viwiftw X, c> f, O) /f:N i I \"\ _-/ '^^Hniffiffn 3^^ CORNELL UNIVERSITY LIBRARY FROM A.H.Wight Date Due wgmsf4 il^SL F 369 K521893 History of Louisiana, by Grace King and 103 Cornell University Library The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028797103 I 'r^^ I A HISTORY OFA- :'%. •<'.:" LOUISIANA GRACE KING, Author of ** Bienville," etc. JOHN R. FICKLEN, Professor of History in Tulane University. REVISED EDITION. University Publishing Company, NEW YORK NEW ORLEANS. f '. ' I v K' i I I "^ ii|vi|Vi:i;s li,Y; K , I\'VVT^ Entered according^ to Act of Congress in the year 1893 By grace king and JOHN R. FICKLEN, In the office of the Librarian of Congress at Washington, D. C. » The Bayougoulas and Mongoulachas. 1699. — The vil- lage of the B ayoug oulas and Mongoulachas resembled almost " identically that of the Tensas. TTtefe w^ere~only one hun- dred and fifty inhabitants in the village, a great many having died off in a recent epidemic. The cabins were cleanly kept. The bed frames, about two feet above the ground, had bark- covered branches the size of a man's arm, laid close together for mattresses, cane mats for sheets, and skins for covering. The only other furniture was earthen pots which the women made very nicely. The women tied their hair high on top of their heads and wore girdles of cloth woven from the fibres of trees, colored red and white and fringed with long cords that fell to the knee and shook with every movement of the body. The little girls wore girdles of moss. The men went naked except on grand occasions, when they tied around them a kind of sash made of feathers strung together and weighted at the ends with bits of stone or metal, which jangled and tinkled gaily when they danced. The warriors"' were handsome, well made and active, but very lazy. The fields for corn and pumpkin were small, and were tilled with implements of bone. When the crops were gathered they were used as play grounds by the tribes. There were a few chickens in the tribe which were said to have come from tribes in the far west, evidently from some of the Span- ish possessions. The dead, wrapped in straw mats, were placed on little conical, covered platforms, raised all around the village, attracting great crowds of buzzards and dissem- inating loathsome odors. The tribe regarded the opossum with particular venera- tion, but the French found it only a hideous combination of FRENCH EXPLORERS. 4 Ugliness, with its pig's head, rat's tail, badger's skin an pouched stomach. To require the hospitality and friendliness of these Ind; ans, Iberville spread upon the ground before them a dazzlin larray of presents — scarlet doublets embroidered in gold /scarlet hose, blankets, shirts, mirrors, beads, hatchets an: [knives. The Indians gave also of their best in return ; feast 'and entertainments, abundant supplies of corn and twelv large dressed deer skins. •"rom accounts that he had of La Salle's Mississippi ex ploration, Iberville understood that there was a fork abou here in the river. His plan was to return to the gulf b this fork. But when he questioned the Bayougoulas the; denied that there was any fork in the river, and said tha when Tonty went to rescue La Salle he had paddled the sam way both up and down the Mississippi. Fearing that th Bayougoulas might be deceiving him and concealing one o the outlets of the Mississippi, Iberville decided to go on t the next tribe, the Houmas, and interview them. One o the Bayougoula chiefs and a party of warriors accompanie( him as guides and introducers to the Houmas. Yv Manchac. — On the way the Bayougoula chief pointed ou on the right a small stream, which he said was the only strean he knew that ran from the Mississippi into the gulf. It wai called Ascantia, now Bayou Iberville or Manchac. Some miles further on, on the east bank, they came to a smal river celebrated for its fish, that formed the boundary lin< between the hunting grounds of the Houmas and the Bayou goulas. Baton Rouge. — Here Iberville saw a tall, straight pole painted red and hung with offerings of fish and game by thi Indian hunters. The Frenchmen called it a "Baton Rouge,' and thus named the spot afterwards to become the capital o Louisiana. 42 HISTORY OF LOUISIANA. Pointe Coupee. — The next day the chief pointed to a tiny stream running into the river on the left, and said if the boats could only get through it, they would cut off a whole day's journey. Iberville was not the man to be stopped by an " if." He put his Canadians at once to work. A huge drift pile was cut away, the bottom of the stream was deep- ened and cleared, and the boats were slowly towed through and launched into the Mississippi, just eighteen miles above the point where they had left it. The Mississippi in course of time adopted this cut-off also, and in a few years aban- doned its old channel entirely for it. The Houmas. 1699. — The Houmas' reception was even more cordial than that of the Bayougoulas and Mongoul- achas. A delegation of them were waiting to welcome Iber- ville at their landing, and there was no end to their ceremo- nies and professions of friendship. Iberville, who did not smoke, complained of the number of times he had to smoke the calumet. When the ceremony was at last over, the officers and the delegation set out for the Houma village, some eight miles inland. The Indians kept up their peace songs all the way, leading their guests up and down hill, through canebrakes and swamps, at such a pace that the heavily clad Frenchmen were severely tasked to follow them. At the entrance to the village the chiefs and principal warriors advanced, brandishing crosses made of white wood. All assembled in the open space in the centre of the village, where presents were exhibited, speeches made, more calu- mets smoked, and a great feast served. In the afternoon the handsomest of the young warriors and squaws, in all their finery of paints, feathers and jingling girdles, bounded from behind the trees and danced until late in the evening, to an orchestra of gourd rattles.* Then all adjourned to the great cabin of the chief, where, lighted by huge blazing fagots of cane, the frolic was kept •Called Chichiconthy, made of hollow gourds with pebbles inside. FRENCH EXPLORERS. 43 up till midnight. The French officers retired to the couches prepared for them, but not to sleep, for the chiefs harangued one another with interminable addresses until daylight. The Houma village was large and well built, like that of the Bayougoulas, but the tribe had also been very much thinned by a recent epidemic. They knew Tonty, who had passed several days with them, leaving his boats at the same landing where Iberville left his. But they said also that they knew of no fork in the river. T hinking that, like the Bayou- goulas, they might have some reason f^or deceiving him, Iberville determined to bring his visit to an end and hurry on to the Tensas and question them. Some of the Houmas and a Tensas Indian visitor consented to go with him. f? / Turning Point. 1699. — The boats pushed away from the landing; the oarsmen showing fatigue and discouragement after their long, hard pull up the river, on no better rations than sagamity with an occasional treat of dried beef. Stop- ping for dinner, Ib erville cross-examined all t he Indians again, separately^ about the fork in the river. They all ag reed that the Mississippi flowed williaiiL^Ju:&ak-tfl._thfi ^ulf and t hat La Salle and Tontv had never tr aveled but one wayto t he gulf aTirl l^arlf. He was forced to believe tKemV The Bayougoula chief , to prove his veracity, confessed to Iberville that Tonty had left a letter in his tribe to be delivered to a Frenchman, who was to come up from the sea (evidently meaning La Salle). The letter had been kept a secret from Iberville out of the suspiciousness and distrust natural to the Indian in treating with the white man. As he was pushed both for time and provisions, Iberville concluded that a further journey would be unwise and use- less. He gave the orders ; the boats were turned around. Rowing down stream, the men easily put mile after mile behind them. Arrived at the bayou called Ascantia, Iber- ville decided to go through it to the gulf. He left Sauvole in command of the expedition, and charged Bienville to obtain 44 HISTORY OP LOUISIANA. at any price Tonty's letter from the Bayougoula village; and with two canoes, four Canadians and an Indian guide, he pushed his way through the tangled opening of what was called henceforth Bayou Iberville. Bayou Iberville. 1699. — It proved to be but ten feet wide and three feet deep at most, and so choked up as to be almost impassable for even a pirogue. The first day they traveled twenty-one miles and made fifty portages over fallen trees and rafts. After a few days the Indian guide deserted. Iberville continued, without him, resolved to show the natives that he was not dependent upon them. Then one of the Canadians fell ill, and Iberville had to take his place, not only in paddling the pirogue, but in carrying an end of it over the portages. He noted with delight the beautiful country through which the Ascantia flowed. He said it was one of the finest he had ever seen — rich soil, handsome forests, and no canebrakes. The river was filled with fish, and alligators were so thick in it that at times he seemed to be paddling through a solid mass of them. He heard wild turkeys in quantities, but he did not succeed in killing any. The first lake he came to he named after his young pro- tector, the count de Maurepas ; the second after the count de Pontchartrain. Camping at night on the low grassy points or islands around the lakes, he made acquaintance with those pests of hunters and fishermen, mosquitoes ; " terrible little animals," he calls them, " to men in need of rest." Traveling from twenty to thirty-six miles a day, he soon came to the shores opposite Ship Island. He crossed over and mounted the deck of the Badine, ^ust one month and two hours after he had started on his expedition. Eight hours later Sauvole and Bienville were seen speeding their way across the gulf. Bienville brought the precious letter left by Tonty. He had bought it for a hatchet. It was addressed to M. de la FRENCH DOMINATION. 45 Salle, Governor General of Louisiana, and contained the account of the loyal pioneer's efforts to rescue his friend. He said he had found the cross erected by La Salle eight years before, lying half buried in the sand, and had set it up again twenty-one miles higher up the river. He had left another letter for De La Salle concealed in the hollow of a tree near the cross. As we have seen, no cross was found by the Iberville expedition, either going up or coming down the river; itJiad disappeared, and with it all clue to the other letter/^ Y QUESTIONS. What took place Mardi Gras morning? Account of journey up the river? The meeting with the Indians? Where did the French camp that night? What of the portage? Describe arrival and reception at Bayougoula and Mongoulacha landing? What did the chief wear! What was this trip of Tonty's? Describe Bayougoula and Mongoul- acha village? What of the Ascantia? Relate origin of the name of Baton Rouge? What about Pointe Coupee? Describe Houma recep- tion? Welcome of French? Did the Houmas know of the fork in the river? What did Ibeirville do at noon? What did Mongoulacha chief confess? What did Iberville conclude? What did he decide about the Ascantia? Whatwas the Ascantia henceforth called? When did he arrive at his ships? What did Bienville bring? FRENCH DOMINATION. P CHAPTER VIII. ESTABLISHMENT. Iberville had intended to take possession of the mouth of the river by making an establishment there. But now, with time and provisions running short, he saw that he must select some spot nearer Ship Island and his vessels. His choice lay between a site on Lake Pontchartrain ; the mouth of the 46 HISTORY OF LOUISIANA. FKENCU UOM NATION. 47 ^scagoula river, and the Bay of B iloxi. The advantages of the last were found so superior to those offered by the other two places that he decided in favor of it. The spot selected for the fort was on the highest point of the rising ground on the eastern shore of the bay. Work was commenced upon it immediately. Trees were cut, a space cleared and the fort laid out. The barges and small boats plied incessantly between it and the ships, fetching over the supplies of tools, implements, provisions, arms and ammunition, and the details of workmen drawn from the crews. The logs for the bastions and stockades were cut a mile and a half away and boated to the building. Corn and peas were sown in the clearings. In six weeks_ ejiough was completed to justify Iberville's leavings for Frarj ce- He put tho Si o uc -deL^au vole in command, and Bien- ville second in commq nri nnrler Viipi- TVipn taking with him only the men and provisions necessary for his own ships, he sailed for France. Sauvole vigorously carried on the work left him to do. He ' finished the fort, maintained discipline among his men, and made friends with his Indian neighbors. Almost every week brought a visit from some of them, prompted by curiosity or greed. The first to make an appearance was their old acquaint- ance, Autobiscania, the Bayougoula chief, with a party of his warriors. They were received with military honors, which duly terrified them, as was intended ; but the presents reassured them, particularly the shirts, which to their great delight were fitted upon them. They looked with wonder at the fort, astonished that the French could get together and pile up such a number of great logs in so short a space of time. All went well until the ?eiitinel came at nightfall to get the watchword from the sergeant. The whisperings threw the Indians into lively fears of treachery, out of which Sauvole had to calm and soothe them. 48 HISTORY OF DOtriSIANA. At daylight they confessed that their wives were on the side of the bay, and they would also like to see the fort. P ermission being gi ven, the savag e dame s were^s gat for. They landed ; Autobiscania, anxious that the show should be equal to female expectations, made signs to Sauvole to put his men under arms, and ran himself to hunt up the drummer. The visit terminated to the satisfaction of aUj V\ ,'J Bienville's Explorations. — After Iberville's departure — "from Biloxi, while Sauvole was regulating the affairs of the fort, Bienville proceeded to make acquaintance with the na- tives and countrv about him. H e visited the Uuinipissas. who lived on the shores of Lake Maurepas, and sought out the villages of the Moctobys, Biloxis, and Pascagoulas along the Pascagoula river. From there he went to Mobile Bay again and explored it, and made a reconnoissance on foot of Pensacola and its surroundings. On his return to Biloxi, he, with two pirogues and five Indians, set out once more to retrace Iberville's journey through the lakes and Bayou Iber- ville into the Mississippi, and to explore Bayou Plaquemine. But he found the Indians living on Bayou Plaquemine, the Ouachas, Chouachas and Opelousas, so ferocious and menac- ing that he was glad to beat a retreat to the Mississippi again. Paddling his way confidently along to within, twenty-three] miles of its mouth, he rounded a bend and was arrested by ; sight which startled and transfixed him. A corvette la anchored mid-stream before him. He sent his companior pirogue forward to speak the vessel. It proved to be Eng-i lish. Bienville then advanced and went aboard. The capJ tain, named Banks, turned out to be one of Iberville's olc Hudson Bay prisoners, and therefore an acquaintance o : Bienville's. The ship belonged to the expedition of whic! i Iberville had heard, and for which he had been so anxiousl ' on the look-out. It was one of three vessels loaded witl i emigrants which had sailed from England to make an estab' 1 frjWch domination. 49 lishment on the banks, of the Mississippi about the very I time that Iberville, with his squadron, sailed from France. ' They had passed the winter in Carolina, where the greatest number of colonists, pleased with the climate, had chosen to remain. One ship had returned to England, leaving the other two to pursue the search for the mouth of the Missis- sippi. The captain said they had cruised fruitlessly for thirty leagues round about, when he found this stream and entered it. As it was the only large stream he had discov- ered in his cruise on that shore, he doubted not that it was the Mississippi. Bienville convinced him that the river and country were in the possession of the King of France, who had force sufficient at hand to protect his rights. He had the satisfaction of seeing the captain raise anchor and head the corvette down stream. " The English Turn" in the Missis- sippi still commemorates the bend in the river where the /young lieutenant and his five Canadians obtained this triumph over the Englishman. Return of Iberville. — Iberville returned shortly after the n ew year, 1700. He brought with him supplies of money, provisions and reinforcements of men, a mong them sixty tried Canadians, who had been with him in Hudson Bay. His seventeen-year-old brother, Chateauguay, accompanied him, and his relations the Sieur de Boisbriant, and the famous pioneer, Juchcreau de St. Denis ; a noted geologist, the Sieur Le Sueur, came over also with men and means to develop certain copper mines that were said to be in the upper Mis- sissippi country. ^"Toerville stayed only long enough at Biloxi to get an expe- dition ready to build a fort on the Mississippi, which the visit of th e English captain warned him to be necessary. During the search for a proper situation, Iberville coming to the de- ser ted village of the Quinipissas, made a planting of sugar cane there from seed he had brought from St. Domingq. But the seed, already yellow and sour, came to naught. y 50 y3 HISTORY OF LOUISIANA. Fort Maurepas. rynn — ^^T he location selected for the fort was on the left bank of the river , about fifty-f our miles abo ve its mout h. A strong log building twenty-eight feet square was put upon it ; and a powder magazine, five feet above the ground, well banked with earth. During the building a pirogue of Canadians came down the river and stopped at the landing. Jberville greeted the leader , Tonty, "the Iron Hand," with warm welcome. The loya l man had heard ot the J^' rencn se ttlement ancT'hact travele d down the rive r tq offer his services. Ib erville gfadTy accepted them, for an exploration he wished to make into the Red river country, to find out the number of tribes of Indians living there, and the exact limit of the Spanish possessions. They set out at once. St opping at the Houmas on their way up the river, Iberville gave them some apple, orange and c otton seed to plant. Louisiana thus owes to him the first plantings of her two great staples. The Natchez. I'joo^i^At the Natchez landing Iberville despatched a messenger to announce his presence to the ^Natchez chief. The chief responded by sending his brother, escorted by twenty-five men, with the calumet of peace and an invitation to the village. ^ Climbing to the summit of the steep bluff, covered with magnificent forest trees, Iberville gazed with joy upon the beautiful rural landscape. " It was a country," he says, " of plains and prairies, filled with little hills and groves of trees, with roads intercrossing from village to village, and from cabin to cabin — a country resembling France not a little." Half way to the village the chief ap- peared, ceremoniously advancing, surrounded by his body guard — twenty large, well made men. The village differed from the other villages visited only in being handsomer and better built. The cabin of the chief stood on a spacious mound ten feet high. Facing it was the temple ; around stood the cabins, enclosing a handsome open space. A small running stream near by furnished the water. FRENCH DOMINATION. 51 yC The Natchez were the most enlightened and civilized of ' the Mississippi river Indians. They worshipped the sun, and their chief was called after their deity the Great Sun ; his brothers the Little Suns. The government was an absolute despotism. The Great Sun was master of the labor, prop- erty and lives of his subjects. He never worked. When he wanted provisions he sent out biddings to a great feast, and the invited were required to attend, bringing sufficient sup- plies for the entertainment and for the after support of the royal family. None were allowed to approach him without observing an elaborate deferential ceremony. He selected his servants from the most noted families, and when he died these servants were strangled to death, to accompany him to the next world. When an heir was born, each family that had a new-born infant appeared with it in the royal presence and a certain number were selected to be his attendants. If tlie heir died, all thus chosen, were strangled. The chief- tainship was hereditary, but it was not the son of the Great Sun, but the son of his nearest sister or nearest female relative, who succeeded to the government. The royal princesses were not allowed to marry in the royal family, but were forced to take their husbands from the common tribe. No women except the mother and sisters of the Great Sun, were ever allowed to enter the temple.O The Tensas. 1700. — The Indian guides all advised Iber- ville and Tonty not to attempt to go up Red river, which was much rafted and difficult of navigation. They persisted that the easiest and best way of getting into the Red river lands was by going up above Red river and striking across the country from the great Tensas village. The advice seemed reasonable, and it was followed. Ibei-ville, with his party, paddled up to the Tensas landing and made their way on foot through the woods to Lake Tensas, where they found pirogues for the rest of the journey , They were well re- ceived by the Tensas, but during the night were witnesses of t> 52 HISTORY OF LOUISIANA. such a scene of barbarity as turned their hearts from the tribe. A terrific storm broke out. Lightning struck the tem- ple, setting it on fire. In a few moments it was entirely- consumed. The Indian priest, or " medicine man," as he was called, attributed the disaster to the wrath of their god, because after the recent death of the great chief the tribe had not made the human sacrifices demanded of their faiths Standing by the furious flames, with the storm raging about him, he called out repeatedly in a loud, commanding voice: " Women, bring your children and offer them in sac- rifice to the Great Spirit to appease him ! " Five squaws responded, and five papooses, strapped in their swaddling clothes, were thrown into the heart of the burning pile. Proud of his victory over them, the priest led the unnatural mothers in triumph to the cabin of the new chief, where all the village assembled to praise, caress, and do them honor. A painful trouble in his right knee prevented Iberville, at the last moment, from leading the exploration into the Red river country. He turned the command over to Bienville and journeyed back to Fort Maurepas. On his arrival he fell very ill of fever, which kept him for some time from proceeding to Ship Island, vvhere quite a notable event was happening to enliven the monotony of the officers' lives. I Visit from the Spaniards. 1700. — De la Riola, governor of Pensacola, came in all the panoply of his power with three armed vessels and several hundred men to protest against the French settling in a country which he claimed belonged to the King of Spain. The French, no ways intimidated by the Spaniard's pomp and arrogance, determined to make as brave a show as he. During the four days of his visit all traces of sickness and privation were carefully hidden ; men and officers wore their gala uniforms ; wine flowed and banquets were served with reckless prodigality and the fort and garrison kept up one continual round of gaiety and frolic. De la Riola sailed away as majestically as he FRENCH DOMINATION. 6 came, but was very much impressed with the abundance am stability of the new French establishment. He was soon b be still more impressed with it. Seven days afterwards the officers at Ship Island saw ai open boat approaching from the sea, with figures of men ii distress in it. They proved to be the stately Spanish com mander and his officers, naked and famishing. A gale ii the night had struck their squadron shortly after leavini Biloxi, and every vessel had been wrecked on Chandeleu Islands ; they had not had time even to clothe themselves and for five days had only had a small bit of chocolate to ea and nothing but sea water to drink. Again the French proved themselves equal to the occasion Messengers were despatched with the news to Pensacola boats were sent to rescue the miserable crews perishing o the exposed sand bars; food, drink and clothing were pre pared. De la Riola was equipped from tip to toe out o Iberville's wardrobe ; the officers were supplied by the othe French officers, and French boats conveyed them all t^ Pensacola. QUESTIONS. Where did Iberville intend to make his settlement? What of Sau vole after Iberville's departure? What of Bienville? What Indian lived on Bayou Plaquemine? Give the meeting with the English ves sel? What commemorates the circumstance? When did Iberville re turn? Who accompanied him? What was his next expedition What of Fort Maurepas? Planting of cane? What expedition di Iberville and Tonty undertake? What seed did Iberville give th Houmas? Describe Natchez village and the Natchez? Give an a( count of Spanish commander's visit? 54 HISTORY OF LOUISIANA. CHAPTER IX. FURTHER ESTABLISHMENT. Bienville left the Tensas village with his party ; twenty- " two Canadians, with six Tensas and one Ouachita fori guides. It was early March, the severe winter still lingered,! and the country was beginning to overflow from rising water. Not only was every little bayou swollen into a rushing stream, but great tracts of land lay under the water from knee to breast deep ; in many places over the head. As they had no pirogues they crossed on foot-logs when they could find them (they were generally hidden underwater), and sometimes they would fell a tree for a bridge. But most of the times they swam or waded across, pushing their clothes before them on rafts ; always firing off their guns first, to scare away the ulligators. Bienville was only of medium height, so he was it a great disadvantage, and many times had to swim, when his companions simply waded. The water was icy cold ^nd the Indians soon turned back, saying they did not like walk' ing naked all day in cold water. At night the camp was pitched on any dry spot to be found. Sometimes the trav- elers would come to a good hunting place and a day would be given up to supplying their bags with game; but days would often pass when all the meals consisted only of sagam- ity. They would make from ten to twelve miles a day, cross- ing from six to a dozen bayous and swamps. Hardy as the Canadians were, many of them fell ill from the hard- ships and exposure. Often in the water they would be seized with chills and cramps, and were forced to climb trees and stay in the branches until they recovered. Once four men thus passed a whole day in the trees until rafts were sent to fetch them away. To add to their discomfort rain set in, and every day drenching showers would again and again wet them to the skin. But Bienville says they never stopped sing- FRENCH DOMINATION. 55 ing and laughing, to show the Indians they met that French- men, unlike Spaniards, did not mind such fatigue. They met only a few Indians journeying to get out of the high water, or carrying salt from the salt springs in the Ouachita country to sell to the Indians along the Mississippi. ,_^ They came to Red river, but found most of the villages inundated and abandoned. What Indians remained were liv- ing on rafts and scaffoldings, and their supplies of corn were too meagre for the French to buy any. Bienville visited some villages of the Natchitoches, Sou- chitionis, Nakasas, and Yataches, living above the water, and there he met some Caddodaquious Indians, They gave him so discouraging an account of the road and distance to their village that Bienville decided not to push his sick, disabled and half-starved men any further to get there. Procuring pirogues, he brought them down Red river to the Missis- sippi.* On his arrival at the settlement, Iberville put him in command of Fort Maurepas and sailed to France. T~Fort Maurepas. 1700. — Bienville took up his position at /Fort Maurepas, which soon, with its fields of corn and vege- f tables, formed a bright picture on the banks of the great, savage river. Canadian coureurs de bois learned the way down ^here from the north and west ; and every now and then bands of them would paddle up to the landing, their pirogues almost sinking under the heavy loads of peltry, dried meat and bears' grease ; the sombre forests resounding with the echoes of their loud frolicking. More quietly and humbly, missionaries, who had already begun to estab- lish themselves along the Mississippi, would come, with a few attendants only and Indian guides, to the new settlement of their faith and country to greet their compatriots and get tidings from France. A * Juchereau de St. Denis the following yeai explored the same country as far as the Caddodaquious ; and a few years afterward founded a post at Natchitoches. St Denis' attempts tj open an overland trade from the Fiench colony to Mexico led to a series of romantic and thrillingf adventures of which he was a most interesting hero. St. Denis may be called the father of the Na tchitoches country. 56 HISTORY OF LOUISIANA. Biloxi. 1700. — At Biloxi Sauvole struggled through try- ing experiences. The Canadian settlers proved themselves unruly under discipline ; they liked no work but hunting and fighting, and were much given to drinking, saving up their daily allowance of spirits until they accumulated enough to get intoxicated. Then the Indian visitors came in such num- bers that he was hard pressed to give them the food and presents they expected, and without which they might turn into enemies ; in addition to this, great pirogues of Canadians would come to Biloxi from Fort Maurepas, and they would quarter themselves on the garrison until asked to leave. The ship of supplies promised from France did not arrive. Sau- vole had to send to St. Domingo and buy the necessaries of life. There was a drought which killed all vegetation arid dried up all the springs. This was followed by a season of • great rain. Fever broke out and soon became epidemic. Soldiers and Canadians died in numbers. Death of Sauvole. August, 1701. — The gallant young commander himself was stricken with it and died in August, 1701, leaving his uncompleted lournal for a record of his faithfulness and conscientiousness in duty. At the news of his death, Bienville hastened over from Fort Maurepas to Biloxi and took command. '» Arrival of Iberville. 1701. — In December, couriers from Pensacola brought news of Iberville's arrival at that port, accompanied by De Serigny, his brother, a mariner of great repute in the royal navy. He was unable to move from Pen- sacola, being confined to his bed with an abscess in his side, which caused him great suffering, and for which he had been operated on ship-board. The fever which he had caught on the Mississippi had continued in France, almost causing his death there, and preventing his return sooner to the colony with the supplies he had promised. Impressed with the necessity of a port directly on the gulf coast as a protection to his position on the Mississippi, and JfRfiNCH boMtNATlON. 57 Still unreconciled to the possession of Pensacola by the Span- iards, Iberville had, during his long stay in France, endeav- ored to procure its cession from Spain. He wrote an able paper to the court of Spain on the subject, assuming as war- rant for his presumption the new and near relations between the thrones of France and Spain (the grandson of the king of France being heir to the throne of the king of Spain). The paper was submitted to the Spanish Junto, or council of state, who, far from approving his designs, warned him, as an interloper, off the coast which they claimed still as Span- ish. Iberville's answer to this was the determination to settle ^ Mobile. That would give France a close and definite boun- / dary line on the east against the Spaniards, assure her of the I possession of the Mobile river, the next important stream of \ the country after the Mississippi, and secure to her the con- \ tinuous stretch of Gulf Coast all the way to La Salle's western j limit, Matagorda Bay. Without loss of time, he sent orders to Bienville to transport the colony from Biloxi to Mobile.- Mobile, 1702. — The new fort, named Fort St. Louis de Ix Mobile, was to be situated on the right bank of the Mobile river, about fifty miles above its mouth. The work of removal from Biloxi was pushed forward vigorously. De Serigny brought over from Pensacola his ship laden with the supplies for the colony, and all the small boats and men to be spared from Iberville's ship. Tents were erected on Massacre Island for the storage of freight until flat-boats could be btljlt to convey it across the bay and up the river. As soon as Iberville was well enough to come to Mobile and superintend the work, Bienville was sent out to establish re- lations with the tribes of the country round about. On the island at the mouth of the Mobile he found only deserted habitations, and on one of them the carefully hidden gods of one of the vanished tribes. They were rude figures of men and animals, which the Indian guides would only approach by 58 HISTORY OF LOUISIANA. walking backwards, and which they warned Bienville not to touch on pain of death. Bienville, to the Indians' astonishment, carried them with- out suffering any disaster to Iberville, who examined them and pronounced them relics of some of the old Spanish ex- plorers. Eighteen miles above the fort were the Mobile Indians, the descendants of the fierce warriors who had given De Soto so warm a reception. Six miles above the Mobiles lived the Tohomes, a small but industrious tribe, whose corn crops / often stood between the French garrison and hunger. On i the Alabama river were the Alabamas, a fighting, refrac- j tory tribe, whose warriors were ever on the war path against; their neighbors, white and red. On the Apalachicola river i were the Apalaches, or Conchaques; a peaceful tribe sub- s dued to the Spaniards, but suffering such ravages from the '; inroads of the Indians incited by the English of Carolina ! that they soon moved into the neighborhood of the French j for protection. To the northwest, between the Tombigbee 1 and the Mississippi, was the territory of the Choctaws, the 1 largest and most powerful tribe of the region. Cunning, brave and well skilled in their savage warfare, they formed the great safeguard of the French against the vin- j dictive and unconquerable Chickasaws. The lands of this I celebrated tribe lay to the north of the Choctaw, between/ the French and English possessions, and the French found/ them in course of time more redf. 126 lie and private documents relating thereto, and particularly the names of the persons who wrote and published the decree of the council ordering the expulsion and the man- ifesto succeeding it. Aubry, accepting the role of informer, furnished not only all that was officially required, but such gratuitous personal evidence as would make him agreeable to the Spaniards. Masan, Chevalier of St. Louis; Foucault, the commissary; Marquis, ex-captain of a Swiss company; the two De Noyans, nephews of Bienville ; and Villere, were named as the richest and most distinguished citizens who had taken part in the Spanish expulsion. All the documents with sig- natures attached, and the manifesto with Braud's stamp as printer, were put into O'Reilly's hands. Upon different pretexts, O'Reilly secured the attendance of Lafreniere, De Noyan, the two Milhets and Boisblanc on the same day at his levee.. He received them with more than his usual courtesy, and suavely begged them to pass into the next room with him. They complied unhesitat- ingly, walked into the apartment and were surrounded by Spanish grenadiers with fixed bayonets. Then throw- ing off his mask, O'Reilly denounced his guests as rebels to the King of Spain, informing them that they were prisoners of state and their property and fortunes confiscated. The gentlemen, then under strong guard, were conveyed to the places which had been selected for their imprisonment ; some to the barracks, some to the frigate in the river, and some to their houses, where a guard was stationed. Villere, who had been marked also for arrest, was on his plantation on the German coast. On the news of O'Reilly's arrival he had intended to put himself and family under the protection of the British flag at Manchac, when he received a letter from Aubry assuring him that he had nothing to appre- hend, and advising him, on the contrary, to come to the city. As flight seemed to imply a consciousness of guilt, this advice 126 HISTORY OF LOUISIANA. was more congenial to Villerd's character. He set out at once for New Orleans. At the city gate he was stopped and carried a prisoner aboard the frigate. Madame Villere, hearing of her husband's arrest, hastened also to the city, and taking a boat had herself rowed to the frigate. She was ordered away. Villere, hearing the supplicating voice of his wife, made an effort to get on deck to see her. The sentinel opposed him. There was a struggle, and the gallant Creole fell, transfixed with a bayonet. He died shortly afterwards^ Trial of the Patriots. — O'Reilly confided the trial of the prisoners to his own officials, who made all the examina- tions, records of testimony, etc., necessary for a prosecution for treason according to Spanish criminal law. Foucault pleaded that as he was royal commissary of the King of France, he was accountable only to him. His plea was sustained. Braud pleaded that he had printed the mani- festo only on order of Foucault, wh'ch, as royal printer of Louisiana, he was bound to respect. He was released The other prisoners confined their defence to a denial of the juris- diction of the tribunal before which they were arraigned. They claimed that the offences with which they were charged took place while the flag of France was waving over them and the laws of that kingdom were still in force in the colony, and that as the people of Louisiana could not wear the yoke of two kings at once, they could not at the same time, offend against the laws of two kingdoms. O'Reilly had decided from the first, for an example, to proceed with the utmost rigor of the law against six of the prisoners, and as the law authorized a less severe punishment than death unless the charge was proved by two witnesses, the trial in reality was merely to separate those who were to lose life and property frotn t-hose who were to lose liberty and property. As there was no defence made, the accusation meant condem- nation. The sentence condemned Nicolas Chauvin De Lafreniere, De Noyan (the nephew of Bienville), Pierre SPANISH DOMINATION. 127 Caresse, Pierre Marquis and Joseph Milhet to death. They were to be conducted to the place of execution on asses, with ropes around their necks ; to be hanged, and to remain hanging until O'Reilly ordered otherwise. Warning was issued against any one's rescuing the bodies or in any way frustrating the execution of the sentence on pain of death. As Villere had already met his punishment, all that Span- nish authority could do was to condemn his memory as in- famous. Petit was sentenced to prison for life ; Masan and Doucet for ten, and Boisblanc, Milhet and Poupet for six years. All copies of the manifesto and all papers relating to the event were to be burned in the public place by the hangman. Execution of the Sentence. September 28, 1769. — As there was no hangman * in the colony, O'Reilly was pre- vailed upon, to commute the sentence to death by shooting. On the morning of the fatal day the guards were doubled at every gate and station of the city. All the troops were put under arms and were kept prepared for action along the levee and on the public square. Those of the citizens who could, fled into the country. Doors and windows were barred ; all sign and sound of life suppressed. At 3 o'clock the patriots were led out of their prison to the square in front of the barracks. They were tied to stakes and received their death with the calm firmness of the innocent and of the brave. O'Reilly Governor. 1769. — In the cession of the colony, Louis XV had expressed the hope that justice should be administered according to the accustomed laws, forms and * The historian Dumont relates: "As at one time there was no executioner in ** the colony and no one who would talte the exercise of the oihce, and as every •* well organized government needed an ofhcial executioner, it was decided to give *' the charge to a negro, named Jeannot, belonging to the Company of the Indies. "He was summoned and told what was intended. He tried to get out of it, " although the office would have given him his freedom. But he sawthat there was "no escape, that he would be forced into it : • Very well,* he said, * wait a moment.' " He hastened to his cabin, seized a hatchet, laid his arm on a block of wood, and " cut off his hand. Returning he showed his bloody stump to the commissioners." 128 HISTORY OF LOUISIANA usages of France. O'Reilly, in his policy of reconstruction heeded no such desire. A proclamation in November an nounced to the colonists that all hitherto existing forms of government were abolished and that Louisiana was to be placed under the same regulations that reigned in other Spanish colonies. For the Superior Council, a cabildo was substituted, composed of six regidores, two alcades, an attorney general, syndic and clerk, over all of which the Spanish governor was to preside. The Spanish language was ordered to be employed by all public officers ; and the colony was to be made as far as possible Spanish; at least in appearance. During the winter the governor made a tour of inspection of the settlements along the liver coasts. The most notable planters were invited to meet him ; but he received only a dignified and cold submission from them. Some of the French soldiers enlisted in the Spanish service. Many were discharged and received grants of land ; those who wished to remain in the French service were offered free passage to St. Domingo or France. Aubry sailed with those who re- turned to France. His vessel reached the continent in safety, but foundered in the river Garonne. Aubry perished, with nearly all on board. Large numbers of merchants and mechanics of New Or- leans, having no taste for the sample of government they had seen, emigrated to St. Domingo. Many of the most pros- perous planters followed them. The movement, indeed, became so great that O'Reilly, to check it, withheld pass- ports from the applicants. O'Reilly, himself, took his departure from the colony dur- ing the summer, leaving behind him a reputation which has become immort^ilized in Louisiana in the sobriquet of " Bloody O'Reilly/' He appointedy/as successor one of his colonels, Don Luis de Unzaga. ;' t / SPANISH DOMINATION. 129 Unzaga Governor. 1770-1777. — Unzaga's appointment was confirmed by the court of Spain. His mild and easy administration relieved the colonists from the gloom into which the horrible rigor of O'Reilly had plunged them. He married the daughter of a prominent Creole of the province, and some of his officers following his example, good will was not long in being established between the two nations. But the colony was nothing more than a royal apanage. The narrow-minded commercial policy of Spain which the New Orleans merchants had dreaded was applied rigorously, and it produced the effect they had predicted — it killed all enterprise. The only trade carried on was still by the alert English in contraband. Besides large warehouses in Man- chac, Baton Rouge and Natchez, and their vessels of goods moored at Little Manchac, they now had two large boats, with their cabins fitted out like stores, which they kept trav- eling up and down the river, stopping at the call of any planter. Unzaga closed his eyes at the infraction of the law, without which he knew it would be impossible for the colony to subsist.* War of Independence. 1775. — In the British colonies resistance to the arbitrary taxation of the home government had culminated in the memorable war which was to result in the independence of America and the federation of the United States. During the desperate struggle that ensued after the battle of Lexington, the need of supplies by way of the Mis- sissippi brought American merchants and emissaries to New Orleans, where, with Unzaga's connivance, they established commercial connections to buy arms and ammunition to ship to the colonial forces. *It was during Unzaga's administration that tlie celebrated religious war be- tween the French and ijpanish Capuchins took place; from the Spanish iather, Cirilo, attempting to substitute the grim tanaticism of Spanish practices for the pastoral government of the French father, Dagobert, an episode much celebrated m local nction and poetry, and one which has elevated the French Capuchin, good Father Dagobert, into the ecclesiastical hero of the place, IJnzaga acted during the troublous discussion with the toleration and equity which eminently distin- guished him in all his administrative difficulties. 130 HISTORY OF I.OUISIANA. Unzaga was appointed captain general of Caraccas and was succeeded by Don Bernardo Galvez. Don Bernardo Galvez. 1777-1785. — Galvez was a brill- iant young officer of twenty-two, the colonel of the Spanish regiment of Louisiana and powerfully connected ; his father being viceroy of Mex- ico and his uncle secretary of state and president of the Council of the Indies, an office second in authority only to the king. Galvez, like Unzaga, did ail in his power to ren- der his nation and his gov- ernment acceptable to the colonists. He opened his administration by mitigating the strict decrees against trade, and French vessels were once more permitted to land at New Orleans. Competing with the English, they soon suc- ceeded to their monopoly, and enterprise and activity revived among the Creole merchants and planters, who were further encouraged by the offer of the Spanish government to buy in future all the tobacco raised in the colony. In the city, assist- ance was furnished more and more openly to the warring American colonies. Not only were regular shipments of supplies made to Virginia and Pennsylvania, but emissaries passing backward and forward in their effort to stir up a revolt also in the Floridas made it a stopping place and rendezvous. An American in Philadelphia even fitted out in New Orleans an expedition against the British posts which captured the fort at Manchac and ravaged the plantations as far as Natchez. War. — It could not be expected that France should remain neutral in the conflict between the Americans and her old foe. BERNARDO DE GALVEZ. SPANISH DOMINATION. 131 From private encouragement and assistance she passed to open recognition of the independence of the revolted colonies and to a treaty of alliance with them. England responded by hostilities against France. Spain offered her mediation for a general peace based on the separation of the colonies from the mother country. England, haughtily refusing, Spain de- termined to take a hand herself in the quarrel, by declaring war agamst England. It was the opportunity above all others desired by Louisiana's young martial governor. Capture of British Forts. — Galvez mustered a force of about fourteen hundred men, composed of the colonial militia, Indians, colored soldiers, and volunteers from the Americans in the city. Marching up the river he captured Fort Bute ; forced Baton Rouge to capitulate, and in her capitulation to include Fort Panmure at Natchez, and three other small gar- risons in the neighborhood. Mobile Captured. 1780. — Returnmg to New Orleans, he immediately commenced preparations for an expedition against Mobile, and sailed from the Balize with over two thousand men. In the gulf he was overtaken by a storm, which came near wrecking the whole expedition. He succeeded, however, in reaching Mobile river, and, in spite of the con- fusion and demoralization of his army, marched to Fort Char- lotte and forced its surrender. Expedition Against Pensacola. 1781. — The conquest of Pensacola was next determined upon, but this place was too well fortified for Galvez to hope for the easy triumphs of the past. He sent to Cuba for troops. The captain gen- eral promised but did not send them. Galvez then sailed there in person and obtained them. Returning across the gulf, he encountered a terrible hurricane ; many of his transports foun- dered, the rest were dispersed. He put back to Havana, col- lected and refitted a new armament and sailed for Pensacola with a ship of the line, two frigates, several transports and fourteen hundred men, with full equipment of artillery. 132 HISTORV OF LOUISIANA. He landed on the island of St. Rosa in March, and erected a battery to protect his ships while crossing the bar. But when the attempt was made the commodore's ship got aground and he refused to proceed. Galvez had the channel sounded, and found water enough for his largest vessels, but the Spanish officers still refused to risk' the royal fleet, in a channel they did not know, under fire of a formidable fort. Galvez then decided to carry through his own colonial gun- boats and thus force the Spanish commodore into following his example. Towards noon he went aboard, ordered the pennant to the mainmast, salutes fired and sails set. The fort commenced a brisk cannonade, but his boats sailed trium- phantl)^ through it, and Galvez landed on the island of St. Rosa, amid the acclamations of his men. The rest of the fleet crossed the bar next day with like success. Attack. — After some parley, with a view of excluding the town of Pensacola and its inhabitants from exposure to the fortunes of war, the English commander withdrew with all his forces into the fort. The Spaniards threw up their earth works on both sides the British walls and stationed their batteries. From these and from the fleet in front a tremen- dous fire was poured into the fort. Again and again the men were driven from their guns, but the Spaniards gained no decided advantage. On the contrary, the British erected a battery whose heavy guns soon silenced the Spanish ships and drove them to the other side of the bay. After a month's siege an accident turned the uncertain victory to the account of Galvez. The powder magazine in one of the advanced re- doubts took fire from a shell and blew up, opening a passage to him. He had barely taken possession of it when the British displayed a white flag. A capitulation was agreed upon by which the whole province of West Florida was sur- rendered to Spain. The garrison was allowed the honors of war and transportation into the English dominions. The brilliant services of Galvez were rewarded with the SPANISH DOMINATION. 133 Cross of the Royal Order of Charles III, the title of Count, promotion to Lieutenant General in the army, and Captain General of Florida and Louisiana. He sailed shortly after- wards to Havana, to take command of the Spanish forces in a combined French and Spanish attack on Jamaica, leav- ing the government of Louisiana "during his absence to Don Estevan Miro, colonel of the Spanish regiment of Louisiana. _1_ Peace of Paris. American Independence, 1783. — The great and glorious struggle of the Americans drew to an end." Great Britain was forced to acknowledge their in- dependence. The peace was signed in Paris, January 20, 1783. By a following treaty Spain retained her conquests in Florida. The line between her territory and that of the United States was fixed at a point in the Mississippi river ; latitude, 32 deg. north, extending to the middle of the Apalachicola river, following it to its junction with Flint river, thence to the St. Mary's and down its middle to the Atlantic ocean. Navigation of the Mississippi, from its source to its mouth, was declared free to the subjects of Great Britain and citizens of the United States. The new lines were, however, not fixed before they were called into dispute. The State of Georgia claimed a large territory inside the Spanish boundary, and sent commis- sioners to New Orleans, demanding its surrender. The question, referred to the court of Spain, reopened negotia- tions between the two countries, which lasted several years. And the navigation of the Mississippi, declared free on paper, was practically closed by the oppressive taxes and duties of the Spanish officials. 1784. — During their short and brilliant war against their English neighbors, the Louisianians suffered great agricul- tural and commercial depression. The paper money fell to half its value ; crop after crop failed. The sorely needed 134 HISTORY OF LOUISIANA. peace did little to mitigate the crisis. For two years succes- sively hurricanes had swept the country bare of vegetation and buildings ; and the waters of the gulf, driven inland in a great tidal wave, had submerged land and stock. In addition, there were the usual overflows trom the river, and a rainy summer following brought an epidemic of fever. The nec- essaries of life rose to an extreme height and want and suf- fering wrung bitter complaints from the inhabitants. The severity of the winter that succeeded was unknown in all pre- vious experience. White frosts appeared in September. By November the cold was intense. In February the_ whole width of the river in front of New Orleans was so filled with blocks of ice that for five days all communication be- tween the two banks was interrupted. Early in 1785 Galvez was appointed viceroy of Mexico, to succeed his deceased father, and Miro became governor of Louisiana. QUESTIONS. Give an account of O'Reilly in New Orleans. Arrest of the pa- triots. Their trial and execution. Spanish reconstruction in Louis- iana. Unzaga's administration. Administration of Galvez. Capture of the British possessions. Give account of the Peace of Paris — the boundaries it fixed and the provision regarding the Mississippi river. CHAPTER XIX. Governor Miio. 1785-1791. — Miro continued the wise policy of his predecessors, exerting himself to obtain from the Court of Madrid as much extension of commercial privi- leges as possible, foreseeing that in commerce lay the very life of the colony. He was fully impressed with the impor- tance of the Mississippi as the artery of trade of the country. SPANISH DOMINATION. 135 "As many as forty vessels at a time," he wrote to the home government, " could be seen on its waters."* The natural, and in that ante-railroad period the only outlet for the produce of the Middle, or, as they were then called, the Western States, the river was indeed asserting its importance in a manner that both governments were forced to consider. After the War of Independence there poured down upon its currents one continuous line of flat-boats laden to the edge with the produce of the rich soil from above. These cargoes found ready sale, and were soon the main source of food supplies to the city. The flat-boats, after being unloaded, were broken up and sold for timber. But the sturdy flatboatmen from Ohio and Kentucky, on their return, had always a long list of seizures, confiscations, im- prisonments, and vexatious interferences of all kinds by the Spanish authorities, to report, and the people of the States, strong and bold in their new liberty, were not of the kind tamely to brook such treatment. They considered that the , Mississippi river belonged to the people of the Mississippi valley, and they were determined to have the use of it to its mouth. Among the violent, invasion of Louisiana and forci- ble seizure of New Orleans were talked about. The more peaceable applied to Congress to obtain from Spain by ne- gotiation the full observance of the last treaty. Miro, alive to the critical temper of Americans and to the defenceless condition of the colony, redoubled his vigilance and relaxed the restrictions upon the river trade. To fill up the country, he encouraged emigation from the West into the Spanish possessions on the Mississippi, and another large number of Acadian families coming into the colony,, he settled them in the neighborhood of their compatriots on *One of the first acts of Miro's administration was the building of a hospital for lepers in New Orleans on what was long called " la terre anx lepreux/* or lepers* land, situated on Metairie Ridg^e. UUoa had attempted to confine some of the lepers at Balize, but the public discontent caused him to desist. 