EDITION DE LUXE
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A HISTORY OF LOUISIANA
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No.. C, t &
A HISTORY OF
LOUISIANA
Volume III
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r i*-t-\ n.
A HISTORY OF
LOUISIANA
BY
ALCEE FORTIER, Litt. D.
1 ROFESSOR OF ROMANCE LANGUAGES IN TULANE UNIVERSITY
OF LOUISIANA, PRESIDENT OF THE LOUISIANA
HISTORICAL SOCIETY
IN FOUR VOLUMES
*
VOLUME III
THE AMERICAN DOMINATION
PART I
1803-1861
-*£> 'ftt^f &S-
GOUPIL & CO., OF PARIS
ART PUBLISHERS
MANZI, JOYANT & CO., SUCCESSORS
170 FIFTH AVENUE, NEW YORK
1904
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Copyright, 1903, by
Manzi, Joyant & Co.
All rights reserved
THE DK VIVNE PRESS
CONTENTS
Chapter I. Beginning of the American Domination.
PAGE
Condition of the province at the end of the Spanish domina-
tion— Boundaries and divisions — New Orleans — Adminis-
tration of law — Louisianians wish to preserve the French
language in public affairs — Biography of Claiborne — Loui-
siana divided — Act establishing the Territory of Orleans —
Debates in Congress — Dissatisfaction in Louisiana — The
first American City Council — Resignation of Mayor Bore —
James Pitot elected mayor — Establishment of the Louisiana
Bank — Petition to Congress — First officials of the Territory
of Orleans — Claiborne's inaugural address and first mes-
sage— Celebration of the first anniversary of the cession —
Acts of the Legislative Council — First aldermen of New
Orleans — Mayor Watkins — Poydras's last address to the
Legislative Council — Manners and customs 3
Chapter II. The Territory of Orleans.
Memorial of the inhabitants of Louisiana presented to Con-
gress— A new form of government for the Territory of Or-
leans— Claiborne again appointed governor — The first repre-
sentatives elected by the people — Patriotism of the new
Americans — Dissolution of the Legislative Council — Motives
of discontent of the members — Claiborne's judicious reply
— Insurrection in New Feliciana against Spain — Dispute
about the frontier line — Conciliatory policy of Jefferson —
Wilkinson goes to Sabine River — Aaron Burr's plot — Wil-
kinson's arbitrary measures in New Orleans — Later career
of the conspirators — Foundation of Donaldsonville — Acts
of the Legislature — About education — Apprentices and in-
dentured servants — Slaves — Free people of color — The Black
Code — The Civil Code — Pike's expedition 33
Chapter III. Preparing for Statehood.
Edward Livingston and the Batture — Digest of the civil laws
— Immigrants from Santo Domingo leave Cuba for New
vi CONTENTS
PAGE
Orleans — Great mortality among the troops in Louisiana
— Patriotic letter of the City Council to President Madi-
son— Revolution in West Florida — A convention called —
Preamble to a plan of a constitution — Capture of the Baton
Rouge fort — Declaration of independence of West Florida —
Claiborne ordered to take possession of West Florida — De-
bates in the Senate — Speech of Henry Clay — Census of
1810 — Speeches of Josiah Quincy and of Poindexter in the
House — Bill admitting the Territory as a State — Revolt of
slaves in 1811 — Constitutional Convention of 1811 — Loui-
siana admitted into the Union in 1812 — Arrival of the first
steamboat — The first officials of the State 53
Chapter IV. Invasion by the British.
Preparations for war with Great Britain — General Wilkin-
son constructs Fort Bowycr — Claiborne's proclamation about
the Baratarians — Jean and Pierre Lafitte — Reward for Jean
Lafitte's capture — His response — Claiborne's letter to Jack-
son— Lafitte sends to the Americans the papers received from
the British — The establishment at Barataria destroyed — The
British attack Fort Bowyer and are repelled — Proclamation
of General Jackson to the Louisianians — Jackson captures
Pensacola — Battle of Lake Borgne — Refusal of the Legis-
lature to suspend the writ of habeas corpus — Martial law —
Jackson's address to the troops — Bayou Bienvenu — The
British arrive at Villere plantation 83
Chapter V. The Battles of December, 1814, and
January 8, 1815.
Battle of December 23, 1814 — Destruction of the Carolina —
Battle of December 28, 1814 — Interference with the Legis-
lature— Artillery battle of January 1, 1815 — Battle of New
Orleans — Jackson's reports of the battle — Nolte's state-
ment about cotton bales used in intrenchments — Jackson's
general orders — An Englishman's opinion of the campaign 112
Chapter VI. After the Battle.
Thanksgiving at the cathedral — Jackson's letter to Mayor
(iin><l — The Legislature omits Jackson's name in its vote
of thinks to the soldiers — The British capture Fort Bowyer
CONTENTS vii
PACE
— Jackson's unjust treatment of the French in Louisiana —
Louallier's letter criticizing Jackson — Arrest of Louallier
and of Judge Hall — Order to arrest Hollander — Orders to
arrest Lewis and Dick — Jackson condemned to pay a fine
of one thousand dollars — President Madison praises the
Louisianians — Resolutions of Congress — Resolutions of the
Legislature of Louisiana — Bernard Marigny's " Reflections
on the Campaign of Jackson" 143
Chapter VII. Period of Development — 1815 to 1831.
Period of tranquillity — Prosperity of Louisiana from 1815
to I860— Claiborne's farewell address— Election of Gov-
ernor Villere — Death of Claiborne — Important laws in 1817
and 1818— Early steamboats in Louisiana — Restriction of
immigration — Abatement of party spirit — Debt of the State
extinguished— Report on public education in 1820 — The
word slavery appears in a public document in 1820 — Robert-
son's fiery messages — Lotteries authorized — Cold weather in
1823— Lafayette in Louisiana in 1825 — Livingston's Crim-
inal Code— Report on the overflows of the Mississippi—
Meeting of the Legislature at Donaldsonville in 1831 — Dan-
ger of disparity in numbers between the white and the black
population — Return of the Legislature to New Orleans . 176
Chapter VIII. Fifteen Years of Growth — 1831 to
1846.
Governor Roman's inaugural address — Address of congrat-
ulations to the French people on the Revolution of 1830 —
Cholera in 1832 — Resolutions about nullification — Board of
public works created — Riot in New Orleans in 1834 — New
Orleans divided into three municipalities — Financial trou-
bles— Progress of the sugar industry — Documents relating to
Louisiana in the archives at Paris — Constitutional Conven-
tion— Encouragement of literary talent — Libraries in New
Orleans in 1846 — Reorganization of the Louisiana Histori-
cal Society — Growth of Louisiana as an American State . 217
Chapter IX. From the Mexican War to the Civil
War— 1846 to 1861.
Taylor's army of occupation — Louisiana troops in the Mexi-
can War — Public schools helped by the esta' lishment of a
university — Governor Isaac Johnson on the \\ ;.lmot Proviso
viii CONTENTS
PAGE
— The University of Louisiana — President Hawks's report
— Baton Rouge the capital of Louisiana — Consolidation of
the three municipalities in New Orleans — Epidemics in 1853
and 1854 — The Know-Nothing party — The destruction of
Last Island — Disorder in New Orleans in 1858 — Secession
Convention of 1861 — Governor Moore takes possession of
forts and arsenals in Louisiana — Ordinance of Secession . 244
LIST OF ILLUSTRATIONS
FACING PAGE
Scene of the transfer of Louisiana from France to the
United States in the Place d'Armes at New Orleans,
December 20, 1803. Hand-finished Water-color Facsimile, re-
produced from an original painting by T. de Thulstrup Frontispiece
William Charles Cole Claiborne, 1775-1817, one of the
United States Commissioners to whom Louisiana was trans-
ferred by the French Colonial Prefect Laussat. Governor
of the Territory of Orleans, 1804, and first Governor of the
State of Louisiana, 1812-1816. From a contemporary paint-
ing belonging to his grandson, Mr. W. C. C. Claiborne, New
Orleans, La 20
Aaron Burr, 1756-1836, author of a conspiracy to secure the
independence of Orleans. He was Vice-President of the
United States, 1801, and shot Alexander Hamilton in a duel,
July 11, 1804. From a painting by John Vanderlyn in the
possession of the New York Historical Society .... 44
Julien Poydras, 1740-1824 (upper left), great public
benefactor and founder of the Poydras Asylum, New Orleans.
He was president of the first Legislative Council of the Terri-
tory of Orleans. From a painting in the Poydras Asylum,
New Orleans, La 60
Jean Noel Destrehan, died in 1824 (upper right), Speaker
of the House of Representatives of the Territory of Orleans.
From a painting belonging to his grandson, Judge Emile
Rost, New Orleans, La 60
Edward Livingston, 1764-1836 (centre), author of a code
of criminal law. Was United States Senator from Louisiana
in 1829, Secretary of State in Jackson's Cabinet, 1831, and
ix
x LIST OF ILLUSTRATIONS
FACING PAGE
Minister Plenipotentiary to France in 1833. From a paint-
ing by Henry Inman belonging to Mr. Carleton Hunt and
sisters., — Louise Livingston Hunt and Julia Barton Hunt, —
heirs of the late Mrs. Cora L. Barton (daughter of Edward
Livingston), Montgomery Place, Barrytown-on-Hudson, N.Y. 60
Jean Etienne de Bore, 1741-1819 (lower left), the
first successful sugar-planter in Louisiana. Was the first
mayor of New Orleans in 1803, when the Cabildo was
abolished by the French Colonial Prefect Laussat. From a
contemporary painting in the Sugar Exchange, New Orleans,
La 60
Valcour Aime, 1798-1867 (lower right), the pioneer in
refining sugar directly from the cane-juice. From a contem-
porary miniature belonging to his grandson, Professor Alcee
Fortier, New Orleans, La 60
Major-General Andrew Jackson, 1767-1845, who de-
feated the British forces under General Pakenham at the
Battle of New Orleans, January 8, 1815. He was afterward
seventh President of the United States, 1829-1837, and was
popularly known as " Old Hickory." From the painting by
John Vanderlyn, executed in 1819, in the City Hall, New
York 86
Major-General the Honorable Sir Edward Michael
Pakenham, G. C. B., 1778-1815; who eight times received
the thanks of Parliament for his conduct in the Peninsular
War, and was killed in action at New Orleans, January 8,
1815, aged 37. From a water-color drawing by T. Heaphy,
1815, belonging to the Dowager Lady Longford, London . 100
Battle of New Orleans. Drawn on the field of battle and
painted by Hthe. Laclotte, architect and assistant engineer in
the Louisiana army. From an engraving in colors by P. L.
Debucourt belonging to Mr. T. P. Thompson, New Orleans,
La 122
LIST OF ILLUSTRATIONS xi
FACIXG PAGE
Major-General, William Carroll, 1788-1844 (upper left),
who commanded the detachment of West Tennessee Militia
under Jackson at the Battle of New Orleans, and was
afterward Governor of Tennessee. From the painting by
Washington B. Cooper belonging to the Tennessee Historical
Society 136
Brigadier-General John Coffee, 1772-1834 (upper right),
who commanded the left brigade under Jackson at the Battle
of New Orleans. He was a brother-in-law of General Jack-
son. From a painting by R. E. W. Earle now in the Her-
mitage, near Nashville, Tenn 136
Major-General Philemon Thomas, 1763-1847 (centre),
who captured the Spanish fort of Baton Rouge, 1810. From
a contemporary painting in the State Capitol at Baton
Rouge, La 136
Major Jean Baptiste Plauche, 1785-1860 (lower left),
who commanded a battalion of volunteers under Jackson at
the Battle of New Orleans, and was named in General Orders
for his activity, courage, and zeal. From a painting belong-
ing to his granddaughter, Madame Charles de Lassus, New
Orleans, La . 136
Colonel Michel Fortier, 1750-1819 (lower right), who
took part in the campaigns of Governor Galvez, and was a
member of the first City Council of New Orleans. From a
miniature belonging to his great-grandson, Professor Alcee
Fortier, New Orleans, La 136
Plan of the City and Suburbs of New Orleans. From an
actual survey made in 1815 by J. Tanesse, city surveyor,
showing all the principal buildings as they then existed.
From an engraving in the Howard Memorial Library, New
Orleans, La 160
Giant Steamboats on the Mississippi, showing the levee at
New Orleans. From a painting by Hippolyte Victor Valen-
xii LIST OF ILLUSTRATIONS
FACING PAGE
tin Sebron, 1853, belonging to tbe Tulane University of
Louisiana 186
Pierre Derbigny, 1767-1829 (upper left), Governor of Loui-
siana, 1828-1829- From a portrait in crayon at the Loui-
siana State University, Baton Rouge, La 206
Jacques Philippe Villere, 1761-1830 (upper right), Gov-
ernor of Louisiana, 1816-1820. Was major-general of State
militia in the Battle of New Orleans. From a portrait in
crayon at the Louisiana State University, Baton Rouge, La. 206
Thomas Bolling Robertson, 1784-1828 (centre), Governor
of Louisiana, 1820—1824. From a portrait in crayon at
the Louisiana State University, Baton Rouge, La. . . . 206
Henry Johnson, 1783-1864 (lower left), Governor of
Louisiana, 1824-1828. From a portrait in crayon at the
Louisiana State University, Baton Rouge, La 206
Andre Bienvenu Roman, 1795-1866 (lower right), Gov-
ernor of Louisiana, 1831-1835 and 1839-1843. From a por-
trait in crayon at the Louisiana State University, Baton
Rouge, La 206
Edward Douglas White, 1795-1847 (upper left), Governor
of Louisiana, 1835-1839- From a portrait in crayon
at the Louisiana State University, Baton Rouge, La. . . . 224
Alexandre Mouton, 1804-1882 (upper right), Governor
of Louisiana, 1843—1846. From a portrait in crayon at the
Louisiana State University, Baton Rouge, La 224
Isaac Johnson, 1805-1853 (centre), Governor of Louisiana,
1846-1850. From a portrait in crayon at the Louisiana
State University, Baton Rouge, La 224
Joseph Marshall Walker, 1780-1856 (lower left), Gov-
ernor of Louisiana, 1850-1853. From a portrait in crayon
at the Louisiana State University, Baton Rouge, La. . . . 224
LIST OF ILLUSTRATIONS xiii
FACING PAGE
Robert Charles Wickliffe, 1820-1895 (lower right),
Governor of Louisiana, 1856—1860. From a portrait in
crayon at the Louisiana State University, Baton Rouge, La. 224
Major-General Zachary Taylor, 1784-1850, "the hero of
the Mexican War," popularly known as " Old Rough and
Ready." He commanded the army of occupation in Texas,
1845, and was afterward twelfth President of the United
States, 1849-1850. From a painting belonging to his grand-
daughter, Mrs. Walter Robinson Stauffer, New Orleans, La. 244
A HISTORY OF
LOUISIANA
Volume III
CHAPTER I
Beginning of the American Domination
Condition of the province at the end of the Spanish domination — Boundaries
and divisions — New Orleans — Administration of law — Louisianians wish to
preserve the French language in public affairs — Biography of Claiborne —
Louisiana divided — Act establishing the Territory of Orleans — Debates in
Congress — Dissatisfaction in Louisiana — The first American City Council —
Resignation of Mayor Bore — James Pitot elected mayor — Establishment
of the Louisiana Bank — Petition to Congress — First officials of the Terri-
tory of Orleans — Claiborne's inaugural address and first message — Cele-
bration of the first anniversary of the cession — Acts of the Legislative
Council— First aldermen of New Orleans — Mayor Watkins— Poydras's last
address to the Legislative Council— Manners and customs.
HAT the reader may understand the
changes brought about by the trans-
fer of Louisiana to the United States
and the progress during the Ameri-
can domination, it is necessary to
present briefly the condition of the
province at the end of the Spanish
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domination. We give here a few extracts from the in-
teresting digest of information received by President
Jefferson and communicated by him to Congress on
November 14, 1803:
The precise boundaries of Louisiana, westward of the Missis-
sippi, though very extensive, are involved in some obscurity. Data
are equally wanting to assign with precision its northern extent.
4 A HISTORY OF LOUISIANA [isos
From the source of the Mississippi, it is bounded eastwardly by the
middle of the channel of that river, to the thirty-first degree of
latitude; thence, it is asserted, upon very strong grounds, that,
according to its limits when formerly possessed by France, it
stretches to the east as far, at least, as the river Perdido, which
runs into the bay of Mexico, eastward of the river Mobile.
The province as held by Spain, including a part of West
Florida, is laid off in the following principal divisions: Mobile,
from Balize to the city, New Orleans, and the country on both sides
of Lake Pontchartrain, First and Second German Coasts, Caba-
hanose, Fourche, Venezuela, Iberville, Galveztown, Baton Rouge,
Pointc Coupee, Attakapas, Opelousas, Ouachita, Avoyelles,
Rapides, Natchitoches, Arkansas, and the Illinois.
The city of New Orleans, which is regularly laid out on
the east side of the Mississippi, in latitude thirty degrees north,
and longitude ninety degrees west, extends nearly a mile along
the river, from the gate of France on the south, to that of Chapi-
toulas [Tchoupitoulas] above, and a little more than one third of a
mile in breadth from the river to the rampart; but it has an ex-
tensive suburb on the upper side. The houses in front of the town,
and for a square or two backward, are mostly of brick, covered
with slate or tile, and many are of two stories. The remainder
are of wood, covered with shingles. The streets cross each
other at right angles, and are thirty-two French feet wide.
There is in the middle of the city a place dfarmes, facing which
are the church and town-house. There are from twelve to four-
teen hundred houses in the city and its suburbs. The population
is estimated at ten thousand, including the seamen and the gar-
rison. It was fortified in 1793, but the works were defective,
could not have been defended, and arc now in ruins. The powder-
magazine is on the opposite bank of the river.
The public buildings and other public property in New Or-
leans are as follows: Two very extensive brick stores, from
one hundred and sixty to one hundred and eighty feet in length,
and about thirty feet in breadth. They arc one story high and
1803] ADMINISTRATION OF LAW 5
covered with shingles. A government house, stables, and garden,
occupying a front of about two hundred and twenty feet on the
river, in the middle of the town, and extending three hundred and
thirty-six feet to the next street. A military hospital. An ill-
built custom-house of wood, almost in ruins, in the upper part of
the city, near the river. An extensive barrack in the lower part
of the city, fronting on the river, and calculated to lodge twelve
or fourteen hundred men. A large lot adjoining the King's
stores, with a few sheds in it, serves as a park for artillery. A
prison, town-house, market-house, assembly-room, some ground-
rents, and the common about the town. A public school for the
rudiments of the Spanish language. A cathedral church un-
finished, and houses belonging to it. A charitable hospital, with
houses belonging to it, and a revenue of fifteen hundred dollars
annually endowed by a person recently deceased.1
When the country was ceded to Spain, she preserved many of
the French regulations ; but by almost imperceptible degrees they
have disappeared, and at present the province is governed entirely
by the laws of Spain and the ordinances formed expressly for the
colony. The governor's court has civil and criminal jurisdiction
throughout the province; that of the lieutenant-governor has
jurisdiction to the same extent, in civil cases only. There are two
alcaldes, whose jurisdiction, civil and criminal, extends through-
out the city of New Orleans and five leagues around it, where the
parties have no military privilege; those who have that privilege
can transfer their cases to the governor. The tribunal of the
intendant has cognizance of admiralty and fiscal causes, and such
suits as are brought for recovery of money in the King's name, or
against him. The tribunal of the alcalde provincial has cogni-
zance of criminal causes, where offenses are committed in the
country, or when the criminal takes refuge there, and in other
specified cases. The ecclesiastical tribunal has jurisdiction in all
matters respecting the church.
The governor, lieutenant-governor, alcaldes, intendant, al-
calde provincial, and the provisor in ecclesiastical causes, are, re-
\
\
6 A HISTORY OF LOUISIANA [isos
spectively, sole judges. All sentences affecting the life of the
culprit, except those of the alcalde provincial, must be approved by
the superior tribunal, or by the captain-general, according to the
nature of the cause, before they are carried into execution. The
governor has not the power of pardoning criminals. An auditor
and an assessor, who are doctors of law, are appointed to give
counsel to those judges; but for some time past there has been
no assessor. If the judges do not consult those officers, or do
not follow their advice, they make themselves responsible for their
decisions. The commandants of districts have also a species of
judicial power. They hear and determine all pecuniary causes not
exceeding the value of one hundred dollars. Where the suit is
for a larger sum, they begin the process, collect the proofs, and
remit the whole to the governor, to be decided by the proper
tribunal. They can inflict no corporal punishment except upon
slaves, but they have the power of arresting and imprisoning
when they think it necessary; advice of which, and their reasons,
must be transmitted to the governor.
Small suits are determined in a summary way, by hearing both
parties, viva-voce; but in suits of greater magnitude the pro-
ceedings are carried on by petition and reply, replication and re-
joinder, reiterated until the auditor thinks they have nothing
more to say. Then all the proofs that either party chooses to
adduce are taken before the keeper of the records of the court,
who is always a notary public. The parties have now an op-
portunity of making their remarks upon the evidence, by way of
petition, and of bringing forward opposing proofs. When the
auditor considers the cause as mature, he issues his decree, which
receives its binding force from the governor's signature, where
the cause comes before him. There is an appeal to Havana, if
applied for within five days after the date of the decree, in
causes above a certain value. An ulterior appeal lies to the
Audience, which formerly sat at Santo Domingo, but which is now
removed to some port of Cuba; and thence to the Council of the
Indies, in Spain.
1803] ADMINISTRATION OF LAW 7
Suits are of various durations. In pecuniary matters, the laws
encourage summary proceedings. An execution may be had on
a bond in four days ; and in the same time on a note of hand,
after the drawer has acknowledged it, or after his signature is
proved. Movable property is sold, after giving nine days' warn-
ing, provided it be three times publicly cried in that interval.
Landed property must be likewise cried three times, with intervals
of nine days, and it may then be sold. All property taken in
execution must be appraised, and sold for at least half of the
appraisement. In pecuniary matters, the governors decide ver-
bally, without appeal, when the sum does not exceed one hun-
dred dollars. The alcaldes have the same privilege when the
amount is not more than twenty dollars.
In addition to these courts, four years ago there were estab-
lished four alcaldes de barrio, or petty magistrates — one for each
of the four quarters of the city — with a view to improve its police.
They hear and decide all demands not exceeding ten dollars; ex-
ercise the power of committing to prison ; and in case of robbery,
riot, or assassination they can, by calling upon a notary, take
cognizance of the affair; but when this is done they are bound
to remit the proceedings to some of the other judges, and, in all
cases, to give them information when they have committed any
person to prison.
Most of the suits are personal contracts, rights to dower, in-
heritances, and titles to land. Those arising from personal quar-
rels are usually decided in a summary way. The inhabitants are
said not to be litigious.
The number of lawyers is small, not exceeding three or four
attorneys, and their fees are small. Suits are carried on in
writings, called escritos, which may be drawn up by the parties
themselves, if they please, but they must be presented by the
escribano, or notary, who is the keeper of the records of the court.
The fees of the judges are twenty-five cents for every half signa-
ture or flourish (which is usually affixed on common occasions),
fifty cents for every whole signature; and two dollars and three
8 A HISTORY OF LOUISIANA [i«s
fourths for every attendance, as at a sale, or the taking of evi-
dence. The fees of the abogado, or person consulted by the judges
on law points, are twelve and a half cents for every leaf of which
{he process consists, and four dollars for every point of law
cited. Those of the attorney are sixty-two and a half cents for
a simple petition, or escrlto; but if it should be necessary to read
a process in order to form his petition, and if it should require
much time and labor, he is compensated in proportion, besides
receiving twelve and a half cents a leaf for reading the papers.
For attendance on any business, he is allowed one dollar and
fifty cents for two and a half hours. The notary has fifty cents
for each decree or order of the judge; twenty-five cents for a
notification in his office; and fifty cents for one out of it, but
within the city; one dollar and seven eighths for every attendance
of two and a half hours on business, and twenty-five cents addi-
tional for every leaf of paper written by him.
A counselor or two have sometimes resided in New Orleans,
but as they have been usually found obnoxious to the officers of the
government, they have not continued there. The counselor
values his own services, and, in general, exacts large sums. The
attorney generally receives from the party who employs him
more than is allowed by law.
In cases of petty crime, the finding cf the proper court may be
-aid to be final, and without appeal; and commonly such causes
are decided in a summary way. In the case of more serious
crimes, more solemnity is observed. A person skilled in the laws
is nominated by the court to defend the accused. The trial is not
public; but examination and depositions in writing are taken
privately by the auditor, at any time most convenient to himself,
and the counsel of the accused is permitted to be present. Every
kind of privilege is granted to him in making his defense. Such
suits are usually very tedious and expensive — when the accused is
wealthy. If condemned, he is entitled to an appeal, as in civil
s, provided he give security for payment of the future costs.
There appears, however, to be a virtual appeal in every capital
condemnation, because a stay of execution takes place until the
1803] COURT OF PLEAS 9
confirmation of the sentence returns from Santiago dc Cuba,
where there is a grand tribunal consisting of five judges, before
whom counselors plead, as in our courts. Crimes of great atroc-
ity are very rare. Murder, b}' stabbing, seems to be confined to
the Spanish soldiers and sailors. The terror of the magistrate's
powers restrains assaults, batteries, riots, etc. Punishments are
usually mild. They mostly consist of imprisonment and payment
of costs; sometimes the stocks. White men, not military, are
rarely, perhaps never, degraded by whipping, and in no case do
any fines go into the public treasury. Murder, arson, and ag-
gravated robbery of the King's treasury or effects are pun-
ished with death. Robbery of private persons, to any amount, is
never punished with death, but by restitution, imprisonment, and,
sometimes, enormous costs. Crimes against the King's revenue,
such as contraband trade, are punished with hard labor for life,
or a term of years on board the galleys, in the mines, or on the
public works.
Claiborne, in his proclamation to the people of Loui-
siana, had announced that he was to exercise the powers of
governor and intendant, and the administration of the
province was to remain in the same state in which he
found it, — that is to say, as it was under the Spanish
domination. Laussat, however, by abolishing the cabildo
and establishing a municipal body, did away with the offi-
cers of principal, provisional, and ordinary alcaldes, and
no judicial officers but the governor and the alcaldes de
barrio remained in New Orleans. Claiborne, therefore,
established on December 30, 1803, a Court of Pleas, com-
posed of seven justices.2
Its civil jurisdiction was limited to cases which did not exceed
in value three thousand dollars, with an appeal to the governor
in cases where it exceeded five hundred. Its criminal jurisdiction
10 A HISTORY OF LOUISIANA [1804
extended to all cases in which the punishment did not exceed a
fine of two hundred dollars and imprisonment during sixty days.
The justices individually had summary jurisdiction of debts un-
der the sum of one hundred dollars; but from all their judgments
an appeal lay to the Court of Pleas.
The Louisianians were dissatisfied at the way the new
American Territory was governed, and their grievances
were set forth very forcibly by a " Native," in a pamphlet
published in 1804. He says that " Governor Claiborne
fell, as it were, from the clouds, without the least know-
ledge of the country, its inhabitants, their manners, their
customs, their very language, or their laws, which he was
enjoined to follow." 3 The Court of Pleas was organized
after the American manner, and one may imagine " the
embarrassment of the judges themselves, who had no idea
of those foreign forms which they should follow and mix
with the Spanish laws."
The principal grievance of the Louisianians was the in-
troduction of the English language in all public affairs
except in the municipality, — a fact, says a " Native,"
which would make the Louisianians become " strangers on
their native soil " and would " suddenly strike them politi-
cally dead." ' Is not the use of our native language the
most dear property, of which we could not be debarred
without becoming insignificant and passive beings?"
The Louisianians admitted that, at a future day, the Eng-
lish language should prevail in Louisiana, but they said
that time alone could bring about this revolution. They
added that they had a sincere desire of fraternizing with
their new countrymen ; and that, in spite of all their griev-
1804] GOVERNOR CLAIBORNE 11
ances, " ever faithful to the laws and government, they
complained in respectful language and prayed for jus-
tice." They said of Governor Claiborne that he used his
dangerous authority with probity and moderation.
William Charles Cole Claiborne was born in Virginia
in 1775, and was therefore only twenty-eight years of age
when President Jefferson appointed him governor of the
Territory of Louisiana. He was a descendant of Wil-
liam Claiborne, whose name appears in the early history
of Virginia and Maryland. He was educated at Rich-
mond Academy and at William and Mary College, but
had to earn a living at the age of fifteen and went to New
York to look for employment. He found a place in the
office of John Beckley, who was then clerk of the House
of Representatives, and worked there four years. In
Philadelphia, whither Congress removed in 1790, Clai-
borne acquired the friendship of Thomas Jefferson and
of John Sevier. The latter advised him to go west and
become a lawyer, and after three months spent in Rich-
mond reading law, he set out for Tennessee. He was
elected a delegate to the convention that was to frame a
constitution for the new State of Tennessee, then he be-
came one of the judges of the Supreme Court of Law and
Equity, and soon afterward he was sent to Congress, to
succeed Andrew Jackson, who had been elected to the
Senate. In the House he voted for Jefferson for Presi-
dent, and in 1802 he was appointed governor of Missis-
sippi Territory. From that office he was sent to govern
Louisiana, where he succeeded in overcoming all preju-
dices against him and became very popular with the
12 A HISTORY OF LOUISIANA [mnm
Louisianians of French origin. The reason of his success
was, that he was laborious and thoroughly honest.
By an act of Congress, of March 20, 1804-, Louisiana
was divided into two parts. All that portion " south of
the Mississippi Territory and of an east-and-west line, to
commence on the Mississippi River, at the thirty-third de-
gree of north latitude, and to extend west to the western
boundary of the said cession/' was named the Territory
of Orleans. The residue of the province was called the
District of Louisiana, and was placed under the adminis-
tration of the governor of the Indiana Territory and the
jurisdiction of the judges of that Territory.
The executive power, in the Territory of Orleans, was
vested in a governor to be appointed by the President for
three years. He was to be commander-in-chief of the
militia of the Territory, to have power to grant pardons
for offenses against the Territory, and reprieves for of-
fenses against the United States, until the decision of the
President was known, and to have the appointment of all
civil and military officers, except those whose appoint-
ments were otherwise provided for. A secretary of the
Territory was to be appointed for four years. The legis-
lative powers were vested in the governor and a Legisla-
tive Council of thirteen members, to be appointed annu-
ally by the President. The governor was to publish all
the laws annually throughout the Territory, and to report
them from time to time to the President, to be laid before
Congress. If they were disapproved by Congress, they
were thenceforth void. The governor had the right to
convene and prorogue the Legislative Council, whenever
1804] ACT OF CONGRESS 13
he deemed it expedient. " The judicial powers were
vested in a superior court and such inferior courts and
justices of the peace as the Legislature of the Terri-
tory might establish. The superior court consisted of
three judges, one of whom constituted a court." A
district court was also established, to consist of one
judge. " Provision was made for the writ of habeas
corpus, admission to bail in cases not capital, and
against cruel or unusual punishments." 4 ' The im-
portation of slaves from foreign countries was for-
bidden, and that of those from the United States was
allowed only to citizens, bona-fide owners, removing to the
Territory."
These were the principal sections of the act establishing
the Territory of Orleans. It gave rise to animated de-
bates in Congress.5 Mr. Eustis of Massachusetts said
the people of Louisiana were not prepared to enjoy the
elective franchise ; that he considered them as standing in
nearly the same relation to the United States "as if they
were a conquered country." Mr. Macon, the Speaker,
was opposed to the principle contained in the act, because
it established a species of government unknown to the
laws of the United States. He was in favor of giving the
people of Louisiana the same government that was given
to the people of the Mississippi Territory. Several other
representatives considered the government about to be
given the Territory of Orleans as being most despotic,
and as being contrary to the treaty of cession. The act,
however, was passed, and was approved March 26, 1804.
It was to be in force October 1, 1804, and to continue one
14 A HISTORY OF LOUISIANA [ism
year and to the end of the next session of Congress that
might he held thereafter.
The dissatisfaction in Louisiana was very great at the
illiberal act of Congress establishing the Territory of Or-
leans; and that feeling brought about the resignation of
Etienne de Bore as mayor of New Orleans. We have
seen that on November 30, 1803, Laussat abolished the
cabildo and established a municipal body composed of a
mayor, a council of twelve members, and a clerk. The
mayor and members of the first Municipal Council
worked diligently during the twenty days of the second
French domination, and they continued in office after the
transfer of the province to the United States. On De-
cember 30 the Council was reestablished with all the mem-
bers appointed by Laussat, except Sauve and Jones, who
had resigned.6 On December 24 Governor Claiborne
presided at the meeting of the Council, and the mayor
and members took the oath of allegiance to the United
States.
On December 28 burial in churches was forbidden; on
January 11, 1804, Delahogue was elected assistant secre-
tary, and two new members, Hulings and Charles Poree,
took their seats in the Council. On January 25 curious
regulations were adopted about the order of dances at
public balls, as follows: " 1. Two French contra-dances.
2. One English contra-dance, which will be divided into
twelve couples. 3. A waltz."
In May, 1804, the Council consisted of the original
meml>ers, except Hulings and Poree, who were elected in
January, and of Carrick, Le Breton D'Orgenois, and
1804] MAYOR BORE 15
James Pitot. On May 16, Bore, the mayor, delivered the
following address:
Gentlemen : The municipal body was formed under the French
government ; its powers are what they would be if it had remained
under that government, Governor Claiborne having confirmed it, at
the time of the transfer, with the same powers. It is proper, then,
to protest against the constitution decreed by Congress on March
26, because it annihilates the rights of the Louisianians, of whom
we form part and of whom we are the only representative body.
The American government, by the wisdom of its constitution,
cannot and should not, without departing from its principles and
its obligations, infringe our natural rights and article third of the
treaty of cession. Until the entire colony may oppose in due
form the act that annuls those privileges, let us anticipate that
moment by our formal protest against a constitution that places
us in the class of subjects of the most absolute government. Let
us represent to the President the authenticity of our pretensions ;
let us express ourselves as republicans united to the United States
of America, and let the present government, however insufficient
and unfavorable it is by its form, subsist until our fate be fixed
in accordance with our rights and the treaty of cession.7
The Council's answer to the mayor was that, in its opin-
ion, a protest should not be made, but only representa-
tions, and that this right belonged to the generality of the
citizens of the colony and not to the municipal body in
particular.
On May 19, 1804, Mayor Bore announced that his per-
sonal affairs did not allow him to share the labors of his
colleagues, and that he had sent his resignation to Gov-
ernor Claiborne. On May 26, Petit presided at a meeting
of the Council, and it was decided that a letter be written
16 A HISTORY OF LOUISIANA [ism
to ex-Mayor Bore, expressing the profound sentiment of
friendship, confidence, and gratitude of the Council, their
regrets that he was no longer presiding officer, their best
wishes for the happiness of the city and his own, and their
hope that he be replaced by a citizen as wise, as constant,
and as zealous for the public good as he.
There is no doubt that Etienne de Bore resigned his
office of mayor of New Orleans through his patriotic
pride as a Louisianian, when he saw how ungenerous Con-
gress had been in its act of March 26, 1804, establishing
the Territory of Orleans. Bore was a man of great merit,
and was highly esteemed in Louisiana, which he had en-
riched by his energy in securely establishing the sugar
industry. On June 2, 1804, James Pitot was elected
mayor by the Council, and his election was approved by
Governor Claiborne.
During the Spanish domination a large quantity of
silver was sent from Vera Cruz every year for the ex-
penses of the government of the colony; and when this
supply of silver ceased, distress was felt from the scarcity
of a circulating medium. There was also a large quantity
of 'liberanzaSj or certificates, which had not been redeemed
by the Spaniards. To relieve the financial distress, Gov-
ernor Claiborne established the Louisiana Bank; but the
people, at first, had little confidence in this institution.
The Louisianians felt such dissatisfaction with the act
of Congress relating to Louisiana that a meeting of mer-
chants and planters was held in New Orleans on June 1,
and it was determined to petition Congress to repeal that
part of the act concerning the division of the Territory
1804] PETITION TO CONGRESS 17
and the restrictions on the importation of slaves. A re-
quest was also to be made for the immediate admission of
Louisiana into the Union. A committee composed of
Jones, Edward Livingston, Pitot, and Petit was ap-
pointed to prepare a draft of the petition to Congress, to
be submitted at another meeting. The report of the com-
mittee, presented at a public meeting in the beginning of
July, was approved, and a committee of twelve was
chosen to circulate the petition or memorial among the in-
habitants for their signatures, and to solicit contributions
to defray the expenses of a delegation to be sent to Wash-
ington to lay the memorial before Congress. The com-
mittee of twelve was also to suggest the names of six
individuals, out of whom three would be chosen as dele-
gates of the people. The last public meeting was held on
July 18, 1804, and three commissioners were chosen, —
Pierre Sauve, Pierre Derbigny, and Jean Noel Destre-
han.s On July 4 there had been a patriotic celebration
of the Declaration of Independence, and Pierre Derbigny
had delivered a fine address.
On October 1, 1804, the act of Congress went into ef-
fect, and the following officers were appointed by Presi-
dent Jefferson: Claiborne, governor; Brown, secretary;
Bellechasse, Bore, Cantrelle, Clark, De Buys, Dow,
Jones, Kenner, Morgan, Poydras, Roman, Watkins,
members of the Legislative Council; Duponceau, Kirby,
and Prevost, judges of the Superior Court; Hall, district
judge of the United States; Mahlon Dickens, district
attorney; and Le Breton D'Orgenois, marshal.
Prevost was a stepson of Aaron Burr; he opened his
18 A HISTORY OF LOUISIANA [ism
court alone, as Kirby had died and Duponceau had not ac-
cepted the appointment of the President. Bore, Belle-
ehasse, Jones, and Clark had been among the most active
in organizing the public meetings that had decided to send
a memorial to Congress to protest against the establish-
ment of the new government. As they could not there-
fore consistently serve as members of the Legislative
Council, they declined to accept seats in that body. The
other members were not zealous in attending meetings,
and, as a quorum could not be obtained, Claiborne took
advantage of the fact that blank commissions had been
sent to him, as the first names of the persons appointed
were not known in Washington. He therefore filled four
commissions with the names of Dorciere, Flood, Mather,
and Pollock, and barely obtained a quorum of the Legis-
lative Council on December 4, 1804.
On September 26, 1804, Claiborne lost his wife and
their infant, and " many thousands," says the " Louisiana
Gazette," " attended her interment, and business of
almost every kind was suspended." This misfortune ren-
dered pathetic Claiborne's address to the people when he
was sworn into office on October 2 by James Pitot, Mayor
of New Orleans.
Fellow-Citizens : The President of the United States having
been pleased to appoint me governor of that part of Louisiana
which is constituted the Territory of Orleans, I have attended in
tlii^ Hall to take in your presence the oaths of office required
by law. In this additional and distinguished proof of confidence
from the Chief Magistrate of our common country, I find the
strongest inducements to merit by my conduct a continuance of
1804] CLAIBORNE'S MESSAGE 19
his approbation ; to deserve yours also, fellow-citizens, is my sincere
desire, and shall be the fondest object of my cares. All the
felicity which a recent domestic calamity has left for me to seek
or enjoy, is in contributing to the happiness of those over whom
I am called upon to preside. The importance of the trust com-
mitted, and the high responsibility attached thereto, are forcibly
impressed upon my mind, and have excited the most anxious solici-
tude. On entering, however, upon my arduous duties, I anticipate
with pleasure the principal aid which I shall receive from the j udi-
cial and legislative authorities, and the kind indulgence and sup-
port which a generous people always extend to the honest ap-
peals of a public officer. Past events, fellow-citizens, guarantee
the fulfilment of these expectations. In the course of my late ad-
ministration, which, from a variety of circumstances, was accom-
panied with peculiar difficulties, I received from the officers, civil
and military, a zealous and able cooperation in all measures for
the public good, and from the people in general an indulgence
and support, which encouraged harmony and insured the su-
premacy of the law. I am now ready to take the oaths of office
required. And I pray Almighty God to visit with his favor the
magistrates and legislators of this Territory ; to enable them to
preserve to her citizens and their posterity the blessings of peace,
liberty, law, and thus to soften those evils which a wise Providence
has annexed in this world to the condition of man.9
When the Legislative Council met on December 4,
1804, Governor Claiborne addressed to them a message
which we reproduce in part, as it is the first message of
a governor of American Louisiana.
Fellow-Citizens of the Legislative Council: Receive my
sincere congratulations on your present assemblage, and permit
me to accompany an acknowledgment of the pleasure I feel on
the occasion with an expression of my anxious solicitude for the
20 A HISTORY OF LOUISIANA [iso*
honor and usefulness of your labors. When I revert to the impor-
tant events that produced our present political connection, I look
forward to the pleasing prospects of permanent aggrandizement.
When I reflect upon our union with the freest people upon earth,
and our dependence upon that just government under whose
auspices a young nation has so soon become powerful, and, amidst
an unexampled advancement of agriculture and extension of com-
merce, enjoyed liberty, laws, and uninterrupted peace, the satis-
faction with which I contemplate the future destinies of this Terri-
tory is equaled only by my admiration of the wisdom and virtue
which have diffused such political blessings, and promise (under
the favor of Heaven) their perpetuity.10
Claiborne then calls attention to the important and ar-
duous trust committed to the Council. The first object,
he says, should be a system of jurisprudence suited to the
interests and habits of the citizens, and the governor rec-
ommends an energetic system of criminal jurisprudence.
' It is not the severity, but the celerity and certainty of
punishment, that repress crimes." He requests attention
to the interest, convenience, and comfort of New Orleans.
The city has great claims on your most affectionate patronage.
The real interest of the merchant and planter is the same ; and he
is no friend to either who would wish to divide them. Let exer-
tions be made to rear up our children in the paths of science and
virtue, and to impress upon their tender hearts a love of civil
and religious liberty. Every constitutional encouragement should
be given to ministers of the gospel. Religion exalts a nation,
while sin is the reproach of any people. It prepares us for those
vicissitudes which so often checker human life. It deprives even
misfortune of her victory. It invites to harmony and good will
in this world, and affords a guarantee for happiness hereafter.
iho5] ACTS OF THE COUNCIL 21
Everything dear to a free people may be considered as insecure,
unless they are prepared to resist aggression. Let me advise a
prudent economy. Extravagance in a government leads inevit-
ably to embarrassments. Liberality, but not profuseness, econ-
omy, but not parsimony, should be your guide.
Although the Legislative Council was in session, and
Louisiana had become a Territory of the United States,
there was still an impression among some of the inhabi-
tants that the country west of the Mississippi, and per-
haps the whole of Louisiana, would be re-ceded to Spain.
This opinion was encouraged by Casa Calvo and by
Folch, Governor of West Florida. In order, probably,
to counteract any such impression, Claiborne caused to be
celebrated with great splendor, on December 20, 1804, the
anniversary of the transfer of Louisiana to the United
States. There was firing of cannon, then a military pa-
rade, and the governor gave a collation to which he invited
Casa Calvo and Folch and some of the principal inhabi-
tants. The day ended with a ball.
The first session of the Legislative Council lasted from
December 2, 1804, to May 1, 1805.11 The president of
the Council was Julien Poydras, author of the earliest
poem in the literature of Louisiana. The principal acts
of the Council were as follows : : 2 To incorporate a Ma-
rine Insurance Company in the city of New Orleans.
This was the New Orleans Insurance Company, which
was in existence until 1895, and of which the last presi-
dent was Jules Tuyes, a highly cultured gentleman of
the old regime. For dividing the Territory of Orleans
into coimties, and establishing courts of inferior jurisdic-
22 A HISTORY OF LOUISIANA [1805
tion. The Territory was divided into twelve counties:
ar
Orleans, German Coast, Acadia, La Fourche, Iberville,
Pointe Coupee, Attakapas, Opelousas, Natchitoches, Ra-
pides, Ouachita, and Concordia. The county of Orleans
comprised " all that portion of country lying on both sides
of the river Mississippi from the Balize to the beginning
of the parish of St. Charles, including the parishes of St.
Bernard and St. Louis." The county of German Coast
comprised " the parishes of St. Charles and St. John the
Baptist, commonly called the first and second German
Coasts." The county of Acadia comprised " the parishes
of St. James and the Ascension, commonly called the first
and second Acadian Coasts." The other counties were all
minutely described, and for each county a judge was to
be appointed, who should be a justice of the peace, and as
many other justices of the peace as the governor should
appoint. An act to institute a university in the Territory
of Orleans was approved April 19, 1805. The preamble
of this act is very interesting :
Whereas, the independence, happiness, and grandeur of every
republic depend, under the influence of Divine Providence, upon
the wisdom, virtue, talents, and energy of its citizens and rulers ;
and whereas science, literature, and the liberal arts contribute, in an
eminent degree, to improve those qualities and acquirements ; and
whereas, learning hath ever been found the ablest advocate of
rational religion, and the source of the only solid and imperish-
able glory which nations can acquire ; and forasmuch as literature
and philosophy furnish the most useful and pleasing occupations,
improving and varying the enjoyments of prosperity, affording
relief under the pressure of misfortune, and hope and consola-
tion in the hour of death; and considering that in a common-
1805] UNIVERSITY OF ORLEANS 23
wealth, whose humblest citizen may be elected to the highest public
office, the knowledge which is requisite for a magistrate should be
widely diffused, —
It was therefore enacted that a university be established
to be entitled " The University of Orleans." The gov-
ernor, the judges of the Superior Court, the judge of the
court of the United States for the district of Orleans, the
mayor and recorder of New Orleans, and the president
of the Legislative Council were ex-officio regents, and the
following persons were appointed regents: The Rev.
Patrick Walsh, Paul Lanusse, Joseph Faurie, Peter Der-
bigny, Lewis Kerr, Joseph Saul, Dr. Fortin, Dr. Robelot,
Dr. Montegut, Dr. Le Due, Dr. Dow, James Brown,
Edward Livingston, James Workman, Evan Jones,
Bore, and Destrehan. The regents were to establish as
soon as possible a college to be named " The College of
New Orleans," and were to appoint a president and four
professors, one professor for the Latin and Greek lan-
guages, logic and ancient history; one professor for the
English, French, and Spanish languages, rhetoric and
modern history ; one professor for mathematics and natu-
ral philosophy; and one professor for moral philosophy
and the law of nature and nations. The faculty was au-
thorized to grant such degrees as are usually conferred in
other colleges in Europe and America. In each county
one or more public schools were to be established, and as
many schools as the regents might judge fit for the in-
struction of girls, as " the prosperity of every state
depends greatly on the education of the female sex, inso-
much that the dignity of their condition is the strongest
24 A HISTORY OF LOUISIANA [ia»
characteristic which distinguishes civilized from savage
society."
The members of the Legislative Council had excellent
intentions with regard to public schools; but as they did
not provide any fund for their establishment, the plan
failed. The " College of New Orleans," however, was es-
tablished later. A sum, not exceeding fifty thousand dol-
lars, was to be raised annually by two lotteries, — a rather
uncertain and precarious fund.
An act was passed to incorporate a Library Society in
New Orleans, and one to incorporate the city of New Or-
leans, approved February 17, 1805. The boundaries pre-
scribed for the city gave it a large area. The officers were
a mayor and a recorder, to be appointed by the governor
for one year, fourteen aldermen to be elected by the free-
holders owning real estate worth at least five hundred dol-
lars, or renting a household tenement of the yearly value
of one hundred dollars. Two aldermen were to be elected
from each ward, and the fourteen aldermen formed the
City Council, of which the recorder was ex-officio presi-
dent. The Council was to appoint a treasurer and the
necessary subordinate officers.
The Legislative Council held a second session on June
20, 180.5, and adjourned early in July. It passed acts for
improving the inland navigation of the Territory of Or-
leans, to establish a Court of Probate, and to incorporate
a congregation of the Protestant Episcopal Church in the
city of New Orleans. Among the vestrymen of Christ
Church were Edward Livingston, John Watkins, J. B.
Prevost, and Evan Jones.
1805] THE CITY COUNCIL 25
On July 5, 1805, the regents of the University of Or-
leans met, and elected Governor Claiborne chancellor and
Mayor Pitot vice-chancellor. It was determined to raise
by a lottery a sum not exceeding twenty thousand dollars.
On March 6, 1805, a meeting of the Council was held,
at which were present : Mayor Pitot, Petit, Carrick, For-
tier, Faurie, Livaudais, Donaldson, Merieult, and Gurley.
The mayor announced that the aldermen elected were:
1st district, F. Arnaud and J. Carrick; 2d district, J.
Faurie and F. Duplessis; 3d district, Colonel Bellechasse
and Guy Dreux ; 4th district, P. Bretonniere and A. Ar-
gotte; 5th district, Thos. Harman and P. Lavergne; 6th
district, J. B. Macarty and F. J. Dorville; 7th district,
Thomas Poree and F. M. Guerin. On March 11 the new
City Council was installed. Governor Claiborne went at
noon to the City Hall, accompanied by civil and military
authorities and by several prominent citizens. He pro-
claimed James Pitot mayor and John Watkins recorder ;
and all the new officials took the oath of office, except
Colonel Bellechasse, who was absent. From the first
meeting of the City Council in November, 1803, to May
25, 1805, the minutes of the very numerous meetings were
signed by all the members of the Council. On May 25,
1805, only Watkins, the recorder or president, and Bour-
geois, the secretary, signed the minutes.
On July 30, 1805, Mayor Pitot resigned his office, and
Dr. John Watkins was appointed mayor by the governor,
and Colonel Bellechasse recorder.
After the adjournment, in July, 1805, of the second
session of the Legislative Council of the Territory of Or-
26 A HISTORY OF LOUISIANA Lira
leans, Governor Claiborne appointed Julien Poydras
judge of the county of Pointe Coupee.
