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FRENCH, UtnihtT of the Historical Society of Louisiana ; of the American Assnciatimi for the Advancement of Science; nf the American Aiitiiiuarian Sncicti/ nf Massachiiselts: Cnrrespondinfr Member of tlic Academy s r !•; i{. I', so, CTljts Volume IS DUDKIATliU, WITH SKNTIMENT:* Ol' UlilJAltU AND EsTEIiM. BY n r. riiENCH Vfj. 1)1 ijiiiiiijii riw,, yiii-V( -w — 'I'lifl I'lirtrait of'M. Hiknvim.k, »f the oriuiiiiil, in llu! poHscssion nf tliii liimily ill < ';iii:u]a, and is In'licvcci In he llic mily iinc in cxi.-itcnco. Il was Idiuily placed at our dispoial l)y llio holder. Mr. Do Uow, of Ncw- Orloana, having bot-n executed for him liy one ot tlio lirst artists in Canada. CONTENTS, dumont's memoir. ical annals ♦session of tcnco. 1 1 , of Now- ill Cnnatla. I'litsT EstaWishmPiit of the French Colony alDaujihin iHland — Pr-Triptioii of that island I Cn)iturp of Fort Ponsacol.i from tho Spaniards J Spaniards rotako I'cnsacola — Their attempt on Daupliin Island '> Arrival of the French Scpiadron at Dauphin Island — Second Capture of I'ensaeola !) Arrival of a vessel loailed with youni; women at Dauphin Islanil 14 Second Kstahlishment of tho Trench Colony at Old IJiioxi Ifi Third l\stal)lislnnent of tlie Colony at New 13iIoxi U> Dispersion of the Concessionnaires (firaiitecs) — Establishment of the French posts in Louisiana 2^ Estalilishment of Ncw-Orlcans — Description of that Capital 23 The currency of the country 27 The Post of IJalize 2'J Tho i'ost of the Natchez, or Fort Rosalie 30 Fort Naquitochcs 33 Tho Arcan^as Post 31 Tlio Illinois Fort 30 The jMissouri Post 37 Fort Mobile , 40 Arrival of tho Royal Comniissaries at Ncw-Orlcans — Establishment of a Council in that Capital 41 First Indian hostilities against the French — a party of Chtckasaws surprises a French Cabin 43 One of tho Directors of the Concession of St. Catharine's wounded by the Natchez Indians 47 Continuation of Indian hostilities — The Commandant marches against them. 49 liecall of the Conunandcr of the Country to France — Loss of the Dcllona.. 57 New troubles with the Natchez Indians 58 Arrival of a new Commandant at the Capital — The Sieur Chopart sent to Natchez Gl Sieur Chopart's conduct — Origin of the last war.. G4 Conductor the Natchez — Their resolution on. Sieur Choparfs proposition. 66 General Massacre of the French by the Natchez 68 n t'OM'i'KN'iS. Sp«IUp| of t/,„ Afags,.., . ' I'" '^-.'^.l,™ ,„j„,„ ,1 "' M. .;ar„.-TI,ri, or,„.|„ '"'■"■■■»..., ,■;;;:■•■; "" "i^"* i,om ,,, -.Jrr".:-""'"'-'.H»»>vLi;:-,;;;:;;;;-.;^.w,,.. "'HH'III ,S,.,., |,y , ,.. 7I\ 7<) v.ir. lO-.i 100 Ml FlKST I'An-r V ' '. t'loyear I7fi2... ''•''f'T'''.sli.ncnt of tiio Colo„v of T • ■ S^'^o.vn P.KT.-.WlnVj ;;•"•■ '•'^'""•'^ "' „ "f'ho Spanianls ""'■^'•^"■' ^^"^'^ ^-- the poace^nVoo •,;,;, .- «-.raphiea,^,,,,„,- — ---^ ^^-.'lU...,.,, Cio^raphicai Notice ^iC^:, 7:^";^^-"-^^^^^^^^ i! - biographical n;;;;; ■;;;:;; - '""'•^^"on.oy.Gono.a, ^;.raphica, Notice r^'^::,;^'«^% -■:::::;;■;::- J^ote on the trial of the Prison " " Biographical Notice Of Govc^^a;;^^ ^ - lar i','t into the ounded it, 1 fanned a ne, a very it the lire 3r, so that, iflagration )rcvent its each side, take any- 31' thrown 'ing them, 'ucc more. A new reason decided him to do so. Although great care was taken in France to send abundantly provisions of every kind to the colony, yet all their care could not prevent want being felt there. It was so great that the commandant Avas obliged to send the soldiers, workmen, and even officers, to the nearest Indians of the country, that of the Biloxis and Pasca- goulas, who received them with great pleasure, and supported them quite well, not indeed with bread, but witli good hominy and sagamity, boiled with good store of meat or bear oil. As for the concessioners, each remained at his place, living not over well, being brought down to beans and peas in no great quantity. To increase the dilemma, there arrived at this juncture a vessel loaded with negroes, who were distributed to such as could support them. At last, the famine was so severe that a great number died, some from eating herbs they did not know, and which, instead of prolonging life, produced death ; others from eating oysters, Avhich they went and gathered on the sea-shore. Most of those found dead by the heaps of shells were Germans. At last, in the height of this scourge, came the Venus, loaded exclusively with provisions, and followed immediately by two other vessels. Then each one returned home, and the Indians were paid in goods for what they had given. At the same time the commandant raised at New Biloxi a third establishment, which being soon after completed, he transported the whole colony to it, abandoning Old Biloxi, where his stay had been marked only by disastrous events. nains o( the IflT**" 22 UISTORICAL MEMOIRS OF LOUISIANA. CHAPTEK VIII. it I'll -, ■ m 111 DTSPERSIOn OF THE COrfCF.Ssrn:fN.linES.