136 HISX0SY OF LOUISIANA. both sides of the Mississippi and in the Attakapas* district. To increase Spanish population, the Spanish govern- ment had in this, and also during the previous adminis- tration^ transported to Louisiana a number of families from the Canary Islands. f These were settled, some at Terre- aux-bjbeufs ; some at Bayou Manchac, where they formed a village called Galvezton ; and some at Venezuela, on Bayou Lafourche. The English inhabitants of the Natchez district were en- couraged to remain and take the oath of allegiance to Spain ; they were forbidden, however, the public exercise of their worship, and the king sent out, at his own expense, Irish priests to convert them to the Roman Church. At the same time, Miro spared no means to conciliate the Indians, and he succeeded in drawing to New Orleans thirty-six of the most influential Chickasaw and Choctaw chiefs, gave them rich presents, harangued and feasted them. ^ 1787. — General Wilkinson, a distinguished officer in the War of Independence, became a prominent figure in the crisis. He conceived the plan of relieving the strained con- dition by establishing such relations between the people of the interior and the Spaniards as would be profitable to both. He came to New Orleans and made the acquaintance of Miro, who, fearful at every rise of the river of an invasion from the indignant Americans to the north, eagerly wel- comed any arrangement by which such a possibility might be avoided. He even flattered himself that Wilkinson's friendship and the necessity of the Mississippi to the Middle States, properly handled, might result in their secession from the Union, and the erection of a friendly republic under the *In the beginning of 17S7 the districts of Opelousas and Attalcapas, which so far had been under one officer, were divided into two separate commands. Nicholas Forstal was appointed commander of the Opelousas district, and the Chevalier de Clouet, who had before presided over both, was left in charge of the Attakapas. t Called to this day " Islingues," from islenos, islanders. SPANISH UoMmATloN. 13? dependence of Spain, between the Spanish and the United States boundaries. New Orleans. 1788. — In the capital life was changing from the rude simplicity of the early Canadian days to the tone and fashion of European cities, of which the foreign officers and their families set the standard. Handsome resi- dences of brick and stucco with hand-wrought iron gates and balconies, and spacious court yards, began to replace the low, tile-covered cottages of the first settlers. But the march of improvement was arrested by a most disastrous occurrence. On Good Friday, 1788, the house of one of the Spanish officials caught fire from the lights on the altar of the domestic chapel. The flames spread until the entire city seemed doomed ; eight hundred and fifty-six houses, the Cathedral, Convent o£ the Capuchins, Town Hall, the arsenal and all its contents, were consumed. Nothing could exceed the scene of ruin anddesolation that ensued. New and handsomer buildings, however, were soon being built on the old sites, and Don Andres Almonaster,* a rich and influential citizen, commenced his generosities to the city by replacing the burned schoolhouse, and laying the foundation of a new and handsome cathedral. In the beginning of 1789 Louisiana learned that Charles III was dead, and that Charles IV, his son, succeeded him. But the new king was more intensely Spanish than the last, as the colony soon perceived. Inquisition. — The Spanish Capuchin priest, Antonio de Sedella, who had lately arrived, was commissioned to intro- duce the Inquisition into the city. He made his preparations with the utmost secresy and caution, and notified the gov- *Don Andres Almonastor y Roxas was a native of Andalusia. He was a Knight of the Royal Order of Charles III, colonel of the militia, alderman and royal lieutenant of the corporation, founder and donor of the cathedral, the court house, of the Hospital of St. Charles and of its church; also of the hospital for lepers and of the convent and school of the Ursulines. He died in 179S, and was buried in the cathedral, in which perpetual masses are celebrated for his soul. 138 HISTORY OF I.OUISIANA. ernor that he might soon, at some late hour at night, find it necessary to require guards to assist him. Miro did not hesitate to risk his own authority to prevent an establishment, the idea of which made him shudder. The night following the Capuchin's notification, when the rep- resentative of the Inquisition was quietly sleeping, he was aroused by a heavy knocking ; opening the door, he saw an officer and a file of grenadiers. Thinking they had come in answer to his letter, he said : " My friends, I thank you and " his excellency for the readiness of this compliance with my " request. But I have now no need for your services, and " you shall be warned in time when you are wanted. Retire " with the blessing of God."* Great was his stupefaction when he was told that he was under arrest. "What," exclaimed he, "Will you dare lay your hands on a Commissioner of the Inquisition!" "I dare obey orders," replied the- undaunted officer; and the Reverend Father Antonio de Sedella was instantly carried on board of a vessel which sailed the next day for Cadiz, f ' jpv Goddess of Liberty. 1791- — Tender of the political as well as religious condition of the people, the King of Spain prohibited the introduction into the colony of any boxes, clocks, or other objects stamped with the figure of the American goddess of liberty. \ French Revolution. 1789-1791. — It was a time indeed to fear the spread of ideas of liberty. The heroic stand of the United States against England, and the independence and freedom thereby gained, had fired the long discontented French people into a revolt against their monarchy. The revolution which broke out with such deplorable vio- lence in France was followed in the French colonies with even more bloody exhibitions. In St. Domingo the negroes, * Gayarre, Spanish Domination. t A few years later Pere Antoine returned and lived and worked in the city until 1S2Q He made himself so beloved by the people that his memory is still cherished by both Protestants and Catholics. SPANISH DOMINATION. 139 not satisfied with the freedom granted them, resolved to rule supreme. A general massacre of the whites was plotted and carried out with revolting cruelty. Those who could escape fled to neighboring countries ; many came to Louisiana. Among the refugees were a company of French comedians. They opened a theatre in New Orleans, originating the regu- lar French dramatic performances which still continue in the city. Miro was permitted to retire from Louisiana and return to Spain in 1791. He had endeared himself to the colonists by his kind manners and fine moral qualities and had done much to reconcile them with the Spanish Domination.* Carondelet. 1792-1797,— Francois Louis Hector Baron de Carondelet, like his predecessors, was a colonel in the royal army. He was a native of Flanders, and at the time of his appointment was governor of San Salvador in Guatemala. He is described as a short, plump gentle- man, somewhat choleric in disposi- tion, but not lackmg in good nature. As Miro had done, Carondelet tolerated the open disregard of the duties imposed upon the Mississippi trade, and New Orleans was per- . mitted to stride forward to the com- BARON CARONDELET. mcrcial positiou which her geo- graphical situation warranted.. Numbers of Philadelphia merchants established branch houses in the city, and Ameri- cans began to crowd in to fill the lucrative positions daily offering. But as before, whenever prosperity seemed most assured, events in Europe disturbed it. ♦ Miro had acensus of the population taken in 1789, with the following result: Total, 31,433, showing a doubling of the population since 1769. The slaves and whites were about equally divided; the free colored amounted to iioo; the number of Acadians to 15S7. 140 ttlStORY OF LOtriStANA. News arrived that the French Republic had been pro- claimed, and Louis XVI beheaded ; and with it came the I declaration of war by Spain against France, vi^ t^^ The Spanish reconstruction had never gone to the hearts of the Louisianians, they still were Frenchmen, had never ceased to speak their own language, nor to long for an opportunity to return to their own nationality, and they had been French Republicans in spirit ever since Louis XV had thrown them off and abandoned them to the vengeance of O'Reilly. They saw now a chance for changing their government for one animated by the freedom and progressive spirit of the United States, but French in language and nationality. One hundred ^nd fifty of them boldly signed a petition addressed to the new French Republic, praying to be placed under its protection. At the theatre in New Orleans, the new French patriotic hymn, the Marseillaise, was demanded from the orchestra, and in all drinking saloons stirring revolutionary songs were sung. Carondelet had another paper signed, in which other colonists pledged themselves to the King of Spain, and to the present government of Louisiana. The orchestra at thtj theatre was forbidden to play martial or revolutionary music, and revolutionary songs were prohibited on the streets and in the drinking saloons, and six of the most violent partisans of the Republic were shipped away to Havana. The fortifica- tions of the city were strengthened and repaired ; the gov. ernor himself going on horseback every morning regularly to superintend the work. Fort St. Charles was built imme- diately above the city, and another fort, St. Louis, immedi- ately below. In front of the principal streets was placed a strong battery, which commanded the river and crossed its fire with that of the forts. In the rear of the city were three other forts: Burgundy, St. Ferdinand and St. Joseph. They were smaller than those in front, and connected with a ditch forty feet wide and seven deep. With the earth taken out of the SPANISH DOMINATION. 141 ditch, a parapet, three feet high had been made, protected by a palisade twelve feet high. The two batteries at English Turn were abandoned. A large fort (St. Philip) was built at Plaquemine Turn and a smaller one placed on the opposite side of the river. The militia was drilled and disciplined. These measures had their effect on the colonists immedi- ately under the power of Spain, but the agitation outside continued unabated. A society of French Republicans in Philadelphia circulated an address in Louisiana, calling upon their brethren, in the name of Liberty, Equality and QoaazDoa CITY OF NEW ORLEANS IN I'J'JQ, Fraternity, to strike a blow against the Spanish despotism which enslaved them and join the nations of the free ; prom- ising that down the waters of.the Ohio would soon come abundant help of men and money. The French minister to the United States turned his efforts to getting up an expedi- tion composed of Frenchmen and Americans, which he pro- 142 HISTOIIY OF LOUISIANA. posed to lead himself into Louisiana. Profiting by the preju- dice against the Spaniards, he gathered a large band on the borders of Georgia and even gained a strong party of Indian warriors to join the movement. August de la Chaise, a na- tive Louisianian (grandson of the royal commissary of 1723), was sent to Kentucky to recruit invaders there, who were to descend to New Orleans by way of the Ohio and Missis- sippi. The authorities of the United States, however, firmly in- terfered to prevent this violation of international treaty, and the governor of Georgia issued a proclamation against the proposed use of his territory. De la Chaise, disappointed in his hopes, dispersed his force of two thousand men and re- tired to France. J^^ 1/ Treaty of Madrid. 1795.— Finally the long pending negotiations between the United States and Spain drew to a close. The boundary line was changed to the 31st deg. north latitude, running eastward to the Chattahoochie and thence out on the former line to the ocean. The free navi- gation of the Mississippi was again stipulated- and permis- sion given to the people of the United States to use New Orleans for three years as a place of deposit for their produce and merchandise and to export the same free of all duty ; the term of three years to be extended at its expiration or another place of deposit designated on the island of Orleans. Making of Sugar by Etienne de Bore.* — M. de Bore had settled on a plantation six miles above New Orleans, on the same side of the river, and, like most of the planters in Louisiana, had devoted himself to the cultivation of indigo. Hurricanes and overflows, however, had much diminished his fortune, and in addition an insect had appeared, which attack- * Etienne de Bor6 came of distinguished Norman family. He -was born in 1740 in the Illinois, but was taken at an early age to France. After the completion of his education he entered the Royal Mousquetaire or troops of the King's house- hold. Alter his marriage he returned to Louisiana and engaged in planting. M. de Bore was the grandfather of Loiiisiivng's distinguished historian, CTiarlet Gayarri, SPANISH DOMINATION. 143 ing the indigo plant, soon left it nothing but a bare stem. Ruin stared him and the other planters in the face. The manufacture of sugar had been abandoned since 1766, as impossible in the climate, and only a few now planted cane, to be sold as a delicacy in the market or boiled into sugar or made into a kind of rum called tafia. Bore determined to risk what was left of his fortune by one more attempt at sugar making. His wife, and his friends also remonstrated with him. He nevertheless pur- chased seed cane, planted and got ready for grinding and boiling. On the day when the rolling was to begin a large number of neighbors and friends assembled in and about the sugar house, watch- ing with anxiety the success or failure of the experiment. " Would the syrup granu- " Would it make sugar or not.?" The moment The sugar boiler tested again and again. " It granu- lates!" he called out, " It granulates !" " It granulates!" the crowd in the sugar house repeated. The cry was caught up outside and flew from mouth to mouth to the city.* Insurrection of Slaves. — But tlie sugar planters were then confronted by what seemed another and more horrible ruin. The news of the St. Domingo revolution had pene- trated to the large slave population of Louisiana. What had been accomplished there, it was thought, might be accom- plished here. A conspiracy was formed at Pointe Coupee on the plantation of Julian Poydras, one of the wealthiest planters of Louisiana, then traveling in the United States. *Qayarr£, Spanish Domination, ETIENXE DE BORE. late?" Came. r 144 HISTORY OF LOUISIANA. The plot spread throughout the parish and a day was fixed for the general massacre of the whites. A disagreement as to the pioper hour produced a quarrel among the ringleaders which led to the betrayal of the plot and their own arrest. The negroes rose to the rescue, but were repulsed, and the ringleaders were tried, condemned and hanged as a warning at various points on the river bank. ~^ In 1795 another conflagration almost consumed New Or- leans, causing even greater financial loss than the previous one. Only two stores in the whole city escaped, but fortu- nately the new cathedral, just completed by Don Andres de Almonaster, was spared. In order the better to avoid such calamities in the future, Carondelet recommended that pre- miums be granted to those in New Orleans who should re- build with terraced or tiled instead of shingle roofs..;^ It was also during this year, 1795, that the first regular newspaper made its appearance in the city. It was called Le Moniteur de la Louisiane. Carondelet completed his extensive works in the city by digging the Canal Carondelet, which connected the city with Bayou St. John, giving access to boats from the lake. The convict labor and details of slaves contributed by the plant- ers were employed at it. As affording drainage for the city and bringing into it wood and small products from the lands across the lakes, the canal has more than justified the Baron's high expectation of it. In 1796 he established eighty lamps for the lighting of the city and gave it regular police protec- tion. The revolution in France turned at this period a tide of emigration into Louisiana most acceptable to the Spanish authorities. It was composed of French royalists flying from the new Republic. Among the most conspicuous were the Marquis de Maison Rouge, the Baron de Bastrop and M. de Lassus de St. Vrain. They proposed plans for ^ large emigration 9l theij- coyntrymen and generous SPANISH DOMINATION. 145 tracts oi land were granted them on the banks of the Ouachita.* Appointed to a command in Quito, Carondelet left New Orleans in the autumn of 1797. He was succeeded by Gayoso de Lemos. Gayoso de Lemos Governor. 1797-1799. — De Lemos governed for two years. As like his predecessors, Carondelet had also hoped to win the Western States from the Union, he had delayed the giving up of the forts Panmure and Walnut Hills, held by Spain within the boundaries of the United States. Now that all hopes of such a secession from the United States was ended by the firm allegiance of the Western people, Gayoso evacuated the territory. f General Wilkinson arrived with federal troops and took up his headquarters at Loftus' Height (Roche a Davion). Don Jose Vidal assumed com- mand of the Spanish fort at Natchez. The three years fixed by the Treaty of Madrid elapsed and a royal order was issued, prohibiting New Orleans as a place of deposit and designating no other place in its stead. When this became known in the Western States, it caused the most intense indignation and an expedition against New Orleans was openly advocated. President Adams, obliged by popular opinion to make some demonstration, ordered three regiments of the regular army to concentrate on the Ohio till further orders. Twelve additional regiments were ordered by Congress to be raised and other preparations were made which seemed to indicate an immediate campaign against Louisiana. In the midst of the excitement Gayoso died suddenly, and Don Francisco Bouligny, colonel of the regiment of Louisi- ana, assumed his office... _ * These grants were made on certain conditions whicla were never complied witli and a full title was never vested. t B]r act of Congress, the land ceded was organized into the Territory ot Mississippi. 146 HISTORY OF LOUISIANA. \^ Casa Calvo. 1799-1801. — The Captain General of Cuba sent over the Marquis de Casa Calvo to be temporary gov- ernor in the colony. The government of the United States, instead of proceed- ing to armed means for the protection of the rights of her citizens, arrested warlike preparations and reopened negotia- tions with Spain. The acquisition of New Orleans was the only sure guarantee of a final solution of the matter. While the negotiations for it were pending, the King of Spain revoked the decree ag-ainst trade and restored to the people of the United States a place of deposit in New Orleans. Salcedo Governor. 1801-1803. — Don Juan Manuel de Salcedo, brigadier general in the armies of Spain, arrived in Louisiana to relieve Caso Calvo. One of his first measures was to send arms and equipments to the militia of the Natch- . itoches district, in order that they might make a stand against an American inroad threatened in that quarter. At the same time, his inteiidant, the Comptroller of Customs, Morales, issued a decree forbidding the granting of any land to a citi- zen of the United States, and again suspended, by proclama- tion, the right of deposit in New Orleans. The news of it almost produced a revolt among the Western people; they rose and for the last time demanded redress from Con- gress. " The Mississippi is ours," they said, "by the law of nature. Our rivers swell its volume and flow with it to the Gulf of Mexico. Its mouth is the only issue which nature has given to our waters, and we wish to use it tor our vessels. No power in the world should deprive us of our rights. If our liberty in this matter is disputed, nothing shall prevent our taking possession of New Orleans, and when we are once masters of it we shall know how to maintain ourselves there. If Congress refuses us effectual protection we will adopt the measures which our safety requires, even if they endanger PROM COLONY TO STATE. 147 the peace of the Union and our connection with the other States. No protection, no allegiance." * x» QUESTIONS. Give an account of Miro's administration. Of the importance of the Mississippi to the Middle States. Restrictive duties of the Span- ish authorities. Effect on the Western people. Inquisition in New- Orleans. French Revolution. Carondelet's administration. Treaty of Madrid. Making of sugar. Administration of Gayoso. Casa Calvo. Salcedo. Last demand of Western people for free navigation of the Mississippi river. FROM COLONY TO STATE. CHAPTER XX. ^- THE THREE POWERS. The first years of this century witnessed some very inipor- tant events in the history of Louisiana. By these events the . whole current of affairs was changed. The great territory that then bore the name of Louisiana was brought from under the Spanish domination and joined to the American Union. It must be noticed, however, that the interests of the Louis- ianians themselves were not at all consulted. Their country was simply a valuable piece of property ; two other n.itions, we shall see, sold it for as high a price as they could obtain, and in the end the Americans carried off the prize. It was a splendid bargain for the United States, and the inhabitants of the purchased territory soon found that under the free American Government a glorious future was opened before them. * Quoted by Gayarre from Marbois' History of Louisiana. 148 HISTORY OF LOUISIANA. Let us trace the history of these important events. Napoleon's Bargain with Spain. — In the year 1800, Napoleon Bonaparte, who was then at the head of the French government with the title of First Consul, determined to induce Spain to give back Louisiana to France. It was his intention to establish once more the power of France in America, and to use Louisiana as a point from which he could attack the possessions of the English, with whom he was constantly at war. When he proposed to the King of Spain that the province should be ceded back to France, His Catholic Majesty,* who had not found Louisiana a very profitable possession, and who feared that the grasping Americans might one day tane it from him, listened very favorably to Napoleon's proposition. He finally declared that he would give up the province, if Napoleon would make over to the Duke of Parma, who belonged to the royal house of Spain, that part of Italy which was called the Duchy of Tuscany. Napoleon promised to comply with this condition, and October i, 1800, a secret treaty was signed at St. Ildefonso, of which the third article was as follows: "His Catholic Majesty promises and binds himself " to give back to the French Republic, six months after the " conditions in regard to Louis, Duke of Parma, have been " executed, the colony of Louisiana, with the same boundaries " which it had when it was owned by France, and which it " should have according to the treaties made more recently " between Spain and other States." Thus Spain thought she had placed between the Ameri- cans and her Mexican possessions a power friendly to her- self ; if she had dreamed that Napoleon would in a few years sell the colony to her American rival, it would never have passed out of her hands. For more than a year Napoleon kept his bargain with Spain a profound secret. His minister was»the famous Tal- * This was the official title of the King of Spain. FROM COLONY TO STATE. 149 leyrand, who was very skilful in concealing what he knew and in baffling all inquiries. Napoleon had very good I'easons for pretending that France did not own Louisiana. England had a powerful fleet, which was always sailing along the English Channel and watching the movements of French vessels. If it were known that Louisiana belonged to France, England might easily send this fleet across the Atlantic, seize the col- ony, and extend her dominion from Canada to the Gulf of Mexico. If she made the attempt, Napoleon, who was then carrying on extensive wars in Europe, was not at that mo- ment able to prevent her. ji ^_ Jefferson's Purchase. — In the meantime the Spanish governor, Salcedo, still remained in Louisiana, and his in- tendant. Morales, ventured to deny to the Western people the right of deposit at New Orleans. We saw in our last chap- ter how boldly the people of Kentucky protested against this action. If the American Government had refused to listen to their complaints, they would doubtless have attacked the Spaniards and tried to seize New Orleans. But Thomas Jefferson, who was then President of the United vStates, ap- preciated the grievances of which the Kentuckians com- plained, and resolved to do all that he could to remove them. As soon as it was finally known that Louisiana had been ceded by Spain to France, he sent over James Monroe (after- wards President of the United States), to join Robert R. Livingston, United States Minister at Paris, and he instructed these two representatives to negotiate with Napoleon for the purchase of New Orleans and the right of way to the Gulf. But as Napoleon saw that it would not be in his power to hold Louisiana against the English, he very shrewdly deter- mined to sell the whole country to the United States. He would thus prevent England from seizing it ; he would at the same time make friends of the Americans ; and he would himself obtain n, handsome sum to carry on the war against the English. Accordingly, therefore, he opened negotiations 150 HISTORY OF LOUISIANA. with the American agents to find out how much they would give, not for New Orleans alone, but for the whole of Louisi- ana. After long discussions with a French Commissioner named Barbe-Marbois, Monroe and Livingston agreed upon the sum of eighty million francs (about fifteen million dol- lars) as the price that America should pay. The treaty of sale was signed at Paris April 30, 1S03. Napoleon was highly pleased with the result. " This ac- cession of territory," he said, " strengthens forever the power of the United States. I'have given England a maritime rival which will sooner or later humble her pride." His predic- tion was fulfilled in the war of 18 12-15, when the American vessels won many victories over the English. In the United States, Jefferson's purchase was disapproved of by some people, but. the joy of the Western States car- ried everything before it. The result was that in 1804 Jeffer- son was re-elected President. Spain, very naturally, showed some indignation at Na- poleon's bold stroke, and maintained that he had agreed not to yield Louisiana to any other nation. But this agreement was never proved, and Jefferson refused to consider the Spanish protest. It was then feared that Spain would try to prevent the transfer of the colony ; but she afterwards with- drew her protest, " asa proof of her friendship for the United States." Laussat in Louisiana. — We must now return to the events in Louisiana. On March 26, 1803, M. Laussat, the Commissioner sent over by Napoleon to receive Louisiana from the vSpaniards, arrived at New Orleans. As the treaty of sale with the United States was not signed till ii month later, Laussat did not suspect that after he had taken posses- sion of the colony, he would be ordered to transfer it to another government. He was received with proper honors by the Spanish gov- ernor, Salcedo, and soon after issued an address, in which he PROM COLONY TO STATE. 151 told the Louisianians that the transfer of their country to Spain in 1763 had beeen the act of a weak and corrupt gov- ernment, but that the great and magnanimous Napoleon, as soon as his victories had given him the power, had hastened to restore Louisiana to the care of France. Laussat did not know that at this very time Napoleon was bargaining to sell Louisiana to the United States at the highest possible price. Laussat received two addresses in answer to his own. The first was from the planters of Louisiana ; it was signed by Manuel Andry, Noel Peret, Foucher, and many others. They expressed the joy they felt in becoming citizens of France ; but they declared that they had no cause to complain of their treatment at the hands of the Spanish governors, with the sin- gle exception of the cruel Irishman, O'Reilly. " Let the "Spaniards, they added, " have the undisturbed enjoyment " of all the property they own on this soil, and let us share " with them like brothers the blessings of our new position." The second address, signed by well known citizens of New Orleans, such as De Bore, Fortier, Labatut, and De Buys, expressed exactly the same sentiments. Thus the Louisi- anians, for the most part, were delighted to be transferred to France ; but many of them, says Marbois, feared that Na- poleon might set free all of the slaves in Louisiana, as he had done in St. Domingo, and that the terrible events which had taken place on that island might be repeated in their own country. This dread of the First Consul's policy was enough to lessen their joy in: acknowledging the government of France. Laussat, who had formed great plans for building roads and bridges in the colony, and otherwise increasing its pros- perity, soon began to hear rumors that Louisiana had been ceded to the American Government. Several months, how- ever, passed before orders finally reached him that he was to receive Louisiana from the Spanish governor, and then hold 152 HISTORY OF LOUISIANA. himself ready to transfer it to the young American Repub- ,lic. ~3--^ \ France Takes Possession. — On the 30th of November, T803, Laussat proceeded to the City Hall (the old Cabildo), CABILDO (supreme COURT BUILDING). where he met Governor Salcedo and Casa Calvo, who had been appointed to transfer Louisiana to France. The three gentlemen solemnly took their seats in the council chamber. After the necessary documents had been read, the keys of the city were handed over to the representatives of France, and Casa Calvo announced that all Louisianians who did not wish to withdraw from the colony and live elsewhere under the Spanish rule were released from their oath of fidelity to His Catholic Majesty. The three representatives then walked out on the gallery facing the old Place d'Armes (now Jackson Square). In'the centre of the square the flag of Spain was proudly waving. Since the arrival of O'Reilly, FROM COLONY TO STATE. 153 thirty-four years before, the people of Louisiana had lived under this banner. It now descended from its staff amid salutes of artillery and the flag of France rose in its place. Before many days had passed the French flag was to be re- placed by the " Stars and Stripes." As this fact was already known, the ceremony that had just taken place was not re- garded by the populace with any great enthusiasm, though with the fondness for display which has always distinguished New Orleans, an immense crowd had assembled to wit- ness it. When the ceremony was over Laussat issued a proclama- tion to the people of Louisiana, which in beautiful and ap- propriate words told them of the new destiny that had been prepared for them by Napoleon's treaty with America. He told them that according to this treaty they would in a short time enjoy all the rights and privileges possessed by the citi- zens of the United States. He then prophesied that the Mis- sissippi would soon be covered with a thousand ships from all nations. "Maya Louisianian and a Frenchman," he con- cluded, "never meet upon any spot of the earth without feeling tenderly drawn to each other, and without saluting each other with the title of brother I " The old Spanish council was abolished, and in its stead Laussat appointed a regular city government. Etienne de Bore, the rich and successful sugar planter, was chosen mayor, while the council was composed of the following distinguished citizens: Villere, Jones, Fortier, Donaldson, Faurie, AUard, Tureaud, and Watkins. Derbigny was the secretary, and Labatut the treasurer. As Laussat had no troops to protect New Orleans when the Spanish garrison withdrew, a number of young Creoles and Americans formed themselves into a company and offered their services to guard the city. New Orleans was patrolled by these young men till the arrival of the United States Commissioners, who were to receive Louisiana for the American Government. 154 HISTORY OF LOUISIANA. Rivalry of Laussat and Casa Calvo. — In the meantime there was a great deal of rivalry between Laussat and the Marquis of Casa Calvo, each trying to outdo the other in a series of magnificent dinner parties, given to the chief in- habitants of the colony. ' It was the French Republic vying with the Spanish Monarchy. Each representative wished to prove how much affection his country felt for the Louisian- ians. In a history of Louisiana, by a French traveller named Robin, who attended some of these banquets, there is an in- teresting description of the guests, and from it we translate the following: "The ladies of the colony appear at these " fetes with an elegance which is truly astonishing; the prin- " cipal cities of France can offer nothing more brilliant. " These ladies are generally tall and dignified. The white- " ness of their complexion is set off by light robes orna- " mented with flowers and embroidery; so that one of these " fetes is like a scene in fairyland. Sometimes as many as "four hundred guests are grouped around the tables at sup- " per. What a pity," he continues, " that a taste for such " pleasures should spread in a new country, which has so " much need to practise economy!" 4 QUESTIONS. Who was Napoleon ? What bargain did he make ? Give an ac- count of Jefferson's purchase. Who was Laussat ? How was his address to the people received ? Describe the act of taking posses- sion. Describe the banquets of that day. -K FROM COLONY TO STATE. CHAPTER XXI. 155 UNDER THE AMERICAN FLAG. ^ The American Government Takes Possession. — On the 17th of December, 1803, Wm. C. C. Claiborne, Gover- nor of Mississippi, accompanied by General Wilkinson, arrived at New Orleans to take possession of Louisiana in the name of the American Government. The 20th instant was chosen as the day of the cession. That day, for the third time in the memory of a generation then living, the people of Louisiana, without their feel- ings being consulted, were trans- ferred from one government to another. The Commissioners met Laussat at the Cabildo. The keys of the city, held by France for twenty days, were now presented to Governor Claiborne, and as the "Stars and Stripes" ran up to the head of the flagstaff, loud huzzas filled the air. These came, it is said, from a group of Americans. The rest of the population, who felt that the change of government was not an act of their free will, showed no enthusiasm. As soon as he had received the keys Governor Claiborne arose and addressed the people. He congratulated them on becoming citizens of the United States, and praised the government which he represented. Limits of Louisiana. 1803. — Thus it was that the United States came into possession of the great province of Louisi- ana. What were the limits of this new purchase.'' They embraced more than one million square miles and more than ninety thousand inhabitants. The boundaries were about as GOVERNOR CLAIBORNE. 156 HISTORY OF LOUISIANA. follows : On the north, the lower limit of Canada ; on the south, the Gulf of Mexico ; on the east, the Mississippi river and a line drawn through Bayou Manchac and the lakes to Jefferson's purchase. the sea; and on the west, the Rocky Mountains and an irregular line running from these mountains to the mouth of the Sabine river. Under the same purchase the United States claimed also a part of Oregon and that portion of Florida west of the Per- dido river. These claims were not settled till some years later. Division of Louisiana. — On March 26, 1804, the Con- gress of the United States passed an act for the government of the great territory purchased by Jefferson. This territory was thereby divided into two parts: first, all that portion north of the 33d degree of latitude (the present northern boundary of Louisiana) was to be called the District of Lou- isiana. The name was afterward changed to the Territory of Louisiana, and then to the Territory of Missouri; hence that part of Louisiana will no longer concern us in this his- FROM COLONY TO STATE. 157 tory. Secondly, "All that portion of the country ceded by " France to the United States which lies south of the Missis- " sippi Territory, and of an east and west line to commence " on the Mississippi river at the 33d degree of latitude, and " extending to the western boundary of the said cession, shall " constitute a territory of the United States under the name " of the Territory of Orleans." We shall see that eight years later the Territory of Orleans became the present State of Louisiana. This new territory was to be under a governor and a legis- lative council, both to be appointed by the President of the United States. The introduction of slaves from Africa was forbidden, and as the inhabitants thought the negroes neces- sary for the cultivation of their plantations, this measure caused great dissatisfaction, "ft^ Claiborne Made Governor. — On Friday, October 5, 1804, Claiborne * was sworn into office as governor of the new Ter- ritory of Orleans. He had just suffered a great domestic affliction in the death of his wife and child ; and in his open- ing address he touched the hearts of his audience by declar- ing that the only happiness left to him would consist in try- ing to govern wisely those who had been put under his charge. Legislative Council. — To assist Claiborne in the govern- ment of the Territory, the following council was appointed : Julien Poydras, Morgan, Bellechasse, Watkins, de Bore, Dow, Cantrelle, Clark, Roman (of Attakapas), Jones, De Buys, Kenner, and Wikoff (of Opelousas). The first judges appointed were Dominick A. Hall, district judge of the United States, with E. Kirby and J. B. Prevost, judges of the Superior Cnnrt J( , * Wm. Charles Cole Claiborne was sprung from an old Virg^inia family. In 1793 he had moved 10 East Tennessee, where he held high offices. He was chosen i'udge ot the Supreme Court and member of Congress. In 1801 he was appointed, py Jefferson, governor of the Mississippi Territory, which position he occupied until he was sent to Louisiana by the sam? Pi-egident, ^158 HISTORY OF LOUISIANA. Discontent of the Louisianians. — Thus the new govern- ment had been organized, but there was still a great deal of dissatisfaction among the inhabitants. To forbid the impor- tation of slaves was a great grievance, but a more serious one was that the legislative council was not elected by the people, as in the other Territories of the United States. The new Governor, moreover, it was declared, was ignorant of the manners and customs of the people over whom he was placed, and even spoke the French language very imperfectly. The discontent reached such a point that four members of the council resigned, and Claiborne had to appoint others in their places. Before this, however, a committee of three — Destrehan, Derbigny, and Sauve — had been sent to Washington with a memorial, asking that the Territory of Orleans should be admitted into the Union as a State, and that the slave trade should be continued. These requests were not granted ; but Congress passed a bill allowing the Louisianians to elect a territorial legislature of twenty-five members ; and this legis- lature was permitted to send on to the President the names of ten individuals, from whom he should choose a legislative council or senate of five members. It was further declared that the Territory of Orleans should be admitted as a State as soon as the population amounted to 60,000. Something had been gained, but neither the native Louisi- anians nor the American settlers were satisfied. Was there any excuse for such treatment of the Louisianians by the Congress of the United States .? Had the American Govern- ment not promised that the inhabitants of the Territory should be admitted as soon as possible to the enjoyment of all the rights and privileges possessed by the citizens of the United States? Why then should the Territory oi Orleans not be formed into a State, and the inhabitants permitted to choose their own governor and elect their own judges ? Such vyere the bitter question? ^ske^ by the Louisianians. The FROM COLONY TO STATE. 159 only answer of Congress was that the number of inhabitants in the Territory was only forty thousand, and that the great majority were Frenchmen and Spaniards, who were not yet acquainted with the laws and Constitution of the United States ; hence it would be wise for Orleans to serve its ap- prenticeship as a Territory before being admitted into the Union as a " sovereign State." This answer did not satisfy the Louisianians, and the old newspapers of New Orleans are filled with anonymous letters criticising very sharply the American Government and its representative, Governor Claiborne. The latter had be- come unpopular because he vetoed several bills passed by the legislature.* Other Causes of Discontent. — From one of Claiborne's letters we learn that the trial by jury, to which the Louisian- ians had not been accustomed under the Spanish Govern- ment, and which was now introduced, was at first very un- popular. Moreover, a number of lawyers crowded into the Territory, and, by investigation of the titles to lands, and by sharp practice, succeeded in amassing large fortunes and gaining the hatred of the people, f Last, but not least, the introduction of the English language into the courts of jus- tice was a serious cause of discontent. " These courts," says Judge Martin, " had interpreters of the French, Span- " ish, and English languages. They translated the evidence, " and the charge of the judge when necessary, but not the " argument of the lawyers. The cause was opened in the " English language, and the jurymen who did not under- " stand English were then allowed to withdraw to the gal- " lery. The argument of the defence being in French, these " were then brought back; and the rest of the jury, if they " were Americans and did not understand French, were al- *It was not possible under the territorial government to pass abiU over th« governor's veto by n two-thirds vote of the legislature. t Gayarr^, 160 HISTORY OF LOUISIANA. " lowed to withdraw in their turn. All went together into " the jury room — each declaring that the argument to which " he had listened was the best — and they finally agreed on a "verdict in the best manner they could." To add to the confusion in the courts, the Territory of Orlearts was gov- erned partly by a set of laws drawn up in imitatiion of the Code of Napoleon,* and partly by the old Spanish laws, which very few lawyers understood. Governor Claiborne, who appreciated the feelings of the people, and hoped that in time these feelings would change for the better, bore all the attacks upon himself with patience, and tried in every honorable way to draw over to his side those that opposed him. He nobly declared that the news- papers could not injure him as long as he did his duty, and that he believed the freedom of the press should be main- tained, even if injustice were sometimes the result. By his simplicity and his pleasant manners, Claiborne soon made many friends for himself. At first he seems to have dis- trusted the old inhabitants of Louisiana, and to have be- lieved that in case of war they would prefer the govern- ment of France to that of the United States ; but gradually his opinion changed, and he declared that the great majority would, under all circumstances, be loyal to the American Government. In the war of i§;.i2 the conduct of the Creoles proved that he was right. QUESTIONS. Why was Claiborne sent to Louisiana? What was the extent of Louisiana? How was Louisiana divided? Who was made governor? Why were the people of Louisiana discontented with the new gov- ernment? Why did the United States decline to make Louisiana a State? Describe the courts of justice. Show the limits of Louisiana on map of 1810, and on large map of the State. * This Code was drawn up in France by order of Napoleon ; it was based on the Roman law. It is still the foundation of oyr giyil law i.U LQUisiana, FROM COLONY TO STATE. 161 CHAPTER XXII. DESCRIPTION OF LOWER LOUISIANA AT TIME OF CESSION. New Orleans in 1803. — The little city already had over 8000 inhabitants. They were, for the most part, French and Spanish Creoles, but the Spaniards had intermarried with the French, and the language of the latter was generally spoken. The number of the Americans was increasing daily, and many refugees from the island of St. Domingo sought a home in Louisiana. Houses were being built with great rapidity. Those along the river bank were the most attrac- tive. In a desirable street the best stores rented at eighty dollars a month.* The streets at that time, even the principal ones, were almost impassable. There was no paving as yet, and the vehicles in rainy weather sank to their hubs. A street was generally called by the name of the principal inhabitant, as the proper designations were to be found only in the city archives. As soon, however, as the Americans took posses- sion, there was a change for the better. The streets were raised and kept cleaner. Already the city was very prosper- ous. The Mississippi was crowded with barges bringing down the products of the rich countries above, and the mer- chants of New Orleans were growing wealthy. As yet there was no Carnival in the winter season, but splendid entertain- ments were numerous, and the different classes of society were devoted to gayety. The Parishes. — When Claiborne became governor of the Territory of Orleans, his legislative council divided it into twelve settlements, which at first were called counties. These were the counties of Orleans, German Coast, Acadia, La- * The increase in the value of property at the present day is shown by the fact that a fine store now rents at ovcrfive hundred dollars a month. 162 HISTORY OF LOUISIANA. fourche, Iberville, Pointe Coupee, Concordia, Attakapas, Opelousas, Rapides, Natchitoches, and Ouachita. The limits of these divisions were not clearly fixed, and the divisions themselves differed very much in size and population. Some were three hundred miles in extent, and others only forty- five ; some contained ten times as many inhabitants as others. Finally, by an act of the legislature, approved March 31, 1807, the Territory of Orleans was divided into nineteen dis- tricts, to which the name of " parishes " was given, from the fact that the old Spanish division for religious purposes was used as the basis in fixing the boundaries.* In no other State of the Union are the counties so named. Since that time it has been found convenient, as the population increased, to divide still further the larger parishes, and they now number fifty-nine, t Robin, who visited many of the Louisiana parishes in the early part of the century, gives us some idea of the inhab- itants and their manner of life. If a traveler ascended the river to Pointe Coupee, he saw along the banks rich planta- tions, pretty houses, and numerous settlements. In the Parish of St. Charles a large number of Germans had set- tled as far back as the time of John Law and his " Missis- sippi Bubble." They had always been industrious, and. many of them were now rich. Owning few slaves they fre- quently worked their own plantations, and from their gar- dens New Orleans was supplied with every kind of vege- table. Sixty miles above the city began the "Acadian Coast," where the wanderers from Nova Scotia had settled more than forty years before. In the early days they had been largely supported by supplies from the Government; * Hence the names of the Saints in the designation of the old parishes. t The 19 patishes of 1807 were: i. City of New Orleans, 2. St. Bernard, 3. St. Charles, 4. St. John the Jjaptist, 5. Plaquemines, 6. St. James, 7. Ascension, 8. As- sumption, 9. Interior Parish of Lafourche, 10, Iberville, 11. W. Baton Rouffe, 12, Pointe Couple, 13. Concordia, 14. Ouachita, 15. Rapides, 16. Avoyelles, 17. Natchi- toches 18. St. Landry, ig. Attakapas, called Parish of St. Martiq. Four tnore parishes were added from West Florida at a later period, FROM COLONY TO STATE. 163 but at this epoch they were very prosperous. They raised rice and corn, and they owned immense herds of cattle. Their lives were very simple, but they were^ fond of danc- ing parties as they are at the present day. "^Sj At Pointe Coupee, where Julien Poydras owned a large plantation, there were many old and aristocratic French settlers. They lived in great luxury, surrounded by large numbers of slaves, who did all the work. There were hardly any taverns along the banks of the river. Indeed, they were unnecessary, for a traveler was welcomed wherever he went; and Louisianians were as famous for their hospitality in those days as they are at the end of the nineteenth century. After passing Pointe Coupee, houses became much scarcer, and as one ascended the river, one saw only small settle- ments here and there, which were protected from the Indians by forts. Above Baton Rouge, on the east bank of the river, the inhabitants were, for the most part, Americans. These supplied their French friends across the river with slaves and all kinds of provisions. Some of them had passed over to the west bank and settled the Red river district. In the prairies below the mouth of Red river, on Bayous Lafourche, Plaquemines, Atchafalaya, and Teche, there were, says Dr. Monette, numerous French settlements. In St. Bernard parish * and on the Amite river there were many Spaniards, who h'ad come over from the Canary Islands during the Spanish domination. These were the Islenos or "Islanders." Traffic on the Mississippi. — All kinds of craft plied on the river, from the cumbersome flat-boat to the swiftly glid- ing pirogjue. When they reached New Orleans the flat-boats were broken up and the timber sold, it being almost impos- sible to haul them back against the current. In ascending the stream other boats made use of sails, oars, and sometimes of a rope dragged along the levees. The traveler making a trip * Named in honor of Bernardo de Galvez, the Spanish governor. 164 HISTORY OF LOUISIANA. up the river usually engaged some Canadians or Indians as oarsmen. What a difference between this method of travel and a trip on one of our magnificent steamboats at the present day ! Chief Products of the Territory in 1803. — The prod- ucts of Louisiana at that period seem very insignificant when compared with those of our time. For instance, there were seventy-five sugar houses in the Territory, and the whole yield was only five million pounds, which is equaled by a single plantation of to-day. The one sugar refinery of which the Territory boasted produced only 200,000 pounds a year, and as the process of refining was not well understood, the sugar was poor. In his history, Judge Martin tells us that only 20,000 bales of cotton were raised,* and that there were only 5000 casks of molasses. The prairies of Opelousas and Attakapas, however, were covered with great herds of cattle, and furnished New Orleans with more fresh meat than could be consumed. Domestic manufactures hardly existed at this period. The Acadians wove their homespun cloth as they do to-day, but slavery was unfavorable to the rise of factories. The slaves, though skilful enough in the cotton fields, seemed entirely unsuited for the cotton factory. Indians. — In 1803 there were still a number of scattered Indian tribes in Louisiana. On Bayou Vermilion, for in- stance, there was a village of Attakapas (man-eaters — so called because they were once cannibals). On the Ouachita and Red river were found the Caddos and the Choctaws, the former tribe still having a force of five hundred warriors. The Indians, however, seem to have given very little trouble to the whites, who traded with them for skins and other fruits of the chase. In fact, the savages were dependent upon the whites for the powder and ball they used in their hunting * The sugar crop of 1891 was 492,000,000 pounds, and the cotton crop of Louis- iana averages about half a million bales. FROM COLONY TO STATE. 165 expeditions, and they gradually lost their hatred of the "pale- faces." It must not be supposed, however, that they had been civilized by their intercourse with the white men. Cath- olic missionaries from the earliest times had attempted to convert them to Christianity, and change their savage dispo- sition, but they had met with very little success. The In- dians, from their manner of life and their traditions, were neither willing nor able to accept the laws of civilization. They possessed, however, many fine qualities, and the story of their gradual disappearance in Louisiana has a pathetic interest. The Indian women who to-day sell sassafras and herbs in the French market are descended from the once dreaded tribe of Choctaws ; while those on the Teche, who make the wonderful baskets, are all that are left of the Attak- apas.* ' ^ QUESTIONS. Tell something about New Orleans in 1803. Why are the counties in LiOuisiana. called ^ans/ies ? ■ Describe the German, Acadian, and French settlements along the Mississippi. Who are the " Islanders ? " How was the Mississippi navigated before the day of steamboats ? What were the chief products of Louisiana ? Was there any manu- facturing ? Who were the Attakapas ? The Choctaws ? CHAPTER XXIII. X^-^. TROUBLOUS TIMES. Aaron Burr. — One of the most remarkable men in the early part of this century was Aaron Burr. In 1800 he was elected Vice President of the United States, and while hold- ing this office he fought a duel with the famous statesman * A great deal was done for the Indians around New Orleans by the poet-priest, Father Rouquctte, who devoted his life to this work. He died in i88j. 166 HISTORY OF LOUISIANA. Alexander Hamilton, in which the latter was killed. Some time after this Burr made a journey through what was then called the Western Country. His manners were very attrac- tive, and he made many friends among the prominent men of the time. To some of these he seems to have confided his reasons for traveling in the West, but the exact purpose of his journey has never been discovered. Burr purchased 300,000 acres of land on the Red river, and he afterwards declared that his only intention was to settle this vast planta- tion. But when, in 1806, his secret agents were to be found in Louisiana and Kentucky, it began to be whispered around that Burr was a daring conspirator. His design, according to some, was to invade Mexico and make himself master of that country. Others declared that he intended to separate the Southern and Western Country from the Union, and, seizing New Orleans, make this city the capital of a new Union. General Wilkinson, who was commander of the United States troops in the South, threw New Orleans into a state of defence, and arrested by military orders several of Burr's agents, who were stirring up trouble in the city. All of this caused the greatest excitement in New Orleans. Troops pa- trolled the streets, and Wilkinson felt justified in suspending the writ of habeas corpus — that is, he arrested suspicious persons and refused to surrender some of them when he was ordered by the courts to do so. This high-handed conduct stirred up a violent opposition to him, for the people thought that the laws were sufficient to protect the city. In the meantime, however, Thomas Jefferson, President of the United States, having been informed of Burr's strange conduct, had issued a proclamation against him, and in 1S07, while Burr was passing through the Mississippi Territory, with one hundred men in his train, he was discovered. He gave himself up, but afterwards escaped. A reward of two thousand dollars having been offered for his arrest, he was FROM COLONY TO STATE. 167 captured and sent on to Richmond for trial. No act of trea- son, however, could be proved against him, and he was released. All the excitement that he had caused was soon at an end. College and Schools. — As early as the year 1805 a college was opened to students in New Orleans. It was situated near the corner of Hospital and St. Claude streets, and was called the College of Orleans. For twenty years it offered courses of instruction to the young men of that day. One of the most distinguished of its students was the Honorable Charles Gayarre, the historian of Louisiana.