On May 1, 1805, when the Legislative Council was pro-
rogued by Governor Claiborne, Poydras delivered an ad-
dress, in which he said :
How delicious is the fruit of the tree of liberty, to those who
can taste its sweets without having had the trouble of rearing
the plant, or of watering it with the sweat of their blood ! — without
having been obliged to pass anxious nights and tedious days in
laboring at its delicate and precarious culture! What care must
be taken, what precautions used, to keep at a distance all that
might check or prevent its growth ; and now dexterously to re-
move, now forcibly to tear from it, those destructive vines which,
like devouring parasites, closely twining themselves round its
trunk, penetrate the earth even to its roots.13
He spoke of the arduous work of the Council, said they
did all that was in their power to do, and added that their
successors would be happier than they, as they would en-
joy the confidence of the people by whom they would have
been elected. The censures that the members of the
Council have received have not given them any pain, for
they felt like " that Greek who, aspiring to a certain mag-
istracy, and finding himself excluded by the selection of
three hundred from among his fellow-citizens, hurried to
the temple and returned thanks to the gods that his coun-
try contained three hundred citizens of greater merit than
himself."
To give an idea of customs and manners in New Or-
leans at the beginning of the American domination, we
1804] MANNERS AND CUSTOMS 27
quote here some extracts from the diary of John F. Wat-
son, who arrived in New Orleans on May 26, 1804.]
14
All the houses are different from any that I have ever seen be-
fore, in their style of architecture and fabric; such quantities of
shipping, too, are surprising. The streets are more alive with
population, and there is an outdoor activity of business, that
even now surpasses Philadelphia, from which I have come. The
chief of the houses are of brick and plastered over smoothly with
white mortar; few of them are above one story, unless they are
public edifices ; all are more decorated with ornamental work than
any I have before seen. One-story houses, however, have their
ground floor part so high as to make good storehouses. Almost
all of them have galleries around them.
November J/., 1804- — The birthday of the King of Spain is
celebrated with considerable pomp by the Spanish officers still
here. The Governor, Folch, of Pensacola, and suite, being here,
they all go in procession to mass. Our Governor, Claiborne, with
his suite, joins therein. They all dine at the Marquis de Casa
Calvo's ; a military band plays during the time of the enter-
tainment.
Ladies in this country never visit strangers first. All expect
to be visited by the ladies newly arrived. Our ladies will not yield
to this seemingly awkward position, and therefore they pass with-
out native society. Gentlemen cannot visit young ladies often
unless they declare themselves as intended suitors. There is no
copper coin in circulation; one can't buy anything for less than
a six-cent piece, called a picayune.
We made our first parlor fire on the ninth of November. At this
time oranges began to be sold perfectly ripe.
The first part of January, three or four flatboats arrived from
Charleston on the Ohio ; were twelve weeks to three months in
coming. They had taken out half their cargoes to get over the
falls. By their early arrival they sell their flour at twelve and a
half dollars.
28 A HISTORY OF LOUISIANA [isos
Masquerades have ceased here since eight or nine years past,
but slier ri-varries 15 are still practised. The}' consist in mobbing
the house of a widow when she marries; and the}' claim a public
donation as a gift. When Madame Don Andre16 was married
she had to compromise by giving to the out-door mass three thou-
sand dollars in solid coin ! On such occasions the mob are
ludicrously disguised. In her case there were effigies of her late
and present husbands in the exhibition, drawn in a cart: there
her former husband lies in a coffin, and the widow is represented
by a living person, who sits near it. The house is mobbed by the
people of the town, vociferating and shouting with loud acclaim ;
hundreds are seen on horseback ; many in disguise dresses and
masks ; and all have some kind of discordant and noisy music, such
as old kettles, and shovels and tongs, and clanging metals can
strike out. Everybody looks waggish, merry, and pleased. Very
genteel men can be recognized in such a melee. All civil authority
and rule seems laid aside. This affair, as an extreme case, lasted
three entire days, and brought in crowds from the country. It
was made extreme because the second husband was an unpopular
man, of humble name, and she was supposed to have done un-
worthily. Their resistance to yield any homage to the mob caused
the exaction, and the whole sum was honorably given to the
orphans of the place. (At a later period Edward Livingston,
Esq., was sherri-rarried here; on which occasion the parties came
out promptly to the balcony and thanked the populace for their
attention, and invited them to walk into the courtyard and par-
take of some of their prepared cheer. The compliment was re-
ceived with acclamation and good wishes for many years of hap-
piness, and the throng dispersed, none of the genteel partaking
of any refreshment.) When a sherri-varrie is announced, it is
done by running cry through the streets, as we cry Fire ! fire ! and
then every man runs abroad, carrying along with him any kind
of clanging instrument, or any kind of grotesque mask or dress.
All this comes from an indisposition to allow two chances for hus-
bands, in a society where so few single ladies find even one husband.
1805] MANNERS AND CUSTOMS 29
The carnival commenced the 5th January, 1805 ; an occasion
of great processions and entertainments. From the 10th to the
13th of April is the Holy Week. The scourging of Christ, his
crucifixion and ascension, etc., are severally celebrated in the sev-
eral days. On Thursday, all the Catholics visit the several churches
to kiss the feet of Jesus (le bon dieu). He appears sitting,
bruised, grievous, and crowned with thorns. Some kissed with
great devotion, and remained long on their knees. The lower class,
the negroes, mulattoes, etc., sit and kneel in the aisles on the
pavements, etc. Mothers bring their infants ; some cry and oc-
casion other disturbances ; some are seen counting their beads with
much attention, and remain long on their knees ; some are running
over their " Ave Marias " ; others of less devotion are seen whis-
pering, and smiling, and careless. On Monday (the day of
Ascension) the priests, with the host and an altar, issue from the
cathedral and go round the Place d'armes in solemn procession,
chanting, crossing, and smoking frankincense. As the host is held
on high, the people fall down and worship in the street ; all walk
uncovered. Each side of the pass is decorated with green boughs.
The ladies, too, threw flowers from their balconies upon the altar
as it was borne along below them.
The ladies are beautiful in person, gestures, and action ; all are
brunettes; few are blue-eyed or light-haired; none have color in
their cheeks, but none look unhealthy. Young ladies do not dare
to ride out or appear abroad with young gentlemen ; but ladies
frequently ride abroad in a chair (volante), managing the horse
themselves. Their volante carriages are very ugly. Often they
drive mules, and sometimes horses and mules are driven three or
four abreast. They usually drive in gallops; no trotting is seen.
Ladies all dress their own hair without curls or ornaments. Girls
are never forward or garrulous in conversation ; they are all re-
tired and modest in their deportment, and very mild and amiable.
I have never seen a presumptuous, talkative rattlecup or hoyden
here. The ladies appear seldom abroad before the evening; then
they sit at their doors or walk on the levee.
30 A HISTORY OF LOUISIANA [isos
Two miles back from the town is a place called the Bayou (the
creek), which is the head of a creek coming from the lake. There
is there a good collection of houses and a place of public entertain-
ment called the Tivoli (a new affair), at which is a ball once a
week. Parties descend the creek to the lake to fish and bathe.
There the water is salt. Crossing the lake is a pleasing and com-
mon excursion ; it looks and feels much like going to sea. Many
vessels come from Pensacola and other places into this Bayou St.
John.
Houses in New Orleans have a pretty appearance and display
much taste. They have no trees to shade them; fig and orange
trees are too low and small for shade. People generally live up-
stairs in the large houses, and rent the place of entrance, window
lights, and everything; many houses have no glass lights.
The goods here are drawn in carts with very high wheels,
which are never tired nor the axles ironed. They make much
squeaking, and were so formerly ordered by the Spanish govern-
ment to prevent smuggling.
There are still here man}7 Spanish officers ; they are not genteel
in their appearance, or well clad ; indeed, they seem to have no
military taste. There is one, a captain, who is said to be much
like Washington, and because he has been told of it he takes
care to keep his uniform, etc. When they go to church they all
assemble at the Marquis de Casa-Calvo's, and go thence in pro-
cession. The Marquis has his own guard regularly on duty at
his door. In passing the American guard at the town-house, next
the church, it is put under arms, and they and the drums salute
the Spanish officers. The same attention is paid by our guard
when the host passes a funeral, with this difference, that in the
latter case the guard ranges without arms and with their hats
or caps off and in hand.
None of the streets have pavements ; and after a rain the black,
loamy, greasy state of the earth might make it easy enough of
sleighing! It is wholly alluvial, without grit or stones. On such
occasions we all walk on the long line of single logs, set at the
1805] MANNERS AND CUSTOMS 31
line of the footway as the water-sewer. There is some fun in
contending for this single walk in wet days.
Few persons swim in the Mississippi. Grown people bathe at
home; children bathe themselves back of the town, in the flat
ditches. Alligators occupy the river and scare men off.
Vegetables are very cheap and plenty. Few persons milk cows,
although cattle are plenty and cheap. Horses here are very small
and spirited; they live chiefly on corn-blades, brought every day
to market in bundles for six cents.
Shrimps are much eaten here ; also a dish called gumbo. This
last is made of every eatable substance, and especially of those
shrimps which can be caught at any time, at the riverside, by a
small net. Cheap food and quickly had !
All the water drunk and used for washing is brought from the
river. It costs eighteen and three fourths cents for drawing a
hogshead ; the water underground is only useful in cleaning floors,
etc. The levee was formerly shaded with willow and orange trees.
There are now but few of them left.
The French, Spanish, and Americans here keep very separate
society. The Americans congregate much together, and the
French, except in business, keep much aloof; but I enter into
society freely among them, and find them very friendly and
agreeable.
The most of the ornamental part of female attire is made by
themselves, always very neat and tasteful. They have a con-
spicuous hair jewel, or breast or waist buckle of gold, or rich
beads, ornaments which last for life. They at no time wear caps,
turbans, or bonnets. No bonnets are ever seen, even in the streets.
They cover their hair with a graceful veil.
The following curious advertisement is the only one re-
ferring to art, if it may be called so, to be found in the
" Louisiana Gazette " from July 31, 1804, to October 21,
1806:
32 A HISTORY OF LOUISIANA [isoa
Physionomitrace for taking profile likenesses. — I. Hopkins has
the honor of informing the Ladies and Gentlemen of this city that
he will cut four complete likenesses for four bits, and will attend
at any person's house, if sent for at his lodgings in Bienville
Street, No. 7. As he has practised this employment with great
applause, he hopes to be able to give general satisfaction to all
who may please to favor him with their custom.
The miniature-painters whom we saw in New Orleans
in 1802 and 1803 must have been ruined in 1805 by their
formidable rival, the artist in physionomitrace.
CHAPTER II
The Territory of Orleans
Memorial of the inhabitants of Louisiana presented to Congress— A new
form of government for the Territory of Orleans— Claiborne again ap-
pointed governor— The first representatives elected by the people-
Patriotism of the new Americans— Dissolution of the Legislative Council
— Motives of discontent of the members— Claiborne's judicious reply —
Insurrection in New Feliciana against Spain— Dispute about the frontier
line — Conciliatory policy of Jefferson — Wilkinson goes to Sabine River —
Aaron Burr's plot — Wilkinson's arbitrary measures in New Orleans — Later
career of the conspirators— Foundation of Donaldson ville— Acts of the
Legislature — About education — Apprentices and indentured servants —
Slaves— Free people of color— the Black Code— The Civil Code— Pike's
expedition.
N his fourth annual message to Con-
gress, November 8, 1804, President
Jefferson referred to the Territory
of Orleans and said: " The form of
government thus provided having
been considered but as temporary,
and open to such future improve-
ments as further information of the circumstances of our
brethren there might suggest, it will of course be subject
to your consideration." On November 12, in the House
of Representatives, it was resolved that this part of the
President's message be referred to a select committee,
and on December 3 Joseph H. Nicholson of Mary-
land presented to the House a memorial from the inhabi-
33
34 A HISTORY OF LOUISIANA [isw
tants of Louisiana, said to have been signed by two thou-
sand heads of families. " They labored under an idea
that their morals, manners, and customs had been misun-
derstood, and consequently complained of, and that the
law of last session was passed by Congress under those
mistaken impressions." They prayed to be allowed to
be their own legislators, that the Territory be not divided,
and that importation of slaves be not prohibited. The
memorial was referred to the same committee on Loui-
siana government just mentioned, and on January 25,
1805, John Randolph of Virginia made a report, which
in the main was favorable to the requests of the inhabi-
tants of Louisiana. The report declared that the griev-
ances felt by the memorialists were based chiefly on their
interpretation of the third article of the treaty of cession,
concerning the incorporation* of the Territory into the
Union; "but," continued Randolph, "because the me-
morialists may have appreciated too highly the rights
which have been secured to them by the treaty of cession,
the claims of the people of Louisiana on the wisdom and
justice of Congress ought not (in the opinion of your
committee) to be thereby prejudiced." The committee
then submitted a resolution for extending to the inhabi-
tants of Louisiana the right of self-government.
The memorial to Congress had been written by Ed-
ward Livingston, and it was carried to Washington and
introduced by Pierre Derbigny, Pierre Sauve, and Jean
Noel Destrehan. These gentlemen displayed ability in
performing their difficult tasks, and in a communication
to the committee of the House they pleaded with skill
1805] NEW FORM OF GOVERNMENT 35
and courage the cause of the Louisianians. The subject
was taken up in the Senate also, and an act was passed
and approved March 2, 1805, further providing for the
government of the Territory of Orleans, as follows:
The President was authorized to establish a government
similar in all respects to that of the Mississippi Territory,
in conformity with the act of Congress of 1787. The
Legislature was composed of a House of Representa-
tives of twenty-five members elected for two years, and
a Legislative Council of five members appointed by the
President out of ten individuals nominated by the House
of Representatives. The period of service of the mem-
bers of the Legislative Council was five years. The gov-
ernor, secretary, and judges of the Superior Court were
to be appointed by the President, with the advice and
consent of the Senate — the governor for three years, the
secretary for four, and the judges during good behavior.
The inhabitants were authorized to form a State govern-
ment and were to be admitted into the Union, upon the
footing of the original States, as soon as the Territory
should have sixty thousand free inhabitants. " The peo-
ple of Louisiana," says Judge Martin, " complained that
in this form, as in the preceding, their lives and property
were in some degree at the disposal of a single individual,
from whose decision there was no appeal; the law de-
claring any one of the judges of the Superior Court a
quorum." 1
The President appointed Claiborne governor, Graham
secretary, and Prevost, Sprigg, and Matthews judges
of the Superior Court.
36 A HISTORY OF LOUISIANA [uos
On November 4, 1805, seventeen representatives met
at the City Hall. Governor Claiborne delivered an ad-
dress, and Destrehan was elected Speaker of the House.
The first representatives elected by the people of Louisi-
ana were: Orleans: J. B. Macarty, Hazeur de l'Orme,
Dominique Bouligny, John Watkins, James Carrick,
Robert Avart, Bore. German Coast: Destrehan, Andry.
Iberville : Joseph Le Blanc, Felix Renaud. Acadia : Jo-
seph Landry, William Conway. Lafourche: N. Verret,
H. S. Thibodaux. Pointe Coupee: Ebenezer Cooley,
S. Croizet. Opelousas: Louis Fonteneau, Luke Collins.
Attakapas: Sorrel, Duralde. Natchitoches: E. Prud-
homme. Concordia: Samuel S. Mahon. Ouachita:
Abraham Morehouse (resigned on November 8).
The following were the persons nominated by the
House, from whom the President was to choose the Legis-
lative Council: Bellechasse, Gurley, Macarty, Derbigny,
Destrehan, Sauve, Bouligny, Villere, Evan Jones, and
D'Ennemours. The President selected Bellechasse, Des-
trehan, Macarty, Sauve, and Jones.
On February 22, 1806, Washington's birthday was
celebrated with great pomp. " The old and new Ameri-
cans vied with each other in the discharge of their duty
on the parade, — all, animated by the same spirit, per-
formed every evolution with wonderful celerity and cor-
rectness." The Battalion of Orleans was reviewed by
Governor Williams, of Mississippi Territory ; and the day
closed with a brilliant ball. The people of the Territory
and the members of the Legislature took advantage of
every opportunity to express their sentiments of patriot-
i806j DISAGREEMENT 37
ism as American citizens. At the meeting of the Legis-
ture in March, 1806, Claiborne's message was answered
very appropriately by the Legislative Council through
Destrehan, its president, and by the House through John
Watkins, its Speaker. This era of good feeling, how-
ever, was not of long duration, for on May 26, 1806, the
Legislative Council adopted the following resolution:
Whereas, the most essential and salutary measures adopted by
this Legislature have been successively rejected by the Governor
of the Territory; and whereas this Legislature, the members of
which had been induced to accept their appointments only by the
hope of being useful to their fellow-citizens, must now be con-
vinced that they can do nothing but cause them a considerable ex-
pense: Resolved, that the General Assembly be immediately
dissolved.
The members of the Legislative Council gave a long
explanation of their motives and said :
In this situation of things, the Legislative Council had a right
to think it would be wise to terminate an expensive and useless
session. The executive power has doubtless an absolute veto with
respect to the particular constitution to be applied to this Terri-
tory ; but if by means of this veto his will and only his will, is to
be our supreme law, let him reign alone and without disguise.
The Legislative Council should not consent to serve as a rattle
to amuse the people.
May 28, 1806. Signed: P. Sauve, President Legislative Coun-
cil, J. B. Macarty, J. D. Bellechasse.
The following members of the House of Representa-
tives were of the same opinion as the Legislative Council :
38 A HISTORY OF LOUISIANA [isoe
J. Etienne Bore, D. Bouligny, J. Arnaud, M. Andry,
F. Bernard, J. Sorrel, Prudhomme, Isaac Hebert, Ha-
zeur de l'Orme, Joseph Landry.
The president of the Legislative Council and the
Speaker of the House waited on the governor to inform
him of the intention to adjourn, and Claiborne replied
very frankly to their communication:
I have no objection to offer to the proposed adjournment. Will
you be good enough to express to your respective houses my fond
hopes that the laws which have been enacted may conduce to the
prosperity of the Territory, and to assure them that, as far as
may depend on my cooperation, nothing shall be wanting to carry
them into effect. It ought not to be a matter of surprise that a
difference in opinion should sometimes have arisen among the sev-
eral branches of the Legislature ; while men are left free to think
and act for themselves, an unison in sentiments cannot always be
expected; nor ought it to be supposed that in a government like
ours, composed of departments, and each independent of the other,
the same political course should meet the sanction of all. If,
therefore, on some occasions, the executive did not approve the
proceedings of the two houses, all that can with truth be said is,
that our object was the same, but we differed as to the means of
promoting the general welfare. A Territorial Governor, if faith-
ful to himself and his country, can alone be influenced by the
purest motives of honest patriotism, and in exercising the powers
with which he is intrusted his own judgment is his only guide.
This reply of Claiborne proves his sincerity and
courage, and appears to have produced a certain effect
on the members of the House, who " departed apparently
with harmony." 2 The patriotic spirit of the inhabitants
was not diminished by the disagreement between the
1806] PATRIOTIC CELEBRATION 39
governor and the Legislature, for the Fourth of July was
celebrated in 1806 with great enthusiasm. There was a
salute from Fort Charles at sunrise and at noon. Sev-
eral " splendid and jovial dinners " were given; a play,
" Washington, or the Liberty of the New World," was
performed to a crowded audience at the theater, and there
was a " handsome ball " at the City Hall. The battalion
of New Orleans Volunteers was to have been reviewed in
the morning, according to some " very handsome " gen-
eral orders of the commander-in-chief. The volunteers
were expected to " repair with pride and pleasure to the
field of exercise," but when the day came the commander
himself did not repair there to review them. The bat-
talion, however, was paraded on the square by Major
Dubourg. A high mass and a Te Deum were sung both
at the convent and at the cathedral, notwithstanding a
dissension that had arisen between their respective clergy.
" His Excellency the Governor, always unwilling to give
offense to any party, politely held a candle at both cere-
monies." The Orleans Rangers gave a banquet at Bayou
St. John.
A few of the toasts of the Volunteers were as follows :
" The wooden walls of Old England. John Randolph
— a speedy reformation to him, if politically wrong.
May the flood never finish its rise till it drowns all the
enemies of America. May the Eagle of Liberty fly over
the heads of slavery and pick off crowned heads."
Although the United States claimed West Florida
as far as the Perdido River, by the treaty of cession of
the province of Louisiana, Spain still remained in pos-
40 A HISTORY OF LOUISIANA [if**
session of the Baton Rouge district. The inhabitants
of the district, known then as New Feliciana,3 to the
number of about twelve hundred, wrere principally de-
scendants of the British colonists, or immigrants from
the United States. They were very much disappointed
at remaining under Spanish domination, and in 1805
about two hundred men endeavored to excite an insur-
rection against Spain. They did not succeed in the un-
dertaking, and the leaders of the movement had to seek a
refuge on American soil. Among the leaders were the
three Kemper brothers, who resided at Pinckneyville in
the Mississippi Territory. They were arrested at night,
on September 23, 1805, by armed men in disguise, taken
beyond the American frontier, and delivered by order of
Grandpre, Governor of Baton Rouge, to some Spanish
troops. Fortunately, as they were being conveyed down
the river, the whole party was discovered and captured at
Pointe Coupee by Lieutenant Wilson, of the American
army. The question of the eastern boundary of Louisiana
remained unsettled, although James Monroe had been
sent to Spain to open a negotiation about the Floridas.
The frontier line on the west between Louisiana and
the Spanish possessions was also a subject of dispute.
The Spaniards claimed the country west of Natchitoches,
and in the beginning of 1806 troops were sent to the town
of Adaes, fourteen miles west of Natchitoches, to estab-
lish a post there, and a considerable force under Don An-
tonio Cordero, Governor of Texas, advanced from Trin-
ity River to the town of Nacogdoches. On January 24,
1806, Major Porter, commandant of the post at Natchi-
1906] THE WESTERN BOUNDARY 41
toches, sent word to the commander at Nacogdoches that
he would protect the American citizens in the Territory
of Orleans as far as Sabine River. The Spanish com-
mander replied that it was not intended to encroach on
American territory, but that he would patrol the country
as far as the Arroyo Hondo, seven miles west of Natchi-
toches, which he considered the provisional boundary be-
tween the American and the Spanish possessions, as it had
been the conventional boundary between the French and
the Spanish possessions until 1762. He also assured the
people on the Bayou Pierre, about twenty miles from
Natchitoches, that the Red River would soon be the
boundary between the Spanish provinces and Louisiana.
Major Porter thereupon caused the Spanish garrison at
Adaes to be removed beyond Sabine River.
Jefferson had been very conciliatory with regard to the
Floridas and to the western boundary.4 " Why," says
Monette, " press the final adjustment of the western
boundary so long before the American population were
ready to take actual possession? ' In a message to Con-
gress, President Jefferson said: " On the Mobile our com-
merce passing through that river continues to be ob-
structed by arbitrary duties and vexatious searches.
Propositions for adjusting amicably the boundaries of
Louisiana have not been acceded to. While, however, the
right is unsettled, we have avoided any change in the state
of things by taking new posts, or strengthening ourselves
on the disputed territories, in the hope that the other
power would not, by a contrary course of conduct, oblige
us to meet the example and endanger conflicts of au-
42 A HISTORY OF LOUISIANA [isos
thority, the issue of which may not be easily controlled.
But in this hope we have now reason to lose our con-
fidence."
Hostilities were indeed on the point of breaking out
on the western frontier, and General Wilkinson was or-
dered to repel any invasion of the Territory of Orleans.
That invasion, according to the Americans, had already
taken place, as General Herrera, with twelve hundred
men, had taken a position on the Bayou Pierre settle-
ment.
In the mean time Governor Claiborne had been active
and had sent a portion of the militia to reinforce the gar-
rison at Natchitoches. Regular troops had also gone
there, and General Wilkinson had put New Orleans in
a state of defense and concentrated a considerable force
in that city and at Fort Adams.
General Wilkinson arrived at Natchitoches on Sep-
tember 24, 1806, and demanded the withdrawal of the
Spanish troops beyond Sabine River. General Herrera,
on the approach of the American army, had withdrawn
from Bayou Pierre. General Wilkinson marched to
Sabine River and established his headquarters on the left
bank. The Spaniards were on the other bank, and both
armies held their positions until November 6, 1806, when
an agreement was made between the American and Span-
ish commanders that their forces should be withdrawn,
and the settlement of the boundary question would be
referred to their respective governments. " This is the
first time," says Monette, " that the Sabine was ever con-
sidered as a limit of the Mexican province on the east."
1806] MORALES AND CAS A CALVO 43
Wilkinson had succeeded in his expedition, of which the
object was the withdrawal of the Spanish troops from the
limits of the Territory of Orleans. " Yet," adds Mo-
nette, " his troops retired indignantly from the Sabine,
many of them fully convinced that they had been robbed
of their anticipated laurels by the cupidity of their com-
mander, who had entered into dishonorable negotiations,
and that money, and not the sword, had terminated the
campaign." 5
The trouble with Spain about the western frontier
seemed to be settled by General Wilkinson's expedition.
The whole matter of the Spaniards in Louisiana had
given Claiborne great annoyance and even anxiety. The
Spanish troops, who were to leave the province within
three months, had lingered in New Orleans long after the
time specified. Our old acquaintance, Intendant Mo-
rales, had made numerous grants and sales of land in
West Florida, and the Marquis de Casa Calvo had de-
parted from New Orleans only on October 15, 1805. On
January 1, 1806, he had returned from Texas to Loui-
siana and had stopped at Natchitoches, where Major
Porter had received him with courtesy, but had refused
him admission into the fort. Finally, on January 25,
1806, Claiborne wrote to Morales: " I esteem it a duty to
remind you that the departure from the Territory of
yourself and the gentlemen attached to your department
will be expected in the course of the present month."
Morales was thus virtually expelled, and on February 1
he went to Pensacola. On February 4, 1806, Casa Calvo
arrived at New Orleans, and he also was asked to with-
44 A HISTORY OF LOUISIANA [ism
draw from the Territory with his officers on or before
February 15. Claiborne sent him a passport, February
12, with his best wishes for the health and happiness of
the " nobleman whose presence had become so unaccept-
able." Casa Calvo departed on the day fixed by Clai-
borne, but full of wrath and indignation. The Spanish
marquis was a pleasant man, and his personal relations
with Laussat and Claiborne had been courteous and
agreeable.
While at Natchitoches in October, 1806, General Wil-
kinson had received the visit of a secret emissary of Aaron
Burr, who had come to ascertain what were the feelings of
the general with regard to Burr's projects. Burr was a
man of great ability and energy, and was elected Vice-
President of the United States in 1801, after coming
very near defeating Jefferson for the Presidency. He
killed Alexander Hamilton in a duel in July, 1804, be-
came very unpopular in the North, and conceived the plan
of organizing a great confederacy in the valley of the
Mississippi, with himself for chief. Wilkinson intro-
duced him to several Western men, and to Derbigny, and
he was advised by them to begin again his political career,
some said in the West, and Derbigny suggested in the
Territory of Orleans. After passing through the West,
and meeting Blennerhassett and his wife on their island
in the Ohio, Burr was received with admiration by An-
drew Jackson at Nashville, stayed four days with Wil-
kinson at Fort Massac, and arrived at New Orleans on
June 26, 1805.
Wilkinson " had fitted out for him an elegant barge,
1806] AARON BURR 45
sails, colors, and ten oars, with a sergeant and ten able,
faithful hands," 8 and had written to Daniel Clark that
" that great and honorable man would communicate to
him many things improper to letter, and which he would
not say to any other." Burr was received " with polite
attention," wrote Claiborne to Madison, and remained
in the city ten or twelve days. He then went to St. Louis,
where he found Wilkinson greatly cooled. The general
had received no encouragement from his officers, whom he
had sounded on the subject of Burr's plans, and had
grown despondent. Therefore in October, 1806, at Nat-
chitoches, he had given evasive answers to Burr's emissary,
Swartwout. In the mean time the plot had been matur-
ing, and Blennerhassett entered heart and soul into it,
as did many other men all over the country. Boats were
building, and the Bastrop claim on Ouachita River in the
Orleans Territory, three hundred and fifty thousand
acres, was bought by Burr, as if he were merely at the
head of a great land company. In vain had Daviess,
United States District Attorney at Frankfort, Kentucky,
informed Jefferson that the old Spanish conspiracy of
1787 was being revived: the President had done nothing
except sending Graham, Secretary of Orleans Territory,
to the West to observe the movements of Burr. Daviess
had had him tried at Frankfort in November and De-
cember, 1806, but twice Burr had appeared before a jury,
with Henry Clay as his counsel, and had been trium-
phantly acquitted. It was his former ally, Wilkinson,
who finally denounced the plot to the President, on Oc-
tober 8, 1806. Wilkinson had received a letter from
46 A HISTORY OF LOUISIANA [isoe
Burr, in which his plan was fully explained. " Having
passed the night in deciphering the letter and reflecting
on it," says McM aster, " Wilkinson in the morning again
took that dark and crooked course he so well loved.
Drawing aside the colonel who commanded the troops, he
read the letter, and declared he would send word of the
plot to Jefferson and move the soldiers to New Orleans.
Yet he did not write for twelve days. He well knew that
the purpose of the expedition was to secure the indepen-
dence of Orleans, and that Burr was in command. Yet
in the letter he assured Jefferson that the expedition was
against Vera Cruz, and that he did not know who were the
leaders, nor what were their intentions regarding Or-
leans. He knew that the expedition was planned to
leave Kentucky on November 15. Yet he sent no word
to Fort Adams, nor to the authorities of Kentucky or
Tennessee." On receiving Wilkinson's despatches, Jef-
ferson issued a proclamation, November 27, 1806, in
which no mention was made of Burr, but notice was given
of an illegal conspiracy against Spain. " Orders were
despatched to every interesting point on the Ohio and
Mississippi, from Pittsburg to New Orleans, for the em-
ployment of such force, either of the regulars or the mi-
litia, and of such proceedings also of the civil authorities,
as might enable them to seize on all the boats and stores
provided for the enterprise, to arrest the persons con-
cerned, and to suppress effectually the further progress
of the enterprise." 7
Although the expedition was declared by the President
to be against the dominions of Spain, the representative
1806] AARON BURR 47
of that country in the United States was without any ap-
prehension, as he had been informed of the real purpose
of Burr, which was said to be the liberation of the West-
ern States. Whatever was the plot, it was destined to
fail. Graham, Jefferson's confidential agent, applied to
the Governor of Ohio, and the latter seized the boats and
provisions at Marietta. Blennerhassett and about thirty
of his associates escaped on December 10 and met Burr
at the mouth of the Cumberland River. The whole party,
to the number of one hundred men, went down the Ohio,
passed by Fort Massac, and proceeded on their way to-
ward New Orleans. At Bayou Pierre, in Mississippi
Territory, Burr landed, on January 10, 1807, and saw
published, in the " Moniteur de la Louisiane," his letter
to Wilkinson. He was greatly alarmed, and retired to
the other bank of the river. There he was induced to sur-
render on January 17, and was taken for trial to Wash-
ington, the capital of Mississippi Territory. He was
released on bail, fled from the Territory, and was finally
arrested on February 19, 1807, at Wakefield, Alabama.
After being detained three weeks at Fort Stoddart, he
was sent to Richmond, Virginia, where he was acquitted
after a most dramatic trial before Chief Justice Marshall.
After Wilkinson had received Burr's letter at Natchi-
toches in October, 1806, and had written to Jefferson
to inform him of the plot, he was fired by an intense zeal
to save New Orleans from the conspirators. He reached
the city on November 25, 1806, and took active measures
for its protection. On December 9 a meeting of the prin-
cipal inhabitants was held, and Wilkinson and Claiborne
48 A HISTORY OF LOUISIANA [i**
informed them of the dangers that threatened the city.
An embargo was laid on the ships in the river, so that
their crews might be employed on American vessels.
Claiborne placed the militia under Wilkinson's orders,
and the general acted in the most arbitrary manner. He
caused the arrest in New Orleans of Dr. Erich Bollman,
and at Fort Adams of Samuel Swartwout and Peter
Ogden, and refused to obey the writs of habeas corpus
of the Superior Court of Orleans. He sent Bollman and
Swartwout in merchant vessels out of the Territory, and
rearrested Ogden after he had been released by the court.
Judge Workman applied to Claiborne, who, instead of
supporting him, attempted to have the writ of habeas
corpus suspended by the Legislature. Workman then
resigned his office. He had written to Claiborne a dig-
nified letter in which, says Martin, he said " that, if cer-
tain of the governor's support, the judge should forth-
with punish, as the law directs, the contempt offered to
his court; on the other hand, should the governor not
think it practicable or proper to afford his aid, the court
and its officers would no longer remain exposed to the
contempt or insults of a man whom they were unable to
punish or resist." Judge Workman was himself ar-
rested by order of Wilkinson, but was liberated the next
day on a writ of habeas corpus from the District Court
of the United States. General Adair, of Kentucky, was
also arrested in New Orleans by Wilkinson and shipped
away north. Several other persons shared his fate.
The later career of the conspirators was generally
very unsuccessful. " Of the men who went down the
1806] ACTS OF THE LEGISLATURE 49
Mississippi with Burr," says McMaster, " few ever came
back. The rest wandered over the Mississippi Territory,
and, it is said, supplied the people for years to come with
traveling doctors, small politicians, teachers of music, and,
what was needed vastly more, teachers of schools. To the
last, Wilkinson continued to pose as an honest man, was
protected and honored by Jefferson, was thanked by the
Legislature of Georgia for betraying Burr, was acquitted
by a packed court of inquiry, and has left behind him,
in justification of his life and deeds, three ponderous vol-
umes of memoirs as false as any yet written by man." s
In the year 1806, during which took place Burr's en-
terprise, Daniel Clark, Wilkinson's enemy and accuser,
was elected delegate to Congress for the Territory of
Orleans. It took then thirteen days and seven hours for
mail to arrive from Washington to New Orleans via
Fort Stoddart. _*
i
In 1806 William Donaldson founLsd the town of Don-
aldsonville at the mouth of Bayou Lafourche.9
In the first session of the first Legislature of the Ter-
ritory of Orleans, begun on January 25, 1806, John Wat-
kins was Speaker of the House of Representatives, and
Jean Noel Destrehan was president of the Legislative
Council until May 22, 1806, and Pierre Sauve from that
date to June 7, 1806.10
The sheriff of each county was ordered to call an as-
sembly of the fathers of families, who should elect five
commissioners, whose duty was to adopt a plan for es-
tablishing public free schools at the expense of the county,
and to report said plan to the Legislature, through the
50 A HISTORY, OF LOUISIANA [isoe
representatives of the count}7, at the beginning of the
next session. The regents of the University of Orleans
should make a like report for the county of Orleans. An
act for establishing the age of majority at twenty-one
years instead of twenty-five was passed. Also an act
for allowing compensation to the members of the Legis-
lature and to the officers of both houses. Each member
of the Legislative Council and each member of the
House of Representatives was entitled to receive four
dollars for every day he attended, and six dollars for
every twenty miles of the estimated distance from his
place of residence to and from the seat of the Legislature.
The secretary of the Legislative Council, who was also
translator to the Council, and the clerk of the House of
Representatives, who was interpreter and translator to
the House, received each a salary of two thousand dol-
lars.
Every innkeeper was required to set up a sign with his
name, and also a fair table of rates, to be certified gratis
every six months by a judge or justice of the peace. A
penalty of twenty dollars was imposed for selling liquors
to an Indian, or to a slave without permission of the mas-
ter, or to a soldier without permission of one of his officers.
With regard to apprentices and indentured servants,
several regulations were made, giving the form of inden-
tures, stating the duties of masters and servants, and
ordering that apprentices or bound servants absconding
should be subject to serve two days for every one that
they were absent, or pay damages. Where there were
schools, the apprentices or bound servants were to be
1806] ACTS OF THE LEGISLATURE 51
taught to read and write and the elements of arith-
metic.
No person holding any office of profit under the terri-
tory of the United States, except in the militia service
and the office of justice of the peace, should be a member
of the Legislature.
Persons encouraging slaves to insurrection should suf-
fer death. Persons transporting slaves out of the Ter-
ritory, without consent of the owners, should be fined
in a sum not exceeding two thousand dollars and not less
than one thousand dollars.
No free men of color from Hispaniola were to be ad-
mitted into the Territory. Every man or woman of
color from Hispaniola then residing in the Territory,
pretending to be free, must prove the fact before the
mayor of a city or a justice of the peace; otherwise the
said man or woman would be considered a fugitive slave
and employed at the public works.
The Black Code was the most important act passed at
the first session of the Legislature. It was somewhat like
the code of the French domination, but more humane in
its regulations.
James Brown and Moreau Lislet were employed to
prepare a civil code, and were to receive each as compen-
sation eight hundred dollars a year for five years. The
second session of the first Legislature of the Territory
of Orleans was begun on January 12, 1807, and con-
tinued until April 14. John Watkins was Speaker of the
House of Representatives, and Julien Poydras was
president of the Legislative Council. Among the acts
52 A HISTORY OF LOUISIANA [isot
passed were the following: To fix the number of mem-
bers of the House of Representatives at twenty-five; to
abolish the county court and establish in each parish a
court of which the judge should be ex-officio judge of
probate and act as clerk, sheriff, and notary; to divide the
Territory into nineteen parishes; to authorize and direct
the directors of the lottery established for school purposes
to reimburse the moneys paid by the persons who had
taken tickets in said lottery ; to pay two thousand dollars
to each of the two jurisconsults appointed to prepare a
civil code, in full compensation for their services.
On July 1, 1807, Lieutenant Zebulon M. Pike arrived
at Natchitoches from his exploring expedition to the
West. He had gone as far as the Rocky Mountains, and
had been arrested in his progress by the Spaniards. He
had been accompanied by Lieutenant Wilkinson, son of
the general. By the middle of the nineteenth century the
territory of the United States was to extend from the
Atlantic Ocean to the Pacific. The acquisition of Loui-
siana in 1803 had rendered possible the extension of the
United States beyond the Rocky Mountains.
CHAPTER III
Preparing for Statehood
Edward Livingston and the Batture -Digest of the civil laws - Immigrants
from Santo Domingo leave Cuba for New Orleans - Great mortality among
the troops in Louisiana -Patriotic letter of the City Council to President
Madison— Revolution in West Florida— A convention called— Preamble
to a plan of a constitution— Capture of the Baton Rouge fort -Declaration
of independence of West Florida— Claiborne ordered to take possession
of West Florida -Debates in the Senate- Speech of Henry Clay— Census
of 1810— Speeches of Josiah Quincy and of Poindexter in the House-Bill
admitting the Territory as a State— Revolt of slaves in 1811— Constitu-
tional Convention of 1811— Louisiana admitted into the Union in 1812—
Arrival of the first steamboat— The first officials of the State.
ARDLY had the excitement subsided
in New Orleans after the Burr inci-
dent when the city was again thrown
into confusion in 1807 by the Batture
affair. The property of the Jesuits
in Louisiana had been seized in 1763
and sold for the benefit of the Crown
of France, as the Spaniards had not yet taken possession
of the colony. That part of the plantation of the Jesuits
in the vicinity of the city passed by regular conveyance to
Bertrand Gravier, by whom it was cultivated as a farm.
Parts of that farm were laid out into lots, which formed
later the suburb St. Mary. An alluvial land or batture
had been forming for some time in front of Gravier's
53
54 A HISTORY OF LOUISIANA [isor
farm and of the suburb St. Mary, but, as it was not con-
siderable, the land was unimproved and the inhabitants of
New Orleans were allowed to take sand and earth from it.
On his arrival in the city in 1804, says Edward Living-
ston,1 the batture in front of the suburb had become an
object of consequence and promised to be extremely valu-
able. The proprietor at that time, John Gravier, opposed
the claim of the city corporation that the inhabitants had
the right to use the land as f ormerljr. The Superior Court
of the Territory rendered a judgment in favor of John
Gravier, declaring that the tract of land of Bertrand
Gravier was bounded by the Mississippi, and that he had
sold the lots fronting and adjoining the highway. As the
alluvion had already existed at the time of the latter sale,
the court decided that Bertrand Gravier had not divested
himself of his title to the batture, and that his heir, John
Gravier, was the lawful owner of it. Livingston says
that after the decision he purchased from Mr. Gravier,
from the heirs of M. Delabigarre, and from Mr. Girod a
portion of this land, for about eighty thousand dollars,
and paid a considerable sum on the purchase. As soon as
the court had rendered its judgment the popular resent-
ment became very great, and, says Livingston, " the peo-
ple were taught to look to a foreign power for the justice
which it was said was denied them by their country." To
prove this statement, Livingston quotes the following cu-
rious extract from the " Telegraphe ":
Should there be no other remedy, if it can be proved that the
batture belonged to the city previously to the cession, I have no
doubt but that the minister of His Imperial and Royal Majesty
1807] THE BATTURE AFFAIR 55
will think it his duty to lay the affair before the Emperor, if his
general instructions do not authorize the minister's immediate ap-
plication to the American Government in behalf of the Loui-
sianians. It is well known that Napoleon will think himself bound
in justice and honor to see that the treaty of cession be not vio-
lated. The Emperor of the French did not cede his subjects to
be devoured by the harpies of chicane. That Alexander knows
how to cut the Gordian knot of iniquity.
Livingston endeavored to make improvements on the
land, but the citizens, whom he calls a mob, drove off his
workmen, and assembled every day to prevent the use of
the property by him. The governor was absent from the
city, and when he returned on September 1, 1807, Liv-
ingston applied to him for protection, and the City Coun-
cil requested him to prosecute the claim of the United
States to the batture. On September 15 matters came to
a crisis. At noon about a dozen white laborers were put to
work on the batture. Immediately several hundred citi-
zens assembled, roused by the beating of a drum, and Clai-
borne, having been informed of the disturbance, went to
the spot and addressed the crowd. Colonel Macarty and
Colonel Bellechasse and other men spoke in favor of the
rights of the people, and the citizens retired after decid-
ing to send Colonel Macarty as their agent to lay their
grievances before the President of the United States.
Livingston complains that Claiborne, in his address to the
people, expressed an opinion that the judgment of the
Superior Court was not conclusive. But as Livingston
was of a different opinion, he set one hundred and fifty
men at work on the batture and had spent thirteen thou-
56 A HISTORY OF LOUISIANA [isos
sand dollars on improvements by January 24, 1808, when
he received the intelligence that the President had ordered
the marshal of the United States to take possession of the
property. He says he obtained from the court an in-
junction restraining the marshal, but that the latter went
to the government house, and three regiments of militia
were ordered to parade in the streets to help the marshal.
Several hundred persons drove off the laborers from the
works, and when the river rose everything was swept away
bv the current.
Livingston was not discouraged by these events, and
went to see Jefferson to obtain justice from him. The
latter sent a message to Congress, March 7, 1808, about
the batture, and submitted to them the settlement of the
title. Nothing was done by Congress, and on his return
to New Orleans Livingston found persons carrying off
earth from the batture. He protested, but Mr. Grymes,
the district attorney, said: " I am willing that the citizens
shall continue to use the alluvion or batture, fronting the
suburb St. Mary, as they have hitherto done, until the
President of the United States shall forbid them." In
consequence of this permission, says Livingston, damage
to the extent of forty thousand dollars was done, and he
adds very pithily: " If this is really a demesne of the
United States, what can justify the deterioration of it to
that amount? Not the President's intention of bestowing
it on the city, for that yet wants the sanction of Congress,
nor can I think that they will give away five hundred
thousand dollars to provide the city of New Orleans
with mud, while they with difficulty appropriate a
1808] THE BATTURE AFFAIR 57
quarter of the sum to the defense of their most important
ports."
Livingston instituted a suit against Jefferson after the
latter had retired from the Presidency, and in an answer
to the ex-President he uses the following pungent words :
Mr. Jefferson did not like playing at push-pin, as he elegantly
terms it ; the forms of law were too slow to satisfy his eager desire
to do justice. There had been a commotion about the people, there
had been an open opposition to the execution of the laws ; and he
seems to have had a natural sympathy for those who were guilty
of it. Profaning the sacred exertions of our own Revolutionary
patriots by an assimilation with his own agency in the paltry
squabble, his imagination took fire at a striking similarity he dis-
covered between the judgment in the case of the batture and the
Massachusetts Port bill, between the opening of my canal and the
" occlusion " of the Boston harbor — he pants for the wreaths of
Hancock, Adams, and Otis — and he bravely determines to hurl all
the vengeance of the Government at the unprotected head of an
humble individual, who had nothing for his defence but the feeble
barriers of Constitution, Treaty, and Laws.2
This affair gave rise to prolonged litigation.
In March, 1808, Claiborne, at the request of the City
Council, caused Fort St. Louis, in New Orleans, to be de-
molished. The trenches surrounding it were thought to
engender disease.
On March 31 the Legislature adjourned; it had met in
January. Moreau Lislet and Brown had reported their
" Digest of the civil laws now in force in the Territory of
Orleans, with alterations and amendments adapted to the
present form of government." " Although the Napoleon
58 A HISTORY OF LOUISIANA [isos
code," says Judge Martin, " was promulgated in 1804,
no copy of it had as yet reached New Orleans: and the
gentlemen availed themselves of the project of that work,
the arrangement of which they adopted, and, mutatis
mutandis, literally transcribed a considerable portion of
it. Their conduct was certainly praiseworthy; for,
though the project is necessarily much more imperfect
than the code, it was far superior to anything that any
two individuals could have produced early enough to an-
swer the expectation of those who employed them. The
Fuero Viego, Fuero Juezgo, Partidas, Recopilaciones,
Leyes de las Indias, Autos Accordados, and Royal
Schedules remained parts of the written law of the Terri-
tory, when not repealed expressly or by a necessary im-
plication. Of these musty laws the copies were extremely
rare ; a complete collection of them was in the hands of no
one, and of very many of them not a single copy existed
in the province. To explain them Spanish commentators
were consulted, and the corpus juris civilis and its own
commentators were resorted to; and to eke out any defi-
ciency, the lawyers who came from France or Hispaniola
read Pothier, D Aguesseau, Dumoulin, etc."
" Courts of justice were furnished with interpreters of
the French, Spanish, and English languages ; these trans-
lated the evidence and the charge of the court, when neces-
sary, but not the arguments of the counsel. The case
was often opened in the English language, and then the
jurymen that did not understand the counsel had leave to
withdraw from the box into the gallery. The defense
being in French, they were recalled, and the indulgence
1808] SYSTEM OF LAWS 59
shown to them was enjoyed by their companions who were
strangers to that language. All went together into the
jury-room, each contending the argument he had listened
to was conclusive, and they finally agreed on a verdict in
the best manner they could."
The Digest prepared by Brown and Moreau Lislet was
known as the " Old Code." As it required amendment
after a few years, a committee was appointed to revise it.
This consisted of Edward Livingston, Pierre Derbigny,
and Moreau Lislet. " The ' Old Code ' revised and re-
modeled, called the ' Civil Code of Louisiana,' went into
operation in 1825. Its last article repeals all former laws
for which it provided, and an act of 1828 abolished the
Roman, French, and Spanish laws previously in existence,
and also ' all the articles contained in the old Civil Code,
and all the provisions of the same which are not reprinted
in the new Civil Code, except Chapter 3rd, title 10th.' "
" But the Supreme Court has decided that the Legisla-
ture in abolishing the French and Spanish laws, pre-
viously in existence, ' did not intend to abrogate those
principles of law which had been established or settled by
the decisions of courts of justice.' " Mr. Leovy, from
whom we have quoted this information, says very
prettily : 3
Our laws are a texture composed of the best materials from both
the English Common and the Roman Civil Law. Other States
and other nations have contented themselves with adopting, with-
out change or modification, either the one or the other of these
systems. Our plan is the interweaving of the two, the mingling
of both as the colors mingle in the rainbow, and so imperceptibly
60 A HISTORY OF LOUISIANA [i«»
that like the verge of the horizon and sea, none but the most
experienced eyes can discern the distinctive line between them.
In 1809 the relations between the United States and
Great Britain were such that war between the two coun-
tries seemed probable. Governor Claiborne sent a patri-
otic message to the Legislature, and received the follow-
ing reply: " Tell the Federal Government that the
Louisianians, proud to belong to the great family, are
ready to vie in zeal, in efforts, and in sacrifices for the de-
fense of their country." These were not idle words, as
was proved a few years later by the gallant behavior of
the Louisianians when they united their efforts with those
of men from other parts of the country to repel a foreign
invasion.
The Legislature elected Julien Poydras a delegate to
Congress, to succeed Daniel Clark. It adopted also a
memorial to Congress to ask for admission of the Terri-
tory into the Union. Claiborne was not of opinion that
the time had yet come for such a step, and said so in a
letter to the Secretary of State.
The invasion of Spain by Napoleon produced an unex-
pected effect on Louisiana in 1809. At the time of the
revolt of the negroes in Santo Domingo a considerable
number of the white inhabitants had gone to Cuba, with
some slaves, and free persons of color had also accom-
panied them. The irritation against the French in Cuba
on account of Napoleon's treatment of the Spanish royal
family was such that the immigrants from Santo Do-
mingo found life unbearable in Cuba. It was natural that
1809] IMMIGRANTS 61
they should look to Louisiana for a refuge. The popula-
tion of New Orleans was principally of French origin,
and the hospitality of the Creoles was well known. A
large number of immigrants arrived in the city be-
tween the 19th of May and the 18th of July, 1809:
fifty-seven hundred and ninety-seven individuals, of
whom eighteen hundred and twenty-eight were white,
nineteen hundred and seventy-eight free blacks or colored
persons, and nineteen hundred and ninety-one slaves.
There was opposition to the immigrants from a portion
of the population, the native Americans, and the governor
felt embarrassed, in his application of the laws, about ad-
mitting slave and free colored persons in the Territory.
