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EDITION   DE   LUXE 


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A  HISTORY  OF  LOUISIANA 

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A  HISTORY  OF 
LOUISIANA 


Volume  III 


' 


' 


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 


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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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