* Some years later, at the suggestion of Governor Claiborne, public schools were established in the different parishes, but so little money was given for their support that, except in the parish of Pointe Coupee, they did not flourish. There were, however, a number of private schools in New Orleans, which were well attended. It was not till a good many years later that the importance of popular education was more fully recognized, and larger appropriations were made for the public schools. Revolt of the Baton Rouge District. — All West Flori- da — that is, the district north of Lake Fontchartrain, east of the Mississippi, south of the 31st degree of latitude, and west of the Perdido river f — was claimed by the United States as part of the Louisiana Purchase. But Spain refused to give up this district, declaring that she had never yielded it to France, and that therefore France could not have sold it to the United States. Hence Spanish garrisons were still kept at Baton Rouge and Mobile. The inhabitants of the Baton Rouge district were largely Americans, who had come from Mississippi and Ohio. They disliked the govern- ment of Spain, and, as early as 1805, they had tried to seize the fort at Baton Rouge and expel the Spaniards ; but the * Alc^e Fortier, in *' Memoirs of Louisiana." I The Perdido is the present western boundary of Florida. 168 HISTORY OF LOUISIANA. garrison was on the alert, and the attempt failed. In the year 1810, however, the inhabitants determined to make an- other attempt. One hundred and twenty men were collected, and, under Captain Thomas and Captain Depassau, they marched upon Baton Rouge. The Spanish garrison con- sisted of one hundred and fifty men. The Americans at- tacked with great spirit, and the Spanish commander, Col- onel de Grandpre, was shot down at the head of his soldiers. The garrison, seeing that they had lost their leader, sur- rendered, and were allowed to retire to Pensacola. The Americans then held a convention at Baton Rouge, in which they declared the whole territory of West Florida to be •' a free and independent State." At their request the President of the United States took the new State under his protection. That portion of it, however, which lay east of Pearl river, was left in the power of Spain until 1813, while the Baton Rouge district, as we shall see, was added to Louisiana. Its inhabitants, by a daring feat of arms, had won their independence, but they were well satisfied to have their destiny joined to that of Louisiana. Slave Insurrection. — The year 18 11 was long remem- bered on account of a dangerous uprising of the negroes in the parish of St. John. Five hundred of them formed a plot among themselves to march upon New Orleans, burning the plantation houses on their way and forcing all the slaves they met to join them. They provided themselves with weapons, and as they proceeded down the banks of the Mississippi with flags flying and drums beating, they chanted wild songs that filled with dread the hearts of the unprotected planters. A number of white people were put to death, but the great riajority were warned in time, and fled to places of safety. As soon as the news reached New Orleans, the militia and the United States troops, under General Wade Hampton, were ordered out, and when they met the blacks, the latter were soon dispersed. Many of the ringleaders were con- FROM COLONY TO STATE. 169 demned to death, and their heads placed on lofty poles along the Mississippi — a dreadful warning to those who might attempt the same thing in the future. It is said that old ne- groes still living in Louisiana tell the story of this slave insurrection as they heard it from their fathers. iC2> QUESTIONS. Who was Aaron Burr? Why was he arrested? What was the first college in Louisiana? Describe the revolt of the Baton Rouge dis- trict. Slave insurrection. CHAPTER XXIV. LOUISIANA ADHITTED AS A STATE. Before Congress. — The same year (i8ii) permission was received from the Congress of the United States to call a convention in the Territory of Orleans for the purpose of drawing up a constitution. The Territory, which now had more than seventy-five thousand inhabitants, was at last to be admitted into the Union as the State of Louisiana. This permission, however, had not been obtained without some difficulty. When the question of admission was brought be- fore Congress, it provoked nearly as much discussion as it had in former years. Many members declared that the Territory of Orleans was almost a foreign country, and should not en- joy the same privileges as the original thirteen colonies. The inhabitants, it was said, were largely Spaniands and French- men, and if they were permitted to send representatives to Congress, these representatives would interfere with the rights of the Atlantic States. There could be no sympathy, it was declared, between the people of Louisiana and the inhabi- tants of the North and the East. Josiah Quincy, of Massa- 170 HISTORY OF LOUISIANA. chusetts, went so far as to say that if Louisiana were admitted^ into the Union the rest of the States would be justified in withdrawing from that Union, " amicably if they could, violently if they must." The Convention. — In spite, however, of this bold lan- guage, the bill passed, and the constitutional convention met at New Orleans, November 4, 1811. Members came from the whole Territory of Orleans, but not from the Baton Rouge district ; for this district had not yet been added by Act of Congress. The president of the convention was Julien Poydras, the rich planter of Pointe Coupee. By the 32d of January, 1812, the new constitution had been prepared, and being duly for- warded to Washington, it received the approval of Congress. Under this constitution Louisiana was admitted into the Union by Act of Congress, April 8, 18 12, and the Baton Rouge district, as far as Pearl river, having been added a few days later, the boundaries of Louisiana were fixed as they stand at the present day. Claiborne Elected Governor of the a .. — According to the new constitution, the governor was 10 be chosen by the people, instead of being appointed by the President. The two candidates who received the highest number of votes were Wm. C. C. Claiborne and James Villere, the son of the patriot that lost his life during O'Reilly's administration. As Claiborne had a larger number of votes than Villere, he became governor of the new State. This was certainly a high compliment to his services. He had been governor of the Territory for eight years, and now, by the choice of the people, he was once more raised to that high office. By his sterling integrity he had withstood all the attacks of his ene- mies and defeated all their plans. The first secretary of state was L. B. Macarty, a member of a distinguished Louisiana family. There was no lieuten- FROM COLONY TO STATE. 171 ant-governor in Louisiana till a new constitution was framed in 1845. The First Steamboat. — On the loth of January, 1812, New Orleans was thrown into a great state of excitement by the announcement that a steamboat had arrived at the levee. It was the first ever seen on the Mississippi. Up to this time nothing had been known on Western waters except flat-boats, barges, and lighter craft. But Robert Fulton, who some years before had built a steamboat to run between New York and Albany, now drew the model of a second one to ply be- tween Natchez and New Orleans. It was one hundred and sixteen feet long and twenty feet wide, and cost thirty-eight thousand dollars. When this new kind of vessel left Pitts- burg and glided down the Ohio into the Mississippi, won- dering crowds gathered along the banks and predicted that it would never be able to ascend the swift current. The only cabin passengers were N. J. Roosevelt, who was one of the owners, and his wife. At Cincinnati, Louisville, and Natchez the voyagers were received with great rejoicings. The trip, however, was not without its dangers. Once the vessel caught on fire and came near being consumed. Moreover, during the latter part of the year iSii, the chan- nel of the Mississippi was considerably changed by severe earthquake shocks, many of which occurred while the boat was making the trip ; and several times the voyagers made barrow escapes from immense trees which were hurled into the stream by these sudden movements of the earth. No serious accident, however, occurred, and the "New Orleans," as the vessel was named, arrived safely at the Crescent City. The actual time from Pittsburg was only 259 hours, which was considered a very quick passage in those days. The success of this steamboat made a great change in the development of the whole Western country. Cotton and other products began to come down the river in vast quantities, and New Orleans sent back all kinds of supplies. After the 172 HISTORY OF LOUISIANA. war, which now broke out, was over, the Crescent City pros- pered as it had never prospered before.* QUESTIONS. Why did the Northern Congressmen still object to having Louisiana made a State? When was Louisiana admitted as a State? Who was made governor, and how was he chosen? Describe the first trip of the first Mississippi steamboat. Tell some of the changes made by the use of steamboats. WAR OF 1812-15. CHAPTER XXV. BEFORE THE LOUISIANA CAnPAIQN. Causes of the War. — The Act of Congress making Louisiana a State had not been approved more than a few months when the United States declared war against Great Britain (June i8, 1812). The principal cause of the war was this : Great Britain had determined to crush Napoleon Bonaparte, and as she needed sailors to man her ships, she had boarded some nine hundred American vessels on the high seas and impressed into her service several thousand American sailors. It was claimed that these sailors had been born in England, and that "once an Englishman" meant "always an Englishman;" but a great many of them were citizens of the United States and our Government deter- mined to put a stop to these unjust seizures. The First Years of the War. — For two years the war * It is related that an old negro at Natchez, when he saw the ** New Orleans" stemming^ the current, exclaimed : "Ole Mississippi got her massa dis time,** See , Claiborne's History ot Mississippi. WAR OP 1812-15. 173 went on without any decisive battle on either side. The British marched up to Washington and burned the Capitol ; but on the sea the Americans met with brilliant success, and a large number of British vessels were sunk or captured. This was what Bonaparte had predicted, and he doubtless heard with great pleasure the news of our victories. In 1814 the English decided to attack the United States on the north through Canada and on the south through New Or- leans. In September of the same year the northern army was defeated by the Americans, and forced to return to Can- ada. Another army and a fleet, however, had already been sent to Florida, with the intention of attacking New Orleans. Thus the seat of war was transferred to the Gulf of Mexico. Fort Bowyer and Pensacola. — The commander of the American forces in the South was General Andrew Jack- son,* who was destined to be the hero of the Battle of New Orleans. The first hostile movement of the British vessels was against Fort Bowyer on Mobile Point ; but Major Lawrence, who was in command of the fort, repulsed the attack so suc- cessfully that they retired to Pensacola, at that time in the possession of Spain. Jackson marched against Pensacola, and forced the English to withdraw from the town. Then hastening to the defence of Louisiana, he arrived in New Orleans December i, 18 14. John and Pierre Lafitte, the Smugglers. — The British had hoped that their designs against New Orleans were un- known to the Americans. But as early as September 5th of this year (1814), John Laffitte had warned Governor Clai- borne of the approaching army and naval forces. As this LafBtte played an important part in the conflict, we must in- quire who he was. ♦Jackson was born in North Carolina, March 15, 1767. He was not well edu- cated, but possessed great natural ability. Brave ana skilful in tvar, he always won the confidence and affection of his soldiers. He was twice elected President of the United States, but he did not prove himself a wise statesman. 174 HISTORY OF LOUISIANA. On the southern coast of Louisiana lies a beautiful little island called Grande Terre. Just behind this island is Lake Barataria, which forms one of the safest harbors west of the Mississippi. On the inner coast of Grande Terre we find on the old maps of Louisiana one spot marked as " Smuggler's Anchorage." For some years before the Battle of New Or- leans this spot was the favorite haunt of a number of desper- ate men, who brought rich prizes into their little harbor and defied the revenue laws of the United States. Whether they were sailors who fitted out privateers under the flag of Car- thagena to seize the rich vessels of Spain, or whether they acted on their own account as pirates, has been disputed. It is certain, however, that they were smugglers, and that they established a kind of auction exchange at Grande Terre, where they sold their rich goods to any one that dared to come and buy them. They even sent fine stuffs to New Or- leans, and disposed of them through some of the merchants, who were induced by the large profits to violate the laws. The rules of the Spanish custom house had been so strict that many people of New Orleans had fallen into the bad habit of regarding smuggling as an innocent occupation. The most prominent of these Baratarian smugglers were Pierre and John Lafitte. The two brothers had come from France, and had opened a blacksmith shop on St. Philip street in New Orleans. Soon growing weary, however, of following this slow road to wealth, they betook themselves to Grande Terre, where, amid the dark bayous overhung with Spanish moss, they became chiefs of "a rebellious clan," Their swift vessels would dart out into the open sea, capture a Spanish ship laden with rich goods, and bring it into the bay, where the cargo, which cost them nothing, except perhaps a little bloodshed, would be sold at a price far below its value. It was as wild and fascinating a life as Robin Hood used to lead in the fqrests of England, when every man was a law unto himself. WAR OF 1812-15. 176 The Governor of Louisiana, who strongly objected to these constant violations ot the law, declared the inhabitants of Barataria to be pirates and outlaws ; but for some years no serious attempt was made to break up this nest of evil-doers. On one occasion the Lafittes were tried for introducing con- traband goods, but they boldly employed Livingston and Grymes, two of the most famous lawyers in New Orleans, to defend them, and nothing was proved against them.* Finally Pierre Lafitte was arrested on another charge and thrown into the calaboose in New Orleans. After remaining there awhile he escaped in some mysterious way, and was soon back at Lake Barataria. During his absence important events had been taking place at Grande Terre. yC The British Visit John Lafitte. — Colonel Nichols, who was commanding the British forces, sent one of his officers with a letter to "Mr. Lafitte, Barataria." It was dated August 31, 1814, and proved to be an offer from the British commander to take Lafitte and his company into the English service. " If you will join us with your men and vessels," said the letter, "you shall have a large sum of money, and " the rank of captain. After the war is over you and your " followers will receive large estates as a reward." In order to gain time to warn Claiborne of the approach- ing danger, Lafitte asked for two weeks to consider the matter. This was granted, though the British officer begged him to decide immediately. " Your brother," said he, " has " been put in irons by the American Government ; you your- " self have been declared an outlaw. Why not aid the " English to fight against a government that has treated you " so unjustly?" Lafitte ^Vrite^ to Claiborne. — But Lafitte secretly sent off to Claiborne a full account of the British plans, and asked * The laijTyers were to receive ten thousand dollars each for their services, and Grymes ventured down to Barataria to collect the fees. He was well received, and the money was promptly paid. See Gayarr6, in Mag. Amer. Hist* 176 HISTORY OF LOUISIANA- permission to serve his adopted country against the enemy. As a sign of his repentance he described himself as a stray sheep that wished to return to the fold. It was about this time that Pierre Lafitte escaped from prison, and when he reached Grande Terre he also wrote to a gentleman in New Orleans, approving what his brother had done, and asking to be taken into the service of Louisiana. No answer was sent to these letters, and the Lafittes kept the English officer waiting until he began to suspect some snare, and sailed away. Expedition Against the Lafittes. — In the meantime Claiborne had called a council of officers (General Jackson had not yet arrived) to decide whether the smugglers should be pardoned and taken into the American service. The ma- jority of the officers voted to have no friendly communication with the Lafittes. Therefore, instead of returning a favora- ble answer, a body of troops under Commodore Patterson was sent to break up the settlement at Barataria. The expe- dition was successful and a large amount of rich booty was seized. The two brothers, however, escaped to the German settlement on the Mississippi, whence they afterwards fled to Last Island, which lies south of Terrebonne parish. Lafitte Visits Jackson. — When General Jackson arrived in New Orleans, John Lafitte paid him a visit, and again offered his services and those of the other Baratarian outlaws. The stern General had once declared that the Lafittes were a set of bandits with whom he would have no dealings. But now that he found himself face to face with the daring out- law, he seems to have been won over by his manly bearing and his attractive manners. Jackson liked a brave man, and he knew that he needed every one he could find to defend the city of New Orleans. So he accepted the services of the Baratarians. Some of them were placed at the forts on the Rigolets ; others at Fort St. Philip ; while Captain Domi- niejue (who afterwards lived for many years in New Orleans), WAR OF 1812-15. 177 commanded an important battery on the field of Chalmette. Everywhere that they were placed the Baratarians fought like tigers. Jackson himself admired their courage so much that, it is said, he never failed to stop and chat with them wherever he saw them, d QUESTIONS. What was the cause of the war of 1812? What happened during the first years of the war ? Who was Andrew Jackson? How did the English begin operations in the South? Who were the Lafittes? Why did Lafitte write to Claiborne? Tell of the expedition to Bara- taria. What was the result of Lafitte's visit to Jackson? Find Bara- taria Bay on large map of Louisiana. CHAPTER XXVI. THE BRITISH IN LOUISIANA. Jackson in New Orleans. — We have seen that Jackson reached New Orleans December i. Governor Claiborne had already been very active in organizing the militia to meet the British invasion. His proclamations had stirred the patriotism of the people, and every one was ready to do his duty.* As Louisiana had become a self-governing State, all classes felt that they had a common interest in protecting her. It was soon seen that Jackson was the right man to defend New Orleans. Though his constitution was weak- ened by constant sickness, his energy was untiring. He seemed to rise above bodily weakness by means of his in- domitable spirit. Wherever he went he inspired the inhab- *The following^ incideat is given by Major Latour, who served under Jackson : "Madame Bienvenu, a rich widow of Atialcapas, after sending her four sons to the defence of their State, wrote to Governor Claiborne that she reerretted having no other sons to offer her country, but that if her services in taking care ot the wounded should be thought useful, notwithstanding her advanced ege and the great distance of her residence, she would hasten to New Orleans." 178 HISTORY OF LOUISIANA. itants with confidence. "The streets," says Latour, "re- sounded with Yankee Doodle, the Marseilles Hymn,* and other martial airs, while those who had long been unaccus- tomed to military duty were polishing up their arms and preparing for battle. The women of New Orleans pre- sented themselves at the windows and balconies to applaud the troops in their evolutions and to encourage their hus- bands, sons, fathers, or brothers to protect them from the insults of the enemy." On the day of his arrival Jackson reviewed the militia companies of Creoles and Frenchmen, and declared that he was much pleased with their appearance and manoeuvres. Besides the white companies, two battalions were formed of the " free-men-of-color," who were put under distinguished white officers, and who were afterwards highly complimented by Jackson for their bravery. Defences. — With many hundred miles of sea coast, Lou- isiana was almost without defence's ; for the various forts were in a bad condition. However, Jackson strengthened, as best he could. Fort St. Philip, Spanish Fort, and a fort on the Rigolets called Petites Coquilles (now Fort Pike). There was not enough ammunition, and arms were so scarce that he ordered private houses to be searched for fowling- pieces. At his suggestion, moreover, an order was given that all the bayous leading into the interior should be closed with logs or other obstructions, so that the English vessels could not pass. Unfortunately one important bayou was neglected, and the consequences were very serious. Battle of Lake Borgne, December 14, 1814. — To pro- tect the entrance to Lake Pontchartrain, there were on Lake Borgne five United States gunboats. These were under Lieutenant Thos. Ap Catesby Jones, and were armed with twenty-three guns and one hundred and eighty-two men. As soon as Jones saw the English fleet approaching from Ship *The national hymn of France. WAR OF 1812-I5. 179 Island, he decided to retire towards the Rigolets. But when he reached a point about fifteen miles off, he found the water so low that he had to cast anchor and await the enemy. The British sent against him a little fleet of forty-five barges and launches, armed with forty-three cannon and more than one thousand men. Though this force was far superior to his own, Jones made a fierce resistance, and many of the enemy's barges were sunk. But finally he himself was wounded in the shoulder, and the British, boarding the gunboats, cap- tured them all. Their loss, however, was about three hun- dred, while the Americans had only ten killed and thirty-five wounded. Martial Lavtr. — The report of this disaster reached Jack- son on the following day, and having heard that there were some British spies in New Orleans, he promptly declared the city to be under strict martial law. This meant that the city was to be controlled by the military orders of the Gen- eral himself. Such a regulation was doubtless necessary at the time, but it will be seen that trouble grew out of it later on. Landing of the British. — After the battle on Lake Borgne, the British decided to land some of their forces and march towards New Orleans. As they knew that their army was twice as large as that of the Americans, they expected to meet with very little resistance, and they actually imagined that the Creoles would come over to their side. We shall soon see what & mistake they made. Bayou Bienvenu, leading from Lake Borgne to the plan- tations just below the city, had for some unknown reason been overlooked by the Americans, and there were no ob- structions at its mouth. Some Spanish fishermen, who lived near by, doubtless acted as guides to the invading forces. About sixteen hundred men and two pieces of artillery were landed and placed in barges, which were silently rowed up the bayou. General Jackson had sent out some pickets to 180 HISTORY OF LOmSIANA. watch the movements of the enemy, but these, beingf taken unaware by the British, were all captured except one who escaped through the marshes. The British had never before seen a Louisiana marsh. As -TtBey gazed around upon the tall reeds and the "trembling prairies," with no human being and no dwelling in sight, they declared that they had never beheld a more desolate country. It was just the kind of country, however, that they needed to conceal their movements. Their plan was to reach solid ground and then send the boats back for reinforcements from the ships. So during the morning hours of December 23rd they rowed up the bayou until they came to General Villere's plantation, about nine miles from New Orleans. Sending out detachments, they surrounded Villere's house and captured two of his sons, who were stationed there with some troops. The elder of these. Major Villere, jumped through a window, and though he was fired at several times, he es- caped, and was one of the first to irjform Jackson of the enemy's approach. The British now marched towards the river and camped on Villere's and LaRonde's plantations, within nine miles of the city. They took their time, for they felt confident of capturing New Orleans whenever they chose to advance. They then drew up a proclamation, which was signed by the British commander, and copies of which were posted on all the fences. It was in these words: "Louisianians, re- . " main quiet in your houses. Tour slaves shall be preserved " to you and your property respected. We make war only " against Americans. " This proclamation excited nothing but indignation among the Creoles ; they were more deter- mined than ever to show the British that they were not trai- tors, but patriots. Jackson Marches to Meet the Enemy. — General Jack- son was quietly sitting in his headquarters at New Orleans when Major Villere and two other gentlemen came rushing WAR OF 1812-15. 181 in to inform him that the British were approaching. When the General heard this news, it is said that hfe started up, and striking the table with his fist, cried out: "By the Eternal, they shall not sleep on our soil." As we shall see, no British soldier closed his eyes that night. All the available troops under Jackson's command were ordered to march out to meet the enemy. The General took a position in the lower part of the city, where the mint now Stands, to see the battalions go by. The right, composed of eight hundred and eighty-four men, was to be commanded by Jackson himself. Then came Major Plauche's battalion of Frenchmen and Creoles ; next, the free-men-of-color under Major D'Aquin, and next, the left, under General Coffee, which was composed of Tennesseeans, Mississippians, and the Orleans Rifle Company. Jacksoa's whole force was only two thousand, one hun- dred and thirty-one men. Commodore Patterson, of the United States navy, was or- dered by Jackson to let two gunboats, the Carolina and the Louisiana drop down the river and bombard the enemy. As there was little wind, the Louisiana, which was a heavy vessel, could not be steered ; and so the Carolina, which was much lighter, sailed down alone and took up her position op- posite the British camp. In the meantime it had grown dark, and when the British saw the Carolina they thought she might be one of their own cruisers, and hailed her from the levee. All at once they heard some one on board cry : " Give them this for the honor of America! " Then the guns flashed out, and a deadly hail of shot swept over the British camp, and in ten minutes cov- ered the ground with dead bodies. Those who were able, rushed to take refuge under the levee, where they lay for an hour shivering in the dark, but afraid to move. Suddenly the rapid firing of the pickets informed the Eng- lish that the Americans were attacking them on the land side. 182 HISTORY OF LOUISIANA. Rushing to their arms, they defended themselves as best they could. At first there was a thick fog, and the contest was almost in the dark, but the moon, then in her first quarter, afterwards gave a feeble light. The fighting lasted from 7 o'clock till 9:30. During the battle the English landed and brought up addi- tional troops till they had about five thousand on the field. Both sides fought with great bravery, but the advantage re- mained with the Americans. The English fell back to their camp, where they passed the night under arms. Jackson, hear- ing that large reinforcements of the enemy had come up, stopped his men. His loss in killed, wounded, and prisoners was two hundred and thirteen, while the English lost over four hundred. For the most part it was a hand-to-hand con- test. An English officer, who afterwards went over the field, declares that in some places he found two soldiers lying dead together, each pierced with the other's bayonet. Jackson was seen in the very front of the battle, exposing himself to every danger, and exhorting his men until their courage rose to the level of his own. This bold attack on the British saved New Orleans. If the enemy had been allowed to march forward with their large army, Jackson would not have had time to build the fortifications necessary to resist them. But after the battle of the 23d of December, the British, seeing that the way was not open and that the Creoles would not join them, did not venture to advance till they had received large reinforcements. QUESTIONS. jfv Tell about Jackson's arrival in New Orleans. How did he defend the city? Describe the battle of Lake Borgne. What is martial law? Describe the landing of the British. Describe the battle of Decem- ber 23. i WAR OF l8 12-15. 1®^ CHAPTER XXVII. THE BATTLE OF NEW ORLEANS. Preliminary Skirmishing. — Jackson now fell back two miles nearer the city and fortified the Rodrigues canal on the plain of Chalmette. The English spent the next few days in bringing up more troops, landing heavy artillery, and pre- paring for a vigorous campaign. This delay was fatal to them, for it gave Jackson time to build those terrible breast- works which the English long remembered. . Until the 25th instant, the British had been commanded by General Keane ; but on Christmas morning the army was delighted by the arrival of the commander-in-chief, Sir Ed- ward Pakenham, brother-in-law of that famous Duke of Wellington who, some months later, was to overthrow Na- poleon at Waterloo. The L'ouisiana^ the other American war ship, had now dropped down the river and anchored above the Carolina. As these two vessels rendered any advance very dangerous, Pakenham's first step was to attack them. Bringing up his artillery, he threw red-hot shot at the Carolina until she took fire and blew up. The crew, however, escaped, and the Louisiana^ finding herself in danger, succeeded in sailing up the river. On the 27th of December the British troops advanced once more as if to attack the breastworks that Jackson was com- pleting along the Rodrigues canal. But it was a useless at- tempt ; for the American batteries poured a heavy fire into their ranks and forced them to retire. On the 31st instant, Pakenham threw up embankments in front of the American lines, and having placed his heaviest artillery, he prepared to silence the American guns. The morning of January i, 1815, dawned upon a thick Louisiana fog ; but as soon as the mist cleared away both sides began a 184 HISTORY OF LOUISIANA. WAR OF 1812-15. 185 tremendous cannonading, which was continued till late in the afternoon. The Americans proved themselves so much more skilful in the use of artillery that the English despaired of overcoming them by this method of fighting. Nearly all the British batteries were silenced. Arrival of the Kentuckians. — On January 5th the Ken- tucky militia arrived in New Orleans, and were put under the command of Major-General John Thomas. These troops, however, as well as many soldiers from other States, were in want of proper clothing to protect them from the intense cold and the rains of the month of January. " The Legisla- " ture of Louisiana," says Latour in his history, "voted six " thousand dollars, and this amount was increased to sixteen " thousand dollars by the private subscriptions of the New " Orleans Volunteers and the inhabitants of Attakapas and " the German Coast. With some of this money blankets " were bought, and the ladies of New Orleans quickly made " them into clothes. The rest was expended in the purchase " of shoes, mattresses, and other necessities, till all the needy " soldiers were well provided." In this noble way did Lou- isiana show her gratitude to those who had come to her de- fence. Preparations for the Fight. — The 8th of January was the day chosen by the British to decide the fate of New Or- leans and Louisiana. From the first of that month to the seventh they had busied themselves in digging out and ex- tending Villere's canal till it reached the Mississippi. It was Pakenham's intention to transport a body of troops on barges through this canal and land them on the opposite bank of the river. Colonel Thornton, who was put in command of these troops, was directed to cross the river before day on the morning of January 8, seize the American batteries on the right bank, and turn them against Jackson's lines as soon as Pakenham's army advanced. Unfortunately for Thornton, his barges stuck in the heavy mud of the canal, and when he 186 HISTORY OF LOUISIANA. reached the other bank with six hundred men, day had dawned and he was too late to render any assistance to Pakenham. Jackson's Line. — Jackson's breastworks, which were one mile long, extended from the Mississippi back to a cypress swamp. They were thrown up behind an old mill race, or canal, which separated the plantation of Rodrigues from that of Chalmette.* At first some bales of cotton had been used to strengthen portions of the embankment, but this inflam- mable stuff had been set on fire by the enemy's shot, and the heavy Louisiana mud was found to be far more useful. f In some places the works were twenty feet across the top and seven feet high, in others they covered the men only to the breast. The long line was defended by eight batteries and 3200 men. In the rear there were 800 more troops, consisting of the Mississippi cavalry and Attakapas dragoons, to act as a reserve and rear guard. The line of 3200 was composed of various bodies of troops. Among them may be mentioned the uniformed militia of Creoles, under Major Plauche ; Captain Beale's company of riflemen, stationed near the river, and the two battalions of free-men-of-color, under Lacoste and D'Aquin. Further on were the Kentuckians and Tennesseeans, under Major General Carroll and General Coffee ; nor must we forget the Baratarian privateers under Captain Dominique, who .commanded Battery No. 3. — * The Fight. — Long before dawn on the morning of the ^th, the Americans, lying in their intrenchments, had heard sounds in the British camp which told them there was to be an attack on their lines. They waited calmly for the sun to rise and show them the enemy. It was a cold foggy morn- ing. At dawn two rockets went up from the British camp. They were the signal of attack. The mist that covered the * Alexander Walker's Life of Jackson. t Hence the old story that Jackson fought behind cotton bales on January 8th is a mistake. WAR' OF 1812-15. 187 plains as with a veil slowly lifted, and revealed the English columns approaching under General Gibbs. In front was the famous 44th regiment, composed largely ol Irish soldiers. It was intended that these should bring up bundles of sugar cane to fill up the canal, and short ladders to mount the American fortifications. But by the negligence of their col- onel they came unprovided, and had to be sent back to get them. Before they could fall back, however, the American batteries had opened upon them a murderous fire, which cut great gaps in their ranks. Jackson was everywhere along his lines, crying out: " Stand to your guns; don't waste your ammunition; see that every shot tells!" The Ten- nesseeans and Kentuckians came forward in turn and poured a shower of bullets into the advancing British col- umns, while the American batteries on the other side of the river broke the enemy's lines with their shells. The effect was terrible ; the field in front of Jackson's works was strewed with dead bodies. The 44th, headed by Pakenham him- self, now advanced ; but what could bravery do against opponents that never showed themselves, while they swept the field with volley after volley of grape-shot and shell and bullet? All that was left of Gibbs' command had to give way, and Keane brought to the front his splendid body of troops, headed by the Scottish Highlanders. As these gal- lant soldiers swept forward, Pakenham raised himself in his stirrups and cheered them.* But all was in vain. Out of the body nine hundred strong that advanced, only one hundred and thirty left that bloody field alive. Pakenham himself, as he bravely led his men, was wounded in the arm ; but still he pressed forward. Suddenly a shell burst near by, killing his horse and wounding him in the thigh. He fell into the arms of his aid, and, as he was raised up, another shot struck him. Borne to the shelter of an oak near by, the young commander-in-chief expired before he witnessed the * Walker's Life of Jackson. 188 HISTORY OF aOUISIANA. total defeat of his army. Nor did the other principal officers escape. Gibbs received a mortal wound and welcomed death as a release from pain, while Keane was wounded too severely to take command. Still the British pushed forward under Major Wilkinson, who succeeded in climbing to the top of the American forti- fications. Here he too fell, pierced by twenty bullets. His pakenham's oak. men were glad to fall upon their faces in the muddy canal and thus escape the hail of lead. Near the levee the British, under a brave officer named Rennie, rushed forward and captured the redoubt that guarded this point. But to take it was one thing, and to hold it another. The Ameri- can riflemen soon forced them to retire with the loss of their commander. General Lambert, who on Pakenham's death became com- mander-in-chief, brought up his reserve to shelter the columns as they fell back, but he did not venture to renew the attack on Jackson's lines. As the British retired, the American artillery continuedP^to fire upon them, and the cannonading did not cease till 2 o'clock in the afternoon. i The Contest on the Right Bank. — Jackson had pUfced General Morgan on the right bank to oppose the advance of WAR OF 1812-15. 189 the British. Morgan's position, though it was protected by a canal, was not a strong one, and could easily be turned by the enemy. His force was composed partly of Louisiana and partly of Kentucky troops — in all about six hundred men. These troops, however, seem to have been without disci- plitie, and General Morgan did not manage them wisely. On the morning of the 8th, as we have seen, Colonel Thornton crossed the river with about six hundred men. He immedi- ately began to advance up the right bank towards Morgan's lines. Almost no 'resistance was offered by the Americans. The Kentuckians fled in disorder, and were followed by the rest of Morgan's command. The British, however, when they heard of Pakenham's defeat on the other bank, retired across the river, and the Americans occupied their former position. The flight of Morgan's troops, though they seem to have had some excuse for their conduct, brought a sharp rebuke from General Jackson, who did not understand how an American could retire before an Englishman. British and American LfOSses. — An English writer who was present at the battle of New Orleans, states that Pakenham had seven thousand men on the field, and lost two thousand. Jackson lost only eight killed and thirteen wounded ! Fort St. Philip. Retreat of British. — The British fleet sailed up the Mississippi and attacked Fort St. Philip, but it was so bravely defended by the Americans under Major Overton that, though the English bombarded it from the 9th to the i8th of January, they were unable to take it. Finally, on the i8th, they retired down the river. On the same day General Lambert commenced his retreat across the marshes to Lake Borgne. He had given up all hope of taking New Orleans. ^ QUESTIONS. Who commanded the British? What was Pakenham's first step? Tell about the arrival of the Kentuckians. Give the date of the Battle 190 HISTORY OF LOUISIANA. of New Orleans. How did the British prepare for the battle? Did Jackson fight behind cotton bales.' What troops fought under Jack- son? Describe the battle. Tell about the contest on the right bank. What were the losses on both sides? Describe the retreat of the British. Point out on the map the position of the British and the Americans. V CHAPTER XXVIII. AFTER THE BATTLE. Rejoicings in New Orleans. — What had been happening in the city during this time ? The roar of the cannon on the morning of the 8th had been distinctly heard by the inhabi- tants. Some veterans, who were no longer fit for active service in the field, had been left to defend the city ; but the women and children were in a state of great excitement. Few persons believed that Jackson would be able to resist such a splendid army as Pakenham was known to have. There was a rumor, moreover, that the British had sworn to give over the city to a pillage of the ^MMSSx=~ most dreadful kind. Every ■i'teiiiaiii|i|i,i;4,;j,iia«iii:ii[iiii,,. 'V^^rTkVt, one trembled at the thought of JACKSON'S STATUE. guch 3. fate. From the battle- field no message had come. Suddenly, however, the sound of a horse's hoofs was heard, and a messenger, almost breath- WAR OF 1812-15. 191 less, galloped through the streets, crying: "Victory! Vic- tory! Pakenham is defeated ! Hurrah for General Jackson ! " Then the people poured out into the public square, and there was shouting and rejoicing such as had never been heard before in New Orleans. Not only had Jackson won a great victory, but he had lost only a few of his brave sol- diers ; and had not these met a glorious death in dying for their country? All hatred of the English was lost in pity. The wounded British soldiers were brought up to the city on the steam- boat, and everything was done for their comfort. Many of them were nursed by the colored women of New Orleans, who volunteered their services. The Treaty of Peace. — Two weeks before the battle of New Orleans a treaty of peace between Great Britain and America had been signed at Ghent in Belgium; but alas! this was not known in Louisiana till February loth. For the war took place before there was any telegraph and before a steamer had ever crossed the Atlantic, so that news traveled very slowly. Jackson's Praise of His Troops. — On January 21st, Jackson issued general orders praising in the highest terms the conduct of the soldiers under his charge. The volunteers from the other States were thanked for their brave services, • as were also the Creoles, many of whom he mentioned by name. The free-men-of-color, he declared, had acted with courage and perseverance ; and the Baratarians, under the Lafittes and Dominique, had all deserved the thanks of the country. At his suggestion, the President of the United States pardoned the Baratarians for all their past misdeeds. Jackson's Reception in New Orleans. — The 23d of Jan- uary was appointed as a day of thanksgiving for the great victory. A triumphal arch was erected in the middle of the large square in which Jackson's equestrian statue now stands. The scene that followed is thus described by an eye-witness, 192 HISTORY OF LOUISIANA. Major Latour: "The windows and balconies of the city " hall (the old Cabildo) and all the adjacent buildings were " filled with spectators. When General Jackson, accom- " panied by the officers of his staff, arrived at the entrance " of the square, he was requested to proceed to the cathe- " dral by the way prepared for him. As he passed under the " arch he received crowns of laurel from two children, and " was congratulated in an address spoken by Miss Kerr, who " represented the State of Louisiana. The General then pro- " ceeded to the church amidst the salutations of youngladies " representing the different States, who strewed his passage " with flowers. At the entrance of the church he was re- " ceived by the Abbe Dubourg, who conducted him to a seat " prepared for him near the altar. Te Deum was chanted " with solemnity, and soon after a guard of honor attended " the General to his quarters; and in the evening the town, " with its suburbs, was splendidly illuminated." The Trial of Jackson. — It would be pleasant to record that General Jackson left New Orleans with the praises of the whole population ringing in his ears. But such was not the case. By a mistake of the authorities at Washington the General did not receive official notice that the Treaty of Peace had been ratified by Congress till March 13th, 1815. It is true that he had heard the news of the peace on the lOth of February ; but as he believed in strict discipline, he in- sisted on keeping New Orleans under martial law till the official notice reached him ; and he even went so far as to ar- rest Dominic Hall, judge of the District Court, who had dis- pleased him. After the official notice arrived the hero of Chalmette was summoned before Judge Hall, and fined one thousand dollars for having made an " unnecessary and arbitrary use of martial law." This fine the General promptly paid. As he left the Court House his friends hauled a carriage to the door, and, forcing the General to enter, they dragged him iri triumph to WAR OF 1812-15. 193 a neighboring coffee-house. Here he made a speech, which concluded with these noble words: "Considering obedi- " ence to the laws, even when we think them unjustly ap- COURT HOUSE IN WHICH JACKSON WAS TRIED. " plied^ as the first duty of every citizen, I do not hesitate to " comply with the sentence you have heard pronounced. Re- " member the example I have given you of respectful sub- " mission to the administration of justice."* QUESTIONS. How did New Orleans receive the news of Jackson's victory ? If the telegraph had been in use at this time, would the Battle of New Orleans have been fought ? How was Jackson received in New Or- leans ? Tell about Jackson's trial. What did Jackson say about obedience to law ? * Soon after this General Jackson left Louisiana. When he visited New Or- leans aeain in 1828, he came as the guest of the State, and was received as a national hero. In the same year he was elected President of the United States. In 184S Congress paid back to him the fine of one thousand dollars, with interest for thirty years ; the Legislature of Louisiana offering at the same time to give the required amount out or the State Treasury. A few years later a splendid eques- trian statue of the General was placed in the old Place D^Armes^ which was re- christened ** Jackson Square." 194 HISTORY OF LOUISIANA. PERIOD OF DEVELOPMENT. CHAPTER XXIX. GROWTH OF THE 5TATE. James Villere, Governor. 1816-1820. — After the British retired from Louisiana, no war came for many years to dis- turb the peace and happiness of the State, and Louisiana began to enjoy a period of wonderful prosperity. As soon as the soldiers who had served under Jackson laid down their arms, they returned to their various occupations and went to work with a new spirit. The fame of Louisiana's fertile lands had spread in all directions ; and very soon settlers from Georgia, South Carolina and Virginia came crowding in to find homes in the new State. For many years, how- ever, no great events took place ; as we glance over the period, there seems to be nothing worth relating. But if we look more closely we find that what an English historian calls a " noiseless revolution " was going on. It was the revolution caused by the increase of population and the development of industries. In 1815 the population of the State, white and black, was only 90,000, but in 1820 it had grown to 153,407. Sugar and cotton were produced in greater quantities ; and before many years had passed new methods of refining sugar had made this staple more profitable than ever before. In 1816 Claiborne's term as governor came to an end. For twelve years he had held this office ; and as a mark of their esteem for his high qualities, the legislature, in 1817, elected him as a representative of Louisiana in the United States Senate. A few months afterwards, however, he died. His successor as governor was General James Villere, a Creole, who had distinguished himself alike in war and peace. It PERIOD OF DEVELOPMENT. 195 will be remembered that he was a rival candidate in the elec- don of 1S12. Governor Villere found that with the new population a great many persons of bad character had slipped into the State, and that the morals of New Orleans needed correc- tion. Measures were quickly taken to put down all lawless- ness in the city by establishing a Criminal Court and by pass- ing severe regulations. By this means good order seems to have been very soon re- stored, for we hear no further GOVERNOR JAMES viLLBRE. complaint of the evil-doers. Yellow Fever and Overflow. — The only things that in- terrupted the prosperity of the State at this time were the yellow fever and the overflows of the Mississippi, both of which came with terrible regularity. There was a great deal of discussion in regard to the necessity of building better levees, but very little work seems to have been done. In fact the native inhabitants appear to have regarded the over- flows and the fever as a matter of fate — something that could not be avoided. Moreover those who were acclimated soon ceased to fear the fever ; its victims were to be found chiefly among the new settlers. According to Gayarre, many of the old Creoles even welcomed its coming, because they hoped it would keep out the bustling, pushing Americans, who threat- ened to take possession of the State. This jealous feeling toward the Americans continued for some years, and kept the Creoles a kind of . separate race in Louisiana. Finally, however, the two mingled freely, and all 111 feeling was for- 196 HISTORY OF LOUISIANA. gotten. In our day it is hard to believe that any such trouble ever existed ; for the Creoles, though they like to preserve the French language, take pride in being Americans, and w^elcome settlers from all parts of the Union. ^"5" Banks and Speculation. — The business of New Orleans increased with the prosperity of the State. Great warehouses were built, fine residences were seen on every hand, and city property rose rapidly in value. As forty millions of dollars had been invested in sugar plantations, many banks were necessary for the large transactions that were taking place. In 1818 the Bank of Louisiana, with a capital of two mil- lions, had been incorporated. Others soon followed, and every one was eager to take stock in them. Unfortunately, however, this craze for new banks went too far. As these institutions lent money freely, the planters borrowed large sums on their lands, and, as the money seemed easy to get, they spent it lavishly. On their estates they displayed a splendid hospitality and lived like princes. The State itself took shares in the new banks, and for a time all went well. But soon there was a period of wild speculation. Property in and around New Orleans was bought at prices far exceed- ing its value ; even the swamp lands back of the city, which were useless for any purpose, were eagerly purchased by speculators. The banks had been allowed to issue notes, which were accepted as money ; for it was supposed that there was suffi- cient specie in their vaults to exchange for these notes when- ever the holders wished to have them redeemed. Finally, however, there was what is now called a " panic." It was discovered that the banks had gone far beyond their means, and were not able to redeem their notes. In the year 1837, the crisis came, and in one day fourteen banks suspended. Of course the paper money became of no value, and many persons were ruined. Property that during these times of rash speculation had risen very high, now fell very low. But PERIOD OF DEVELOPMENT. 197 this bitter experience tnuglit every one to be more cautious in conducting business, and the general prosperity of the St^te was not long interrupted. As nothing could prevent the rich soil from producing fine crops of sugar and cotton, and as a ready markt ' was found for these staples, the plant- ers rapidly recovered from the " panic." * Lafayette. — In the year 1834, the Marquis de la Fayette, the distinguished Frenchman who had fought for the inde- pendence of America in the Revolution of 1776, came over to the United States. He was received everywhere with great honor, and was invited by the people of Louisiana to visit their State. He consented, and on April 9th, 1825, he arrived at Chalmette field. Here he was met by a committee of citizens and escorted to the city. The State legislature having voted fifteen thousand dollars for his entertainment, the old Cabildo on Jackson Square was fitted up as a resi- dence. In this historic building Lafayette received the citi- zens, who came in great numbers to do him honor. Tri- umphal arches were erected ; there were many splendid ban- quets ; and the city gave itself up to enjoyment. Louisiana had not been one of the American colonies in 1776, but the Spanish governor of that day, it will be remembered, had aided the struggling colonies as much as he could ; and now, in 1825, the people of Louisiana wished to show that they joined the rest of America in their love and respect for this noble " guest of the nation." After leaving New Orleans Lafayette ascended the Mississippi river. Everywhere that he stopped he was received with the highest honors. The United States Government presented him with the sum of two hundred thousand dollars and a large tract of land in Florida. The Capital Removed. — In the same year (1825) an act of the legislature was passed to remove the Capital from * Our present State National Banks, which issue paper money secured by bonds deposited in the U. S. Treasury, and which consequently can not refuse to redeem their notes, were not established until 1863. 198 HISTORY OF LOUISIANA. New Orleans to Donaldsonville. This was done partly be- cause the country parishes wished a more central location than New Orleans, and partly because it was thought that the legislators would do their work better in a quiet country town than in a gay city. The sum of five thousand dollars was expended on a building in Donaldsonville, and the trans- fer was made. But the legislators found the little town so dull after the pleasant life to which they had been accus- tomed, that they longed to return. Finally, in 183 1, &iey adjourned the house one day, and taking the steamboat, were soon back in the Crescent City, which thus became the Cap- ital once more.* First Railroad. — Before it left Donaldsonville, the legis- lature passed an act incorporating the Pontchartrain Railroad Company. This railroad^is the oldest in Louisiana, and the second that was completed in the United States. It is still in existence, and connects New Orleans with the pleasant little town of Milneburg. Some years passed before other rail- roads were built. New Orleans Lighted by Gas. — Just four years later (1834), New Orleans was for the first time lighted by gas. Up to this time, as we learn from old newspapers, the privi- lege of furnishing oil and matches to light the city had been sold every year to the lowest bidder. When gas was intro- duced It was soon found that the increase of light diminished very much the number of crimes committed on the streets at night. But it is only since the introduction of electricity within the last ten years, that it has been clearly shown that plenty of light will do as much to free a city from criminals as will the best of lawSW ^ * New Orleans remained the Capital till 1849, when the legislature met for the first time in Baton Rouge, which had been made the seat ot government. Aftei the Civil War the legislature assembled in New Orleans till 1882 when a transfei to Baton Rouge once more took place. PERIOD OF DEVELOPMENT. 199 QUESTIONS. Tell about the noiseless revolution in Louisiana. Who succeeded Claiborne as governor? What interrupted the prosperity of the State.' What caused the bank failures in 1837? Who was Lafayette.? How was he honored on his return to America? Why was the Capital removed from New Orleans? What was the first railroad in Louisiana? IT CHAPTER XXX. GROWTH OF THE STATE — CONTINUED. During the period which we have been reviewing Louisi- ana was blessed with a succession of excellent governors. As there was little political strife in these times, and as the State was generally very prosperous, some modern writers have named this period the " Golden Age of Louisiana." Public Domain. — -In 1820 Governor Villere was succeeded by Thos. B. S-obertson, a distinguished lawyer, who greatly endeared himself to the people by his wise and useful ad- ministration. After nearly four years' service he retired,* and the governor's chair was occupied from 1824-28 by Henry Johnson, who had previously held a seat in the United States Senate. The messages of these governors declare that the State was then in a prosperous condition ; but they con- tain constant complaints of the United States authorities for their management of the public lands in Louisiana. In making Louisiana a State the Government at Washington had reserved for itself large tracts of land that were not then oc- cupied. As the population increased, the State Government wished to get possession of these lands, which were becoming more valuable every day ; but fot some time the General Gov- ♦Governor Robertson, having been appointed district judge, resig;ned, and his term was completed by Hon. H. S. Thibodaux, who was president of the State Senate. 