Considering the unfortunate circumstances of the refu-
gees, the laws were not strictly enforced, and they were
permitted to reside in the Territory.
General Wilkinson, commander-in-chief of the Ameri-
can army, who had been acquitted in June, 1808, by a
court of inquiry, arrived in New Orleans in April, 1809.
He found in the city about two thousand men, and looked
for a favorable spot for an encampment. He chose an
elevated piece of ground at Terre-aux-Boeufs, and in
May sent his troops there. Disease spread among them,
and in June he received orders to remove to the highlands
near Fort Adams and Natchez. It took some time to
procure boats, and the troops began their journey up the
river on September 15. Their progress lasted forty-seven
days; during which, out of nine hundred and thirty-five
men who embarked, six hundred and thirty-eight were
sick and two hundred and fortv died. Out of fewer than
62 A HISTORY OF LOUISIANA [1809
two thousand men, seven hundred and sixty-four died and
one hundred and thirty-six deserted. This appalling loss
of life among the troops excited such a clamor against
General Wilkinson that he was called to the seat of gov-
ernment, and General Wade Hampton was sent to su-
persede him.
The following letter shows what were the sentiments of
the City Council of New Orleans in 1809: 4
To his Excellency James Madison, President of the United States.
Sir : With all that respect and esteem, which long and faithful
public services are calculated to inspire, the City Council of New
Orleans beg leave to approach you, and to tender their congratula-
tions on your elevation to the Presidency of the United States.
Under the guidance of your illustrious predecessor, we have seen
our Government conducted in safety, in times the most perilous;
and our country in the enjoyment of peace and plenty, while the
other nations of the earth, by the tyranny or weakness of their
rulers, have experienced the scourge of war, with all its concomi-
tant calamities. As one of the principal agents in that policy
we so much admire, we recognize the able statesman whom we now
have the honor to address, and his past conduct furnishes a guar-
antee that the interests of our common country could not have
been committed to an abler or a more virtuous citizen. We should
be wanting in gratitude were we not here to acknowledge the high
degree of prosperity which the Territory of Orleans, and this
city in particular, has attained, since our connection with the
United States. In population, agriculture, commerce, and the
mechanical arts, the increase and the improvement have been im-
mense ; nor are we at any loss for the cause. We owe it, Sir, to
the influence of a free Government, founded in wisdom, and ad-
ministered by great and good men. Under these impressions, Sir,
the City Council of New Orleans pray Almighty God to per-
1809] LETTER OF MADISON G3
petuate the American Union and that happy constitution which is
the pride and the boast of every faithful citizen.
That your valuable life may be preserved for the service of a
grateful country is our ardent wish.
We have the honor to be very respectfully, Sir,
Your most obedient humble servants,
Charles Trudeau, President.
M. Bourgeois, Clerk of the City Council.
Approved at New Orleans, June 10, 1809.
James Mather, Mayor.
President Madison answered as follows:
To the City Council of New Orleans : I have received, fel-
low-citizens, your act of June 10th with the sensibility due to the
kindness of its expressions towards me personally, and with all the
gratification which the just and patriotic view it takes of the
public welfare ought to inspire. The peace and plenty which
have distinguished our country, and the convulsions and calamities
forming the general character of the times, and under the per-
plexities resulting from our own affairs, claim for the policy
which has preserved those blessings the approbation you bestow
on it. Such marks of attachment to the solid interest of our
country, and of confidence in the public councils, are the more to
be valued as the trials imposed on us by foreign injustice have
not yet ceased; and as it is among those who are most averse to
war whilst it can be honorably avoided, that we are, at all times,
to look for the most unyielding support of the national rights,
when peace can no longer be preserved. I behold with the utmost
satisfaction the advantages which the Territory and city of New
Orleans have reaped from their incorporation with the United
States ; and especially that you are so fully sensible of the degree
in which they are the fruits of our free system of government, ad-
ministered in the spirit which belongs to it. The Nation into
whose bosom you have been received, must always rejoice at your
64 A HISTORY OF LOUISIANA [isio
prosperity, because it at once indicates and promotes the general
prosperity. Never was a connection more distinctly pointed out
by Nature herself ; nor can the reciprocal benefits of it ever cease,
whilst the laudable and enlightened sentiments which you proclaim
shall continue to pervade the great body of our fellow-citizens.
I tender you my sincere respects and my best wishes.
James Madison.
July 23, 1809.
We have seen that the people of West Florida had been
disappointed at remaining under the Spanish domination
after the cession of Louisiana to the United States in
1803. An attempt had been made in 1805 to throw off
the Spanish yoke, but had failed. In 1810 a revolution
broke out in West Florida, which resulted in the annexa-
tion of that province to the United States.
The Governor-General of the Floridas, Vincente
Folch, resided at Pensacola, and the Governor of West
Florida, Charles Dehault de Lassus, had his headquarters
at Baton Rouge. The revolutionary spirit in the Spanish
colonies in America, excited bv the overthrow of the
Bourbons by Xapoleon, was felt first in West Florida by
the people of New Feliciana. They wished a change in
the form of government, and issued a call for a conven-
tion. They elected delegates, and the other districts did
the same. De Lassus gave his consent to the call for a
convention, in spite of the advice of his young lieutenant,
Louis de Grandpre, son of Colonel Carlos de Grandpre,
the former Governor of Natchez and Baton Rouge, who
had died in 1809.5 The convention met on July 17, 1810,
at Buhler's Plains. The president was John Mills, and
1810] WEST FLORIDA 65
the secretary Dr. Steele. They deliberated two days,
adopted a preamble and a series of articles or plan of a
constitution, and appointed a committee to prepare an
address to the governor. The preamble is an interesting
document :
When the sovereignty or independence of a nation has been
destroyed by treachery or violence, the political ties which united
its different members are destroyed. Distant provinces, no longer
cherished or protected by the mother country, have a right to in-
stitute for themselves such forms of government as they think
conducive to their safety and happiness. The lawful sovereign
of Spain, together with his hereditary kingdom in Europe, hav-
ing fallen under the dominion of a foreign tyrant by means of
treachery and lawless power, right naturally devolves upon the
people of the different provinces of that kingdom, placed by
nature beyond the grasp of the usurper, to provide for their own
security. The allegiance which they owed and preserved with so
much fidelity to their lawful sovereign can never be transferred
to the destroyer of their country's independence.
We, therefore, the people of West Florida, exercising the rights
which incontestably devolve upon us, declare that we owe no alle-
giance to the present ruler of the French nation, or to any king,
prince, or sovereign, who may be placed by him on the throne of
Spain; and we will always, and by all means in our power, resist
any tyrannical usurpation over us of whatever kind, or by whom-
soever the same may be attempted; and in order more effectually
to preserve the domestic tranquillity and to secure for ourselves
the blessings of peace and the impartial administration of justice
we propose the following.
The convention at Buhler's Plains adjourned to meet at
Baton Rouge on August 22, 1810. The president of the
latter convention was John Rhea, and there were members
66 A HISTORY OF LOUISIANA [isio
from the districts of New Feliciana, St. Helena, Baton
Rouge, and St. Ferdinand. The sessions lasted from
August 22 to August 25, and several reforms were rec-
ommended, and officers were appointed to command the
militia and administer justice. Governor de Lassus ap-
proved all the suggestions; but on September 20, 1810,
Colonel Philemon Thomas, commanding the militia, dis-
covered that De Lassus had sent messages to Governor
Folch at Pensacola asking him for help to quell an insur-
rection against the Spanish authorities. On September
24 Colonel Thomas called to a secret council at Baton
Rouge John Rhea and some of the most important men
in the province, and it was decided by the convention to
declare the independence of West Florida and to capture
the fort at Baton Rouge. The following report of Colo-
nel Thomas gives an account of his expedition against the
fort : 6
Headquarters, Fort of Baton Rouge,
September 24, 1810.
To John Rhea, President of Convention of West Florida.
Sir : In obedience to the order of the Convention, bearing date
the 22nd inst., I directed Major Johnston to assemble such of
the cavalry as might be ready at hand, and march immediately
for the fort at Baton Rouge. I then proceeded to Springfield,
where I found forty-four of the grenadier company, commanded
by Colonel Bollinger, awaiting orders of the Convention. At one
o'clock in the morning of the 23rd we joined Major Johnston and
Captain Griffith with twenty-one of the Bayou Sara cavalry, and
five or six other patriotic gentlemen joined us in our march. At
four o'clock the same morning we made the attack. My orders
were, not to fire till we received a shot from the garrison, and to
1810] WEST FLORIDA 67
cry out in French and in English : " Ground your arms, and you
will not be hurt." This order was strictly attended to by the
volunteers till we received a discharge of musketry from the
guard-house, where the governor was, which was briskly returned
by the volunteers. We received no damage on our part. Of the
governor's troops, Lieutenant Louis de Grandpre was mortally
wounded; Lieutenant J. B. Metzinger, commandant of artillery,
was also wounded, one private killed and four badly wounded.
We took twenty prisoners, among whom is Colonel de Lassus.
The rest of the garrison escaped by flight. The magazines,
stores, etc., found in the garrison, have been reported to you by
James Nelson, Esq., who was appointed for that purpose. The
various and complicated duties devolving on me from present cir-
cumstances of the moment forbid a more minute detail. The firm-
ness and moderation of the volunteers who made the attack was
fully equal to that of the best disciplined troops. Whole com-
panies are daily flocking to our standard, and the harmony and
patriotism prevailing in the garrison must be highly gratifying to
every friend of his country.
Accept, Sir, for yourself and your body, assurances of my
highest esteem.
Philemon Thomas,
Commander of Fort of Baton Rouge and Dependencies?
The capture of the fort is said by some writers to have
been no honor to the victors, and the death of Grandpre is
called by them a murder. McMaster, in his " History of
the People of the United States," says: " Grandpre re-
fusing to surrender, the Americans stormed the works,
and, finding him standing, sword in hand, the solitary de-
fender of his flag, they basely cut him down at the foot
of the staff." Colonel Thomas relates the story very dif-
ferently in his report to the convention, and he was too
68 A HISTORY OF LOUISIANA [isio
brave and honorable a man for us not to believe his state-
ment of facts. He was illiterate, but was gifted with
excellent judgment. The epitaph on his tombstone in the
National Cemetery at Baton Rouge is as follows:
To the memory of General Philemon Thomas, who was born
in Orange County, Virginia, February 9, 1763, and died in Baton
Rouge, Louisiana, November 18, 1847. This tablet is erected by
his children. He was soldier of '76 and '14, and member of the
convention that framed the constitution of Kentucky, and a mem-
ber of her Legislature. He moved to Louisiana in 1806. Com-
manded the forces which captured the Spanish fort at Baton
Rouge in 1810. Served many years in the Legislature of Loui-
siana; was twice elected to the Congress of the United States.
Throughout his career he was called a patriot and a good citizen.
We know him to be a kind father and a firm Christian. Sic tibi
sit terra levis.
The death of Louis de Grandpre at the fort of Baton
Rouge was deeply regretted. The convention did homage
to his memory, and a French poet wrote a tribute that
ended thus :
In the midst of the regrets given to your memory,
One cannot help envying your death.
Model of honor, you will live in history
Between Jumonville and d'Assas.7
Grandpre was only twenty-three years old, and a romantic
love-story is connected with his death.
As soon as the convention heard of the capture of the
fort at Baton Rouge a declaration of independence was
proclaimed.8 It was dated September 26, 1810, and was
1810] WEST FLORIDA 69
signed by John Rhea, president of the convention, and
Andrew Steele, secretary. It declares that they remained
faithful to their King as long as there was a shadow of
legitimate authority to be exercised over them; that they
were betrayed by their governor and exposed to all the
evils of a state of anarchy ; and that it became their duty
to provide for their own safety. They, therefore, solemnly
published and declared the several districts composing the
Territory of West Florida to be a free and independent
State. John Rhea addressed a communication, through
Governor Holmes, of Mississippi Territory, on October
10, 1810, to Robert Smith, Secretary of State, offering
terms of annexation to the United States. The terms
were immediate admission into the Union as an indepen-
dent State or as a Territory of the United States, or an-
nexation to Orleans Territory, with full possession of
public lands, and a loan of one hundred thousand dollars.
An immediate answer was requested, otherwise the weak
situation of the people of West Florida would oblige
them to look to some foreign government for support.
The answer of President Madison was given without
delay. On October 27, 1810, he issued a proclamation in
which he declared that the United States had always con-
sidered the territory south of the Mississippi Territory
and eastward of the river Mississippi and extending to
the river Perdido as having been acquired as part of Loui-
siana in 1803, and that he deemed it right and expedient
that possession be taken of it. He therefore ordered Clai-
borne to take possession and to exercise the authority
appertaining to his office. The governor of the Territory
70 A HISTORY OF LOUISIANA [mo
of Orleans was at that time in Washington. He received
orders from the Secretary of State to go immediately, and
by the short route, to the town of Washington, in Mis-
sissippi Territory, make arrangements with Governor
Holmes and with the commanding officer of the regular
troops, and proceed to take possession of the territory
specified in the proclamation of the President. If oppo-
sition was made, he should ask for aid from the regular
troops on the Mississippi, and draw from Orleans and
Mississippi Territories militia in such numbers as he and
Governor Holmes might deem proper. He was not, how-
ever, to employ force against any particular place, how-
ever small, that remained in the possession of the Spanish.
Before Claiborne could enter West Florida the Inde-
pendent State party chose Fulwar Skipwith for gov-
ernor, and he was inaugurated on November 29, 1810. 9
The flag of the new State, adopted in September, was blue
with a silver star in the center. Skipwith and Philemon
Thomas tried to resist Claiborne's advance in the Terri-
tory, but the latter raised the flag of the United States
at St. Francisville and at Baton Rouge.10 At the latter
place the American flag was torn down, and the banner
of the new State was raised, and a conflict was avoided
only by the arrival of troops and of gunboats which
Claiborne had ordered to proceed to Baton Rouge. The
fort surrendered, and possession was taken of the whole
province in the name of the United States.
Meanwhile Reuben Kemper was sent by Thomas on an
expedition against the posts on the Gulf Coast. He
marched against Mobile, but was repelled. Governor
i8io] WEST FLORIDA 71
Folch, however, discouraged by the abandonment in which
he saw himself and by the situation to which the province
was reduced, on December 2, 1810, wrote a very extraor-
dinary letter from Mobile to Robert Smith, Secretary of
State, and offered to deliver the Floridas to the United
States, provided he did not receive succor from Havana
or Vera Cruz in December. He also supplicated for as-
sistance against Reuben Kemper. Folch's letter was com-
municated to Congress, in confidence, by the President,
and led to resolutions and to a bill, which were not pro-
mulgated until 1818.11 The President was authorized to
take possession of Florida east of the Perdido River, if
the local authorities were willing to give it up, or if any
foreign power attempted to occupy it.
The proclamation of the President annexing West
Florida to the Territory of Orleans gave rise, on Decem-
ber 28, 1810, to interesting debates in the Senate of the
United States. The whole history of Louisiana was re-
viewed to prove the validity of the title of the United
States to West Florida; and one of the speakers, Mr.
Horsey, of Delaware, declared that the proclamation of
the President was an unwarrantable assumption of power
and a violation of the Constitution. Henry Clay re-
plied to Mr. Horsey, and his speech was admirable.
He said :
I shall leave the honorable gentleman from Delaware to mourn
over the fortunes of the fallen Charles. I have no commiseration
for princes. My sympathies are reserved for the great mass of
mankind, and I own that the people of Spain have them most
sincerely.
72 A HISTORY OF LOUISIANA [mo
He declared that the United States had a perfect title to
West Florida; that a more propitious moment could
never present itself for the exercise of the discretionary
power placed in the President by the United States ; and
that the latter, had he failed to embrace it, would have
been criminally inattentive to the dearest interests of the
country. He added these words, which sound somewhat
like the famous Monroe Doctrine of later years:
If you reject the proffered boon, some other nation, profiting
by your errors, will seize the occasion to get a fatal footing in
your southern frontier. I have no hesitation in saying, that if
a parent country will not or cannot maintain its authority in a
colony adjacent to us, and there exists in it a state of misrule
and disorder, menacing our peace, and if, moreover, such colony
by passing into the hands of any other power, would become
dangerous to the integrity of the Union, and manifestly tend to
the subversion of our laws — we have a right, upon eternal princi-
ples of self-preservation, to lay hold of it. This principle alone,
independent of any title, would warrant our occupation of West
Florida.
By a census taken in 1810 by the marshal of the United
States, the population of Louisiana, exclusive of West
Florida, was as follows: 12 City and suburbs of New Or-
leans, 17,242; precincts of New Orleans, 7310; Plaque-
mines, 1549; St. Bernard, 1020; St. Charles, 3291; St.
John Baptist, 2990; St. James, 3955; Ascension, 2219;
Assumption, 2472; Lafourche, 1995; Iberville, 2679;
Baton Rouge, 1463; Pointe Coupee, 4539; Concordia,
2895; Ouachita, 1077; Rapides, 2200; Catahoula, 1164;
1811] DEBATES IN CONGRESS 73
Avoyelles, 1209; Natchitoches, 2870; Opelousas, 5048;
Attakapas, 7369; total, 76,556.
The population of the Territory of Orleans was more
than sixty thousand, and, as Poydras said in the House
of Representatives on January 2, 1811, " the Territory
had a right to become a State; and he could not see the
least pretence for an objection to it. Congress, however,
would act as in their wisdom they should deem it fit." 13
Some members of the House were not of Poydras's opin-
ion, and saw many objections to admitting the Territory
into the Union. The wisdom of some members of Con-
gress, in which Poydras trusted, seems to us at present to
have been small when we read the long debates in Janu-
ary, 1811, and especially the speech of Josiah Quincy of
Massachusetts. He used the following expressions, which
excited the greatest surprise and interest all over the
country : 14
There is a great rule of human conduct, which he who honestly
observes cannot err widely from the path of his sought duty. It
is, to be very scrupulous concerning the principles you select as the
tests of your rights and obligations ; to be very faithful in noticing
the result of their application ; and to be very fearless in tracing
and exposing their immediate effects and distant consequences.
Under the sanction of this rule of conduct, I am compelled to
declare it as my deliberate opinion that if this bill passes, the
bonds of this Union are virtually dissolved ; that the States which
compose it are free from their moral obligations; and that, as it
will be the right of all, so it will be the duty of some, to prepare
definitely for a separation — amicably if they can, violently if
they must.
74 A HISTORY OF LOUISIANA [isn
Mr. Quincy was here called to order by Mr. Poindexter, the
delegate from Mississippi Territory.
Mr. Quincy repeated and justified the remark he had made,
which, to save all misapprehension, he committed to writing, in
the following words : " If this bill passes, it is my deliberate
opinion that it is virtually a dissolution of the Union; that it
will free the States from their moral obligation; and, as it will
be the right of all, so it will be the duty of some, definitely to
prepare for a separation, amicably if they can, violently if they
must."
After some little confusion, Mr. Poindexter required the de-
cision of the Speaker whether it was consistent with the propriety
of debate to use such an expression. He said it was radically
wrong for any member to use arguments going to dissolve the
government and tumble this body itself to dust and ashes. It
would be found, from the gentleman's statement of his language,
that he had declared the right of any portion of the people to
separate.
Mr. Quincy wished the Speaker to decide, for, if the gentleman
was permitted to debate the question, he should lose one half of
his speech.
Mr. Poindexter said that, by the interruption given him, he
perceived the gallant jade winced. The question he wished to
propound to the chair was this: Whether it be competent in any
member of this House to invite any portion of the people to in-
surrection, and, of course, to a dissolution of the Union?
The Speaker decided that the last part of Mr. Quincy's ob-
servations was contrary to the order of debate. An appeal was
taken from the decision of the Speaker, and by a vote of fifty-six
to fifty-three it was not sustained by the House. Mr. Quincy
continued his speech, and maintained that the Constitution of the
United States was a political compact, which embraced only the
United States of America. He said that the preamble to the Con-
stitution declared, We, the people of the United States, for our-
1811] DEBATES IN CONGRESS 75
selves and our posterity, and he added that there can, certainly,
be nothing more obvious, than that from the general nature of the
instrument no power can result to diminish and give away to stran-
gers any portion of the rights of the original partners. . . . This
Constitution never was and never can be strained to lap over all
the wilderness of the West, without essentially affecting both the
rights and convenience of its real proprietors. It was never con-
structed to form a covering for the inhabitants of the Missouri
and the Red River country. And wherever it is attempted to be
stretched over them, it will rend asunder. . . . You have no
authority to throw the rights and liberties, and property, of this
people, into a " hotch pot " with the wild men on the Missouri,
nor with the mixed though more respectable race of Anglo-
Hispano-Gallo Americans who bask on the sands in the mouth
of the Mississippi. I make no objection to these from their want
of moral qualities or political light. The inhabitants of New
Orleans are, I suppose, like those of all other countries — some
good, some bad, some indifferent.
Mr. Quincy ended his speech with these words: The bill, if it
passes, is a death-blow to the Constitution. It may, afterward,
linger; but lingering, its fate will, at no very distant period, be
consummated.
Time has proved that the Hon. Josiah Quincy was but
a poor prophet. Mr. Poindexter, from Mississippi Ter-
ritory, answered Mr. Quincy's narrow-minded and selfish
address. He said that the United States, by the third ar-
ticle of the treaty of cession, took solemn engagements
to incorporate the inhabitants of the ceded territory into
the Union as soon as possible. He said further that
Aaron Burr " did not dare to go the lengths which the
gentleman from Massachusetts has been permitted to go
within these walls," and " had such expressions been es-
76 A HISTORY OF LOUISIANA [isn
tablished by the evidence on his trial, I hazard an opinion
that it would have produced a very different result. Per-
haps, Sir, instead of exile, he would have been consigned
to a gibbet. For it cannot be concealed that the language
of the gentleman from Massachusetts, if accompanied by
an overt act to carry the threat which it contains into exe-
cution, would amount to treason, according to its literal
and technical definition in the Constitution and laws of
the United States. The fate of Aaron Burr ought to be
a salutary warning against treasonable machinations —
and if others, having the same views, do not share a similar
fate, it will not be because they do not deserve it."
The debate between Quincy, of Massachusetts, and
Poindexter, of Mississippi, is one of the most curious in-
cidents in history, and illustrates admirably the irony of
fate, when we think of the great Civil War which was
caused by the attempted secession of the Southern States
from the Union.
The bill was passed, on January 14, 1811, by a vote of
seventy-seven yeas to thirty-six nays, and was approved
by the President on February 20, 1811. It provided: 15
That the inhabitants of all that part of the territory or country
ceded under the name of Louisiana, by the treaty made at Paris
on the 30th of April, 1803, between the United States and France,
contained within the following limits, that is to say, beginning at
the mouth of the river Sabine, thence by a line to be drawn along
the middle of the said river, including all islands, to the thirty-
second degree of latitude, thence due north to the northernmost
part of the thirty-third degree of north latitude; thence along
the said parallel of latitude to the river Mississippi ; thence down
1811] ACT OF CONGRESS 77
the said river to the river Iberville; and from thence along the
middle of the said river and Lakes Maurepas and Pontchartrain,
to the Gulf of Mexico; thence bounded by the said gulf to the
place of beginning; including all islands within three leagues of
the coast, be and they are hereby authorized to form for them-
selves a constitution and State government, and to assume such
name as they may deem proper, under the provisions hereinafter
mentioned.
The election for representatives to the convention was
to be held on the third Monday in September, 1811, and
the convention was to assemble in New Orleans on the
first Monday in November. It was to declare, in behalf
of the people of the Territory, that it adopts the Constitu-
tion of the United States; whereupon it was authorized
to form a constitution and State government, provided
the constitution to be formed " shall be republican and
consistent with the Constitution of the United States ; that
it shall contain the fundamental principles of civil and
religious liberty ; that it shall secure to the citizen the trial
by jury in all criminal cases, and the privilege of the writ
of habeas corpus, conformable to the provisions of the
Constitution of the United States ; and that after the ad-
mission of the said Territory of Orleans as a State into the
Union, the laws which such State may pass shall be pro-
mulgated, and its records of every description shall be
preserved, and its judicial and legislative written proceed-
ings conducted, in the language in which the laws and the
judicial and legislative written proceedings of the United
States are now published and conducted."
The waste and unappropriated lands were to remain at
78 A HISTORY OF LOUISIANA [isn
the sole and entire disposition of the United States ; every
tract of land sold by Congress was to be exempt from any
tax for the term of five years after the sale ; lands belong-
ing to citizens of the United States residing without the
State were never to be taxed higher than lands belonging
to persons residing therein; no taxes were to be imposed
on lands the property of the United States; "and the
river Mississippi and the navigable rivers and waters lead-
ing into the same or into the Gulf of Mexico, shall be
common highways and forever free, as well to the inhabi-
tants of the said State as to other citizens of the United
States, without any tax, duty, impost or toll therefor, im-
posed by the said State." Five per cent, of the net pro-
ceeds of the sales of the lands of the United States, after
the first day of January, was to be applied to laying out
and constructing public roads and levees in the State, as
the Legislature may direct.
In January, 1811, there was a revolt of the slaves on
a plantation in the parish of St. John the Baptist. Other
slaves joined them and to the number of about five
hundred they marched, divided into companies, along the
river toward New Orleans. They burned the houses of
four or five plantations, and might have committed great
excesses had they not been routed by the militia and by
United States troops. Sixty-six of the slaves were killed
in the action or were hanged immediately afterward, and
sixteen were sent for trial to the city. These were con-
victed and executed, and " their heads," says Judge
Martin, " were placed on high poles, above and below the
city, and along the river as far as the plantations on which
1812] THE STATE OF LOUISIANA 79
the revolt began, and on those on which they had com-
mitted devastation." The people of the Territory wished,
by this terrible warning, to protect themselves against the
repetition of the horrors of the revolt in Santo Domingo.
The convention met on November 4, 1811; it elected
F. J. Le Breton D'Orgenois temporary chairman, and
adjourned to November 18. It met again on that day,
and elected Julien Poydras president and Eligius
Fromentin secretary. It gave to the new State the
name of Louisiana,16 that name which the Territory
had lost for several vears, and which was to be as
glorious in the future under the American domination
as it had been in the past under the French and Spanish
dominations.
The Constitution was adopted on January 22, 1812.
Congress passed an act for the admission of the new State
into the Union, and the President approved the act on
April 8, 1812. It was declared, however, that the act
should not be in force before April 30, the ninth anniver-
sary of the treaty of cession. An act was also passed by
Congress and approved on April 14, 1812, enlarging the
limits of Louisiana by all that tract of country " begin-
ning at the junction of the Iberville with the river Missis-
sippi, thence along the middle of the Iberville, the river
Amite, and of the lakes Maurepas and Pontchartrain, to
the eastern mouth of the Pearl River ; thence up the east-
ern branch of Pearl River to the thirty-first degree of
latitude; thence along the said degree of latitude to the
river Mississippi; thence down the river to the place of
beginning." This was the greater part of the Territory
80 A HISTORY OF LOUISIANA [wis
of West Florida, which had proclaimed its independence
in 1810.
The following are the names of the members of the
convention that framed the first Constitution of the State
of Louisiana: Julien Poydras, president. Of the county
of Orleans, J. D. Degoutin Bellechasse, J. Blanque, F.
J. Le Breton D'Orgenois, Magloire Guichard, S. Hen-
derson, Denis de LaRonde, F. Livaudais, Bernard Ma-
rigny, Thomas Urquhart, Jacques Villere, John Watkins,
Samuel Winter. Of the county of German Coast, James
Brown, Jean Noel Destrehan, Alexandre La Branche.
Of the county of Acadia, Michel Cantrelle, J. M. Rey-
naud, G. Roussin. Of the county of Iberville, Aman
Hebert, William Wikoff, Jr. Of the county of Natchi-
toches, P. Boissier, J. Prudhomme. Of the county of
Lafourche, William Goforth, B. Hubbard, Jr., St. Mar-
tin, H. S. Thibodaux. Of the county of Pointe Coupee,
S. Hiriart. Of the county of Rapides, R. Hall, Thomas
F. Oliver, Levi Wells. Of the county of Concordia,
James Dunlap, David B. Morgan. Of the county of
Ouachita, Henry Bry. Of the county of Opelousas,
Allan B. Magruder, D. J. Sutton, John Thompson. Of
the county of Attakapas, Louis De Blanc, Henry John-
son, W. C. Maquille, Charles Olivier, Alexander Porter.
On January 10, 1812, Robert Fulton's New Orleans
arrived at the levee. It was the first boat propelled by
steam on the Mississippi, and it had taken two hundred
and fifty-nine hours to make the journey from Pittsburg.
An interesting book about Louisiana is Vincent Nolte's
" Fifty Years in Both Hemispheres." The author ar-
1812] VINCENT NOLTE 81
rived in New Orleans in 1806, and his descriptions of the
city and its inhabitants are amusing but not always trust-
worthy. He speaks of John McDonogh, and mentions a
fact not generally known about the benefactor of our
public schools. McDonogh, it seems, had read, in the
" Courrier des Etats-Unis," a novel, " Le Medecin du
Pecq," by Leon Gozlan, and was so charmed with it that
in his will he bequeathed to the author ten thousand dol-
lars, which were duly paid to Gozlan by the American
minister at Paris. Nolte did not stay long in New Or-
leans, on his first visit there ; but he returned to America
at the end of 1811. While on his way from Pittsburg to
New Orleans, on the Mississippi River, he felt at New
Madrid, on February 6, 1812, the shock of an earthquake.
He gives an admirable description of the Mississippi,
" foaming up like a boiling caldron, while the forest
trees came cracking and thundering down." He says
that at New Orleans " the earthquake had not been
any further perceptible, than that the chandeliers in the
ball-room had all at once been observed to rock from side
to side, and that a number of ladies had felt quite ill, while
others instantly fainted." On arriving in New Orleans
Nolte found that the city was much improved, and he
says: " Its old original inhabitants, of French and Span-
ish origin, had always shown a certain openness, good
faith and sincerity in their mercantile intercourse." The
witty and sarcastic merchant got into endless difficulties
in the city, and had to fight two duels. He took part in
the campaign against the English.
The first officials of the new State of Louisiana were :
82 A HISTORY OF LOUISIANA [ww
Claiborne, governor; Julien Poydras, president of the
Senate; P. B. St. Martin, Speaker of the House of Rep-
resentatives; J. Montegut, treasurer; L. B. Macarty,
secretary of state; Thomas Boiling Robertson, represen-
tative in Congress; Allan B. Magruder and Jean Xoel
Destrehan, United States senators; Hall, Mathews, and
Derbigny, judges of the Supreme Court.17 Destrehan
resigned before taking his seat in the Senate, and Thomas
Posey was appointed in his place by Governor Claiborne.
The first presidential electors were Julien Poydras,
Stephen A. Hopkins, and Philemon Thomas.
CHAPTER IV
Invasion by the British
Preparations for war with Great Britain— General Wilkinson constructs Fort
Bowyer— Claiborne's proclamation about the Baratarians — Jean and Pierre
Lafitte— Reward for Jean Lafitte's capture — His response— Claiborne's
letter to Jackson— Lafitte sends to the Americans the papers received from
the British— The establishment at Barataria destroyed— The British attack
Fort Bowyer and are repelled — Proclamation of General Jackson to the
Louisianians— Jackson captures Pensacola— Battle of Lake Borgne— Re-
fusal of the Legislature to suspend the writ of habeas corpus— Martial
law — Jackson's address to the troops— Bayou Bienvenu— The British ar-
rive at Villere plantation.
ONGRESS declared war against
Great Britain on June 18, 1812, and
Governor Claiborne, in his inaugural
message to the Legislature, recom-
mended an effective organization of
the militia. He made whatever prep-
aration he could for the defense of
the State against depredations of the Indians and an in-
vasion by the British, and in 1813 he visited St. Tam-
many, Baton Rouge, Lafourche, Attakapas, Opelousas,
and Natchitoches. At the latter place he addressed the
great chief of the Caddo Indians.
General Wilkinson, who had been tried a second time
and acquitted by a court martial, had returned to New
Orleans in 1812. In February, 1813, the President was
83
84 A HISTORY OF LOUISIANA [wis
authorized by Congress to occupy that part of West
Florida, west of the Perdido, of which the United States
had not yet taken possession. General Wilkinson
marched against Fort Charlotte at Mobile, and captured
it on April 13, 1813. The fort had been in the possession
of the Spaniards ever since its capture from the British
by the heroic Galvez in 1780. Wilkinson erected Fort
Bowyer on Mobile Point, and soon afterward was called
from New Orleans to the frontier of Canada. From
that moment his name ceases to be connected with the
history of Louisiana, in which it occupies a very impor-
tant place. General Flournoy was sent to replace General
Wilkinson as commander of the troops on the Mississippi.
On March 15, 1813, Governor Claiborne issued a proc-
lamation about a number of " banditti " who, upon or
near the shores of Lake Barataria, had " armed and
equipped several vessels for the avowed purpose of cruis-
ing on the high seas, and committing depredations and
piracies on the vessels of nations in peace with the United
States, and carrying on an illicit trade in goods, wares,
and merchandise with the inhabitants of the State." The
governor commanded them to disperse and separate, and
said that no man could partake of an " ill-gotten trea-
sure ': " without being forever dishonored and exposing
himself to the severest punishment." Claiborne's procla-
mation had no effect in stopping the smuggling that was
going on at Barataria, for some of the most respectable
inhabitants of Louisiana bought goods openly from the
Baratarian traders. The latter have often been called
pirates, but they were not properly so. They were pri-
X
18131 BARATARIA 85
vateers sailing under commissions from Cartagena or
from France. The islands of Guadeloupe and Marti-
nique were captured by the British in 1806, and Colonel
Pakenham greatly distinguished himself in this expedi-
tion.1 Colombia, at about that time, declared her inde-
pendence of Spain, and commissions were given at
Cartagena to privateers to raid the Spanish vessels.
There is no doubt that reckless men eager for booty were
as often pirates as privateers, and the chiefs of the Bara-
tarians, the Lafittes, may without remorse be called pi-
rates, in spite of the services they rendered Louisiana and
the United States, under the leadership of General
Jackson.
On the Gulf coast of Louisiana, between the mouths of
the Mississippi and. Bayou Lafourche, is the island of
Barataria, formed in part by the lakes and bayou of
Barataria. Upon the island there is an Indian shell-
mound at a place called the Temple. The name Bara-
taria is also given to a large basin, about sixty miles in
length and thirty in breadth, between the Mississippi and
the Lafourche.2 At a short distance from Bayou Bara-
taria lies the beautiful island called Grande Terre and
later Barataria, and within the pass of Barataria is to be
found a secure harbor, about two leagues from the open
sea. It was there that a number of privateers, called
" banditti " by Claiborne, established their headquarters.
The chief or captain of the Baratarians in 1813 was
Jean Lafitte,3 a man of wonderful daring, whose name
has been immortalized in history and in legend. He was
said to have been born in Bordeaux, and had kept a forge
86 A HISTORY OF LOUISIANA [isis
at the corner of Bourbon and St. Philip streets in New
Orleans. With him was his brother Pierre, who had been
a seafaring man. Jean Lafitte had acted at first as town
agent of the Baratarians, but he became their commander,
and established a prosperous trade in smuggling. He
had a considerable fleet in the business, both to capture
goods at sea and to smuggle them into Louisiana. The
events in his career have given rise to endless legends,
and the treasures said to have been gathered at Barataria
were as marvellous as those of the robbers' cavern in the
" Arabian Nights." No " sesame," however, has ever
been able to open the door leading to the treasures, and
they have remained forever hidden in the former abode of
the Baratarian chief. Very often in his childhood did the
writer hear wonderful stories about Lafitte and his men.
Dreams of fabulous wealth passed through the minds of
many a penniless wretch, and the woods and waters of
Barataria were often searched for the pirate's treasure.
In vain did adventurers dig in the ground or plunge in the
water: the treasure was no more to be obtained than the
gold in John Law's mines. No more gold has ever been
found under the roots of the mighty oak-trees at Grande
Terre or under the blue waves of Barataria Bay than on
the coast of the Mississippi or at the bottom of the mighty
river. The treasure in Louisiana, both at Barataria and
around New Orleans, is the wonderful fertility of the
soil formed from the fruitful sediment which the Father
of Waters spreads on all sides, in his tumultuous course
toward the Gulf. The wealth of Louisiana is also com-
merce with the world by means of the Mississippi, — not
1813] THE LAFITTES 87
the smuggling of the Baratarians, but legitimate trade
with all civilized countries. The treasure of Lafitte is a
myth, but it has added to the element of romance in the
history of Louisiana, and it has inspired the novelis and
the poet. It is good sometimes to abandon the reaj and
give one's self up to one's fancy. It is happineS to
imagine for a moment that, unlike the treasure of Cap-
tain Kidd, Lafitte's gold and jewels will not always be
hidden.
Following Claiborne's proclamation about the Bara-
tarians, legal prosecutions were begun on April 7, 1813,
against Jean and Pierre Lafitte, in the United States
District Court.4 The charge against them was not piracy,
but violation of the revenue and neutrality laws of the
United States. The Lafittes and some of their com-
panions were captured, but the proceedings amounted to
nothing.
On September 17, 1813, several citizens of New Or-
leans agreed to be responsible in solido with Major-Gen-
eral Villere for the sum of ten thousand dollars which
he would have to borrow for the safety and defense of the
State, as major-general of militia, in case the Legislature
refused to reimburse that amount.5 The agreement was
signed by the following patriotic men: J. Etienne Bore,
Jacques Villere, Pascalis Labarre, Bernard Marigny,
Le Breton Deschapelles, Honore Fortier, Jacques For-
tier, Du Suau de La Croix, Charles Dehault de Lassus,
Denis de La Ronde, Duverge, Lavergne, Zeringue, Li-
vaudais, Hazeur, P. Foucher, B. de La Roche, Dufossat,
Pedesclaux, Macarty, J. Bienvenu, M. Fazende, C. Ar-
88 A HISTORY OF LOUISIANA [ish
noult, Olivier Forcelle, Le Breton D'Orgenois, Mayronne,
Saint Pe, Pierre Lacoste, P. Sauve, D. Bouligny, Enoul
Dugue, L. T. Beauregard, Cazelar, and C. Chiapella.
On November 24, 1813, Governor Claiborne issued a
second proclamation about the Baratarians, and offered
a reward of five hundred dollars for the capture of Jean
Lafitte. The latter, in his turn, offered thirty times that
amount for Claiborne's head.8
In January, 1814, the Baratarians had a skirmish with
revenue officers and vanquished them. Claiborne sent
a communication to the Legislature on that subject, and
said that force should be used against the lawless men at
Barataria. It was thought that they had several pieces
of artillery on their island, and on March 2, 1814, Clai-
borne applied again to the Legislature to furnish him
with means to " disperse those desperate men on Lake
Barataria, whose piracies have rendered our shores a ter-
ror to neutral flags, and diverted from New Orleans that
lucrative intercourse with Vera Cruz and other neutral
ports which formerly filled our banks with the richest de-
posits." But the Legislature paid no attention to the
governor's recommendations.
The Senate, at that time, was opposing Claiborne's ap-
pointment of a judge of the Supreme Court and had re-
jected five nominations made by him. Dominick A. Hall
had been appointed by the President district judge of
the United States, and a vacancy existed on the Supreme
Bench of the State. The governor does not appear to
have had much confidence in the militia for the defense
of Louisiana, in case of an invasion, and asked that the
1814] PREPARATION FOR WAR 89
number of regular troops be increased. He believed that
an effort would be made by the British to take posses-
sion of Louisiana and to return it to Spain. Vigorous
measures were to be taken against the enemy, who were
now freed from their long contest with Napoleon. The
great Emperor, after his admirable campaign in France
in 1814, where he had repeated the marvels of his cam-
paign in Italy in 1796 and 1797, had had his sword
broken in his hand by the capitulation of Marmont at
Paris. He had abdicated the crown, had taken a touch-
ing leave of his valiant soldiers at Fontainebleau, and
had become the sovereign of the small island of Elba in
the Mediterranean Sea. The English, who had contrib-
uted to the fall of Napoleon by the victories of Well-
ington in Spain, were elated with their success and re-
solved to prosecute with activity the war against the
United States. Claiborne received orders from the Sec-
retary of War to organize a corps of one thousand in-
fantry militia, and obeyed promptly.
On August 12, 1814, the governor wrote to General
Jackson, who was to take command of the troops at New
Orleans, and said: " On the native American and a vast
majority of the Creoles of the country I place much con-
fidence, nor do I doubt the fidelity of many Europeans
who have long resided in the country. But there are
others much devoted to the interest of Spain, and their
partiality to the English is not less observable than their
dislike for the American Government." 7 He spoke of
the battalion of chosen men of color who were commanded
by Colonel Michel Fortier, " a respectable and rich mer-
90 A HISTORY OF LOUISIANA [isu
chant of New Orleans," and by Major Lacoste, " a rich
and respectable planter." 8
No time was to be lost in preparing for defense, for the
enemy was already at the door. Arms and officers had
been landed by the brig Orpheus in the bay of Appalachi-
cola, and the Creeks had been induced to cooperate in an
attack on Fort Bowyer. Two sloops of war, the Hermes
and the Caron, commanded by Colonel Nicholls of the ar-
tillery, sailed from Bermuda, and on August 14, 1814,
touched at Havana, where assistance was asked of the
governor-general and permission to land at Pensa-
cola. Both requests were refused, but Colonel Nicholls,
nevertheless, went to Pensacola and established his
headquarters there. At Barataria, Jean Lafitte was in
distress ; his brother Pierre had been arrested in New Or-
leans, after a severe report of the Grand Jury, and im-
prisoned. On September 2, 1814, occurred an interest-
ing event in his career and in the history of Louisiana.
An armed brig appeared opposite Barataria Pass, and,
after firing at a vessel about to enter, cast anchor at the
entrance of the pass. Lafltte went in a boat to find out
what was the matter, and met a pinnace containing the
commander of the brig, Captain Lockyer, and two offi-
cers. He was asked where was Mr. Lafltte, and on his
replying that Lafltte was on shore they gave him a pack-
age to be delivered to the chief of the Baratarians. La-
fltte persuaded the English officer to go to the shore, and
then made himself known. The package brought by
Captain Lockyer contained a proclamation of Colonel
Nicholls to the inhabitants of Louisiana, a letter of
1814] THE BRITISH AND LAFITTE 91
Nicholls directed to Mr. Lafitte or the commandant at
Barataria, a proclamation of Captain Percy of the sloop
Hermes and commander of the naval forces in the Gulf,
and orders from Captain Percy to Captain Lockyer, com-
mander of the sloop Sophia.
Lafitte read these papers carefully, and Captain Lock-
yer proposed to him to enter the service of Great Britain.
He would have the rank of captain and a sum of thirty
thousand dollars. Lafitte said he would give a reply in
a few days, and absented himself for a short time, when
Captain Lockyer and his party were taken prisoners by
the Baratarians. Lafitte was not able to liberate them
before the next morning, and he apologized for the con-
duct of his men. He wrote an evasive letter to Captain
Lockyer, as he intended to inform the Governor of Loui-
siana of the intrigues of the British.
The proclamation of Colonel Nicholls was dated Pen-
sacola, August 29, 1814. It is a curious document and
evinces utter ignorance of the feelings of the people to
whom it was addressed. It begins in grandiloquent
style :
Natives of Louisiana: On you the first call is made to assist
in liberating from a faithless, imbecile government your paternal
soil. Spaniards, Frenchmen, Italians, and British, whether settled
or residing for a time in Louisiana, on you also I call to aid me
in this just cause: the American usurpation in this country must
be abolished, and the lawful owners of the soil put in possession.
Colonel Nicholls announced his alliance with the In-
dians, and concluded his extraordinary proclamation with
92 A HISTORY OF LOUISIANA [wu
an apostrophe to the " Men of Kentucky." He referred
to Napoleon as " one of the most formidable and dan-
gerous of tyrants that ever disgraced the form of man,"
and says that when the Britons were fighting for a sacred
cause assassins had endeavored to stab them from the
rear. These assassins were the Americans, and the men
of Kentucky were urged either to remain neutral or to
fight under the standard of their forefathers.
Jean Lafitte had been accused of piracy, but he was not
a traitor, and he resolved to send to the State government
all the papers he had received from the British. He sent
them to Mr. Blanque, a representative in the Louisiana
Legislature, with an admirable letter in which he said:
Though proscribed by my adoptive country, I will never let
slip any occasion of serving her or of proving that she has never
ceased to be dear to me. Of this you will here see a convincing
proof. Yesterday, the 3rd of September, appeared here, under
a flag of truce, a boat coming from an English brig, at anchor
about two leagues from the pass. Mr. Nicholas Lockyer, a British
officer of higli rank, delivered me the following papers, two directed
to me, a proclamation, and the admiral's instructions to that
officer, all herewith inclosed. You will see from their contents
the advantages I might have derived from that kind of associa-
tion. I may have evaded the payment of duties to the custom-
house; but I have never ceased to be a good citizen; and all the
offence I have committed I was forced to by certain vices in our
laws. In short, sir, I make you the depository of the secret on
which perhaps depends the tranquillity of our country; please
to make such use of it as your judgment may direct. I might
expatiate on this proof of patriotism, but I let the fact speak
for itself. I presume, however, to hope that such proceedings
may obtain amelioration of the situation of my unhappy brother,
1814] LETTERS OF LAFITTE 93
with which view I recommend him particularly to your influence.
It is in the bosom of a just man, of a true American, endowed
with all other qualities that are honored in society, that I think
I am depositing the interests of our common country, and what
particularly concerns myself. Our enemies have endeavored to
work on me by a motive which few men would have resisted. They
represented to me a brother in irons, a brother who is to me very
dear, whose deliverer I might become ; and I declined the proposal.
Well persuaded of his innocence, I am free from apprehension
as to the issue of a trial; but he is sick and not in a place where
he can receive the assistance his state requires. I recommend him
to you, in the name of humanity. As to the flag of truce, I have
done with regard to it everything that prudence suggested to me
at the time. I have asked fifteen days to determine, assigning
such plausible pretexts that I hope the term will be granted. I
am waiting for the British officer's answer, and for yours to this.
Be so good as to assist me with your judicious counsel in so
weighty an affair.
I have the honor to salute you.
J. Laffite.0
Lafitte wrote also the following letter to Governor
Claiborne:
Sir: You will always find me eager to evince my devotedness
to the good of the country, of which I endeavored to give some
proof in my letter of the 4th, which I make no doubt you received.
Amongst the papers that have fallen into my hands, I send you
a scrap which appears to me of sufficient importance to merit your
attention.
Since the departure of the officer who came with the flag of
truce, his ship, with two other ships of war, has remained on
the coast, within sight. Doubtless this point is considered impor-
tant. We have hitherto kept on a respectable defensive ; if, how-
94 A HISTORY OF LOUISIANA [Wi4
ever, the British attach to the possession of this place the im-
portance they give us room to suspect they do, they may employ
means above our strength. I know not whether, in that case, pro-
posals of intelligence with the government would be out of reason.
It is always from my high opinion of your enlightened mind,
that I request you to advise me in this affair.
I have the honor to salute you.
J. Laffite.
Pierre Lafitte, who had managed or had been permitted
to escape from prison, wrote also a patriotic letter to
Mr. Blanque, approving of his brother's action and send-
ing him the latter's letter to Claiborne. Jean Lafitte had
also sent to Mr. Blanque an important " scrap " contain-
ing information about the proposed movements of the
British against Louisiana. An expedition was being
prepared against the Baratarians at that very moment,
under Commodore Patterson and Colonel Ross, and Mr.
Blanque hastened to communicate to Governor Clai-
borne Lafitte's letters and the papers sent by him.10 The
governor called a meeting of the principal officers of the
army, navy, and militia, and submitted to them two ques-
tions: " First, whether the letters were genuine, and, sec-
ond, whether it was proper that the governor should hold
intercourse or enter into any correspondence with Mr.
Lafitte and his associates." A negative answer was re-
turned to the questions by all the persons present at the
meeting, except by General Villere, who was of the opin-
ion that the papers were genuine and that the Baratarians
might be employed in the defense of the State. Clai-
borne was of the same opinion as Villere, but he did not
1814] THE MILITIA 95
vote. Commodore Patterson and Colonel Ross were
therefore ordered to proceed against the Baratarians with
the schooner Carolina and gunboats. This was done,
several of the privateers or so-called pirates were taken
prisoners and thrown into the calaboose in New Orleans,
and their vessels and goods were seized. Jean Lafitte es-
caped and retired to the German Coast, where he warned
the inhabitants of the impending attack from the British.
On September 5, 1814, Governor Claiborne, in obe-
dience to a letter from General Jackson, issued orders for
the militia to be held in readiness for active service.
Major-General Villere was to organize companies in
New Orleans on September 10, and Major-General
Philemon Thomas, at Baton Rouge, on or about Oc-
tober 1. " Major-General Jackson, commanding the
seventh military district," said the governor, " invites me
to lose no time in preparing for the defense of the State.
This gallant commander is now at or near Mobile watch-
ing the movements of the enemy, and making the neces-
sary preparations to cover and defend this section of the
Union. He will in due time receive reinforcements from
the other States on the Mississippi; he calculates also on
the zealous support of the Louisianians, and must not be
disappointed." On September 8, 1814, Claiborne again
issued general orders about the militia. He directed that
the companies should muster, for inspection and exercise,
twice a week in New Orleans and its suburbs, and once
a week in the interior counties; and he invited fathers
of families and men of advanced age to form military
associations. He said he was persuaded that efforts
96 A HISTORY OF LOUISIANA [isu
to divide the people would not prove successful. " In
defense of our homes and families there surely will be
but one opinion, one sentiment. The American citizen,
on contrasting his situation with that of the citizen or
subject of any other country on earth, will see abundant
cause to be content with his destinv. He must be aware
■r
how little he can gain and how much he must lose by a
revolution or change of government."