— ESTABLISHMENT OF FRErrCH POSTS m LOUISIANA. As soon as tlicy left Old Biloxi* the colony was reunited on the same ground in the ncwly-formcd establishment ; but this reunion was of no long duration. The commandant and his council, fearing the recurrence of a famine like that they had just passed through, or something worse, the plague, thought it time to send the conccssionnaires to their respective lands assigned them by the company. Accordingly, each made up his mind and they separated. I will here set down in what country of that great province each concession was then established, and how far it is from the mouth of the St. Louis (Mississippi). This will show, too, its distance from the capital, which is twenty leagues above its entrance into the gulf. M. Blanc's, at the Yazoux " Koly's, at the Natchez " Law's, at the ...Arkansas ' ' Dartaguette's, at Baton Rouge . . " Paris cUi Vcrnay's, at the Bayagoulas " Meuzc's, at Pointe Coupee. " Villemont's, on Black River " Clcrac's, at the Natchez 140 cagucs 130 238 95 59 80 130 130 .Chaumont's, at the. Pascagoulas 8 " from Biloxi. Such are the plots then established, and which it was thought necessary to make available to enable the grantees to draw their own subsistence, and even sell, in case of want, to those in need. As to some other French posts, also formed in that country for the security of the province and its inhabitants, I shall treat at largu in the course of these memoirs. * Bienville removed the colony from Old to New Biloxi, on the east side of the fcay, in December, 1719, HISTORICAL MEMOIRS OF LOUISIANA. 23 NT OF FREircn CHAPTER IX. ESTAnLrsifHEsr of jsEironLK.iys—DKicRiPTron of that capital. reunited on nt ; but this ant and his at they had uc, thought ectivc lands made uj) his hat country estabhshed, Mississippi). 3h is twenty leagues. 8 « 5 << ) " ► " ) » as thought draw their 'se in need. t country s, I shall t side of the WuiLE the conccssionnaires, thus dispersed in different places in that vast province, were engaged in forming their establishments, the commandant, now left alone at Old Biloxi, with the troops and oOicers of the company, thought of making a more stable and solid establishment in the country than any that had yet been formed for the colony. With this view he selected a tract thirty leagues above the mouth of the river, and sent the Sieur de la Tour,* chief engineer there, to choose in that tract a place fit for building a city worthy of becoming the capital and head-quarters, to which all the rising settlements might have recourse to obtain aid. The Sieur de la Tour was no sooner arrived at the placo,f then consisting only of some unimportant houses, scattered here and there, formed by voyageurs, who had come down from Illinois, than he cleared a pretty long and wide strip along the river, to put in execution the plan he had projected. Then, Avith the help of some pique urs, he traced on the ground the streets and quarters which were to form the new town, and notified all who wished building sites to present their petitions to the council. To each settler who appeared they gave a plot ten fathoms front by twenty deep, and as * Le Page du Pratz says, " That when he arrived in Louisiana, (in 1718,) New-Orleans existed only in name : Bienville had gone to the Mississippi to lay out a city, and returned to Dauphin Island after he had landed there." t Charlevoix states, in his Journal, the reasons of Bienville and the engineers for locating the city of New-Orleans on this spot. When he arrived there (Jan- uary, 1722) it consisted of about one hundred cabins, placed without order, and abo u two hundred inhabitants. He predicted, however, that the day was not far off when it would become the metropolis of a great colony. — Hist. Coll. of La., vol. iii., p. 178. 