200 HISTORY OF LOUISIANA. emment refused to surrender them. Finally, however, an arrangement was made by which Louisiana received a great part of this public domain, as it was called, and from the sale of certain portions money was obtained to build levees, to found institutions of learning, and to pay a part of the State debt. Large areas are still owned by the State.* Pierre Derbigny. — In 1828, Johnson was succeeded as governor by Pierre Deibigny, who had previously been a judge of the Supreme Court and secretary of state. In the follow- ing year, however. Governor Derbigny was thrown from his gig and killed. As there was^no \ PIERRE DERBIGNY. lieutenant-governor under the old constitution, the president of the senate, A. Beauvais, acted as gov- ernor until the legislature met, when he was followed by a second president of the senate, Jacques Dupre. ^ ' Finally, in 1830, a regular governor a. b. roman. election was held, and the governor chosen was A. Bien- venu Roman. 1 A - 1 i- i/^mS^ 'm^ SMmb^ ^K' '^^^H ¥/ ^^^a ^m 1* /^^^^^ « |l ^, % r«"^ \ ( Cjwr.jiti- ^ *The University at Baton Rou^e is partly supported by funds obtained from the sale of public domain. The United States Government still owns many thousands of acres in the upper parishes of Louisiana. This land is given away in certain quantities to settlers. PERIOD OF DKVKLOPMENT. 201 A. B. Roman, Governor. 1831-1835. — Governor Roman was a fine type of the Louisiana Creole, and his services to his native State were very important. He founded Jeffer- son College in St. James parish, and when the legislature made an appropriation for its support, he added a subscrip- tion from his own fortune. Professors were brought over from Europe, and many students were educated in the new college. In managing the affairs of the State, Governor Roman showed gi'eat ability. Being violently opposed to the wild speculations of his time, he did all that he could to keep the State from indulging in them. To him also, we owe the establishment of the first experimental farm to advance the study of agriculture. As we shall see he was the first gov- ernor of the State to enjoy the honor of a second term. Refining of Sugar. — During Roman's first term, and in ^he next few years, great progress was made by some prom- inent planters in the refining of sugar. Up to this time it ' -C^!^ CARRYING CANE TO THE MILL. had been often said that Louisiana sugar was not suitable for refining, and there were many complaints of its inferior quality. About the year 1830 some of the richest planters 202 HISTORY OF LOUISIANA. determined to show that a fine grade of sugar could be pro- duced in the State. The result of tfteir experiments was watched with the same interest that was shown when Etienne de Bore made his successful attempt to produce granulation. What is called the " vacuum process " had been introduced by two planters, Messrs. Gordon and Forstall, and was very PICKING COTTON. successful. Two other rich planters, ValcourAime and Thos. Morgan, of St. James parish, now purchased expensive ma- chinery and the best chemicals for the refining process. Their first experiment succeeded beyond their expectations. They produced a high grade of refined sugar, several tons of which were sent to the North as a proof that Louisiana could compete with other countries in supplying the markets of the United States. It was even hoped that all the inhab- itants of America could be supplied with Louisiana sugar. Cholera. — In 1832, Louisiana was visited by a terrible dis- ease called Asiatic Cholera. It proved to be a far worse scourge than ever the yellow fever had been. Beginning in Asia it had spread over Europe, and was then brought by a PERIOD OF DEVELOPMENT. 203 ship to Canada. From Canada it finally reached Louisiana. Here as many as five thousand persons died of it. The ne- groes, who generally escaped the yellow fever, died in large numbers of this new disease. Edward D. White, Governor. 1835-39. — I" 1835. E. D. White,* who had for several years been an able representa- tive in the Congress of the United States, was elected gover- nor. During his administration there was a great increase in the amount of cotton produced. The price of sugar fell to six cents a pound, which in those days was considered too low for a profit. Every one, therefore, began to neglect sugar and cultivate cotton. In 1836 Louisiana produced 225,000 bales, which was nearly double the crop of 1834. After 1840, however, a new tariff brought up the price of sugar, which became once more the great staple of Lou- isiana. Nineteen of the southern parishes devoted them- selves to its cultivation, while Rapides, Avoyelles, Concor- dia, Catahoula, and Calcasieu, which had, before this, raised only cotton, now prepared to try the cane. The result was that in 1844 the crop was 200,000 hogsheads. Grovyth of New Orleans. — New Orleans, which always prospers with the State, had grown rapidly. The city was spreading beyond its old limits of Canal and Esplanade streets ; for its population, which in ten years had more than doubled, now reached 102,000. In one year 2000 sailing vessels and 1600 steamboats arrived at its levees. Overflow of 1840. — In the meantime Governor White had been succeeded by A. B. Roman, whose second term lasted until 1843. During his administration there was an unusual rise in the Mississippi river. There had not been such a flood, says an old historian, since that of 1782, when the prairies of the Attakapas and Opelousas country were partly overflowed. The Mississippi now spread over the parishes of Lafouixhe and Concordia, while the waters of Red river covered the ♦The father of E. I). White, now Ajsociate Justice of the U, S, Supreme Court, 204 HISTORY OF LOUISIANA. extensive cotton lands along its banks. When the flood dis- appeared, however, it was found that the overflowed district had received a rich deposit of mud, and the next year a fine crop was produced. QUESTIONS. What was the trouble about public domain? Name the governors that preceded Roman. Tell the chief services of Governor Roman. Give an account of the refining of sugar. What was the change in agriculture while White was governor? Give an account of the over- flow. CHAPTER XXXI. INCREASE OF DEnOCRACY — TROUBLE IN TEXAS. A. Mouton, Governor. — In 1843 Alexander Mouton was elected governor. He had previously been a United States Senator. Open-hearted, frank, and endowed with good judgment, Mou- ton enjoyed great popularity among the people of Louisiana. He always showed himself ready to sacrifice his personal interests for the good of his State. During his administration Louisiana paid off a large portion of the debts she had contracted when she took stock in the new banks. The New Constitution. — In 1845 a new constitution was framed for Louisiana, which differed in some important points from that of 1812. It was far more democratic — that is, it gave more privileges to the people than they had possessed before. Thus, under ALEXANDER MOUTON. PERIOD OF DEVKLOPMKN'l'. 205 the old constitution no one was allowed to vote who had not a certain amount of property. Now all this was changed ; the right of suffrage was granted to any male white twenty- one years of age who had resided two years in the State. Formerly the governor was obliged to own a landed estate worth five thousand dollars ; but now the poorest man in Louisiana could be elected to the highest office. Moreover, a char»ge was made in the method of electing the governor — a change which is found in all the subsequent constitutions. By the constitution of 1812, the general assembly was per- mitted to choose the governor by ballot from the two candi- dates that had received the highest number of popular votes. Thus it was in the power of this assembly, if it wished, to choose the candidate that had received a smaller number of popular votes than his opponent ; though such a disregard of the people's wishes never occurred. The new constitution, however, provided that the general assembly must declare the candidate receiving the highest number of popular votes to be the duly elected governor. It was under this constitution, also, that the offices of lieu- tenant-governor and superintendent of education were created. The first superintendent, Alexander Dimitry, did noble work •for the schools. During this early period duelling had been very common in Louisiana, and the framers of the constitution determined " to try to check it. Hence we find a provision that no State officer could enter upon his duties unless he swore that, since the adoption of the constitution, he had not engaged in a duel. A still severer article is found in the later constitution of 1852, which declared that no one who had been engaged in a duel should be allowed to vote. In our latest constitu- tions, those of 1868 and 1879, all provisions in regard to duelling have been dropped ; and the practice itself seems to be disappearing. Isaac Johnson, Governor. 1846-50. The Mexican War. . — Under the new constitution. Isaac Johnson, who had held 206 HISTORY OF LOUISIANA. the office of district judge, was elected governor. Scarcely- had he begun his duties when a serious war began between the United States and Mexico. The cause of the war was this : When Louisiana was pur- chased, Texas remained a. part of Mexico. As many American set- tlers, however, had moved into this territory, the United States Govern- ment tried to purchase it, but Mex- ico would not sell. In; 1835 Texas boldly took the matter into her own if\ hands. Throwing off her allegiance to Mexico, she declared herself a free republic, and" asked to be admitted into the Union as a GOVERNOR ISAAC JOHNSON. State. At fii'st Congress would not consent, for there was a party in the North who 'wished to abolish slavery, and who opposed the admission of Texas because she would be admitted as a slave State. In spite, however, of this and other objections, Texas was finally made a State in 1S45. ■'■*■ ^^® ^ ^"^ thing for the United States to acquire this splendid piece of territory ; but Mexico was very angry at the interference of the American Govern- ' ment, and before a year had passed war was declared be- tween the two countries, ■y' General Zachary Taylor, who owned an estate near Baton Rouge, was sent with a small army to defend the border of the new State. As the Mexicans threatened him with a superior force, he called upon Governor Johnson for addi- tional troops. When the governor brought the matter before the legislature, the sum of one hundred thousand dollars was immediately voted for the purpose of sending help. New Orleans was wild with enthusiasm. The military companies seemed as anxious to fight as they had been some thirty years before at Chalmette, " In a few dap," says Geneiral 0\yen, PERIOD OF DEVELOPMENT. 207 in his account of the Mexican War, " the Washington Regi- " ment, of New Orleans, looo strong, was on its way on " transports down the Mississippi." Other troops followed until Louisiana had sent a considerable force to aid her sister State against the Mexicans. The details of the war that fol- lowed can not be given here. It is sufficient to say that the Mexicans were defeated on every side, and that finally the American army under General Scott fought its way to the City of Mexico and captured it. The last defence of the city was the fortress of Chapultepec, which was taken by storm. In this portion of the campaign as well as in the battles of Monterey and Buena Vista, the Louisiana troops served with splendid courage. General G. T. Beauregard (then major), distinguished himself, and was twice wounded. As we look over the list of officers from Louisiana we see such well known names as Dessommes, Musson, Blanchard, Bourgeois, Soniat, and Hunt. With the surrender of the Mexican capital the war ended, and the Mexicans were glad to make peace. It was agreed that Texas should take as her southern boundary the Rio Grande river — a boundary which Mexico had not been will- ing to grant before the war. General Joseph Walker, Governor. 1850-53. — The suc- cessor of Isaac Johnson was General Joseph Walker, who had previously held high offices in the State. During his administration, the people, having already become dissatis- fied with the constitution of 1845, decided to have another framed. The result was the constitution of 1853, which was still more democratic than the previous one. Among other things it declared that the judges of the State Supreme Court instead of being appointed by the governor, as they are at the present day, should be elected by the vote of the people. The object of this measure was to limit the power of the governor, but it was not a wise step. Moreover, the privilege of crenting new c^ebts for th^ @tfttet which hnci 208 HISTORY OF LOUISIANA. been denied the legislature by the constitution of 1845, was now once more granted. Paul Hebert, Governor. 1853-56.* — Under the new con- stitution Paul Hebert was elected governor. He had pre- viously occupied, says Gayarre, the position of State engi- neer, and had been president of the late constitutional con- vention. During his administration there occurred one of the most terrible yellow fever epidemics that Louisiana had ever seen. Formerly the disease had generally confined itself to New Orleans, but now it spread over every part of the State, and thousands of the inhabitants died. Never since the coming of the cholera had such sorrow and dismay been felt throughout the State. When the fever was over, however, trade was resumed and the State began once more to prosper. Among the signs of this prosperity it may be mentioned that during this period the public school system, which thus far had not been very successful, was aided by State funds and put upon a better basis. A few years before (1847) the University of Louisiana (now Tulane) had been established in New Orleans. The State now made appro- priations to complete the University buildings and to aid other institutions of learning. R. C. 'Wickliffe. — In 1856 Governor Hebert was suc- ceeded by Robert C. Wickliffe, a native of Kentucky, who had settled in West Feliciana. Here Mr. Wickliffe had won prominence as a lawyer, and had afterwards been elected a State senator. During his administration there was much po- litical excitement in Louisiana, in which the leading lawyers took an active part. Among these, three of the most promi- nent were Pierre Soule, John Slidell, and Judah P. Benjamin. Before the war all three served in the United States Senate, where they courageously defended the Southern Cause in the discussions that arose. * Hebert was installed as governor in January, 1853, but by a special article of the new constitution the terms of all officers were regarded as beginning in January, 1852. ^ - GOV. THOS. B. EOB.KTSON. ^^^ ^^-^^^'^^^.^a HIBKHT. GOV.E.D.WHITB. GOV. JOSEPH WALKEK.^ GOV. F. Gov. B. 0. WlCKMFFK. Gov. THOS. O. MOOKE. THE CIVIL WAR — 1861-65. 209 QUESTIONS. What was the character of Governor Mouton? Tell about the changes made by the new constitution. What important event oc- curred during the administration of Governor Johnson? Give an ac- count of the Mexican War. What changes were made by the consti- tution of 1852 ? Tell about the yellow fever in Hebert's administration. Who was the successor of Governor Hebert? THE CIVIL WilR-1861-65. CHAPTER XXXII. BEQINNINQ OF THE WAR. The Approach of 'War. — The annual messages of Hebert and Wickliffe show that the great topics of discussion in Louisiana were slavery and secession. The war was nrot far off, and these messages, full of fiery sentiments, were like the low thunder that announces the coming of a storm. The party opposed to slavery, known as the Republican party, had been rapidly growing at the North, and seemed likely at an early day to gain control of the National Govern- ment at Washington. Louisiana and the other Southern States thought that, if this happened, an attack would be made upon the institution of slavery ; perhaps a law would be passed to do away with it altogether. At this period the North no longer had any slaves ; while the -South depended upon them for the cultivation of her plantations, which, it was believed, could not be worked by white labor. The Causes of the War. — From the beginning of the nineteenth century there had been some jealousy between 210 HISTORY OF LOUISIANA. the Northern and the Southern States ; and this feeling, un- fortunately, increased as the differences between the two sec- tions became more marked. Slavery never flourished in the cold North as it did in the warm South. Moreover, the Northern people had no large plantations, and generally pre- ferred manufactures to agriculture. In the South the slaves were suited both to the climate and to the occupation of the people. Now it was very difficult to make satisfactory tariff laws for two portions of a large country, which depended for their support upon different kinds of products. A tariff, for instance, that protected the manufacturer of the North often threatened to ruin the planter of the South. Whichever sec- tion of the country, therefore, had the majority in Congress was able, if it wished, to pass laws very injurious to the other. Thus we have seen that, in i8n, Josiah Quincy, of Massachusetts, declared in Congress that if Louisiana were admitted as a State, the older States would be justified in breaking up the Union ; for, as he argued, Louisiana could not have the same interests as the Northern and Eastern States. Twenty-four years later (1833), there was a great debate in the United States Senate between Daniel Webster and John C. Calhoun. Webster, who was from Massachusetts, declared that the Constitution of the United States did not permit a State under any circumstances to withdraw from the Union. Thus Massachusetts had changed her opinion of the Constitution since the days of Josiah Quincy. Calhoun, who was from South Carolina, maintained that the right to withdraw from the Union belonged to every State ; for, in ratifying the Constitution, the States had reserved to them- selves this power. Such was the famous "State Rights Doctrine." In general the North took the side of Webster, while the South took the side of Calhoun.* The debate in * It is interesting, however, to note that Webster's distinguished biographer, Henry C, Lodge, though a Northern man and a violent opponent of secession, ad- mits tnat,in this great aebate, Calhoun proved his interpretation of the Constita- tion to be the true one. THE CIVIL WAK — 1S61-65. 211 this case had arisen over a tariff law passed by Congress. As this law was regarded as a vic5lation of the Constitution, South Carolina " nullified " or refused to obey it, and prepared to secede, in case the President attempted to enforce obedience. The trouble, however, ended in a compromise. Each side gave up something, and a tariff diminishing yearly till it ceased, was finally adopted. Thus the great question of what rights belonged to the States and to the General Gov- ernment respectively, was not settled, but only deferred. \c When, therefore, some years later, the party in the North opposed to slavery grew very strong and seemed to be on the point of getting possession of the Government, the South naturally began to discuss once more the question of seces- sion. Would the North dare to interfere with slavery, which had so long been an established institution in the South ? If a Southern State submitted to such interference it would lose its self-respect ; secession was the only means of pre- serving its rights. This was the general feeling in the South ; while the North was determined to preserve the Union at all hazards. Each side thought itself in the right, and it looked as if the long contest over the question of secession, which slavery had thus brought to the front once more, could be decided only by a war between the two sections. As soon, therefore, as the Republicans, in i860, succeeded in electing as President Abraham Lincoln, the Southern States prepared to secede from the Union, and to defend their action, if necessary, by an appeal to arms. '"^ Louisiana Secedes. — The first State to pass an ordinance of secession was South Carolina, which many years before had so boldly asserted her rights through the statesman, John C. Calhoun. Other Southern States followed. In Louisiana a convention was called at Baton Rouge to decide what course the State should pursue. The officer elected to preside on this important occasion was the venerable Ex- Governor Alexander Mouton, a man highly respected by all 212 HISTORY OF LOUISIANA. the people of the State. By a vote of 113 yeas to 17 nays, the convention decided that Louisiana would join her sister States in withdrawing from the Union (January 26, I861).* This decision was destined to bring sorrow and disaster upon the State, but the Louisianians believed that under the Con- stitution of the United States they had the right of secession, and they were determined to fight, if necessary, to maintain it. The governor of Louisiana at this time was Thos. O. Moore (1860-64), ^ ^'^^^ planter and man Of large influence. He strongly supported the course pursued by his State, The New Government. — In February, 1861, the various States that had seceded sent representatives to a Southern *The ordinance of secession was as follows: "The State of Louisiana. "An ordinance to dissolve the Union bet-ween the State oj Louisiana and other States united -with her under the compact entitled ** *THE CONSTITUTION OF THE UNITED STATES OF AMERICA * *' Wcy the people of the State of Louisiana, in convention assembled, do declare and ordam, and it is hereby declared and ordained, that the ordinance passed by us in convention on the zad 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 w^hich the State of Louisiana became a member of the Federal Union, be and the same are hereby repealed and abro- g-ated; 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. *' We do further declare and ordain., That all rights acquired and vested under the Constitution of the United States, or any Acts 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." On the iSth of February, 1S61, the legislature passed the following joint reso- lution : " I. Be it resolved by the Senate and House of Representatives of the State of Louisiana^ in general assembly convened y'X'hsX the right of a sovereign State to secede or withdraw from the Government of the Federal Union and resume her original sovereignty when in her judgment such act becomes necessary, is not prohibited by the Federal Constitution, but is reserved thereby to the several States, or people thereof, to be exercised, each for itself, without molestation. " 2. Beit further resolved, etc., That any attempt to coerce orforce a sovereign State to remain w^ithin the Federal Union, come from what quarter and under what- ever pretence it may, will be viewed by the people of Louisiana, as w^ell on her own account as of her sister Southern States, as a hostile invasion, and resisted to the utmost extent. " C. H. Morrison, ** Speaker of the House of Representatives, " B. W. Pearce, " President of the Senate. " Thos. O. Moore, ** Governor of the State of L»uisiana." THE CIVIL WAR — 1861-65. 213 Congress, which met at Montgomery, Ala. A new govern- ment was formed under the title of the "Confederate States of America," a new constitution was adopted, and Jefferson Davis, of Mississippi, was elected President.* The Fall of Fort Sumter.— For a short time it was thought that the North and the South could agree on some plan of compromise and that there would be no war. But on April 12, 1861, General G. T. Beauregard,! of Louisiana, who was in charge of the South Carolina defences, was in- structed by the Confederate Government to fire on Fort Sum- ter in Charleston Harbor. This step was taken because a fleet, with a large supply of provisions, was on its way from New York to aid Sumter in withstanding any attack. The fort was at this time occupied by United States troops under Major Robert Anderson, and it refused to surrender until it had been bombarded for thirty hours. This bom- bardment opened the war, for the "Fall of Sumter" aroused the North, and ^President Lincoln called for 75,000 volunteers to com- pel the South to come back into the Union. The terri- ble contest lasted four long years. Its course was mark- ed by famous battles and great deeds of valor. Among the soldiers of the South ^none gained greater fame than those from this State, but if * The list of Confederate States was as follows : South Carolina, Mississippi. Alabama, Georgia, Louisiana, Florida, Texas, Virginia, Arkansas, Tennessee, and North Carolina. Missouri and Kentucky did not secede, but the Southern sympa- thizers in these States formed revolutionary governments, which were recognized by the Confederacy. ■f General G. T, Beauregard became one of the most prominent generals on the Confederate side. As we have seen, he opened the war by the capture of Fort GEN. G. T. BEAUREGARD. 214 HISTORY OF LOUISIANA. we followed them in all their campaigns, we should have to give an account of the whole war. In this little volume, therefore, we shall relate only those events that occurred on Louisiana soil. Preparations for War. — When the cry To Arms ! was heard in Louisiana, the greatest enthusiasm filled the hearts of the people. Business was forgotten, and preparations were made to send as many troops as possible to Virginia, which, it was known, would be the chief battle ground of the war. Those who failed to enlist were regarded as traitors to the South. The famous Washington Artillery paraded the streets of New Orleans amid the cheers of the people, and after listening to a stirring address from an eloquent preacher, took its departure for Richmond. Other companies followed, until the old city had few troops to defend her in case she was attacked. The soldiers of Louisiana had gone to win laurels for themselves on battle fields far from their native State. At this time hardly any one thought that the war would ever reach Louisiana ; for the South believed she could successfully defend her territory against the Northern armies. QUESTIONS. Describe the approach of war. Give the causes of the war. Who was elected President in iS6o? When did Louisiana secede? Name the Confederate States. Describe the fall ot Sumter, and the prepara- tion for war in Louisiana. Sumter. Subsequently he won great tame at Manassas and on other battle fields. After the \var General Beauregard lived in New Orleans, where he died February 20, 1893. His body lay in state at the City Hall. In his honor the business of New Orleans was practically suspended and all public institutions ^vere closed. THE CIVIL WAR — 1 86 1 -65. 215 CHAPTER XXXIII. THE WAR IN LOUISIANA. Importance of New Orleans. Its Defences. — For nearly a year the State remained undisturbed ; but in the >^'R.K./^NJ^/\^ "/i , ShUvepoU S /4 1 ®S / \ / ) / [J <. vicKsbcirg y^ iBijif.tId ^ / W) \ W J^^&°" y^ cn \ ) ^V^iroui^ ?/ /TaRWe^ (^ -{l S Ale>t<""tl-'^3V?, AifV, / ^ 2' % ^ ) , VSiUieAl V vV A ^< iflVwiisfV "V \ *^^-'-^ ^^ ^V Q>-V^^ < ^^^ .-^^-^^A ^^XT^ rAE>tico -^-^/Ly vyv^^^.0-- -=- ..1 WAn MAP or L0Ui51ANA« winter of 1862 a Federal fleet and an army arrived at Ship Island, with the intention of attacking New Orleans. The main object was to, get possession of the great highway of 216 HISTORY OF LOUISIANA. America, the Mississippi river, and thus cut off the troops and supplies which the South could bring over from Louisi- ana and Texas to aid her army. But the North" knew that unless New Orleans were captured, it would not be possible to hold the lower Mississippi. Extensive preparations, there- fore, had been made to seize the Crescent City. On the other hand, the Confederate Government does not seem to have appreciated the importance of New Orleans, for again, as in the days of the English invasion, the city was by no means well protected. At the Rigolets, Barata- ria Bay, and other inlets, there were some batteries, but they were very weak, and the only strong defences were on the Mississippi, about thirty miles from its mouth. These were Fort Jackson and Fort St. Philip, the latter of which had resisted the English so successfully in the days of Andrew Jackson. Besides the guns of these forts, there were in the Mississippi, iust above them, eighteen war vessels to protect the passage of the river and prevent an enemy from slipping past. Below the forts the river was obstructed by a line of mastless vessels, placed across the channel and bound together by a number of iron chains. The entire river de- fence was under the command of General J. R. Duncan. Farragut's Fleet. — The Federal fleet at Ship Island was under Flag-Officer David G. Farragut, who was afterwards made an admiral for his splendid services on the Mississippi. H e was a Southern man, and had once lived in New Orleans, but when the war broke out he remained in the Northern service. He was one of the bravest and most skilful com- manders that the American navy has ever had. His fleet con- sisted of four powerful sloops of war, each one carrying oyer twenty guns, together with a number of gunboats and mor- tar schooners — amounting in all to forty-three vessels. Part of these were under Commander D. D. Porter. Farragut's plan was to come up the Mississippi, bombard the forts, and try to reach New Orleans. If this could be THK Civil. WAR — 1861-65. ^^' accomplished, General B. F. Butler, at the head of 15,000 troops, was to follow him and occupy the city. The Passing of the Forts. April 23, 1862. — When this formidable fleet came within about half a mile of the forts, a terrible bombardment began and continued several days. Fort Jackson received the greatest part of the attack, and re- turned the fire of the Federal vessels with great spirit and accui'acy. On the second day, the 19th of April, a shot from this fort struck one of Farragut's schooners, passed through her bottom, and sunk her. As there seemed to be no chance of reducing the forts, the bold Flag-officer determined to break through the obstructions and run past. On the 20th, after dark, two vessels were sent forward to investigate. One of these, the Itasca, ran boldly against the chains which bound the old hulks together. These chains, not being suffi- ciently strong, snapped in two, and an opening large enough for the passage of the war vessels was made. For three more days, however, Fanagut continued to bombard the forts, while he was busy making preparations to run the gauntlet. At 2 o'clock on the morning of the 24th, every- thing was ready, and the signal for the advance was made from the flag-ship. The excitement on both sides was in- tense. The forts knew that an attempt to run by them was about to be made ; but in the darkness the gunners could not aim very accurately. Still they made ready, and as the fleet began to pass, they poured upon it a terrible discharge of shot and shell. Fire rafts were sent down to render the passage dangei'ous, and the flag-ship Hartford was soon in flames ; but her crew extinguished the fire and she pressed on. The little Confederate fleet above the forts fought gallantly to defend the passage. The Governor Moore, a Confederate gunboat, commanded by a skilful officer named Beverly Kennon, rammed and fired into the Federal vessel Varuna, which was so disabled that she sunk. But the Northern fleet was too powerful to be stopped, and though many of his gun- 218 HISTORY OF LOUISIANA. boats were riddled with shot, Farragut soon scattered or de- stroyed the Confederate vessels. The Confederates had made an heroic defence, but the enemy had fought their way through, and New Orleans was lost. On the 25th of April Farragut reached some bat- teries placed by the Confederates on both sides of the river near Chalmette. Having quickly silenced these, he anchored before New Orleans. Burning of the Cotton. — As soon as the news reached New Orleans that Farragut had passed the forts, the dismay of the inhabitants was so great that at first nothing was done. Then as the people realized that the troops in the city were not sufficient for its defence, they decided to destroy every- thing that might aid the enemy. The South had refused to let any cotton be exported, imagining that the factories of the North would thereby be crippled, and that the want of this important staple would force foreign nations to aid the Confederacy. "Cotton is king," was the cry, "and by withholding it from the markets the South will win the day." Hence, there was at this time a large quantity of cotton in New Orleans, and the authorities were determined that it should not fall into the hands of the invaders. Twelve thou- sand bales were quickly piled upon the levee and set on fire ; warehouses were broken open, and barrels of sugar and molasses were added to the burning mass. The very gutters ran with molasses, and the banquettes were covered with sugar. Many of the steamers at the levee were set on fire ; and a powerful gunboat called the Mississippi, which had not been finished in time to be of any use, was sent down the river a mass of flames to meet Farragut's fleet. A cloud of black smoke rested over the city like a symbol of ruin and destruction. Nevir Orleans Occupied by the Federals. — When Far- ragut had anchored in front of New Orleans, he sent an offi- cer to Mayor Monroe tp demand that the city should be sur- THE CIVIL WAR — 1861-65. 219 rendered and that the Louisiana flags should be removed from all public buildings. The mayor, probably hoping that something might still be done to save the city, refused to surrender, and for some days negotiations were carried on between him and Farragut. In the meantime, however, the Confederate forces in New Orleans under Gen. M. S. Lovell, being too weak to make a successful resistance, retired from the city. If any resistance had been made Farragut would have bombarded New Orleans and killed thousands of the inhabitants. The retreat of Lovell, therefore, was a wise measure. Moreover, the forts on the river had surrendered to Porter, who had been left in charge of the mortar schoon- ers. Finally, on the 30th of April, Farragut sent two of his officers, with a strong guard, to the present City Hall, with orders to pull down the flag that waved there, and run up the "Stars and Stripes" in its stead. An immense crowd of citizens looked on ; but resistance was now useless, and none was made. New Orleans was in the hands of the enemy.* On May i, the city was handed over by Farragut to the control of General B. F. Butler, who had followed with a large army. Butler was a coarse, rough man, who treated the people with great indignity. His tyrannical behavior will long be remembered in New Orleans. The only thing that has been said to his credit is that he cleansed the city and kept it in the best sanitary condition that it has ever known. This task, however, was rendered easy by the fact that the city had been deserted by a large number of the in- habitants. Moreover, the absence of foreign trade during the war helped to keep all Southern cities free from disease. * Before Farragut had taken possession of New Orleans, a United States flag was placed over the Mint by the crew from one of his vessels. As the city had not surrendered, this act caused a great de.-il of indignation. Three bold youths. Har- per, Burgess, and Canton, under the leadership of W. B. Mumford, dc ermincd at the risk of their lives to pull it down. Adolphe Harper was the first to reach the flag. He and his companions handed it over to Mumford, who dragged it through the streets in triumph. When Butler took command of the city he had Mumford arrested, tried, and hanged. The three youths escaped. As the flag had been placed on the Mint without the orders of farragut, the execution of Mumford was ^njust and cruel. 220 HISTORY OF LOUISIANA. The fall of New Orleans was a great blow to the Southern Cause. It was held till the close of the war by Union sol- diers, who thus controlled the mouth of the Mississippi, and at the same time had a convenient point from which to at- tack the Confederates. QUESTIONS. How was New Orleans defended? Why was New Orleans an im- portant city to capture? Describe the passing of the forts. What was the effect of the news in the city? Describe the occupation of New Orleans. CHAPTER XXXIV. THE WAR IN LOUISIANA — CONTINUED. The Opening of the Mississippi. — As a Federal fleet had already descended the Mississippi to a point some dis- tance above Vicksburg, Farragut determined to join it and thus complete the "clearing" of the river- Accordingly, after the capture of New Orleans, he sent up the river seven of his war vessels. When these reached Baton Rouge, that town, which was not fortified, quickly surrendered. Such, also, was the fate of Natchez ; but Vicksburg refused to sur- render. Farragut now arrived from New Orleans, and taking a number of his vessels, he ran past the batteries at Vicksburg to join the Union fleet above. As he went by, the guns on the heights of Vicksburg rained down shells upon his fleet, but though they killed fifteen of his men and wounded thirty, they did not succeed in stopping him. His guns answered those on the heights, but did no damage to the Confederates. Thus Farragut had shown that he could pass the fortifica- tions, though he had clearly seen that Vicksburg was too strong to be captured vyitliovit the h§Ip of a land army. After THE CIVIL WAR — 1861-65. 221 joining the upper fleet and remaining with it awhile, he re- turned to New Orleans. The river was falling rapidly and the malaria had attacked so many of his sailors that he was glad to escape from the unhealthy district around Vicksburg. Some powerful vessels, however, were left above Baton Rouge to watch a dangerous Confederate ram named the Arkansas. This ram was armed with ten guns and covered with railroad iron three inches thick ; and when Farragut was above Vicksburg she had come down the Yazoo river, run the gauntlet of the whole Union fleet, and taken refuge under the batteries of the city. The Confederates Attack Baton Rouge.— When Far- ragut retired, a strong Federal force under General Thomas Williams took possession of Baton Rouge. This was the Capital of Louisiana, and the Confederates determined to make a desperate attempt to drive away the Federals and re- cover the town. If Baton Rouge could be retaken, the Mis- sissippi from that point to Vicksburg would be practically under the control of the South, and the Red river, from the banks of which all sorts of supplies could be brought for the support of the Southern army, would be open to Confeder- ate steamboats. Accordingly a large force under General John C. Breckinridge, a brave Kentuckian, was sent down from Vicksburg to attack General Williams. As the Fed- eral gunboats were still in the river, General Breckinridge ordered the ram Arkansas to drop down the Mississippi, clear the river, and join him at Baton Rouge. With the as- sistance of the ram on the water side, he hoped to make a successful attack upon the town. As soon as the Arkansas left Vicksburg, the telegraph announced the fact to Breckin- ridge, and he waited to hear her guns upon the river. But alas! the famous boat never reached Baton Rouge. Her engines, which had been badly constructed, were now out of order. As she descended the river every effort was made to repair them ; the loud blows of hammers? were distinctly heard from. 222 HISTORY OF LOUISIANA. the banks. Nothing, however, could be done, and when she reached a point a few miles above the town, there was a crash in the machinery, and the Arkansaslay almost helpless upon the Mississippi. Without the power to move quickly she was useless. And now the enemy began to draw near. What was to be done.? The decision was prompt. Head- ing the vessel for the bank, the men jumped ashore, and her commander, Lieutenimt Stevens, set her on fire and turned her adrift. It was a memorable scene. The Confederate flag still waved above her, and every gun was loaded. As the flames began to spread, her great guns pealed out, one after another, threatening destruction to the approaching enemy. Then when the fire reached her magazine there was a mighty report, and the fragments of the powerful Confederate iron-clad were hurled in every direction. Though no Arkansas came to his aid, Breckinridge bravely attacked the Federal troops in the town, and in his first assault carried everything before him. General Williams on the Union side was killed at the head of his men, and if Breckinridge had been supported from the river, the capture of Baton Rouge would have been complete. But in the face of the Federal gunboats, which were now rapidly filing, the Confederates could not hold their position, and Breckinridge was compelled to order a retreat. The attack was one of the boldest feats of the war, for the Federals were superior in numbers and were splendidly equipped, while Breckinridge's soldiers were, many of them, without coats, shoes, or socks. Already the greater wealth of the North was shown by the bountiful sup- plies that came for her soldiers ; the poor Confederates often lacked the necessaries of life. The very table covers in New Orleans had been cut into coats for Southern soldiers shiver- ing with cold upon the bleak hills of Virginia. After the failure to take the Capital, the Confederates fortified Port Hudson, and the Union soldiers soon after gave up Baton Rouge and retired to New Orleans, THK CIVIL WAR- -1861-65. 223 General Taylor in Southern Louisiana. — Some weeks after the attack on Baton Rouge there arrived at Opelousas one of the most gallant of the Confederate generals. This was General " Dick" Taylor, who had already distinguished him- self in Virginia under Stonewall Jackson, and who was now sent to take command of all the forces in Louisiana. He was a native of the State, and was a son ^ of General Zachary Taylor, who, 3^s^ after his famous campaign in the Mexican war, had been elected President of the United States. 'Having inherited his father's '//skill in battle, General "Dick" proved himself a splendid officer. As soon as he arrived, General Taylor, with great energy, under- took the raising of an army to defend the State against the ad- vance of the Federals, and to keep open a road for the pas- sage of supplies to the Confederate troops east of the Mis- sissippi. The Governor of Louisiana, Thos. O. Moore, met him at Opelousas and turned over to him a few State troops. To these were soon added some companies from Texas. Great assistance was given by Ex-Governor Mouton, of Lafayette, who was very popular in that portion of the country, and who brought many of the Acadians under the Confederate flag.* Five companies of soldiers from St. Mary parish, under Colonel Fournet, took service, and thus Taylor's little army gradually increased. When he arrived there seemed to be no money and no troops ; but he tells us that the brave Creoles of that portion of the State were devoted to the Confederacy, and gave him invaluable help. Very GENERAL RICHARD TAYLOR. * See Tavloi's '* Destruction and Reconstruction," a work to which we wish to acknowledge our great obligations (or the account of the Louisiana campaign. 224 HISTORY OF LOUISIANA. soon, also, Taylor was joined by General Alfred Mouton, a son of Governor Mouton. This general served with great gallantry till he met his death at Mansfield. The Salt Mines. — About this time an important discovery was made on Avery's Island, near New Iberia, a discovery which may best be described in General Taylor's own words. ■ Salt wells had long been known to exist on Avery's Island, ' and some salt had been boiled there. The want of salt ' was severely felt in the Confederacy, our only considerable ' source of supply being in Southwestern Virginia, whence ' it was not easily obtained. Judge Avery, the owner of ' the island, began to boil salt for h s neighbors, and desir- ' ing to increase the flow of brine by deepening the wells, ''oame unexpectedly upon a bed of pure rock salt, which ' proved to be of immense extent. Intelligence of this 'reached me at New Iberia, and induced me to visit the ' island. Devoted to our cause. Judge Avery placed the ' mine at my disposal for the use of the Government. Many ' negroes were assembled to get out salt, and a packing ' establishment was organized at New Iberia to cure beef. ' During succeeding months large quantities of salt, salt ' beef, sugar, and molasses were transported by steamers ' to Vicksburg, Port Hudson, and other points east of ' the Mississippi. Two companies of infantry and a ' section of artillery were posted on the island to preserve 'order among the workmen, and to secure it against a ' sudden raid of the enemy, who later sent a gunboat ' up the Petite Anse to shell the mine, but the gunboat ' became entangled in the marsh, and accomplished ' nothing." Since the war this salt mine has been found to be practi- cally inexhaustible, and it will long continue to be a source of wealth to its owners. At the present day the mine is one of the most remarkable sights in Louisiana. Vast halls adorned with pillars have been cut out of the solid salt, and THK CIVIL WAR — 1861-65. 225 when the whole is illuminated by artificial light, it resem- bles some enchanted subterranean palace. \ QUESTIONS. Tell about the "clearing" of the Mississippi. Tell about the ram Arkansas. Why did the Confederates attack Baton Rouge? Describe the attack. Tell about the hardships of the Southern soldiers. What general now took command of the forces in Louisiana? What troops did he muster? Tell about the discovery of the Avery salt mines. CHAPTER XXXV. THE WAR IN LOUISIANA — CONTINUED. Fighting on Bayou Lafourche and the Teche. — General Taylor had not long to wait for the eneniy. On the 27th of October, 1862, General Weitzel, with a large body oi Fed- eral troops, advanced from Donaldsonville towards Labadie- ville in Assumption parish. The Confederates, under Gen- eral Mouton, were on both sides of Bayou Lafourche, and as there was no bridge, they could not combine against the enemy. At Labadieville, however, Colonel Armant, with about five hundred men and a battery, opposed the advance of Weitzel's army, which numbered four thousand. The contest was brief but sharp. Many were killed on both sides ; bi'.t Armant, having used all his ammunition, was forced to retire. General Mouton then fell back with all his troops to Berwick Bay below Morgan City. Finding here that Federal gunboats were preparing to come up from AtchafalayaBay, he retreated along the Teche. Weitzel followed slowly, and there were a number of skirmishes. In one of these the Federal gunboats attacked the Cotton^ a river steamer which the Confederates had 226 HISTORY OF LOUISIANA. armed, and forced her commander, Captain Fuller, to burn her in the Teche. Weitzel seems now to have been content with his success, for he remained quiet during several months at Berwick Bay. In the month of April, 1863, he was reinforced by large bodies of troops until the Federal army numbered 16,000 men. The officer in command was General N. P. Banks, who had succeeded General Butler in New Orleans. Though Tay- lor's entire force was only 3000 men, he felt that some effort must be made to resist the enemy, and he determined to throw up breastworks at Bisland, between Franklin and Morgan City. Here the Confederates made a magnificent stand for two days, but finding that a portion of the Federal army was trying to cut them off in the rear, they were forced to retreat. As the Confederates fell back, the Union army advanced northwards through Louisiana until it reached Alexandria on Red river, while General Taylor stationed himself at Natchitoches.* Trans-Mississippi Department. — In March of this year (I863) Lieutenant-General E. Kirby Smithj- had been sent by President Davis to take charge of the whole Trans-Mis- sissippi department, which consisted of Missouri, Arkansas, Texas, Louisiana, and some of the Territories. Great powers were given to the new commander ; he was to conduct the campaign as he thought best, and all the other generals west of the Mississippi, including General Taylor, were to obey his orders. His headquarters were at Shreveport on Red river. Port Hudson and Vicksburg. — After remaining some weeks at Alexandria, General Banks retired from Louisiana, and crossing the Mississippi laid siege to Port Hudson, * On the 20th of April Fort Butte 5i la Rose had fallen into the hands of the enemy. This little fort had been established on the Atchafalaya, not very far dis- tant from St. Martinsville. With four guns and a garrison of only sixty men, it liad bravely defended the Atchafalaya and driven off some of the enemy's gunboats ; but it was finally captured by a superior force of Federals. t After the war General Smith became a professoj at Sewanee, Tenn., where he died in 1S93. THE CIVIL, WAR — 1 86 1 -65. 227 GKN. E. KIRBY SMITH. (Taken in 1893.) which, as we have seen, was held by the Confederates. At this time Vicksburg, also, was undergoing the horrors of a siege. General Grant had shut up there the Confederate army under General Pemberton, and with the assistance of a fleet, he was bombarding the city. If Vicksburg and Port Hudson fell, the Mississippi would be in the power of the Federals, and the prospects of Louisiana would be indeed gloomy. Taylor at Berwick Bay. — When the enemy retired across the Mississippi, General Taylor determined to return to Southern Louisiana and attack a body of Federals that had been left at Berwick Bay. His expedition was planned with great skill and was entirely successful. The forces under General Thos. Green and General Mouton, who were then about one hundred miles apart, were ordered to meet at the Bay on the 33d of June. They arrived on time, and General Green planted a battery on the west side of the Bay. His object was to drive off a Federal gunboat, which had been left there to protect the camp of the enemy on the east bank. General Taylor then ordered Major Hunter with a body of Texas troops to await the opening of Green's guns, and then dash in upon the enemy from the rear. All this was well executed. Before the astonished Fed- erals could arouse themselves, Green had charged with his Texans and captured the whole camp, with the exception of a few men who escaped on a railroad train. General Taylor describes the scene as one of great excitement and confusion. Seventeen hundred prisoners were taken, but three-fourths of them were wQunded and convalescents left by 228 HISTORY OF LOUISIANA. General Banks. These were cared for, and as many as possible were sent to New Orleans with their surgeons. The spoils found in the camp were immense. They consisted of twelve cannon, many small arms, and a great quantity of ammunition, provisions, and medicines. So much rich booty the poor Confederates had not seen for a long time, and during several months they lacked nothing that was necessary for their comfort. Fall of Vicksburg and Port Hudson — Taylor's Re- treat. — After this successful expedition. General Taylor marched over to the Mississippi, and placed a battery of twelve guns on the river, with the hope of cutting off the Federal communication between Port Hudson and New Or- leans. In about a week, however, sad news reached him. On the 4th of July, 1863, Vicksburg had surrendered to General Grant. Five days later Port Hudson, finding fur- ther resistance useless, had capitulated to General Banks.* Thus at last the Mississippi was wholly in the power of the North ; the Confederacy was split into two parts, which could no longer communicate with each other. As we shall see, however. General Taylor did not despair of holding Western Louisiana. Having accomplished their object on the east bank of the river, the Federals under General Weitzel — six thousand strong — crossed over to Donaldsonville. Taylor, who had a force of only three thousand men, and who feared that the enemy might come down the Atchafalaya and cut him off, retired with his little army to Berwick Bay. This he ci'ossed, carrying with him the rich plunder which he had captured. During the next few months there was lively skirmishing in the country between Opelousas and New Iberia. The only considerable engagement was at Bayou Bourbeau near Ope- * The defence of Port Hudson by Louisiana troops under General Gardner, wlio was ably seconded by liis chief of artillery, Col. Marshall J. Smith, was one of the most gallant that were made during thff war. THE CIVIL WAR — 1 86 1 -65. 229 lousas, where the Federals were defeated by General Green and six hundred prisoners taken. Southern Losses in 1863. — During the rest of the year 1863, and the first months of 1864, there was no fighting of importance in Louisiana. But the year 1863 had been marked by great misfortunes for the Confederates. On the 1st of January President Lincoln had issued his famous Emancipation Proclamation, by which he declared all the slaves to be free. Many of them still remained faithful to their old masters ; but some ran away from the South and enlisted in the Northern armies. Moreover, not only had Vicksburg fallen and the Mississippi passed into the hands of the Federals ; but on the 3d of July, General Lee had been defeated at Gettysburg, Pennsylvania, with a loss of 21,000 men. This was a series of disasters from which the South could never entirely recover. Her means of carrying on the war were diminishing every day, while the North seemed to be as rich as ever. Still many brilliant victories were yet to be won b)- Southern leaders, espec- ially by Lee in Virginia ; and the war was to last nearly one and a half years longer. QUESTIONS. Tell something about the fighting around Bayou Lafourche. Where are Bayou Lafourche, the Teche, Berwick Bay? What power was given to General Kirby Smith? Who was in charge of the Union army? Tell about the seige of Vicksburg. Taylor at Berwick Bay. Fall of Vicksburg and Port Hudson. Tell about the Southern losses in 1863. 230 HISTORY OF LOUISIANA. ' CHAPTER XXXVI. THE CLOSE OF THE WAR. • Banks' Raid ; the Federals Attempt to Occupy West- ern Louisiana. — In the spring of the year 1864, the Fed- erals seemed determined to crush all opposition in Louisiana. On the I2th of March seventeen gunboats under the com- mand of Admiral Porter entered the mouth of Red river. This fleet protected 10,000 men under General A. J. Smith. The troops- landed at Simmsport on the Atchafalaya, and marching forward the next day, reached De Russey, a little fort on the Red. As the fortifications here had not been completed, there could be no successful resistance, and the enemy seized the garrison and ten guns. .nother Federal army of 18,000 men, under General Franklin, now marched up the Teche to join Smith at Alexandria. Thus the force that was intended to overwhelm Louisiana consisted of 28,000 men and a strong fleet of gunboats. The commander-in-chief of the expedition was General N. P. Banks, who had occupied Alexandria the year before. Be- sides his present army, Banks was informed that General Steele, with 7000 men, would march down from Arkansas and join him at Shreveport. Taylor's Retreat to Pleasant Hill and Mansfield. — General Taylor had been warned of the arrival of this great force, and he had fallen back towards Pleasant Hill and Mansfield. General Kirby Smith, who had fortified himself at Shreveport, thought it unwise for Taylor to try to make a stand against so large an army. But Taylor determined to risk a battle as soon as he saw a good opportunity. His army had been reinforced, and he had under him some excellent soldiers, and several distinguished officers. The chief of these were General Mouton, General Thos. Green, and Gen- eral Charles Polignac. The last was a French Prince, who THE CIVIL WAR — 1861-65. 231 had come over to America to fight for the South. He had charge of a Texas Brigade, who did not at first like to be commanded by a Frenchman, but Polignac soon proved him- self so brave and so skilful that his men regarded him with admiration and affection. The Battle ot Mansfield, April 8, 1864.