On September 15, 1814, a numerous meeting of the
citizens of New Orleans and its vicinity was held at Tre-
moulet's coffee-house.11 Edward Livingston was called
to the chair, and Richard Relf was appointed secretary.
Livingston made an eloquent speech and proposed a
series of patriotic resolutions. As the English had as-
serted that there was disaffection in the State, the citizens
at this meeting declared that such an allegation was false
and insidious, and that the people of the State were at-
tached to the government of the United States and would
repel with indignation every attempt to create disaffec-
tion and weaken the force of the country by exciting dis-
sensions and jealousies at a moment when union was most
necessary. A committee of public defense was appointed,
consisting of nine members: Edward Livingston, Pierre
Foucher, Du Suau de La Croix, Benjamin Morgan,
George M. Ogden, Dominique Bouligny, Jean Noel
Destrehan, John Blanque, and Augustin Macarty. The
committee issued to their fellow-citizens a spirited address,
which ended as follows: "Beloved countrymen, listen
to the men honored by your confidence, and who will en-
deavor to merit it; listen to the voice of honor, of duty,
1814] FORT BOWYER 97
and of nature! Unite! Form but one body, one soul,
and defend to the last extremity your sovereignty, your
property — defend your own lives and the dearer existence
of your wives and children! " The address was signed by
all the members of the committee except John Blanque
and Ogden.12
While the citizens of New Orleans were preparing for
defense the British were attacking Fort Bowyer on Mo-
bile Point, a very important position, which controls the
navigation of the coast of West Florida and secures an
easy communication with Pensacola.13 The commander
at Fort Bowyer was Major Lawrence; he had a garrison
of one hundred and thirty men and twenty guns, and he
defended himself with great bravery and ability. The
enemy appeared on September 12 with two sloops of war
and two brigs, and the next day threw three shells and
one cannon-ball against the fort. They had as auxiliaries
six hundred Indians and Spaniards. On September 14
the enemy were employed in fortifying, and on Septem-
ber 15 the regular attack was begun. The ships moved
against the fort at two o'clock in the afternoon, Captain
Percy's ship, the Hermes, leading. A dreadful fire was
kept up by the British ships and by the fort, which was
attacked also by land. The enemy were finally repelled,
and the Hermes was disabled and burned, but the three
other ships — the Car on, the Sophia, and the Anaconda —
succeeded in getting out to sea. Major Lawrence had
won a victory over the invaders, and their repulse was a
happy omen for the campaign just beginning. The
effective force of the British was thirteen hundred and
98 A HISTORY OF LOUISIANA [isu
thirty men, and their loss was two hundred and thirty-
two men killed or wounded. The Americans lost only
five killed and four wounded. General Jackson compli-
mented Major Lawrence and his men on their glorious
deeds, and the committee of public defense in New Or-
leans resolved that a saber be presented to the major as
a testimonial of the sense entertained of his skill and gal-
lantry. The brave men under his command received also
an expression of gratitude from the committee for the
service which they had rendered to Louisiana as well as to
the United States.
On September 21, 1814, General Jackson, from his
headquarters at Mobile, issued a proclamation to the
Louisianians. He called the enemy " the base, the per-
fidious Britons," to whom the gallant Lawrence had given
" a lecture that will last for ages." He added :
Louisianians : The proud Briton, the natural and sworn ene-
mies of all Frenchmen, has called upon you, by proclamation, to
aid him in his tyranny, and to prostrate the holy temple of our
liberty. Can Louisianians, can Frenchmen, can Americans ever
stoop to be the slaves or allies of Great Britain? I well know
that every man whose soul beats high at the proud title of free-
man, that every Louisianian, either by birth or adoption, will
promptly obey the voice of his country, will rally around the
eagle of Columbia, secure it from the pending danger or nobly
die in the last ditch in its defence.
Jackson refers to the offers made by the British to the
u pirates " of Barataria, whom he calls " hellish banditti."
It is a curious fact that these same " demons " were after-
ward praised by the general for their conduct at the bat-
1814] CAPTURE OF PENSACOLA 99
tie of New Orleans. On September 21, 1814, General
Jackson, by proclamation, invited the free men of color
of Louisiana to enroll themselves in the army.
On September 25, Secretary Monroe wrote to Jackson
that there was cause to believe that the enemy had set
on foot an expedition against Louisiana through the
Mobile.14 President Madison therefore took the neces-
sary steps to reinforce Jackson, and informed him, on
October 10, that " not less than twelve thousand five hun-
dred men were already subject to his orders, from Ken-
tucky, Tennessee, and Georgia." General Jackson, at
that time, was making preparations to attack Pensacola.
This, says Mr. Henry Adams, the President, on October
21, forbade him to do, warning him again of the intention
of the British to invade Louisiana. On October 25, Gen-
eral Coffee arrived at Mobile with his Tennessee brigade
of twenty-eight hundred men, and on November 3 Jack-
son marched against Pensacola with forty-one hundred
men.
After the massacre at Fort Mimms, on September 13,
1813, by the Creeks, the latter had been completely de-
feated by General Jackson, on March 27, 1814, and a
treaty of peace had been concluded with them on Au-
gust 9. However, some of the Creeks who had not par-
ticipated in the treaty had aided the British in their
attack on Fort Bowyer in September, 1814., The Span-
iards at Pensacola had shown such decided hostility to the
Americans during the expedition of the British against
Fort Bowyer that Jackson resolved to take possession of
Pensacola. On November 7 he attacked the town, which
100 A HISTORY OF LOUISIANA [ish
capitulated after a brief resistance. The next day Fort
Barrancas, celebrated in Galvez's campaign in 1781, was
blown up by the Spaniards, who retreated to Havana.15
Major Lacarriere Latour, whose " Memoir of the War
in West Florida and Louisiana " is so valuable, approves
highly of Jackson's capture of Pensacola, and says:
The following was the situation of affairs: The British ex-
pelled from Pensacola Bay; the Indians wandering in those low
islands, perishing for want of good food ; the Spaniards punished
for their want of good faith, and taught by sad experience that
they could not expect to injure their peaceable neighbors with
impunity.
It was the indomitable energy of Jackson that inspired
with boundless enthusiasm all who came in contact with
him. As Nolte said: "The general had bent all the
strength of his will on one single point, and that was to
meet and drive off the red-coats." He returned to Mobile
on November 11 with his troops, and on November 22 set
out by land for New Orleans, where he arrived on De-
cember 2, 1814. Sir Edward Pakenham had sailed from
Jamaica with the British expedition four days after Jack-
son left Mobile.
The situation in New Orleans was gloomy; the Legis-
lature had met on November 10, 1814, but had not been
able to accomplish much for the defense of the State.
The banks had suspended specie payment; there was no
concentration of power, in spite of Claiborne's efforts,
and great apprehension was felt for the safety of New
Orleans. The presence of Jackson changed the situation,
i8H] THE BRITISH FLEET 101
and inspired every one with confidence and hope. The
general was forty-seven years old ; he appeared weak and
in poor health, but on the day of his arrival he began to
attend with great activity to his military duties. He re-
viewed Major Daquin's battalion of militia on Decem-
ber 2, and two days later he set out to visit Fort St.
Philip at Plaquemines. As it was probable that the en-
emy would approach by the Mississippi, he ordered
Major Latour to prepare plans for two batteries on the
side of the river opposite Fort St. Philip. He also or-
dered Governor Claiborne to have all the bayous leading
from the Gulf obstructed, and asked the governor to call
on the Legislature for help in constructing the necessary
fortifications. Jackson, on returning to New Orleans
from Fort St. Philip, went to Chef Menteur, and was
there when the British attacked and captured the flotilla
of American gunboats in Lake Borgne.
On November 24, 1814, a review of the British fleet and
troops took place in Negril Bay, Jamaica. Sir Alexan-
der Cochrane, with his squadron, had sailed from the
Chesapeake with the army of Colonel Brooks, who had
succeeded General Ross, killed before Baltimore. At
Negril Bay Cochrane's squadron met Admiral Malcolm's
squadron and reinforcements brought from England
by General Keane, who was commander-in-chief. The
whole army amounted to seventy-four hundred and fifty
men,16 and the fleet consisted of about fifty sail. Among
the officers of the squadron were, besides Cochrane and
Malcolm, Sir Thomas Hardy, in whose arms Nelson
died at the battle of Trafalgar; Rear- Admiral Codring-
102 A HISTORY OF LOUISIANA [isi4
ton; and Captain Gordon. General Keane was a young
and brilliant officer. This was indeed a formidable force
for the attack on New Orleans.
On November 26, 1814, the British fleet sailed from
Negril Bay, Admiral Cochrane leading the way on board
the Tonnantj captured from the French at Aboukir, and
followed closely by the Ram Mies. The enemy cast an-
chor, December 10, in the channel between Cat and Ship
Islands, and were discovered by a small flotilla of gun-
' boats under Lieutenant Thomas Ap Catesby Jones, who
had been ordered bv Commodore Patterson to observe
their movements. On December 13 the five gunboats,
perceiving the immense superiority of the enemy, en-
deavored to fall back upon a fort near the mouth of the
Rigolets, called Petites Coquilles, but the wind entirely
died away, and the flotilla came to anchor in the passage
of Malheureux Island. There Lieutenant Jones had, he
said, " but one alternative left him, which was to give the
enemy as warm a reception as possible." 17 The tender
Sea-horse and stores at Bay St. Louis had previously
been destroyed by the Americans, to prevent the British
taking possession of them. As the water in Lake Borgne
was very shallow, Admiral Cochrane sent a flotilla of
launches and ships' barges, fifty open boats in all, com-
manded by Captain Lockyer, to attack Captain Jones's
gunboats. The five gunboats had a total of twenty-three
guns and were commanded by Lieutenants Jones, Sped-
den, and McKeever, and Sailing-masters Ferris and Ul-
rick. They succeeded in taking the tender Alligator,
armed with a four-pounder and eight men, and the action
1814] BATTLE OF LAKE BORGNE 103
became general at ten minutes before eleven in the morn-
ing. The Americans made a desperate resistance, espe-
cially gunboat No. 156, commanded by Lieutenant Jones
in person. Captain Lockyer was severely wounded, and
Lieutenants Jones and Robert Spedden also. Lieuten-
ant McKeever was slightly wounded, and the loss of the
Americans was about one third their number, which con-
sisted of one hundred and eighty-two men. The British
had about twelve hundred men in the action, and lost
about three hundred killed and wounded. Great gallan-
try was displayed on both sides, and the whole Amer-
ican flotilla was finally captured after a heroic resis-
tance. Among the British officers killed was Lieutenant
Pratt,18 who had burned the Capitol at Washington
in the summer of 1814, under the orders of Admiral
Cockburn.
The battle of Lake Borgne gave the British the com-
mand of that lake and enabled them to land their army
without opposition. A curious fact connected with that
engagement is that after Captain Lockyer had captured
Jones's gunboat No. 156 he fired her guns upon the
other American boats without striking the American
flag. Major Latour expresses surprise at the defenseless
condition in which Louisiana had been left in 1814, and
says that twenty-five gunboats would have rendered it
impossible for the British to land and would have obliged
them to abandon the project of attacking New Orleans
by the lakes.19 " To approach by the river is out of the
question," says an English officer.20 The same author
says of New Orleans as he saw it in 1814:
104 A HISTORY OF LOUISIANA [ww
Though in itself unfortified, it is difficult to conceive a place
capable of presenting greater obstacles to an invader; and at
the same time more conveniently situated with respect to trade.
Built upon a narrow neck of land, which is confined on one side
by the river, and on the other by impassable morasses, its means
of defence require little explanation ; and as these morasses ex-
tend to the distance of only a few miles, and are succeeded by
Lake Pontchartrain, which again communicates through Lake
Borgne with the sea, its peculiar commercial advantages must
be equally apparent.
The capture of the American flotilla was announced
by Governor Claiborne to the Legislature. That body
has been accused of lukewarmness and even of want of
patriotism; but Judge Martin,21 who in 1814 was at-
torney-general of Louisiana, defends the Legislature and
says:
In attachment to the Union, in zeal for the defence of the
country, in liberality in furnishing the means of it, and in min-
istering to the wants of their brave fellow-citizens who came
down to assist them in repelling the foe, the General Assembly
of Louisiana does not suffer by a comparison of its conduct with
that of any legislative body in the United States.
With regard to the people of New Orleans Judge
Martin says:
Although the population of New Orleans was composed of
individuals of different nations, it was as patriotic as that of any
city in the Union. The Creoles were sincerely attached to liberty
and the General Government ; they had given a strong evidence of
this, on their admission into the Union, by the election of the
governor, judges, and almost every other officer sent to them by
the President of the LTnited States.
h u,-:/ .* Cf. Par,*-
1814] THE LEGISLATURE 105
The Legislature aided Claiborne and Jackson in every
way that they believed to be legitimate ; but they refused
to suspend the writ of habeas corpus as proposed by Clai-
borne at the suggestion of Jackson and Commodore Pat-
terson. The Legislature, says Judge Martin, knew how
loyal were the people, and " thought the State should not
outlaw her citizens when they were struggling to repel
the enemy. They dreaded the return of those days when
Wilkinson filled New Orleans with terror and dismay,
arresting and transporting whom he pleased." Loual-
lier, who, as chairman of the ways and means committee,
had made a patriotic report in November, was also chair-
man of the committee that reported against suspending
the writ of habeas corpus. It was thought wiser to offer
bounties to sailors than to impress them by force into the
service of the United States. An embargo law was also
passed.
The militia was called out en masse by the governor,
and on December 16, 1814, he suggested the expediency
of an adjournment of the Legislature for twenty or
twenty-five days. The two houses refused to comply with
Claiborne's suggestion, and thereupon General Jackson
declared martial law on December 16. On the day pre-
ceding he had addressed to the citizens of New Orleans
a spirited and characteristic proclamation, in which he
told them not to believe the report that the invasion had
been made with a view of restoring the country to Spain.
" Believe not such incredible tales — your government is
at peace with Spain — it is the vital enemy of your coun-
try, the common enemy of mankind, the highway robber
106 A HISTORY OF LOUISIANA [ibm
of the world, that threatens you, and has sent his hire-
lings amongst you with this false report, to put you off
your guard that you may fall an easy prey to him." The
proclamation ended with these ominous words: "Those
who are not for us are against us, and will be dealt with
accordingly."
On his return from Chef Menteur, after the battle of
Lake Borgne, Jackson displayed the greatest energy and
fortified all assailable points. He sent [Major Lacoste's
battalion of men of color and the dragoons of Feliciana
to Chef Menteur, and he wrote to Generals Coffee, Car-
roll, and Thomas, urging them to come to New Orleans
as speedily as possible. A second battalion of men of
color was formed, chiefly refugees from Santo Domingo,
and was placed under the command of Major Daquin,
under whom was Captain Savary, who had served in the
French army in the wars of Santo Domingo.
On December 18 Jackson reviewed the troops at New
Orleans, the embodied militia, Major Plauche's uni-
formed companies, and part of the men of color. His
aide-de-camp, Edward Livingston, read to the troops en-
ergetic addresses. Nolte says that Livingston rendered
invaluable aid to the general during the whole campaign
and wrote for him all his despatches and proclamations.
Grymes was also of service with his pen. The style of
Jackson's addresses, after his arrival in New Orleans, is
certainly far superior to that of his proclamation of Sep-
tember, 1814, dated from Mobile, which the " Louisiana
Gazette " ridiculed. But the spirit of all the addresses
and despatches is characteristic of Jackson.
1814] MARTIAL ARDOR 107
As New Orleans was in great danger, the services of
Lafitte and the Baratarians were accepted, and all classes
of society were filled with zeal and enthusiasm for the
defense of the country. The women of New Orleans
gave proof of their patriotism and applauded the men
who were preparing to fight for the protection of their
hearths. " The streets resounded," says Latour, " with
* Yankee Doodle,' the ' Marseilles Hymn,' the ' Chant du
Depart,' and other martial airs, while those who had been
long unaccustomed to military duty were furbishing their
arms and accoutrements."
The consul of France, the Chevalier de Tousac, who
had served in the war of the American Revolution and
had lost an arm while fighting for the independence of
the United States, regretted that he was not able to fight
once more against the British, and encouraged all the
Frenchmen in New Orleans to enlist in Jackson's army.
The Legislature, in order to enable all men to perform
their military duties without being embarrassed by their
commercial engagements, passed an act on December 18,
1814, prolonging for one hundred and twenty days the
term of payment of all contracts. In New Orleans prep-
arations for the defense had been actively made, and
Jackson seemed to have taken all necessary precautions
against a surprise by the enemy. Unhappily, however,
an important road of ingress had not been sufficiently
guarded.
One of the numberless bayous or streams in the vicinity
of New Orleans is called Bayou Bienvenu. The British
officers name it Bayou Catalan in their reports, and it
108 A HISTORY OF LOUISIANA [isu
was formerly called the river St. Francis.22 It flows into
Lake Borgne and " is navigable for vessels of one hun-
dred tons as far as the forks of the canal of Piernas's
plantation, twelve miles from its mouth. Its breadth
is from one hundred and ten to one hundred and fifty
yards, and it has six feet of water on the bar at the com-
mon tides, and nine feet at spring tides. Within the bar
there is, for a considerable extent, sufficient water for
vessels of two to three hundred tons. Its principal branch
is that which is called Bayou Mazant, which runs toward
the southwest and receives the waters of the canals of the
plantations of Villere, Lacoste, and La Ronde, on which
the enemy established his principal encampment." A
mile and a half from the mouth of Bayou Bienvenu was
a Spanish fishermen's village, the inhabitants of which
served as spies and guides to the British. General Keane,
having heard that it was possible to effect a landing at
the head of Bayou Bienvenu, or Catalan, as he calls it,
ordered it to be reconnoitered. Captain Spencer and
Lieutenant Peddie were despatched on that errand, and
arrived on December 20 at the fishermen's village. There
they got a pirogue, disguised themselves as fishermen,
employed two inhabitants of the village to row them
up the bayou, and succeeded in reaching Villere's canal,
through which they arrived at a point a short dis-
tance from the Mississippi River. From the head of the
canal they walked to the levee in front of the Villere
plantation, which was only eight miles from New Or-
leans, and drank some water out of the Mississippi.
Their expedition had been successful and proved that it
1814] BAYOU BIENVENU 109
was possible to arrive unperceived in the vicinity of New
Orleans.
After the battle of Lake Borgne the British troops
were collected at He aux Pois, or Pea Island, at the en-
trance of Pearl River. On December 22 sixteen hundred
men, commanded by Keane, were put into barges or pin-
naces, and after a very uncomfortable journey, during
which they suffered greatly from rain and cold, they ar-
rived at the mouth of Bayou Bienvenu, and a little later
at the fishermen's village. At that place was a small
detachment of militia, which had been sent by Major
Gabriel Villere to observe the approach of the enemy.
The detachment consisted only of nine white men and
three negroes, and had arrived at the village on Decem-
ber 21. They were surprised by the British in the night
of December 22, and were all captured, except one man
who succeeded in escaping. One of the prisoners was Mr.
Ducros, a Creole gentleman, and he was taken to Gen-
eral Keane and Admiral Cochrane and questioned with
regard to the number of the American forces. Ducros
answered that in the city there were from twelve to fifteen
thousand men and from three to four thousand at the
English Turn. The other prisoners, by a preconcerted
agreement, confirmed Ducros's statement, to the aston-
ishment of the British officers, who had been told by the
Spanish fishermen that Jackson's forces amounted to no
more than five thousand men.
The enemy advanced in their barges through Bayou
Bienvenu and entered Bayou Mazant. After a short
distance the boats could no longer be propelled, and the
110 A HISTORY OF LOUISIANA [mm
army marched along the bayou by a road " opened
through several fields of reeds, intersected by deep,
muddy ditches, bordered by a low, swampy wood." 23
They reached Villere's canal at about half -past eleven,
and soon arrived at a cultivated field of sugar-cane and
an orange grove. Colonel Thornton advanced rapidly
and surrounded General Villere's house, in which were a
company of militia, who were captured. Major Villere,
a son of the general, was smoking his cigar on the front
gallery of the house, and his brother was cleaning a fowl-
ing-piece, when they perceived some British soldiers.24
They were both taken prisoners, but Major Villere leaped
through a window of his father's house and escaped the
fire of his captors. He ran to the woods, and then met
on a neighboring plantation Colonel de La Ronde, with
whom he crossed the river.
Villere and De La Ronde went to Du Suau de La
Croix's plantation, and thence Villere, De La Ronde, and
De La Croix hastened on horseback to New Orleans, to
announce the arrival of the British. Alexander Walker
says, in his " Jackson and New Orleans," that the three
Louisianians saw the general at half -past one o'clock
p.m. on December 23, and related the story of the arrival
of the British on Villere's plantation, whereupon Jackson
exclaimed: " By the Eternal, they shall not sleep on our
soil! ': Major Lacarriere Latour, however, whose " His-
torical Memoir " is so accurate and not at all rhetorical,
does not mention this incident, and does not say precisely
who it was that first informed Jackson of the approach of
the British.25 He says he was sent by the general on
1814] ARRIVAL OF THE BRITISH 111
December 23 to ascertain whether it was true that several
sails had been seen behind Terre-aux-Bceufs, and to ex-
amine the communication from that place to Lake
Borgne.26 He heard of the capture of the militia com-
pany at Villere's plantation, and approached within rifle-
shot of the British troops. He estimated their number
at sixteen or eighteen hundred men. " It was then half-
past one p.m.," says he, " and within twenty-five minutes
after, General Jackson was informed of the enemy's po-
sition."
CHAPTER V
The Battles of December, 1814, and
January 8, 1815
Battle of December 23, 1814— Destruction of the Carolina— Battle of De-
cember 28, 1814— Interference with the Legislature— Artillery battle of
January 1, 1815— Battle of New Orleans— Jackson's reports of the battle—
Nolte's statement about cotton bales used in intrenchments— Jackson's gen-
eral orders — An Englishman's opinion of the campaign.
S soon as the British had reached Vil-
lere's plantation, Colonel Thornton
urged that New Orleans be attacked
immediately. General Keane de-
cided to wait for reinforcements, and
thus he gave time to Jackson to col-
lect his troops. The American gen-
eral did not lose a minute : he ordered the alarm-gun to be
fired, sent for Coffee and Carroll, who were four miles
above the city, and for Major Plauche, who was at Bayou
St. John, and marched against the British. There were
Coffee's mounted Tennessee riflemen and the volunteer
dragoons of the Mississippi Territory, Beale's Orleans
Rifle Company, Daquin's free men of color, eighteen
Choctaw Indians, Baker's Forty-fourth Regiment, and
Plauche's battalion. There were two field-guns, and
Commodore Patterson was on board the schooner Caro-
lina, which was to take a station opposite the enemy.
Governor Claiborne, with four regiments of Louisiana
112
1814] . DECEMBER 23 113
militia and one company of horse, was stationed in the
plain of Gentilly to protect the city from an attack in the
direction of Chef Menteur.
As Jackson's army advanced, a negro was captured
with copies of a proclamation in French and Spanish,
signed by Keane and Cochrane, as follows: " Louisiani-
ans ! remain quiet in your houses ; your slaves shall be pre-
served to you, and your property respected. We make
war only against Americans." The British still foolishly
believed that the Louisianians were not Americans; but
they were soon to be undeceived.1 The proclamation was
posted on the fences all along the road below the planta-
tion of De La Ronde. The owner of the plantation, Colo-
nel de La Ronde, accompanied General Coffee as a vol-
unteer and as a guide. The plantations on which the bat-
tles of December, 1814, and January, 1815, were fought
were Villere's, Lacoste's, De La Ronde's, Bienvenu's, and
Chalmette's. The headquarters of the British were in
General Villere's house, and they had mounted a few
pieces of cannon near the sugar-house. The line of the
enemy extended as far as De La Ronde's plantation; and
they felt so litttle apprehension of an attack that some
pickets had lighted fires and part of the army had gone
into bivouac. At about seven o'clock the Carolina arrived
in front of the batture of Villere's plantation, and a num-
ber of British soldiers went on the levee to examine the
boat, not dreaming that she had been sent to attack them.
At half -past seven the Carolina opened fire and compelled
the enemy to leave his camp. The forces under Jackson
soon appeared and attacked the British sharply in front
114 A HISTORY OF LOUISIANA [ism
from the road, and in the rear of De La Ronde's planta-
tion. At half -past nine the enemy fell back to his camp,
and Jackson, seeing that it was too dark to continue the
attack, led back his army to their former position on the
De La Ronde plantation. At English Turn a detach-
ment of three hundred and fifty Louisiana militia, under
General David Morgan, heard that the British had
reached Villere's plantation, and they asked to be led
against the enemy. This Morgan refused to do ; but when
the men heard the firing of the Carolina, in the evening of
December 23, they could no longer be restrained, and
were allowed to march against the British. There was
some skirmishing with the enemy at Jumonville's planta-
tion, adjoining Villere's, but Morgan's detachment, being
ignorant of the positions of Jackson's army and fearing
an ambush, remained in a neighboring field until three
o'clock in the morning of December 24, and then marched
back to the English Turn.
Jackson's troops on December 23 amounted to twenty-
one hundred and thirty-one men, of whom about eigh-
teen hundred took part in the engagement.2 The British
officers estimated the number of the Americans at
five thousand, because they took Plauche's companies for
so many battalions, as each company wore a distinct uni-
form. Major Latour, who was present at the battle,
praises highly Jackson's soldiers and their commanders,
and of Jackson himself he says:
But I cannot decline paying the tribute of justice to General
Jackson, to say that no man could possibly have shown more per-
1814] JACKSON'S REPORT 115
sonal valor, more firmness and composure, than was exhibited by
him through the whole of this engagement, on which depended per-
haps the fate of Louisiana. I may say, without fearing to be
taxed with adulation, that on the night of the 23rd General
Jackson exposed himself rather too much. I saw him in advance
of all who were near him, at a time when the enemy was making
a charge on the artillery, within pistol-shot, in the midst of a
shower of bullets, and in that situation I observed him spiriting
and urging on the marines and the rifles of the Seventh Regiment,
who, animated by the presence and voice of their gallant com-
mander-in-chief, attacked the enemy so bravely that they soon
forced him to retire.
With regard to the number of the British, Major La-
tour says that forty-five hundred men were landed on
the 23d, before nine o'clock at night. They lost, in
killed, wounded, and prisoners, three hundred and five
men, according to their report, and the Americans two
hundred and thirteen men. The battle of December 23
was very important, and Jackson's impetuosity probably
saved New Orleans, which might not have resisted a sud-
den attack. The general wrote as follows to the Secretary
of War:3
Headquarters, Seventh Military District,
Camp below New Orleans,
27th December, a.m.
Sir: The loss of our gunboats near the pass of the Rigolets
having given the enemy command of Lake Borgne, he was enabled
to choose his point of attack. It became, therefore, an object
of importance to obstruct the numerous bayous and canals leading
from that lake to the high lands on the Mississippi. This impor-
116 A HISTORY OF LOUISIANA [ism
tant service was committed, in the first instance, to a detachment
from the Seventh Regiment, afterward to Colonel de La Ronde
of the Louisiana militia, and lastly, to make all sure, to Major-
General Villere, commanding the district between the river and
the lakes, and who, being a native of the country, was presumed
to be best acquainted with all those passes. Unfortunately, how-
ever, a picket which the General had established at the mouth
of the Bayou Bicnvenu, and which, notwithstanding my orders,
had been left unobstructed, was completely surprised, and the
enemy penetrated through a canal leading to his farm about two
leagues below the city, and succeeded in cutting off a company
of militia stationed there. The intelligence was communicated to
me about two o'clock of the 23rd. My force, at this time, con-
sisted of parts of the Seventh and Forty-fourth regiments, not
exceeding six hundred together, the city militia, a part of General
Coffee's brigade of mounted gun-men, and the detached militia
from the western division of Tennessee under the command of
Major-General Carroll. These two last corps were stationed four
miles above the city. Apprehending a double attack by the way
of Chef Menteur, I left General Carroll's force and the militia
of the city posted on the Gentilly road; and at five o'clock p.m.
marched to meet the enemy, whom I was resolved to attack in his
first position, with Major Hinds's dragoons, General Coffee's bri-
gade, parts of the Seventh and Forty-fourth regiments, the uni-
form companies of militia under the command of Major Plauche,
two hundred men of color (chiefly from Santo Domingo) raised by
Colonel Savary and acting under the command of Major Daquin,
and a detachment of artillery under the direction of Colonel
M'Rea, with two six-pounders under the command of Lieutenant
Spotts — not exceeding in all fifteen hundred. I arrived near the
enemy's encampment about seven, and immediately made my dis-
positions for the attack. His forces, amounting at that time
on land to about three thousand, extended half a mile on the river,
and in the rear nearly to the wood. General Coffee was ordered
to turn their right, while with the residue of the force I attacked
1814] JACKSON'S REPORT 117
his strongest position on the left, near the river. Commodore
Patterson, having dropped down the river in the schooner Caro-
lina, was directed to open a fire upon their camp, which he exe-
cuted at about half after seven. This being the signal of attack,
General Coffee's men, with their usual impetuosity, rushed on
the enemy's right, and entered their camp, while our right ad-
vanced with equal ardor. There can be but little doubt that we
should have succeeded on that occasion, with our inferior force,
in destroying or capturing the enemy, had not a thick fog, which
arose about eight o'clock, occasioned some confusion among the
different corps. Fearing the consequences, under this circum-
stance, of the further prosecution of a night attack with troops
then acting together for the first time, I contented myself with
lying on the field that night ; and at four in the morning assumed
a stronger position about two miles nearer to the city. At this
position I remained encamped, waiting the arrival of the Ken-
tucky militia and other reinforcements. As the safety of the
city will depend on the fate of this army, it must not be incau-
tiously exposed.
In this affair the whole corps under my command deserve great
credit. The best compliment I can pay to General Coffee and his
brigade is to say they behaved as they have always done while
under my command. The Seventh, led by Major Peire, and the
Forty-fourth, commanded by Colonel Ross, distinguished them-
selves. The battalion of city militia, commanded by Major
Plauche, realized my anticipations and behaved like veterans;
Savary's volunteers manifested great bravery; and the com-
pany of city riflemen, having penetrated into the midst of the
enemy's camp, were surrounded, and fought their way out with
the greatest heroism, bringing with them a number of prisoners.
The two field-pieces were well served by the officer commanding
them.
All my officers in the line did their duty, and I have every
reason to be satisfied with the whole of my field and staff. Colonels
Butler and Pratt, and Major Chotard, by their intrepidity, saved
118 A HISTORY OF LOUISIANA [ua*
the artillery. Colonel Haynes was everywhere that duty or danger
called. I was deprived of the services of one of my aides, Captain
Butler, whom I was obliged to station, to his great regret, in
town. Captain Reid, my other aide, and Messrs. Livingston, Du-
plessis and Davezac, who had volunteered their services, faced
danger wherever it was to be met, and carried my orders with
the utmost promptitude.
We made one major, two subalterns, and sixty-three privates
prisoners, and the enemy's loss in killed and wounded must have
been at least . My own loss I have not as yet been able to
ascertain with exactness, but suppose it to amount to one hun-
dred in killed, wounded, or missing. Among the former I have
to lament the loss of Colonel Lauderdale of General Coffee's
brigade, who fell while bravely fighting. Colonels Dyer and
Gibson, of the same corps, were wounded, and Major Kavenaugh
taken prisoner.
Colonel de La Ronde, Major Villere of the Louisiana militia,
Major Latour of the engineers, having no command, volunteered
their services, as did Drs. Kerr and Flood, and were of great
assistance to me.
I have the honor to be, etc.,
Andrew Jackson.
On December 24, at four o'clock in the morning, Jack-
son fell back and took position on the left bank of Rodri-
guez Canal, about two miles from the field of battle. He
left a small force on De La Ronde's plantation to observe
the movements of the enemy, and directed strong in-
trenchments on the Rodriguez Canal. He established his
headquarters in Macarty's house. He also caused the
levee to be cut in front of his lines to impede the advance
of the enemy by overflowing the ground. Meanwhile the
British, by great exertions, succeeded in concentrating
1814] ARRIVAL OF PAKENHAM 119
their troops at the Villere plantation on December 25.
On that day Sir Edward Fakenham arrived and took
command of the army. He was a brother-in-law of Wel-
lington, was thirty-seven years of age, and was considered
one of the bravest and ablest of the British generals. On
Christmas Day, 1814, his army numbered five thousand
and forty rank and file, and by January 6 he had under
his command eight thousand excellent troops. As Jack-
son was strongly intrenched and was protected by two
pieces of artillery, and the Carolina and the Louisiana
harassed the enemy from the river, Pakenham resolved
to obtain his artillery from his ships, to free himself
from the two American vessels before he should begin his
march.
On December 27 his battery was ready, and he suc-
ceeded in destroying the Carolina. The Louisiana was
saved by being towed up. On December 26 Morgan was
ordered to abandon English Turn and to take position on
the right bank of the river. He had previously, by direc-
tions of Jackson, cut the levee below Jumonville's plan-
tation, and this measure turned out to be unfortunate.
The river having risen, the canals were filled with
sufficient water to enable the British to bring up heavy
artillery.4
In the evening of December 27 the enemy advanced
and occupied the Bienvenu and Chalmette plantations.
They had several pieces of artillery, and on December 28
began their march against Jackson's lines. A terrible fire
from the Louisiana and from the batteries broke their col-
umns, and they retreated to the Bienvenu plantation.
120 A HISTORY OF LOUISIANA [isu
Among the men who rendered efficient service on Decem-
ber 28 were those of the artillery company of Dominique
You, twenty former Baratarians and companions of
Lafitte.
On December 28 an unfortunate incident happened in
New Orleans. Since the arrival of the British on Decem-
ber 23 the Legislature had ceased to sit,5 as all its mem-
bers were engaged in the work of defense, either as
soldiers in the field or in companies of veterans, or as
members of relief committees. Every day, however, at
noon, three or four members of the Senate and of the
House met in their respective halls to effect an adjourn-
ment. On December 28, the President of the Senate,
Skipwith, and two members, on arriving at the govern-
ment house, found on the staircase a sentinel, who forbade
them to enter the Senate chamber, and at the same time
presented his bayonet. The senators then went to the City
Hall and effected the adjournment of their body. Sev-
eral members of the House of Representatives were
treated in the same manner as Skipwith and his col-
leagues. On December 30 a quorum of both houses was
procured, and a committee was appointed to call on Jack-
son and ask for the reason of the measures taken against
the Legislature. The general replied that just after the
engagement had begun on December 28, one of his volun-
teer aides, Colonel Duncan, informed him that he was the
bearer of a message from Governor Claiborne to the ef-
fect " that the Assembly were about to give up the coun-
try to the enemy." Colonel Duncan said he had received
the inteDigence from a militia colonel, Mr. Declouet, who
1814] THE ASSEMBLY CLOSED 121
had requested him to deliver the message. The general
replied that "he did not believe the intelligence; but to
desire the governor to make strict inquiry into the sub-
ject ; and, if true, to blow them up." Colonel Duncan said
Colonel Declouet did not say he was sent by Claiborne,
and that " he (Duncan) meeting one of Claiborne's aides,
directed him to inform the governor the general wished
him to prevent the Legislature from assembling." The
aide whom Duncan had met was Colonel Michel Fortier,
Junior, who had friends and relatives in the Legislature.0
Colonel Fortier transmitted without comment Duncan's
extraordinary order to Claiborne, who forthwith pre-
vented the Legislature from assembling. An inquiry was
made into these unusual proceedings, and a committee re-
ported that the orders given by General Jackson had been
perverted by Duncan, and that Declouet's conduct had
been extravagant and he had yielded to chimerical fears.
The committee also excused Jackson's message to Clai-
borne, considering the circumstances in which the general
received Duncan's information. We cannot share the
committee's opinion. It seems to us that Jackson was not
justified in using such harsh terms about a Legislature
that had placed the whole resources of the State at the
command of the general, and whose members had given
many proofs of their patriotism as Louisianians and as
Americans. He should not have believed the report of
treason, or, if he believed it, he should have called Clai-
borne's attention to it, and not have ordered the governor
to " blow them up." Claiborne himself acted hastily and
lacked judgment when he caused the doors of the As-
122 A HISTORY OF LOUISIANA [isis
sembly to be closed, and Duncan and Declouet displayed
the most astonishing want of calmness and good sense.
Jackson said he had replied to a committee that called
upon him: " If I thought the hair of my head knew my
thoughts, I would cut it off or burn it." It is unfortunate
that he should have chosen, on December 28, to express
his thoughts in very strong language, rather than to have
kept them within his head.
On December 29 Commodore Patterson placed two
twelve-pounders and a twenty-pounder behind the levee
on the right bank of the river, and this marine battery,
manned by sailors from the Louisiana, rendered great
service. Piernas Canal, which flows into Bayou Bienvenu,
was guarded by Colonel Dejan's regiment of Louisiana
militia, and General Villere took command of a second
line established between Jackson's line and the city. On
December 31 there were skirmishes and cannonading, and
on January 1 a severe artillery battle took place, in which
the British were again routed. On January 1 a troop of
five hundred men of Louisiana militia arrived from Baton
Rouge under General Philemon Thomas, and on January
4 twenty-two hundred and fifty Kentucky militia ar-
rived in New Orleans under the command of General
John Thomas. Only five hundred and fifty were armed,
and under General John Adair they marched to the
American lines. On January 6 and 7 active preparations
were made by the British for an attack, and on January
8 took place the celebrated battle of New Orleans.
Jackson had chosen his line of defense on December
24; 7 it was along a canal forming the limits of the Rodri-
1815] THE AMERICAN LINE 123
guez and Chalmette plantations. A parapet was raised,
lined with pales from fences, and the ditch was filled with
water. The parapet was very irregular in thickness and
height, in some places being twenty feet thick at the top
and only five feet high, and in others very thin at the base.
The line was about half a mile long toward the wood, and,
turning to the left half a mile, ended in an almost impas-
sable cypress swamp. Near the wood the breastwork was
not thick enough to resist artillery, and was hardly high
enough to protect the men. At that place the ground was
so low that the troops walked knee-deep in mud, and the
valiant men of Carroll and Coffee were " literally en-
camped in the water."
The American line was defended by eight batteries con-
sisting of thirteen pieces of artillery. Battery No. 1 was
seventy feet from the river, was commanded by Captain
Humphreys of the United States artillery, and was
served by regular artillery and Major St. Geme's dra-
goons. Batteries Nos. 2 and 4, commanded by Lieuten-
ants Norris and Crawley of the navy, were served by the
crew of the Carolina. Battery No. 3 was commanded by
Captains Dominique You and Beluche, the former priva-
teers, and was served by French marines. Batteries Nos.
5 and 7 were commanded by Colonel Perry and Lieu-
tenant Kerr and by Lieutenants Chauveau and Spotts,
and were served by gunners from the United States ar-
tillery. Battery No. 6 was commanded by General Gar-
rigues de Flaujac and Lieutenant Bertel and served by
men from the company of the Francs. Battery No. 8 did
little service, as it was in bad condition; its commander
124 A HISTORY OF LOUISIANA [wis
was a corporal of artillery, and the men were from Gen-
eral Carroll's brigade. On the river was a redoubt de-
fended by a company of the Seventh Regiment under
Lieutenant Ross and an artillery detachment from the
Forty-fourth under Lieutenant Marant. Near them was
the New Orleans Volunteer Company of Riflemen; then
came Major Peire's Seventh Regiment, Major Plauche's
uniformed companies, Major Lacoste's and Major Da-
quin's free men of color, and Captain Baker's Forty-
fourth regiment. This whole corps was under the com-
mand of Colonel Ross. Toward the right were Bellevue,
Carroll, Adair, and Coffee. The cavalry consisted of the
companies of Captains Ogden and Cheveau, Major
Hinds, and a detachment of Attakapas dragoons. The
number of the American troops was four thousand, but
eight hundred men had been detached to guard the camp,
the Piernas Canal, and the outskirts of the wood. Besides
the line at Rodriguez Canal, Jackson had, as we have
said, another intrenchment a mile and a half in the
rear, and he had ordered a third line to be drawn nearer
the cit3r.
We have seen that General Morgan had been sent from
the English Turn to the right bank of the river, where an
intrenchment had been begun by Major Latour, but was
not completed. As it was probable that a simultaneous
attack would be made by the British on both banks of the
Mississippi, Jackson sent, on January 6, his aide, Colonel
John R. Grymes, to make a report upon the condition of
things on the right bank. Colonel Grymes advised Gen-
eral Morgan to place himself behind the levee and oppose
1815] BATTLE OF NEW ORLEANS 125
the landing of the enemy,8 but the advice was not heeded.
Commodore Patterson, on January 7, at night, observed
from the right bank lines of soldiers on the levee, and per-
ceived preparations for an attack. He therefore sent his
volunteer aide, D. R. Shepherd, to ask for reinforcements
for Morgan. Shepherd saw Jackson at one o'clock in
the morning of January 8, and the general ordered Gen-
eral Adair to send five hundred men from the Kentucky
militia to Morgan's camp. The detachment was com-
manded by Colonel Davis and arrived at Morgan's line at
four o'clock in the morning. Davis had then only two
hundred and fifty badly armed men.9 The others had re-
mained behind, exhausted with fatigue. The Kentuck-
ians had eaten scarcely anything and had walked five
miles in deep mud when they reached the American line
on the right bank. They were then immediately ordered
to advance against the enemy. Morgan's forces, on Janu-
ary 8, were about eight hundred men.
Colonel Thornton, who had been sent to attack Morgan
on the right bank with four cannon and six hundred men,
was delayed in crossing the river, but General Paken-
ham did not wait for that movement. He began his
march against the Americans before daybreak on January
8, and the signal for attack was given with Congreve
rockets. General Gibbs led the first column, with the
Forty-fourth in front, toward the wood, and met with a
terrible fire from the artillery of Garrigues de Flaujac
and of Spotts and Chauveau, and the musketry of the
Tennessee and Kentucky troops. The British Forty-
fourth, commanded by Colonel Mullens, had not brought
126 A HISTORY OF LOUISIANA [ibis
the fascines of sugar-cane and ladders, as ordered, and
was sent to the rear to get them. This produced some
confusion, but still the British column advanced bravely
amidst " a constant rolling fire, whose tremendous noise
resembled rattling peals of thunder." A detachment of
the Forty-fourth arrived with ladders and fascines, led
by Pakenham himself, but to no avail, for the gallant
commander-in-chief was wounded in the arm, his horse
was killed, several officers fell, and the column broke and
retired to the rear. Keane advanced with his Highland-
ers, and Gibbs's column was rallied and marched again to
the front, the soldiers throwing down their knapsacks.
The fire of the Americans had not slackened for one mo-
ment, and the British were again repelled with great
slaughter. Pakenham was again wounded and was car-
ried off to the center of the field, where, under a large oak-
tree, he soon died. Gibbs was mortally, and Keane se-
verely wounded, and Major Wilkinson took command of
the column. He succeeded in climbing up the breast-
work, but was killed on reaching the summit. Such was
also the fate of Colonel Rennie, who had attacked the
right of the American line, had entered into the unfin-
ished redoubt through the embrasures, and had bravely
mounted the breastwork, followed by two of his officers.
Rennie's column had advanced by the road and had driven
in the American outposts. They were received with the
tremendous fire of the New Orleans Riflemen and the
Seventh Infantry and by the batteries of Humphreys,
Norris, Dominique You, and Beluche. The column was
forced back in disorder and with great loss. The marine
1815] BATTLE OF NEW ORLEANS 127
battery on the right bank fired on Rennie's column until
attacked by Thornton's detachment.
According to Major Latour, the center of Jackson's
line, at least eight hundred men, remained almost entirely
inactive during the attack on the left and the right, as they
were too far from the enemy. Plauche's brave Creoles
could hardly be restrained from rushing to the left and
to the right to fire at the invaders, who had insulted them
by inviting them to betray their country. The batteries
of the British did little harm, but kept the American bat-
teries busy returning their fire. The fire of the musketry
on the plain of Chalmette ceased by half -past eight in
the morning. The slaughter of the enemy had been ter-
rible. Major Latour, who was an eye-witness to the
events he relates, says that " a space of ground extending
from the ditch of our lines to that on which the enemy
drew up his troops, two hundred and fifty yards in
length, by about two hundred in breadth, was literally
covered with men, either dead or severely wounded."
The British had fought with the greatest bravery, but had
been met with equal bravery by men who were defending
their country and who displayed that wonderful skill in
handling firearms for which the Americans have always
been noted. The total loss of the British on both sides of
the river was two thousand and thirty-six; that of the
Americans was seventy-one.10
The rout of the British was hailed with loud cries of
joy from Jackson's lines, and the American soldiers dis-
played their humanity by caring for their wounded ene-
mies. But the joy was changed into anxiety when it was
128 A HISTORY OF LOUISIANA [isis
known that Morgan's troops had been defeated, and that
the British might advance against New Orleans from the
right bank and attack Jackson from the rear. Morgan
commanded some Louisiana and Kentucky militia, and
was forced to retreat before Thornton's men. It appears
that Morgan's defeat was caused principally by his unwise
choice of his lines of defense on Raguet's Canal, as the
works were only two hundred yards in length, and could
be turned, the space to the right of the intrenchment being
protected only by a ditch. The soldiers were all raw mi-
litia and were poorly armed. The Kentuckians gave way
almost at the first attack and fled in disorder, after Major
Arnaud's one hundred men of the Sixth Louisiana mi-
litia, placed as vanguard, had retreated also, and Thorn-
ton followed them as far as Cazelard's Canal. Commo-
dore Patterson reports that, having been abandoned by
the force he relied upon to protect his battery, he had been
" most reluctantly and with inexpressible pain," after de-
stroying his powder and spiking his cannon, compelled to
abandon them. During the night the British crossed the
river and joined their comrades on the left bank. General
Lambert, who had become commander-in-chief, had with-
drawn Pakenham's defeated army from the battle-field.
On hearing of the events on the right bank, Jackson or-
dered General Humbert, a volunteer French officer, to go
to Morgan's aid with four hundred militia and to take
command of the troops and repel Thornton at any cost.
The enemy, however, retired from his position before the
Americans were prepared to renew the combat.
On January 9 a British squadron consisting of two
1815] RETREAT OF THE BRITISH 129
bomb-vessels, a brig, a schooner, and a sloop, which had
passed the Balize, bombarded Fort St. Philip, of which
the commander was Major Overton. The squadron was
not able to pass the fort, and on January 18 descended the
river.
On January 19 the American army perceived that the
British had retired from the Villere plantation. There
had been no attack on either side since January 8, except
some cannonading. A British physician brought a letter
on January 9 from General Lambert, " informing Gen-
eral Jackson that the army under his command had evacu-
ated its position on the Mississippi, and for the present
had relinquished every undertaking against New Orleans
and its vicinity."11 The British commander recom-
mended to Jackson's humanity eighty wounded men
whom he had not been able to remove. A few detach-
ments from the American army were sent to harass the
retreat of the enemy, who withdrew to their ships on
January 27 and sailed away from Louisiana. Precau-
tions were taken to protect the former encampment of the
British, and the Second Militia Regiment, a detachment
of Kentucky troops, and the Seventh Regiment were left
to guard the Villere and Lacoste plantations and Jack-
son's celebrated lines at Chalmette. The following letters,
written by the victorious general to the Secretary of War,
give Jackson's account of the battle of New Orleans. He
speaks very severely of the conduct of the Kentuckians
on the right bank, but these unfortunate soldiers have re-
ceived milder treatment from Major Latour and from
recent historians, who attribute their flight to their having
130 A HISTORY OF LOUISIANA [ms
been so poorly armed and exhausted by fatigue and want
of food:
Camp, Four Miles below Orleans,
January 9th, 1815.
Sir: During the days of the 6th and 7th the enemy had
been actively employed in making preparations for an attack on
my lines. With infinite labor they had succeeded on the night
of the 7th in getting their boats across from the lake to the
river, by widening and deepening the canal on which they had
effected their disembarkation. It had not been in my power to
impede these operations by a general attack — added to other
reasons, the nature of the troops under my command, mostly
militia, rendered it too hazardous to attempt extensive offensive
movements in an open country against a numerous and well-
disciplined army. Although my forces as to numbers had been
increased by the arrival of the Kentucky division, my strength
had received very little addition, a small portion only of that de-
tachment being provided with arms. Compelled thus to wait the
attack of the enemy, I took every measure to repel it when it
should be made, and to defeat the object he had in view. General
Morgan, with the Orleans contingent, the Louisiana militia, and
a strong detachment of the Kentucky troops, occupied an in-
trenched camp on the opposite side of the river, protected by
strong batteries on the bank, erected and superintended by Com-
modore Patterson. In my encampment everything was ready for
action when, early on the morning of the 8th, the enemy, after
throwing a heavy shower of bombs and Congreve rockets, advanced
their columns on my right and left, to storm my intrenchments.
I cannot speak sufficiently in praise of the firmness and delibera-
tion with which my whole line received their approach. More
could not have been expected from veterans inured to war. For
an hour the fire of the small arms was as incessant and severe as
can be imagined. The artillery, too, directed by officers who
1815] JACKSON'S REPORT 131
displayed equal skill and courage, did great execution. Yet the
columns of the enemy continued to advance with a firmness which
reflects upon them the greatest credit. Twice the column which
approached me on my left was repulsed by the troops of General
Carroll, those of General Coffee, and a division of the Kentucky
militia, and twice they formed again and renewed the assault. At
length, however, cut to pieces, they fled in confusion from the
field, leaving it covered with their dead and wounded. The loss
which the enemy sustained on this occasion cannot be estimated
at less than fifteen hundred in killed, wounded, and prisoners.