2i HISTORICAL MEMOIRS OF LOUISIANA. I I §§ each sipiarc was l^fly fathoms front, it gave twelve plots in cacli, tlio two middle ones being ten front Ly twenty-five deep. It was ordained tliat those wl»o obtained these plots shonld be bound to inclose them with palisades, and leave all around a strip at least three feet wide, at the foot of wliieh a ditch was to be dug, to serve as a drain for the river water in time of inundation. Tlie Sieur do la Tour deemed these canals, com^ municating from square to squiire, not only absolutely neces- sary, but even to preserve the city from inundation, raised in front, near a slight elevation, running to the river, a dike or levee of earth, at the loot of which he dug a similar drain.* All were engaged in these labors, and several house, or cabins were already raised, when about the month of Septcj:- bcr a hurricanef came on so suddenl}-, that in an instant it level- ed houses and 2)alisades. With this impetuous wind came such torrents of rain, that you could not step out a momeut Avithout risk of being drowned. A vessel, called the Adven- turer, lay at anchor before the town, and thovidi all sails were reefed, and the yards and the vessel well secured to the shore by cables, and in the river by anchors, it was full twenty times in danger of going to pieces or being dashed on the shore. In fact, this tempest was so terrible that it rooted up the largest trees, and the birds, unable to keep up, fell in the streets. In one hour the wind had twice blown from every point of the compass. On the tliird day it finally ceased, and they set to work to repair the damage done. Meanwhile the new city began to fill up with inhabitants, avIio insensibly be * Sec an engraving of the original plan of New-Orleans, drawn by M. de la Tour, facing the title-page of this History. t This hurricane took place on the lltli Sept., 1721, and threw down a great number of houses, both at Fort Louis, Diloxi, and New-Orleans. — Historical Coll. of Louisiana, vol. iii., p. Ill HISTORICAL 5IEM0IUS OF LOUISIANA. 25 vclvc plots ill •uty-fivc deep, lots sliould be ' fill around a li II diteh Avas tcr in time of 3 canals, com- lutely neccs- ion, raised in I'ivcr, a diivc iig a similar •al houses or h of Septcn- staut it level - 5 wind came ut a moment I the Adveu- Jill sails were to the shore iwent}^ times II the shore. )tcd up the fell in the from every ceased, and anwhile the isensiblj be 'n by M. de la ' down a great IS. —Hittorical gan to abandon New Biloxi to come and settle theiv ; at last the commandant himself went there, with his eouneil and troops, leaving only an ofTieer with a detachment at New Bi- loxi to guard the post, and direct vessels coining from France to the residence of the colony. When the foundation of the new capital, whieh took tlie name of New-Orleans, was hiid, the houses, as I have said, were mere palisade cabins, like those of Old and New Biloxi ; the only diflercnee being, that in the latter places the posts Avcre pine, while at the ca])ital they were cypress. But since they began to make briek there, no houses but brick arc built, so that now the government-house, church, barracks, &c., and almost all the houses arc briek, or half-briek and half-wood. About this time arrived a third vessel, loaded with young women, but these were of a superior class to their predeces- sors, from the fact of their being called " casket-girls, "■'^' because, on leaving France, each had received from the liberality of the company a little trunk of clothes, and linens, caps, chemises, stockings, &;c. They had, too, the advantage of being brought over by nuns. They had not time to jDine away in the houses assigned for their abode on their arrival, but soon found husbands. The parish church of New-Orleans is built facing the Place d'Armcs,f and is served by the Capuchins, one of whom is vicar-general of the Bishop of Quebec. At some distance from the city is a very fine house, the residence of the Jesuit * " In the beginning of 172S," says Gayarrt', " there came a vessel from France with a considerable number of young girh, of good moral character, who became known as the ' filles a la casctte,' who were taken charge of by tlie Ursu- linc nuns, until they were provided with husbands. And, subsequently, it be- came a matter of importance in the colony to derive one's origin from them, rather than from those who had been sent from houses of correction." t A splendid cathedral now occupies the site of the old parish church |(f|!"