— When Taylor had collected his troops at Pleasant Hill and Mansfield, he discovered that Banks was following him. Banks' army, however, was divided into large bodies, which were sepa- rated from one another by considerable distances. Taylor immediately decided to attack each body in turn, and thus try to rout the whole army. On the 8th of April he drew up his forces at Sabine Cross Roads, three miles in front of Mansfield. He had 8800 men — 5000 horse, 500 artillerymen, and 3300 infantry. Of Banks' large army only 5000 were in sight, but more troops were rapidly coming up. When the advance columns of the enemy appeared, it was im- possible to restrain the Louisiana troops, for they felt that they were defending their native soil. Rushing for- ward under General Mouton they carried everything be- fore them. The other brigades were equally successful ; but as the Louisianians approached the Federal lines, they had to meet a deadly fire from the enemy's artillery. One of the first to fall was the brave Mouton. It is said that he stopped to protect some Federal soldiers who had thrown down their arms and surrendered. While he sat upon his horse, waving to his men not to fire, some of the Federals picked up the guns they had thrown down and shot their protector through the breast. Not one of them, how- ever, survived this act of treachery. Polignac quickly took Mouton's place, and the Confederates pressed on, routing each new body of Federal troops as it was met. The pur- suit was stopped only by the darkness. " The fruits of the victory of Mansfield," says Taylor, "were twenty-five hun- " dred prisoners, twenty pieces of artillery, several stands of 232 ^ HISTORY OF LOUISIANA. " colors, many thousands of small arms, and two hundred " and fifty wagons." It is estimated that Banks' force en- gaged in this battle amounted to about 13,000 men. •^ l~ Pleasant Hill, April 9. — To complete his victory by at- tacking Banks on the following morning was Taylor's im- mediate decision. By that time, however, the enemy had taken a strong position at Pleasant Hill, and being reinforced by fresh troops, had in line about 18,000 men. Taylor, therefore, waited till he could be joined by General Churchill, who was coming up with several brigades com- posed of Arkansas and Missouri troops. With the addition of these, his army amounted to 13,500, but the new men were so wearied from a long march that the at- tack on the Federal lines could not be made before 3 o'clock in the afternoon. Chuixhill's troops were ordered by Taylor to march around through some woods and "turn the enemy's left." Having passed through the woods, the Missouri troops charged with great bravery, but unfortunately they made a mistake in choosing the point of attack, and were finally forced to retreat. Polignac's division, however, and General Green's dismounted horsemen drove back the enemy on their front, and at nightfall the Confederates were in possession of the field. Under cover of the darkness the Federals retreated as fast as possible to Grand Ecore on Red river. Banks afterwards claimed a victory at Pleasant Hill, and declared that he retired because his army lacked water and provisions ; but Admiral Porter, in his report, describes the whole expedition up the Red river as a complete failure. The Confederates, on their side, considered that they had won the day, and General Smith issued the following general orders : " Shreveport, La., April 19, 1864: God has blessed our " arms with signal victories at Mansfield and Pleasant Hill. " The General commanding finds it an appropriate occasion " to pay a well merited tribute to the endurance and valor THE CIVIL WAR — 1861-65. 233 " of the troops engaged in these battles. Collected from re- " mote points — from Missouri, Arkansas, Louisiana, and " Texas — after long and tedious marches, their combined " courage has gained on the soil of Louisiana the patriot sol- '* dier's highest reward, victory. * * * In the name of " a grateful people I thank them for this splendid result. '• While we mourn for the glorious dead and sympathize " with the heroic wounded, let us take courage for the " future. •* • * The names of Mansfield and Pleasant " Hill will be inscribed on the colors of the regiments en- " gaged in these battles. By command of General E. " Kirby Smith." The Pursuit of Banks. — General Kirby Smith and Gen- eral Taylor did not agree as to the best mannerof conducting the campaign after the battle of Pleasant Hill. Taylor thought that Banks should be pursued with all the available forces, and every effort made to destroy his army. General Smith feared that General Steele with yocxj Federals would advance to attack Shreveport, and taking a por- tion of Taylor's iufantry, he set out to meet Steele. The latter retired into Arkansas, and as Smith pursued him, Tay- lor was left without sufficient force to do more than worry Banks on his retreat. Taylor thought that he had been badly treated by his commanding officer; but it was simply an hon- est difference of opinion as to what was the best course to pursue. From Grand Ecore, Banks retired to Alexandria, destroy- ing property as he went ; while the Federal fleet, a part of which had ascended as high as Springfield Landing, about thirty miles below Shreveport, now dropped down the Red to cover Banks' retreat. A small battery of four guns (the Federals maintain that there were eighteen) under Captain Cornay, a brave officer, had been placed by the Confed- erates near the junction of Cane river and Red river. It was supported by two hundred riflemen. As Porter's fleet 234 HISTORY OF LOUISIANA. reached this point the little battery opened fire upon his gun- boats. One of them was cut to pieces, while the others suf- fered terribly. Captain Cornay, however, was killed, and Porter succeeded in passing. The battery's fire. Porter after- wards declared, was the heaviest he ever witnessed. When the Federal fleet reached the Red River Falls, near Alexandria, it was discovered that the water was too low to allow the gunboats to pass. There was a depth of only three feet four inches, while the largest boats required about seven feet. At first it looked as if the fleet must fall into the hands of the Confederates. But finally an engineer, Colonel Joseph Bailey, proposed a plan by which a dam might be built across the river The task was a very diflScult one, for at this point the river is seven hundred and fifty-eight feet wide and the current is swift. For eight days, however, sev- eral thousand men worked day and night, and finally the dam was completed. But as a portion of it was carried away by the current, it became necessary to build an additional one above. By means ot the two the depth of the water was in- creased sufficiently to allow all the vessels to pass over. This was a splendid piece of engineering work, the remains of which were still visible a few years ago. Colonel Bailey, who planned it, was raised to the rank of brigadier general, and received the thanks of the United States Congress. With the protection of the fleet, Banks now retreated to Simmsport. The Confederates, hanging upon his flanks, succeeded in cutting off many of his men ; but on May 20th he crossed the Atchafalaya. Here, as the Mississippi was in the pos- session of the Federals, the Confederates had to give up the pursuit. End of the War. — From this time on there was no more fighting in Louisiana. Nearly a year later General Robert E Lee, the great Southern commander-in-chief, surrend- ered to General Grant in Virginia, and thus put an end to the war. The South had fought a noble fight, but it was THE CIVIL WAR — 1861-65. 235 impossible for her to struggle any longer against the over- whelming numbers of the North. By this terrible contest between the two sections, the ques- tion of secession was settled forever. Perhaps it could not have been settled in any other manner. At the present day the Southern people, while they still maintain that their in- terpretation of the Constitution was the true one, have ac- cepted " the judgment of war," and are now firm in their loyalty to the Union.* General H. W. Allen, Governor. — In 1864, while the war was going on, an election for governor was held in Louisiana. In the New Or- leans district, Michael Hahn, a Union man, was chosen ; but his authority was recognized only in that portion of the State which was controlled by the Northern soldiers. The rest of the State chose as gov- ernor General Henry W. Allen, who, though born in Virginia, was an adopted son of Louis- iana. General Allen had been a gallant soldier, and had served under Breckinridge in the famous attack on Baton Rouge. Here he was wounded so desperately that it was thought he must die. Thanks to a good doctor, however, he recovered. As governor he won the love and respect of all Louisianians. Shreveport became the capital of the State, and it was here that Allen resided. The State had been de- *The Fourteenth Amendment to the Constitution of the United States, passed after the war {r86S), declares: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." '1 his amendment abolishes forever the con- stitutional riffht of secession. No " citizen of the United States " can take up arms against the General Government. 236 HISTORY OF LOUISIANA. vastated by the armies that had occupied it so long ; and at the close of the war the misery and want were such that, in many cases, the inhabitants of the parishes were on the point of starvation. Governor Allen nobly came to their relief. To raise money for the purchase of provisions was almost an impossibility; but, by his heroic exertions, it was accom- plished. Not only was food sent wherever it was needed, but a great number of the poor were aided in their efforts to begin life anew. Other good deeds of the "War Governor " are held in grateful remembrance. When, however, peace was finally made, Governor Allen, whose health had been shattered by his wounds, retired to Mexico, where he died in t866. His remains are buried in Baton Rouge. QUESTIONS. What was Banks' whole force? What was the difference of opinion between Taylor and Smith? Tell about the battle of Mansfield. How many soldiers fought on each side? Tell about the battle of Pleasant Hill? What was the result of Banks' Red river campaign? Describe the pursuit of Banks. How did Porter pass Red River Falls? How did the war end? Give an account of Governor Allen. RKSTOKATION TO THE UNION. 237 RESTORATION TO THE UNION. CHAPTER XXXVII. AFTER THE WAR. Reconstruction. — Louisiana had suffered terribly during the war. Her rich fields had been laid waste, her sugar houses had been burned, and, saddest of all, thousands of her brave sons had perished on the battle field. When the survivors returned to their homes, they took up once more the duties of life with the hope of restoring their fortunes by courage and industry.* The war had served one good pur- pose ; it had taught those who fought in it to bear misfor- tunes bravely. But alas! for the next twelve years Louisiana was destined to suffer almost as much as during the war itself. In December, 1865, there was added to the Constitution of the United States the Thirteenth Amendment, which declared that slavery was forever abolished. But Congress, which was now largely composed of Republicans, was afraid that the freedmen might not obtain the right of suffrage in the South. It decided, therefore, that the Southern States should not send representatives to Congress and should not control their own governments until they had been "reconstructed." This meant that in these States strong military governments were to be established by the President, and that these were to frame new constitutions, guaranteeing to the freedmen the right to vote, and excluding from office all prominent Con- federates. f As soon as the rights of the freedmen had been * General Richard Taylor tells us that at the close of the war his plantation had been confiscated, and that his whole fortune consisted of two horses, one of which was lame and unfit for service. fAfter ''reconstruction*' these Confederates were not admitted to Congress until they had been pardoned. 238 HISTORY OF LOUISIANA. thus secured, the States were to be readmitted to the Union. Political Adventurers. — In 1868, Louisiana having been duly "reconstructed," was readmitted to the Union.* But this was not to be the end of her troubles. Crowds of Re- publican adventurers, w^ho had hurried down from the North, got possession of the State Government. This was easy to do ; for according to the new constitution, framed in 1868, the Southern Democrats who had taken a prominent part in the war were not allowed to vote, and the freedmen naturally thought that they must support the Republicans, who had abolished slavery. Hence, a bitter contest arose between the Democrats, who owned all the property in the State, and the political adventurers, who held all the offices. These latter were called in the South "carpet-bag" politicians, because it was said that they brought with them from the North noth- ing but their carpet-bags. The new-comers soon began to seize the public money, large sums of which they put into their own pockets or spent in keeping themselves in office. All their actions were sup- ported by a band of soldiers called the Metropolitan Police, and by United States troops, which had been sent by the President " to keep order in Louisiana." Hence there fol- lowed a period of shameless corruption. In a few years the public debt of Louisiana was increased by the sum of $40,- 000,000. Taxes became extremely high, and the people of the State, who had been much impoverished by the war, were now overwhelmed with debt. After a while, however, the Republicans began to quarrel among themselves. H. C. Warmoth, who had been elected governor in 1868, was im- peached and suspended from office in 1872 by a hostile wing of his own party. For one month P. B. S. Pinchback acted * Michael Hahn, who was elected governor in 1864, resigned in 1865, and was suc- ceeded by another Union man, J. M. Wells. The ''reconstruction*' governors were B. JF Flanders and Joshua Baker. The former served from June, 1867, to January, 1868, and the latter from January, 1868, till July of the same year. RESTORATION TO THE UNION. 239 as governor. In 1873 ^^ was succeeded by another Repub- lican, Wm. P. Kellogg, The White League. — The Louisianians soon saw that if they wished to enjoy their right of free government, they must take up arms against the oppressors. A great number of the most prominent men in various parts of the State, therefore, formed themselves into what was called the White League. f The object of this organization was to rescue the State from the "carpet-bag" government and restore it to the white Democrats. " Resistance to tyranny! " was the cry in all the parishes. At St. Martinsville the people rose and drove back an armed vessel called the "Ozark," which the Repub- lican governor, Wm. Pitt Kellogg, had sent to arrest the principal citizens of town because they refused to pay taxes for the support of his government. Finally, on the 14th of September, 1874 — a day ever memorable in the annals of New Orleans — there was a battle between a detachment of the League and Kellogg's Metropolitan Police. Some fire- arms for the League had been brought to the city by steamer, and Kellogg declared that they should not be delivered to their owners. The forces of the White League, under Gen- eral Fred N. Ogden, marched to the foot of Canal street with the intention of taking possession of the arms. Here they were met by the Metropolitan Police under General Longstreet, and there was a sharp contest, in which forty men were killed and one hundred were wounded. The White League was victorious. The Metropolitans were scattered, and the pieces of artillery which they had placed upon the levee were turned against themselves. When the battle was over it was found that sixteen mem- bers of the League lay dead upon the street.* With their * On the 14th of September, 1891, a monument to the memory of these heroes was dedicated with appropriate ceremonies. It stands at the foot of Canal street, and bears the names of those who fell in defence of free government. These names should never be forgotten; Buzonier, Belz, Brulard, Crossin, Considine, Keuii- lan, Gautier, Oourdain, Graval, Lindsey, Mohrman, Newman, Robbins, Tole- dano. Wells, and West. I Outside of New Orleans, ** The White Man's Party." 240 HISTORY OF LOUISIANA. deaths, however, began a new era in Louisiana ; for the peo- ple of the State felt that their cause had been sanctified by the blood of these brave citizens, and that they must never give up the struggle until they had won back the right to govern themselves Kellogg's troops had been defeated ; but he himself had taken refuge in the Custom House. While here he appealed to the President for help. His request was granted, and with the aid of United States troops he was once more installed as governor.* " F. T. NichoUs, Governor. — In 1876, however, a new election was held. The Democrats, by a majority of 8,000, carried the State for Francis T. NichoUs. Many of the colored people, preferring to live in peace with the white landowners, left the Republi- can party of their own free will, and voted with the Dem- ocrats. Kellogg's party, how- ever, maintained that a ma- jority of the votes had been cast for their candidate, a United States marshal named Packard, whom they hoped to keep in office by means of FRANCIS T. NICHOLAS. United States soldiers. Nich- oUs, who had been a brave soldier, now showed that he was a devoted patriot. With calm courage he declared that at all hazards he would guard the rights of his State. "I " have been elected governor," he said, "and I intend to "be governor." The Louisianians rallied around him, ready to defend him at the point of the bayonet. ♦ The Democrats had elected John McEnery governor, and D. B. Penn lieuten- ant-governor, but both were now forced to retire. RESTORATION TO THE UNION. 241 In January, 1S77, therefore, two governors were inaugu- rated in Louisiana ; Nicholls openly on the balcony of the court building that overlooks Lafayette Square, and Packard behind closed doors in the State House (now Hotel Royal). Here, guarded by Federal troops, Packard and his followers remained for several months, while the White League held all the courts for Nicholls.* Finally, in April, 1877, a committee sent down from Washington to to investigate the strange condition of affairs in Louisiana, advised the President to withdraw the Federal troops. Without troops, Packard could do nothing, and his govern- ment immediately fell to pieces The "carpet-baggers" soon after departed from Louisiana, and the State once more enjoyed a free government Such is a brief summary of the important events from the close of the war to the year 1877. It is a far more agreeable task to take up the subsequent history of Louisiana, and tell how the State drew herself out of the '' slough of despond" and began again that career of wonderful prosperity which had been interrupted by the war. JL, QUESTIONS. What was the Thirteenth Amendment? What was "reconstruc- tion.' " Tell about the " carpet-bag politicians," and the increase of the State debt. What was the White League.? Tell about the " Ozark." Tell about the Fourteenth of September Whom did the Democrats elect governor in 1876.' Tell about the two governors. How did the contest end.' *The seizure of the Supreme Court on Jackson Square by Governor Nicholls' troops was one of the most exciting and important events that occurred during this period. It was on the 9th of January, a bitter cold day. At six o'clock in the morning the White League, well armed, gathered around the court, in which Pack- ard had stationed a guard of Metropolitans. Cannon were placed at the head of -neighboring streets; for it was expected that the Republicans would make a fierce resistance and that the United States troops would lend them aid. At the last moment, however, the courage of the Metropolitans failed them, and they decided to sur- render. There being no actual conflict the United States troops refused to interfere. As Packard's judges had already left the building and sought places of safety. Nicholla* appointees took their seats. They were Judges Manning, Marr, Egan, Spencer, and DeBlanc, with Alfred Roman as clerk. Tne other courts having been surrendered soon after, the judicial business of the State was conducted wholly by the Nicholls government. 242 HISTORY OP LOUISIANA. CHAPTER XXXVIII. PROGRESS. NichoUs and the New Constitution. — We have seen that, in 1868, under the Republican administration, a new constitution was framed for Louisiana ; but it was clear that this constitution contained many unwise provisions, which must be corrected or removed. Accordingly the leading men of the State assembled in convention at New Orleans and drew up the constitution of 1879, under which we are now living. It is given in full, at the end of this volume. This constitution contained some important changes. In all previous constitutions (except in one framed m 1864, during the military rule of General Banks), there was a provision that the governor should not be elected for a second term until four years after the expiration of his first term. This provision was now abolished. Moreover, the courts of the State were remodeled on a novel plan, the chief feature of which was the establishment of courts of appeal, subject to the supervision of the Supreme Court. In general, we may say that this constitution made provision for the immense debt that had been contracted by the State ; it provided for the usual system of public schools, though granting scanty funds for their sup- port ; and it confined within very narrow limits the powers of the legislature, so that the State might not be injured by un- wise laws. Louis A. Wiltz, Governor, 1880-81 — S. D McEnery, Governor, 1881-88. — Louis A. Wiltz, who had been elected governor under the new constitution, was inaugurated in January, 1880. One of the provisions of the constitution was that the seat of government should be removed from New Orleans to Baton Rouge. The old Capitol build- ing in the latter city had been burned during the war, but immediate steps were now taken to rebuild it. Wiltz, who had been lieutenant-governor under NichoUs, and had won RESTORATION TO THE UNION. 243 GOVERNOR LOUIS A. WILTZ. an enviable reputation for himself as mayor of New Orleans in 1872-74., did not live through his term. At his death, in i88i, the lieutenant-governor, S. D. McEnery, succeeded him, and after serving the" unexpired term, he was elected governor in 1884. Governor McEnery thus held the highest position in the gift of the people for seven years. The Jetties. — Up to the year 1879 New Orleans lacked a good channel through the mouths of the Mississippi. Dredging ma- chines had been used to remove the sand bars that constantly formed in the passes, and at various times iron harrows had been dragged over the obstruc- tions ; but nothing permanent had been accomplished. Vessels containing a million dollars' worth of goods were often aground on the bar for days, and the commerce of New Or- leans was seriously injured. In 1874, however. Captain Jas. B. Eads, a distinguished engineer, proposed to try a plan that had been suggested by a French en- gineer soon after the founding of New Orleans. This was to build jetties, which, by confining the immense volume of water be- tween them, would force the river to dredge itself. The United States Government thought favorably of this propo- sition, and made large appropriations for the work. Thus encouraged, Eads began his jetties in 1871^ and finished them GOVERNOR S. D. m'eNERY. 244 HISTORY OF LOUISIANA. in four years. They are built in what is called the South Pass, and consist of two long lines of willow " mattresses," ballasted with stone and held in place by piles. The east jetty is a little over two miles long, while the west one is about a mile and a half. The work was a perfect success ; for a channel from twenty six to thirty feet in depth was obtained where there had not been fifteen feet before ; and large vessels can now come up to New Orleans without any detention. Up to the year 1881, nearly six millions of dollars had been spent on the jetties ; and the success of the plan gained for Captain Eads the gratitude of Louisiana and a world-wide reputation. THE JETTIES. The Levees. — About the time the jetties were completed (1879), important progress was made in protecting Louisi- ana against the overflows and crevasses which every year seemed to become more destructive. In 1882, however, there came a great flood, which produced 284 crevasses. The extent ' of levee embankment swept away amounted in all to more than fifty-six miles. At first it seemed impossible to raise enough money to rebuild these levees, though it was clear that RESTORATION TO THE UNION. 245 the prosperity of the State depended upon the protection of the rich plantations that lie along the banks of the rivers. In 1883, however, a levee convention was called in Baton Rouge ; great interest was aroused ; money was raised ; and levee building on a large scale was undertaken. Timely assist- ance, moreover, came from the United States Government, which had already begun to appreciate the fact that the care of the levees on the Mississippi is a matter of national im- portance. In meeting the terrible difficulties of this period, Governor McEnery showed such zeal and ability that he gained for himself the gratitude of the whole State. This good work was continued on a larger scale than ever before during the second term of Governor Nicholls. From the time of the convention down to the year 1893, the sums spent upon the levees by the General Government and the State Boards amounted to many millions of dollars. The results of this wise policy were seen in the flood of 1890. In this year the water rose higher than in 1882 ; but the whole breakage in eleven hundred miles of levees was only four and one-quarter miles in extent.* Since then the United States Government has made an appropriation of ten million dollars for the Mississippi. With this sum and the amounts raised by the States most interested, it is promised by the en- gineers that the South shall have "a system of levees capable of controlling all floods in the Mississippi." Maritime Sanitation. — In 1878 over four thousand per- sons died of yellow fever in Louisiana. Some years later, however. Dr. Joseph Holt, of New Orleans, established at the mouth of the Mississippi a system of disinfecting vessels which won for him a national reputation. Improvements were made by his successor. Dr. C. P. Wilkinson, and by Dr. S. R. Oliphant, until the quarantine station is now the best equipped in the world. Since the establishment of this newV system there has been no yellow fever in Louisiana; at last * '*Memoirs of Louisiana." 246 HISTORV OF LOUISIANA. the State seems to have been freed from the terrible scourge which formerly did so much to injure commerce and to pre- vent immigration. Many physicians once believed that the disease originated in New Orleans and could not be kept out by quarantine ; but the present admirable system has proved the contrary. It may be added that Louisiana is now one of the healthiest States in the Union ; for the mildness of the cli- mate, and the out-door life which such a climate renders pos- sible, preserve the inhabitants from many of the terrible dis- eases so common in the North. f THE CAPITOL AT BATON ROUGE. The Cotton Centennial Exposition. — In the year 1784 the earliest shipment of cotton was made from Charleston, S. C It consisted of six bags (about one bale). To cele- brate the one hundredth anniversary of this event, a great Centennial Exposition was opened in New Orleans during he year 1884. The largest exposition building the world RESTORATION TO THE UNION. 247 had ever seen was built, and thousands of visitors flocked to Louisiana from the North, the East, and the West. They saw the beauty of our Southern land and enjoyed the hospi- tality of our Southern people. The Exposition, if it accom- plished nothing else, enabled the Northern and Southern peo- ple to know each other better, and removed much of the b't- terness that had been handed down as a relic of the war. The annual Carnival of New Orleans, probably the most splendid pageant ever seen in the world, has also played its part in drawing the two sections of the country more closely together. r 'A "jZT ^ ^- ^£^^'^'^-:'i"~'f'f''"^T-;^ " . ^ THE LEVEE AT NEW ORLEANS. NichoUs' Second Term as Governor. 1888-1892. — In 1S88, Francis T. Nicholls was called once more to the governor's chair. His great services in asserting the rights of his State and standing firm during the troublous times of 1876-77, had greatly endeared him to the people of Louis- iana, and they showed their appreciation of his sterling qual- ities by giving him a second term. During his administra- tion a fierce contest arose over the renewal of the Louisiana Lottery charter. As the Lottery Company offered a large 248 HISTORY OP LOUISIANA. annual sum to the State for this renewal, many people were in favor of granting it. But the Governor and some other prominent men declared themselves opposed to the contin- uance of lotteries, and a strong anti-lottery party sprung up. As both sides canvassed the State, there was a great deal of excitement. Finally, however the United States Govern- ment refused the Lottery Company the use of the mails ; whereupon the managers of that corporation withdrew their offer. Murphy J. Foster, Governor. 1892. — . — Murphy J. Fos- ter, "the man from St. Mary," who had been- the anti-lottery candidate for gov- ernor, was soon after elected over three opponents. The lieutenant-governor chosen at the same time was Charles Parlange, of Pointe Coupee. Coming into office after this bitter contest, in which the passions of two parties were greatly excited, Governor Foster, by his personal mag- netism and his wise adminis- tration, has won the praise even of his political enemies."^''^ Prosperity. — During the last sixteen years the prosperity of the State has been very remarkable. Now that there is deep water at the mouth of the Mississippi, thousands of ves- sels visit every year the docks of New Orleans, and bear away to all parts of the world not only sugar and cotton, the products of the South, but also great cargoes of grain sent down by the Western States. Sugar and Cotton. — Improved methods have made great changes in the sugar industry. "A quarter of a century ago " the yield of sugar was one pound from forty-five pounds of GOVERNOR MURPHY J. FOSTER. RESTORATION TO THE UNION. 249 " cane; at the present day in large factories the yield is one " pound from nine pounds of cane." Moreover, large cen- tral sugarhouses have been built, which buy the cane from the small planter and save him a great deal of expense. This economy in the manufacture, together with the bounty now paid to the planters by the United States Government, has given a new impulse to sugar planting. The cotton crop of 1891-92 was the most extraordinary in the history of the South. It amounted to nearly nine millions of bales. Of this crop Louisiana produced about 740,000 bales — more than her usual share. Immigration from the West — Cultivation of Rice. — Within the last few years a thousand families of settlers from Iowa, Kansas, and other Western States have crowded into the parishes of Southwestern Louisiana. The changes that these worthy people have produced in this portion of the State are so remarkable that they seem to be the result of a magical transformation. The chief settlements of the new-comers are m Calcasieu, and in parts of Vermillion and Cameron. At first they de- voted themselves more particularly to grass-growing, fruit- raising, and the breeding of fine stock. In all these they were very successful on account of the new and improved methods which they introduced. Their greatest success, however, has been won in the cultivation of upland rice. This was first tried on a small scale, but the crop was made with so little expense, and was so profitable, that more lands were soon drained and more rice was planted, until an immense area is now under cultivation. In St. Charles, Plaquemines, and other river parishes, rice has been cultivated for a num- ber of years. In 1880, however, the crop of the State was only 80,000 barrels ; while in 1893, with the addition of the new plantations in Southwestern Louisiana it excelled all previous crops, amounting to 798,738 barrels. Hence rice must now be placed among the great staple products of the 250 HISTORY OF LOUISIANA. State. Formerly it was grown chiefly in the Atlantic States ; but Louisiana now yields far more than all these States to- gether. As the quality of the Louisiana rice is very fine, and as the crop can be produced here at less expense than in any other State, the planters have a new source of wealth. The settlers from the West, therefore, have introduced a wonderful spirit of activity and enterprise into Louisiana. The Acadians themselves, who have generally been slow in accepting improvements, are now imitating their Western brethren, and are trying new methods of agriculture. As a result the assessed value of property in this portion of Louis- iana has been trebled during the last ten years. No wonder, then, that the Louisianians appreciate the importance of bringing good immigrants into their State. Education and Literature. — Louisiana may well boast of her progress in education and literature. Every year her public school system is improving.* It is now clearly seen that the State can not depend upon private schools, however useful they may be ; a public system is the true method of preparing the youth of the land to become good citizens. In the higher education, also, there has been much progress. The Universities for white and colored in New Orleans, the University at Baton Rouge, the Normal School at Natchi- toches, together with the numerous colleges scattered over the State, are offering better advantages than ever before. The young men of Louisiana no longer need to seek an edu- cation in Northern colleges or in foreign countries. Finally, with peace and prosperity, there has sprung up in the South a new literature, and in the production of it Lou- isiana has played an important part. Brilliant writers in French and English are to be found within the State. Creole and American authors are successfully describing to the out- side world the manners, the customs, and the scenery of our * New Orleans owes a debt of gratitude to John McDonogh, who gave ft \Si^g9 sum of nionev for the erection of h^nrtsoinp ephPPl buildings In the city. RESTORATION TO THE UNION. 251 Southern land. This new literature has excited great en- thusiasm in the North, and we may predict that Louisiana will gain a high place for herself in the literary world. Her writers have an interesting field to explore, for no history is richer in romantic incidents than that of Louisiana. With a glorious past to be proud of, and splendid oppor- tunities before her, the Pelican State can not fail to win still greater fame for herself and greater happiness for her peo- ple. QUESTIONS. Tell about the constitution of 1879. What two governors served after NichoUs ? To what city was the capital removed ? Tel! about the jetties. Tell about the levees. The quarantine system. What did the Exposition of 1884 celebrate ? Influence of the New Orleans Carnival. Nicholls' second term and the lottery contest. Who suc- ceeded Nicholls in 1892 ? Give some evidences of the prosperity of Louisiana. Tell about sugar. Cotton. Tell about the Western im- migrants and the cultivation of rice. Education and literature in Louisiana. PHYSICAL FEATURES, POPULATION, AND RESOURCES. The area of Louisiana is 45,420 square miles. The population in iSto was 75,556; it was in 1890 1,118,587. The State is divided into fifty-nine parishes, the names of which are as follows: Acadia, Ascension, Assumption, Avoyelles, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne, Con- cordia, De Soto, East Baton Rouge, East Carroll, East Feliciana Franklin, Grant, Iberia, Iberville, Jackson, Jefferson, Lafayette Lafourche, Lincoln, Livingston, Madison, Morehouse, Natchitoches Orleans, Ouachita, Plaquemines, Pointe Couple, Rapides, Red River Richland, Sabine, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Landry, St. Martin, St. Mary, St. Tammany Tangipahoa, Tensas, Terrebonne, Union, Vermillion, Vernon, Wash- ington, Webster, West Baton Rouge, West Carroll, West Feliciana, Winn. The chief cities, with their population in 1890, are: New Orleans; 242,039; Shreveport, 11,979; Baton Rouge, 10,478. Rivers and Streams. — Besides the three great rivers, the Missis- sippi, the Red and the Ouachita, there are innumerable little lakes and over two hundred bayous; so that Louisiana doubtless has more water courses than any other State in the Union. Soil and Products. — The geological features of Louisiana are very simple. The three formations found in the State are the cretaceous or chalky, the tertiary, and the fiost-tertiary .* It is said that the chalky formation underlies the whole State; it may be seen cropping out in the limestone hills of St. Landry and Winn. All the salt deposits are found in this formation. Above this comes the fe^^/«>-j, which under- lies the bluff lands; and on top of this is the fost-tertiary , of which the rich alluvial lands of the State are composed. The following is the description which Prof. Lockett, formerly of the Louisiana State University, has given of the formation of these bluff and alluvial lands • "It is likely," says he, "that a broad estuary or arm of the sea once *This tertn in geology is applied to all the most recent fprinMions, 254 HISTORY OF LOUISIANA. extended as far inland as the junction of the Ohio aud the Mississippi. Fine mud and silt, however, were washed into this estuary from the higher lands, and floating gently towards the sea, were deposited in a deep stratum, whose upper surface was a broad submerged plain. This stratum of silt completely filled up what we now call the Missis- sippi bottom, and the broad plain extended out to the hill-side slopes on the east and west to a distance of twenty miles from the limits of the present alluvial lands. But a great continental upheaval took place, and this plain was raised several hundred feet above its old- time level. The old Mississippi had then to wash out for itself a new channel to the sea, and having the easily dissolved silt to work upon, the mighty river swept much of its former bed into the gulf. In so doing it left those high bluffs on which Baton Rouge, Natchez, and Vicksburg now stand." Products. — South of 31 deg. north latitude the State is well adapted to the production of sugar, cotton, and rice; but north of that line the great staple is cotton. Indian corn, also, is grown in consider- able quantities. In the parishes of St. James and Natchitoches the light, sandy soil produces the famous strong tobacco called "perique." This tobacco derives its name from Senor Perique, a Spaniard, who first planted it many years ago. It is much sought after in Europe and America. In the southern part of the Stale, tropical fruits reach great perfection, especially oranges, bananas, and figs. The Louisi- ana oranges are superior in sweetness to those of Florida. Animals. — Deer, wild-cats, panthers, and bears are found in Louis- iana. The birds of the State, which are very numerous, have been made known to the world by the illustrious John James Audubon. Audubon was born on a Louisiana plantation in 1780. When he was young he showed his fondness for birds by keeping a num- ber of them as pets. When he gre w up he published the "Birds of Amer- ica," a work that contained life-sized drawings made by himself. It was sold by subscription at one thousand dol- lars a copy, and made Audubon fa- mous. He died in New York, and on the 26th of April, 1893, a beautiful ropnuj^^n^ to his memory was un- veiled in that city. JOHN JAMES AUDUBON. PHVSTCAL FEATURES, ETC. 255 Aflinerals. — One of the most important minerals in Louisiana is salt, '.vhich is found in various parts of the State, but chiefly, as we have seen, on Avery's Island. From this island the exports in one day frequently amount to 400 tons. Near Lake Charles there is a large deposit of sulphur and gypsum. The othermineral products of Louis- iana are not important. The Lands of Louisiana. — According to Prof. Lockett, there are eight kinds of land in the State; good uplands, pine hills, bluff lands, pine flats, prairies, alluvial lands, wooded swamps, and coast marsh. Thus we see that Louisiana has a very diversified surface. Besides the rich plantations and the broad prairies for cattle raising, there are immense forests containing oak, cypress, pine, and many other valu- able kinds of trees. According to the report of the Hon. T. W. Poole, Commissioner of Immigration, from which we draw many of the following details, the good uplands embrace chiefly the parishes of Sabine, De Soto, Caddo, Bossier, Red River, Bienville, Webster, Lincoln, Jackson, Union, and portions of Morehouse and Ouachita. These, which are the northwestern parishes of the State, were set- tled principally by worthy people from Georgia, Alabama, and other Atlantic States. They have adopted various professions ; but most of them are industrious and successful farmers, who have raised this portion of the State to a high degree of prosperity. Instead of large plantations, such as exist in Southern Louisiana, we find here a num- ber of small farms, with numerous towns and villages. The pine hills embrace chiefiy the following parishes: Vernon, Grant, Winn, Catahoula, Rapides, St. Helena, Tangipahoa, Wash- ington, and St. Tammany. The timber in these parishes is extremely valuable. In the bluff lands are included parts of the following parishes: West Carroll, Richland, Franklin, Livingston, East and West Feli- ciana, and East Baton Rouge. The pine flats are found in the west- ern portion of Calcasieu parish. They form an area of poor lands, generally covered with water. The prairie lands are found in St. Landry, Lafayette, Acadia, St. Martin, Iberia, Vermillion, and St. Mary. " These seven parishes," says Coi. Hillyard, " contain more than 3,000,000 acres of tillable land, most of it of inexhaustible fertility. Even most of the sea- marsh, and all of the swamp lands, may be reclaimed by local levees and draining machines, and may become the most productive rice and sugar lan4eo| thf St^te, On thoHSftnds of acres the grass grows oil 266 HISTORY OF LOUISIANA. a smooth surface under the waving branches of noble trees. The fat herds grazing upon these green prairies help in giving the finishing touch to this magnificent landscape scenery." Five of these parishes, St. Mary, Iberia, Vermillion, St. Martin, and Lafayette, once formed the Attakapas region, and. they are still called the "Attakapas par- ishes." Through this beautiful region runs the lovely Teche, which has been described in the "Evangeline" of Longfellow. For it was the Teche that the heroine of this poem ascended, seeking in vain for her husband Gabriel, from whom she had been separated in her native country. The following is Longfellow's description of the Attakapas region : " Beautiful is the land with its prairies and forest and fruit trees; Under the feet a garden of flowers, and the bluest of heavens Bending above, and resting its dome on the walls of the forest. They who dwell there have named it the ' Eden of Louisiana.' " In this "Eden of Louisiana " still reside the descendants of the Acadian exiles. Until they began the cultivation of rice their man- ner of life had changed very little since they settled the country about the middle of the eighteenth century. They are industrious, prosperous, and many of them rich. When the day's work is done they delight to assemble and spend the evening in dancing and merry- making. They still weave the wonderful Attakapas cloth, so well known in Louisiana. Some of the most distinguished men in the State are descended from Acadian ancestors. In St. Mary parish it is said that there is not an acre of poor land. The chief product is sugar, and the quantity produced is so great that St. Mary has won for herself the title of the " banner parish" of the State. Alluvial Lands. — These lands are so-called from alluvium, which means "earth, sand, and gravel, transported by rivers, floods, and other causes, and deposited upon land not permanently submerged beneath the waters of lakes or seas." The alluvial lands constitute the plantations along the banks of all the streams in Louisiana. They are exceedingly rich, and form an area of about 12,300 square miles. Wooded Swamps and Coast Marsh. — The last divisions of which we have to speak are the wooded swamps and coast marsh. These swamps, which were formerly very extensive, are now being redeemed by drainage. Many of them, when they are properly drained, and the trees are felled, will be classed as alluvial lands. The coast marsh PHYSICAL FEATURBS, ETC. 257 Is valuable for game and for pasturage. A large quantity of it Is owned by the State, and may be purchased for less than one dollar an acre. The South-Eastern Parishes. — It has been impossible within our limits to give an account of all the parishes in the State; though the history of many of them is extremely interesting. A few words, how- ever, may be added in regard to St. Bernard, Plaquemines, and Orleans.' The first two produce large quantities of sugar, rice, and vegetables. They contain also the most important orange groves in the State. There is no more beautiful sight in Louisiana than the acres of orange trees along the banks of the Mississippi, from New Orleans to Ft. Jackson. These lands are extremely valuable. A one hundred acre grove, says Commissioner Poole, produced in 1890, a crop of oranges that sold for $12,000. Of late years Cameron, in Southwest ern Louisiana, has also become a great orange-raising parish. The whole of the parish of Orleans is included within the limits of the city of New Orleans, so the city may be said to have an area of about 187 square miles, a larger area than that of any other city in the Union * New Orleans is now a magnificent city, and is in- creasing every year in manufactures, in population, and in wealth. It has taken its position as one of the great commercial centres of the world. QUESTIONS. What is the area of Louisiana? Increase of population from 1810 to 1890? How many parishes are there? Chief cities and their pop- ulation. Three great rivers. How many bayous? Give the main geological features of Louisiana. Tell about the formation of the " Mississippi bottom " and the origin of bluff lands. What are the chief products of Louisiana? Its minerals? What animals are found? Who was Audubon? Tell about Louisiana uplands. Pine hills. Bluff lands. Pine flats. Prairie lands. Tell about the Teche and the Attak- apas region. What are the alluvial lands? Wooded swamps? Coast marsh? Where are the orange groves of Louisiana? What is the area of New Orleans? * The actual area of the city is estimated at 37 square miles. LIST OF STATE OFFICERS, 1894. Governor, Murphy J. Foster, of St. Mary. Ijeutenattt-Governor , Charles Parlance,* of Pointe Coupee. Secretary of State, T. S. Adams. Treasurer, W. W. Heard. Auditor, ]oiis Pickett, ^/i;'y-Ge«e''«^, M. J. Cunningham. Superintetidejtt of Education, A. 1). Lafargue, *No\v United States District Judge. JUDICIARY. Supreme Court — Chief Justice, F. T. NicHOLLs; Associate Justices, S. D. McEnery, Henry C. Miller, L. B. Watkins, and Jos. A. Breaux. LEGISLATURE. The number of Senators is 37. The number of Representatives is 98. The list of names can not be given here. STATE BOARD OF EDUCATION, This Board consists of the Governor, the Attorney-General, and the Superintendent of Education, who are all ex-ojicio members, and of the following citizens, appointed by the Governor, one from each Congressional district: Alcee Fortier, of New Orleans; Max Heller, of New Orleans; Thomas Overton, of Marksville; William Clegg, of Lafayette; F. Seip, of Alexandria, and Franklin Garrett, of Monroe. CONSTITUTION OF LOUISIANA. ADOPTED JULY .13, 1879. iVit/i the Amcfidmefiis dovjn to iSg^ inserted in their proper places. PREAMBLE. We, the people of the State of Louisiana, in order to establish justice, insure domestic tranquillity, promote the general welfare and secure the blessings of liberty to ourselves and our posterity, acknowledging and invoking the guidance of Almighty God, the au- thor of all good government, do ordain and establish this constitution. BILL OF RIGHTS. Article i. All government of right originates with the people, is founded on their will alone, and is instituted solely for the good of the whole, deriving its just powers from the consent of the governed. Its only legitimate end is to protect the citizen in the enjoyment of life, liberty and property. When it assumes other functions it is usurpation and oppression. Art. 2. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue except uponprob- able cause, supported by oath or affirmation, and particularly describ- ing the place to be searched and the persons or things to be seized. Art. 3. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be abridged. This shall not p event the passage of laws to punish those who carry weapons concealed. D. sec. 915, 2309. Art. 4. No law shall be passed respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceablj to assemble and pe'ition the government for a redress of grievances. Art. 5. There shall be neither slavery nor involuntary servitude in this State otherwise than for the punishment of crime, whereof the party shall have been duly convicted. Prosecutions shall be by in- dictment or information; provided, that no person shall be held to answer for a capital crime unless on a presentment or indictment by a grand jury, except in cases arising in^ the militia when in active service in time of war or public danger; nor shall any person be twice put in jeopardy of life or liberty for the same offence, except on his own application for a new trial, or where there is a mistrial, or a motion in arrest of judgment is sustained. D. 977. Art. 6. No person shall be compelled to give evidence against himself in a criminal case or in any proceeding that may subject 262 HISTOKY OF LOUISIANA. him to criminal prosecution, except where otherwise provided in this constitution; nor be deprived of life, liberty or property without due process of law. Art. 7-. In all criminal prosecutions the accused shall enjoy the right to a speedy public trial by an impartial jury, except that, in cases where the penalty is not necessarily imprisonment at hard labor or death the general assembly may provide for the trial thereof by a jury less than twelve in number; provided, that the accused in every instance shall be tried in the parish wherein the offence shall have been committed, except in ca es of change of venue. Acts iSSo, p. 3Si No. 35, sec. 4; D. sec. 1021, 1031. Art 8. In all criminal prosecutions the accused shall enjoy the right to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory pro- cess for obtaining witnesses in his favor, and to defend himself and to have the assistance of counsel, and to have the right to challenge jurors peremptorily, the number of challenges to be fixed by statute. D. sec. 992. Art g. Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and unusual punishments inflicted. All persons shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident or the presumption great, or unless after conviction for any crime or offence punishable with death or im- prisonment at hard labor. D. sec. loio, ion. Art. 10. The privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it. C. P., art. 791. Art. n. All courts shall be open, and every person for injury done him in his rights, lands, goods, person or reputation, shall have ade- quate remedy by due process of law and justice, administered without denial or unreasonable delay. Art. 12. The military shall be in subordination to the civil power. Art. 13. This enumeration of rights shall not be construed to deny or impair other rights of the people not herein expressed. DISTRIBUTION OF POWERS. Art. 14. The powers of the government of the State of Louisiana shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to-wit: Those which are legislative to one, those which are executive to another, and those which are judicial to another. Art. 15. No one of these departments, nor any person or collection of persons holding office in one of them, shall exercise power prop- erly belonging to either of the others, except in the instances herein- after expressly directed or permitted. LEGISLATIVE DEPARTMENT. Appo rtion Ttient, Art 16. Representation in the house of representatives shall be equal and uniform, and shall be regulated and ascertained by the CONSTITUTION. 263 total population. Each parish shall have at least one representative. The first enumeration to be made by the State authorities under this constitution shall be made in the year eighteen hundred and ninety; and subsequent enumerations shall be made every tenth year there- after, in such manner as shall be prescribed by law, for the purpose of ascertaining the total population and the number of qualified elec- tors in each parish and election district. At its first regular session after each enumeration the general assembly shall apportion the rep- resentation among the several parishes and election districts on the basis of the total population as aforesaid. A representative number shall De fixed; and each parish and election district shall have as many representatives as the aggrc?gate number of its population will entitile it to, and an additional representative for any fraction exceed- ing one-half the representative number. The number of representa- tives shall not be more than ninety-eight nor less than seventy. Art. 17. The general assembly, in every year in which they shall apportion representation in the house of representatives, shall divide the State into senatorial districts. No parish shall be divided in the formation of a senatorial district — the parish of Orleans excepted. Wnenever a new parish shall be created it shall be attached to the senatorial district from which most of its territory was taken, or to another contiguous district, at the discretion of the general assembly, but shall not bi attached to more than one district. The number of senators shall not be more than thirty-six nor less than twenty-four, and they shall be apportioned among the senatorial districts accord- ing to ttie total population contained in the several districts. Art. 18. Until an enumeration shall be made in accordance with articles sixteen and seventeen the State shall be divided into the fol lowing senatorial districts, with the number of senators hereinafter designated to each district: The first senatori^il district shall be composed of the eighth and ninth wards of Orleans, and of the parishes of St. Bernard and Plaque- mines, and shall elect two senators. The second district shall be composed of the fourth, fifth, sixth and seventh wards of Orleans and shall elect two senators. The third district shall be composed of the third ward of Orleans, and shall elect one senator. The fourth district shall be composed of the second and fifteenth wards (Orleans right bank) of Orleans, and shall elect one senator. The fifth district shall be composed of the first and tenth wards of Orleans, and shall elect one senator. The sixth district shall be composed of the eleventh, twelfth, thir- teenth, fourteenth, sixteenth and seventeenth wards of Orleans, and shall elect two senators. The seventh district shall be composed of the parishes of Jefferson, St. Charles and St. John the Baptist, and shall elect one senator. The eighth district shall be composed of the parishes of St, James and Ascension, and shall elect one senator. The ninth district shall be composed of the parishes of Terrebonne, Lafourche and Assumption, and shall elect two senators. The tenth district shall be composed of the parishes of St. Mary, Vermillion, Cameron and Calcasieu, and shall elect two senators. 