Upwards of three hundred have already been delivered over for
burial; and my men are still engaged in picking them up within
my lines, and carrying them to the point where the enemy are
to receive them. This is in addition to the dead and wounded
whom the enemy have been able to carry from the field during
and since the action, and those who have since died of the wounds
they received. We have taken about five hundred prisoners, up-
wards of three hundred of whom are wounded, and a great part
of them mortally. My loss has not exceeded, and I believe has
not amounted to, ten killed and as many wounded The entire
destruction of the enemy's army was now inevitable, had it not
been for an unfortunate occurrence, which at this moment took
place on the other side of the river. Simultaneously with his ad-
vance upon my lines, he had thrown over in his boats a considerable
force to the other side of the river. These, having landed, were
hardy enough to advance against the works of General Morgan,
and, what is strange and difficult to account for, at the very
moment when their entire discomfiture was looked for with a con-
fidence approaching to certainty, the Kentucky reinforcements,
in whom so much reliance had been placed, ingloriously fled, draw-
ing after them, by their example, the remainder of the forces,
and thus yielding to the enemy that most formidable position.
The batteries which had rendered me, for many days, the most
important service, though bravely defended, were, of course, now
abandoned; not, however, until the guns had been spiked. This
132 A HISTORY OF LOUISIANA [isw
unfortunate rout had totally changed the aspect of affairs. The
enemy now occupied a position from which they might have been
able to defeat, in a great measure, the effects of our success on
this side the river. It became, therefore, an object of the first
consequence to dislodge them as soon as possible. For this object
all means in my power, which I could with any safety use, were
immediately put in preparation. Perhaps, however, it was owing
somewhat to another cause that I succeeded even beyond my ex-
pectations. In negotiating the terms of a temporary suspension
of hostilities to enable the enemy to bury their dead and provide
for their wounded, I had required certain propositions to be ac-
ceded to as a basis, among which this was one: that although
hostilities should cease on this side the river until twelve o'clock
of this day, yet it was not to be understood that they should cease
on the other side; but that no reinforcements should be sent
across by either army until the expiration of that day. His Ex-
cellency Ma j or-General Lambert begged time to consider the
propositions until ten o'clock of to-day, and in the mean time re-
crossed his troops. I need not tell you with how much eagerness
I immediately regained possession of the position he had thus hap-
pily quitted.
The enemy, having concentrated his forces, may again attempt
to drive me from my position by storm. Whenever he does, I
have no doubt my men will act with their usual firmness and sustain
a character now become dear to them.
I have the honor to be, etc.,
Andrew Jackson.12
Camp, Four Miles below New Orleans,
January 13, 1815.
Sir : At such a crisis I conceive it my duty to keep you con-
stantly advised of my situation.
On the 10th instant I forwarded you an account of the bold
attempt made by the enemy, on the morning of the 8th, to take
M15J JACKSON'S REPORT 133
possession of my work by storm, and of the severe repulse which
he met with. That report, having been sent by the mail which
crosses the lake, may possibly have miscarried; for which reason
I think it the more necessary briefly to repeat the substance of it.
Early on the morning of the 8th the enemy, having been actively
employed the two preceding days in making preparations for a
storm, advanced in two strong columns on my right and left.
They were received, however, with a firmness which it seems they
little expected, and which defeated all their hopes. My men, un-
disturbed by their approach, which indeed they had long anx-
iously wished for, opened upon them a fire so deliberate and cer-
tain as rendered their scaling-ladders and fascines, as their more
direct implements of warfare, perfectly useless. For upwards of
an hour it was continued with a briskness of which there have
been but few instances, perhaps, in any country. In justice to
the enemy it must be said they withstood it as long as could have
been expected from the most determined bravery. At length,
however, when all prospects of success became hopeless, they
fled in confusion from the field; leaving it covered with their
dead and wounded. Their loss was immense. I had first com-
puted it at fifteen hundred; it is since ascertained to have been
much greater. Upon information which is believed to be cor-
rect, Colonel Hayne, the inspector-general, reports it to be
in the total two thousand six hundred. His report I inclose
you. My loss was inconsiderable, bJng only seven killed and six
wounded.13 Such a disproportion in loss, when we consider the
number and the kind of troops engaged, must, I know, excite
astonishment, and may not everywhere be fully credited; yet
I am perfectly satisfied that the account is not exaggerated on the
one part, nor underrated on the other.
The enemy having hastily quitted a post which they had gained
possession of on the other side of the river, and we having im-
mediately returned to it, both armies at present occupy their
former positions. Whether, after the severe loss he has sustained,
he is preparing to return to his shipping or to make still mightier
134 A HISTORY OF LOUISIANA [ms
efforts to attain his first object, I do not pretend to determine.
It becomes me to act as though the latter were his intention.
One thing, however, seems certain, that if he still calculates on
effecting what he has hitherto been unable to accomplish, he must
expect considerable reinforcements, as the force with which he
landed must undoubtedly be diminished by at least three thousand.
Besides the loss which he sustained on the night of the 23rd ult.,.
which is estimated at four hundred, he cannot have suffered less
between that period and the morning of the 8th inst. than three
hundred, having, within that time, been repulsed in two general
attempts to drive us from our position, and there having been
continued cannonading and skirmishing during the whole of it.
Yet he is still able to show a very formidable force.
There is little doubt that the commanding general, Sir Edward
Pakenham, was killed in the action of the 8th, and that Major-
Generals Keane and Gibbs were badly wounded.
Whenever a more leisure moment shall occur, I will take the
liberty to make out and forward you a more circumstantial ac-
count of the several actions, and particularly that of the 8th, in
doing which my chief motive will be to render justice to those
brave men I have the honor to command, and who have so remark-
ably distinguished themselves.
I have the honor to be, etc.,
Andrew Jackson.
P.S. — A correct list of my killed and wounded will be forwarded
you by the adjutant-general.
On January 21 the victorious general returned to New
Orleans with the remainder of his troops. The men who
had valiantly defended their country were received with
enthusiasm by the inhabitants of a city which had been
protected from a formidable invader. The new State,
through which flows the great and beautiful Mississippi,
proved in 1814 and 1815 that she was worthy of her older
1815] GENERAL ORDERS 135
sisters, and the American Union had no cause to regret
having added the star of Louisiana to her galaxy.
In his " Fifty Years in Both Hemispheres " Nolte
makes the following statement about cotton bales having
been used by Jackson in his intrenchments :
The General wished to erect five or six redoubts along the
Macarty Canal, but the miriness of the soil rendered all exertions
utterly fruitless. A French engineer then suggested to Jackson
the idea of filling up the hollowed redoubts with cotton bales, laid,
to the depth of three or four, one above the other. The wooden
platforms which were to sustain the heavy cannon, which had been
dragged from the arsenal, could then be placed upon the cotton
bales, and there secured, while the crenellated openings on both
sides of the redoubt could be constructed with six or eight bales
fastened to the main body of the redoubt by iron rings and cov-
ered with adhesive earth.
Nolte says that the cotton bales referred to, two hundred
and fifty in number, were his own property and were rec-
ognized by him on the battle-field. Major Latour, how-
ever, does not mention the cotton bales in his minute de-
scription of Jackson's lines as they were on January 8.
The following general orders are highly interesting and
are quoted in full, in order that all the valiant men who
took part in the campaign may receive the full praise they
deserve :
Headquartes, Seventh Military District, Camp below New
Orleans, Adjutant-General's Office,
January 21.
Before the camp at these memorable lines shall be broken up,
the General thinks it a duty to the brave army which has de-
136 A HISTORY OF LOUISIANA [wis
fended them, publicly to notice the conduct of the different corps
which compose it. The behavior of the regular troops, consisting
of parts of the Seventh and Forty-fourth regiments of infantry,
and the corps of marines, all commanded by Colonel Ross, has been
such as to merit his warm approbation. The Seventh Regiment
was led by Major Peire, and the Forty-fourth by Captain Baker,
in the action of the 23rd, in a manner that does those officers the
highest honor. They have continued through the campaign to do
their duty with the same zeal and ability with which it was com-
menced. On that occasion the country lost a valuable officer in
the death of Lieutenant McClellan of the Seventh Infantry, who
fell while bravely leading his company. Lieutenant Dupuy of
the Forty-fourth, although severely wounded in this action, re-
turned in time to take a share in all the subsequent attacks.
To the Tennessee mounted gun-men, and to the gallant leader,
Brigadier-General Coffee, the General presents his warmest thanks,
not only for their ' uniform good conduct in action, but for the
wonderful patience with which they have borne the fatigue and
the perseverance with which they surmounted the difficulties of
a most painful march, in order to meet the enemy — a diligence
and zeal to which we owe the salvation of the country. Ordinary
activity would have brought them too late to act the brilliant part
they have performed in the defeat of our invaders. All the
officers of that corps have distinguished themselves ; but the Gen-
eral cannot avoid mentioning the name of Lieutenant-Colonel
Lauderdale, who fell on the night of the 23rd, and those of
Colonels Dyer, Gibson, and Elliot, who were wounded, but, dis-
daining personal considerations, remained firm to their duty.
The cavalry from the Mississippi Territory, under the enter-
prising leader Major Hinds, was always ready to perform every
service which the nature of the country enabled them to execute.
The daring manner in which the}' reconnoitered the enemy on his
lines excited the admiration of one army and the astonishment of
the other.
Major-General Carroll, commanding the detachment of West
1815] GENERAL ORDERS 137
Tennessee militia, has shown the greatest zeal for the service, a
strict attention to duty, and an ability and courage that will al-
ways recommend him to the gratitude of his country. His troops
have, since the lines were formed, occupied and defended the
weakest part of them, and borne without a murmur an encamp-
ment on a marshy and unhealthy soil. In the memorable action
of the 8th January, the chief effort of the enemy was directed
against them, but their valor, and that of the brav3 men who
supported them (General Coffee's brigade on the left and a part
of the Kentucky troops on the right), soon made it clear that a
rampart of high-minded men is a better defence than the most
regular fortification.
General Adair, who, owing to the indisposition of General
Thomas, brought up the Kentucky militia, has shown that troops
will always be valiant when their leaders are so. No men ever
displayed a more gallant spirit than these did under that most
valuable officer. His country is under obligation to him.
The General would be ungrateful or insensible to merit, if he
did not particularly notice the conduct of the officers or men who
so bravely supported and so skilfully directed his artillery.
Colonel M'Rea, in the action of the 23rd, showed, as he always
does, great courage. Lieutenant Spotts, under whose immediate
direction our artillery had been placed, led it to action with a
daring courage worthy of admiration. Captain Humphreys com-
manded the first battery on our right. The service is greatly
indebted to that officer, not only for the able and gallant manner
in which he directed his fire, but for the general activity he dis-
played in his department. Lieutenant Norris of the navy, with
Mr. Walker Martin and a detachment of seamen, was stationed
at the second battery, and Lieutenant Crawley, with Mr. W. Liv-
ingston (master's mate), with a similar detachment, was sta-
tioned at a thirty-two pounder, which was remarkably well
directed. They performed their duty with the zeal and bravery
which has always characterized the navy of the United States.
Captains Dominique You and Beluche, lately commanding
138 A HISTORY OF LOUISIANA [isi5
privateers at Barataria, with part of their former crew and many
brave citizens of New Orleans, were stationed at Nos. 3 and 4.
The General cannot avoid giving his warm approbation of the
manner in which these gentlemen have uniformly conducted them-
selves while under his command, and of the gallantry with which
they have redeemed the pledge they gave at the opening of the
campaign to defend the country. The brothers Lafitte have ex-
hibited the same courage and fidelity; and the General promises
that the Government shall be duly apprised of their conduct.
Colonel Perr3', deputy quartermaster-general, volunteered his
services at No. 6. He was ably aided by Lieutenant Kerr of the
artillery; his battery was well served, bravely supported, and
greatly annoyed the enemy. Nos. 8 and 9 were directed by
Lieutenant Spotts with his usual skill and bravery, assisted by
Mr. Chauveau.
The General takes the highest pleasure in noticing the conduct
of General Garrigues de Flaujac, commanding one of the brigades
of militia of this State, and member of the Senate. His brigade
not being in the field as the invasion was known, he repaired to the
camp and offered himself as a volunteer for the service of a piece
of artillery, which he directed with the skill which was to be
expected from an experienced artillery officer; disdaining the ex-
emption afforded by his seat in the Senate, he continued in this
subordinate but honorable station, and by his example as well as
his exertion has rendered essential services to his country. Mr.
Sebastian Hiriart, of the same body, set the same example, served
a considerable time in the ranks of the volunteer battalion, and
afterward as adjutant of the colored troops. Major Plauche's
battalion of volunteers, though deprived of the valuable services
of Major Carmac,14 who commanded them, by a wound which that
officer received in the attack of the 28th of December, have realized
all the anticipations which the General had formed of their con-
duct. Major Plauche and Major St. Geme, of that corps, have
distinguished themselves by their activity, their courage, and their
zeal, and the whole corps have greatly contributed to enable the
1815] GENERAL ORDERS 139
General to redeem the pledge he gave, when at the opening of the
campaign he promised the country not only safety, but a splendid
triumph over the insolent invaders. The two corps of colored
volunteers have not disappointed the hopes that were formed of
their courage and perseverance in the performance of their duty.
Majors Lacoste and Daquin, who commanded them, have deserved
well of the country. Captain Savary's conduct has been noticed
in the account rendered of the battle of the 23rd, and that officer
has since continued to merit the highest praise. Captain Beale's
company of the city riflemen has sustained by its subsequent con-
duct the reputation it acquired in the action of the 23rd. Colonel
de La Ronde, of the Louisiana militia, has been extremely service-
able by his exertions, and has shown great courage and a uniform
attachment to the cause of the country.
General Humbert, who offered his services as a volunteer, has
continually exposed himself to the greatest dangers, with his
characteristic bravery, as has also the Mexican field-marshal, Don
Juan de Anaya, who acted in the same capacity. The General
acknowledges the important assistance he has received from Com-
modore Patterson, as well by his professional exertion, as the
zealous cooperation of his detachment during the whole course of
the campaign. Captain Henley, on board of the Carolina, and
afterward in directing the erection of several batteries at the
bayou and on the right bank of the river, was of great utility to
the army. Lieutenant Alexis, of the navy, stationed in the navy
arsenal, was indefatigable in exertions to forward to the army
everything which could facilitate its operations. His zeal and
activity deserve the notice of the government. Major Nicks, who
by an accidental wound was deprived of the pleasure of command-
ing the Seventh Regiment during the campaign, was continually
employed in the fort and furnished the ammunition and the artil-
lery that were wanted, with the greatest activity and promptitude.
To the volunteers of the Mississippi Territory, and to the militia
of the remote parts of this State who have arrived since the de-
cisive action of the 8th, the General tenders his thanks, and is
140 A HISTORY OF LOUISIANA [ww
convinced that nothing but opportunity was wanting to entitle
them to the praises that have been merited by the rest of the army.
Captain Ogden's troop of horse was particularly useful by their
local knowledge of the ground on which they acted ; and the
small detachment of the Attakapas dragoons, stationed near head-
quarters, were indefatigable in performing all the duties which
devolved on them.
The General would not do justice to his staff if he did not
bestow deserved praise on the adjutant-general, Colonel Butler,
and his assistant, Major Chotard, for their zeal and activity in
the important department of service confided to them, and for
the bravery which led them wherever danger or duty required
their presence. The vigilance, courage, and attention to duty
exhibited during the campaign by Colonel Haynes and his two
assistants, Majors Davis and Hampton, have been appreciated as
they deserved to be by the General.
The General's aides-de-camp, Thomas L. Butler and Captain
John Reid, as well as his volunteer aides, Messrs. Livingston, Dun-
can, Grymes, Duplessis, and Major Davezac de Castera, the judge-
advocate, have merited the thanks of the General by the calm
and deliberate courage they have displayed on every occasion
and in every situation that called it forth. The topographical
engineer, Major Tatum, exhibited all the ardor of youth in the
hour of peril, united to the experience acquired by his long
services. The chief engineer, Major Lacarriere Latour, has been
useful to the army by his talents and bravery. The same praises
are due to his assistants, Captain Lewis Livingston and Mr. La-
trobe. The medical staff has merited well of the country, and
the General would not do justice to his own feelings were he to
withhold from Dr. Kerr, hospital surgeon, who volunteered his
services, and Dr. Flood, the just tribute of applause deserved by
them for their medical skill and personal bravery. The quarter-
master's department, though deprived of the personal exertions of
Colonel Pratt, who was wounded in the night of the 23rd, per-
formed well their duties. Major-General Villere and Brigadier
1815] AN ENGLISHMAN'S OPINION 141
General Morgan have merited the approbation of the General by
their unwearied attention since they took the field.
The large mortar was ably directed by Captain Lefebvre and
by Mr. Gilbert. Captain Blanchard was very useful as an engi-
neer, and merits the General's praise for the celerity and skill
with which he erected the battery which now commands the river,
on the right of the camp. Mr. Bosquet and Mr. Ducoin, of
Major St. Geme's company, displayed great knowledge and dex-
terity as artillerists. To the whole army the General presents the
assurance of his official approbation, and his individual regard.
This splendid campaign will be considered as entitling every man
who has served in it to the salutation of his brother in arms.
By command,
Robert Butler,
Adjutant-General.1 5
George Robert Gleig, a British officer, author of " The
Subaltern," has given a very interesting and impartial
narrative of the campaigns of 1814 and 1815. Speaking
of the battle-field of January 8, he says :
Of all the sights I ever witnessed, that which met me there
was beyond comparison the most shocking, and the most humili-
ating. Within the narrow compass of a few hundred yards were
gathered together nearly a thousand bodies, all of them arrayed
in British uniforms. Not a single American was among them ; all
were English.
The author attributes this disaster at New Orleans to
three serious errors : The first was the delay in marching
against the city with the sixteen hundred men who had
reached Villere's plantation on December 23. The second
error was the selection of the schooner Carolina for de-
142 A HISTORY OF LOUISIANA [lew
struction instead of the ship Louisiana. The third was the
delay in bringing on a general action. It was also an
error to withdraw the troops of Thornton from the right
bank after Morgan's defeat on January 8. In the whole
war, adds Gleig, " we shall find little that is likely to
flatter our vanity or increase our self-importance." The
cause of the misfortunes of the British was, according to
him, that they had been habituated to despise the Ameri-
cans and to consider them an enemy unworthy of serious
regard. Jackson taught them a lesson which they have
not forgotten.
CHAPTER VI
After the Battle
Thanksgiving at the cathedral— Jackson's letter to Mayor Girod— The Legis-
lature omits Jackson's name in its vote of thanks to the soldiers— The
British capture Fort Bowyer— Jackson's unjust treatment of the French
in Louisiana— Louallier's letter criticizing Jackson— Arrest of Louallier and
of Judge Hall— Order to arrest Hollander— Orders to arrest Lewis and
Dick— Jackson condemned to pay a fine of one thousand dollars— President
Madison praises the Louisianians— Resolutions of Congress— Resolutions
of the Legislature of Louisiana— Bernard Marigny's " Reflections on the
Campaign of Jackson."
X January 19, 1815, Jackson had
written the following letter to the
Rev. Abbe Dubourg, administrator
apostolic of the diocese of Louisiana :
Reverend Sir: The signal interposi-
tion of Heaven, in giving success to our
arms against the enemy who so lately landed on our shores, an
enemy as powerful as inveterate in his hatred, while it must excite
in every bosom attached to the happy government under which
we live emotions of the liveliest gratitude, requires at the same time
some external manifestation of those feelings. Permit me, there-
fore, to entreat that you will cause the service of public thanks-
giving to be performed in the cathedral, in token of the great
assistance we have received from the Ruler of all events, and of
our humble sense of it.
With the greatest respect,
Andrew Jackson.
143
144 A HISTORY OF LOUISIANA [isis
January 23 was chosen for thanksgiving, and the day
was celebrated with great pomp. A triumphal arch sup-
ported by six columns was erected in the middle of the
square opposite the cathedral, and Plauche's uniformed
companies lined both sides of the way from the entrance
of the square toward the river to the cathedral. On the
right of the arch was a young lady representing Justice,
and on the left one representing Liberty. Two young
children holding a crown of laurel stood under the arch,
each on a pedestal, and from the arch young ladies were
ranged to represent the States and Territories. They
were dressed in white, wore a silver star on their fore-
heads, and were covered with transparent veils. Each
young girl held in her right hand a flag inscribed with the
name of the State she represented, and in her left hand
a basket adorned with blue ribbons and filled with flowers.
A shield, suspended from a lance fixed in the ground,
bore the name of the State or Territory represented by
the girl. The shields were linked together with verdant
festoons and extended from the arch to the cathedral.
General Jackson entered the square with his staff, from
the side fronting the river, and was received with salvos
of artillery. When he passed under the arch the two little
children presented to him the crown of laurel, and Miss
Kerr, who represented Louisiana, congratulated him in
an address. He then advanced toward the church, and
the young ladies representing the States and Territories
saluted him and strewed flowers in his path. The Abbe
Dubourg received him at the entrance of the church and
delivered a beautiful and patriotic address, in which he
1815] THANKSGIVING 145
thanked God for Jackson's splendid and uninterrupted
victories. The general replied very modestly, and thanked
Abbe Dubourg for the prayers that were offered up for
his happiness. He said he received with pleasure, in the
name of his soldiers, the symbolic crown that piety had
prepared, and he added that it was a source of the most
exquisite enjoyment to him that the deliverance of the
country had been effected with so little loss, and that not
a cypress leaf was interwoven in the wreath presented
to him. He was then conducted to a seat near the altar,
and an impressive Te Deum was chanted. A guard of
honor accompanied General Jackson to his quarters, and
the town and suburbs were magnificently illuminated in
the evening. The ceremonies in the square had been wit-
nessed by throngs of people.
During the stay of the British in Louisiana they had
carried off the cattle of plantations on the banks of the
Mississippi and at Terre-aux-Boeufs, and one hundred
and ninety-nine negroes, whom they never returned to
their owners, in spite of the representations made to them.
General Jackson took all precautions necessary to pro-
tect the State from a return of the enemy, and troops were
distributed at all the important posts. General Stephen
A. Hopkins was placed at Lafourche, and at the Temple
at Barataria, the former abode of Lafitte and his men,
Major Reynolds was posted. At Lake Tigouyou was
a regiment of valiant Creoles under Colonel Alexandre
La Branche. Jackson wrote letters to Major General
Villere urging him to "induce all those who take the
proper military pride to avail themselves of the occasion
146 A HISTORY OF LOUISIANA [wis
of inflicting a last blow on our enemy." General Villere
commanded at Camp Villere at Chalmette, and Colonel
Denis de La Ronde was second in command. On January
29, 1815, General Villere wrote in French the following
energetic and noble letter to the commander of the forces
of His Britannic Majesty lately stationed on the left
bank of the Mississippi :
Sir : I saw with calmness the excess of which the army that you
commanded rendered itself guilty. I was not even astonished at
the carrying off of my negroes. The conduct of the English in
the rest of the Union was known to me, but I was seized with
grief when my son, whose candor and inexperience you abused
to send me four hundred and ninety dollars — which one of the
commissaries of your army handed him by your order for the pay-
ment of my cattle, horses, furniture, and other objects — presented
to me that sum, and I trembled with indignation at an outrage of
which I had no idea. Maj or-General Jackson consents, at my
prayer, to send to you that money, to my eyes as despicable as
your way of acting is humiliating. You will not change conduct
for that, I know, but at least you will know the character of the
man whom you have offended.
I have the honor to be, etc.,
Jacques Villere,
Ma j or-Genera I . *
General Villere attended very diligently to the militia
after the departure of the British from the banks of the
Mississippi on January 19. Among other things he wrote
to Colonel Alexandre La Branche, who commanded the
Fifth Regiment of Louisiana militia, to be very vigilant
at Tigouyou, and he praised the zeal and activity which
1815] LETTER TO MAYOR GIROD 147
the colonel had displayed throughout the campaign.
From the 8th of January the levy en masse of the mili-
tia had been arriving by companies every day,2 and by the
end of January, according to the opinion of Major La-
tour, Louisiana was in a condition to defy double the
force by which she had first been attacked.
On January 27, 1815, General Jackson wrote a letter
to the mayor of New Orleans, Nicholas Girod, to thank
him for the services he had rendered in the time of peril,
and to make public acknowledgment of the merits of the
citizens of New Orleans. He said their courage and for-
titude were not more to be admired than their humane
attention to the sick and wounded, Americans and
British.
Seldom in any community has so much cause been given for de-
served praise ; while the young were in the field, and arrested the
progress of the foe, the aged watched over the city, and main-
tained its internal peace ; and even the softer sex encouraged their
husbands and brothers to remain at the post of danger and duty.
Not content with exerting for the noblest purpose that powerful
influence which is given them by nature (and which in your coun-
trywomen is rendered irresistible by accomplishments and beauty),
they showed themselves capable of higher efforts, and, actuated
by humanity and patriotism, they clothed by their own labor, and
protected from the inclemency of the season, the men who had
marched from a distant State to protect them from insults. In
the name of those brave men, I beg you, sir, to convey to them
the tribute of our admiration and thanks; assure them that the
distant wives and daughters of those whom they have succored
will remember them in their prayers, and that for myslf no cir-
cumstance of this important campaign touches me with more
exquisite pleasure than that I have been enabled to lead back to
148 A HISTORY OF LOUISIANA [wu
them, with so few exceptions, the husbands, brothers, and other
relatives of whom such women only are worthy.
I anticipate, sir, with great satisfaction, the period when the
final departure of the enemy will enable you to resume the ordinal
functions of your office, and restore the citizens to their usual
occupations. They have merited the blessings of peace by bravely
facing the dangers of war. I should be ungrateful or insensible
if I did not acknowledge the marks of confidence and affectionate
attachment with which I have personally been honored by your
citizens ; a confidence that has enabled me with greater success to
direct the measures for their defence ; an attachment which I sin-
cerely reciprocate, and which I shall carry with me to the grave.
For yourself, Mr. Mayor, I pray you to accept my thanks for
the very great zeal, integrity, and diligence with which you have
conducted the arduous department of the police committed to
your care, and the promptitude with which every requisition for
the public service has been carried into effect.
Connected with the United States, your city must become the
greatest emporium of commerce that the world has known. In
the hands of any other power it can be nothing but a wretched
colony. May your citizens always be as sensible of this great truth
as they have shown themselves at present ; may they always make
equal efforts to preserve the important connection; and may you
sir, long live to witness the prosperity, wealth, and happiness that
will then inevitably characterize the great seaport of the western
world.
I have the honor to be, etc.,
Andrew Jackson.
On February 2, 1815, the Legislature voted thanks to
" our brave soldiers from Tennessee, Kentucky, and the
Mississippi Territory, and their gallant leaders," and
Governor Claiborne inclosed the resolution in letters that
he wrote to Generals John Thomas, Carroll, Coffee, and
1815] THANKS OF THE ASSEMBLY 149
Adair, and to Colonel Hinds. In the resolution no men-
tion had been made of General Jackson, and in his an-
swer to Governor Claiborne, General Coffee used the
following expressions:
While we indulge the pleasing emotions that are thus produced,
we should be guilty of great injustice, as well to merit as to our
own feelings, if we withheld from the commander-in-chief, to
whose wisdom and exertions we are so much indebted for our suc-
cesses, the expression of our highest admiration and applause. To
his firmness, his skill, his gallantry — to that confidence and
unanimity among all ranks produced by those qualities — we must
chiefly ascribe the splendid victories in which we esteem it a
happiness and an honor to have borne a part.
These words of Jackson's brave lieutenant were a re-
buke to the Legislature for their apparent ingratitude in
ignoring the signal services of the victorious general.
The probable reason for this neglect was Jackson's in-
terference with the Assembly on December 28. Alexan-
der Walker, however, who expresses great admiration
for Jackson in his book, says that " a sense of dignity
more than a want of gratitude prompted this omission," 3
and he adds :
The calumny has obtained a place in all the volumes written
in reference to this affair, that the Legislature had really dis-
cussed and considered the expediency of surrendering the State
to the British. There is not a tittle of proof to sustain this
charge. ... It is not necessary to the greatness or fame of
Jackson that the population of New Orleans should be calumniated
and falsely accused. It is time, indeed, that those who have com-
mitted the error of logic, of truth and justice, should acknow-
150 A HISTORY OF LOUISIANA [wis
ledge and retract a slander and suspicion so peculiarly unjust
and inapplicable to the city which gave the most brilliant proof
of loyalty and devotion to the Union and Republic that can be
found in history.
The Legislature adjourned on February 6, 1815. On
the same day the British fleet was seen off Dauphine Isl-
and,4 and on the 7th, twenty-five vessels and thirteen
ships of the line cast anchor at a short distance from Fort
Bowyer. Troops were landed, batteries were erected, and
the siege was begun. On February 12 Colonel Lawrence
was compelled to capitulate, and the Americans evacu-
ated the fort. The glory gained by the British on this
occasion was inconsiderable, according to Major Latour's
opinion.
General Jackson's energy and determination on the
battle-field appear to have been changed to a spirit of
despotism after the victory had been won. His treatment
of the French inhabitants of Louisiana, and of Judge
Hall, evinces an arbitrary use of power which certainly
deserves our condemnation. Our chief guide for the his-
tory of that period is Judge Martin, whose narrative is
eminently impartial and sensible.5
On February 13, the day after the capture of Fort
Bowyer by the British, Admiral Cochrane wrote to Gen-
eral Jackson that he had received news that a treaty of
peace had been signed at Ghent. General Jackson an-
nounced the event to the people and to the army, but
warned them not to slacken their vigilance, as the infor-
mation might be a snare. On February 22 a copy of a
Charleston newspaper reached the city and confirmed the
1815] THE FRENCHMEN EXILED 151
news. Before the tidings of peace had been received the
general opinion in Jackson's army was that the enemy
would never return, and several Frenchmen who had
taken up arms with the approval of Tousard, their consul,
were desirous of returning to their homes, now that all
appearance of danger had vanished. Their families were
in want, in spite of the rations of bread and meat that the
City Council had distributed among the needy. Some
asked to be discharged by their officers, but Jackson re-
fused his consent. Thereupon many Frenchmen ob-
tained from their consul a certificate of their nationality,
which, after being countersigned by the general, enabled
them to leave the army. After a short time Jackson be-
lieved that the certificates were granted too easily by Tou-
sard, and he ordered him out of New Orleans. On Feb-
ruary 28 he ordered all the Frenchmen who possessed
certificates of their nationality, signed by the consul and
countersigned by the commander-in-chief, to retire above
Baton Rouge. After three days the names of such per-
sons remaining in the city were to be taken. This order
was cruel and unjust, and at the same time impolitic,
for some of the Frenchmen had rendered great services
as artillerymen and would be very useful, in case there
was a renewal of hostilities, which Jackson deemed prob-
able. Some of the best-known citizens of New Orleans
endeavored to persuade the general to rescind his order,
but to no avail. The Frenchmen were then advised to re-
main quietly in the city, and were assured that they
would be protected in their rights. Copies of Northern
newspapers reached New Orleans at that time, announc-
152 A HISTORY OF LOUISIANA [wis
ing that the treaty of peace had been received in Wash-
ington, and it was hoped that Jackson would not insist
on the execution of his order of expulsion. He per-
sisted, however, and the Frenchmen who had become
American citizens believed then that he was actuated by
feelings of dislike against the French population. Louis
Louallier, a member of the Legislature, who had dis-
played activity, zeal, and great patriotism, and who was
persuaded that the treaty of peace would be immediately
ratified by the Senate, published in the " Courrier de la
Louisiane " of March 3, 1815, the following " Commu-
nication " :
Mr. Editor: To remain silent on the last general orders,
directing all the Frenchmen who now reside in New Orleans to
leave it within three days, and to keep at a distance of one hun-
dred and twenty miles from it, would be an act of cowardice,
which ought not to be expected from a citizen of a free country ;
and when every one laments such an abuse of authority, the press
ought to denounce it to the people. In order to encourage a com-
munication between both countries, the seventh and eighth articles
of the treaty of cession secure, to the French who shall come to
Louisiana, certain commercial advantages, which they are to
enjoy during a term of twelve years, which are not yet expired.
At the expiration of that time, they shall be treated in the same
manner as the most favored nation — a peace which nothing is
likely to disturb, uniting both nations. The French have until
this moment been treated in the United States with that regard
which a great people deserves and requires, even in its reverses,
and with that good will which so eminently distinguishes the
American Government in its relations with foreign nations. In
such circumstances, what can be the motives which have induced
the commander-in-chief of the 7th district to issue general orders
1815] LOUALLIER'S LETTER 153
of so vexatious a nature? When the foreigners of every nation,
when the Spaniards, and even the English, are permitted to re-
main unmolested among us, shall the French alone be condemned
to ostracism because they rendered too great services? Had they
remained idle spectators of the last events, could their sentiments
toward us be doubted, then we might merely be surprised at the
course now followed in regard to them. But now, are we to restrain
our indignation, when we remember that these very Frenchmen who
are now exiled, have so powerfully contributed to the preservation
of Louisiana? Without speaking of the corps who so eminently
distinguished themselves, and in which we see a number of French-
men rank either as officers or privates, how can we forget that they
were French artillerists who directed and served a part of those
pieces of cannon which so greatly annoyed the British forces?
Can any flatter himself that such important services could have
so soon been forgotten? No, they are engraved in everlasting
characters on the hearts of all the inhabitants of Louisiana, and
they shall form a brilliant part in the history of their country;
and when those brave men ask no other reward but being permitted
peaceably to enjoy among us the rights secured to them by treaties
and the laws of America, far from sharing in the sentiments
which have dictated the general orders, we avail ourselves of this
opportunity to give them a public testimony of our gratitude.
Far from us be the idea that there is a single Frenchman so
pusillanimous as to forsake his country merely to please the mili-
tary commander of this district, and in order to avoid the proscrip-
tion to which he has chosen to condemn them; we may, therefore,
expect to see them repair to the consul of their nation, there
to renew the act which binds them to their countr}7. But sup-
posing that, yielding to a sentiment of fear, they should consent
to cease to be French citizens, would they> by such an abjuration,
become American citizens? No, certainly they would not; the
man who would be powerful enough to denationalize them, would
not be powerful enough to give them a country. It is better,
therefore, for a man to remain a faithful Frenchman, than to suf-
154* A HISTORY OF LOUISIANA [wis
fer himself to be scared even by martial law, a law useless when the
presence of the foe and honor call us to arms, but which becomes
degrading when their shameful flight suffers us to enjoy a
glorious rest, which fear and terror ought not to disturb.
But could it be possible that the constitution and laws of our
country should have left it in the power of the several commanders
of military districts to dissolve all at once the ties of friendship
which unite America to the nations of Europe? Would it be
possible that peace or war could depend upon their caprice and
the friendship or enmity they might entertain for any nation?
We do not hesitate in declaring that nothing of the kind exists.
The President alone has, by law, the right to adopt against alien
enemies such measures as a state of war may render necessary,
and for that purpose he must issue a proclamation ; but this is a
power he cannot delegate. It is by virtue of that law, and a
proclamation, that the subjects of Great Britain were removed
from our seaports and seashores. We do not know any law au-
thorizing General Jackson to apply to alien friends a measure
which the President of the United States, himself, has onty the
right to adopt against alien enemies.
Our laws protect strangers who come to settle or reside among
us. To the sovereign alone belongs the right of depriving them
of that protection, and all those who know how to appreciate the
title of an American citizen, and who are acquainted with their
prerogatives, will easily understand that by the sovereign I do
by no means intend to designate a major-general, or any other
military commander, to whom I willingly grant the power of
issuing general orders like the one in question, but to whom I
deny that of having them executed.
If the last general order has no object but to inspire us with
a salutary fear ; if it is only destined to be read ; if it is not to
be followed by any act of violence; if it is only to be obeyed by
those who may choose to leave the city in order to enjoy the pure
air of the country, we shall forget that extraordinary order; but
should anything else happen, we are of opinion that the tribunals
1815] LOUALLIER'S LETTER 155
will, sooner or later, do justice to the victims of that illegal
order.
Every alien friend who shall continue to respect the laws which
rule our country, shall continue to be entitled to their protec-
tion. Could that general order be applied to us, we should calmly
wait until we were forced by violence to execute it, well convinced
of the firmness of the magistrates, who are the organs of the laws
in this part of the Union, and the guardians of public order.
Let us conclude by saying, that it is high time the laws should
resume their empire ; that the citizens of this State should return
to the full enjoyment of their rights; that in acknowledging that
we are indebted to General Jackson for the preservation of our
city and the defeat of the British, we do not feel much inclined,
through gratitude, to sacrifice any of our privileges, and, less
than any other, that of expressing our opinion about the acts
of his administration ; that it is time the citizens accused of any
crime should be rendered to their natural judges, and cease to be
dealt with before special or military tribunals, a kind of institu-
tion held in abhorrence even in absolute governments; and that,
having done enough for glory, the moment of moderation has
arrived ; and finally, that the acts of authority which the invasion
of our country and our safety may have rendered necessary, are,
since the evacuation of it by the enemy, no longer compatible
with our dignity and our oath of making the Constitution
respected.6
Louallier's " Communication " greatly incensed Jack-
son, and he determined to have the author of it arrested
as a spy, to be tried by a court martial. Judge Martin
contends that, according to the rules and articles of war
published by Jackson on March 4, an American citizen
could not be tried as a spy by court martial, but for trea-
son by the ordinary process of law. Louallier was a
Frenchman by birth, but had become an American by
156 A HISTORY OF LOUISIANA [isu
naturalization. He was arrested at noon on Sunday,
March 5, at the Exchange Coffee-house, and requested
P. L. Morel, a lawyer, to attend to his case. Application
was made to the Supreme Court for a writ of habeas
corpus; but Judge Martin, a member of the court, de-
clared that, as the court was only one of the appellate
jurisdiction, it could not grant the writ. Morel then ap-
plied to Dominick A. Hall, of the United States District
Court, for a writ of prohibition, and later for a writ of
habeas corpus, which the judge issued. It seems that the
stern character of Hall had gained him many enemies, and
some of these persuaded Jackson that the judge had com-
mitted an offense punishable with death, as he had abetted
mutiny. The general immediately ordered Colonel Ar-
buckle, commander at the barracks, to arrest and confine
Hall. The latter was to be prosecuted according to the
seventh section of the articles of war, which is as follows :
Any officer or soldier who shall begin, cause, excite, or join in
any mutiny or sedition, in any troops or company, in the service
of the United States, or in any post, detachment, or guard, shall
suffer death, or such other punishment as by a court martial shall
be inflicted.
Hall was neither an officer nor a soldier, " but," says
sarcastically Judge Martin, " according to the jurispru-
dence of headquarters, the proclamation of martial law
had transformed every inhabitant of New Orleans into a
soldier, and rendered him punishable under the articles of
war."
Hall was arrested in his house at nine o'clock at night
1815] ARREST OF JUDGE HALL 157
and confined with Louallier in the barracks. Hall's
order for issuing the writ of habeas corpus was demanded
of Richard Claiborne, the clerk of the United States
District Court, but he answered that the rules of the court
forbade him to part with any original paper lodged in his
office. He was prevailed upon to go to headquarters,
and he told Jackson that it was his duty to issue the writ
and he certainly should do so. He was threatened with
arrest, but he repeated that he would obey the order of the
court. Jackson refused to return to him Louallier's pe-
tition, on the back of which had been written the order to
issue the writ. It seems that Hall had changed the date
on the document from the fifth, which was Sunday, to the
sixth, and it was believed by Jackson's counselors that the
judge might be prosecuted for forgery.
A little after midnight, P. L. B. Duplessis, marshal of
the court, who was a volunteer aide of the general, visited
headquarters, and the general announced to him that " he
had shopped the judge," and asked him whether he would
serve the writ. Duplessis answered that he would execute
the court's writ on any man. There was great excitement
during the night, and the events of 1806 were recalled,
when Wilkinson had attempted to assume dictatorial
power. A messenger had arrived in New Orleans, sent
by the Department of War to announce the exchange
of ratifications of the treaty of peace on February 17.
Unfortunately, by an accident, a wrong packet had been
given to the messenger, and the official intelligence of
peace did not reach Jackson. There was no doubt, how-
ever, of the conclusion of peace, for the messenger carried
158 A HISTORY OF LOUISIANA [isw
an order of the Postmaster to expedite him on his errand,
as he bore " information of the peace." Jackson him-
self was so certain of the fact that, on February 6, he
wrote to General Lambert suggesting a cessation of hos-
tilities. Martin says the general was thinking of " al-
lowing his fellow-citizens in New Orleans to anticipate
this happy return of peace," but persisted in his measures
of violence because Hall asked to see a magistrate who
would attend to his release. Impatient at any restraint,
Jackson refused Hall's request, and, on the suggestion
of some of his advisers, he ordered the arrest of Hol-
lander, a merchant of some note. No one has ever known
what was his offense.7 While it was being argued before
the Supreme Court whether a writ of habeas corpus
should be issued in favor of Hollander, the latter was
released by order of Jackson.
Hall's case brought about curious complications. The
United States attorney, John Dick, applied to Joshua
Lewis, one of the district judges of the State, for a writ
in favor of Hall. Lewis, who was an officer in the com-
pany of the Orleans Rifles, and had been praised by Jack-
son for his gallantry, " without hesitation, on the first call
of Dick, laid down his rifle and allowed the writ." There-
upon the commander-in-chief ordered both Dick and
Lewis to be arrested. Colonel Arbuckle refused to deliver
his prisoner, and Jackson countermanded the orders for
the arrest of Dick and Lewis.
On March 7 the court martial met for the trial of Lou-
allier. It was presided over by Major-General Gaines,
and on March 9 rendered its decision, which acquitted
1815] EXCITEMENT IN THE CITY 159
Louallier of the charge of being a spy. Jackson disap-
proved of the finding of the court, and released neither
Louallier nor Hall. Meanwhile, on March 8, the com-
mander-in-chief discharged from active service the mili-
tia which had assembled at the call for the levy en masse.
He also suspended the execution of the order of Febru-
ary 28 about the French subjects, after he had received
an address from the officers and men of the principal vol-
unteer militia corps of New Orleans, pledging them-
selves for the future behavior of the Frenchmen in the
city. The address had been presented to enable Jackson
to recede with good grace from the position he had taken,
which had become very critical. The excitement in the
city continued to increase, and all the bands of social
order appeared to have been dissolved.8 The decision of
the court martial about Louallier indicated plainly that
Hall could not be prosecuted successfully, and, there-
fore, on March 11, the latter was released from the bar-
racks, led by a guard several miles beyond the limits of
the city, and forbidden to return " till the ratification of
the treaty is regularly announced, or the British shall
have left the southern coast." Early in the morning of
March 13 the despatch that had been mislaid reached New
Orleans, and its arrival was announced by the firing of
cannon. The President had directed that all military
offenses be pardoned, and Jackson issued a proclama-
tion to that effect. Louallier was liberated, and Hall
returned to the city amid the acclamations of the inhabi-
tants, who " admired in him the distinguishing charac-
teristics of an American magistrate — a pure heart, clean
160 A HISTORY OF LOUISIANA [isu
hands, and a mind susceptible of no fear but that of
God."
On March 21, 1815, took place the trial of General
Jackson for contempt of court before Dominick A. Hall,
judge of the District Court of the United States. The
subject is unpleasant, and we shall not give any details of
the trial. The victorious commander acted with modera-
tion, and used his influence to prevent disorder. He was
condemned by Judge Hall to pay a fine of one thousand
dollars and costs. Jackson immediately signed a check
filled by Duncan, and handed it to the marshal. Judge
Hall was right to maintain the dignity of his court and
to resist despotic power, but he should have remitted the
fine which he had imposed on the hero of New Orleans.9
The latter, on leaving the court-house, was taken to the
Exchange Coffee-house in a carriage drawn by his
friends. There he made a speech that almost makes us
forget his arbitrary acts. He said that " during the in-
vasion he had exerted every faculty in support of the
Constitution and laws. On that day he had been called
on to submit to their operation, under circumstances
which many persons might have deemed sufficient to jus-
tify resistance. Considering obedience to the laws, even
when we think them unjustly applied, as the first duty
of a citizen, he did not hesitate to comply with the sen-
tence they had heard pronounced," and " he entreated the
people," says Judge Martin, " to remember the example
he had given them, of respectful submission to the ad-
ministration of justice." We prefer to see General Jack-
son on the ground which he had defended so well from
1815] RESOLUTIONS 161
December 23, 1814, to January 19, 1815. On the historic
lines, between Macarty and Chalmette, on March 16,
he passed in review some of the men who shared his glory,
and he listened to a patriotic address presented to him
by Major Plauche's battalion of volunteers. His com-
panions in arms thanked him once more for his distin-
guished services to the State and to the country, and
Beale's battalion did likewise.
President Madison, on March 13, requested Jackson
to express to his troops his great satisfaction with their
conduct, and added :
To our newly adopted fellow-citizens of Louisiana you will give
assurance of his [the President's] great sensibility to the decided
and honorable proof which they have given of their attachment
and devotion to the Union, and of the manly support of the
rights of their country.
The following resolutions were adopted unanimously:
Resolved, by the Senate and House of Representatives of the
United States of America, in Congress assembled : That Congress
entertain a high sense of the patriotism, fidelity, zeal, and courage
with which the people of the State of Louisiana promptly and
unanimously stepped forth, under circumstances of imminent
danger from a powerful invading army, in defence of all the
'"ndividual, social, and political rights held dear by man. Con-
gress 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 generos-
ity, benevolence, and humanity displayed by the people of New
Orleans, in voluntarily offering the best accommodation in their
power, and giving the kindest attention to the wounded, not only
162 A HISTORY OF LOUISIANA [ww
of our own army, but also to the wounded prisoners of a van-
quished foe.
Resolved, That the President of the United States be requested
to cause the foregoing resolutions to be communicated to his Ex-
cellency 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.
Resolutions giving the thanks of Congress to Major-
General Jackson and the troops under his command, for
their gallantry and good conduct in the defense of New
Orleans, were also adopted, as follows:
Resolved, by the Senate and House of Representatives of the
United States of America, in Congress assembled, That the thanks
of Congress be and they are hereby given to Maj or-General Jack-
son, and through him to the officers and soldiers of the regular
army, of the militia, and of the volunteers, under his immediate
command, and the officers and soldiers charged with the defence
of Fort St. Philip, for their uniform gallantry and good conduct,
conspicuously displayed against the enemy from the time of his
landing before New Orleans until his final expulsion from the
State of Louisiana; and particularly for their valor, skill, and
good conduct on the 8th of January last, in repulsing, with great
slaughter, a numerous British army of chosen veteran troops,
when attempting by a bold and daring attack to storm and carry
the works hastily thrown up for the defence of New Orleans, and
thereby obtaining a most signal and complete victory over the
enemy, with a disparity of loss on his part unexampled in military
annals.
Resolved, That the President of the United States be requested
to cause to be struck a gold medal with devices emblematical of
this splendid achievement, and presented to Maj or-General Jack-
son, as a testimony of the high sense entertained by Congress
1815] RESOLUTIONS 163
of his judicious and distinguished conduct on that memorable
occasion.
Resolved, That the President of the United States be requested
to cause the foregoing resolutions to be communicated to Major-
General Jackson, in such terms as he may deem best calculated
to give effect to the objects thereof.
Resolved, That Congress entertain a high sense of the valor
and good conduct of Commodore D. T. Patterson, of the officers
and seamen attached to his command, for their prompt and effi-
cient cooperation with General Jackson, in the late gallant and
successful defence of the city of New Orleans when assailed by
a powerful British force.
Resolved, That Congress entertain a high sense of the valor
and good conduct of Major Daniel Carmick, of the officers, non-
commissioned officers, and marines under his command, in the de-
fence of said city, on the late memorable occasion.
The Legislature of Louisiana adopted also resolutions,
which we reproduce in full, as they give an excellent idea
of the history of those troublous days :
Be it resolved by the Senate and House of Representatives of
the State of Louisiana, in General Assembly convened, That the
Legislature of the State of Louisiana deem it their duty to pro-
claim the facts hereinafter stated, as bearing testimony to the
zeal and patriotism that were displayed by the citizens in every
part of this State during the late invasion of the British.
At the first news of our danger, the militia, together with a vast
number of volunteers, flocked into New Orleans from every county
in this State. The planters on both sides of the river, within a
space of several leagues, either above or below town, furnished
thousands of their slaves, and sent them to every particular place
where their labor was thought necessary ; it was through the means
which were voluntarily granted by the planters that most of
164 A HISTORY OF LOUISIANA [ww
the artillery, ammunition, and provisions were transported; and
whenever detachments occasionally stopped at their plantations,
the latter met them with the most cordial reception, and they were
supplied with both food and forage as the same was wanting or
could possibly be procured.
It should be remarked, that even these planters, whose estates
had already been destro3red by the enemy, or had fallen into his
possession, far from being dismayed by the sad prospect before
them, had only been brought to that pitch of misfortune that
their love of their country might appear with greater lustre.
Thus at the same time that MM. Villere's, de La Ronde's, La-
coste's, and Bienvenu's sugar estates were laid waste, and made
a prey to conflagration, M. Villere, Sen., Maj or-General of our
gallant militia, went on a survey of the upper counties for the
purpose of hastening reinforcements, which at the first call pre-
sented themselves in readiness to march; and when, after his re-
turn to camp, he had once taken charge at the second line of the
post that had been assigned him, he was seen there invariably
to fulfil his duties with that wonderful tranquillity of mind which
a man having nothing to lose would have hardly been capable of ;
yet this gentleman, the head of a numerous family, could not but
know that one hundred slaves of his own were on his plantation
at the mercy of the British, and that all his movable property
had already been either plundered or destroyed.