^ " 26 niSTORICAL MEMOIRS OF LOUISIANA. m: m I ;,r: Fathers. It formerly belonged to M. Bienville, commandant- general in the country, who sold it to thorn. Out of the city on the right was also built a brick convent,* for the Ursuline nuns, who came to the country, a few at a time, but at last formed an establishment. They omph)ycd their time in instructing youth and teaching children to read. Beside the convent is a military hospital, served by these good nuns. This hospital, for many years, was used also by the citi/ensf and country people, but at last another was built especially for them. In this city there is a council, which meets generally every Tuesday and Saturday. It is composed of six councilors, an attorney-general, and an intcndant, who is also commissaire of ordinance ; there is also a register and a secretary to the council. Law-suits are settled there without attorneys or counselors, and consequently witho' b expense, on the pleadings of the party. In conclusion this place, which at first was hardly a good-sized village, may now justly be calletl a city. On the levue, t( the left, a little above the intendant's, is the market, and opposite the place, beside the storehouses, is the anchor- age for vessels, and beside it the guard-house. To avoid acci- dent by fire the powder-magazine is at a distance from the city. In a word, it may be said that this capital wants only fortifications, which have not yet been begun. On the whole, you will find there very fine brick houses, and a great many buildings four and five stories high. ii ; m Hi * This ancient building still exists. The nuns continued to occupy it till 1824, when they removed to a more splendid building below the city. It is now the residence of the Bishop. t A list of the names of these, to whom many of the present citizens of New- Orleans can trace their ancestry, is published in the 3d vol. of the Hist. Coll. of Louisiana. e, commandant- urick convent,* Hry, a few at a riicy omi)loyeJ hildren to read, ervcd by these as used also by lother was built I generally every i councilors, an commissaire of y to the council. I or counselors, oadings of the St was hardly a I city. On the , is the market, i, is the anchor- To avoid acci- tancc from the ital wants only On the whole, I a great many (1 to occupy it till the city. It is now it citizens of Ncw- f the Hist. Coll. of UISTOBICAL MEMOIRS OF LOUISIANA. 27 CriAPTER X. THE CURRENCY OF THE COUSTRY. "WiiENT, in 1710, the company began to send people to Dauphin Island, and 'hen to Old and New Biloxi, there was almost no money in public circulation, except some Spanish and a little French silver, brought by individuals, who used it to buy of the old settlers some little luxuries, such aa salad, milk, &c,, the latter selling at Dauphin Island as high as forty sous the pot. \ The company's goods were not paid for in money. "When anybody wanted anything, he made out a statement or list of the articles, and presented it to one of the directors of the company, who, after deducting what he thought proper, wrote on it an order for the storekeeper. The applicant then went to the store to receive what was on his statement, and that amount was deducted from the total he was entitled to receive. In a word, the notes of officers, clerks and em- ployes, were then current in the community, and passed for money. Afterwards, when all were assembled at the capital, as the people in the province could not share in the happiness of those who lived in France, who made fortunes by bank-bills then greatly in vogue, they resolved to make some at last of another kind, and paper money was made from fift}'- sous to fifty livrcs. For the advantage of such as could not read, they were made so that by mere inspection a man could tell the value of his note by the way it was cut. In the middle were the king's arms, with the number of the note on one side and the payee's initials on the other. The value was marked bclov,' thiis, " Good for," &c. These cards were signed by the 28 niSTORICAL MEMOIRS OF LOUISIANA. treasurer, commandant, and commissary ordiuator. It was forbidden to refuse them in trade, even on the king's or com- pany's vessels. Yet, in spite of the precaution of having two different signatures, it certain that . counterfeits to a pretty considerable amount were in circulation. Scarcely had it been invented when small copper coin began to arrive. It had on one side two L's saltier, and on the other the legend "Colonic Frangoise." This copper money had been struck at Eochelle. I have said that even vessels were forbidden to refuse paper money : but, after all, they had no interest in so aoing, for when ready to clear for Europe, they received