264 HISTORY OF LOUISIANA. The eleventh district shall be composed of the parishes of St. Mar- tin, Iberia and Lafayette, and shall elect one senator. The twelfth district shall be composed of the parish of St. Landry, and shall elect two senators. The thirteenth district shall be composed of the parishes of Avoyelles and Pointe Coupee, and shall elect one senator. The fourteenth district shall be composed of the. parishes of Iber- ville and West Baton Rouge, and shall elect one senator. The fifteenth district shall be composed of the parishes of East and West Feliciana, and shall elect one senator. The sixteenth district shall be composed of the parish of East Baton Rouge, and shall elect one senator. The seventeenth district shall be composed of the parishes of St. Helena, Livingston, Tangipahoa, Washington and St. Tammany, and shall elect one senator. The eighteenth district shall be composed of the parishes ot Rapides and Vernon, and shall elect one senator. The nineteenth district shall be composed of the parishes of Natchitoches, Sabine, DeSoto and Red River, and shall elect two senators The twentieth district shall be composed of the parish of Caddo, and shall elect one senator. The twenty-first district shall be composed of the parishes of Bossier, Webster, Bienville and Claiborne, and shall elect two sen- ators The twenty-second district shall be composed of the parishes of Union, Morehouse, Lincoln and West Carroll, and shall elect two senatois. The twenty-third district shall be composed of the parishes of Ouachita, Richland, Caldwell, Franklin and Jackson, and shall elect two senators. The twenty-fourth district shall be composed of the parishes of Catahoula, Winn and Grant, and shall elect one senator. The twenty-fifth district shall be composed of the parishes of East Carroll and Madison, and shall elect one senator. The twenty-sixth district shall be composed of the parishes of Tensas and Concordia, and shall elect one senator. Thirty-six senators in all. And the representatives shall be apportioned among the parishes and representative districts as follows: For the parish of Orleans: First representative district, first ward, one representative. Second representative district, second ward, two representatives. Third representative district, third ward, three representatives. Fourth representative district, fourth ward, one representative. Fifth representative district, fifth ward, two representatives. Sixth representative district, sixth ward, one representative. Seventh representative district, seventh ward, two representatives. Eighth representative district, eighth ward, one representative. Ninth representative district, ninth ward, two representatives. Tenth representative district, tenth ward, two representatives. Eleventh representative district, eleventh ward, two representatives. Twelfth representative district, twelfth ward, one representative. CONSTITUTION. 266 Thirteenth representative district, thirteenth and 'ourteenth wards, one representative. Fourteenth representative district, sixteenth and seventeenth wards, one representative. Fifteentli representative district, fifteenth ward, one representative. The parishes of Ascension, West Baton Bouge, Bienville, Bossier, Calcasieu, Caldwell, Cameron, East Carroll, West Carroll, Cata- houla, Concordia, West Feliciana, Franklin, Grant, Iberia, Jackson, Jefferson, Lafaje te, Lincoln, Livingston, Morehouse, Ouachita, Plaquemines, Pointe Couple, Red River, Richland, Sabine, St. Ber- nard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Martin, St. Tammany, Tangipahoa, Union, Vermillion, Vernon, Washington, Webster and Winn, each one representative. The parishes of Assumption, Avoyelles, East Baton Rouge, Caddo, Claiborne, DeSoto, East Feliciana, Iberville, Lafourche, Madison, Natchitoches, Rapides, St. Mary, Tensas and Terrebonne, each two representatives. The parish of St. Landry four representatives. This apportionment of senators and representatives shall not be changed or altered in any manner until after the enumeration shall have been taken by the State in eighteen hundred and ninety, in ac- cordance with the provisions of articles sixteen and seventeen. GENERAL ASSEMBLY. Art. ig. The legislative power of the State shall be vested in a gen- eral assembly, which shall consist of a senate and house of represent- atives. Art. 20. The style of the laws of this State shall be, Be it enacted by the general assembly of the State of Louisiana. Art. 21, The general assembly shall meet at the seat of govern- ment on the second Monday of May, eighteen hundred and eighty- two, at twelve o'clock noon, and biennially thereafter. Its first ses- sion under this constitution may extend to a period of ninety days, but any subsequent session shall be limited to a period of sixty days. Should a vacancy occur in either house the governor shall order an election to fill such vacancy for the remainder of the term. Art. 22. Every elector under this constitution shall be eligible to a seat in the house of representatives, and every elector who has reached the age of twenty-five years shall be eligible to the senate; provided, that no person shall be eligible to the general assembly unless at the time of his election he has been a citizen of the State for five years, and an actual resident of the district or parish from which he may be elected for two years immediately preceding his election. The seat of any member who may change his residence from the district orparish which he represents shall thereby be vacated, any declara- tion of a retention of domicile to the contrary notwithstanding; and members of the general assembly shall be elected for a term of four years. Art. 23. Each house shall judge of the qualifications, election and returns of its own members, choose its own officers, except president of the senate, determine the rules of its proceedings, and may punish 266 HISTORY OF LOUISIANA. its members for disorderly conduct and contempt, and, with the con- currence of two-thirds of all its members elected, expel a member. Art, 24. Either house, during the session, may punish by im- prisonment any person not a member who shall have been guilty of disrespect by disorderly or coniemptuous behavior, but such impris- onment shall not exceed ten days for each offence. Art, 25. No senator or representative shall, during the term for which he was elected, nor for one year thereafter, be appointed or elected to any civil office of profit under this State which may have been created or the emoluments of which may have been increased by the general assembly during the time such senator or representative was a meinber thereof. Art. 26- The members of the general assembly shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place. D. sec. 1538. Art. 27. The members of the general assembly shall receive a com- pensation not to exceed four dollars per day during their attendance, and their actual traveling expenses going to and returning from the seat of government; but in no instance shall more than thirty dollars each way be allowed for traveling expenses, D. sec. 1532, 1535. Art. 28. Each house shall keep a journal of its proceedings and cause the same to be published immediately after the close of the session. When practicable the minutes of each day's session shall be printed and placed in the hands of members on the day following. The original journal shall be preserved after publication in the office of th- secretary of State, but there shall be required no other record thereof. Art. 29. Every law enacted by the general assembly shall embrace but one object, and that shall be expressed in the title. Art. 30. No law shall be revived or amended by reference to its title, but in such cases the act revived or section as amended shall be re-enacted and published at length. Art. 31. The general assembly shall never adopt any system or code of laws by general reference to such system or code of laws, but in all cases shall recite at length the several provisions of the laws it may enact. Art. 32. Not less than a majority of the members of each house of the general assembly shall form a quorum to transact business; but a smaller number may adjourn from day to day, and shall have power to compel the attendance of absent members. Art. 33. Neither house during the session of the general assembly shall, without the consent of the other, adjourn for more than three days nor to any other place than that in which it may be sitting. Art. 34. The yeas and nays on any question in either house shall, at the desire of one-fifth of the members elected, be entered on the journal. Art. 35. All bills for raising revenue or appropriating'money shall originate in the house of representatives, but the senate may propose or concur in amendments as in other bills. CONSTITUTION. 267 Art. 36. No bill, ordinance or resolution, inteniled to have the effect of a law, which shall have been rejected by either house, shall be again proposed in the same house dunng the same session, under the same or aiy other title, without the consent of a majority ot the house by which the same was rejected. Art. 37. Every bill shall be read on thne different days in each house, and no bill shall be considered for final passage unless it has been read once in full, and the same has been reported on by acommit- tee; nor shall any bill become a law unless, on its final passage, the vote be taken by yeas and nays, the names of the members voting for or against the same be entered on the journal, and a majority of the members elected to each house be recorded thereon as voting in its favor. Art. 38. No amendment to bills by one house shall be concurred in by the other, except by a vote of a majority of the members elected thereto, taken by yeas and nays, and the names of those voting for or against recorded upon the journal thereof. And reports of com- mittees of conference shall be adopted in either house only by a ma- jority of the members elected thereto, the vote to be taken hy yeas and nays, and the names of those voting for or against recorded upon the journal. Art. 39. Whenever a bill that has been passed by both houses is enrolled and placed in possession of the house in which it originated the title shall be read, and, at the request of any five members, the bill shall be read in full, when the speaker of the house of representa- tives or the president of the senate, as the case may be, shall act at once, sign it in open house, a d the fact of signing shall be noted on the journal; thereupon the clerk or secretary shall immediately con- vey the bill to the other house, whose presiding officer shall cause a suspension of all other business to read and sign the bill in open ses- sion and without delay. As soon as bills are signed by the speaker of the house and president of the senate they shall be taken at once and on the same day to the governor by the clerk of the house or secretary of the senate. Art. 40. No law passed by the general assembly, except the general appropriation act, or act appropriating money for the expenses of the general assembly, shall take effect until promulgated. A law shall be considered promulgated at the place where the State journal is pub- ished the day after the publication of such law in the State journal, and in all other pans of the State twenty days after such publication. Art. 41. The clerical oflScers of the two houses shall be a secre- tary of the senate and clerk of the house of representatives, with such assistants as may be necessary; but the expenses for clerks and em- ployes shall not exceed sixty dollars daily for the senate nor seventy dollars daily for the house. Art. 42. All stationery, printing, paper and fuel used in the legis- lative and other departments of government shall be furnished, and the printing, binding and distributing of the laws, journal and depart- ment reports, and all other printing and binding, and the repair- ing and furnishing the halls and r'>oms used for the meetings of the general assembly and its committees, shall be done under contract, to be given to the lowest responsible bidder, below such maximum price 268 HISTORY OF LOUISIANA. and under such regulations as shall be prescribed by law; provided, that such contracts shall be awarded only to citizens of the State. No member or officer of any of the departments of the government shall be in any way interested in such contracts; and all such contracts shall be subject to the approval of the governor, the president of the senate and speaker of the house of representatives, or of any two of them. D. sec. 2986, 3005. LIMITATION OF LEGISLATIVE POWERS. Art. 43. No money shall be drawn from the treasury except in pursuance of specific appropriation made by law; nor shall any ap- propriation of money be made for a longer term than two years. A regular statement and account of receipts and expenditures of all pub- lic moneys shall be published every three months, in such manner as shall be prescrib.-d by law. Art, 44. The general assembly shall have no power to contract or to authorize the contracting of any debt or liability, on behalf of the State, or to issue bonds or other evidence of indebtedness thereof, except for the purpose of repelling invasion or for the suppression of insurrection. Art. 45, The general assembly shall have no power to grant or to authorize any parish or municipal authority to grant any extra compen- sation, fee or allowance to a public officer, agent, servant or contrac- tor, nor pay nor authorize the payment of any claim against the State, or any parish or municipality of the State, under any agreement or contract made without express authority of law; and all such unau- thorized agreements or contracts shall be null and void. D. sec. 2448. 2743- Art. 46. The general assembly shall not pass any local or special law on the following specified objects: For the opening and conducting of elections, or fixing or changing the place of voting. Changing the names of persons. Changing the venue in civil or criminal cases. Authorizing the laying out, opening, closing, altering or maintain- ing roads, highways, streets or alleys, or relating to ferries and bridges, or incorporating bridge or ferry companies, > xcept for the erection of bridges crossing streams which form boundaries between this and any other State. Authorizing the adoption or legitimation of children or the emanci- pation of minors. Granting divorces. Changing the law of descent or succession. Affecting the estates of minors or persons under disabilities. Remitting fines, penalties and forfeitures, or refunding moneys legally paid into the treasury. Authorizing the constructing of street passenger railroads in any incorporated town or city. Regulating labor, trade, manufacturing or agriculture. Creating corporations, or amending, renewing, extending or explaining the charter thereof; provided, that this shall not apply to CONSTITUTION. 269 the corporation of the city of New Orleans, or to the organization of levee districts and parishes. Granting to any corporation, association or individual, any special or exclusive right, privilege or immunity. Extending the time for the assessment or collection of taxes, or fiir the relief of any assessor or collector of taxes, from the due perform- ance of his official duties, or of his securities from liability; nor shall any such be passed by any political corporation of this State. Regulating the practice or jurisdiction of any court, or changing the rules of evidence in any judicial proceeding or inquiry before courts, or providing or changing methods for the collection of debts, or the enforcement of judgments, or prescribing the effects of judicial sales. Exemption of property from taxation. Fixmg the rate of interest. Concerning any civil or criminal actions. Giving effect to informal or invalid wills or deeds, or to any illegal disposition of property. Regulating the management of public schools, the building or repairing of schoolhouses, and the raising of money for such pur- poses. Legalizing the unauthorized or invalid acts of any officer, servant or agent of the State, or of any parish or municipality thereof. Art. 47. The general ass-mbly shall not indirectly enact special or local laws by the partial repeal of a general law, but laws repealing local or special laws may be passed. Art. 48. No local or special law shall be passed on any subject not enumerated in article forty-six of this constitution, unless notice of the intention to apply therefor shall have been published, without cost to the State, in the locality where the matter or thing to be affected may be situated, which notice shall state the substance of the con- templated law, and shall be published at least thirty days prior to the introduction into the general assembly of such bill, and in the same manner provided by law for the advertisement of judicial sales. The evidence of such notice having been published shall be exhibited in the general assembly before such act shall be passed, and every such act shall contain a recital that such notice has been given. Art. 49. No law shall be passed fixing the price of manual labor. Art 50. Any member of the general assembly who has a personal or private interest in any measure or bill proposed or pending before the general assembly shall disclose the fact to the house of which he is a member, and shall not vote thereon. Art. 51. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and no preference shall ever be given to, nor any discrimina- tion made against any church, sect or creed of religion, or any form of religious faith or worship; nor shall any appropriations be made for private, charitable or benevolent purposes to any person or com- munity; /j-owj'rfeii, this shall not apply to the State asylums for the insane and deaf, dumb and blind, and the charity hospitals and public charitable institutions conducted under State authority. 270 HISTORY OF I.OUISIANA. Art. 52. The general assembly shall have no power to increase the expenses of any ofBce by appointing assistant officials. Art. 53. The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the government, interest on the public debt, public schools and public charities, and such bill shall be so itemized as to show for what account each and every ap- propriation shall be made. All other appropriations shall be made by separate bills, each embracing but one object. Art. 54. Each appropriation shall be for a specific purpose, and no appropriation shall be made under the head or title of contingent; nor shall any officer or department of government receive any amount from the treasury for contingencies or for a contingent fund. Art. 55. No appropriation of money shall be made by the general assembly in the last iive days of the session thereof. All appropria- tions, to be valid, shall be passed and receive the signatures of the president of the senate and speaker of the house of representatives five full days before the adjournment sine die of the general assembly. Art. 56. The funds, credit, propertyor things of value of the State, or of any political corporation thereof, shall not be loaned, pledged or granted to or for any person or persons, association or corpora- tion, public or private; nor shall the State or any political corpora- tion purchase or subscribe to the capital or stock of any corporation or association whatever, or for any private enterprise; nor shall the State nor any political corporation thereof assume the liabilities of any political, municipal, parochial, private or other corporation or association whatsoever; nor shall the State undertake to carry on the business of any such corporation or association, or become a part owner therein; provided, the State, through the general assembly, shall have power to grant the right of way through its public lands to any railroad or canal. D. sec. 711, 724. Art. 57. The general assembly shall have no power to release or ex- tinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any corporation or individual to this State, or to any parish or municipal corporation therein ; provided, the heirs to confiscated property may be released of all taxes due thereon at the date of its reversion to them. EXECUTIVR department. Art. 58. The executive department shall consist of a governor, lieu- tenant-governor, auditor, treasurer and secretary of State. Art. 59. The supreme executive power of the State shall be vested in a chief magistrate, who shall be styled the governor of Louisiana. He shall hold his office during four years and, together with the lieu- tenant-governor, chosen for the same term, shall be elected as follows: The qualified electors for representatives shall vote for a governor and lieutenant-governor at the time and place of voting for represen- tatives. The returns of every election for governor and lieutenant- governor shall be sealed up separately from the returns of election of other officers, and be transmitted by the proper officer of every parisd to the secretary of State, who shall deliver them, unopened, to the general assembly then next to be holden. The members of the gen- CONSTITUTION. 271 eral assembly shall meet on the first Thursday after the day on which they assemble, in the house of representatives, to examine and count the votes. The person having the greatest number of votes for gov- ernor shall be declared duly elected; but in case two or more persons shall he equal and highest in the number of votes polled for governor, one of them shall be immediately chosen governor by the joint vote of the members of the general assembly. The person having the greatest number of votes for lieutenant-governor shall be lieutenant- governor; but if two or more persons shall be equal and highest in number of votes polled for lieutenant-governor, one of them shall be immediately chosen lieutenant-governor by joint vote of the members of the general assembly. Art. 6o. No person shall be eligible to the office of governor or lieutenant-governor who shall not have attained the age of thirty years, been ten years a citizen of the United States, and a resident of the State for the same space of time next preceding his election, or who shall be a member of congress, or shall hold office under the United States at the time of or within six months immediately pre- ceding the election for such office. Art. 6i. The governor shall enter on the discharge of his duties the first Monday next ensuing the announcement by the general assembly of the result of the election for governor; and shall con- tinue in office until the Monday next succeeding the day that his successor shall have been declared duly elected and shall have taken the oath or affirmation required by this constitution. Art. 62. In case of the impeachment of the governor, his removal from office, death, refusal or inability to qualify, disability, resigna- tion or absence from the State, the powers and duties of the office shall devolve upon the lieutenant-governor for the residue of the term, or until the governor, absent or impeached, shall return or be acquitted or the disability be removed. In the event of the death, or from whatever cause the office of lieutenant-governor shall become vacant, then, and in that event, the president pro tern, of the senate shall fill the office of lieutenant-g ivernor, performing all the duties incident to the office and receiving its emoluments. Art. 63. The lieutenant-governor or officer discharging the duties of governor shall, during his administration, receive the same compen- sation to which the governor would have been entitled had he con- tinued in office. Art. 64. The lieutenant-governor shall by virtue of his office, be president of the senate, but shall have only a casting vote therein. The senate shall elect one of its members as president pro tempore of the senate. Art. 65. The lieutenant-governor shall receive for his services a salary which shall be double that of a member ot the general assembly, and no more. Art. 65. The governor shall have power to grant reprieves for all offences against the State; and, except in cases of impeachment or ■ treason, shall, upon the recommendation in writing of the lieutenant- governor, attorney-general and presiding judge of the court before which conviction was had, or of any two of them, have power to grant pardons, commute sentences and remit fines and forfeitures after 272 HISTORY OF LOUISIANA. conviction. In cases of treason he may grant reprieves until the end of the next session of the general assembly, in which body the power of pardoning is vested, Art. 67. The governor shall receive a salary of four thousand dollars per annum, payable monthly on his own warrant. Art. 68. He shall nominate and, by and with the advice and con- sent of the senate, appoint all officers whose offices are established by this constitution, and whose appointments or elections are not herein otherwise provided for; provided, however, that the general assembly shall have the right to prescribe the mode of appointment or election to all offices created by it. Art. 69. The governor shall have the power to fill vacancies that may happen during the recess of the senate, in cases not otherwise provided for in this constitution, by granting commissions, which shall expire at the end of the next session; but no person who has been nominated for office and rejected shall be appointed to the same office during the recess of the senate. The failure of the governor to send into the senate the name of any person appointed for office, as herein provided, shall be equivalent to a rejection. D. sec. 2606. Art. 70. He may require information in writing from the officers in the executive department upon any subject relating to the duties of their respective offices. He shall be commander-in-chief of the militia of the State, except when they shall be called into the actual service of the United States. Art. 71. He shall from time to time give to the general assembly information respecting the situation of the State, and recommend to its consideration such measures as he may deem expedient. Art. 72. He shall take care that the laws be faithfully executed, and he may, on extraordinary occasions, convene the general assem- bly at the seat of government, or, if that should have become dan- gerous from an enemy or from an epidemic, at a different place. The power to legislate shall be limited to the objects enumerated specifi- cally in the proclamation convening such extraordinary session. Therein the governor shall also limit the time such session may con- tinue; provided, it shall not exceed twenty days. Any legislative ac- tion had after the time so limited, or as to other objects than those enumerated in said proclamation, shall be null and void. Art. 73. Every bill which shall have passed both houses shall be presented to the governor. If he approve, he shall sign it; if not, he shall return it, with his objections, to the house in which it originated, which house shall enter the objections at large upon the journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the members elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by whicii likewise it shall be reconsidered, and if passed by two-thirds of the members elected to that house it shall be a law; but in such cases the votes of both houses shall be taken by yeas and nays, and the names of the members voting for and against the bill shall be entered on ■ the journaPof each house respectively. If any bill shall not be re- turned by the governor within five days after it shall have been pre- sented to him, the same shall be a law in like manner as if he had CONSTITUTION. 273 signed it, unless the general assembly, by adjournment, shall prevent its return, in which case it shall not be a law. Art. 74- The governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing dis- tinct items; and the part or parts of the bill approved shall be law, and the item or items of appropriation disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the executive veto. Art. 75. Every order, resolution or vote to which the concurrence of both houses may be necessary, except on a question of adjourn- ment or on matters of parliamentary proceedings, or an address for the removal from office, shall be presented to the governor, and before it shall take effect be approved by him, or, being disap- proved, shall be repassed by two-thirds of the members elected to each house. Art. 76. The treasurer, auditor, attorney-general and secretary of State shall be elected by the qualified electors of the State for the term of four years; and in case of vacancy caused by death, resig- nation or permanent absence of either of said officers, the governor shall fill such vacancy by appointment, with the advice and consent of the senate; provided, however, that notwithstanding such appoint- ment, such vacancy shall be filled by election at the next election after the occurrence of the vacancy. Art. 77. The auditor of public accounts shall receive a salary of two thousand five hundred dollars per annum; the treasurer shall re- ceive a salary of two thousand dollars per annum, and the secretary of State shall receive a salary of one thousand eight hundred dollars per annum. Each of the before named officers shall be paid monthly, and no fees or perquisites or other compensation shall be allowed to said officers; provided, that the secretary of State may be allowed fees as may be provided by law for copies and certificates furnished to private persons. Art. 78. Appropriations for the clerical expenses of the officers named in the preceding article shall specify each item of such appro- priations; and shall not exceed in any one year, for the treasurer, the sum of two thousand dollars; tor the secretary of State, the sum of one thousand five hundred dollars, and for the auditor of public accounts, the sum of four thousand dollars. Art. 79. All commissions shall be in the name and by the author- ity of the State of Louisiana, and shall be sealed with the State seal, signed by the governor and countersigned by the secretary of State. JUDICIARY DEPARTMENT. Art. 80. The judicial power shall be vested in a supreme court, in courts of appeal, in district courts and in justices of the peace. Art. 81. The supreme court, except in cases hereinafter provided, shall have appellate jurisdiction only, which jurisdiction shall ex- tend to all cases when the matter in dispute or the fund to be distrib- uted, whatever may be the amount therein claimed, shall exceed two thousand dollars, exclusive of interest; to suits for divorce and sep- aration from bed and board ; to suits for nullity of marriage ; to suits 274 HISTORY OF LOUISIANA. involving the rights to homesteads; to suits for interdiction,* and to all cases in which the constitutionality or legality of any tax, toll or impost whatever, or of any fine, forfeiture or penalty imposed by municipal corporation, shall be in contestation, what- ever may be the amount thereof; and in such cases the appeal on the law and facts shall be directly from the court in which the case originated to the supreme court; and to criminal cases on ques- tions of law alone, whenever the punishment of death or imprison- ment at hard labor may be inflicted, or a fine exceeding three hundred dollars is actually imposed. D. sec. 1913. Art. 82. The supreme court shall be composed of one 1 hiet-jus- tice and four associate justices, a majority of whom shall constitute a quorum. The chief-justice and associate justices shall each re- ceive a salary of five thousand dollars per annum, payable monthly on their own warrants. They shall be appointed by the governor, by and with the advice and consent of the senate. The first supreme court to be organized under this constitution shall be appointed as follows: The chief-justice for the term of twelve years ; one associate justice for the term of ten years; one for the term of eight years; one for the term of six years; one for the term of four years; and the governor shall designate in the commission of each the tfrm for which such judge is appointed. In case of death, resignation or removal from office of any of said judges the vacancy shall be filled by appoint- ment for the unexpired term of said judge; and upon expiration of the term of any of said judges the office shall be filled by appoint- ment for a term of twelve years. They shall be citizens of the United States and of the State, over thirty-five years of age, learned in the law, and shall have practised law in this State ten years preceding their appointment. Art. 83. The State shall be divided into four supreme court dis- tricts, and the supreme court shall always be composed of judges ap- pointed from said districts. The parishes of Orleans, St. John the Baptist, St. Charles, St. Bernard, Plaquemines and Jefferson shall compose the first district, from which two judges shall be appointed. The parishes of Caddo, Bosier, Webster, Bienville, Claiborne, Union, Lincoln, Jackson, Caldwell, Ouachita, Morehouse, Richland, Frank- lin, West Carroll, East Carroll, Madison, Tensas and Catahoula shall compose the second district, from which one judge shall be appoint- ed. The parishes of De Soto, Red River, Winn, Grant, Natchi- toches, Sabinp, Vernon, Calcasieu, Cameron, Rapides, Avoyelles, Concordia, Pointe Coupee, West Baton Rouge, Iberville, St. Landry, Lafayette and Vermillion shall compose the third district, from which one judge shall be appointed. And the parishes of St. Martin, Iberia, St. Mary, Terrebonne, Lafourche, Assumption, St. James, Ascension, East Baton Rouge, East Feliciana, West Feliciana, St. Helena, Livingston, Tangipahoa, St. Tammany and Washington shall compose the fourth district, from which one judge shall be ap- pointed. Art. 84. The supreme court shall hold its sessions in the city of New Orleans from the first Monday in the month of November to the *As Amended in i88a. CONSTITUTION. 276 end ot the month of May in each and every year. The general assem- bly shall have power to fix the sessions elsewhere during the rest of the year. Until otherwise provided the sessions shall be held as here- tofore. They shall appoint their own clerks and remove them at pleasure. D. 1894. Art. 85. No judgment shall be rendered by the supreme court without the concurrence of three judges. Whenever three members can not concur, in consequence of the recusation of any member or members of the court, the judges not recused shall have authority to call upon any judge or judges of the district courts, whose duty it shall be, when so called upon, to sit in the place of the judge or judges recused, and to aid in the determination of the case. Art. 86. All judges, by virtue of their office, shall be conservators of the peace throughout the State. The style of all process shall be "the State of Louisiana.' All prosecutions shall be carried on in the name and by the authority of the State of Louisiana, and con- clude, " against the peace and dignity of the same." Art. 87. The judges of all courts, whenever practicable, shall re- fer to the law by virtue of which every definitive judgment is ren- dered; but in all cases they shall adduce the reasons on which their judgment is founded. Art. 88. There shall be a reporter of the decisions of the supreme court, who shall report in full all cases which he may be required to report by law or by the court. He shall publish in the reports the title, numbers and head notes of all cases decided, whether reported in full or not. In all cases reported in full he shall make a brief statement of the principal points presented and authorities cited by counsel. He shall be appointed by a majority of the court, and hold his office and be removable at their pleasure. His salary shall be fixed by the court, and shall not exceed fifteen hundred dollars per annum, payable monthly on his own warrant. D. sec. 3221, 3229. Art. 89. The supreme court and each of the judges thereof shall have power to issue writs of habeas corpus at the instance of all per- sons in actual custody, in cases where it may have appellate jurisdic- tion. C. P., art. 792. Art. 90. The supreme court shall have control and general super- vision over all inferior courts. They shall have power to issue writs oicertiorari, prohibition, mandamus, quo luarranto and other remedial writs. Art. 91. The general assembly shall provide for appeals from the district courts to the supreme court upon questions of law alone, when the party or parties aggrieved desire only a review of the law. Art. 92. Except as herein provided no duties or functions shall ever be attached by law to the supreme court, courts of appeal or district courts, or the several judges thereof, but such as are judicial; and the said judges are prohibited from receiving any fees of office or other compensation than their salaries for any official duties performed by them. No judicial powers, except as committing magistrates in crim- inal cases, shall be conferred on any officers other than those men- tioned in this title, except such as may be necessary in towns and cities; and the judicial powers of such officers shall not extend further 276 HISTORY OF LOUISIANA. than the cognizance of cases arising under the police regulations of towns and cities in the State. Art. 93. The judges of all courts shall be liable to impeachment for crimes and misdemeanors. For any reasonable cause the governor shall remove any of them on the address of two-thirds of the mem- bers elected to each house of the general assembly. In every case the cause or causes for which such removal may be required shall be stated at length in the address, and inserted in the journal of each house. ATTORNEY-GENERAL. Art. 94. There shall be an attorney-general for the State, who shall be elected by the qualified electors of the State at large every four years. He shall be learned in the law, and shall have actually resided and practised law as a licensed attorney in the State five years next preceding his election. He shall receive a salary of three thousand dollars per annum, payable monthly on his own warrant. COURTS OF APPEAL. Art. 95.* The courts of appeal, except in cases hereinafter pro- vided, shall have appellate jurisdiction only, which jurisdiction shall extend to all cases, civil or probate, when the matter in dispute or the funds to be distributed shall exceed one hundred dollars, exclusive of interest, and shall not exceed two thousand dollars, exclusive of inter- est. Art. 96. The courts of appeal shall be composed of two circuit judges, who shall be elected by the two houses of the general assem- bly in joint session. The first judges of the courts of appeal under this constitution shall be elected for the following terms: One judge for each court for the term of four years and one judge for the term of eight years. They shall be learned in the law, and shall have resided and practised law in this State for six years, and shall have been actual residents of the circuit from which they shall be elected for at least two years next preceding their election. Art. 97. The State, with the exception of the parish of Orleans, shall be divided into five circuits, from eachot which two judges shall be elected. Until otherwise provided by law the parishes of Caddo, Bossier, Webster, Bienville, DeSoto, Red Uiver, Claiborne, Union, Lincoln, Natchitoches, Sabine, Jackson, Winn and Caldwell shall compose the first circuit. The parishes of Ouachita, Richland, Morehouse, West Carroll, Catahoula, Franklin, Madison, East Carroll, Concordia and Tensas shall compose the second circuit The parishes of Rapides, Grant, Avoyelles, St. Landry, Vernon, Calcasieu, Cameron, Lafayette, Vermillion, St. Martin and Iberia shall compose the third circuit. The parishes of East Baton Rouge, West Baton Rouge, Iberville, East Feliciana, St. Helena, Tangipahoa, Livingston, St. Tammany, ♦ As amended in 1S82. CONSTITUTION. 27! Washington, Pointe Coupee and West Feliciana shall ciimnose the fourth circuit. And the parishes of St. Mary, Terrebonne. Ascension, Lafourche, Assumption, Plaquemines, St. Be^ard, Jefferson, St. Charles, St. John the Baptist and St. James shall compose the fifth circuit. Art. 98. The judges of the courts of appeal, until otherwise pro- vided by law, shall hold two terras annually in each parish composing their respective circuits. Art. 99. Until otherwise provided by law the terms of the circuit courts of appeal shall be as follows : First Circuit. Caddo — First Mondays in January and June. Bossier — Third Mondays in January and June. Webster — First Mondays in February and July. Bienville — Second Mondays in February and July. Claiborne — Thiad Mondays in February and July. Union — First Mondays in March and October Lincoln — Second Mondays in March and October. Jackson — Third Mondays in March and October. Caldwell — Fourth Mondays in March and October. Winn — First Mondays in April and November. Natchitoches — Second Mondays in April and November. Sabine — Fourth Mondays in April and November. De Soto — First Mondays in May and December. Red River — Third Mondays in May and December. Second Circuit, Ouachita — First Mondays in January and June. Richland — Fourth Mondays in January and June. Franklin — First Mondays in February and July. Catahoula - Second Mondays in February and July. Concordia — Fourth Mondays in February and July. Tensas — Second Mondays in March and October. Madison — Fourth Mondays in March and October. East Carroll — Second Mondays in April and November. West Carroll — Fourth Mondays in April and November, Morehouse — First Mondays in May and December. Third Circuit. St. Landry — First Mondays in January and June. Avoyelles — Fourth Mondays in January and June. Rapides — Second Mondays in February and July. Grant — Fourth Mondays in February and July. Vernon — First Mondays in March and October. Calcasieu — Second Mondays in March and October. Cameron — Fourth Mondays in March and October. Vermillion — First Mondays in April and November. Lafayette — Second Mondays in April and November. 278 HISTORY OF LOUISIANA. Iberia — Fourth Mondays in April and November. St. Martin — Second Mondays in May and December. Fourth Circuit. East Baton Rouge — First Mondays in January and June. West Baton Rouge — Fourth Mondays in January and June. Livingston — First Mondays in February and July. Tangipahoa — Second Mondays in February and July. .St. Tammany — Fourth Mondays in February and July. Washington — First Mondays in March and October. St. Helena — Second Mondays in March and October. East Feliciana — Fourth Mondays in March and October. West Feliciana — Second Mondays in April and November. Pointe Coupee— Fourth Mondays in April and November. Iberville — Second Mondays in May and December. Fifth Circuit. St. Mary — First Mondays in January and June. Terrebonne — Third Mondays in January and June. Assumption — First Mondays in February and July. Lafourche — Third Mondays in February and July. St. Charles — First Mondays in March and October. Jefferson —Second Mondays in March and October. St. Bernard — Fourth Mondays in March and October. Plaquemines — First Mondays in April and November. St. John the Baptist — Second Mondays in April and November. St. James — Third Mondays in April and November. Ascension — Second Mondays in May and December. Art. 100. Whenever the first day of tha term shall fall on a legal holiday the court shall begin its sessions on the first legal day there- after. Art. ioi.* Whenever the judges composing the courts of appeal shall concur their judgment shall be final. Whenever there shall be a disagreement the two judges shall appoint a lawyer having the qualifications for a judge of the court of appeals of their circuit, who shall aid in the determination of the case; a judgment concurred in by any two of them shall be final. Art. I02. All causes on appeal to the courts of appeal shall be tried on the original record, pleadings and evidence in \he district court. Art. 103. The rules of practice regulating appeals to and proceed- ings in the supreme court shall apply to appeals and proceedings in the courts of appeal, so far as they may be applicable, until otherwise provided by law. Art. 104. The judges of the courts of appeal shall have power to issue writs of habeas corpus at the instance of all persons in actual custody, within their respective circuitsi They shall also have authority to issue writs of mandamus, prohibition and certiorari, in aid of their appellate jurisdiction. * As amended in 1S82. CONSTITUTION. 279 Art. 105. The judges of the courts ot appeal shall each receive a salay of four thousand dollars per annum, payably monthly on their respective warrants. The general assembly shall provide by law for the trial of recused cases in the courts of appeal. D. sec. 3 190-3195. Art. 106. The sheriff of the parish in which the sessions of the court are held shall attend in person o.r by deputy to execute the orders of the court. ^ District Court. Art. 107. The State shall be divided into not less than twenty nor more than thirty judicial districts, the parish of Orleans excepted. D. sec. 1927. Art. 108. Until otherwise provided by law there shall be twenty- six districts. The parish of Caddo shall compose the first district. The parishes of Bossier, Webster and Bienville shall compose the second district. The parishes of Claiborne, Union and Lincoln shall compose the third district. The parishes of Jackson, Winn and Caldwell shall compose the fourth district. The parishes of Ouachita and Richland shall compose the fifth district. The parishes of Morehouse and West Carroll shall compose the sixth district. The parishes of Catahoula and Franklin shall compose the seventh district. The parishes of Madison and East Carroll shall compose the eighth district. The parishes of Concordia and Tensas shall compose the ninth dis- trict. The parishes of DeSoto and Red River shall compose the tenth district. The parishes of Natchitoches and Sabine shall compose the eleventh district. The parishes of Rapides, Grant and Avoyelles shall compose the twelfth district. The parish of St. Landry shall compose the thirteenth district. The parishes of Vernon, Calcasieu and Cameron shall compose the fourteenth district. The parishes of Pointe Coupee and West Feliciana shall compose the fifteenth district. The parishes of East Feliciana and St. Helena shall compose the sixteenth district. The parish of East Baton Rouge shall compose the seventeenth district. The parishes of Tangipahoa, Livingston, St. Tammany and Wash- ington shall compose the eighteenth district. The parishes of St. Mary and Terrebonne shall compose the nine- teenth district. 280 ttlSfORY OS- LOUISIANA. The parishes of Lafourche and Assumption shall compose the twentieth district. The parishes of St. Martin and Iberia shall compose the twetity- first district. The parishes of Ascension and St. James shall compose the twenty- second district. The parishes of West Baton Rouge and Iberville shall compose the twenty-third district. The parishes of Plaquemines and St. Bernard shall compose the twenty-fourth district. The parishes of Lafayette and Vermillion shall compose the twenty-fifth district And the parishes of Jefferson, St. Charles and St. John the Baptist shall compose the twenty- sixth district. Art. 109. District courts shall have original jurisdiction in all civil matters where the amount in dispute shall exceed fifty dollars, exclu- sive of interest. They shall have unlimited original jurisdiction in all criminal, probate and succession matters, and when a succession is a party defendant. The district judges shall be elected by a plurality of the qualified voters of iheir respective districts in which they shall have been actual residents for two years nfxt preceding their election. They shall be learned in the law, and shall have practised law in the State for five years previous to their election. They shall be elected for the term of four years. All elections to fill vacancies occa-ioned by death, resignation or removal shall be for the unexpired term, and the governor shall fill the vacancy until an election can be held. The judges of the district courts shall each receive a salary of three thou- sand dollars per annum, payable monthly on their respective warrants. D. sec. 1930. Art. no. The general assembly shall have power to increase the number of district judges in any district whenever the public business may require. Art. in. The district courts shall have jurisdiction of appeals from justices of the peace in all matters where the amount in contro- versy shall exceed ten dollars, exclusive of interest. D. sec. 2047. Art. 112. The general assembly shall provide by law for the trial of recused cases In the district courts by the selection of licensed at- torney ai-laws, by an interchange of judges or otherwise. D. 3190 3I9S' Art. 113. Wherever in this constitution the qualification of any justice or judge shall be the previous practice of the law for a term of years, there shall be included in such term the time such justice or judge shall have occupied the bench of any court of record in this State; provided, he shall have been a licensed attorney for five years before his election or appointment. Art. 114. No judge of any court of the State shall be affected in his term of office, salary or jurisdiction as to territory or amount during the term or prriod for which he was elected or appointed. Any legislation so affecting any judge or court shall take effect only at the end of the term of oifice of the judges, i, cumbents of the court or courts to which such legislation ihay apply at the time of its enact- CONSTITUTION. 281 merit. This article shall not affect the provisions of this constitution relative to impeachment or removal from office. Art. 115. The district judges shall have power to issue writs of habeas corpus at the instance of all persons in actual custod}- in their respective districts. C. P., art. 791. Art. 116. The general assembly at its first session under this con- stitution shall provide by general law for the se'ection of competent and intelligent jurors, who shall hav- capacity to s^^rve as grand jurors and try and determine both civil and criminal cases, and may provide in civil cases that a verdict be rendered by the concurrence of a less number than the whole. C. P., art. 493; D. sec. 2125, 2154; Act 18S0, No. 54. Art. 117.* In those districts composed of one parish there shall not be less than six terms of the district court each year. In all other districts there shall be in each parish not less than four terms of the district court each year, except in the parishes of Cam- eron, Krankli 1 and Vernon, in which there shall not be less than two terms of the district court each year. Until provided by law the terms of the district court in each parish shall be fixed by a rule of said court, which shall not be changed without notice by publication at least thirty days prior to such change. There shall be in each parish not less than two jury terms each year, at which a grand jury shall be empaneled, except in the parishes of Cameron, Franklin and Vernon, in which there shall not be less than one jury term each year, at which a grand jury shall be empaneled. At other than jury terms the general as-embly shall provide lor .■■pecial juries when necessary for the trial of criminal casts. D. sec. 1928. SHERIFFS AND CORONERS. Art. 118. 'lucre shall be a sheriff and coroner elected by the qualiiied voters of each parish in the Stale, except the parish of Orleans, who shall be elected at the general election and hold office for four years. (D 652, 676, 353S, 3539, 3238.) The coroner shall act for and in place of the sheriff whenever the sheriff shall be party interested, and whenever there shall be a vacancy in the office of sheriff until such vacancy shall be filled ; but he shall not, during such vacancy, discharge the duties of tax collector. (C. P., art. 760; D. 676.) The sheriff, except in the parish of Orleans, shall be ex officio collector of State and parish taxes. He shall give separate bonds for the faithful performance of his duty in each capacity. Until other- wise provided th; bonds shall be given according to existing laws. The general assembly, after the adoption of this constitution, shall pass a general law regulating the amount, form, condition and mode of approval of such bonds, so as to fully secure the State and parish; and all parties in interest. Sheriffs elected at the first election under this constitution shall comply with the provisions of such law within thirty days after its promulgation, in default of which the office shall be declared vacant and the governor shall appoint for the remainder of the term. *Art, J17. y\s amended in 1SS6. 282 HISTORY OK LOUISIANA Art. J19. Sheriffs shall receive compensation from the parish for their services in criminal matters (the keeping of prisoners, convey- ing convicts to the penitentiary, insane persons to the insane asylum and service of process from another parish, and service of process or the performance of any duty beyond the limits of his own parish, excepted) not to exceed five hundred dollars per annum for each representative the parish may have in the house of representatives. (D. 3563, 3567.) The compensation of sheriffs as tax-collectors shall not exceed five per cent, on the amount collected and paid over; pro- vided., that he shall not be discharged as tax-collector until he makes proof that he has exhausted the legal remedies to collect the taxes. Art 120. The coroner in each parish shall be a doctor of medi- cine, regularly licensed to practise, and ex officio parish physician; provided, this article shall not apply to any parish in which there is no regularly licensed physician who will accept the office. D. 650. Art. 121. There shall be a clerk of the district court in each par- ish, the parish of Orleans excepted, who shall be ex officio clerk of the court of appeals. (D. 462, 484.) He shall be elected by the qualified electors of the parish every four years, and shall be ex officio parish recorder of conveyances, mortgages and other acts, and notary pub- lic. He shall receive no compensation for his services from the State or the parish in criminal matters. He shall give bond and security for the faithful performance of his duties, in such amount as shall be fixed by the general assembly. Art. 122. The general assembly shall have power to vest in clerks of courts authority to grant such orders, and to do such acts as may be deemed necessary for the furtherance of the administration of jus tice ; and in all cases powers thus vested shall be specified and deter- mined. Art. 123. Clerks of district courts may appoint, with the approval of the district judge, deputies, with such powers as shall be prescribed by law; and the general asseir.bly shall have the power to provide for continuing one or more of them in office, in the event of the death of the clerk, until his successor shall have been appointed and duly quali- fied. district attorneys. Art. 124. There shall be a district attorney for each judicial district in the State, who shall be elected by the qualified electors of the judi- cial district. He shall receive a salary of one thousand dollars per annum, payable monthly on his own warrant, and shall hold his office for four years. He shall be an actual resident of the district and a licensed attorney-at-law in this State (D. 1140). He shall also receive fees; but no fees shall be allowed in criminal cases except on convic- tion. Any vacancy in the office of district attorney shall be filled by appointment by the governor for the unexpired term. There shall be no parish attorney or district attorney fro tempore, (This article shall not apply to the parish of Orleans,) D. 1142, 1178, 1189. CONSTITUTION. 283 JUSTICES OF THE PEACE. Art. 135. In each parish, the parish of Orleans excepted, there shall be as many justices of the peace as may be provided by law (D. 2044, 2045). The present number of justices of the peace shall remain as now fixed until otherwise provided. They shall be elected for the term of four years by the qualified voters within the territorial limits of their jurisdiction. They shall have exclusive original jurisdiction in all civil matters when the amount in dispute shall not exceed fifty dollars, exclusive of interest, and original jurisdiction, concurrent with the district court, when the amount in dispute shall exceed fifty dollars, exclusive of interest, and shall not exceed one hundred dol- lars, exclusive of interest (D. 2047). They shall have no jurisdiction in succession or probate matters, or when a succession is a defendant. They shall receive such fees or salary as may be fixed by law. Art. 126. They shall have criminal jurisdiction as committing magistrates, and shall have power to bail or discharge in cases not capital or necessarily punishable at hard labor. D. 2058, 2059. CONSTABLES. Art. 127. There shall be a constable for the court of each justice of the peace in the several parishes of the State, the parish of Orleans excepted, who shall be elected for the term of four years by the qual- ified voters within the territorial limits of the jurisdiction of the sev- eral justices of the peace (D. 631). The compensation, salaries or fees of constables and the amount of their bonds shall be fixed by the general assembly. COURTS OF THE PARISH AND CITY OP NEW ORLEANS. Art. 128.