His son, M. Villere, Jun., Major of the Third Regiment, after
having, at the peril of his life, effected his escape from the British
army, who had surprised him at his house, joined the forces that
marched to repel the enemy of the 23rd of December, and has
ever since performed an active duty.
The important position of Chef Menteur was protected by
Major Lacoste at the head of his corps, consisting of free men of
color, whilst his sugar estate was set to ruin and devastation.
M. Lacoste, Jun., his son, though deprived of the use of one arm,
nevertheless shared constantly with his brother soldiers the toils
and dangers of war.
1815] RESOLUTIONS 165
M. de La Ronde, colonel of the Third Regiment, though he
abstained from claiming that part of the service which his rank
entitled him to, did not disdain to serve as a guide, and with
imminent peril continued scouting in woods almost impracticable,
both in the flank and rear of the British, for the purpose of
reconnoitering and making known their position.
In town, Colonel Fortier, Sen., contributed in a great measure
to the more prompt departure for Chef Menteur of the free men
of color, already embodied, by furnishing them, at his own cost,
with such articles as they stood in need of. To him also the
country owes the forming and organizing a second corps of free
men of color, to whom the brave Savary was appointed a captain.
At his call, both captain and soldiers repaired to his house to be
enlisted. He personally attended to the arming and equipping
of them ; and through his exertions that company, under the com-
mand of Major Daquin, was enabled to take the field and to face
the enemy a few hours after its formation. M. Fortier caused
also several hundreds of muskets unfit for use to be repaired.
No sooner was it reported that a British squadron had arrived
on our coast, than the uniformed companies of the militia of New
Orleans, under the command of Major Plauche and Captains
P. Roche, St. Geme, Hudry, White, and Guibert, and the rifle
corps under the command of Captain Beale, who had some time
before tendered their services, were placed at the Bayou St. John,
to which point it was expected the enemy would attempt to pene-
trate. It was from that position those gallant companies marched,
with the rapidity of lightning, to the plains of Villere on the 23rd
of December, at the first appearance of the British.
They travelled nearly twelve miles with wonderful rapidity, and
fought with a bravery and resolution that would have done credit
even to experienced soldiers. The first and second regiments of
the militia of New Orleans, under the command of Colonels Dejan
and Zenon Cavelier, have conducted themselves, in the several
posts they were called upon to defend, with zeal and courage.
They have borne with patience the fatigue of painful marches,
166 A HISTORY OF LOUISIANA [isi*
occasioned by their being successively sent from one position to
another.
The Fourth Regiment, commanded by G. W. Morgan, their
colonel, was entrusted with the defence of Chef Menteur, upon
Major Lacoste's corps being withdrawn therefrom. They dis-
charged their duty in a manner that bade defiance to all possible
attempts on the part of the enemy to force that important pass.
Three volunteer troops of horse, the one of them from the Atta-
kapas, under the command of Captain Dubuclet, and the other
from Feliciana, commanded by Captain Smith, and the last from
Bayou Sara, under command of Captain Griffith, had already
arrived in town, prior to the landing of the British. Two more
troops of horse were immediately formed at New Orleans, headed
by Captains Cheveau and Ogden. The conduct of those several
corps, upon every occasion where their services have been called
for, deserves particular notice; and they were extremely useful.
Captain Dubuclet was wounded in the head by a musket-ball
while in the act of rallying some men in an engagement on the
right bank of the river.
General Thomas, General Hopkins, and General M'Causland,
at the head of the gallant militia under their command, hastened
by forced marches from their respective counties in order to assist
in defending the country.
General Garrigues de Flaujac, by his patriotism and the talents
he displayed whilst the capital was threatened by the enemy, has
earned the honor of being ranked among those who deserved well
of their country.
Whilst our gallant militia were employed in the defence of the
country at the several posts which had been assigned them, the
citizens more advanced in years, having voluntarily formed them-
selves into companies of veterans, attended to the preservation of
police and civil order in town. They greatly contributed by their
good countenance to dissipate the alarm created by the approach
of the enemy, and by their unwearied exertions they insured the
speedy and faithful conveyance to camp of such articles as were
to be sent there. They were also usefully employed in overseeing
1815] RESOLUTIONS 167
that many donations made by our fellow citizens should be both
applied properly and without confusion. At the head of these
respectable veterans appeared M. Debuys, Sen., their captain.
General Labatut had the command of the town. He performed
his task with a zeal and activity that*have done him infinite honor.
The Mayor and City Council of New Orleans, by the adoption
of measures that indicate their foresight and humanity, have
maintained our internal peace, and so far prevented a scarcity
of provisions to be felt in the town, to make it doubtful whether
the presence of the enemy in our neighborhood had diminished our
supplies.
The attention of Mr. Nicholas Girod, the mayor of New Or-
leans, in the mean while, was extended with great benefit to each
part of the service. All the means placed at his disposal were
applied in a manner that told of a skilful administrator. Such
families as were in actual distress were relieved and furnished
with provisions, agreeably to a decree of the City Council ap-
propriating a sum fully adequate to this purpose of benevolence.
The fair of New Orleans, without exception, eagerly undertook
a variety of needlework, for the use of the army. Many of them
who till then had been accustomed to do none but the nicest work,
did not disdain sewing cloaks of the coarsest woolens. They gave
both lint and linen for the use of the sick and. wounded.
The Ursuline nuns are also entitled to a particular notice.
They gave admittance within the walls of their monastery to as
many of the sick as could be conveniently lodged therein, and
afforded them every aid, conformably to the dictates of true
charity.
All the practising surgeons and physicians in the town have
acted so as to do the highest honor to their profession. Their
readiness in bestowing assistance to the military who wanted it
was such as did not permit them to wait till an application should
be made for their services. A sympathetic feeling led them sev-
eral miles below town to meet the wounded on the way and give
them immediate attendance.
A committee named by the same veterans above mentioned,
168 A HISTORY OF LOUISIANA [wis
whose patriotism was not merely confined to the performance of
the military duties they had willingly submitted to, on which
committee they had appointed namely Messrs. Fortier, Sen., Jh.
Soulie, and Mr. Louallier, a member of the House of Representa-
tives, was affording relief fo the sick and wounded with an in-
defatigable zeal: procuring subscriptions for the purchase of
clothing intended for our fellow soldiers, who had left their homes
unprovided for a winter campaign. A sum exceeding fourteen
thousand dollars was actually laid out for that laudable object,
including in it the appropriation of six thousand dollars made
by the Legislature.
Every member on that committee deserves the highest praise
for his perseverance and assiduity in fulfilling his task.
The enumeration of the corps and individuals who had given
so many proofs of patriotism and devotion to their country, ought
not to be closed without mentioning the Governor of this State,
whose efforts have constantly been directed towards cherishing the
happy disposition of the inhabitants, and whose authority to its
utmost extent has been employed in securing the success of the
measures adopted for the defence of this country.
Be it further resolved by the authority aforesaid, That each and
every person and collection of persons mentioned in the foregoing
statement are justly entitled to the gratitude of their country.
Be it further resolved by the authority aforesaid, That it shall
be the duty of the Governor of the State of Louisiana, in the name
of the said State, to present the corps of veterans of New Orleans
with a stand of colors bearing the following inscription : " Our
sons were repelling the foe, we attended to the safety of their
mothers and wives," and on the other side thereof will be seen a
river, with an eagle hovering over the same, and this inscription
on the river's bank, "For common use, and the benefit of all."
Magloire Guichard,
Speaker of the House of Representatives.
FlJLWAR SKIPWITH,
President of the Senate.
1815] END OF LAFITTE'S CAREER 169
Lafitte and his Baratarians had acted so well during
the British invasion that President Madison granted
them a pardon.
From 1815 to 1817 their movements were little known.10
They are believed to have cruised in the Gulf during that
time, and to have tried to establish themselves at Port
au Prince. In 1817 Lafitte's followers numbered about
forty, and on April 15 they went to the island of Galves-
ton and established a government, with all the usual offi-
cers, and took the oath of fidelity to the Mexican repub-
lic. They had no idea, however, of aiding Mexico in its
revolution, and their object was to capture Spanish prop-
erty. At the end of 1817 the number of the freebooters
was increased to one thousand, and they did immense
harm to Spanish commerce in the Gulf, and took posses-
sion of vessels of other nations also.
As the boundary question had not been settled, the
Spanish governor objected to the breaking up of the
pirates' nest, and Lafitte and his men continued unmo-
lested their life as bucaneers. They built a fort and
houses on the site of the present city of Galveston, and
formed a settlement named Campeachy. In October,
1819, Lafitte was made governor of Galveston, which had
been declared a port of entry by the newly proclaimed
republic of Texas. He hanged one of his followers, who
had robbed an American vessel; but in 1820 one of his
cruisers scuttled an American vessel in Matagorda Bay,
and Lieutenant Lawrence Kearny, of the Enterprise,
was sent in 1821 to destroy Lafitte's establishment. The
celebrated privateer, or pirate, as he really was at that
170 A HISTORY OF LOUISIANA [uu
time, received the American officer very courteously and
obeyed his orders. His fortifications were demolished,
his men disbanded, and he sailed away forever. He con-
tinued to cruise until 1826, when he died at Cilam, in
Yucatan, and was buried in consecrated ground. He is
described by an officer of the Enterprise as " a stout,
rather gentlemanly personage, five feet ten inches in
height, dressed very simply in a foraging-cap and blue
frock of a most villainous fit; his complexion, like most
Creoles, olive; his countenance full, mild, and rather im-
pressive, but for a small black eye which now and then,
as he grew animated in conversation, would flash in a
way which impressed me with a notion that ' II Capitano '
might be, when roused, a very ' ugly customer.' He was
evidently educated and gifted with no small talent for
conversation." Captain Beluche went to Cartagena
and became a commodore in the Bolivian navy.11 Cap-
tain Dominique You returned to New Orleans, and be-
came a useful citizen. When he died, several years later,
military honors were paid to his memory, banks and busi-
ness houses were closed, and flags on ships and public
buildings were placed at half-mast.12 His epitaph is still
to be seen on his tomb in the old St. Louis cemetery.
Among the distinguished men that took part in the bat-
tle of New Orleans we have mentioned the name of Gen-
eral Humbert. He was born at Bouvroy in Lorraine in
1755, and joined the army as a volunteer in 1791. 13 He
soon became a brigadier-general, and served in Vendee.
In 1798 he was commander-in-chief of the expedition to
Ireland, landed with a few men at Killola, and was over-
1815] GENERAL HUMBERT 171
whelmed by superior numbers and made prisoner. After
his liberation he took part in the unfortunate Santo Do-
mingo expedition, and soon afterward lost the favor of
Bonaparte. He came to America and lived for several
years in New Orleans, where he taught school.14 In
1816 General Humbert led a force of one thousand men,
of all nationalities, into Mexico to fight for the indepen-
dence of that country. He behaved gallantly, but was
unsuccessful, and returned to New Orleans in 1817. He
died in that city in 1823. He was an able and valiant offi-
cer and one of the handsomest men in the French army
at the time of the Revolution. Reuben Kemper, of West
Florida fame, was also an officer at the battle of New
Orleans.
We shall end this chapter with an abstract of Bernard
Marigny's " Reflections on the Campaign of General
Jackson." Marigny's services, as given by himself, were
as follows :
Member of the committee on defence named by the House of
Representatives in 1814; ex-President of the Senate of Louisiana;
member of the Convention which erected the Territory of Orleans
into a State in 1812 ; and member of the Convention of 1844 and
1845 which gave a new constitution to Louisiana.
Bernard Marigny, or de Marigny de Mandeville, was
born in New Orleans in 1785. He belonged to a dis-
tinguished family, and was for a time very wealthy. In
his pamphlet,15 published in 1848, he says that when Gen-
eral Jackson arrived in New Orleans in 1814 the popu-
lation rose en masse for defense. It would be impossible,
172 A HISTORY OF LOUISIANA [uu
he says, to mention a single Frenchman who abandoned
the country at the time of danger or refused to fight.
A committee of defense was named by the Legislature
and was composed of Marigny, Roffignac, and Louallier,
members of the House of Representatives. The old men
organized companies to guard the city and Fort St.
Charles, and Gaspard Debuys was named general of the
veterans. The ladies formed committees to procure
everything necessary for the wounded and for nursing
them, and private hospitals were established. The Leg-
islature requested all the inhabitants who possessed more
than one gun to place their firearms at the disposal of
the State. The Bank of Louisiana, yielding to public
demand, caused the dollars to be cut into four parts,
to prevent their being sent out of Louisiana, and to
multiply the means of providing for the wants of the
people. General Jackson was asked by the committee
of public defense to accept the services of Lafitte and his
men, but he refused, and it was Judge Hall who caused
the prosecution of the Baratarians to be stopped.
On December 28, 1814, Marigny met the Speaker of
the House, Magloire Guichard, in great distress, coming
down the steps of the government house. Guichard told
him, " We are accused of treason, for the doors of the
Legislature are closed by order of General Jackson."
Marigny says of this incident: "Those who knew this
good and respectable Magloire Guichard, a man already
aged, will they not say that it was madness to make of
him a conspirator? " 16 Marigny, in great anger, went
on horseback to Jackson's line, and spoke to him about
1815] MARIGNY'S "REFLECTIONS" 173
the closing of the doors of the Legislature. The general
took his hand and said: " Return to the city, reassure your
colleagues: all that is a misunderstanding. I was en-
gaged in fighting when I sent word to Governor Clai-
borne to ascertain whether the Legislature wished to
capitulate, and, in that case, to blow it up." Marigny says
that Declouet, who had spread the rumor about the
Legislature, was a suspicious but honest man who had
exaggerated a conversation he had had with Magloire
Guichard.
Marigny condemns the arrest of Louallier and Hall,
and says that the Senate of Louisiana was right not to
pass a bill to present a sword of honor to Jackson and to
approve all his acts while in the State. This would have
been striking at Hall and Louallier, who, after the gen-
eral's departure from New Orleans, continued to be es-
teemed by all the people. Marigny voted against the bill
in the House, but remained an excellent friend of Jack-
son, who stayed at his house during his visit to New Or-
leans in 1828.
In order to prove the injustice of the accusation
against the French in Louisiana in 1814 and 1815, Ma-
rigny enumerates their important services, as well as
those of the Creoles. He says :
To have a correct idea of the rank occupied by the Creoles and
the nationalized citizens of all nations, the reader must be in-
formed that on January 8 the Battalion of Orleans was commanded
by J. B. Plauche, a Creole of Louisiana; that it was composed
of five companies: Pierre Roche commanded that of Captain
Plauche, the four others had for captains St. Geme, Guibert,
174 A HISTORY OF LOUISIANA [wis
Hudry, and Maunsel White; these five captains were naturalized
citizens — four Frenchmen and one Irishman, Mr. Maunsel White.
St. Geme was the Ajax of the army; it was he who, on December
23, recommended to General Jackson the Rodriguez Canal as the
best point to be fortified.17 Mr. Latour, a Frenchman, a pupil
of the Polytechnic School, was one of the principal engineers of
the armjr. Pierre Lacoste, a Creole, commanded all the men of
color, but Major Daquin, Creole of Santo Domingo, commanded
the men of color of that colony, with whom was Savary, a Creole,
also of Santo Domingo, an officer under the French Republic,
and a man of recognized valor.
Davezac, a Creole of Santo Domingo, was aide-de-camp of
General Jackson; S. Hiriart, Charles Maurian, Fauchie Colson,
a naturalized Frenchman, served on the staff. Out of the ten or
twelve cannon in Jackson's line, six at least were directed by
Creoles of Louisiana or by Frenchmen — Beluche, Bellerive, Ray-
mond, Montegut were Creoles. Dominique You, the Lafittes, Cadet
Bouteille, Garrigues de Flaujac, and Chauveau were French or
naturalized ; Gambi was an Italian. General de La Ronde, who
had a perfect knowledge of the localities, as well as Major Villere,
his son-in-law, both Creoles of Louisiana, executed all the orders
which they received from the general-in-chief. In the Forty-
fourth, in the service of the United States, were a large number
of Creoles of Louisiana, officers as well as soldiers. Lieutenant-
Colonel Peire, Creole of Santo Domingo, a distinguished officer
who had been in the campaign in the Floridas, commanded the
Seventh Infantry of the regular army. The mortars were served
by Lefebvre, a soldier of the Republic under Bonaparte. The
cavalry squadron of New Orleans was commanded by Cheveau,
a naturalized Frenchman. Jcan-Baptiste Vigne, also a natural-
ized Frenchman, was the first lieutenant. The company of dra-
goons of Attakapas had for its chief Dubuclet. That company
was composed only of Creoles. Finally, the intrepid Humbert,
former General of the French Republic, sought death everywhere
and found it nowhere.
1815] MARIGNY'S "REFLECTIONS" 175
General Villere, a Creole of Louisiana, commanded the line at
Dupre Canal ; he had about twelve hundred men, three fourths of
them Creole militiamen from the parishes of St. John the Baptist,
St. James, Iberville, and Lafourche. At Chef Menteur were a
large number of Creoles of Louisiana and of naturalized citizens.
The artillery there was commanded by Bosque, a Creole of Loui-
siana. On Bayou Barataria, at the Temple and other important
points, there were more than four hundred Creoles.
Had the campaign lasted longer, with the levy en
masse of the militia, the majority of Jackson's army
would have been composed of Creoles or naturalized
Frenchmen. Of the men able to bear arms in New Or-
leans, in 1814 and 1815, there were, according to Ma-
rigny, only about three hundred of Anglo-Saxon race,
out of a total population of about eighteen thousand souls.
Marigny speaks very highly of Jean Blanque, a mem-
ber of the Legislature, and ends his interesting memoir
with a chivalric tribute of homage and respect to the fair
sex of Louisiana, among whom, says he, would have been
found, if necessary, another Joan of Arc to defeat the
English. In relating the events of 1814 and 1815, the
writer has endeavored to give praise to all the men that
deserved it, but he has wished to call attention specially
to the admirable behavior of the Louisianians of French
origin. This is but simple justice to men whose patriot-
ism had been suspected, and who proved that they were as
loyal Americans as the men of Tennessee and Kentucky.
CHAPTER VII
Period of Development
1815 to 1831
Period of tranquillity— Prosperity of Louisiana from 1815 to 1860 — Clai-
borne's farewell address — Election of Governor Vfller6 — Death of Claiborne
— Important laws in 1817 and 1818 — Early steamboats in Louisiana — Re-
striction of immigration— Abatement of party spirit— Debt of the State
extinguished — Report on public education in 1820 — The word slavery ap-
pears in a public document in 1820 — Robertson's fiery messages — Lotteries
authorized — Cold weather in 1823 — Lafayette in Louisiana in 1825 — Liv-
ingston's Criminal Code — Report on the overflows of the Mississippi — Meet-
ing of the Legislature at Donaldson ville in 1831 — Danger of disparity in
numbers between the white and the black population— Return of the Legis-
lature to New Orleans.
FTER the stirring events of Decem-
ber, 1814, and January, 1815, there
was for several years a period of
tranquillity in Louisiana, and we
may well call the State fortunate at
that time, for it had little political
history. From 1815 to the beginning
of the great Civil War, its history is one of internal devel-
opment. Agriculture and commerce flourished wonder-
fully. The cultivation of the sugar-cane was greatly
extended and plantations were established where for-
merly stood virgin forests. Cotton began to be cultivated
more extensively, and soon arose the peculiar civilization
of the wealthy planters, who lived on their vast estates in
176
1815] PROSPERITY 177
all the magnificence of feudal lords, governing their
slaves with justice, managing their plantations, attending
to the politics of their parishes and of the State, and,
above all, offering a bountiful hospitality to all who pre-
sented themselves at their door, rich or poor. In a short
time the sugar plantations represented a capital of forty
millions of dollars.1 Bore's energy and intelligence had
been fruitful, from the time when he succeeded in granu-
lating sugar in 1796.
As the Louisianians had proved in 1815 that they knew
how to defend themselves from a foreign foe, it was seen
that there was perfect safety in settling in the State, and
immigrants from the other States of the Union arrived in
large numbers to develop the northern and western par-
ishes. They settled also in the prairies southwest of the
Teche. In 1830 the population north of Red River and
west of the Ouachita was about two thousand souls.2 In
1845 that region contained not fewer than fourteen thou-
sand inhabitants. In 1830 Louisiana was an important
State with regard to agriculture and commerce, and in
1840 New Orleans occupied the second place in the coun-
try in point of commerce. The population which in 1815
was not more than ninety thousand, half of whom were
blacks, was more than four hundred thousand souls in
1845 and was seven hundred and eight thousand and two
in 1860. The progress of the State was uninterrupted
from the end of the war with Great Britain to the begin-
ning of the Civil War. Honest and efficient governors
administered the affairs of Louisiana under the old
regime. The State was represented in Congress by able
178 A HISTORY OF LOUISIANA [isig
men; the bench and bar and the members of the medical
profession were an honor to Louisiana, and an interesting
literature flourished both in French and in English. The
momentous events from 1861 to 1877 arrested the growth
of Louisiana; but the people have known how to regain
their independence and to start the State again on the
road of intellectual progress and material prosperity.
On January 8, 1816, the first anniversary of the battle
of New Orleans was celebrated with great pomp in the
city. By an act of the Legislature, on motion of Mr.
Roffignac,3 the governor had been requested to have a
Te Deum sung at the cathedral, and to invite the officers
of the Army and Navy of the United States to attend, as
well as the municipal and military authorities in the
State. It had been further resolved that the Legislature
should be present in a body.
On March 23, 1816, General Jackson arrived in New
Orleans, and he was honored on the Sunday following
with " salutes and congratulations demonstrative of the
respect due to the man who, under the protecting power
of Omnipotence, saved our city." 4 On the fourth of
July, 1816, a splendid dinner was given at Jackson Hall,
at which Judge Joshua Lewis presided and Colonel
Michel Fortier, Senior, was vice-chairman. The toast
to Jackson was as follows: "Major-General Andrew
Jackson — In the hour of danger our country was fortu-
nate in finding a second Washington." 5
In 1816 Claiborne's term of office as governor came to
an end. He had accomplished his work well, from the
memorable twentieth of December, 1803, when he stood
1816] CLAIBORNE'S FAREWELL 179
on the balcony of the Cabildo and saw the banner of the
United States rise proudly to the top of the staff erected
in the center of the Place d'Armes, to December 17,
1816, when he again became a private citizen of Louisiana
and of the United States. On November 20, 1816, he de-
livered his farewell address to the General Assembly, and
the last official words of the first governor of American
Louisiana deserve to be remembered. He congratulates
the State on the peace that reigns in the United States and
in Europe, and speaks of the immigrants who come to a
favored land, where the rights of conscience, of person,
and of property are secure. He calls attention to the ne-
cessity of a well-regulated militia, and adds :
But to guard against foreign aggression is not our only duty.
We should take at home every precaution to preserve unim-
paired for our posterity the rich inheritance of free elections, equal
representation, and just laws. The great instructors of mankind,
the faithful historians, inform us that free governments have
often been assailed by the hand of violence, and that an en-
lightened people can best maintain their rights against the am-
bition, the fraud and artifice, which are always lying in wait to
grasp them. I speak of that inordinate ambition which in all
ages has prompted men to rise to power and distinction on the
ruins of public liberty — of that fraud and artifice with which
tyrants of every grade veil their designs, but never so successfully
as among a people uninformed or unwatchful of their privileges.
The representatives, therefore, of a free State should consider the
diffusion of knowledge an object of primary importance, they
should give great publicity to the charter that defines with ac-
curacy and allots with precision the powers of the different
branches of government, to the laws severally enacted, and to the
various subjects that may from time to time occupy their delibera-
180 A HISTORY OF LOUISIANA [wis
tions. But, above all things, care should be taken to rear their
youths in the paths of virtue, science, and patriotism, that those
who are to succeed to independence and self-government may
know how to estimate, how to use, and how to conserve the great
heritage. The interests, then, of literature I hope will always be
fondly cherished, and the most liberal encouragement extended
to those worthy citizens who devote themselves to the instruction
of our children in the way they should go — in teaching the young
ideas how to shoot and the affections how to move.
In many points of view, gentlemen, this city is peculiarly en-
titled to your notice. It is your only seaport, and the great com-
mercial depot for Western America. The rapidity of its growth
is as inevitable as the magnitude and splendor which she must
ultimately attain. Hence the necessity of establishing and per-
fecting such municipal regulations as shall ensure to the many
thousands of persons destined to reside and to sojourn within its
limits the reign of law and order; as shall discourage vice and
incite to virtue; as may provide employment for the poor, relief
for the distressed, and, under the protection of Heaven, promote
the health and protract the life of man.
Gentlemen, the period to which the constitution limits my con-
tinuance in office will arrive in a few weeks. In the meanwhile,
I shall employ myself in bringing to a close such unfinished busi-
ness as requires my agency, and in preparing the executive de-
partment for a transfer to the respected and distinguished citizen
designated as my successor.
It is now the thirteenth year that I have assisted in adminis-
tering the government of this section of the United States ; and
when I look back to the scenes through which we have passed, no
one can be more sensible of the many obstacles encountered. In
the State in which I found affairs on my first arrival in Louisiana,
amidst the frequent changes of government that ensued, and the
difficulty of accommodating the laws to the wishes of a people dif-
ferent in language, in customs, in early habits, and on many sub-
jects discordant in sentiment and opinions, it became impossible
1816} CLAIBORNE'S FAREWELL 181
to pursue a course of conduct with which all would be satisfied.
A continued opposition therefore excited no surprise. I could only
hope, from the generous character of the citizens, that the great
majority would view with candor and receive with indulgence my
honest efforts to serve them. Feeling the weakness of human
nature, I am far from supposing it has not been my misfortune
to commit many errors. When I entered upon the public service,
I could only stipulate to discharge my duties zealously and faith-
fully to the best of my judgment. My conscience assures me that
this condition has been fulfilled, and with the most scrupulous
exactitude. In every situation of life I shall cherish the warmest
attachment for the interests of this State. I trust that no event
may occur to disturb her happiness ; that no untoward circum-
stances may interrupt her prosperity. Concord, harmony, and
mutual confidence sweeten the private and domestic circle; they
tend no less to give tranquillity and force and safety to political
communities. The solemn covenant by which Louisiana was ceded
to the empire of American liberty has been happily consummated.
The people have been received into the bosom of the American
Union, and with equal privileges. Let, then, no improper jeal-
ousies be fostered, no injurious distinctions be made. We are mem-
bers of one family, and all have the same common interest.
I cannot retire from the station to which the people of the
State were pleased to raise me, without tendering to them my
sincere acknowledgments. Had this station been free from every
embarrassment, I might not perhaps have justly estimated their
generous patronage, but in moments of my greatest difficulty the
proofs of personal confidence, and the ready support afforded me,
were such as can never be forgotten — they are deeply engraven
on a grateful heart.6
On November 19, 1816, the returns of election for the
office of governor were read, and General Jacques Villere
was found to have received twenty-three hundred and
182 A HISTORY OF LOUISIANA [isn
fourteen votes and Judge Joshua Lewis twenty-one
hundred and forty-five.7 The Assembly then proceeded
to the election of the governor, and Villere received
forty-three votes and Lewis three votes. Villere was
therefore proclaimed as elected Governor of Louisiana.
He had been an unsuccessful candidate for that office in
1812.
In January, 1817, Claiborne was elected to the United
States Senate, but he did not live to take his seat in that
body. He died on November 23, 1817, greatly regretted
by the people of Louisiana. The City Council, " most
sincerely participating in the grief which so great a loss
occasions among all good citizens, actuated by the senti-
ment of the most lively gratitude for the essential services
rendered by the late William C. C. Claiborne to the State
of Louisiana, and to the city of New Orleans in particu-
lar, when filling the functions of governor, and well con-
vinced that no less important ones were to be expected
from him as a Senator in Congress," adopted the follow-
ing resolutions :
Resolved, That the City Council will wear mourning for a week
in consequence of the lamented death of the Hon. William C. C.
Claiborne, and that they will attend his funeral in a body.
Resolved, also, that a monument shall be raised, at the expense
of the city of New Orleans, to the memory of that illustrious
citizen, and that a committee shall be charged to lay before the
Council the plan of that monument, and determine the inscription
to be placed on the same.8
The following communication appeared in the " Loui-
siana Courier," November 25, 1817:
1817] DEATH OF CLAIBORNE 183
Mr. William C. C. Claiborne died on the 23rd instant, after a
very long and painful disease, during which he preserved that
sweet temper and that kindness which had secured him the love
of all those who had an opportunity of being acquainted with him.
[His career is then related until his return to Tennessee from
Congress, and the communication continues.] Having returned
to Tennessee at the time when the suffrages of the citizens of the
Union were divided between Mr. Thomas Jefferson and Aaron
Burr, Mr. Claiborne was chosen as an elector, and the election of
Mr. Jefferson was no longer doubtful. It suffices to bring to
the recollection of every good American that it was Mr. Claiborne's
vote which gave them as President the enlightened citizen, the
virtuous philosopher, whose administration so essentially con-
tributed to the prosperity of America, to secure to his memory
that respect and gratitude due to citizens who rendered great
services to their country. Where is the inhabitant of Louisiana
who, on reflecting that it is to Air. Jefferson he owes the happiness
of belonging to the American Union, will not weep over the loss
of the man who secured his election to the Presidency ? The cession
of this country opened a new career for Mr. Claiborne; he left
the Mississippi Territory, of which he was governor, to fill the
functions of commissioner charged to administer Louisiana and
entrusted with all the powers which had been enjoyed by the Gov-
ernors and Intendants under the Spanish Government. Soon af-
terward Louisiana was formed into a Territory, and for ten years
Mr. Claiborne was its governor. His remarkable honesty, the
softness of his manners, and the evenness of his temper, made him
universally beloved. He exerted his influence in propagating that
inviolable attachment which he bore to republican institutions ; and
if we now hold a rank among the most patriotic States of the
Union, it is, in a great measure, owing to the example and pre-
cepts of Mr. Claiborne. The erection of the Territory of Orleans
into a State furnished to the Louisianians an opportunity of re-
warding his services by raising him to the first magistracy. His
administration during four years secured him new rights to public
184 A HISTORY OF LOUISIANA [wit
love and gratitude, and, the constitution of the State being op-
posed to his reelection, the General Assembly chose him as one of
our Senators in Congress. He was on the eve of rendering to
the country services no less essential than those which had hitherto
marked his political career, when death deprived America of a
most virtuous citizen, his family of a tender father and husband,
and his numerous friends of a good and worthy man. Louisiana
will long deplore the loss she has sustained, and she will never
cease to cherish the remembrance of him who so well deserved her
love and confidence.
Claiborne's predecessor as United States senator was
James Brown, who had succeeded Thomas Lloyd Posey
in December, 1812. Claiborne's colleague would have
been Eligius Fromentin, successor to Allan B. Magruder
in 1813. Henry Johnson, who became Governor of Loui-
siana in 1824, was elected to succeed Claiborne in the
Senate. General Villere took the oath of office as gov-
ernor before the two houses at twelve o'clock on December
17, 1816.
Jacques Philippe Villere was born in Louisiana in 1761.
He was the son of Joseph Roy Villere, one of the martyrs
of the Revolution of 1768 and of Louise Marguerite de
la Chaise, a granddaughter of Treasurer de la Chaise
during the French domination and of the Chevalier
d'Arensbourg. The family name was Roy, or Rouer de
Villere. When his father died, in 1769, Jacques Philippe
Villere was only eight years old. He was educated in
France at the expense of Louis XVI,9 and in 1780 was
appointed lieutenant of artillery in a regiment at Santo
Domingo. He resigned that office and went back to Loui-
1817] GOVERNOR VILLERE 185
siana, where he married Jeanne Henriette Fazende in
1784. He became a sugar-planter, and in his house the
British established their headquarters in December, 1814.
His services during the campaign were very valuable.
Before he was elected governor, Villere had occupied sev-
eral important places in Louisiana, and he was highly es-
teemed by the people. His administration from 1816 to
1820 was uneventful, but was marked by great pros-
perity.
In 1816 a distinguished man who had been in Loui-
siana several years paid the following tribute to the people
of New Orleans :
Much distortion of opinion has existed, and is not yet eradicated
in the other parts of the United States, respecting public morals
and manners in New Orleans. Divested of preconceived ideas
on the subject, an observing man will find little to condemn in
New Orleans, more than in other commercial cities, and will find
that noble distinction of all active communities, acuteness of con-
ception, urbanity of manners, and polished exterior. There are
few places where human life can be enjoyed with more pleasure,
or employed to more pecuniary profit.10
On January 1, 1817, a branch of the Bank of the
United States was opened in New Orleans, and in 1818
the State Bank of Louisiana was established with a capi-
tal of two million dollars.
The Legislature in 1817 and 1818 passed several im-
portant laws : * * The insolvent debtor could escape im-
prisonment by abandoning all his property to his credi-
tors; but the fraudulent bankrupt was incapable of
186 A HISTORY OF LOUISIANA [wit
occupying any place of honor or profit. The death
penalty was decreed against any person who should kill
another in a duel, but the penalty was never enforced. A
fine or imprisonment, at the discretion of the court, was
decreed against those who should seek to corrupt a judge,
or obstruct a public road, or keep a house of ill-fame, or
be accomplices to a crime after the fact. Several laws
were enacted concerning the Black Code.
In 1811 a charter had been granted to Robert R. Liv-
ingston and Robert Fulton for the exclusive privilege of
navigating the Mississippi with vessels propelled by
steam.12 A resolution was adopted by the Legislature in
1817 to inquire whether the charter should not be re-
pealed, and a very interesting report on the subject was
made on January 30, 1817, by P. L. Morel, chairman of
the committee on commerce and manufactures. Atten-
tion was called to the fact that in 1812 the citizens of
Louisiana witnessed for the first time the " magnificent
spectacle " exhibited by the steamboat New Orleans navi-
gating the waters of the Mississippi. " That sublime
invention " facilitated greatly the intercourse between the
most distant parts of the State, and diminished by one
fourth the rate of freight between New Orleans and
Natchez. In 1813 the Vesuvius was built, and in 1814 the
JEtna. Unfortunately, the New Orleans was wrecked in
1814, and the Vesuvius was burned in 1816. A new New
Orleans was built in 1816, and the Vesuvius sprang up
again from her ashes. The committee therefore thought
that the company should be encouraged by all possible
means. In less than four years they built five steamboats,
1818] VILLERE'S MESSAGE 187
which contributed to give life and prosperity to com-
merce.
In his message to the Legislature on January 6, 1818,13
Governor Villere said:
Only three years have elapsed since the United States were yet
contending against the pretended mistress of the seas, for the
preservation of their rights, the protection of their commerce, their
honor, and perhaps their independence. During that contest, the
most just which a republic ever waged against a powerful monarch,
we learned to appreciate those resources which a free and gener-
ous people can ever find in their patriotism and valor against the
most formidable enemies. Signal victories crowned on every side
the courage of our heroes. The world applauded our success and
learned to respect us. . . . The Louisianian who retraces the
condition of his country under the government of kings, can never
cease to bless the day when the great American confederation
received him in its bosom.
The governor says that soon the debt of the State will be
entirely paid and the taxes considerably reduced ; he asks
that new provisions be adopted concerning the crime of
dueling, which he calls a " prejudice worthy only of the
black ages" ; he refers to the yellow fever, which extended
its ravages over New Orleans in the summer of 1817, and
suggests that a lazaretto be established. Finally he men-
tions the death of Claiborne, " one of our best patriots,
one of our citizens the most distinguished for his virtues
and his talents, as well as for the services which he had
rendered to the country."
On March 5, 1818, Governor Villere sent another mes-
sage to the Legislature, in which he refers to the disorders
188 A HISTORY OF LOUISIANA [wi»
that took place in New Orleans in February, caused by the
prodigious increase of the population, and he recommends
that a regulation be adopted to protect the State against
the immigration of unprincipled foreigners.14 On Janu-
ary 6, 1819, the governor says in his message that party
spirit has almost entirely disappeared, and that hardly any
remembrance remains of " those dangerous distinctions
which had been created by idle prejudices between citizens
of different origins." 15 He reports that the militia is
being thoroughly reorganized; and that, owing to the
creation of the criminal court of the city of New Orleans,
there has been perfect security in the city. He says
the debt of the State has been reduced to ten thousand
dollars. He asks that a penitentiary be established, in
order that the unfortunate debtor be not confounded with
the condemned malefactor in the same prison. And he
makes a strong plea for better facilities for education,
suggesting that the science of public law be taught to
youth, even at the expense of the government, in order
that " children be taught from their tender age that they
are members of the Sovereign, that, as such, it is their duty
to contribute to the common good, to make all their exer-
tions for promoting the welfare of society, and to shun
whatever may disconcert its harmony, interrupt good
order, or disturb tranquillity."
In his message to the Legislature on January 5, 1820,16
Governor Villere passes in review the condition of Eu-
rope, predicts that liberty will soon triumph there, and
draws a pleasing picture of the condition of the United
States and of Louisiana, of which the population has
1820] THE DEBT EXTINGUISHED 189
trebled since the cession. He says, however, that the pros-
perity of the State would have been much greater if it had
not been visited by the scourges of war and yellow fever,
and he regrets that the lazaretto established existed but
for one year. The steamboats have carried the disease to
the highest situations bordering on the Mississippi, and
efficacious measures should be taken to prevent the conta-
gion from being introduced by ships coming from other
countries. The governor announces that the debt of the
State has been entirely extinguished, and that forty thou-
sand dollars remain in the treasury for current expenses.
He recommends the formation of a code of procedure
and the revision of the criminal laws, which are so anti-
quated that trial by battle is still allowed as in England,
although rarely resorted to in that country.
On November 22, 1820, Governor Villere sent his last
message to the Legislature.17 He gives good advice on
the subject of education, and says:
It is especially to be wished, that means might be discovered
of educating our youth in such a manner as to give the children
of all our citizens, of various origins, if not the same moral
features, at least a distinctive national character.
He takes the liberty of reminding the Legislature that
" the important and delicate functions of preceptors
ought to be generously paid." He asks that measures of
precaution be taken against yellow fever, which had again
ravaged New Orleans in the summer of 1820. He
does not agree with the medical faculty that the disease is
not contagious but constitutional, — that is to say, natural
190 A HISTORY OF LOUISIANA [isso
to the climate, — and he proves his assertion by mentioning
the fact that out of a large number of prisoners in New
Orleans not a single one was affected by the malady.
This was due to their having been sequestered from the
rest of the world and protected from immediate contact
with persons affected with the fever. The governor was
certainly wiser in his day than the whole medical faculty
of Louisiana. His services were appreciated by the
House, and on motion of Edward Livingston a commit-
tee was appointed to prepare an address expressive of the
approbation of the House and constituents of the gov-
ernor's administration, and " particularly of the impar-
tiality and moderation with which he has endeavored to
extinguish the spirit of party and promote union among
all the citizens of this State." The Speaker, Armand
Beauvais, appointed on the committee Livingston, Mo-
reau Lislet, and Philemon Thomas, and they reported
to the House, on November 24, a beautiful address,
which was adopted and presented to Governor Villere.
On November 21, 1820, the returns of elections were
read before the Legislature as follows: Thomas B. Rob-
ertson, nineteen hundred and three votes; Pierre Der-
bigny, eleven hundred and eighty-seven votes; A. L.
Duncan, ten hundred and thirty-one votes; Jean Noel
Destrehan, six hundred and twenty-seven votes. Robert-
son and Derbigny, according to the Constitution, were
proclaimed to be the candidates who were to be balloted
for ; but Moreau Lislet, in the name of Mr. Derbigny, de-
clared that the latter had too much respect for the will of
the people to be considered a candidate for governor, and
1820] EDUCATION 191
that he wished his friends to vote for Mr. Robertson.
Thereupon Thomas Boiling Robertson was elected gov-
ernor by the General Assembly. The new chief magis-
trate was a Virginian by birth, and had been the first
representative of the State in Congress in 1812. His
administration, like that of his predecessor, was marked
by no great event.
A joint committee of both houses, on December 11,
1820, made a report on public education,18 signed by
Laroque Turgeau from the House of Representatives,
and Bernard Marigny from the Senate. The report says
that although the University of the Territory was incor-
porated by the law in 1805, it was only in 1811 that funds
were really appropriated for that purpose and that the
College of Orleans and grammar-schools in the counties
were established. The committee lays stress on the neces-
sity for colleges, and recommends that three colleges be
added to the College of Orleans — one in Florida, one in
Acadia, and the other at some central place in the western
parishes. The College of Orleans was bound to admit
gratis fifty day scholars. It received from the State four
thousand dollars per annum, and the grammar-schools six
hundred dollars each. The committee was of opinion that
the annual appropriation for the College of Orleans
should be increased to six thousand dollars, and that of
each grammar-school to eight hundred dollars. Each of
the State colleges should admit gratis eight boarders, for
whose clothing, books, etc., the State would pay three hun-
dred and fifty dollars a year to each of the four colleges.
Each college should also admit gratis twelve daj^ pupils,
192 A HISTORY OF LOUISIANA [mo
and each grammar-school eight day pupils, to whom
would be furnished books, paper, and pens. The follow-
ing schedule of expenses was presented:
Twenty-six grammar-schools endowed with $800 each. . $20,800
Three new colleges, $4000 each 12,000
The College of Orleans 6,000
Expenses of clothing, washing, paper, books, etc., for
eight pupils in each college [four colleges] at $350. . 1,400
Total annual expenditure $40,200
For the purchase or erection of buildings for the three
proposed colleges, fifteen thousand dollars was to be ap-
propriated.
The College of Orleans, which began its existence in
1811, was closed in 1826. It was on a large tract of land,
on a portion of which stands now the church of St. Au-
gustin, at the corner of Hospital and St. Claude streets.
Charles Gayarre, the historian, was educated at the Col-
lege of Orleans, and he gives an interesting account of it
in his novel, " Fernando de Lemos." He mentions among
the professors Jules Davezac, principal in 1812; Roche-
fort, who was an enthusiast for poetry and Latin ; Teintu-
rier, the mathematician; and Joseph Lakanal, the last
principal, whose appointment to that office is said to have
injured the institution. Lakanal, however, was a very
distinguished man and had rendered great services in
France, at the time of the Convention, as chairman of the
committee on education. To him were due most of the
important measures adopted by the Convention with re-
1820] EDUCATION 193
gard to the Normal School, the Bureau of Longitudes,
and the primary and central schools. He voted for the
execution of Louis XVI in 1793, and this act is said to
have been the cause of his unpopularity as principal or
president of the College of Orleans. He was a member
of the Council of Five Hundred during the Directory,
and later was commissioner-general for the Rhine depart-
ment, where he displayed great activity. During the
Consulate and the Empire he was a teacher in Paris and
an inspector of weights and measures. At the restoration
of the Bourbons, Lakanal was proscribed as a regicide,
and went to the United States. Congress made him a
grant of five hundred acres of land, and Jefferson re-
ceived him cordially. He was elected president of the
College of Orleans, but resigned that office in 1825. He
established himself on a farm on Mobile Bay, and resided
there until 1837, when he returned to France. He passed
his last years in Paris, a zealous member of the Academy
of Moral and Political Sciences.19 Lakanal was born at
Sevres, France, in 1762, and died in Paris in 1845. A
few years ago a statue was erected to him, and several
Louisianians sent to France their little piece of marble
for the monument of a man who had honored Louisiana
by being president of her first college.
The College of Orleans closed its doors in 1826, and the
College of Louisiana was established at Jackson, East
Feliciana. This was succeeded by the Centenary College
of Louisiana. Great exertions were made for many years
to establish an efficient system of education, but the mis-
take was committed of appropriating large sums of
194 A HISTORY OF LOUISIANA [isso
money for colleges and secondary schools and compara-
tively little for primary and grammar schools. Mr. R.
M. Lusher, who was State superintendent of education
several years, says that from 1812 to 1845 inclusive,
" prior to the establishment of a general system of ele-
mentary free public schools, Louisiana expended for the
support of education $1,636,897.61," chiefly for foster-
ing academies and colleges.20 In 1834 the secretary of
state was made ex-officio superintendent of schools, to
receive reports from parish officers and have them brought
before the grand jury if derelict in their duties. In the
same year, 1834, Governor A. B. Roman uttered the fol-
lowing wise words :
Common schools, wholly free, are the only ones that can suc-
ceed under our form of government. They break down the odious
distinction which exists in those in Louisiana between the children
of the poor and those of the rich, they oblige the rich as well as
the poor to be interested in the selection of competent teachers to
take charge of them, and they offer the best of all possible guar-
antees, to wit : experience. This infallible teacher of all statesmen
of the land has proved that the project of educating the indigent
class gratuitously, in schools opened for the children of the opu-
lent, who pay for their instruction, is an illusion in a country
where the first ideas imbibed by man are those of liberty and
equality.
The public-school system of Louisiana was really
created by the Constitution of 1845. Before that date
there were in New Orleans several good private schools,
and the Medical College of Louisiana, which was char-
tered in 1835. In the parish of St. James the College of
1820] EDUCATION 195
Jefferson was opened in 1834, principally through the
efforts of Governor Roman.21 " It contained," says De
Bow, " a numerous body of able professors, averaged
during the last five years of its existence above two hun-
dred pupils, and could be compared without any disad-
vantage to any other institution of the Union." Unfor-
tunately, the main buildings were destroyed by a fire in
1842, and the institution did not recover from that shock
and soon closed its doors. The College of Jefferson be-
came the Louisiana College in 1855, and took again the
name of Jefferson in March, 1861. Its principal bene-
factor was the distinguished planter and philanthropist
Valcour Aime, of St. James parish, whose munificence
enabled the Marist Fathers, in 1865, to acquire the land
and buildings of Jefferson College and reopen it.
At Grand Coteau, at a beautiful spot in the Attakapas
country, the Jesuits established in 1835 the College of St.
Charles. The Ursuline nuns, who had moved into their
new building in 1824, continued to have a flourishing
school for girls. Education in Louisiana, from the time
of the cession to the year 1845, was not neglected, and it
is a mistake to believe that there were few educated per-
sons at that time. Some, especially the wealthy sugar-
planters, sent their sons to France to be educated. The
Louisianians are to 'be praised for their efforts in behalf
of education, although they made the mistake of attend-
ing more to academies and colleges than to public
schools. Laroque Turgeau and Bernard Marigny, in
1820, were animated with the best intentions, and their
report deserves respectful consideration.
196 A HISTORY OF LOUISIANA [im
On December 18, 1820, Thomas B. Robertson took the
oath of office and delivered his inaugural address.22 He
does not appear to have had a clear conception of the
duties of the three great departments of government,
when he says that the Legislature is the paramount au-
thority, and adds:
Here, in this great American democracy, the people respect
first themselves, then their legislators, and afterwards bestow on
their executive, judicial, and ministerial agents that countenance
which their talents and virtues may entitle them to receive.
The governor expresses the hope that a treaty concluded
with Spain will not be ratified, as it is paying too dear a
price for Florida to abandon Texas, to which " our title,"
according to the President and the Secretary of State,
" was as clear and indisputable as that to the city of New
Orleans itself." Governor Robertson says he can see
nothing in the political affairs of the country that can en-
danger the Union of the States, which " is necessary to our
respectability abroad and happiness at home," and yet he
refers to a " newly invented sympathy for a certain de-
scription of our population," and the ominous word
" slavery " appears for the first time in a state paper in
Louisiana. The governor approves of ex-Governor Vil-
lere's recommendations about protection against yellow
fever, although he has no decided opinion about contagion.
In his message of January 9, 1822, Governor Robert-
son complains of the defenseless condition in which the
General Government leaves Louisiana, and concludes a
rather uninteresting message with the expression of his
law] GOVERNOR ROBERTSON 197
" ardent admiration of the noble and successful struggle "
in Mexico and South America, and of his " abhorrence of
the modern champions of slavery and superstition " in
Europe. The governor impresses us as having been a
very ardent republican of the exaggerated type. His
messages are much more fiery than those of his prede-
cessor, and lack judicial calmness.
The annual messages of the governors give almost com-
pletely the history of the quiet times before the Civil War,
and there is little else to notice in the chronicles of those
days. In 1821 the first Methodist Episcopal Church was
organized. It had been preceded by the " First Presby-
terian Church of New Orleans," organized in 1818. Lot-
teries were then a popular way of raising funds for public
improvements and for charitable and religious organiza-
tions, and the Legislature freely granted the privilege.
In 1822 the Louisiana Legion was formed out of the vol-
unteer companies of New Orleans.
On January 6, 1823, A. B. Roman of St. James parish,
was elected Speaker of the House, and on January 7
Governor Robertson sent his message to the Legislature.23
He refers to the report of the Board of Health, and says
that if quarantine has produced no good effect it should
he abandoned on account of the hindrance to commerce.
He complains that the United States Government has
failed to dispose of a large quantity of land in the State,
thus impeding progress and internal improvement. He
says pirates and murderers are ravaging the neighboring
seas and that the defenses required are neglected by the
Federal Government. In another message the governor
198 A HISTORY OF LOUISIANA [las
speaks very sensibly about the market price of things, and
says he is opposed to regulating the price by law.