bills of ex- change on France, on paying into the company's treasury the sum received in notes. But this was not the case v/ith indi- viduals who wished to return. Either to compel them to stay, or for some other reason, they obliged them to exchange their paper money for Spanish dollars at considerable loss. In 1728, in the time of the company, the dollar, worth only five livres in French silver, Avas rated at ten crowns paper money : but ten years after, when the company had surrender- ed its charter to the king, the dollar sold only for seven livres, ten sous. At the present time, I hear that a royal commis- sary, an intendant of marine, who had gone to the colony, has stopped the circulation cf paper money, and that French silver alone is now current. On the whole, however, it must be remarked, that money of any kind can be of use in that country only to such as live in the capital or its vicinity. As for the settlers in distant posts, I never could see how they needed money ; all their trade with the Indians is by exchange. But it is time for me to speak of the different posts formed in the interior of the country, either for the secu'ity or advantage of those settled there. ''1 ■ '■iilil' A. HISTORICAL MEMOIRS OF LOUISIANA. 29 iuator. It was king's or com- of having two bits to a pretty )per coin began 31, and on the copper money to refuse paj)er . so uoing, for ;d bills of ex- 's treasury the case with indi- 1 them to stay, I to exchange iderable loss, worth only rowns paper ad surrender- seven livres, oyal commis- colony, has rench silver lat money of ch as live in istant posts, trade with to speak of ntry, either CHAPTER XI. THE POST OF BALIZE. After the Sieur de la Tour had, as I have already stated, completed the plan of New-Orleans, he went down to the mouth of the river St. Louis (Mississippi) with the Sieur de Pauger, second engineer, whom he appointed to establish there a post called Balizc,*(the buoy,) to serve as a guide to vessels wishing to ascend the river. This was undertaken in 1722. For this purpose they took a heap of large trees, canes and brush- wood, which the river in its floods brings down to the mouth, and which, gathering at a point on the left as you enter, have formed a pretty wide ground. On this tongue of land is a hole, which has been very often sounded, though they could never fmd bottom. It is remarkable that if you insert into it a long, straight cane, heavy at one end, and drive it down with all your might, it will come out a quarter of an hour after, and rise almost out of sight in the air with the velocity of an arrow. On this ground the Sieur de Pauger built a fort which cost the company a great deal, for not a single pile was put there that was not driven in by hard work, and the whole is built on piles. It has a fine battery of cannon, which covers the anchorage and defends the entrance of the river, a church, barracks, store-house, and dwelling for the captain command- ing, all built of wood, on the surface of the ground. What I have said shows that this post was established not only to show vessels from France the way, but also to * This post no longer exists. The magazine, and part of the fortification, was swept away into the river, and a new Balize was established, by Don Ulloa, for the accommodation of the pilots, in 1768. m It ^1^ 30 HISTORIO^Uii MEMOIRS OF LOUISIANA. close the entrance to strangers and enemies ; there is, ac- cordingly, a company of soldiers with a captain always stationed there to guard it. This garrison lives pretty well in winter, as game is abundant, but, from the beginning of spring through the summer, they have to go pretty far inland to get even water to drink, for the mouth of the river is then brackish. It is true that the fishery is always abundant, but meat is more nourishing than fish, so that they take care to pickle goose, duck, teal, bustard, and sometimes crane legs, which, with a little salt pork, carry them through the hot weather. Even vegetables succeed but poorly at this post; some, however, raise Milan cabbage, but they rarely come to a-head. CHAPTEE XII. THE POST OF THE »JTCHEZ; OR, FORT ROSALIE. This post is a hundred leagues from the capital, up the river St. Louis, and was begun in 1717 by the Sieurs Hubert* and Le Page,f before any concessionary had arrived in the province. Le Page had already begun to cultivate a plot, a league n nd a half from where the capital is now, but he abandoned it to go to the Natchez with the Sieur Hubert, and built a place there. The latter, besides being a settler, was also commissary and director. He was a man of talent ; and of all that part chose, a league from the bank of the river, what he deemed the most * " M. Hubert was the king's commissary of the colony. He sided with the new governor, L'Epinay, in his animosity against Bienville, and charged him with being a pensioner of Spain, who was bribed to check the settlement of the colony." — Martin. t M. le Page ailerwards published a History of Louisiana, in which he makes free use of Dumont. HA. HISTORICAL MEMOIRS OF LOUISIANA. 