* There shall be in the parish of Orleans a court of ap- peals for said parish, with exclusive appellate jurisdiction in all mat- ters, civil or probate, arising in said parish, when the amount in dispute or fund to be distributed exceeds one hundred dollars, interest excluded, and is less than two thousand dollars, exclusive of interest. Said court shall be presided over by two judges, who shall be elected by the general assembly in joint session. They shall be residents and voteisof the city of New Orleans, possessing all the qualifications necessary for judges of circuit courts of appeal throughout the Sta e, They shall each receive an annual salary of four thousand dollars, pay- able monthly upon their respective warrants. Said appeals shall be upon questions of law alone in all cases involving less than five hundred dollars, exclusive of interest, and upon the law and the facts in other cases. It shall sit in the city of New Orleans from the first Monday of November to the last Monday of June of each year. It shall have authority to issue writs of mandamus, prohibition, certiorari and kabras corpus in aid of its appellate jurisdiction. Art 129. The provisions of this constitution relating to the term of office, qualifications and salary of the judges of the circuit courts *As amended in 1882, 284 HISTORY OF LOUISIANA. of appeal throughout the State, and the manner of proceeding and determining causes, as applicable to such circuit courts of appeal, shall apply to this court and its judges, in so far as such provisions are not in conflict with the provisions specially relating to said court and its judges. Said court of appeals shall have jurisdiction of all causes now pending on appeal from the parish of Orleans before the supreme court of the State where the amount in dispute or fund to be distributed is less than one thousand dollars, exclusive of interest; and the supreme court shall at once transfer said causes to the court of appeals. Art. 130,* For the parish of Orleans there shall be two district courts and no more. One of said courts shall be known as the civil district court of the parish of Orleans, and the other as the criminal district court for the parish of Orleans. The former shall consist of not less than five judges and the latter of not less than two judges, having the qualifications prescribed for district judges throughout the State. The said judges shall be appointed by the governor, by and with the advice and consent of the senate, for the term of eight years. The first appointments shall be made as follows; Three judges of the civil district court for four years and two for eight years; one judge of the criminal district court for four years and one for eight years — the terms to be designated in their commissions. The said judges shall receive each four thousand dollars per annum. Said civil district court shall have exclusive and general probate and ex- clusive civil jurisdiction in all causes where the amount in dispute or to be distributed exceeds one hundred dollars, exclusive of interest, and exclusive appellate jurisdiction from the city courts of the parish of Orleans when the amount in dispute exceeds twenty-five dollars, exclusive of interest. All causes filed in said court shall be equally allotted and assigned among said judges in accordance with rules (if court to be adopted for that purpose. In case of recusation of any judge in any cause such cause shall be reassigned; or in case of ab- sence from the parish, sickness or other disability of the judge to whom any cause may have been assigned, any judge of said court may issue or grant conservatory writs or orders. In other respects each judge shall have exclusive control over every cause assigned to him from its inception to its final determination in said court. The criminal district court shall have criminal jurisdiction only, A.11 prosecutions instituted in said court shall be equally apportioned between said judges by lot. Each judge or his successor shall have exclusive control over every cause falling to him from its inception to final determination in said court. In case of vacancy or recusa- tion, causes assigned shall be reassigned under order of court. Art. 131. The general assembly may increase the number of judges of the civil district court, not, however, to exceed nine judges, and the number of the criminal judges not to exceed three. Art. 132. The court of appeals and the civil and criminal district courts for the parish of Orleans shall respectively regulate the order of preference and trial of causes pending, and adopt other rules to A§ amended in iSSz^ CONSTITUTION. 285 govern the proceed'ngs therein, not in conflict with the provisions of law. Art. 133 The civil district court for the parish of Orleans shall se- lect a solvent incorporated bank of the city of New Orleans as a judi- cial depository. Therein shall be deposited all moneys, notes, bonds and securities (except such notes or documents as may be filed with suits or in evidence, which shall be kept by the clerk of the court), so soon as the same shall come into the hands of any sheriff or clerk of court; such deposits shall be removable in whole or in part only upon order of court. The officer making such deposits shall make immediate and written return to the court of the date and particulars thereof, to be filed in the cause in which the matter is pending, under penalties to be prescribed by law. Act 18S0, No. 33. Art. 134. There shall be a district attorney for the parish of Or- leans, who shall possess the same qualifications and be elected in the same manner and for the same period of time as the district attorneys for other parishes, as provided by this constitution. (D. 1140). He shall receive a salary of one thousand dollars per annum and such fees as may be allowed by law; but no fee shall be allowed in crimi- nal ca«es except on conviction. (D. 1145, 1146.) He may appoint an assistant at a salary not to exceed fifteen hundred dollars per annum. Art, 135.* There shall be in the city of New Orleans tour city courts, one of which shall be located in that portion of the city on the right bank of the Mississippi river, presided over by judges hav- ing all the qualifications required for a district judge, and shall be elected by the qualified voters for the term of four years. They shall have exclusive jurisdiction over all sums not exceeding one hundred dollars, exclusive of interest, subject to an appeal to the civil district court when the amount claimed exceeds twenty-five dollars, exclusive of interest. The general assembly shall regulate the salaries, territorial division of jurisdiction, the manner of executing their process, the fee bill and proceedings which shall govern thera. They shall have authority to execute commissions, take testimony and receive there- for such fees as may be allowed by law. (D. 2070- 2101 ; Act 1880, No. 4S> 67.) The general assembly may increase the number of city courts for said parish not to exceed eight in all. Until otherwise pro- vided by law each of the said courts shall have one clerk, to be elected for the term of four years by the qualified voters of the parish, who shall receive a salary of twelve hundred dollars per annum and no more, and whose qualifications, bond and duties shall be regulated by law. Art. 136. The general assembly may provide for police or magis- trates' courts; but such courts shall not be vested with jurisdiction beyond the enforcement of municipal ordinances or as committing magistrates. Ar-1. 137. There shall be one clerk for the civil district court and one for the criminal district court of the parish of Orleans. The former shall be ex officio clerk of the court of appeals of said parish. Said clerk shall be removable in the manner provided for the removal of the sheriffs of said parish. The clerk of said civil district court *As amended in i88a. 286 HISTORY OF LOUISIANA. shall receive an annual salary of three thousand six hundred dollars and no more; and the clerk of the criminal court an annual salary of three thousand dollars and no more; both payable quarterly on their warrants. They shall be elected by the qualified voters of the parish for a term of four years. (D. 507.) The amount and character of the bonds, and qualification of the sureties to be furnished by said clerks shall be prescribed by law. D. 462. Art. 138. The court of appeals and each judge of the civil and criminal district courts of the parish of Orleans shall appoint a min- ute clerk, at an annual salary of not more than eighteen hundred dollars, whose duties shall be regulated by law. Each clerk of court shall appoint, by and with the consent of the district court of which he is clerk, such deputies as may be necessary to perform efficiently the duties of said office, at salaries to be fixed by law. He shall be responsible for said deputies, and may require from each such security as he may deem sufficient to secure himself; and said deputies shall be removable at his pleasure. Art. 139. There shall be a civil and a criminal sheriff for the parish of Orleans. The civil sheriff shall be the executive officer of all the civil courts, except city courts, and the criminal sheriff shall be the execu- tive officer of the criminal district court. (D. 3537 et seq.') They shall attend the sittings, and execute the writs and mandates of their respective courts. They shall be elected by the voters of the parish of Orleans every four years. They shall be citizens of the State, "■esidents and voters of the city of New Orleans, at least twenty-five years of age, and shall be removable, each by the district court of which he is the executive officer, upon proof after trial, without jury, of gross or continued neglect, incompetency, or unlawful conduct, operating injury to the court or any individual. The two district courts for the parish of Orleans shall immediately, upon organization under this constitution, in joint session, adopt rules governing the lodging of complaints against and trial of such officers; and such rules, once adopted, shall not be changed, except by the unanimous consent of all the judges composing the said courts. D. 3537. Art. 140, The civil sheriff of the parish of Orleans shall receive such fees as the general assembly may fix. He shall render monthly accounts, giving amounts and dates, number and title of causes, wherein received or paid out, of all sums collected and disbursed by him, which shall be filed in the civil district court of said parish and form a part of its public records. He shall be responsible to the State for all profits of said office over ten thousand dollars per annum, and shall settle with the State at least once a year in such manner as the general assembly may provide. The criminal sheriff shall receive an annual salary of thirty six hundred dollars and no more. He shall receive no other compensation. He shall charge and collect for the State, from parties convicted, such fees and charges as may be fixed by law and shall render monthly accounts of the same. Art. 141. Said sheriffs shoU appoint, each with the consent and approval of the district court which he serves, such a number of deputies as the said court may find necessary for the proper expedi- tion of the public business, at such salaries as may be fixed by law. Each sheriff shall be responsible for his deputies^ may remove them CONSTITUTION. 287 at pleasure and fill vat .ncies with the approval of the court, and may exact from all deputies security in such manner and amount as such sheriff may deem necessary-. D. 3542. Art. 142. The civil sheriff for the said parish shall execute a bond, with sureties, residents of said parish, conditioned for the law- ful and faithful performance of the duties of his office, in the sum of fifty thousand dollars. The sureties shall be examined in open court by the judges of the civil district court for the parish of Orleans, and the questions and answers shall be reduced to writing, and form a portion of the records of said court. (D. 3538.) A similar bond shall be executed by the criminal sheriff of said parish in the sum of ten thousand dollars, with sureties to be examined and approved as to solvency by the criminal district court ot said parish, as herein directed for the civil district court of said parish in the case of the civil sheriff. Art. 143. There shall be one constable for each city court of the parish of Orleans, who shall be the executive officer of such court. He shall be elected by the qualified voters of the parish of Orleans for the term of four years. The general assembly shall define his quali- fications and fix his compens-ation and duiies, and shall assimilate the same so far as practicable to the provisions of this constitution relat- ing to the civil sheriff of said parish. The judges of the city courts shall sit in banc to examine such bonds, try and remove constables, and adopt rules regulating such trial and removal. They shall in such proceedings be governed so far as practicable by the provisions of this constitution regulating the proceedings of the district courts of the parish of Orleans in the case of the sheriffs of said parish. D,. 642. Art. 144. There shall be a register of conveyances and a recorder of mortgages for the parish of Orleans, who shall be elected by the qualified voters of said parish every four years. The register of con- veyances shall receive an annual salary of twenty-five hundred dollars and no more, an.l said recorder of mortgages an annual salary of four thousand dollars and no more. The general assembly shall regulate the qualifications and duties of said officers, and the number of em- ployes they shall appoint and fix the salaries of such employes, not to exceed eighteen hundred dollars for each. D. 3152, 3171. Art. 145. The general assembly, at its first session after the adop- tion of this constitution shall enact a fee bill for the clerks of the various courts, including the city courts sitting in New Orleans, and for the civil and criminal sheriffs, constables, register of conveyances and recorder of mortgages of said parish. In ihe same act provision shall be made for a system of stamps or stamped paper for the collec- tion by the State, not by said officers, of such fees and charges, so far as clerks of courts, register of conveyances and recorder of mortgages are concerned. D. 778, 3163, 3172. Art. 146.* All fees and charges fixed by law for the various courts of the parish of Orleans, and for the register of convey- ances and recorder of mortgages ot said parish shall enure to the State; and all sums realized therefrom shall be set aside and held * As amended in 1882, 288 HISTORY OF LOUISIANA. as a special fund, out of which shall be paid by preference the ex- penses of the clerk of the civil district court, the clerk of the city courts, the registrar of conveyances, and the recorder of mortgages of the parish of Orleans; provided, that the State shall never make any payment to any sheriff, clerk, register of conveyances or recorder of mortgages of the parish of Orleans, or any of their depu- ties, for salary or other expenses of their respective offices, except from the special fund provided for by this article; and any appropria- tion made contrary to this provision shall be null and void. Art. 147. There shall be one coroner for ihe parish of Orleans, who shall be elected every four years by the qualified electors of said parish, and whose duties shall be regulated by law. He shall be ex officio city physician of the city of New Orleans, and receive an annual salary of five thousand dollars, and no more. He shall be a practising physician of said city, and a graduate of the medical department of some university of respectable standing. He may appoint an assistant, having the same qualifications as himself, at an annual salary not exceeding three thousand dollars. The salaries of both coroner and assistant to be paid by the parish of Orleans. (D. 649, 674). The maintenance and support of prisoners confined in the parish of Orleans, upon charges or conviction for criminal offences, shall be under the control of the city of New Orleans. GENERAL PROVISIONS. Art. 148. No person shall hold any office, State, parochial or mu- nicipal, or shall be permitted to vote at any election or act as a juror, who, in due course of law, shall have been convicted of treason, perjury, forgery, bribery or other crime punishable by imprisonment in the penitentiary, or who shall be under interdiction. Art. 149. Members of the general assembly and all officers, before they enter upon the duties of their offices^ shall take the following oath or affirmation: "I, A B, do solemnly swear (or affirm) that I will support the constitution and laws of the United States, and the constitution and laws of tl.is S'ate; and that I will faithfully and impartially discharge and perform all the duties incumbent on me as -, according to the best of my ability and understanding. So help me God." D. sec. 2550, 2558. Art. 150. The seat of government shall be and remain at the city of Baton Rouge. The general assembly, at its first session after the adoption of this constitution, shall make the necessary appropria- tions for the repair of the statehouse and for the transfer of the arch- ives of the State to Baton Rouge; and the city council of Baton Rouge is hereby authorized to issue certificates of indebtedness in such manner and form as to cover the subscription of thirty-five thousand dollars tendered by the citizens and the city council of said city to aid in repairing the capitol in said city; provided, the city of Baton Rouge shall pay into the State treasury said amount of thirty-five thousand dollars before the contract for the repairs of the statehouse be finally closed. Art. 151. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and com- CONSTITUTION. 289 fort. No person shall be convicted of treason except on the testi- mony of two witnesses to the same overt act, or on his confession in open court. D. 85 1;. Art. 152. All civil officers shall be removable hy an address of two-thirds of the members elected to each house of the general assembly, except those whose removal is otherwise provided for by this constitution. Art. 153. No member of congress nor person holding or exercis- ing any oiBce of trust or profit under the United States, or either of them, or under any foreign power, shall be eligible as a member of the general assembly, or hold or exercise any office ot trust or profit under the State. Art. 154. The laws, public records and the judicial and legislative written proceedings of the State shall be promulgated, preserved and conducted in the English language; but the general assembly may provide for the publication of the laws in the ITrench language, and prescribe that judicial advertisements in certain designated cities and parishes shall also be made in that language. D. 1522, 2166; Act 1880, No. 3$, p. 37. Art. 155. No ex post facto law, nor any law impairing the obliga- tion of contracts, shall be passed, nor vested rights be divested, unless for purposes of public utility and for adequate compensation previously made. Art. 156. Private property shall not be taken nor damaged for public purposes without just and adequate compensation being first paid. D. 1479, 1493. Art. 157. No power of suspending the laws of this State shall be exercised unless by the general assembly or its authority. Art. 158. The general assembly shall provide by law for change of venue in civil and criminal cases. D. 3891, 3910. Art. 159. No person shall hold or exercise at the same time more than one office of t.ust or profit, except that of justice of the peace or notary public. Art. 160. The general assembly may determine the mode of filling vacancies in all offices for which provision is not made in this consti- tution. D. 2606. Art. 161. All officers shall continue to discharge the duties of their offices until their successors shall have been inducted into office, except in case of impeachment or suspension. D. 2608. Art. 162. The military shall be in subordination to the civil power, and no soldier shall, in time of peace, be quartered in any hou!-e without the consent of the owner. Art. 163. The general assembly shall make it obligatory upon each parish to support all infirm, sick and disabled paupers residing withi 1 its limits; provided, that in every municipal corporation in a parisli where the power of the police jury do notextend the said corporal io' shall support its own infirm, sick'ar.d disabled paupers. D. 2743 et seg. Art. 164. No soldier, sailor or marine in the military or naval ser ■ vice of the United States shall hereafter acquire a domicile in this State by reason of being stationed or doing duty in the same. Art. 165. It shall be the duty of the general assembly to pass such 290 HISTORY OF LOUISIANA. laws as may be proper and necessary to decide differences by arbitra tion. Art. i66. The power of courts to punish for contempt shall be lim- ited by law. D. 124. Art. 167. The general assembly shall have authority to grant lot- tery charters or privileges; provided, each charter or privilege shall pay not less than forty thousand dollars per annum in money into the treasury of the State; provided further, that all charters shall cease and expire on the first of January, eighteen hundred and ninety-five, from which time all lotteries are prohibited in the State. The forty thousand dollars per annum now provided by law to be paid by the Louisiana State lottery company, according to the provisions of its charter, granted in the year eighteen hundred and sixty -eight, shall belong to the charity hospital of New Orleans, and the charter of said company is recognized as a contract binding on the State for the period therein specified, except its monopoly clause, which is hereby abrogated; and all laws contrary to the provisions of this article are hereby declared null and void; provided, said company shall file a written renunciation of all its monopoly features in the office of the secretary of State within sixty days after the ratification of this con- stitution. Of the additional sums raised by licenses on lotteries the hospital at Shreveport shall receive ten thousand dollars annually, and the remaining sura shall be divided each year among the several par- ishes in the State for the benefit of their schools. Art. 168. In all proceedings or indictments for libel the truth thereof may be given in evidence. The jury in all criminal cases shall be judges of the law and of the facts on the question of guilt or inno- cence, having been charged as to the law applicable to the Case by the presiding judge. 0,3641. Art. 169. No officer whose salary is fixed by the constitution shall be allowed any fees or perquisites of office, except where otherwise provided for by this constitution. D. 138. Art. 170. The regulation of the sale of alcoholic or spirituous liquors is declared a police regulation, and the general assembly may enact laws regulating their sale and use. D. 1211, 1216. Art. 171. No person who, at any time, may have been a collector of taxes, whether State, parish or municipal, or who may have been otherwise entrusted with public money or any portion thereof, shall be eligible to the general assembly 01 to any office of honor, profit or trust under the State government, or any parish or municipality thereof, until he shall have obtained a discharge for the amount of such collections and for all public moneys with which he may have been entrusted. Art. 172. Gambling is declared to be a vice, and the general assembly shall enact laws for its suppression. D. 911, 913. Art. 173. Any person who sha.ll directly or indirectly offer or give any sum or sums of money, bribe, present, reward, promise or any other thing to any officer. State, parochial or municipal, or to any member or officer of the general assembly, with the intent to induce or influence such officer or memberof the general assembly to appoint any person to office, to vote or exercise any power in him vested, or to perform any duty of him required CONSTITUTION. 291 with partiality or favor, the person giving or offering to give, and the officer or member of the general assembly so receiving, any money, bribe, present, reward, promise, contract, obligation or security, with the intent or for the purpose or consideration aforesaid, shall be guilty of bribery, and on being found guilty thereof by any court of competent jurisdiction, or by either house of the general assembly of which he may be a member or officer, shall be forever disqualified from holding any office. State, parochial or municipal, and shall be forever ineligible to a seat in the general assembly; provided, that this shall not be so construed as to prevent the general assenibly from enacting additional penalties. D. 860, 861, 3962. Art. 174. Any person may be compelled to testify in any lawful proceeding against any one who may be charged with having com- mitted the offence of bribery, and shall not be permitted to withhold his testimony upon the ground that it may criminate him or subject him to public infamy; but such testimony shall not afterwards be used against him in any judicial proceedings, except for perjury in giving such testimony. D. 860, 861. Art. 175. The general assembly shall, at its first session, pass laws to protect laborers on buildings, streets, roads, railroads, canals and other similar works against th£ failure of contractors and sub-con- tractors to pay their current wages when due and to make the cor- poraton, company or individual for whose benefit the work is done responsible for their ultimate payment. Art. 176. No mortgage or privilege on immovable property shall affect third persons unless recorded or registered in the parish where the property is situated, in the manner and within the time as is now or may be prescribed hy law, except privileges for expenses of last illness and privileges for taxes, State, parish or municipal; provided, such privilege shall lapse in three years. D. 2877, 2888, 3093, 3188, 3189. Art. 177. Privileges on movable property shall exist without regis- tration for the same, except in such cases as the general assembly may prescribe by law after the adoption of this constitution. Art. 178. The general assembly shall provide for the interest of State medicine in all its departments, for the protection of the people from unqualified practitioners of medicine; for protecting confiden- tial communications made to medical men by their patients while un- der professional treatment and for the purpose of such treatment; for the establishment and maintenance of a State Board of Health. D. 3034. Art. 179. The general assembly shall create a bureau of agricul- ture, define its objects, designate its ofiicers and fix their salaries, at such time as the financial condition of the State may warrant them, in their judgment, in making such expenditures; provided, that such expenditures never exceed ten thousand dollars per annum. Act 1880, No. 56. THE NEW CANAL AND SHELL ROAD. Art. 180.* The new basiii canal and shell road and their appurte- nances shall not be leased nor alienated. "^As amended in 1SS6. HISTORY OF LOUISIANA. Art. i8i. The general assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed and equipped, and of whom it shall consist. D. 2309, 2315. Art. 182. The officers and men of the militia and volunteer forces shall receive no pay, rations or emoluments when not in active ser- vice by authority of the State. Art 183. The general assembly may exempt from military services those who belong to religious societies whose tenets forbid them to bear arms; provided, a money equivalent for these services shall be exacted. The governor shall have power to call the militia into active service for the preservation of law and order, or when the public service may require it; provided, that the police force of any city, town or parish shall not be organized or used as a part of the State militia. SUFFRAGE AND ELECTION Art. 184. In all elections by the people the electors shall vote by ballot; and in all electior s by persons in a representative capacity the vote shall be viva voce. D, 1379- 1435. Art. 185. Every male citizen of the United States, and every male person of foreign birth who has been naturalized or who may have legally declared his intention to become a citizen of the United States before he offers to vote, who is twenty-one years old or upwards, possessing the following qualifications, shall be an elector and shall be entitled to vote at any election by the people, except as hereinafter provided: i. He shall be an actual resident of the State at least one year next preceding the election at which he offers to vote. 2. He shall be an actual resident of the parish in which he offers to vote at least six months next preceding the election. 3. He shall be an actual resident of the ward or precinct in which he offers to vote at least thirty days next preceding the election. Art. 186. The general assembly shall provide by law for the proper enforcement of the provisions of the foregoing article; provided, that in the parish of Orleans there shall be a supervisor of registra- tion, who shall be appointed by the governor, by and with the advice and consent of the senate, whose term of office shall be'for the period of four years, and whose salary, qualifications and duties shall be prescribed by law. And the general assembly may provide for the registration of voters in other parishes. Art. 187. The following persons shall not be |)ermitted to register, vote or hold any office or appointment of honor, profit or trust in this State, to-wit: those who shall have been convicted ot treason, embez- zlement of public funds, malfeasance in office, larceny, bribery, illegal voting or other crime punishable by hard labor or imprisonment in the penitentiary, idiots and insane persons. Art. 188. No qualification ot any kind for suffrage or office, nor any restraint upon the same, on account ot race, color or previous condition shall be made by law. CONSTITUTION. 293 Art. 189. Electors shall, in all cases except for treason, felony or breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same. Art. 190. The general assembly shall Try law forbid the giving or selling of^intoxicating drinks, on the day of election, within one mile of precincts, at any election held within this State. Art. 191 Until otherwise provided by law the general State election shall be held once every four years on the Tuesday next following the third Monday in April. Presidential electors and members of con- gress shall be chosen or elected in the manner and the time prescribed by law. Art. 192- Parochial and the municipal elections in the cities of New Orleans and Shreveport shall be held on the same day as the gen- eral State election, and not oftener than once in four years. Art. 193. For the purpose of voting no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his absence, while employed in the service, either civil or military, of this State or of the United States; nor while engaged in the navi- gation of the waters of the State or the United States, or of the high seas, nor while a student of any institution of learning Art. 194, The general assembly shall provide by law for the trial and determination of contested elections of all public officers, whether State, judicial, parochial or municipal. D. 1417- i43S' Art. 195. No person shall be eligible to any office, State, judicial, parochial, municipal or ward, who' is not a citizen of this State and a duly qualified elector of the State, judicial district, parish, munici- pality or ward wherein the functions of said office are to be exercised. And whenever any officer, State, judicial, parochial, municipal or ward, may change his residence from this State, or from the district, parish, municipality or ward in which he holds such office, the same shall thereby be vacated, any declaration of retention of domicile to the contrary notwithstanding. impeachment and removals from office. Art. 196. The governor, lieutenant-governor, secretary of State, auditor, treasurer, attorney-general, superintendent of public educa- tion and the judges of all the courts of record in this State, shall be liable to impeachment for high crimes and misdemeanors, for non- feasance or malfeasance in office, for incompetency, for corruption, favoritism, extortion or oppression in olBce, or for gross misconduct or habitual drunkenness. D. 1738, 1745. Art. 197. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried by the senate; when sitting for that purpose the senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two- thirds of the senators present. When the governor of the State is on trial the chief-justice or senior associate justice of the supreme court shall preside. Judgment in cases of impeachment shall extend only to removal from office and disqualification from holding any office of honor, trust or profit under the State ; but the party, whether con- 294 HISTORY OF LOUISIANA. victed or acquitted, shall nevertheless be liable to prosecution, trial and punishment according to law. Art. 198. All officers against whom articles of impeachment may be preferred shall be suspended from the exercise of the functions of their office during the pendency of such impeachment; and, except in case of the impeachment of the governor, the appoiniing power shall make a provisional appointment to replace any suspended officer until the decision of the impeachment. Art. iqg. For any reasonable cause the governor shall remove any officer on the address of two-thirds of the members elected to each house of the general assembly In every such case the cause or causes for which such removal may be required shall be stated at length in the address and inserted in the journal of each house. Art. 200. For any of the causes specified in article one hundred and ninety-six judges of the courts of appeal, of the district courts through- out the State and of the city courts of the parish of Orleans, may be removed from office by judgment of the supreme court of this State in a suit instituted by the attorney-general or a district attorney, in the name of the State, on his relation.' The supreme court is hereby vested with original jurisdiction to try such causes; and it is hereby made the duty of the attorney-general or of any district attorney to institute such suit on the written request and information of fifty citizens and taxpayers residing within the territorial limits of thedis- trict or circuit over which the judge against whom the suit is brought exercises the functions of his office Such suits shall be tried, after citation and ten days' delay for answering, in preference to all other suits, and wherever the court may be sitting; but the pendency of such suit shall not operate a suspension from office. In all cases where the officer sued as above directed shall be acquitted, judgment shall be rendered jointly and in solido against the citizens signing the request, for all costs of the suit. Act. 1880, No. 122. Art. 201. For any of the causes enumerated in article one hundred and ninty-six district attorneys, clerks of court, sheriffs, coroners, recorders, justices of the peace, and all other parish, municipal and ward officers shall be removed by judgment of the district court of the domicile of such officers (in the parish of Orleans, the civil district court) ; and it shall be the duty of the district attorney, except when the suit is to be brought against himself, to institute suit in the man- ner directed in article two hundred, on the written request and infor- mation of twenty-five resident citizens and taxpayers in the case of district, parish or municipal officers, and of ten resident citizens and taxpayers in the case of ward officers. Such suit shall be brought against a district attorney by the district attorney of an adjoining district, or by counsel appointed by the judge for that purpose. In all such cases the defendant, the State, and the citizens and taxpayers on whose information and at whose request such suit was brought, or any one of them, shall have the right to appeal, both on the law and on the facts, from the judgment of the court. In all cases where the officer sued as above directed shall be acquitted, judgment shall be rendered jointly and in solido against the citizens signing the request for all costs of the suit. In cases against district attorneys, clerks, sheriffs and recorders the appeal shall be to the supreme court, and CONSTITUTION. 295 in cases against all other officers the appeal shall be made to the court of appeals of the proper circuit. Such appeals shall be returnable within ten days to the appellate court, wherever it may be sitting jjr wherever it may hold its next session, and may be transferred by order of the judges of said court to another parish within their circuit, and such appeals shall be tried by preference over a'l others. In cases of the refusal or neglect of the district attorney or attorney general to institute and prosecute any suit provided for in this and the preceding article, the citizens and taxpayers making the request, or any one of them, shall have the right by mandamus to compel him to perform such duty. REVENUE AND TAXATION. Art. 202. The taxing power may be exercised by the general assembly for State purposes, and by parish and municipal corpora- tions, under authority granted to them by the general assembly, for parish and municipal purposes. D. 3233, 3363. Art. 203. Taxation shall be equal and uniform throughout the ter- ritorial limits of the authority levying the tax, and all property shall be taxed in proportion to its value, to be ascertained and directed by law; provided, the assessment of all property shall never exceed the actual cash value thereof; and provided further , that the taxpayers shall have the right of testing the correctness of their assessments before the courts of justice. In order to arrive at this equality and uniformity the general assembly shall, at its first session after the adoption of this constitution, provide a system of equality and uni- formity in assessments, based upon the relative value of property in the different portions of the State. The valuation put upon property for the purposes of State taxation shall be taken as the proper valua- tion for purposes of local taxation in every subdivision of the State. Art. 204. The taxing power shall be exercised only to carry on and maintain the government of the State and the public institutions thereof; to educate the children of the State, to pay the principal and interest of the public debt, to suppress insurrection, repel invasion or defend the State in time of war; to supply the citizens who lost a limb or limbs in the military service of the confederate States with substantial artificial limbs during life; and for levee purposes, as hereinafter provided. Art. 205. The power to tax corporations and corporate property shall never be surrendered nor suspended by act of the general assembly. Art. 206. The general assembly may levy a license tax, and in such case shall graduate the amount of such tax to be collected from the persons pursuing the several trades, professions, vocations and callings. All persons, associations of persons and corporations pur- suing any trade, profession, business or calling, may be rendered liable to such tax, except clerks, laborers, clergymen, schoolteachers, those engaged in agricultural, horticultural, mechanical and mining pursuits, and manufacturers other than those of distilled alcoholic or malt liquors, tobacco and cigars, and cotton seed oil. No political 296 HISTORY OF LOUISIANA. corporation shall impose a greater license tax than is imposed by the general assembly for State purposes. Art. 207.* The following property shall be exempt from taxation, and no other, viz: All public property, places of religious worship or burial; all charitable institutions; all buildings and property used exclusively for colleges or other school purposes; the real and per- sonal estate of any public library and that of any other literary asso- ciation used by or connected with such library; all books and philo- sophical apparatus, and all paintings and statuary of any company or association kept in a public ha.\\; provided, the property so exempted be not used or leased for purposes of private or corporate profit or income. There shall also be exempt from taxation household prop- erty to the value of five hundred dollars. There shall also be exempt from taxation and license for a period of tvi^enty years from the adop- tion of this constitution, the capital, machinery and other property employed in the manufacture of textile fabrics, leather, shoes, har- ness, saddlery, hats, flour, machinery, agricultural implements, man- ufacture of ice, fertilizers and chemicals, and furniture and other ar- ticles of wood, marble or stone, soap, stationery, ink and paper, boat building and chocolate; provided, that not less than five hands are employed in any one factory. Art. 208. The general assembly shall levy an annual poll tax, for the maintenance of public schools, upon every male inhabitant in the State over the age of twenty-one years, which shall never be less than one dollar nor exceed one dollar and a half per capita; and the gen- eral assembly shall pass laws to enforce payment of said tax. Art. 209. The State tax on property for all purposes whatever, in- cluding expenses of government, schools, levees and interest, shall not exceed in any one year six mills on the dollar of its assessed val- uation, if the ordinance regarding the bonded debt of the State is adopted and ratified by the people; and if said ordinance is not adopted and ratified by the people, said State tax for all purposes aforesaid shall not exceed in any one year five mills on the dollar of the assessed valuation of the property; and no parish or municipal tax for all purposes whatsoever shall exceed ten mills on the dollar of valuation; /^-of/rfcrf, that for the purpose of erecting and construct- ing public buildings, bridges and works of public improvement, in parishes and municipalities, the rates of taxation herein limited may be increased when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the prop- erty taxpayers of such parish or municipality entitled, to a vote un- der the election laws of the State, and a majority of same voting at such election shall have voted therefor. Act 1880, No. 88; No. 42, sec. 4; Act 1882, No. 126; 35 A., Duperier's case. Art. 210. There shall be no forfeiture of property for the non- payment of taxes. State, levee, district, parochial or municipal; but at the expiration of the year in which they are due the collector shall, without sjit, and after giving notice to the delinquent in the manner to be provided ny law (which shall not be by publication except in case of unknown owner), advertise for sale the property on which *As amended in 18S6. CONSTITUTION. 297 the taxes are due, in the manner provided for judicial sales; and on the day of sale he shall sell such portion of the property as the debtor shall point out, and in case the debtor shall not point out sufficient property the co'lector shall at once and with- out further delay sdl the least quantity of property which any bidder will buy for the amount of the taxes, interest and costs. The sale shall be without appraisement, and the property sold shall be redeem- able at any time for the space of one year, by paying the price given, with twenty per cent, and costs added. No sale of property for taxes shall be annulled for any informality in the proceedings until the price paid, with ten per cent, interest, be tendered to the purchaser. All deeds of sale made, or that may be made by collectors of taxes shall be received by courts in evidence a.& prima facie valid sales. D. 3292-3312. Art. 211. The tax shall be designated by the year in which it is collectible, and the tax on movable property shall be collected in the year in which the assessment is made. D. 3293. Art. 212. The legislature shall pass no law postponing the pay- ment of taxes, except in case of overflow, general conflagration, gen- eral destruction of the crops or other public calamity, Act 1880, No. 97. Art. 213. A levee system shall be maintained in the State, and a tax not to exceed one mill may be levied annually on all property subject to taxation, and shall be applied exclusively to the main- tenance and repairs of levees. Art. 214.* The general assembly may divide the State into levee districts, and provide for the appointment or election of levee com- missioners in said districts, who shall, in the method and manner to be provided by law, have supervision of the erection, repairs and maintenance of the levees in said districts ; to that effect the levee com- missioners may levy a tax not to exceed ten mills on the taxable property situated within the alluvial portions of said districts subject to overflow ; provided, that in case of necessity to raise additional funds for the purpose of constructing, preserving or repairing any levees protecting the lands of a district, the rate of taxation herein limited may be increased when the rate of such increase and the necessity and pur- pose for which it is intended shall have been submitted to a vote of the property taxpayers of such district, paj ing taxes for themselves or in any representative capacity, whether resident or non-resident, on property situated within the alluvial portion of said district sub- ject to overflow, and a majority of those in number and value, voting at such election, shall have voted therefor. Act 80, No. 78. Art. 215. The provisions of the above two articles shall cease to have effect whenever the federal government shall assume permanent control and provide the ways and means for the maintenance of levees in this State. The federal government is authorized to make such geological, topographical, hydrographical and hydrometrical surveys and investigations within the State as may be necessary to carry into effect the act of congress to provide for the appointment of a Mississippi river commission for the improvement of said river *As amended in 1S84. 298 HISTORY OF LOUISIANA. from the head of the passes, near its mouth, to the headwaters, and to construct and protect such public works and improvements as maybe ordered by congress under the provisions of said act. Art. 2i6. The general assembly shall have power, with the con- currence of an adjacent State or States, to create levee districts, com- posed of territory partly in this State and partly in such adjacent State or States, and the levee commissioners for such district or districts shall possess all the power provided by article tivo hundred and fourteen of this constitution. Art. 217. Corporations companies or associations, organized or domiciled out of this State, but doing business herein, may be licensed by a mode different from that provided for home corporations or companies; provided, said different mode of license shall be uniform, upon a graduated system as to all such corporations, companies or associations that transact the same kind of business. D. 735. Art. 218. All the articles and provisions of this constitution regulating and relating to the collection of State taxes and tax sales shall also apply to and regulate the collection of parish, district and municipal taxes. homesteads and exemptions. Art. 219. There shall be exempt from seizure and sale, by any pro- cess whatever, except as herein provided, the homesteads botia fide owned by the debtor and occupied by him, consisting of lands, build- ings and appurtenances, whether rural or urban; of every head of fam- ily or person having a mother or father, a person or persons dependent on him or her for support; also, one work-horse, one wagon or cart, one yoke of oxen, two cows and calves, twenty-five head of hogs, or one thousand pounds of bacon or its equivalent in pork, whether these ex- empted objects be attached to a homestead or not; and on a farm the necessary quantity of corn and fodder for the current year, and the necessary farming implements to the value of two thousand dol- lars (D. 1691, 1696); provided, that in case the homestead exceeds two thousand dollars in value the beneficiary shall be entitled to that amount in case a sale of the homestead under any legal process real- izes more than that sum. No husband shall have the benefit of a homestead whose wife owns and is in actual enjoyment of property or means to the amount of two thousand dollars. Such exemptions to be valid shall be set apart and registered as shall be provided by law. The benefit of this provision may be claimed by the surviving spouse or minor child or children of a deceased beneficiary, if in indigent circumstances. Art. 220. Laws shall be passed as early as practicable for the set- ting apart, valuation and registration of property claimed as a home- stead. Rights to homesteads or exemptions under laws or con- tracts, or for debts existing at the time of adoption of this constitu- tion, shall not be impaired, repealed or affected by any provision of this constitution or any laws passed in pursuance thereof. No court or ministerial officer of this State shall ever have jurisdiction or au- thority to enforce any judgment, execution or decree against the property set apart for a homestead, including such improvements as CONSTITUTION. 299 may be made thereon from time to time; provided, the property herein declared to be exempt shall not exceed in value two thousand dollars. This exemption shall not apply to the following cases, to- wit- I, for the purchase price of said property or any part thereof; 2, for labor and material furnished for building, repairing or improv- ing homesteads; 3, for liabilities incurred by any public officer or fiduciary, or any attorney-at-law, for money collected or received on deposit; 4, for lawful claims for taxes or assessments. Art. 221, The owner of a homestead shall at any time have the right to supplement his exemption by adding to an amount already set apart, which is less than the whole amount of exemption herein allowed, sufficient to make his homestead and exemption equal to the whole amount allowed by this constitution. Art. 222. The homestead shall not be susceptible of mortgage, except for the purchase price, labor and material furnished for the building, repairina; or improving homestead; nor shall any renuncia- tion or waiver of homestead rights or exemptions be valid. The right to sell any property which shall be recorded as a homestead shall be preserved, but no sale shall destroy or impair any rights of creditors therein. Art. 223. Equitable laws shall be passed for the protection of cred- itors against the fraudulent claims of debtors, for the punishment of fraud, and for reaching property and funds of the debtor concealed from the creditor. PUBLIC EDUCATION. Art. 224. There shall be free public schools established by the gen- eral assembly throughout the State for the education of all the children of the State between the ages of six and eighteen years; and the gen- eral assembly shall provide for their establishment, maintenance and support by taxation or otherwise. And all moneys so raised, except the poll tax, shall be distributed to each parish in proportion to the number of children between the ages of six and eighteen years. D. 1217 et seq. Art. 225. There shall be elected by the qualified electors of the State a superintendent ot public education, who shall hold his office for the term of four years, and until his successor is qualified. His duties shall be prescribed by law, and he shall receive an annual salary of two thousand dollars. The aggregate annual expenses of his office, including his salary, shall not exceed the sum of three thousand dol- lars. The general assembly shall provide for the appointment of parish boards of public education for the different parishes. The parish boards may appoint a parish Superintendent of public schools in their respective parishes, who shall be ex officio secretary of the parish board, and whose salary for his double functions shall not exceed two hundred dollars annually, except that in the parish of Orleans the salary of the parish superintendent shall be fixed by the general assembly, to be paid out of the public school fund accruing to each parish respectively. Art. 226. The general exercises in the public schools shall be con ducted in the English language, and the elementary branches taught 300 HISTORY OF LOUISIANA. therein; provided, that these elementary branches maybe also taught in the French language in those parishes in the State or localities in said parishes where the French language predominates, if no additional expense is incurred thereby. Art. 227. The funds derived from the collection of the poll tax tehall be applied exclusively to the maintenance of the public schools as organized under this constitution, and shall be applied exclusively to support of the public schools in the parish in which the same shall be collected; and shall be accounted tor and paid by the collecting officers directly to the competent school authorities of each parish. Art. 228. No funds raised for the support of the public schools of the State shall be appropriated to or used for the support of any sectarian schools. Art. 229. The school funds of this State shall consist of — i, the proceeds of taxation for school purposes, as provided in this constitu- tion; 2, the interest on the proceeds of all public lands heretofore granted by the United States for the use and support of the public schools; 3, of lands and other property which may hereafter be bequeathed, granted or donated to the State, or generally for school purposes; 4, all funds or propeity, other than unimproved lands, bequeathed or granted to the State, not designated for other purposes; 5, the proceeds of vacant estates falling under the law to the State of Louisiana. The legislature may appropriate to same fund the pro- ceeds, in whole or in part, of public lands not designated for any other purpose, and shall provide that every parish may levy a tax for the public schools therein, which shall not exceed the State tax; provided, that with such tax the whole amount of parish taxes shall not exceed the limits of parish taxation fixed by this constitution. CONCERNING A STATE UNIVERSITY. Art 230.* An act to foster, maintain and develop the University of Louisiana, to that end to make the Board of Administrators of the Tulane Education Fund, as presently constituted, with the addition of the Governor, Superintendent of Public Education, and Mayor of the city of New Orleans, as ex-officio members thereof, Ihe Ad- ministrators of the University of Louisiana, which shall hereafter be known as the "Tulane University of Louisiana;" to invest said Tulane Board with all the powers, privileges, franchises and immunities now vested in the Board of Administrators of the University of Louisiana; and with such other powers as may be necessary or pertinent to develop, control, foster and maintain it as a great University in the city of New Orleans. To give to the Administrators of the Tulane Education Fund the control, man- agement and use of all the property of the University of Louisiana, in the city of New Orleans, for the purposes aforesaid : To ex- empt, in consequence of the terms of this act, and the dedication of its revenues to the purposes stated in this act, all the property, real and personal, present and future, of the said Board of Ad- ministrators of the Tulane Education Fund, from all taxation, *A amended in 1SS4. CONSTITUTION. 