The year 1823 was marked by extraordinarily cold
weather. On February 16, after a summer heat, a severe
frost set in, " the water near the banks of the river was
frozen, and persons skated on the marshes. All the
orange-trees were killed, watermen in their boats, negroes
in their cabins, cattle in the forests, perished from cold." 24
Valcour Aime of St. James parish, in his exceedingly ac-
curate Plantation Diary, mentions the cold in February
as follows:
Weather pretty fair in February, until the 15th; thermometer
on the 15th, 10°, Reaumur, below zero. Ice was thick enough
on the batture to bear the weight of a person, and the cold so
intense that cane planted, which had not previously received rain,
froze in the ground.25
In 1823 the Legislature authorized the establishment
of six gambling-houses in New Orleans, on condition that
each should pay five thousand dollars for the benefit of the
Charity Hospital and of the College of Orleans.26
On January 5, 1824, Governor Robertson began his
message with words that remind us of the men of the eigh-
teenth century — of the Girondists and the Jacobins:
Fortunately for mankind, the principles on which liberty and
happiness depend, are, of all others, the most simple and easiest
understood. Strip them of the tinsel, clear them of the rubbish
with which they have been artfully surrounded by tyranny and
superstition, they exhibit themselves with a native grace, an at-
tractive charm, that none but the inveterately perverse have either
the inclination or the power to withstand.27
1824] ROBERTSON'S OPTIMISM 199
After this philosophical effusion, the governor gives very-
good advice. He asks for the repeal of laws authorizing
imprisonment for debt, and says with commendable
warmth :
The spirit of our government, the epoch at which we live, the
dictates of justice, and the feelings of every honest heart, all
revolt against this odious legacy of ages passed away.
We are glad to hear from Governor Robertson that the
General Government, since his last message, had attended
to the fortifications and military works of the State, and
that Captain David Porter, the hero of Valparaiso, had
hunted the pirates through their hiding-places and in-
flicted upon them the chastisement their crimes demanded.
But no relief had been obtained from the government
with regard to public lands. The season in Louisiana had
been eminently disastrous, owing to inundations and
storms, but the governor adds that the city in 1823 was
almost entirely exempt from contagious diseases, and he
paints a vivid picture of the future prosperity of Louisi-
ana. He concludes this topic by " summing up in one
ennobling word countless sources of happiness and exul-
tation,— we are Americans, citizens of the only free,
peaceful, and enlightened government on earth." He has
abhorrence of Europe. An atrocious war is raging in
Spain, and France, " once the friend of freedom and of
man," is binding chains on the Spanish people by help-
ing the despot Ferdinand VII. Greece alone com-
mands the warmest sympathy. The events in Europe in-
dicate hostility against free governments, and " are we
200 A HISTORY OF LOUISIANA [ism
not already told that our neighbors, in this continent of
America, are to be brought within the pale of legitimate
government, through the tender mercies of an unholy
band of crowned conspirators? " We agree entirely with
Governor Robertson in his opinion about Ferdinand VII
and the war for Greek independence, but we can
hardly understand why such subjects were brought to the
attention of the Legislature of Louisiana. They would
have been more appropriate in a message of the President
of the United States to Congress.
In December, 1823, James Brown resigned his seat in
the United States Senate to accept the office of minister
to France, and on January 15, 1824, Josiah Stoddart
Johnston received twenty -nine votes for senator, and Ed-
ward Livingston twenty-seven. Governor Robertson,
having accepted the appointment of judge of the United
States District Court, sent in his resignation as governor
on November 15, 1824, and Henry Schuyler Thibodaux,
president of the Senate, became acting governor. He
filled that office until December 13, 1824, when Governor
Henry Johnson was inaugurated.
Henry Johnson had been elected governor by the
Legislature on November 17, 1824. He had received
twenty-eight hundred and forty-seven popular votes;
ex-Governor Villere, eighteen hundred and thirty-one;
Bernard Marigny, fourteen hundred and twenty-seven;
and Thomas Butler, one hundred and eighty-four. Al-
though the choice from the two candidates receiving the
largest number of votes was vested in the Legislature, it
was really the popular votes that elected the governor, as
1824] GOVERNOR HENRY JOHNSON 201
the Legislature always followed the will of the people.
Dominique Bouligny was elected to succeed Henry John-
son in the United States Senate. He was the son of Don
Francisco Bouligny, who had come to Louisiana with
O'Reilly in 1 769. Governor Johnson, like Governor Rob-
ertson, was a Virginian by birth. His political career in
Louisiana was long, as he became again a representative
and a senator in Congress after the expiration of his
term as governor. He died in 1867, aged eighty-eight
years.28 Governor Robertson died in 1828.
On December 13, 1824, Acting-Governor Thibodaux
delivered a short but modest and sensible speech, and Gov-
ernor Henry Johnson delivered his inaugural address.29
He said that in the few years that had elapsed since Loui-
siana became part of the Union her citizens " have evinced
ample capacity for freedom and self-government." He
expressed the great pleasure it gave the people of the
State that General Lafayette should have consented to
become the guest of Louisiana as well as of the nation, and
he made the following reference to the newly propounded
Monroe Doctrine:
The policy adopted in relation to those nations struggling for
liberty, particularly those of southern America, who are more im-
mediately in our vicinity, whilst it displays a just sympathy for
the cause in which they are contending, evidences an active vigi-
lance to maintain our own independence, and to oppose any at-
tempt on the part of the combined sovereigns that may seem to
endanger it.
Governor Johnson's inaugural address is calmer than that
of Governor Robertson, and his words about the neces-
202 A HISTORY OF LOUISIANA [isss
sity of education and of moral and religious obligations
are well put.
The Louisiana State Bank was established in 1824, and
the State delivered to the institution bonds for two mil-
lion four hundred thousand dollars in payment of twenty
thousand shares. On January 22, 1825, General Carroll
visited New Orleans, and a committee was appointed by
the Legislature to express to him the sentiments of grati-
tude of the people of Louisiana. The general replied
with his characteristic modesty :
Gentlemen: I regret exceedingly that I am unable to do jus-
tice to my own feelings, in making my acknowledgments for this
unexpected mark of kindness on the part of the General Assembly
of Louisiana. The events to which you have been pleased to refer,
in relation to the defence of this city during the war, terminated
fortunately and gloriously. But Tennessee, whose militia I had
the honor to command on that memorable occasion, claims to her-
self no peculiar credit for the part she bore in the arduous and
interesting struggle. She was discharging a duty which she owes
to every State in the Union in case of invasion, and one which
she is persuaded Louisiana would reciprocate under similar cir-
cumstances with cheerfulness and alacrity. For myself, I have
nothing to say. I was an humble auxiliary to Jackson, whose
fame as a soldier will brighten with time, and to whom this coun-
try is more indebted for military services than to any other man,
Washington excepted.30
The general ended his address by thanking the Assembly
for their distinguished attention, and assuring them " that
hereafter, as formerly, should an emergency occur, my
best exertions shall be cheerfully given in support of
whatever may tend to promote the security, prosperity,
and happiness of Louisiana."
1825] VISIT OF LAFAYETTE 203
On January 27, 1825, J. Roffignac, mayor of New Or-
leans, sent to the House and to the Senate copies of a let-
ter from General Lafayette to the corporation of the city,
announcing his arrival in New Orleans early in the
spring. A joint committee of the Legislature and of the
City Council was appointed to concert measures for the
reception of the general. The steamer Natchez was sent
to Mobile by the city of New Orleans, to carry Lafayette
to Louisiana. On board the steamer was a delegation, at
the head of which was Joseph Armand Duplantier, an old
friend and companion in arms of the general. The
steamer arrived early on April 10 at Jackson's lines at
Chalmette, and Lafayette landed amidst the firing of ar-
tillery and the acclamations of a large crowd. Leaning
on the arm of General Villere and on that of Mr. Duplan-
tier, he was conducted to the house where Jackson had his
headquarters during the battle of January 8, 1815. He
was received by Governor Johnson, who addressed him as
follows: 31
General: Louisiana enjoys to-day the happiness of receiving
on her soil the man whom a whole people, by a unanimous voice,
has saluted with the glorious title of the guest of the nation;
the man who, fighting for the cause of liberty and humanity, shed
his blood for her long before she had appeared as a new star in
the federal constellation.
The governor alluded then to the progress made in half
a century by the States that were the immediate theater
of the war. He continued :
Louisiana will offer you a delightful and consoling spectacle,
which none of the other States have been able to present to you ;
204 A HISTORY OF LOUISIANA [isss
you will acquire there the sweet conviction that your generous
efforts for the cause of liberty have not been unfruitful for all
those who pride themselves on having with you a common origin.
This State, founded by Frenchmen, and of which the greater part
of the inhabitants are their descendants, enjoys fully, as a mem-
ber of the American confederation, that liberty for which you have
fought and shed your blood. The moderate and wise use that
the French have made here of that liberty, answers in a tri-
umphant manner those who have proclaimed them unworthy of
it, and who have calumniated you for having labored to obtain
for them that greatest of all benefactions. On the lands watered
by this superb river and by its tributaries, on which less than fifty
years ago civilization had not traced its luminous furrow, you will
find States formed spontaneously, strong in resources and in all
the vigor of youth. Where the Indian wandered in vast solitudes,
you will find fields covered with rich crops, flourishing cities, an
active commerce, and a population free and enterprising, culti-
vating everywhere with success the arts that ennoble man and make
the charm of social life. In calculating only the sum of present
happiness, you might still be satisfied; but in turning your eyes
toward the future, with what delight will you see the prosperity
continually increasing in future ages ! Rapid in its course, civil
and religious liberty will march without a pause; its exhaustless
energy will multiply everywhere its new creations, new States will
succeed each other, and millions of free men hidden in the
future will bless with the same fervor and the same enthusiasm
that animate us to-day, the illustrious philanthropists whose vir-
tues have raised the glorious edifice of American liberty. As first
magistrate, and speaking in the name of all Louisianians, I re-
peat to you, be welcome on this land discovered by your ancestors.
Lafayette replied as follows :
When I saw myself on this majestic river, within the limits
of this republic from which I received an invitation so honorable
1825] VISIT OF LAFAYETTE 205
and so affectionate, sentiments of American and French patriotism
united in my heart, as they were united in that happy Union
which has made of Louisiana a member of the great American
confederation, established for the happiness of several millions
of living men, for that of so many other millions yet to be born,
and for the example of the human race. But I feel an emotion
still greater on receiving, on this celebrated soil, in the name of
the people of this State, by the voice of its first magistrate, a
greeting so affectionate. It is here, gentlemen, that under the con-
duct of General Jackson, after a vigorous attack against the
enemy who was coming to invade this territory, the blood of the
sons of my revolutionary contemporaries was mingled with that
of the children of Louisiana, on the memorable day when an in-
comparable victory, if we consider the circumstances, ended in
such a glorious manner a war just in principle, and maintained
with glory on both elements.
You have kindly, sir, congratulated me on the satisfaction given
to me by the marvels I have witnessed and by those that remain
for me to see — satisfaction so much the more delightful for an
American veteran, that we find in these marvels irresistible -argu-
ments in favor of the principles for which we raised the banner
of independence and liberty. I thank you particularly for the
obliging and liberal observation which you have made, that in this
State one can be convinced of the aptitude which a French popu-
lation has of using wisely the benefits of a free government ; and
I take the liberty to add that one finds consequently in this
aptitude the proof of the part which the European despots and
aristocrats have had in the deplorable excesses that have delayed
thus far the establishment of liberty in France.
After Lafayette's address many persons, including vet-
erans of the War of the Revolution, were introduced to
him. Many ladies were present, and Bernard Marigny,
in their name, expressed their sentiments of admiration
206 A HISTORY OF LOUISIANA [issss
to the general. The whole party then marched toward
New Orleans and entered the citv amid two lines of
troops and the booming of cannon and ringing of bells.
In the center of the Place d' Armes was an arch of triumph
sixty-eight feet high, designed by Mr. Pilie. This was
ornamented with allegorical figures and bore the inscrip-
tion: " A grateful republic has dedicated this monument
to Lafayette." The general was received under the arch
of triumph by Mayor RofBgnac, who welcomed him in the
name of the people of New Orleans. Lafayette ex-
pressed his gratitude for the reception, and was taken
afterward to the Court-house, where Denis Prieur ad-
dressed him in the name of the City Council. The general
was then conducted to the City Hall (the present Ca-
bildo) , where he was to reside during his stay in New Or-
leans. From the balcony of the Cabildo he reviewed the
troops, among whom were fifty Choctaw Indians march-
ing in single file. The next day the general received the
visit of members of the Legislature and members of the
bar of New Orleans. The latter were led by Pierre Der-
bigny, who addressed Lafayette in their name. In the
evening the guest of Louisiana went to Caldwell's Eng-
lish Theater and to the Orleans French Theater, where he
was received with enthusiasm. Delegations from the
medical society, from the clergy, from the free men of
color who had fought under Jackson and many others,
called upon Lafayette. He attended a public ball and a
Masonic dinner, and received the visit of the venerable
Pere Antoine, the former Antonio de Sedella of the time
of the Spanish domination. Finally, on April 15, 1825,
1825] VISIT OF LAFAYETTE 207
the general embarked on board the Natchez and left New
Orleans. He stopped for a day at Baton Rouge, and was
greeted with as much enthusiasm as in New Orleans. He
visited the United States barracks, and there, instead of
military equipments, he found a large assembly of wo-
men. Lafayette was charmed with the new garrison at
the barracks, attended a public banquet in Baton Rouge,
and late at night reembarked on board the Natchez.
Governor Johnson accompanied him as far as the town of
Natchez, and a committee of four Louisianians remained
with him until he arrived at St. Louis.32
On January 2, 1826, Governor Henry Johnson told
the Legislature that he had made a tour through the
parishes and found everywhere harmony and good will.33
Symptoms of discord manifested themselves on some oc-
casions in New Orleans, but they were chiefly confined to
the columns of newspapers. The number of students at
the College of Orleans, says the governor, does not exceed
twenty, and it would be better to replace this institution
by a university where should be taught the sciences of
law and medicine, and other branches of learning, to those
who have already completed their scholastic studies. Par-
ticular attention is called to promoting the prosperity of
he city of New Orleans; a penitentiary is again recom-
nded, and vigilance is said to be needed along the fron-
tier on the Sabine, where disorders and depredations have
taken place. With regard to lotteries for State exigen-
cies, or for charitable, religious, or literary institutions,
Governor Johnson says that " it may deserve inquiry
whether it is expedient to resort, for any object whatever,
208 A HISTORY OF LOUISIANA [isar
to a mode of raising money so uncertain in its results, and
so extravagantly expensive when effectual."
The first session of the eighth Legislature was opened
in New Orleans on January 1, 1827. Octave La Branche
was elected Speaker, and on January 3 Governor John-
son sent in his annual message. This document refers
mainly to proposed internal improvements, such as canals
from the Mississippi to Lake Pontchartrain, to the At-
takapas and to Barataria Bay and the Island of Grande
Terre. Mention is made of the death of ex-Presidents
Adams and Jefferson, both of whom died on July 4, 1826,
and the governor suggests relief for the family of the lat-
ter. " Next to Virginia, his native land, no State in the
Union owes such a debt of gratitude to the departed sage
as Louisiana." The sum of ten thousand dollars was of-
fered to Jefferson's family by an act of the Legislature.
The punishment of the pillory for white persons was abol-
ished in 1827. In the same year the " Consolidated Asso-
ciation of the Planters of Louisiana " was established.34
Its capital was two millions of dollars, increased later by
five hundred thousand dollars. Its stock was secured by
mortgages on real estate and even on slaves. The planters
obtained money easily, and spent it freely. A few profited
by the system, but a large number were ruined.
On January 8, 1828, General Jackson was received by
the Legislature and welcomed by Governor Johnson as
the " Guest of Louisiana," as Lafayette had been in 1825.
Jackson was received also by the people of New Orleans
with enthusiasm.
At the first session of the ninth Legislature, which be-
1828] GOVERNOR DERBIGNY 209
gan on November 17, 1828, A. B. Roman was again
elected Speaker of the House, and Pierre Derbigny was
elected governor on November 18. His principal com-
petitor had been Judge Thomas Butler. The last mes-
sage of Governor Henry Johnson was unimportant ex-
cept with regard to the public lands. He says that of the
twenty-five millions of acres vacant at the time of the ces-
sion, only one hundred and eighty-two thousand acres had
been sold in 1828. The prosperity of the State had been
greatly retarded by the jurisdiction still exercised by the
United States over the public lands.
Pierre Derbigny was born at Laon, France, about
1778.35 Before being elected Governor of Louisiana he
had occupied offices in the Territory and in the State,
among them that of judge of the Supreme Court, which
was organized in 1813. " The first three judges of the
Supreme Court," says De Bow,36 " were Dominick A.
Hall, George Matthews, and Pierre Derbigny. Hall
soon resigned, discovering that his knowledge of civil
law was too limited for the office, and his place the year
after, 1815, was filled by Judge Martin. These jurists
were all eminent. Derbigny, it is said, united with all the
learning and science requisite to place him in the first rank
of jurists, the sterling integrity and unsullied honor that
made him an ornament of the bench. Judge Derbigny re-
signed his seat in 1820 in favor of Judge Porter."
Governor Derbigny was inaugurated on December 15,
1828.37 In his address he speaks of the great example of-
fered to the world by the people of the United States, and
mentions the prodigious increase in their strength, know-
210 A HISTORY OF LOUISIANA [ia»
ledge, and wealth in the short space of half a century.
In spite of so many advantages, and " in the full enjoy-
ment of the most extensive national liberty," discord had
reigned in the country. " Let us lay aside all animosities
arising from party feeling, all invidious distinctions of
origin and language." The governor advises economy
and a just proportion between expenditures and revenue;
he considers the question of education as of vital impor-
tance, and he announces the completion of the code of
criminal law by Edward Livingston. This was a volume
of eight hundred pages, and De Bow says of this work: 38
" Mr. Livingston made a great book, but one of little
practical utility. It consists of five divisions — a Code of
Crimes and Punishments, a Code of Procedure, a Code
of Evidence, a Code of Reform and Prison Discipline,
a Book of Definitions. In this undertaking Mr. Hoff-
man has said he has shown himself a philosophical legis-
lator, possessed of all the capabilities of the late Jeremy
Bentham, but without any of his objectionable peculiar-
ities, together with all the wisdom of Montesquieu, and
the animating and ennobling philanthropy of Beccaria."
Livingston prepared also an elaborate system of penal
law for the United States, which was printed by order of
Congress. This distinguished legislator was elected
United States senator from Louisiana in 1829, and in
1831 he became Secretary of State in Jackson's cabinet.
In 1833 he was sent to France as minister plenipotenti-
ary, to negotiate the indemnity of twenty-five million
francs for damages inflicted during the wars of Napo-
leon. Livingston died in 1836. He was born at Cler-
1829] LIVINGSTON'S CODES 211
mont, New York, in 1764. Mignet, the French historian,
pays him the following tribute : 39
In spite of the imperfections inseparable from such a great
work, the penal legislation of Livingston presents a vast and
superb whole. His four codes are coordinated, and complete each
other. They are like a vault, of which each stone would form the
key. If one were taken off, all would crumble down. He has
said so himself with the just sentiment of the merit of his book.
Indeed, Livingston, providing in general for the defence of so-
ciety with the sentiment of justice, proceeding to the pursuit of
crime with the respect of right, seeking the proof of facts with
taste for truth and need for certainty, and punishing the culprits
with desire for their reform, has composed a book that recom-
mends itself to the attention of philosophers as a beautiful sys-
tem of ideas, and to the use of nations as a vast code of rules.
In 1829 the New Orleans Gas Light Company was
incorporated, and a levee system throughout the State
was provided for by an act of the Legislature. The
Committee on Internal Improvements had made an in-
teresting report, on January 14, 1829, on the dangers of
inundation from the Mississippi. They said that the Leg-
islature had thought proper, some years ago, to author-
ize the stopping of the river Iberville at the points where
the Mississippi made a debouche. By straight lines the
river would make its course more direct to the ocean, but
it was another question how far the inhabitants of the
bends would like to be placed on false rivers. " It has
often been remarked that civilized man took possession
of the lower Mississippi too soon by upwards of one hun-
dred years. Had the delta remained unmolested by the
212 A HISTORY OF LOUISIANA [iss»
art of man to this day, the river would not perhaps over-
flow its natural banks at any points, where levees are
now created, and the face of the interior alluvial country
would have been much more elevated." The very high
embankments on the Po were mentioned by the commit-
tee, and they said that, if such a system is not to be relied
upon as respects the Po, it is certainly not sufficient to
restrain the wild fury of the Mississippi. With regard to
outlets, the committee's words are very judicious: "If
drains and sluices are to become in part our dependence,
these, following the laws which the parent stream imposes
upon them, will require embankments. When these be-
come insufficient, new drains and sluices will be required
from these outlets, and we shall have removed over and
over again all the features of the parent stream, less
strong in character, but strikingly portrayed in minia-
ture." The river may be straightened at some points,
but " may it not rush through some opposite bends and
meet the ocean by new routes? " " Before another year
the Mississippi may of its own will take leave of Red
River, which has so long been compelled to pay its tribute,
and may command the Atchafalaya to receive that tribu-
tary. By a sudden caprice, or by slower inroads, it may
break in upon Red River again, and once more accept its
waters." The committee recommend an appeal to the
General Government, and ask for the aid and services of
skilful engineers. The report is signed by W. S. Ham-
ilton, chairman.
Governor Derbigny's administration came to an end
suddenly on October 7, 1829. His horses ran away, and
1830] BEAUVAIS AND DUPRE 213
he was thrown from his carriage. He died five days
afterward, greatly regretted by the people, who appreci-
ated his ability and high character. The president of the
Senate, Armand Beauvais, became acting governor and
filled that office until January 14, 1830. In that year the
Legislature met at Donaldsonville, and its most impor-
tant act was the incorporation of the Pontchartrain Rail-
road Company, one of the earliest of its kind in the
United States.40 It was also decreed that an election of
governor be held in July, and that one of the persons
voted for should be elected governor by the Legislature
for the term of four years. Jacques Dupre, who had
been elected president of the Senate, succeeded Beauvais
as acting governor. He held the office one year, from
January, 1830, to January, 1831, and gave a rare ex-
ample of moderation in relinquishing it to A. B. Roman
before the full term of Governor Derbigny had expired.
Governor Dupre was noted for his excellent judgment.
The winter of 1830 was very severe, and the orange-
trees were again destroyed.41 The first session of the
tenth Legislature was begun at Donaldsonville on Janu-
ary 3, 1831.42 Among the members of the House
were W. C. C. Claiborne, a son of the former governor;
Charles Gayarre, the historian; Trasimond Landry, who
became lieutenant-governor of Louisiana; and Alcee
La Branche, who became Speaker of the House. Charles
Derbigny, a son of the late governor, was a member of the
Senate. Alexandre Mouton, of Lafayette, who was
elected Speaker of the House, was destined to play an
important part in the history of the State. The returns
214 A HISTORY OF LOUISIANA [issi
of the election for the office of governor were read, and
A. B. Roman was found to have received the largest
number of votes. His principal competitors had been
Armand Beauvais and W. S. Hamilton, whose report on
the floods of the Mississippi is mentioned above. He
had declined to come into competition before the Legis-
lature with Roman, who had obtained a larger popular
vote.
Acting-Governor Dupre referred in his message to the
Revolution that had taken place in France in 1830, and
to the uprising of the people in Belgium and Holland.
He spoke of the danger of the tariff on sugar being re-
pealed, and argued that the tariff was not merely an act
of generosity to Louisiana, inasmuch as the State im-
ported from other States from seven to eight millions of
dollars of provisions, goods, etc., and the whole agricul-
tural product of Louisiana for exportation was worth
between five and six millions of dollars. The acting gov-
ernor was in favor of prohibition of the further intro-
duction of slaves into the State, as the large disparity in
numbers between the white and the black population
could not be viewed with indifference or inattention.
" The annual suppty is gradually pouring in, and scarce
a ship arrives from the slaveholding States that does not
come freighted with a living cargo of vice and crime, to
be disgorged upon our shores and incorporated into our
domestic establishments." These are strong words, writ-
ten in 1831 by a slaveholder who understood the danger
to the State of a large slave population.
The Legislature refused to accept the apartments pro-
1831] SEEKING A CAPITOL 215
vided for their accommodation by the citizens of Don-
aldsonville. They had met in the Court-house on the first
day of the session, but had been asked to get another
building, as the next morning the roof of the Court-house
was to be taken off for repairs. As the Government
House was not ready for the use of the Legislature, and
there was difficulty in finding suitable quarters, the Gen-
eral Assembly adjourned, on January 6, to meet in New
Orleans on January 8. The question of a building ap-
pears to have been a pretext, according to the speech of
Bernard Marigny made in the Constitutional Conven-
tion of 1845 :43
Having promised the country members to remove the seat of
government from New Orleans to the country, some years since,
to give it a trial, we consented to remove the session of the Legis-
lature to Donaldsonville — that was the decision, and the location
was made there. Thanks to the delightful dreamers of those
days for the future prosperity of Louisiana, said the contractor ;
for he got fifty thousand dollars for the job of putting up the
State House. But what was the end of this scheme? The mem-
bers of the Legislature had scarcely assembled ere they began to
complain, and many even, it is said, cried with bitterness and
mortification at being cooped up in so small a place. Every steam-
boat that landed was boarded by the Legislature, almost in a
body, to know the news from town. Each day was to them an
insupportable burden. Each night was fraught with ugly dreams,
and each succeeding morning they would say, " I would not pass
another such a night for all the world." At last they all had a
dream. It seems one and all were taken in charge by Queen Mab,
and she clearly showed them that the walls of the new State
House were about to fall over their heads and crush them into
mummies. Oh, what a catastrophe ! Horrible, indeed ! We could
216 A HISTORY OF LOUISIANA [irai
not convince them to the contrary, and back they came to New
Orleans.
On their return to New Orleans, on January 8, both
houses repaired in a body to the cathedral for the cele-
bration of the anniversary of the battle of New Orleans.
CHAPTER VIII
Fifteen Years of Growth
1831 to 1846
Governor Roman's inaugural address — Address of congratulations to the
French people on the Revolution of 1830 — Cholera in 1832 — Resolutions
about nullification — Board of public works created — Riot in New Orleans
in 1834 — New Orleans divided into three municipalities — Financial troubles
— Progress of the sugar industry — Documents relating to Louisiana in the
archives at Paris — Constitutional Convention — Encouragement of literary
talent — Libraries in New Orleans in 1846 — Reorganization of the Louisiana
Historical Society— Growth of Louisiana as an American State.
NDRE BIENVENU ROMAN
belonged to a family established in
Louisiana about 1740. He was born
in St. Landry parish on March 5,
1795. His father, Jacques Roman,
was a native of Louisiana and raised
immense herds of cattle in the vast
prairies of the Attakapas country. He moved to St.
James parish when his son was a child, and became
a successful sugar-planter. Andre Bienvenu Roman was
educated at St. Mary's College, Baltimore. After his
graduation in 1815 he bought a sugar plantation in the
parish of St. James, and married in 1816. He was elected
to the House of Representatives in 1818, was Speaker
of that body four years, then parish judge two years, and
again Speaker of the House in 1830. After serving four
217
218 A HISTORY OF LOUISIANA [issi
years as governor, from 1831 to 1835, A. B. Roman was
reelected to that office and served from 1839 to 1843.
He displayed good judgment and unflinching firmness,
and was, without doubt, one of the ablest governors of
Louisiana. After his second term, Governor Roman re-
turned to his plantation and refused to reenter politics.
He was, however, a member of the Constitutional Con-
ventions of 1845 and 1852, and of the Secession Con-
vention of 1861. He was not a secessionist, but he re-
mained loyal to the State and was one of the three peace
commissioners sent to Washington by the Confederate
Government in 1861. After the Civil War Governor
Roman was appointed recorder of deeds and mort-
gages in New Orleans, and he died there suddenly while
walking in the street, on January 26, 1866. W. H.
Sparks says of him: 1 " Of all the Creole population, A.
B. Roman was, at this time, the most prominent and the
most talented. In very early life he was elected gov-
ernor of the State, and discharged the duties of the office
with great ability, and, after Claiborne, with more sat-
isfaction to the people than any man who ever filled the
office." As president of the draining-company, Gov-
ernor Roman planned a system of drainage that was very
helpful to New Orleans. His five brothers were men
of energy and indomitable courage, and so were his two
sons — Charles, who fought at Shiloh as acting major of
the Orleans Guards, and Alfred, who was distinguished
as a soldier, a man of letters, and a jurist.
The inaugural address of Governor Roman, on Jan-
uary 31, 1831, is well written and judicious.2 He says
1831] GOVERNOR ROMAN 219
he feels grateful that his election was not due to party
spirit, and he rejoices at it, because it proves " that in
Louisiana we are all Louisianians, and that we all belong
equally to the great American family." He refers to
affairs in Europe and to the growth of the liberal spirit,
and devotes a great part of his message to the question
of education and internal improvements.
On March 24, 1831, the House of Representatives
adopted an address to the French people, congratulating
them on the glorious Revolution of July, 1830.3 The
address was prepared by a committee of which Mr. Ga-
yarre was chairman. It is somewhat bombastic, but is
very interesting, and we quote a small part of it:
Frenchmen : Your triumph, which filled every portion of our
great American family with joy, was hailed with peculiar delight
in Louisiana. Yes, the voice of France, whether in glory or in
grief, ever finds an echo in Louisiana. We well know that France
ever fostered with maternal solicitude the prosperity of Louisiana.
When necessity separated her from her bosom, she confided her to
the nation most worthy of the trust, and no doubt felt an emotion
of pride when that country, which was once a colony of France,
rose to the station of a sovereign State, and when the American
star was seen glittering in her forehead.
Frenchmen, the congratulations we address you come from our
hearts. May we soon be able to offer similar ones to the other
nations of the earth. The man of destiny has declared it — a
revolution in France is a revolution in Europe ! Liberty is then
about to commence her triumphal march around the globe, and
we hope, if it be necessary, a French car will carry the divinity.
The address was to be printed on vellum paper and
forwarded to the American minister in Paris, to be pre-
220 A HISTORY OF LOUISIANA [issi
sented to the Chamber of Deputies. Lafayette, on Oc-
tober 8, 1831, wrote to William C. Rives, the American
minister in Paris, that the president of the Chamber of
Deputies had told him that an official communication
from the Legislature of a foreign state cannot, in France,
consistently be received, unless it passes through the
French executive, and that the matter ought to be settled
previously with the minister of foreign affairs, General
Sebastiani. The last-named said that the address, being
from a State Legislature with which, according to the
federal system, a foreign government could maintain
no direct relations, " however high the respect he enter-
tained for the House of Representatives of Louisiana,
he could not see how he could, with propriety, charge
himself with the communication of their address." This
is a curious matter, and we cannot help thinking that
our worthy legislators in 1831 allowed themselves to be
carried away a little injudiciously by their love for liberal
institutions. We could understand their congratulations
better if France had become a republic. They believed,
probably, that " Louis-Philippe was the best of repub-
lics " for France.
In 1831, from August 16 to August 17, a terrific storm
drove back the waters of the Gulf into the lakes and
bayous, and inundated New Orleans.4 Boats in the river
were thrown upon the levees, and great damage was done
in the city and in the country adjacent to the Gulf. In
1832, the Government House having been burned some
years previously, the State bought the old building of the
Charity Hospital in Canal Street, to make of it a State
1833] NULLIFICATION 221
House. In the same year a penitentiary was built at
Baton Rouge. The State, which had often been visited
with epidemics of yellow fever, suffered severely from
Asiatic cholera in 1832. In New Orleans more than five
thousand persons died, and yellow fever raged at the
same time. Many negroes on the plantations died from
cholera. " Jackson and cholera," says Debouchel,
quaintly, " met in the United States, exerting at the same
time their power."
On January 7, 1833, Alcee La Branche was elected
Speaker of the House of Representatives. He was a son
of Colonel Alexandre La Branche, and became later a
member of the United States House of Representatives
and American charge d'affaires in Texas.
Governor Roman, in his message of January 7, 1833,5
says that the cholera was more fatal in New Orleans than
in any other city in the Union. In the country its evils
were slightly felt. The Union Bank, organized in 1832,
has succeeded in preventing the disastrous results that
might have followed the withdrawal of large sums by the
Bank of the United States. The governor refers to the
nullification proceedings in South Carolina, and says
that they tend to destroy the very foundations of the
Union. " Such doctrines find no advocates in Louisi-
ana." The banking capital at the end of 1832 was $25,-
873,420. Governor Roman recommended the establish-
ment of an agricultural society. This was done, and
some years later the governor became the zealous and
efficient president of the society.
In accordance with the governor's message about South
222 A HISTORY OF LOUISIANA [iass
Carolina, a joint committee of the Senate and House,
of which Thomas C. Nicholls was chairman, presented,
on February 4, 1833, the following resolutions, which
were adopted:
Resolved, That the attitude assumed towards the government of
the United States by the State of South Carolina is justified
neither by necessity nor law ; that the whole course of her policy
is calculated to involve the Union in unnatural excitement, and
has a direct tendency to weaken the cause of liberty throughout
the world.
Resolved, That it becomes the duty, and it is the determination,
of Louisiana to support the integrity of the Union, when assailed
either by internal commotion or foreign aggression.
The resolutions were to be forwarded to the President
of the United States, to the governors of the States re-
spectively, and to the senators and representatives of
Louisiana in Congress.
The committee on Federal relations made a long report
and recommended the following resolutions:
1st. That nullification and secession are essentially revolu-
tionary measures, no less irreconcilable to that principle which
gives life and efficacy to our political institutions, an acquiescence
in the will of a majority, seeking only redress through an appeal
to an enlightened public opinion, than they are incompatible with
every sound principle of government.
2nd. That the tendency of the late measures of South Caro-
lina to bring State rights into disrepute is the point of view in
which they are not the least to be deplored or deprecated.
3rd. That an ardent attachment to the Union would induce
this Legislature to yield a hearty approval to any measure calcu-
1834] INTERNAL IMPROVEMENTS 223
lated to restore harmony, without outraging the rights of the
States on the one hand, or humiliating and degrading the con-
stitutional powers of the General Government on the other.
When viewed in the light of subsequent events, the
resolutions of the Legislature of Louisiana in February,
1833, sound strange indeed.
On December 9, 1833, Governor Roman announced to
the Legislature that cholera had that year ravaged nearly
the whole State with almost the same intensity as in 1832,
and that yellow fever had appeared in New Orleans when
the people had scarcely had time to congratulate them-
selves on their deliverance from the cholera.6 Fortu-
nately, the situation of Louisiana in December, 1833, was
again prosperous. The governor deplores the death of
Senator Josiah Stoddart Johnston, who perished in one of
the frequent steamboat accidents of that time.
On December 11, 1833, John McDonogh petitioned
the Legislature, praying to be authorized to educate cer-
tain slaves. On January 5, 1835, Governor Roman an-
nounced that a board of public works had been created in
1833 and referred to the numerous internal improvements
accomplished from 1831 to 1835. He said the exports of
Louisiana for 1835 would amount to more than forty
million dollars — five hundred thousand bales of cotton,
one hundred thousand hogsheads of sugar, and twenty-
five thousand hogsheads of tobacco forming the basis of
them.
In 1834 a riot in New Orleans was caused by the sup-
posed cruelty of a woman to her slaves. An immense
crowd attacked her house, and destroyed everything that
224 A HISTORY OF LOUISIANA [isss
was in it. Seven slaves were found chained and bearing
marks of cruel treatment. The woman succeeded in es-
caping the fury of the crowd, and went to live in France.
On January 12, 1835, Charles Gayarre was elected
United States senator, but he was unable, through ill-
ness, to occupy his seat in the Senate. On February 3,
1835, John R. Grymes made an attack on the person of
Alcee La Branche, Speaker of the House, while the lat-
ter was walking toward the chair. After a full investi-
gation of the facts, Grymes was brought to the bar of the
House and severely censured by the Speaker pro tempore.
Mr. Grymes, a Virginian by birth, was one of the ablest
lawyers in Louisiana. He succeeded, as attorney of the
city of New Orleans, in making good the city's title to the
Batture property. " By an agreement of all parties,"
says Sparks, " this Batture was surveyed into squares and
lots, and sold at public auction, and the money was de-
posited in the Bank of Louisiana, to the credit of the
Supreme Court of the United States, to abide the de-
cision of that tribunal as to the rightful ownership. The
decision gave it to the city. Grymes, as attorney for the
city, by order of the court, received a check for the money.
The bank paid the check, and Grymes appropriated one
hundred thousand dollars of it as a fee for his services,
and then deposited the remainder to the credit of the
Mayor and Council of the city." 7 Another great lawyer
in those days was Etienne Mazureau, a Frenchman by
birth, who was for many years attorney-general of Loui-
siana.
Edward Douglass White was elected governor by the
1835] GOVERNOR WHITE 225
Legislature, January 6, 1835. His competitor before the
people had been John R. Dawson. Governor White was
born in Tennessee, and was educated at the University of
Nashville. He had filled the offices of judge of the City
Court of New Orleans and representative to Congress
before his election as governor. He died in 1847. He
was the father of Justice E. D. White, of the United
States Supreme Court. During his administration Loui-
siana seemed to be " possessed with Bankomania," 8 as
Jefferson used to say, and several new banks were estab-
lished. In 1836 New Orleans was divided into three mu-
nicipalities, each declared to be a distinct corporation, and
governed by a council composed of a recorder and the
aldermen elected by the wards within the limits thereof.
There was one mayoralty, and a general council, com-
posed of the councils of the three municipalities, with
power to legislate on points of common interest, over
which the recorder of the first municipality presided.
There were twenty-four aldermen in the council of the
first municipality, ten in that of the second, and seven
in that of the third. The first municipality comprised
the region about the old French and Spanish town, the
second began at the Faubourg St. Mary, and the third
at the Faubourg Marigny. The mayor had a qualified
veto. The Faubourg St. Mary improved wonderfully,
thanks to the enterprise and perseverance of Samuel J.
Peters and James H. Caldwell. Peters was a merchant
and a Canadian by birth. Caldwell was a comedian by
profession, and a native of England. He built, in 1822,
the first English theater in New Orleans, the Camp Street
226 A HISTORY OF LOUISIANA [isst
Theater, and was the first to light the city with gas.
Peters and Caldwell were aided in their projects by-
Edward York, a merchant of the city.
In 1837 fourteen banks in New Orleans suspended
specie payments,9 and to replace small coin the three
municipalities issued bills varying in value from one bit
(escalin) to four dollars. Corporations and individuals
also issued bills. The new tariff had caused a deprecia-
tion in the price of sugar, and on some plantations cot-
ton was cultivated instead of sugar-cane. In 1834 Loui-
siana had produced one hundred and fifty-five thousand
bales of cotton; in 1837 the production was two hundred
and twenty-five thousand bales. There was a great deal
of speculation, and many failures took place. In 1838
the banks adopted good financial measures, and in 1839,
when Governor White retired from office, specie pay-
ments had been resumed and the financial crisis was
passed.
On February 4, 1839, A. B. Roman was inaugurated
for the second time governor of Louisiana. His com-
petitor had been Denis Prieur. In his inaugural ad-
dress he uses these noble and wise words: 10
I announced before the election, that I would be the Governor
of Louisiana, and not the chief of a party. I am proud to repeat
that declaration here. Recognizing in every citizen the right to
act and to think freely, in relation to the great political questions
which divide us, I shall know how to respect in others that inde-
pendence of opinion which I claim for myself. Those who think
that it is enough to be honest, capable, and faithful to the con-
stitution, in order to merit public employments, are themselves,,
in my opinion, unworthy of any.
1840] INVITATION TO JACKSON 227
Governor Roman was a Whig in politics, but he was
not a partisan. He was not one of those politicians who
declare that the spoils belong to the victor. He recom-
mended moderation and prudence in dealing with the
abolitionists, whose " incendiary doctrines " had been sup-
ported by the influence of some members of Congress
" whom it would not be unjust to regard as affected with
mental alienation." The governor referred to the in-
vasion of the soil of Louisiana by a body of armed men,
under the command of an officer of the republic of Texas,
who marched as far as Shreveport.
On January 7, 1840, Governor Roman sent to the
Legislature a message in which he treats of the financial
situation of Louisiana and of the United States. This
message gives excellent advice about the banking system.
Andrew Jackson was invited in 1840 by the citizens of
New Orleans to join them in the commemoration of the
victory of January 8, 1815. He accepted the invitation,
and the Legislature requested the people of New Orleans
to permit them to adopt the invitation to Jackson as that
of the whole State, and that he be regarded as the guest
of Louisiana, instead of the guest of New Orleans. Five
thousand dollars were placed at the disposal of a joint
committee of the Senate and the House, to defrav the
expenses of the celebration.
An agricultural society had been incorporated in 1833,
of which Governor Roman was president. Its head-
quarters were in the parish of St. James, on a small farm
that it had purchased. There were in Louisiana in 1840
five hundred and twenty-five sugar plantations, employ-
228 A HISTORY OF LOUISIANA [imo
ing forty thousand laborers and producing annually about
seventy million pounds of sugar and three hundred and
fifty thousand gallons of molasses.11 The price of sugar
was only three to four cents a pound.
The first species of the cane cultivated in Louisiana
was the Malabar, Bengal, or Creole. It was very sweet
and tender, but was easily frost-bitten and had such
prickly leaves that often the laborers and mules were
wounded by the thorns. The Tahiti species was intro-
duced about 1790, but it is not known by whom. The
third species, the ribbon cane, which superseded the
former varieties, was originally from Java. It was intro-
duced into Louisiana by Jean Joseph Coiron, who had
a plantation at Terre-aux-Boeufs. Mr. Coiron was a
native of Martinique, and had resided in Savannah,
Georgia. In 1817 he planted some of the ribbon cane
in his garden, and "in 1825 he bought a schooner-load
of them and planted them on his plantation. From this
plantation they were scattered over the entire State and
gave a new ardor to sugar culture. Its ability to with-
stand greater cold enabled the planters to open new plan-
tations further north, and this greatly enlarged the area
of cane-growing in Louisiana." 12 Although the sugar-
planters had to contend against great obstacles, such as
inundations, or crevasses, tariff fluctuations, and early
frosts, they were, as a whole, highly successful until 1862.
They were men of intelligence, of enterprise, and of tire-
less energy, and it is a great mistake to suppose they led
lives of idleness. They were as laborious as they were
honorable, hospitable, and charitable. They at first used
1840] THE SUGAR INDUSTRY 229
cattle-power, but in 1822 steam-power was introduced
and gave a great impetus to the industry.13 In 1818 the
crop was twenty-five thousand hogsheads, of about one
thousand pounds each, and in 1861 it was two hundred
and thirty-five thousand eight hundred and fifty-one long
tons.
The first planter that ever boiled syrups in vacuum-
pans in Louisiana was Thomas A. Morgan, of Plaque-
mines parish, in 1830. Gordon and Forstall, and Val-
cour Aime, of St. James parish, used the vacuum-pan
about the same time; but the latter, on account of his
numerous and costly experiments, is considered the pio-
neer in refining sugar directly from the cane-juice.14
Important articles on sugar and the sugar-cane are
to be found in " De Bow's Review," contributed by the
editor, by Valcour Aime, by Edmond J. Forstall, by
Judge A. P. Rost, and by Judah P. Benjamin.
The cotton crop in 1840 was about two hundred thou-
sand bales, of four hundred pounds each. In 1811 the
crop had been only five thousand bales. There were in
1840 three public canals, and ten railroads completed or
begun, and in New Orleans there were sixteen banks, with
forty branches in the parishes.
The Presidential election in Louisiana in 1840 was
very lively, and the Whigs won, the vote of the State
being cast for William Henry Harrison. The principal
Whig orators were Mazureau and Seargeant S. Prentiss,
of Mississippi, and of the Democrats John R. Grymes
and Pierre Soule. In 1840 imprisonment for debt was
abolished.
230 A HISTORY OF LOUISIANA [imi
In his message of January 4, 1841,15 Governor Roman
speaks of the intense political excitement of the last
Presidential election, and recommends the adoption of
a registry law for voters. He says the solvency of the
banking institutions in Louisiana is so well established
that the notes they issue, although not redeemed in specie,
are at a discount of hardly two per cent. " Their paper
is in demand throughout the State, and forms very nearly
the only circulation of a neighboring State." At the
beginning of 1839 the State owed to the banks seventy-
five thousand dollars; the debt in 1841 amounted to eight
hundred and fifty thousand dollars. Governor Roman
had vetoed several bills by which State bonds were to be
issued in favor of incorporated companies. As these bills
were supposed to be intended to foster internal improve-
ments, the governor was assailed by nearly all the news-
papers in the State, and is said to have been burned in
effigy in his native parish of St. Landry.16 The banks
suspended specie payments toward the latter part of 1841,
and there were great financial difficulties. Governor
Roman's firmness and excellent judgment in a financial
crisis were soon highly appreciated by the very persons
who had attacked him most violently. On the subject of
the vetoes the governor says: " It was in vain that I urged
on them [the members of the Legislature] that to incur
a debt or issue bonds, without providing at the same time
certain means for their payment, is to vote a tax from
which in the end the people cannot escape."
In February, 1841, one of the judges of the Supreme
Court absented himself from the State, and a joint com-
1841] HISTORICAL DOCUMENTS 231
mittee of the Senate and the House addressed a let-
ter on the subject to Francois Xavier Martin, senior
judge of the Court. The following extract from
the latter's reply shows the independent spirit of the
man: "With regard to the motives which induced the
court to grant him the leave, no one has a right to
inquire into them: the judiciary is one of the three co-
ordinate branches of the government, absolutely inde-
pendent from and irresponsible to either of the other
two."
On December 13, 1841, Governor Roman informed
the Legislature that there were in Paris a large number
of manuscripts relative to the colonial history of Louisi-
ana, and that he had obtained permission to have them
examined and copied. This work was done by a Louisi-
anian, and the governor recommended that a small ap-
propriation be made to pay for it. He added that the
papers in the archives in France shed new light upon the
annals of Louisiana. " It will appear, for instance, that
the true object of the conspiracy which O'Reilly deemed
it his duty to extinguish in the blood of its chiefs, was not,
as then proclaimed, to restore the dominion of France,
but to establish a republican government under the pro-
tection of England. So that Lafreniere and Villere were
the first martyrs of American liberty, and poured out
their blood in the attempt to establish a republic in Loui-
siana eight years before the Declaration of Indepen-
dence of 1776." The sum of one thousand dollars was ap-
propriated by the Legislature to pay for the copy of the
documents.
232 A HISTORY OF LOUISIANA [irc
On January 3, 1843, Governor Roman sent his last
message to the Legislature.17 He said:
I leave the office with which I have been honored, with the
painful conviction of having done very little for the good of the
State, and of having often failed in preventing what was injuri-
ous. It affords me some relief, however, to be able to say that I
have refused my signature to various bills which, but for my dis-
approval, would have added to the debts of the State the sum of
seven million one hundred and eighty-five thousand dollars, and
that the act which binds us to pay, without any consideration,
five hundred thousand dollars for the Clinton and Port Hudson
Railroad does not bear my name. My true consolation is in the
certainty that distress, in a country so endowed with every element
of prosperity and wealth, cannot be durable. . . . Louisiana must
yet be prosperous and happy, if the means which we still retain
are administered with that prudence and economy which should
have been always observed.
On January 30, 1843, Alexandre Mouton took the oath
of office as governor. His competitor had been Henry
Johnson. The new governor was born in the Attakapas
country, on November 19, 1804; he was a descendant of
Acadian exiles who had taken refuge in Louisiana after
their ruthless expulsion from their homes by Lawrence
in 1755. When elected governor he had had large ex-
perience in public affairs, having been Speaker of the
House and United States senator. He was president
of the Secession Convention of 1861. General Alfred
Mouton, killed at Mansfield in 1864, was his son. Gov-
ernor Mouton was a Democrat in politics. In his inau-
gural address he expresses his sentiment for State rights ;
he deplores the unfavorable financial situation of Loui-
1844] GOVERNOR MOUTON 233
siana, the State owing to the banks one million two hun-
dred thousand dollars, and for State bonds on which the
interest was unpaid. There were many other financial
obligations, but the governor says manfully:
We must meet the exigencies of our own times, and not throw
them upon our children ; their days will have their evils, dangers,
and trials, as ours have had. Then let us not worry them. The
present generation received our State and metropolis without a
stain and without a debt. Let us, as far as depends upon us,
transmit our heritage unimpaired to our successors.18
In July, 1844, an election was held for members of
a convention to revise the Constitution of 1812, the people
having voted by a great majority for such a revision.
The convention met at Jackson on August 5, 1844, but
adjourned on August 24 to meet in New Orleans on
January 14, 1845. It was in session until May 16, 1845,
and adopted a constitution.
Among the members of the convention were the fol-
lowing: Ex-Governor A. B. Roman, John R. Grymes,
Felix Garcia, Duncan F. Kenner, Joseph Walker,
Pierre Soule, Bernard Marigny, George Eustis, Chris-
tian Roselius, William C. C. Claiborne, C. M. Conrad,
Judah P. Benjamin, Antoine Boudousquie, Isaac T.
Preston, and Thomas H. Lewis. Bernard Marigny was
elected temporary chairman, and Joseph Walker, of
Rapides, permanent chairman. Horatio Davis was sec-
retary of the convention.
The Constitution of 1812 was no longer considered
sufficiently democratic, and that of 1845 was certainly
234 A HISTORY OF LOUISIANA [ims
an improvement on it. An important change was the
creation of a new office, that of lieutenant-governor, who
was to be president of the Senate and to succeed the gov-
ernor for the residue of his term, in case of the latter's
death, removal from office, or resignation. The governor
and the lieutenant-governor were not required to possess
any property qualification as in the old Constitution.
They must have attained the age of thirty-five years, been
fifteen years citizens of the United States, and residents
within the State for the same period next preceding the
election. The governor was made ineligible for the suc-
ceeding four years after the expiration of the time for
which he was elected.