81 IS ; there is, ac- captain always Lves pretty -well le beginning of retty far inland be river is then 3 abundant, but they take care iraes crane legs, irough the hot [y at this post ; rarely come to ALTE. al, up the river Hubert* and Le the province. league nnd a doned it to go a place there, mmissary and part chose, a ned the most ic sided with the ind charged him settlement of the which he makes excellent spot, where he raised a house, whicl. he called St. Catharine's. He had a great idea of this post at the Natchez, so that when there was a talk of forming a second establish- ment, he advised building the capital there and making merely a depot of New-Orleans. The opinion of M. do Bienville, the commandant, prevailed ; for having been a very long time in the country, where he came with his brother, M, d'Iberville,* the famous navigator, he was beheved to know better than any other the most proper locality for the capital of the colony. This did not discourage the Sieur Hu- bert ; he went to France in hopes of carrying out his views, and his project having in fact found favor with the minister, he was about to return to Louisiana, when he fell sick and died. After his death St. Catharine's was sold to the Sieur de Koly, and passed into his hands.f As the soil at Natchez is excellent, many Frenchmen, soldiers and workmen, after obtaining their discharge, went and settled there, and new dwellings were built. Most bought their lands of the Idnians of the place, who lay more than a league and a quarter from the river bank, in five villages half a league apart. That called the Great Village, the residence of the great chief of the tribe, was built along a little river called "White Kiver, St. Catherine's Creek. "West of this village the French built a fort on a hill and called it Fort Rosalie.:|: It was merely a plot twenty- five fathoms long by fifteen broad, inclosed with palisades, without any bastion, Liside near the gate was the guard- house, and three fathoms off along the palisade ran the * See Historical Collections of Louisiana, vol. lii., p. 10 — 20. t Sieur de Koly was afterwards massacred by the Natchez.— ffis/. Coll. of Louitiana, vol. iii., p. 155. X This fort (" Rosalie,") was built by Governor Bienville in 1716, on a blufl* oterlooking the Mississippi, the remains of which are still to be seen. f/1 32 UISTORICAL MEMOIRS OF LOUISIANA. barracks for the soldiers. At tho other, opposite the gate, a cabin had been raised for the residence of the commanding ofliccr, and on the right of the entrance was the powder maga- zine. At this post the company maintained a company of soldiers, with an ensign, sub-lieutenant, and a captain to com- mand. South of the fort was another little Indian tribe called the Tioux, who willingly traded with the French, but some years after abandoned their village to go and settle elsewhere, and before leaving sold their ground to one of the richest set- tlers in the country, the Sieur Koussin. It is certain that the ground at Natchez is the best that the French can boast of having in all Louisiana, both for its natural fertility and for its being elevated, and thus not sub- ject to be covered by the inundations of the river. And this does not prevent its having a number of fertile plains and val- leys. This canton would be veiy favorable for the culture of the vine, which would succeed perfectly, as would tobacco, indigo, Vv^hcat, flax, hemp, &c. Silk worms, too, might be raised, the forests being full of mulberries, with leaves much larger than ours. This post is indeed somewhat removed from the water, but this can be remedied by cisterns ; it may too be not impossible to find springs. Besides, the Indians of that tribe seemed much disposed to live on good terms with the French, as may have been remarked from all that we have said. For some articles of merchandise they would serve as hunters or even slaves, digging the ground, or bringing wood, water, and whatever was needed. In fine, this establishment began to prosper, and there was ground to hope that it would one day be very flourishing, when an unfortunate accident blasted in an instant these fair hopes, as we shall show. ■i»\ ii'i iiiil HISTORICAL MEMOIRS OF LOUISIANA. 