301 whether State, ^larochial or municipal: To make a contract, irrevocable and conclusive, between the State and the Adminis- trators of the Tulane Education Fund, covering the provisions of this act: To enable the said Board of Administrators of the "Tulane Education Fund" to decline to accept the provisions of this act, unless the same, in all its provisions, be ratified and ap- proved by a constitutional amendment, to be submitted at the next general election : To give said Board of Administrators of the " Tulane Education Fund," upon the adoption of said con- stitutional amendment, not only the full powers of administration over the University of Louisiana conferred by this act, but also the power to cieate, develop and maintain a great University in the city of New Orleans, which University so to be created shall perpetually be under their full and complete control: To enable said Board, should they act under the provisions of this act, pend- ing the submission of said constitutional amendment, to with- draw and relieve themselves from all the effects of said action should said proposed constitutional amendment be rejected, and to provide for the submission of a constitutional amendment ratifying the provisions of this act to the people of the State at the next general election; Whereas, Paul Tulane, Esq., formerly a resident of this State, and now of Princeton, New jersey, with the beneficent purpose of foster- ing higher education in this State, did, in May, 1882, express to cer- tain citizens of this State his intention to donate for such purposes valuable real estate to him belonging, situate in the city of New Or- leans; and, Whereas, The citizens to whom the intentions of Paul Tulane, Esq., were expressed, did, by act, before Chas. G. Andry, a notary public in the city of New Orleans, organize themselves into a corporation, under the name of the "Administrators of the Tulane Education Fund," with the objects and purposes specified in said act of incor- poration; and. Whereas, Since the formation of said corporation, Paul Tulane, Esq., in the execution of his previously expressed intention, has donated to said Administrators of the " Tulane Education Fund " nearly one million dollars, the revenues whereof are to be used for the promotion and encouragement of intellectual, moral and indus- trial education, and has expressed his intention to largely increase said donation should this act be adopted; and. Whereas, The said Board of Administrators of the " Tulane Educa- tion Fund," in order to make their work fruitful in results, have expressed their desire to take charge of the University of Louisiana, in the city of New Orleans, and to devote the revenues of the property now owned, or hereafter to be owned, by said Board, to its expansion and development; and upon the adoption of a constitutional amend- ment to that end, to apply all the revenues of property now owned, or hereafter to be acquired by them, to the creation and development in the city of New Orleans of a great University, whereby the bless- ings of higher education, intellectual, moral and industrial, may be given to the youth of this State ; and, 302 HISTORY OF LOUISIANA. Whereas, Under the terms of this action, as proposed by said Board, the property of said Board, and the revenues thereof, will not be used for purpose of private or corporate income or profit, but will be ex- clusively dedicated to school purposes, and to the service of the State in maintaining and developing the University of Louisiana, an insti- tution recognized in the Constitution, therefore entitling the said property of said Board to exemption from all taxation, both State, parochial and municipal; therefore, Be it enacted by the General Assembly of the State of Louisiana, Section i. That the Board of Administrators of the University of Louisiana shall hereafter, instead of the Board appointed as provided by section thirteen hundred and fifty-one (1351) of the Revised Statutes, consist of the seventeen administrators of the " Tulane Edu- cation Fund," with power, perpetually, to fill any vacancy in their own rmxah&x \ provided , that the said Board shall, on the passage of this statute, recognize by formal notarial actlheGovernor of the State, the Superintendent of Public Education, and the Mayor of the city of New Orleans, as ex-ojpcio members of said Board. Sec. 2. Beit further enacted, etc., That the Board of Administrators of the "Tulane Education Fund," as Adrrinistrators of the University of Louisiana, shall have all therights, powers, privileges, franchises and immunities, now vested in the Board of Administrators of the University of I^ouisiana by existing laws- That they shall further have full direction, control, and administration of the University of Louisiana, now established in the city of New Orleans, in all its de- partments as also of all the property belonging to the State of Louis- iana, and now dedicated to or used by the University of Louisiana as well as of all property controlled or used by the said University of Louisiana, and for the purposes thereof, and the Board of Adminis- trators of the University of Louisiana are hereby empowered and di- rected to turn over to the Board of Administrators of the " Tulane Education Fund " all the property, rights, books, papers and ar- chives now under their administration or control; provided, that if the custody of the State library should be transferred to the Tulane University of Louisiana, as herein established by the consolidation of the University of Louisiana at New Orleans with the Board of Ad- ministrators of the " Tulane Education Fund," as herein provided for, through the University of Louisiana, at New Orleans, as it now exists, or otherwise, it shall be on the express condition and agree- ment that the State of Louisiana may resume the custody and control of said State Library, whenever it maybe deemed advisable; and pro- vided further, that after the establishment of,the "Tulane University of Louisiana," as herein provided for, and after the tiansfer of the custody of the State Library thereto as aforesaid, if the custody thereof shal. be transferred to the "Tulane University of Louisiana/' =R Herein established, then and in that event, the Si ate of Louisiana snaii De relieved of and released from all obligations to pay the salary or compensation of the State Librarian or his assistants, as is now or may hereafter be fixed by law, during the period said State Library- may remain in the custody of said "Tulane University of Louisiana;" but that during said period the salary or compensation of said State Librarian shall be paid by the " Tulane University of Louisiana." CONSTITURION. 303 An inventory shall be madeoi all the property, movable and immova- ble, belonging to the University of Louisiana, and transferred by this act to the control and administration of the Administration of the Tulane Education Fund, by two appraisers to be appointed for that purpose by the Governor of the State and sworn, which appraisement shall be filed in the office of the Secretary of State, as evidencing the description and appraised value of the property to transferred, and also in order that the liability of the said Administrators of the Tulane Education Fund may not be extended beyond a return of the property, so transferred, in any contingency ; provided further, that the property so transferred may not be sold or disposed of, except under legislative sanction; provided further, that if the " Tulane University of Louisiana," as herein established, should cease to use the property, and exercise the privileges, franchises and immunities, now under the control and administration of, and enjoyed by the University of Louisiana, as now constituted and transferred by this act for the exclusive purposes intended by this act, then and in that event the State of Louisiana shall have the right to resume the cus- tody, control and administration of said property, and the exercise of said privileges, franchises and immunities. Sec. 3. Be tt.enacted, etc., That the said Board of Administrators of the "Tulane Education Fund," shall perpetually as Administrators of the University of Louisiana as above provided, have full and com- plete control of all the property and rights, and now vested in the University of Louisiana, The said Board shall have the powers above provided in addition to those conferred by its charter, by act passed before Chas. G. Andry, Notary Public, in the city of New Orleans, on the 29th day of May, Anno Domini 1882, including the power to hold and own all real and personal property, now to said Board be- longing, or hereafter to be by it acquired, during its corporate exist- ence, for the purposes and objects of its being, or the revenues whereof are to be solely applicable to such purposes. Sec. 4. Be it enacted, etc., That in honor of Paul Tulane and in recognition of his beneficent gifts and of their dedication to the pur- poses expressed in this act, the name of the University of Louisiana be and the same is hereby changed to that of the "Tulane University of Louisiana, " under which name it shall possess all the powers, privi- leges, immunities and franchises, now vested in said University of Louisiana, as well as such powers as may flow from this act or may be vested in said Board, under the term of this act, from the adoption of the Constitutional Amendment hereafter referred to. The purpose of this act being to invest the Board of Administrators of the " Tulane Education Fund " with all the rights now vested in the Uni- versity of Louisiana; to give said Board moreover complete control of said University in all its departments, and in every respect, with all powers necessary or incidental to the exercise of said control. To enable said Board, besides the powers designated by this act, to have irrevocably upon the adoption ot said Constitutional Amend- ment, full power with the rights hereby conferred to create and de- velop a great University in the city of New Orleans to be named as aforesaid. Said University to be established by the said Board of Administrators of the " Tulane Education Fund," to be dedicated to '304 HISTORY OF LOUISIANA. the intellectual, moral and industrial education of the youth of the State, in accordance with the Charter of said Board of Administrators of the "Tulane Education Fund." Sec. 5 Be it further enacted, etc., That in consideration of the agreement of said Board to develop and maintain the University of Louisiana, and thereby dedicate its revenues not to purposes of pri- vate or corporate income or profit, but to the public purposes of de- veloping and maintaining the University of Louisiana, all the prop- erty of the said Board, present and future, be and the same is hereby recognized as exempt from all taxation, State, parochial and munici- pal; this exemption to remain in force as long as the revenues of the said Board are directed to the maintenance of the University of Lou- isiana, as aforesaid, or until said Constitutional Amendment be adopted. The adoption of said amendment shall operate such ex- emption in consideration of the said Board expending their revenues as aforesaid, or creating, maintaining and developing a great Univer- sity in the City of New Orleans; provided, that the property exempted from taxation by this act shall not exceed in value five millions of dollars, invested in real estate not otherwise exempted, which said value shall be determined in the mode required by law for the assess- ment and valuation of property subject to taxation, it being the true meaning and intent hereof, that all the property of the Tulane Uni- versity of Louisiana, of whatsoever character, shall be exempted from taxation, State, parochial and municipal, except the excess of real estate belonging thereto, over and above the value of five million dollars, as above stated. Sec. 6. Be it further enacted, etc.. That in consideration of the vesting of the administration of the University of Louisiana in the said Administrators of the "Tulane Education Fund," of the trans- fer of the rights, powers, privileges, franchises and immunities of the said University to said Administrators, and of the exemption from all taxation as hereinabove provided, the said Administrators hereby agree and bind themselves, with the revenues and income of the property heretofore given them by Paul Tulane, Esq., as well as from the revenues of all other property, real, personal or mixed, hereafter to be held, owned or controlled by them, for the purposes of educa- tion, to develop, foster and maintain, to best of their ability and judgment, the University of Louisiana, hereafter to be known as the " Tulane University of Louisiana," and upon the adoption of the Constitutional Amendment aforesaid, to perpetually use the powers conferred by this act, and all power vested in them, for the purpose of creating and maintaining in the city of New Orleans a great Uni- versity, devoted to the intellectual, moral and industrial education and advancement of the youth of this State, under the terms of the donation ot Paul Tulane, and the previous provisions of this act. The said Board further agree and bind themselves to waive all legal claim upon the State of Louisiana for any appropriation, as provided in the Constitution of this State, in favor of the University of Louis- iana. Besides the waiver of the claim, as aforesaid, as an additional consideration between the parties to this act,' the said Board agrees to give continuously, in the academic department, free tuition to one student from each Senatorial and from each Representative district CONSTITUTION. 305 or parish, to be nominated by its- member in the General Assembly from among the bona fide citizens and residents of his district or parish, who shall comply uilh the requirements for admission estab- lished by said Board, The meaning of this provision being that each member of the General Assembly, whether Senator or Representa- tive, shall have the^ right of appointing one student, in accordance with the foregoing provisions. The free tuition lierein provided for shall continue until each student has graduated from the academic department, unless his scholarship has ceased from other causes. Whenever a scholarship becomes vacant, from any cause, the Senator oi Representative who appointed the previous student, or his suc- cessor, shall, in the manner prescribed by this section, immediately name a successor. Sec. 7. Jie it further enacted, etc.., That this act, in all its provi- sions be and the same is hereby declared to be a contract between tlie State of Louisiana and the Administrators of the " Tulane Educa- tion Fund," irrevocably vesting the said Administrators of the" Tulane Education Fund " with the powers, franchises, rights, immunities and exemptions herein enumerated and hereby granted, and irrevo- cably binding said administrators to develop, foster and maintain as above provided, the University a^ aforesaid in the city of New Or- leans, subject to and in accordance with the terms of this act. Sec 8. Be it further enacted, etc., That this act, in all its terms, provisions and stipulations, without in any manner affecting the validity thereof, or casting any doubt upon its cons' itutionality, be submitted for ratification at the next general election by constitu- tional amendment, as hereinabove and hereinafter provided. Sec. 9. Be it further enacted, etc.. That upon the passage and pro- mulgation of this act the said Administrators of the "Tulane Educa- tion Fund," shall have the right to avail themselves of the provisions of this act pending the submission of the constitutional amendment aforesaid. In case they should so elect to do, the said Administrators, upon the passage of this law and the promulgation thereof, sliall give notice of such intention to his Excellency, the Governor of this State, which notice shall authorize said Board to act under the provisions of this act and to exercise all the powers, privileges, franchises, im- munities and rights which this act confers, and to undertake the per- formance of the duties by it imposed. In case the faid Constitutional Amendment as aforesaid be not ratified, the said Board shall not in any way be held bound by its said action, but shall have the right to relieve itself of all liability growing out of such action by turning over to the Governor of the State, any property received by it from the State, or from the Administrators of the University of Louisiana, under the terms of this act, which to the extent of its imposing any obligation on the said Administrators of the "Tulane Education Fund," shall by said return, become null and void; provided, that the said Board may in the event of the defeat of the said Constitutional Amendment continue to secure and to avail themselves of the provi- sion of this act to the full extent that, the same are legal without con- stitutional enactment. Sec. id. Be it further enacted, etc., That Sections 13,^7, 1362, 1363, 'S^Sj 1366, 1367, 1370, 1372, 1373 and 1374 of the Revised Statutes, be 306 HISTORY OK LOUISIANA. and the same are hereby repealed, and that all laws and parts of laws conflicting in any manner with the terms of this act, be and the same are hereby repealed. Sec. II. Beit further enacted, etc.. That at the next general election to be held in this State, there shall be submitted to the people of the State the following amendment to the Constitution: (The terms of the Act No. [here inserting the number of this act] adopted at the session of the Legislature in the year 1884, are hereby ratified and ap- proved; and all provisions of the Constitution of 1879 repugnant thereto, or in any way impairing the passage thereof, are hereby re- pealed, so far as the operations of said act are concerned.) Sec. 12. Be it further enacted, etc.. That all electors who desire to vote at said election for said amendm nt, shall write or print upon their ballots the words: "For the Tulane University amendment," and all electors who desire to vote at said election against said amend- ment shall write or print upon their ballots the words' "Against the Tulane University amendment." The Louisiana State university and agricultural and mechanical college, now e-tablished and located in the city of Baton Rouge, is hereby recognized, and all revenues derived and to bf. derived from the sales of land or land scrip, donated by the United States to the State of Louisiana, for the use of a seminary of learning and mechanical and agricultural college, shall be appropriated exclusively to the main- tenance and support of said university and agricultural and mechan- ical college; and the general assembly shall from time to time make such additional appropriations for the maintenance and support of said Louisiana State university and agricultural and mechanical col- lege as the public necessities and the well-being of the people of the State of Louisiana may require, not to exceed ten thousand dollars annually. Art. 231. The general assembly shall also establish in the city of New Orleans a university for the education of persons of color, pro- vide for its proper government, and shall make an annual appropria- tion of not less than five thousand dollars nor more than ten thou- sand dollars for its maintenance and support Art. 232. Women over twenty-one years of age shall be eligible to any office of control or management under the school laws of this State THE FREE SCHOOL FUND, SEMINARY FUND AND AGRICULTURAL AND MECHANICAL COLLEGE FUND. Art. 233. The debt due by the State to the free school fund is hereby declared to be the sum ot one million one hundred and thirty thousand eight hundred and sixty-seven dollars and fifty-one cents in principal, and shall be placed on the books of the auditor and treas- urer to the credit of the several townships entitled to the same; the said principal being the proceeds of the sales of lands heretofore granted by the United States for the use and support of free public schools, which amount shall be held by the State as a loan, and shall be and remain a perpetual fund, on which the State shall pav an an- nual interest of four per cent, from the first day of January, eighteen CONSTITUTION. 307 hundred and eighty; and that said interest fhall be paid to the sev- eral townsliips in the State entitled to the same in accordance with the act of congress, number sixty-eight, approved February fifteenth, eighteen hundred and forty-three; and the bonds of the State hereto- fore issued, belonging to said fund and sold under act of the general assembly, number eighty- one of eighteen hundred and seventy-two, are hereby declared null and void, and the general assembly shall make no provisijn for their payment, and may cause them to be de- stroyed. (D. 1313-1331.) The debt due by the State to the seminary fund is hereby declared to be one hundred and thirty-six thousand dollars, being the proceeds of the sales of lands heretofore granted by the United States to this State for the use of a seminary of learn- ing. And said amount shall be placed to the credit of said fund on the books of the auditor and treasurer of the State as a perpetual loan, and the State shall pay an annual interest of four per cent, on said amount from January first, eigheen hundred and eighty, for the use of said seminary of learning. And the consolidated bonds of the State now held for use of said fund shall be null and void after the first day of January, eighteen hundred and eighty, and the general assembly shall never make any provision for their payment, and they shall be destroyed in such manner as the general assembly may direct. The debt due by the State to the agricultural and mechanical college fund is hereby declared to be the sum of one hundred and eighty-two thousand three hundred and thirteen dollars and three cents, being the proceeds of the sales of lands and land scrip heretofore granted by the United States to this State for the use of a college for the ben- efit of agriculture and the mechanic arts. Said amounts shall be placed to the credit of said fund on the books of the auditor and treasurer of the State as a perpetual loan, and the State shall pay an annual interest of five per cent, on said amount from January first, eighteen hundred and eighty, for the use of said agricultural and mechanical college. The consolidated bonds of the State now held by the State for the use of said fund shall be null and void after the first day of January, eighteen hundred and eighty, and the general assembly shall never make any provision for their payment, and they shall be destroyed in such manner as the general assembly may direct. The interest provided for by this article shall be paid out of any tax that may be levied and collected for the general purposes of public education. CORPORATIONS AND CORPORATE RIGHTS. Art. 234. The general assembly shall not remit the forfeiture of the charter of any corporation now existing, nor renew, alter or amend the same, nor pass any general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this con- stitution. C. C. 427-447, 677-746; Act 1880, No. 79. Art. 235. The exercise of the police power of the State shall never be abridged or so construed as to permit corporations to con- duct their business in such manner as to infringe the equal rights of individuals or the general well-being of the State. 308 HISTORY OF LOUISIANA. Art. 236. No foreign corporation shall do any business in this State without having one or more known places ot business, and an authorized agent or agents in the State, upon whom process may be served. D. 735. Art. 237. No corporation shaH engage in any business other than that expressly authorized in its charter or incidental thereto; nor shall it take or hold any real estate for a longer period than ten years, except such as may be necessary and proper for its legitimate busi- ness or purposes. C. C. 433; D. 681, 682; Act 1880, No. 79. Art. 238. No corporation shall issue stock nor bonds except for labor done or money or property actually received; and all fictitious issues of stock shall be void, and any corporation issuing such ficti- tious stock shall forfeit its charter. C. C. 433; D. 692. Art. 239. The stock shall not be increased, except in pursuance of general laws, nor without consent of persons holding the larger amount in value of the stock first obtained, at a meeting of stock- holders to be held after thirty days' notice given in pursuance of law. D. 687. Art. 240. The term corporation as used in this constitution shall be construed to include all joint stock companies or associations hav- ing any power or privileges not possessed by individuals or partner- ships. Art. 241. It shall be a crime, the nature and punishment of which shall be prescribed by law, for any president, director, manager, cashier, or other officer or owner of any private or public bank or banking institution to assent to the reception of deposits, or the cre- ation of debts by such banking institution after he shall have had knowledge of the tact that it is insolvent or in failing circumstances. Any such officer, agent or manager shall be individually responsible for such deposits so leceived, and all such debts so created with his assent. D. 809-832. Art. 242. The general assembly shall have power to enact general laws authorizing the parochial or municipal authorities of the State, under certain circumstances, by a vote of the majority of the property taxpayers in numbers and in value, to levy special taxes in aid of pub- lic improvements or railway enterprises; provided, that such tax shall not exceed the rate of five mills per annum, nor extend for a longer period than ten years. D. 711-714; Act 1880, No. 78. Art. 243. Any railroad corporation or association organized for the purpose shall have the right to construct and operate a railroad between any points within this State, and connect at the State line with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with or cross any other railroad, and shall receive and transport each the other's passengers, tonnage and cars, loaded or empty, without delay or discrimination. Art. 244. Railways heretofore constructed or that may hereafter be constructed in this State are hereby declared public highways and railroad companies common carriers. D. 466, 1697; C. c! 274s. 2751- Art. 245. Every railroad or other corporation, organized or doing business in this State under the laws or authority thereof, shall have and maintain a public office or place in this State for the transaction CONSTITUTION. 309 of its business, where transfers of stock shall be made, and where shall be kept for public inspection books, in which shall be recorded the amount of capital stock subscribed, the names of owners of stock, the amount owned by them respectively, the amounts of stock paid and by whom, the transfers of said stock, with the date ot transfer, the amount of its assets and liabilities, and the names and places of residence of its officers. C. C. 38. Art. 246. If any railroad company organized under the laws of this State shall consolidate, by sale or otherwise, with any railroad com- pany organized under the laws of any other State or of the United States, the same shall not thereby become a foreign corporation ; but the courts of this State shall retain jurisdiction in all matters which may arise, as if said consolidation had not taken place. In no case shall any consolidation take place except upon public notice of at least sixty days to all stockholders, in such manner as miy be pro- vided by law. Art. 247. General laws shall be enacted providing for the creation of private corporations, and shall therein provide fully for the ade- quate protection of the public and of the individual stockholder. D. 677-746; C. C. 427-447. Art. 248. The police juries of the several parishes and the consti- tuted authorities of all incorporated municipalities of the State shall alone have the power ot regulating the slaughtering of cattle and other live stock within their respective limits; provided, no monopoly or exclusive privilege shall exist in this State, nor such business be restricted to the land or houses of any individual or corporation ; provided, the ordinances designating the places for slaughtering shall obtain the concurrent approval of the board of health or other sanitary organization. D. 2743, 3033. PAROCHIAL AFFAIRS AND EOUXDARIES. Art. 249. The general assembly may establish and organize new parishes, which shall be bodies corporate, with such powers as may be prescribed by law; but no new parish shall contain less than six hundred and twenty-five square miles, nor less than seven thousand inhabitants; nor shall any parish be reduced below that area or num- ber of inhabitants. Art. 250. All laws changing parish lines or removing parish seats shall, before taking effect, be submitted to the electors of the parish or the parishes to be affected thereby, at a special slection held for that purpose, and be adopted by a majority of votes of each parish cast at such election. Art. 251. Any parish may be dissolved and merged by the general assembly into a contiguous parish or parishes, two-thirds of the qualified electors of the parish proposed to be dissolved voting in favor thereof at an election held for that purpose; provided, that each of the parishes into which the dissolved parish proposes to become incorporated consents thereto by a majority of its qualified electors voting therefor. Art. 252. Whenever a parish shall be enlarged or created from ter- ritory contiguous thereto it shall be entitled to a just proportion of SIO HISTORY OF LOUISIANA. the property and assets and liable for a just proportion of the exist- ing debts or liabilities of the parish or parishes from which such ter- ritory shall be taken. TH3 CITY "of new ORLEANS. Art. 253. The citizens of the city of New Orleans or any political corporation which may be created withjn its limits shall have the right of appointing the several public officers necessary for the administration of the police of said city, pursuant to the mode of election which shall be provided by the general assembly. Art. 254. The general assembly at its next session after the adop- tion of this constitution shall enact such legislation as may be proper to liquidate the indebtedness of the city of New Orleans, and apply its assets to the satisfaction thereof. It shall have authority to cancel the charter of said city, and remit its inhabitants to another form of government if necessary. In any such new form of government no salary shall exceed three thousand five hundred dollars. Act 1S80, No. 74. Art. 255. The general assembly shall pass necessary laws to pre- vent sailors or others of the crew of foreign vessels from working on the wharves and levees of the city of New Orleans; provided, there is no treaty between the United States and foreign powers to the contrary. AMENDMENT AND REVISION OF THE CONSTITUTION. Art. 256. Propositions for the amendment of this constitution may be made by the general assembly at any session thereof; and if two-thirds of all the members elected to each house shall concur therein, after such proposed amendm 'nts have been read in such respective houses, on three separate days, such proposed amend- ment or amendments, together with the yeas and nays thereon, shall be entered on the journal, and the secretary of State shall cause the same to be published in two newsoapers published in the parish of Orleans, and in one paper in each other parish of the State in which a newspaper is published, for three months preceding the next election for representatives, at which time the said amendment or amendments shall be submitted to the electors for their approval or rejection; and if a majority voting on said amendment or amend- ments shall approve and ratify the same, then such amendment or amendments, so approved and ratified, shall become a part of the constitution. When more than one amendment shall be submitted at the same time they shall be so submitted as to' enable the electors to vote on each amendment separately. The result of said election shall be made known by the proclamation of the governor, SCHEDULE. Art. 257. The constitution of this State, adopted in eighteen hun- dred and sixty-eight, and all amendments thereto, is declared to be superseded by this constitution; and in order to carry the same into effect it is hereby declared and ordained as follows- CONSTITUTION. 311 Art. 258. All rights, actions, prosecutions, claims and contracts, as well of individuals as of bodies corporate, and all laws in force at the time of tlie adoption of this constitution and not inconsistent there- with, shall continue as if the said constitution had not been adopted. But the monopoly features in the charter of any corporation now existing in the State, save such as may bs contained in the charters of railroad companies, are hereby abolished. Art. 259. In order that no inconvenience may result to the public service from the taking effect of this constitution, no office shall be superseded thereby; but the laws of the State relative to the duties of the several officers — executive, judicial and military — shall rein^in in full force, though the same be contrary to this constitution; and the several duties shall be performed by the respective officers of the State, according to the existing laws, until the organization of the government under this constitution, and the entering into office of the new officers to be appointed or elected under said government, and no longer. Art 260. Appointments to office by the executive under this con- stitution shall be made by the governor, to be elected under its authority. Art. 261. All causes in which appeals have been or may be here- after taken or now pending in the supreme court, under the constitu- tion of eighteen hundred ard sixty-eight, and of which jurisdic'ion has been vested by this constitution in the courts of appeal, shall, after the adoption of this constitution, be transferred for trial to the court of appeal of the circuit from which the appeal has been or may be taken. All other causes that may be pending in the supreme court, under the constitution of eighteen hundred and sixty-eight, shall be transferred to the supreme court created by this coiistitution as soon as it shall be organized. All causes that may be pending in all other courts, under the constitution of eighteen hundred and sixty-eight, upon the adoption of this constitution and the organization of the courts created by this constitution, shall be transferred to the courts respectively having jurisdiction thereof under this constitution. Art. 262. Immediately after the adjournment of this convention the governor shall issue his proclamation, directing the several offi- cers of the State, authorized by law to hold elections for members of the general assembly, to open and hold a poll in every parish in the State, at the p-Iaces designated by law, u^ion the first Tuesday in the month of December next, eighteen hundred and seventy-nine, for the purpose of taking the sense of the good people of this State in regard to the adoption or rejection of this constitution; and it shall be the duty of said officers to receive the votes of all persons entitled to vote under the constitution of eighteen hundred and sixty-eight. Each voter shall express his opinion by depositing in the ballot box a ticket, whereon shall be written or printed, "for the constitution," or "against the constitution," or some such words as will distinctly convey the intention of the voter. It shall also be the duty of the governor in his said proclamation to direct the said officers author- ized by law to hold elections to open and hold a poll at the above stated time and places for the election of governor, lieutenant-gov- ernor, members of the general assembly, secretary of State, attor- 312 HISTORY OF LOUISIANA. ney-general, State auditor and superintendent of public education, and of all other officers whose election by the people is provided for in this constitution; and the names of the persons voted for shall be written or printed on the same ticket and deposited in the same box as the votes for or against the constitution. And the said election for the adoption or rejection of the constitution and for the said offi cers shall be conducted and the returns thereof made in conformity with existing laws upon the subject of State elections Upon receipt of the said returns, or the last Monday in December, eighteen hun- dred and seventy-nine, if the returns be not sooner received it shall be the duty of the governor, lieutenant-governor, the secretary of State and the attorney-general, in the presence of all such persons as may choose to attend, to compile the votes given at the said polls for ratification and rejection of this constitution; and if it shall appear from said returns that a majority of all the votes given on the question of adoption and rejection of the constitution is for ratifying this constitution, then it shall be the duty of the governor to make imme- diate proclamation of that fact, and thenceforth this constitution shall be ordained and established as the constitution of the State of Louis- iana, and the general assembly elected in eighteen hundred and seventy-eight shall thereupon be dissolved. Whether this constitution be adopted or rejected it shall be the duty of the governor to cause to be published in the official paper of the convention the result of the polls, showing the number of votes cast in each parish for and against the said constitution. If the constitution be ratified it shall be the duty of the secretary of State to examine and compile the returns and publish the result of the election of officers herein ordained, and in the manner provided by existing laws. Art. 263. The general assembly first elected under this constitu tion shall convene in the city of New Orleans upon the second Mon- day in January next, eighteen hundred and eighty, after the election, and the governor and lieutenant-governor elected shall be duly installed in office during the first week of the session, and before it shall be competent for the said general assembly to proceed with the transaction of business beyond their own organizatio 1. Art. 264. The State auditor, attarney-general, secretary of State and superintendent of public education, elected at the first election herein provided for, shall enter upon the discharge of the duties of their respective offices on the second Monday of January, eighteen hundred and eighty, after complying with the requisites of existing laws; and all other officers whose election or appointment is provided for by this constitution shall enter upon the discharge of tlie duties of their respective offices on the first Monday of April, eighteen hundred and eighty, after complying with the requirements of exist- ing laws; until which period all officers under the constitution of eighteen hundred and sixty- eight shall receive the pay and emolu- ments provided for under said constitution ; provided, that the pay of the officers elected or appointed under this constitution shall not commence until after their induction into office. The State treasurer elected in November, eigh'een hundred and seventy-eight, shail con- tinue in office as if elected at the election to be held on the first Tuesday in December, eighteen hundred and seventy-nine; but the CONSTITUTION. 313 salary of said oflScer shall be as established by this constitution from and after the second Monday in January^ eighteen hundred and eighty, Art. 265. The time of service of all officers chosen by the people at the first election under this constitution shall ternninate as though the election had been holden on the first Tuesday after the first Mon- day in April, eighteen hundred and eighty. Art. 266. The judges of the courts of appeal^ district judges, city judges, district attorney, coroner, clerks of courts, sheriffs, recorder of mortgages and register of conveyances, all of whose election and appointment are provided for by this constitution, in the parish of Orleans, shall only enter on the discharge of the duties of their re- spective offices on the first Monday of August, eighteen hundred and eighty, and the present incumbents shall continue until then in the performance of the duties of their respective offices and the enjoy- ment of the emoluments thereof as now prescribed by law. Art. 267. The general assembly is required to make provision for paying J. H. Gosgrove, printer of the convention, for the balance due him for work done previous to adjournment, and for all work that may be done by him after adjournment of the convention by its direc- tion; and s'lall make a special appropriation to liquidate the debt which this convention has contracted, authorizing the fiscal agent of the State to negotiate a loan of twenty- five thousand dollars; and also for the payment of such vouchers as may be issued by the chairman of the committee on contingent expenses, under the authority of this convention, in excess of the foregoing' appropriation, for the purpose of enabling this convention to complete its work; provided, said vouchers are approved by the president of the convention. Art, 268. There shall not be any municipal election in the cities of New Orleans and Shreveport in December, eighteen hundred and seventy-nine. The general assembly shall provide for a municipal election in the city of New Orleans or such municipal corporations as may be created within the territorial limits of the parish of Orleans during the year eighteen hundred and eighty. The general assembly may fix the time for a municipal election in the city of Shreveport before April, eighteen hundred and eighty-four. MISCELLANEOUS OKDINANCI." Relief of Dt linqiterit Taxpayers , Art. I. Be it ordained by the people of the State of Louisiana in conventio7i assembled. All interests, penalties, costs, fees and charges whatever on taxes and licenses due the State, or any political corpora- tion therein, prior to the first day of January, eighteen hundred and seventy-nine, and yet unpaid, are remitted, and all property forfeited to the State or any political corporation on account of non-payment of taxes or licenses, or to which the State or any political corporation now has a title, shall be redeemable, and the title to the State or any politi- cal corporation thereto annulled, upon the payment by the debtor or any interested party of the principal of all taxes and licenses that may be due thereon at the date of redemption, and this right of redemption 314 HISTORY OF LOUISIANA. shall continue until the first day of January, eighteen hundred and eighty-one. In the event the principal of said taxes and licenses is not paid by said time, the interest, penalties, costs, fees and charges here- inbefore remitted shall revive and attach to the property upon which the taxes and licenses are"due, and such property shall be then sold in the manner to be provided by law, and the title of the purchasers shall be full and complete; provided, that nothing herein contained shall be construed as affecting the rights of third persons who may have purchased property, legally assessed and sold at tax sales, or from the State or any political corporation after the same was legally forfeited to or purchased by the State or such corporation ; and pro- vided further, that nothing in this ordinance shall be taken as grant- ing any time for the payment of the principal of said taxes and licenses; and provided further, that interest shall accrue and be col- lected on the principal of said delinquent taxes and licenses at the rate of eight per cent, per annum from January first, eighteen hun- dred and eighty; and on all said taxes and licenses paid a discount of ten per cent, per annum shall be allowed from the date of payment to January first, eighteen hundred and eighty-one. (Act 1880, No. 49, 93, 107.) That all taxes and licenses due the State prior to January first, eighteen hundred and seventy-nine, may be paid as follows: I. That iportion of said taxes and licenses due the general fund and all other funds, except as hereinafter provided, in any valid auditor's warrants outstanding at the date of the adoption of this consti- tution, except all warrants issued prior to the first of January, eighteen hundred and seventy-four, and' also all warrants issued from the first of January, eighteen hundred and seventy-four, to first of January, eighteen hundred and seventy-five, for other purposes than for salaries of constitutional officers, or for the support of charitable institutions for the year eighteen hundred and seventy-four. That at the option of the holders of any of said warrants the said warrants may be funded in bonds of the denomination of five dollars, with interest coupons attached thereto, at the rate of three per cent, per annum in'erest from the first day of July, eighteen hundred and eighty; the said bonds to be due and payable six years from the first day of Jan- uary, eighteen hundred and eighty; the said coupons being payable at the State treasury on the first day of February and August of each year. All moneys received in the treasury for all taxes and licenses due the State prior to the first day of January, eighteen hundred and seventy-nine, except such as are otherwise provided for by this ordi- nance, shall be set aside to pay the interest on said five dollar bonds, and to provide a sinking fund to redeem the same. The bonds above provided and interest coupons shall also be receivable for amounts due to the State for the redemption or purchase of property which has been forfeited or sold to the State for delinquent taxes and licenses of any of the years named in this article. The bonds so issued shall be receivable for the said taxes and licenses and the obligations of the public charitable institutions of the State given for purchase of neces- sary supplies of food, clothing, medicine and hire of employes. 2. That portion of said taxes and licenses due the interest fund subse- quent to January, eighteen hundred and seventy-four, in any matured coupons issued by the State since that date. 3. That portion of said CONSTITUTION. 315 tax due the levee fund since the year eighteen hundred and seventy- one to the year eighteen hundred and seventy-six, inclusive of both years, in any valid wax-rants issued by the levee company and endorsed by the auditor and treasurer of the State as follows: "Receivable for levee tax due for eighteen hundred and seventy-one to eighteen hun- dred and seventy-six inclusive;" and the auditor and treasurer are hereby authorized to so endorse warrants issued by the levee company, as provided above, to an amount sufficient to cover the balance due on the judgment recovered by said company in the case entitled Louis- iana Levee Company vs. the State of Louisiana, No. 7163 in the su- preme court of Louisiana. Be it further ordamed, etc , That no auditor's warrants shall be taken as valid for the purpose of payment of taxes and licenses or for funding, as hereinbefore prescribed, until the same shall have been examined by the auditor, treasurer and attorney-general of the State, and endorsed by them as valid. Said warrants when so endorsed, may be surrendered to said officers and by them registered and canceled; and in lieu thereof said auditor and treasurer shall issue certificates in sums of five, ten, twenty or fifty dollars, as may be desired by the holder of said warrants, which shall be receivable for all taxes and licenses due the State prior to January the first, eighteen hundred and seventy-nine, except the taxes due the interest fund and levee fund. Beit further ordained, That all taxes and licenses due any parish or municipal corporation prior to January first, eighteen hundred and seventy-nine, may be payable in any valid warrants, scrip or floating indebtedness of said parish or municipal corporation, except judg- ments. IXDEBTEDNESS OF THE STATE TO ITS FISCAL AGENT. Be it ordained by the people of tJie State of Louisiana in convention assembled, That the debt due from the State to its fiscal agent, being in amount one hundred and eighty-seven thousand, seventy-seven dol- lars and twenty-four cents, subject to such reduction as may result from credits arising out of taxes due to the interest fund since June the thirtieth, eighteen hundred and seventy-nine, which said debt was created under the contract made between the board of liquidators and the fiscal agent, under date of the twenty-fifth of May, eighteen hun- dred and seventy-seven, and under act nvimber twenty-eight, session of the legislature of eighteen hundred and seventy-eight, is hereby declared to be a valid obligation of the State; and the legislature shall, at its first session after the adoption of this constitution, pro- vide for the payment of the same; and the fiscal agent shall, as a con- dition precedent to said payment, surrender and deliver to the auditor of the State for cancellation the interest coupons which were taken up and held by said fiscal agent at the time of making the advances which created the said indebtedness; but the interest to be allowed said fiscal agent shall be at the rate of four per cent, per annum until the debt is paid. LOAN BY FISCAL AGENT. Article i. Be it ordained by the people of the State of Louisiana in convention assembled, That the fiscal agent of this State shall be and 316 HISTORY OF LOUISIANA. is hereby empowered, by authority of this convention, to negotiate a loan of twenty-iive thousand dollars, or so much thereof as may be necessary, at seven per cent, per annum, to defray the residue of the expenses of this convention not provided for by the act of the gen- eral assembly calling this convention, and to enable the convention to complete the work of framing the new constitution. Art. 2. The said loan shall be evidenced by certificates of indebt- edness, signed by the president of this convention and countersigned by the secretary thereof, under seal of this convention, in sums of five hundred dollars or under, bearing seven per cent, per annum in- terest from the date of such certificates until paid, and payable on the fifteenth day of March, A. D. eighteen hundred and eighty, at the State National Bank of New Orleans, in the city of New Orleans Art. 3. The first general assembly convened under this constitu- tion shall make a special appropriation to liquidate the debt which this convention has contracted or may contract, as per ordinance adopted authorizing the fiscal agent ot the State to negotiate a loan of twenty-five thousand dollars for the purpose of enabling this con- vention to complete the work of framing this constitution. STATE DEBT.* Article i. Be it ordained by the people of the State of I^ouisiana, as provided by law. That the State debt ordinance read as follows: That the interest to be paid on the consolidated bonds of the State of Louisiana be and is hereby fixed at two per centum per annum for five years, from January i, 1880, and four per centum per annum thereafter, payable semi-annually; and there shall be levied an an- nual tax sufficient for the full payment of said interest, not exceed- ig three mills, the limit of State tax tor all purposes being hereby fixed at six mills, and said bonds and coupons shall be duly stamped: " Interest reduced to two'per centum per annum for five years from January I, 1880, and four per centum thereafter." Art. 2. That the holders of the consolidated bonds may at any time, in order that the coupons may be paid, present their bonds to the treasurer of the State, or to agents to be appointed by the gover- ' nor in the city of New York and the other in the city of Lon- don, and the said treasurer or agents, as the case may be, shall en- dorse or stamp thereon the words: "Interest reduced to two per centum per annum for five years from January i, 1880, and four per centum per annum thereafter," and said treasurer or agents shall endorse or stamp on said coupons the following words* "Interest reduced to two per centum per annum," 01 "Interest reduced to four per centum per annum," as the case may be." Sec. 2. Be it further enacted, etc., That the foregoing provisions and articles shall not form any part of the constitution, except as hereafter provided, as follows: At the election, as provided by law, it shall be lawful for each voter to have printed or written on his ballot the words "for amendment to ordinance relative to State debt," or the words, "against amendment to ordinance rela'ive to State debt;" * As am'^nded in 18S2. CONSTITUTION. 317 and in the event that a majority of ballots so cast be for the amend- ment to ordinance relative to State debt, then the said foregoing pro- visions and articles of this amendment shall form a part of the con- stitution, as if the same had been originally so ratified; and if a majority of the ballots so cast shall have on them the words, " against the amendment to ordinance relative to State debt," then said pro- visions and articles shall form no part of the constitution. INDEX. PAGE. Aaron Burr 165-66 Abadie 113 Acadians..ii4,ii5,i35,i62;i64, 223,250; 256 Aime Valcour 202 "Alabamma Mingo", 96 Allen, H. W 235 Almonaster Don Andres 137 Americus Vespucius 2 Annochy Indians 34, 38 Apalaches 58, 62 Apalachicola 58 Area 253 Arkansas Indians 14, 19 Arkansas, Ram 221 Armant, Col 225 Ascantia Bayou 43 Aubry 114, 120, 128 Audubon 254 Austrian Succession, war of.. io8 Bailey, Joseph 234 Baker, Joshua 238 Banks, N. P 226, 228, 234, 242 Barataria 174 Barbe, Marbois 150 Bastrop 144 Baton Rouge, 41, 80, 167, 168, 198, 200, 211, 220 Bayougoula Indians 34, 38 Berwick Bay 226 Bienville 29, 48, 54, 90, 98, 100, 107, 108 Biloxi, Fort 47, 57 Biloxi, New 84 Capital of Colony 83 Black Code 90 Boisblanc Ii5, 125, 127 Boisbriant 49 Bor^, Etienne de 142, 143 Borgne, Lake, Battle of 178 Bouligny, Francisco 145 Braud, D 116, 125 Breckinridge, John C 221, 222 PAGE. Butler, Benj. F 217, 216 Cabildo 152,155, 192 Caddodaquois 55 Cadillac, Lamothe 71 Calhoun, John C 210 Canada 8 Canal, Carondelet 144 Capital— Donaldsonville 198 New Orleans 198 Baton Rouge 198 Shreveport 235 Capuchins, French and Span- ish I2g Caresse, Pierre 127 Carnival 247 Carondelet, Francois Louis Hector, Baron 139 Carroll, Major-General 186 Casa Calvo 146,152, 154 Cat Island 32 Cattle 164, 255 Cession to Spain 112 Chalmette 218 Chandeleur Islands 31 Charity Hospital 107 Chateauguay _ 49, 91 Chepart 93 Chickasaws 58, 99, 104 Churchill, General 232 Civil War 209, 236 Company of the West or Mis- sissippi 77 Constitutions — Of 1811-12 170 Of 1845 204 Of 1852 207 Of 1864 272 Of i868 238, 242 Of 1879 242, 259 Cote des Allfemands 88 Cotton 164,185,194,203,218, 249, 254 320 HISTORY OF LOUISIANA. Cotton Seed 50 Council, Superior and In- ferior 77 Crevecoeur Fort i7 Crozat, Antoine de 70 D'Aquia, Major iSi, 186 D'Artaguette, Diron 67 D'Artaguette, Commandant of the Illinois 100, 103 Davion, Father 62 Davis, Jefferson 213 DeBore i5i;iS3.'57i 202 DeClouet, Chevalier 136 DeGraff, Lawrence 29 De LaChaise 85 Auguste 142 Democrats 238, 240 DeMuys 67, 68 Derbigny 158, 200 DeSoto, Hernando 5, 7 Dominique, Captain..i76,i86, 191 Doucet 119 Dueling 205 Duvergier 90 Eads, Jas. B 243 Education — College of Orleans 167 Public Schools 167 University at Baton Rouge.. 200 Jefferson College 201 Tulane 208 Emancipation 229 England Seizes American Sailors 172 English Turn 48 Epinay, de 1', Governor 75 Evangeline 256 Exposition, Cotton Cen- tennial 246 Farragut, David G 216, 220 Filibusters 35 Filles a la Cassette 93 Flanders, B. F 238 Florida 2, 3 Forstal, Nicholas 136 Fort Bowyer 173 Fort Butte a la Rose 226 Fort de Russy 230 Fort Jackson 216 Fort Pike, Petites Coquilles.. 178 Fort, Spanish 178 Fort St. Philip 178, 189, 216 Fort Sumter 213 Fortier 151, 153 Foster, Murphy J 248 Foucault, Father ^ 62 Foucault, Royal Commissary.. 125 Fournet, Colonel 223 France Buys Louisiana....i48, 152 Frontenac, Count of 11 Fort 16 Fruits r 254 Fuller, Captain... 226 Galvez, Don Bernardo 130 Gas, Introduction in New Or- leans 198 Gayarre 117, 167, 208 Gayoso, Governor 145 Geological features 253 Germans 162, 185 Gettysburg, Battle of 229 Gibbs, General 187 Grande Terre 174 Gravier, Father James 62 Green, General Thomas 227, 230, 232 Gypsum , 255 Hahn, Michael 235 Hall, Dominic 157, 192 Hebert, Paul 208 Hennepin 18 Holt, Joseph 245 Houmas 42, 80 Hubert 90 Iberville, Pierre Lemoyne d' Iberville Bayou 43 Immigrants 249, 255 Indians 6,12,14,19,20,34,38, 39>42,5°)S8)62,7 I ,72,80,88, 93,96, 164 Inquisition 137, 138 Islingues 136, 163 Jackson, Andrew 173, 176 179. >8i, 187, igi Jackson Square 152, igi Jefferson, Thomas 149, 156 Jesuits 92 Jetties 243 Johnson, Henry 199 Johnson, Isaac 205 Joliet, Louis 10, 11 INDEX. 321 PAGE. Jones, Thomas Ap Catesby.... 178 Joutel 25, 28 iumonville, de Villiers no ury, trial by 159 Kappas Indians . 14, 19 Keane, General 183, 187 Kellogg, William P 339, 240 Kennon, Beverly 217 Kentuckians 185 Kerlerec, de, Governor 109 Labadieville 225 Lacoste 186 Lafayette 197 Lafittes 174, 176 Lafreniere 116, 125 Lake Borgne 178 Lambert 188 La Ronde 180 Laussat 150 La Salle 21, 25 Law, John 76 Lee 229, 234 Legislature 157 Leon, Ponce de 3 Lesassier 120 Levees 109, 244 Lincoln 213 Literature 250 Lottery 247 Louis XIV 70 Louis XV 70 Louisiana, named i, 21 45,70, 112 Sold to France 148 Purchased 149 Limits in 1S03 155 Division 156 Territory 157 State 170 Secedes 212 Reconstructed 238 Lovell, M. S 219 Manchac 41, 80 Mansfield 231 Marquette, Jacques 11, 15 Maison Rouge, Marquis de.... 144 Marquis, Pierre 122, 125, 127 Masan 125 Massacre Island 31 Changed to Uauphin 80 Matagorda Bay 25 PAGE. MaurepasFort 50 Maurepas Lake 44 Maurepas, Jerome, count of.. 26 Mauvilla Indians ,. 6 McEnery, S.D 242, 245 McEnery, J 240 Metropolitan Police 238 Mexican War 206 Milhet, Jean 116, 125, 127 Milhet, Joseph 116, 125, 127 Miro, Estevan 133-39 Mississippi Bubble 85 Mississippi River I, 2, 3, 8, ") i33> '62, 216, 217 Mobile Bay 30 Fort St. Louih de la 59 Mongoulacha Indians .. 34, 39, 71 Monroe, James 149 Monroe, Mayor 218 Moore, Thos. 212, 223 Morgan, Thos 202 Morgan, General 188 Mouton, Alex 204^ 211 Mouton, Alfred 224, 227, 230 Mumford, W. B 219 Napoleon 148, 160 Narvaez 4 Natchez 20, 50, 72, 88, 93, 96 Natchitoches 54, 71, 75 Necessity Fort no Negro Insurrection 144 Negroes 178, 181, 186, 191, 203, 229, 237, 240 New Orleans 38, 79, 86, 80, 219 Battle of 183 Nicholls, F. T 240,241, 247 Noyan de Bienville 91, 125 Ogden, F. N 239 Oranges 50. 254 O'Reilly 121, 128 Orleans, Duke of 70 Packard 240 Pakenham 183, 189 Panmure Fort 113 Parishes 162, 203, 253, 257 Pascagoula 34, 80 Pauger 85, 87 Pennicault 69 Pensacola 30, Si, 131, 88 t'erier governor 92 Perique 254 322 HISTORY OF LOUISIANA. Pinchback, P. B. S.; 238 Pineda , 3 Plauche, Mayor, 181, 186 Pleasant Hill...;. 232 Polignac, Prince 230, 231 Pontchartrain, Count Louis de 26, 44 Porter, D. D 216, 230, 232, 234 Port Hudson 222, 226, 228 Poupet 127 Poydras 157, 163, 170 Public Domain 199 Quarantine 245 Quincy, Josiah 169 Quinipissa Indians 38, 39 Railroad, First 198 Reconstruction 237 Rice 249, 254 Red River 7, 20 Right of Deposit 142, 146 Robertson, Thos. B 199 Roman, Governor 200 Rosalie, Fort 71, 75 Salcedo 149, 152 Salt Mines 224, 253 Sauvole 29, Secession 170, 210, 2(2 Secession, Right of 235 Sedella, Antonio de 137, 138 Serigny, de Si Ship Island 31 Slaves — Insurrection of 144, 168 Introduction Forbidden 157 Slavery Abolished 237 Smith, A. J 230 Smith, Kirby 226, 232, 233 Soil 2S3 Spain sells Louisiana i