J. D. B. De Bow gives the following account of the
proceedings of the convention:
Great and strenuous exertions were made in the Convention to
apply the native American qualification, and thus exclude from
this high office whoever may have had the misfortune not to have
been born amongst us. This, we think, is carrying proscription
entirely too far, and we rather agree in the main with those elo-
quent gentlemen who battled against the attempted innovation,
and so triumphantly demonstrated its unjust and injurious ten-
dencies. Amongst these most conspicuously stood Mr. Soule, the
gifted advocate, and Mr. Marign}-. These gentlemen might have
been considered as the advocates of the French interests of Loui-
siana, and standing, as it were, intermediate between the order of
things which belonged to the State in early days, and the new
one which has been coming upon her. We can appreciate the
delicacy of their position in the Convention during such a dis-
cussion as this, and admire the skill, ability, and patriotism with
which they conducted themselves. " Is it because the times are
changed," said Mr. Soule, "that we have to seek new subjects
1845] DEBATES IN CONVENTION 235
to immolate upon the altars of prejudice? Be it so. Attempt to
enforce the spirit of persecution. The times are not far off when,
yielding this question, it will not only embrace the limits of the
State, but will gradually come down to districts, then to parishes,
then to towns, and finally we shall be told that we must choose
our governor or representatives from such and such a plantation. "
The case is an extreme one, but we heartily agree with Mr. Soule.
That proscription, once commenced, will know no limits.
Mr. Marigny made a long speech full of historical reminis-
cences, sarcasms, good humor, and admirable good sense. He ap-
peared to have thrown himself into the subject with an enthusiasm
which none but a Frenchman could have felt. " Sir," said he to
Benjamin, " contrary to all parliamentary usage, you call upon
the other distinguished member from New Orleans, Mr. Soule, and
ask him : Sir, suppose you had been placed at the head of an army
to meet in deadly combat your own countrymen, could you, would
you have done it? Sir, I tell you that you have inflicted upon
him unjust provocation, and I give you distinctly to understand
that I take up the glove in his behalf; and, Sir, I trust that you
will not complain of my not being a native of the country, since
I descend from those ancient warriors who conquered the country,
and here represent six generations of Louisianians. Fortunately
for me, all your fine quotations are lost upon me. I have never
read any of those works which are supposed necessary to make
a logical man. But, Mr. President, I am one of those who, look-
ing at things as they are, feel myself capable of meeting the
emergency of the hour, and of according my political acts to the
political wants of my country. But, Sir, I ask you by what right
do you expect to disfranchise, in 1845, those who have rights
guaranteed them in 1812. Sir, I tell you — I, Bernard Marigny,
tell you — that you are, after all, nothing but the servants of the
people, nothing more, nothing less ; presume upon your authority,
and they will soon bring you to a just appreciation of their power
over you; and it would not at all surprise me if they were ob-
stinately to persist at the very next election in selecting a gov-
236 A HISTORY OF LOUISIANA [isu
ernor from the very men whom you are so anxious to exclude.
The laws of the land recognize no distinction between one class
of citizens and another. Is there any principle of free govern-
ment, any principle of republicanism, to sanction such a preten-
sion? They say that a naturalized citizen is not to be intrusted
with the powers we confer upon our governor. What, Sir, is the
power of the governor, compared with the power we are now ad-
ministering? " The native American exclusiveness was thrown out
of convention, and we consider it dead in Louisiana.
Hereafter, the elections all over the State are to be completed
in one day, a provision of much wisdom when it is considered how
largely it shuts the door against all frauds. The time of elec-
tion, too, changed from the first Monday in June to the first Mon-
day of November, evidences a disposition to protect the ballot
box from the influences of those who are content to make Loui-
siana only a depot for their merchandise and an office for their
trade during a part of the year, and have their homes in every
part of the United States. These men now brave the " baptism
of yellow fever " or they can never be considered citizens of Loui-
siana, enjoying the plenitude of the elective franchise. It can-
not be doubted that the new arrangement will do much towards
fixing a population with local attachments and sympathies, in
place of the incongruous masses which have been only crowding
here for a short season. The voter must have resided two con-
secutive years in the State, without an absence at one time of
over ninety days, unless leaving a house or an office in his occupa-
tion ; with this qualification, every white man may vote. The
Legislature is to meet biennially, and not to sit longer than sixty
days ; the policy of which there can be no question about. Long
parliaments have always been wicked ones. The representative
must have resided three years in the State, and the senator ten
years.19
The judicial power was to be vested in a Supreme
Court, in District Courts, and in justices of the peace.
1845] CONSTITUTION OF 1845 237
The Legislature was prohibited " from pledging the
State faith in aid of any private persons, corporations,
or bodies politic, except so far as issuing bonds against
outstanding liabilities." 20
The granting of divorces was left with the courts and
no longer with the Legislature. A stringent clause was
inserted against dueling.
The most important articles about education were the
following :
The Legislature shall establish free public schools throughout
the State, and shall provide means for their support by taxation
on property or otherwise.
A university shall be established in the City of New Orleans.
It shall be composed of four faculties, to wit: one of law, one of
medicine, one of the natural sciences, and one of letters.
The university was to be called the " University of
Louisiana," and the Medical College was to constitute
the faculty of medicine. The Legislature was ordered
to provide for the further organization and government
of the university, but most unwisely and strangely was
not bound to contribute by appropriations to the estab-
lishment and support of the institution. A State super-
intendent of education was to be appointed for the term
of two years, and a seminary of learning was to be estab-
lished. The latter institution was founded later at Alex-
andria, and General William T. Sherman was for a little
time its superintendent. It was succeeded by the present
Louisiana State University and Agricultural and Me-
chanical College at Baton Rouge.
238 A HISTORY OF LOUISIANA [ims
Universal suffrage was established by the Constitution
of 1845, under which " every free white male, who has
been two years a citizen of the United States, who has at-
tained the age of twenty-one years, and resided in the
State two consecutive years next preceding the election,
and the last year thereof in the parish in which he offers to
vote, shall have the right of voting." The Constitution
was ratified by the people, and the new Legislature met
on February 9, 1846. Charles Gayarre and Victor
Debouchel, the historians, were members of the House.
Gayarre had been a very active member of the last Legis-
lature, and was of that of 1846. He was, a little later,
appointed secretary of state by Governor Isaac Johnson.
In his last message on February 10, 1846,21 Governor
Mouton announces the return of prosperity to the State,
and adds the following words, which have always proved
to be true in the history of Louisiana: " Happily, there
is a spirit of enterprise among our citizens, which, aided
by the productiveness of our soil and the commercial ad-
vantages of our State, will ever prevent long-continued
depression." The governor says that, on the requisition
of the general commanding the Southern Division of the
United States army, he sent to Texas, in the summer of
1845, two companies of artillery with field-pieces; and
that these volunteers, engaged for three months, served
their time faithfully and secured the marked approbation
of the general commanding the army in Texas.
The penitentiary was for several years a source of
great expense to the State. In 1846 the governor an-
nounced that it had been leased for a term of five years,
1846] GOVERNOR ISAAC JOHNSON 239
and the State had been relieved of all its expenses. Re-
ferring to education, Governor Mouton says: "Expe-
rience in other States, as well as in this city, proves the
free-school system to be the only efficient one; all others
have been vastly expensive and of very little utility."
He says that, under the provisions of an act of 1842, he
has purchased two volumes of manuscripts, copied from
the French archives, respecting the early history of Loui-
siana, and he recommends that some measure be adopted
to procure from Spain copies of documents relating to
Louisiana as a Spanish colony. The State debt, greatly
reduced, amounted in 1846 to one million three hundred
thousand dollars, for which bonds had been issued.
Governor Mouton concludes his message by announcing
officially the death, on June 8, 1845, of Andrew Jackson.
It has fallen to the lot of but few men to secure to the same
degree the confidence and esteem of the people of this country,
and none more than the citizens of Louisiana knew how to ap-
preciate the great traits of his noble character; he was specially
entitled to their gratitude for the signal services which he ren-
dered in the successful defence of Louisiana from foreign invasion.
Governor Isaac Johnson, of West Feliciana, was in-
augurated governor on February 12, 1846. His prin-
cipal competitor had been William Debuys, former
Speaker of the House. Trasimond Landry had been
elected lieutenant-governor. Isaac Johnson had been a
member of the Legislature and a district judge. In his
inaugural address he expresses with force his belief in
the rights of the States as distinct from those of the Gen-
240 A HISTORY OF LOUISIANA [is*
eral Government. He congratulates the people on the
accession of Texas to the Union, and he says the estab-
lishment of free schools will not be easily effected in
some sparsely settled parts of Louisiana. ' But the
Legislature will feel the necessity of carrying mental
culture, by some means, to the humble cottage of the
poorest child, and make adequate provision accordingly."
A bill was passed to purchase one hundred copies, at
three dollars a copy, of Gayarre's " History of Louisi-
ana," in French, for the use of the public schools : 22
For the promotion of the literary talent of our common coun-
try, and more particularly of Louisiana, the law-giving power
should ever lend its warmest support and countenance. A new
era is about to dawn upon us in the establishment of free schools,
and it well becomes a great State to encourage the rising genera-
tion, by rewards of public gratitude and legislative approval to
those who have preceded in the walks of literature and science.
The first volume of the History of Louisiana is undoubtedly
worthy of the commendation bestowed upon it by the press and
common opinion, and it is to be hoped that Mr. Gayarre will con-
tinue his laudable enterprise to a full completion.
The Legislature adjourned on June 1, 1846, to meet on
January 11, 1847. It had a great deal of work to do to
put into effect the different clauses of the new constitu-
tion. The year 1846 is important in the history of Loui-
siana. It is noticeable for the war with Mexico and the es-
tablishment of free public schools and a university. New
Orleans at that time had four libraries accessible to the
public.23 The first in size and importance was that of B.
F. French, containing about seventy-five hundred vol-
1846] JUDGE MARTIN 241
umes. In 1842, when no public library existed in the city,
Mr. French opened his for the use of the public, for
reference, free of charge, and it had remained so. The
second library in importance was that of the State, con-
taining about three thousand volumes. The third was
the Public-School Library of the Second Municipality,
containing about three thousand volumes. This was a
subscription library. The fourth library was that of the
Young Men's Free Library Association. This also was
a subscription library and contained about two thousand
volumes.
In 1846 Judge Francois-Xavier Martin died.24 The
court of which he had been a member had ceased to exist
in consequence of the adoption of the constitution of
1845. This remarkable man was born in Marseilles on
March 17, 1762. At the age of eighteen years he went
to Martinique, and then to Newbern, North Carolina.
There he first taught French, then he became a printer,
later publisher of a newspaper, and finally was admitted
to the bar in 1789. While in North Carolina he wrote and
published books on law and a history of that State. In
1809 he was appointed judge of the Territory of Mis-
sissippi, and in 1810 he was transferred to the bench of
the Superior Court of the Territory of Orleans. In 1812
he was appointed attorney-general of Louisiana, and in
1815 a judge of the Supreme Court. He published in
1827 his History of Louisiana, which is very valuable.
It is reliable and is written with judgment and impar-
tiality. The style is clear, though somewhat too dry.
Judge Martin was exceedingly laborious and highly
242 A HISTORY OF LOUISIANA [is*
honorable, and his only defect was an extraordinary par-
simony. He left a large fortune to his brother, and,
strange to say, the will of that great jurist was contested.
The Supreme Court, however, maintained it. Martin
was a foreign member of the Academy of Marseilles and
a doctor of laws of Harvard University. He died on
December 10, 1846, and a shaft of granite marks his
resting-place. He had sat on the bench with George
Matthews and Pierre Derbigny.25 The latter resigned
his seat in 1820 in favor of Judge Porter. In 1846 the
Supreme Court was reorganized, and the judges were
George Eustis, chief justice; associates, King, Host, and
Slidell.
The Louisiana Historical Society was also reorgan-
ized in 1846. It had been established in 1836, and Judge
Henry A. Bullard was its first president. In June, 1846,
it was reorganized by John Perkins, J. D. B. De Bow,
Edmond J. Forstall, Charles Gayarre, General Joseph
Walker, and Alfred Hennen. Judge Martin was elected
president. In 1847 the society was incorporated, and
Judge Bullard was elected president for the second time,
and John Perkins and J. D. B. De Bow secretaries.
Judge Gayarre was elected president in 1860; but the
time was inauspicious, and the society slumbered from
1860 to 1877, when a new charter was obtained from the
Legislature, transferring the domicile of the society from
Baton Rouge to New Orleans. In 1888 Judge Gayarre
resigned the office of president, and the Hon. William
Wirt Howe, a distinguished jurist, was elected president.
He held that office until February, 1894, when Alcee
1846] A PERIOD OF GROWTH 243
Fortier was elected to succeed him. The events from
1831 to 1846 are not as spirited as those of preceding
years, but they are important. They indicate the growth
of Louisiana as an American State, the adoption of more
democratic principles in the administration of the com-
monwealth, and the foundation of a great system of free
public schools.
CHAPTER IX
From the Mexican War to the Civil War
1846 to 1861
Taylor's army of occupation — Louisiana troops in the Mexican War — Public
schools helped by the establishment of a university — Governor Isaac John-
son on the Wilmot Proviso— The University of Louisiana— President
Hawks's report — Baton Rouge the capital of Louisiana— Consolidation of
the three municipalities in New Orleans — Epidemics in 1853 and 1854 —
The Know-Nothing party — The destruction of Last Island — Disorder in
New Orleans in 1858— Secession Convention of 1861 — Governor Moore takes
possession of forts and arsenals in Louisiana — Ordinance of Secession.
j]N July, 1845, General Zachary Tay-
lor's army of occupation was sent to
Texas and was encamped at Corpus
Christi. As his forces were insuffi-
cient, a call was made upon General
Edmund Pendleton Gaines, com-
manding the Department of the
South, for volunteer artillerists. Great enthusiasm was
displayed, and two batteries were selected by General
Gaines — Captain Forno's Native American artillery and
Captain Bercier's battery of the Orleans artillery. Both
were placed under the command of Major Gaily, of the
Orleans artillery, and were despatched to Corpus Christi.
On the arrival of United States mounted batteries, Gally's
batteries returned to Louisiana, after three months' ser-
24-4
1846] ZACHARY TAYLOR 245
vice. Zachary Taylor, born in Virginia in 1784, had been
living in Louisiana since 1840.
On April 26, 1846, General Taylor called for five
thousand volunteers from Louisiana and Texas, and
on May 5 a large meeting was held in New Orleans. The
president was Colonel William Christy,1 and the vice-
presidents were Major Mountford, Peter K. Wagner,
Alcee La Branche, S. J. Peters, S. W. Downs, and Wil-
liam C. C. Claiborne. Patriotic resolutions were adopted,
and speeches were made by Theodore G. Hunt, Randell
Hunt, and others. A roll was forthwith opened for the
inscription of names of volunteers, and some one in the
crowd called out: " Those on the platform sign first."
The suggestion was complied with, and the roll was
signed with enthusiasm by the officers of the meeting and
by many other men. On May 9 a stand of colors was
presented to General Persif er F. Smith, for the Louisiana
volunteers, by the ladies of New Orleans. On May 10
the Louisiana Legion offered its services through General
Donatien Augustin. General William Debuys, former
candidate for governor, shouldered a musket alongside
of his sons in the Orleans Guards. On May 25 there was
a mass meeting, presided over by Governor Isaac John-
son, and thanks were voted to Generals Taylor and
Gaines, and to Taylor's soldiers, to Governor Johnson,
and to the authorities of the State, and satisfaction was
expressed at the enthusiastic response of the citizens.
The battles of Palo Alto on May 8, 1846, and of Chap-
peralo on May 9 were declared to be among the proudest
memorials of American skill, discipline, and gallantry.
246 A HISTORY OF LOUISIANA [imt
Besides the Louisiana Legion, the number of volunteers
was forty-eight hundred and sixty-four in June, 1846.
The Legislature made an appropriation of three hun-
dred thousand dollars, and the soldiers were quickly en-
camped, says Colonel William Miller Owen in " Memoirs
of Louisiana," on the Rio Grande from its mouth to
Matamoras. The same writer adds:
Strange to say, up to March 1, 1847, in all the battles with
Mexico, the Louisiana State militia was represented by General
Persifer F. Smith and the Phoenix Company, Captain Albert
G. Blanchard, Lieutenants Tenbrink and Scott.
As the Louisiana volunteers had enlisted for three and
six months, and the War Department preferred twelve-
month volunteers, most of the men from Louisiana were
mustered out of service before the end of the war. Cap-
tain A. G. Blanchard deserves great credit for raising the
Phoenix Company from the ashes, as it were, of the Loui-
siana militia, and for serving until the war was ended.
With regard to the capture of Monterey, Kendall says:
To render success certain, the Fifth Infantry, with Captain
Blanchard's Louisiana Volunteers — the latter as good and trusty
soldiers as ever shouldered a musket — were sent to do the work.
Colonel Owen mentions a battalion of volunteers raised
in Louisiana in May, 1847, commanded by Lieutenant-
Colonel Charles Filsca, which performed good service
under General Scott until July, 1848. During the war
with Mexico a distinguished son of Louisiana began a
1847] SENATOR PIERRE SOULE 247
celebrated military career, G. T. Beauregard, who was
destined to play an important part in the Civil War.
In his message of January 11, 1847, Governor Isaac
Johnson refers at length to the Mexican War and an-
nounces the death of United States Senator Alexander
Borrow. The latter was succeeded by the great orator
Pierre Soule. The first Legislature convened under the
constitution of 1845 terminated its labors on May 4, 1847,
and the Speaker, Preston W. Farrar, delivered a vale-
dictory address, the first of the kind in the history of
Louisiana.
The Legislature met on January 17, 1848, in regular
session at New Orleans for the last time before the re-
moval of the capital to Baton Rouge. Governor Isaac
Johnson's message of January 18 is an able and very
complete state paper.2 The governor declares that he is
in favor of annual and limited sessions of the Legislature,
and that if sessions are biennial they should be unlimited.
He announces that the University of Louisiana has be-
gun its operations, and says the establishment of a system
of education, beginning with the common schools and
ending in the university, will be hailed as the brightest
era that has yet occurred in the history of the State. If
the university is sustained, " then, and perhaps not till
then, the common-school system will have become deeply
and firmly fixed in the habits and affections of the people,
who with fair opportunity will fully comprehend the
truth that even the learning of one man makes a thou-
sand learned."
Governor Johnson says the volunteer troops from Loui-
248 A HISTORY OF LOUISIANA [ims
siana have been denied the rare good fortune of partici-
pating in any of the great battles of the war with Mexico,
but he adds that " in all contests with the enemy, in the
shifts and turns of guerrilla warfare, in patient endur-
ance and discipline, they have proved themselves quite
equal to experienced veterans." The governor speaks
with indignation of the Wilmot Proviso as an attack upon
the institution of slavery, and says it is a question over
which Congress is not invested with the slightest author-
ity under any circumstances. " The issue has been forced,
and it should be met respectfully and temperately ; but at
the same time with a firm and uncompromising resistance.
Let us, at least, take care that they who have sowed the
speck of storm shall not force us to reap the whirlwind."
These were ominous words delivered thirteen years before
the fated year 1861.
A sword and a gold medal were presented to General
Zachary Taylor by the State, and a sword to General
Scott and one to General Worth. The patriotism of the
Legislature during the Mexican War was as great as
during the invasion by the British in 1814 and 1815.
The Legislature adjourned on March 16, 1848, to meet
in Baton Rouge in 1850, and the Speaker, Preston W.
Farrar, in his valedictory address, referred feelingly to
the city of New Orleans: 3
This is the last meeting of the Legislature of the State in its
ancient and renowned capital. By the fiat of the people, this noble
city, founded and inhabited by the fathers of Louisiana, and of
all other spots more boldly allied with her chivalry and romantic
history — whose name is associated with a victory that electrified
1848] REPORT OF DR. HAWKS 249
all Europe with wonder and with admiration for the valor and
prowess of American arms — a city whose fame " sits on a high
hill," and attracts the confidence of the world, and on this flourish-
ing commonwealth reflects so much honor and glory — has, by
those who are its natural guardians, and who should have been
its protectors, been decreed unfit to even dispense the commonest
hospitality to the representatives of the people. . . . Perhaps
it has been aptly though fortuitously ordained that the last
Speaker in this Chamber should himself be a citizen of New Or-
leans, and that he should surrender to the iron will of the Con-
vention the keys of the old Capitol. It is done. And we now
bid it God-speed, and entreat that the new mistress of the people
may resemble our own proud city in all things, except its ability
to serve and its fortune to please the people.
The University of Louisiana, referred to in Governor
Isaac Johnson's message, was successful in its depart-
ments of medicine and law. The academical depart-
ment did not prosper, although commerce was introduced
as one of the subjects taught, and the distinguished edi-
tor J. D. B. De Bow was made professor of that impor-
tant branch of knowledge. Rev. Dr. F. L. Hawks was
the first president of the university, and in his report in
1848 he says: " Without adopting all the views of mod-
ern utilitarianism, we hesitate not to say that the educa-
tion is essentially defective which discards all consider-
ation of utility." He recommends a thorough knowledge
of the French and Spanish languages, a practical scien-
tific course, and the establishment of a professorship of
commerce.
There was a special session of the Legislature in De-
cember, 1848, to consider the question of free public
250 A HISTORY OF LOUISIANA [isso
schools, and five hundred and fifty thousand dollars were
appropriated for their organization and support. The
first superintendent of public education was the distin-
guished scholar Alexander Dimitry.
The Legislature met for the first time at Baton Rouge
on January 21, 1850, and Preston W. Farrar was again
elected Speaker of the House, in spite of his dislike of
the new capital of the State. In his message, Governor
Isaac Johnson urges an increased appropriation for free
public schools, and says that already twenty-two thousand
children are being educated in those schools.4 He refers
in energetic words to the " repeated, galling, and unpro-
voked aggressions of antislavery."
On January 28, 1850, General Joseph Walker took the
oath of office as governor, and General J. B. Plauche as
lieutenant-governor. Their opponents had been A. De-
clouet and D. F. Kenner. In his inaugural address Gov-
ernor Walker mentions the happy selections made by the
people in the parishes where elections had been held, and
recommends that the constitution be amended so that all
judges be elected. He lays much stress on the necessity
for good public schools and, like his predecessor, expresses
his sentiments very forcibly on the antislavery agitation.
Joseph Marshall Walker was born in New Orleans,
but became a cotton-planter in Rapides parish.5 He was
a Democrat in politics, as had been Governors Isaac John-
son and Alexandre Mouton. Indeed, under the skilful
leadership of John Slidell, the Democratic party retained
the administration of affairs in Louisiana until the times
of the Civil War.
1852] CONSTITUTION OF 1852 251
The Constitution of 1845 was not considered to be suf-
ficiently democratic, and, notwithstanding the opposition
of Governor Walker, a convention was called to change
it. The governor had reaped what he had sown when
he had advised an amendment making the offices of all
judges elective. The convention assembled in Baton
Rouge on July 5, 1852, and adjourned on July 31. The
president was Duncan F. Kenner, and the secretary J. B.
Walton. The Constitution of 1852 was a very radical
production. The candidates for governor and lieutenant-
governor were no longer required to be thirty-five years
of age and to have been fifteen years citizens of the United
States and residents of Louisiana for the same period
next preceding the election. By the new constitution,
the age required was twenty-eight years, and the time
of citizenship and residence within the State was reduced
to four years. The offices of all judges, including the
Supreme Court, were made elective, the sessions of the
Legislature were to be annual and limited to sixty days,
and, says Mr. Gayarre, " the restriction against running
the State into debt and against creating banks, being
found inconvenient, was left out in the new constitution."
In 1852 the three municipalities in New Orleans were
consolidated into one, and the city of Lafayette was in-
cluded in the city limits.6 In the new city government
there were two chambers, one of aldermen elected by mu-
nicipal districts, and one of assistant aldermen elected by
wards. There was a mayor, ex-officio chief of police, and
a controller, a surveyor, and a street commissioner.
The Constitution of 1852 ordained that the secretary
252 A HISTORY OF LOUISIANA [isss
of the Senate and the clerk of the House of Representa-
tives be conversant with the French and English lan-
guages, and members were allowed to address either
house in French or in English.
In his last message, on January 17, 1853, Governor
"Walker speaks more hopefully of the condition of na-
tional affairs, and gives good advice with regard to the
power granted by the constitution to create banking in-
stitutions, saying that probably there never was a time
when it was less necessarv to extend this class of facilities
than the present. With regard to the necessity of edu-
cating the people, he utters the following wise words : 7
Mexico, a neighboring Republic, possesses a constitution and
form of government almost identically the same as ours, and yet
she is subject to an almost constant reign of anarchy and despot-
ism, while we enjoy all the blessings of peace and good govern-
ment. Why is this? Why this difference? It is mainly, without
doubt, to be attributed to the superior education and intelligence
of our people. The best form of government is but of little avail
to a people unless the right views and right feeling prevail among
its great masses, and this can never be the case unless the youth
are blessed with a good education.
Governor Walker says he agrees with Judge Gayarre,
the secretary of state, in his recommendation that the
French and Spanish historical documents belonging to
the State should be published. The governor pays a high
tribute to Gayarre as a historian, and quotes from the
fifth volume of Bancroft's History of the United States
the following well-deserved compliment: " The work of
1853] GOVERNOR HEBERT 253
Gayarre is one of great merit and authority, built firmly
on trustworthy documents."
On January 18, 1853, the votes cast for governor and
lieutenant-governor were counted, and Paul O. Hebert
and W. W. Farmer were declared elected. The new
governor was of Acadian descent and was born on No-
vember 12, 1818.8 He was educated at Jefferson Col-
lege, in St. James parish, and was graduated at West
Point in 1840. He became a lieutenant in the engineer
corps, and in 1841 assistant professor of engineering at
the Military Academy. He resigned from the army in
1845 and was appointed chief engineer to the State of
Louisiana. He took a brilliant part in the Mexican War,
and in the Civil War served as a Confederate brigadier-
general in the Trans-Mississippi Department. He died
on April 20, 1880.
The year 1853 was noted for the most disastrous epi-
demic of yellow fever that had yet visited Louisiana. In
1854 the disease appeared again, but with somewhat less
virulence. These were the times of filibustering expedi-
tions, and when the news of the fate of Lopez was known
in New Orleans there was a riot against the Spanish con-
sulate. In spite of the desolation caused by yellow fever
in 1853 and 1854, the State was prosperous, and we are
astonished to see the following words in Governor Hu-
bert's message in 1855 with regard to the public schools :
" Indeed, the system may be considered almost a failure,
or rather it is not a system. It is the bewildering con-
fusion of chaos." In spite of this harsh criticism, the
system did prosper until disorganized by the war.
254 A HISTORY OF LOUISIANA [isss
The year 1855 "was marked by what may be called the
demolition of the ' Know-Nothing ' party in Louisiana." 9
This was a secret, oath-bound fraternity, organized in
1852, which had for its purpose opposition to foreign
citizenship. Its objects, however, were not made known
even to the members until they had reached the higher
degrees, and when questions were asked by outsiders the
members would reply, " I don't know," whence the name
of " Know-Nothings." As early as 1835 an attempt was
made in New York City to organize a movement against
foreigners, but it failed, only to be revived in 1843 and
1844 in New Jersey and in Philadelphia.10 In 1853 a se-
cret political party was organized, and it carried Massa-
chusetts and Delaware in 1854. In 1855 it gained ground
in New York, and especially in the Southern States.
Judge Gayarre, who was an eye-witness to these events,
gives the following account of the demolition of the "mys-
terious order" of Know-Nothings: " Thus far it was a
mere State organization, but it soon was found indispen-
sable to connect it with the other lodges of the same order
in the other States, with a view to establish upon the origi-
nal association a national party. To this effect, there was
to be a grand meeting of all the lodges in Philadelphia
in the month of May. It was to be an imposing Conven-
tion, in which means were to be devised to strengthen
the association, and to enable it to elect a President of the
United States and secure the reins of the government.
But it began to be rumored at this time in Louisiana that
the main object of this wide-spread organization was the
proscription of Catholics. It produced great excitement,
1855] THE "KNOW-NOTHING" PARTY 255
and it was determined to test the question. Six delegates,
of whom five "were Protestants and one a Catholic, were
elected to the Philadelphia Convention. On their pre-
senting themselves to that body, the five Protestants were
told that they could come in, but the Catholic was re-
jected unless he consented to make certain concessions, to
which he was not in the least disposed to assent. His
Protestant colleagues remonstrated in vain against such
a distinction, and the result was, that they retired with
their Catholic associate. On the report of this fact, made
in an immense meeting in New Orleans, the Know-No-
thing party in Louisiana emphatically refused affiliation
with the party of that name in the other States, and from
that time this celebrated order, which seemed at first to
be gifted with such exuberant vitality, rapidly decreased
in numbers and influence in Louisiana, because many
hurried to withdraw their names and cooperation." In
1856 the Know-Nothings called themselves the " Ameri-
can Party," and had Millard Fillmore for their candi-
date for President. In 1860 the " American Party " took
the name of the " Constitutional Union Party," and it
soon disappeared in the turmoil of war.
In 1856 took place the catastrophe called the Last
Island storm. On August 10 the island, which was a
pleasure resort, was swept by a wave from the Gulf, and
nearly two hundred persons perished. This calamity in-
spired Lafcadio Hearn to produce his charming novel,
" Chita," in which he depicts the horrors of the tempest.
Robert C. Wickliffe was inaugurated governor of
Louisiana in January, 1856. He was a native of Ken-
256 A HISTORY OF LOUISIANA [im
tucky, where his father had occupied important offices.
Governor Wickliffe had been a State senator and was
a Democrat. In his message of January, 1857, the gov-
ernor mentions the disorders that had taken place in New
Orleans at the two last general elections, when acts of
violence were committed by " organized ruffians " on
naturalized citizens. The evil came, says Gayarre, from
" that corruption which enabled foreigners just landing
on our shores to vote, and which put two or three thou-
sand illegal voters at the disposal of whatever party had
the means of buying them.'' "
On June 4, 1858, New Orleans was threatened with
civil war.12 Under orders of a vigilance committee, about
five hundred men took possession of the arsenal and
court-house at Jackson Square and barricaded the streets.
On June 5 they were joined by about one thousand armed
men. The Native American party, on its side, had taken
possession of Lafayette Square and had planted cannon
there. Fortunately, there was no strife on election day,
June 7, and the Native American candidate, Gerard
Stith, was elected mayor. His opponent had been Colo-
nel G. T. Beauregard.
In 1859 Judah P. Benjamin was elected United States
senator, but he was not to remain long a member of that
body. In his last message to the Legislature, in 1860,
Governor Wickliffe referred to the raid of John Brown
at Harper's Ferry. The war was inevitable, and Wick-
liffe's successor, Thomas Overton Moore, was assuming
a heavy burden when he took the oath of office in 1860.
Governor Moore was a native of North Carolina. He
1860] GOVERNOR MOORE 257
was a resident of Rapides parish when elected governor.
Like his predecessor, he had been a State senator and
was a Democrat. He called the Legislature in special
session, in December, 1860, and said: "I do not think
it comports with the honor and self-respect of Louisiana,
as a slave-holding State, to live under the government of
a Black Republican President." The governor advised
that a State Convention be called to meet at once. The
convention met on January 23, 1861, at Baton Rouge.
Ex-Governor Alexandre Mouton was elected president,
and J. T. Wheat secretary. On taking the chair, Presi-
dent Mouton delivered an address which ended with the
following words:13
I mistake very much the character of this body, if calmness
and deliberation do not mark its proceedings, and if we are to
be disturbed by angry discussions. At all events, we are engaged
in an important cause, the cause of a brave, loyal, and enlight-
ened people asserting their rights, and I trust that, with the help
of God, they will be able to carry them out.
The Legislature had met in regular session at the same
time as the convention, and the governor transmitted to
the latter body, on January 24, his annual message to the
General Assembly. Governor Moore said that, " In ac-
cordance with an arrangement entered into with the com-
manding officer, in the presence of a force too large to be
resisted, Baton Rouge barracks and arsenal, with all the
Federal property therein, were turned over to me on
the eleventh and twelfth instant, and on the thirteenth
the Federal troops departed. About the same time the
258 A HISTORY OF LOUISIANA [isei
State troops occupied Fort Pike, on the Rigolets, and
Forts Jackson and St. Philip, on the Mississippi River,
and such other dispositions were made as seemed neces-
sary for the public safety." 14
A motion was made by Louis Bush to approve the
course of the governor in taking possession of the forts,
arsenals, and munitions of war within the limits of the
State, and was carried by a vote of one hundred and
nineteen yeas to five nays.
On January 26, 1861, John Perkins, Jr., of Madison,
called up the following ordinance of secession, reported
by him as chairman of the Committee of Fifteen: 15
An Ordinance to dissolve the union between the State of Loui-
siana and other States united with her under the compact entitled
" The Constitution of the United States of America."
We, the people of the State of Louisiana, in Convention as-
sembled, do declare and ordain, and it is hereby declared and
ordained, That the ordinance passed by us in Convention on the
22d day of November, in the year 1811, whereby the Constitu-
tion of the United States of America and the amendments of the
said Constitution were adopted, and all laws and ordinances by
which the State of Louisiana became a member of the Federal
Union, be and the same are hereby repealed and abrogated; and
that the union now subsisting between Louisiana and other States,
under the name of " The United States of America," is hereby
dissolved.
We do further declare and ordain, That the State of Louisiana
hereby resumes all rights and powers heretofore delegated to the
Government of the United States of America; that her citizens
are absolved from all allegiance to said Government ; and that she
is in full possession and exercise of all those rights of sovereignty
which appertain to a free and independent State.
1861] ORDINANCE OF SECESSION 259
We do further declare and ordain, That all rights acquired and
vested under the Constitution of the United States, or any act
of Congress, or treaty, or under any law of this State, and not
incompatible with this ordinance, shall remain in force and have
the same effect as if this ordinance had not been passed.
The ordinance was adopted by a vote of one hundred
and twelve yeas to seventeen nays. Ex-Governor A. B.
Roman was among those who voted in the negative. He
signed the ordinance, however, and cast his lot with the
Confederacy.
The president of the convention, Ex-Governor Mou-
ton, was permitted to give his vote on the adoption of the
ordinance, which he did in the affirmative. When the
result of the vote was ascertained, President Mouton
said: " In virtue of the vote just announced, I now de-
clare the connection between the State of Louisiana and
the Federal Union dissolved, and that she is a free, sov-
ereign, and independent power."
Thomas O. Moore, Governor of the " Independent
State of Louisiana," came upon the floor, " preceded by
the flag of the State, and took position on the platform
of the president." 16
Prayer was offered by the Rev. W. E. N. Lingfield,
and the flag was blessed by Father Hubert. The fol-
lowing resolution, presented by Mr. Perkins, was then
unanimously adopted:
Resolved, That we, the people of the State of Louisiana, rec-
ognize the right of the free navigation of the Mississippi River
and its tributaries by all friendly States bordering thereon. And
260 A HISTORY OF LOUISIANA [isei
we also recognize the right of egress and ingress of the mouths
of the Mississippi by all friendly States and powers ; and we do
hereby declare our willingness to enter into any stipulations to
guarantee the exercise of said rights.
On motion of Mr. Perkins, the Ordinance of Secession
was signed by the president of the Convention, and by the
delegates to the number of one hundred and twenty-one.
The Convention adjourned on January 26, to meet in
New Orleans, on January 29, at the City Hall.
On January 30 the Convention elected six delegates
to represent Louisiana in the Convention to assemble at
Montgomery, Alabama, on February 4, 1861. They
were: John Perkins, Jr., Alexander Declouet, Charles
M. Conrad, Duncan F. Kenner, Edward Sparrow, and
Henry Marshall.
On February 5 an ordinance was passed for the estab-
lishment of a regular military force for the State of Loui-
siana, and on February 11 a State flag was adopted.
The chairman of the committee, J. K. Elgee, of Rapides,
made these remarks about the flag:
We dedicate, therefore, the thirteen stripes upon our flag to
the memory of those whose unconquerable love of freedom has
taught us, this day, how peacefully to vindicate our rights and
protect our liberties. The committee, too, could not forget that
another race, bold, warlike, and adventurous, had planted the
first colony of white men on the shores of Louisiana ; the name of
our State, that of our city, nay, even the morning roll-call of the
Convention, as it summoned us to our duties, bade us remember
that some tribute was due to the children and descendants of the
founders of the colony — the blue, the white, the red, emblems of
1861] THE STATE FLAG 261
hope, virtue, and valor, to the memory of those who first on this soil
laid the foundation of an empire. Still another race and another
nation remained, who equally demanded a recognition in a flag de-
signed to be national. If to France we are indebted for the founda-
tion of the colony, Spain merits an acknowledgment at our hands,
for by her was the infant structure built up. Her mild and pa-
ternal rule is yet spoken of by the oldest inhabitants, whilst the
great body of our law stands this day a monument of her wisdom.
To the children of Spain we dedicate the colors of red and yellow,
which we have woven into our plan. The star cannot fail to re-
mind you that Louisiana has arisen to take her place in the
political firmament. Uniting, then, our three distinct nationalities
into one, we present a flag which carries with it a symbol dear to
every American, whether it be at the last hour of dissolution, or the
dawn of a new birth — it is the badge of Union.17
On March 21, 1861, on motion of T. J. Semmes, the
Convention assented to and ratified the Constitution of
the Confederate States of America, adopted at Mont-
gomery on March 11, 1861. The State Constitution of
1852 was amended in several particulars to suit the al-
tered condition of things, and the Convention adjourned
finally on March 26, 1861. The members of that body
had done a great and serious work, and had accomplished
their task with dignity and with a full sense of the heavy
responsibility that rested upon them. In seceding from
the Federal Union the people of Louisiana knew that
this act meant war. They did not shrink from the ordeal,
and they fought bravely and well for rights which they
considered sacred.
NOTES
NOTES
CHAPTER I
1 Almonester.
2 Martin's Louisiana, Vol. II, p. 238.
3 View of the Political Situation of Louisiana from the thirtieth
of November, 1803, to the first of October, 1804. By a Native.
Translated from the French. P. 16.
4 Martin's Louisiana, Vol. II, p. 241.
5 Annals of Congress, 1803-1804.
6 City Archives — American Documents, 1804-1814.
7 City Archives.
8 Martin's Louisiana, Vol. II, pp. 249, 250.
9 Louisiana Gazette, October 5, 1804 (City Archives).
10 Louisiana Gazette, December 7, 1804.
11 Martin says erroneously that the Council adjourned in February.
12 Acts passed at the first session of the Legislative Council of the
Territory of Orleans, 1805.
13 Louisiana Gazette, July 12, 1805.
14 The American Pioneer, Vol. II, No. 5, p. 227. From the
private collection of Mr. William Beer, librarian of the Howard
Memorial Library.
15 Charivaris.
16 The widow of Almonester.
CHAPTER II
1 Martin's Louisiana, Vol. II, p. 261.
2 Louisiana Gazette, May, 1806.
3 Monette's Valley of the Mississippi, Vol. II, p. 454.
4 Monette's Valley of the Mississippi.
5 Monette's Valley of the Mississippi, Vol. II, p. 465.
265
266 A HISTORY OF LOUISIANA
6 Parton's Life of Burr.
7 Jefferson's Message to Congress, January 22, 1807.
8 McMaster, Vol. Ill, p. 88.
9 Moniteur de la Louisiane, July 7, 1806.
10 Acts published by authority, 1807.
CHAPTER III
1 The Batture at New Orleans : An Address to the People of the
United States (1808).
2 The New Orleans Book, edited by Robert Gibbes Barnwell,
p. 14.
3 Louisiana and her Laws, by Henry J. Leovy, in the New Orleans
Book (1851), p. 232.
4 City Archives — American Documents, 1804-1814.
6 Henry L. Favrot, the West Florida Revolution, in Publications
of the Louisiana Historical Society, 1895.
6 Favrot, in Publications of the Louisiana Historical Society, 1895,
calls attention to the fact that Gayarre and Martin are in error in
saying that De Lassus was absent at the time of the attack. Gayarre
and McMaster say also erroneously that Grandpre was the only man
killed on the side of the Spaniards.
7 Favrot.
8 Annals of Congress, 1810-1811, p. 1254.
9 Favrot.
30 McMaster, Vol. Ill, p. 373.
11 Annals of Congress, 1810-1811, p. 1251.
12 Martin's Louisiana.
13 Annals of Congress, 1810-1811, p. 482.
"Annals of Congress, 1810-1811, p. 525.
15 Annals of Congress, 1810-1811, p. 1326.
16 It had been suggested to give to the new State the name of
Jefferson, but Bernard Marigny says, in his Reflections on the
Campaign of General Jackson, p. 44, that Louis De Blanc de St.
Denis, from Attakapas, declared that if such a proposition had any
chance of success he would arm himself with a barrel of powder and
blow up the Convention.
17 Report of John T. Michel, Secretary of State, 1902.
NOTES 267
CHAPTER IV
1 De Bow's Review, Vol. XIX, p. 148.
2 Lacarriere Latour's Historical Memoir of the War in West
Florida and Louisiana in 1814 and 1815, p. 13.
3 He signed his name " Laffite," but we shall keep the spelling
generally adopted.
4 Alexander Walker's Jackson and New Orleans, p. 37.
5 From a paper in the possession of Mr. Hugues J. de Lavergne,
a great-grandson of General Villere.
6 Hubert Howe Bancroft, Vol. XVI, p. 40.
7 Gayarre's Louisiana, Vol. IV, p. 335.
8 It is needless to say that Colonel Fortier and Major Lacoste were
not colored men. They belonged to families which, in 1814, had
been nearly a century in Louisiana. Colonel Fortier had served in
Galvez's army in his campaign against the English, from 1779 to
1781, and had long been a captain of artillery in the militia service
of Spain.
0 Latour, Appendix, p. xii.
10 Latour, Notes, p. 254.
11 Louisiana Gazette.
12 Louisiana Gazette.
13 Latour, p. 31.
14 Henry Adams, History of the United States, Vol. VIII, p. 326.
15 Latour, p. 50.
16 Alexander Walker, p. 92. The Author of the Subaltern, George
Robert Gleig, an Englishman, gives the number of the troops as
5000. He says, however, that the force was " formidable."
17 Latour, Appendix, p. xxxiv, Jones's Report.
18 Walker, p. 104.
19 Latour, p. 62.
20 Gleig, Campaigns of the British Army at Washington and
New Orleans in the years 1814 and 1815, p. 259-
21 Martin's Louisiana, p. 368.
22 Latour, p. 78. See Plate 5 of his Atlas.
23 Latour, Appendix, p. cxliii, Keane's Report.
24 Walker, p. 126.
268 A HISTORY OF LOUISIANA
25 Latour, p. 88.
26 The tradition in the Villere family agrees with Walker's narra-
tive of the incident, and there is no doubt that Major Gabriel Villere
was the first person that informed Jackson of the arrival of the
British. In his flight through the woods he was obliged to kill a
favorite dog which had accompanied him and would have betrayed
him while he was hidden in a tree. Major Villere was a brave and
honorable man, and was unanimously acquitted by a court martial
that tried him for having been surprised by the British. He had
refused to present any testimony in his defense.
CHAPTER V
1 Latour, p. 91.
2 Latour, p. 105.
3 Latour, Appendix, p. xlv.
4 Latour, p. 117.
5 Martin (Gresham's edition), p. 378.
6 Gayarre, Vol. IV, p. 568.
7 Latour, p. 146.
8 Walker, p. 317.
9 Latour, p. 173.
10 Henry Adams, Vol. VIII, p. 380. Jackson, in his second report
of the battle, gives his loss on the left bank as seven killed and six
wounded, and this number has been accepted by historians.
11 Latour, p. 184.
12 Latour, Appendix, p. lii.
13 " This was in the action on the line; afterward skirmishing was
kept up, in which a few more of our men were lost."
14 Major Carmick.
15 Latour, Appendix, p. clxxxv.
CHAPTER VI
1 From papers in the possession of Mr. Hugues J. de Lavergne.
2 Latour, p. 204.
* Walker, Jackson and New Orleans, p. 402.
4 Latour, p. 218.
5 Martin (Gresham's edition), p. 388.
NOTES 269
6 Judge Martin's translation.
7 Martin, p. 399-
8 Martin, p. 404.
0 The original amount of the fine, with interest for thirty years,
was refunded, in 1845, to General Jackson by an act of Congress,
on the recommendation of President Tyler. The Legislature of Loui-
siana, at that time, proposed to refund the amount from the treasury
of the State.
10 Works of Hubert Howe Bancroft, Vol. XVI, p. 41.
11 Castellanos, New Orleans as It Was, p. 310.
12 Castellanos, p. 89-
13 P. Larousse, Grand Dictionnaire Universel.
14 Castellanos, p. 49.
15 Bernard Marigny, Reflexions sur la Campagne du General
Andre Jackson en Louisiane en 1814 et 1815.
16 In French : " Qu'il f allait avoir le diable au corps pour f aire de
Magloire Guichard un conspirateur ? "
17 It is said that it was General Moreau who indicated that point
to St. Geme, in 1 804, as an admirable one for defense.
CHAPTER VII
1 Victor Debouchel, Histoire de la Louisiane, p. 136.
2 Monette's Valley of the Mississippi, Vol. II, p. 517-
3 Journal de la Chambre des Representants — Seconde Session de la
Seconde Legislature, p. 11. The name is spelled Roufiniaco.
4 Louisiana Gazette, March 26, 1816.
5 Louisiana Gazette, July, 1816.
6 Journal of the House of Representatives, First Session, Third
Legislature, p. 6.
7 Journal of the House, First Session, Third Legislature, p. 5.
8 Louisiana Courier, November 25, 1817.
9 Biographical Sketches of Louisiana's Governors, by a Louisia-
naise (1885).
10 Darby, Geographical Description of the State of Louisiana,
p. 187.
11 Debouchel, Histoire de la Louisiane, pp. 137, 138.
12 Journal of the House, First Session, Third Legislature, p. 55.
270 A HISTORY OF LOUISIANA
13 Journal of the House, Second Session, Third Legislature, p. 4.
14 Journal of the House, Second Session, Third Legislature, p. 51.
15 Journal of the House, First Session, Fourth Legislature, p. 5.
16 Journal of the House, Second Session, Fourth Legislature, p. 4.
17 Journal of the House, First Session, Fifth Legislature, p. 5.
18 Journal of the House, First Session, Fifth Legislature, p. 22.
19 Larousse, Grand Dictionnaire Universel.
20 Fortier's Louisiana Studies, p. 260.
21 De Bow's Review, Vol. XI, p. 437.
22 Journal of the House, First Session, Fifth Legislature, p. 30.
23 Journal of the House, First Session, Sixth Legislature, p. 5.
24 Debouchel, Histoire de la Louisiane, p. 141.
25 Valcour Aime, Plantation Diary, p. 8.
26 Debouchel, Histoire de la Louisiane, p. 140.
27 Journal of the House, Second Session, Sixth Legislature, p. 5.
28 Louisiana's Governors, by a Louisianaise.
29 Journal of the House, First Session, Seventh Legislature, p. 34.
30 Journal of the House, First Session, Seventh Legislature, p. 82.
31 We translate from the French text.
32 A. Levasseur, Lafayette en Amerique en 1824 et 1825.
33 Journal of the House, Second Session, Seventh Legislature, p. 3.
34 Debouchel, Histoire de la Louisiane, p. 143.
35 Louisiana's Governors, by a Louisianaise.
38 De Bow's Review, Vol. I, p. 418.
37 Journal of the House, First Session, Ninth Legislature, p. 33.
88 De Bow's Review, Vol. I, p. 416.
89 Larousse, Grand Dictionnaire Universel.
40 Condon's Annals, in Gresham's Martin, p. 431.
41 Debouchel, p. 146.
42 House Journal, p. 3.
43 De Bow's Review, Vol. I, p. 428.
CHAPTER VIII
1 W. H. Sparks, Memories of Fifty Years, p. 450.
a House Journal, First Session, Tenth Legislature, p. 5$.
3 House Journal, First Session, Tenth Legislature, p. 151.
4 Debouchel, p. 147.
NOTES 271
B House Journal, First Session, Eleventh Legislature.
9 House Journal, Second Session, Twelfth Legislature, p. 2.
7W. H. Sparks, Memories of Fifty Years, p. 438.
8 Debouchel, p. 157.
9 Debouchel, p. 161.
10 House Journal, First Session, Fourteenth Legislature, p. 41.
11 Debouchel, p. 175.
12 W. C. Stubbs, in Standard History of New Orleans, p. 652.
13 E. J. Forstall, in De Bow's Review, Vol. I, p. 54.
14 De Bow's Review, Vol. I, p. 165.
15 House Journal, First Session, Fifteenth Legislature.
16 De Bow's Review, Vol. XI, p. 441.
17 House Journal, First Session, Sixteenth Legislature, p. 3.
18 House Journal.
19 D. B. De Bow, in De Bow's Review, Vol. I, p. 423.
20 De Bow's Review, Vol. I, p. 426.
21 House Journal, First Session, First Legislature, p. 3.
22 House Journal, March 12, 1846, p. 19.
23 De Bow's Review, Vol. I, p. 381.
24 William Wirt Howe, Memoir of Francois-Xavier Martin.
25 De Bow's Review, Vol. I, p. 418.
CHAPTER IX
1 Louisiana Courier, May 5, 1 846.
2 House Journal, p. 4.
3 House Journal, p. 176.
* House Journal, p. 8.
6 Louisiana's Governors, by a Louisianaise.
6 Norman Walker, Municipal Government, in Standard History
of New Orleans, p. 98.
7 House Journal, p. 5.
8 Louisiana's Governors, p. 34.
9 Gayarre, Vol. IV, p. 678.
10 Harper's Encyclopaedia of United States History.
11 Gayarre, Vol. IV, p. 684.
272 A HISTORY OF LOUISIANA
12 Condon's Annals of Louisiana, in Martin, p. 455.
13 Journal of the Convention of 1861, p. 5.
14 Journal of the Convention, p. 14.
15 Journal of the Convention, p. 17.
16 Journal of the Convention, p. 18.
17 Journal of the Convention, p. 47.
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