33 )sitc the gate, 1 commanding powder maga- a company of ipiain to com- m tribe called ach, but some ttle elsewhere, lie richest set- ) best that the , both for its thus not sub- er. And this )lains and val- the culture of ould tobacco, too, might be leaves much removed from it may too be idiaus of that 3rms with the that we have ould serve as ringing wood, establishment that it would nate accident . show. f CnAPTETl XIII. FORT NAQUITOCHES. Fort Naquitociies is situated on Red River, so called from its sand, Avliich is really of that color. It is called by Joutcl , in his map, the river of the Oumas ; it is seventy -five leagues from the river (Mississippi), and as you ascend it, it runs W. N. W. AFrenchpostAvas established there in 1718.* The fort is a square palisade, where a little garrison is kept as a barrier against the Spaniards, to prevent their entering Louisiana, In 1722, the commandant of this post was the Sieur de St. Denis, Knight of St. Louis, and cousin of the com- mandant of the colony. He was a famous voyageur, who had not only been to Mexico, but had also visited almost all the Indians of that great continent, whose languages he spoke very well. lie was, besides, a good captain and a brave soldier, dear to the French, beloved by all the Indians frier dly to the nation, and a terror to their enemies. The ground of this post is not bad. Tobacco succeeds pretty well, except that it seems full of saltpetre, which induces the belief that the ground in that canton is strongly impregnated with nitre, and that very productive saltpetre works might be established there. This post is but a short distance from some rocks where silver mines have been found. A Canadian voy- ageur named Bonhomme, while hunting in that quarter, stop- ped two days to rest, and tried some of the ore ; he brought » This post was established by M. Bienville. In 1719 M. do la Harpc pro- ceeded with a detachment of troops as far as the Nassonite village, ono hundred and fifty leagues above Naquitoches, and established a fort there, in about the parallel of 33° 35' N. lat — o'ce La Harpers Journal in Historical Collections of Louisiana, vol. iii., p. 69. 8 ! 1 .1 li^ 'i 1 ,i t. i I : 84 HISTORICAL MEMOIRS OF LOUISIANA. back a lump as largo as an egg, which, though not well puri- fied, seemed very good silver. Forty leagues from this post the Spaniards have on this same lied River a post they -call the Cado-dc-Kious, where La Salle's companions passed .after the death of their chief.* CHAPTER XIV. THE ARCANCAS POST. This post is properly only a continuation of the establish- ment formed by the French ai~nnd the house whicli Joutel and his companions reached in the month of July, 1687,t ^"^^ where, before arriving, they perceived a cross planted, which consoled them in their pains and hardships. From that time to the present the nation has always remained in possession of that territory; and when M. le Blanc sent men to take possession of the grant made him on the Yazoux River, a hun- •dred and forty leagues from the capital, the little garrison, kept till then by the company at that place, retired to the Arcan9as post, then commanded by the Sieur de la Boulayc. There is no fort in the place, only four or live palisade houses, a little guard-liouse and a cabin, which serves as a storehouse. This French post was established as a stopping-place for those going from the capital to the Illinois. When the new settlers were scattered through the colony, each grantee of a concession went to take possession of the ground * It appears from this remark, that notwithstanding the settlement made by De la Salic, in Texas, as early as I68C, the Spaniards continued to push their claims to this country, and estahlishcd missions throughout Western Texas, as far as the banks of the Adayes, within a short distance of the Naquitoches, up to 1718. t Sec Joutel's Journal in Historical Collections of Louisiana, vol. !., p. 174. f mSTORICAL MEMOIRS OF LOUISIANA. 35 ot well puri- ■om this post a post they mions passed the cstablish- ^vhich Joutel -, 1687,t and i,ntcd, which in that time n joossession neu to take liver, a hun- irrison, kept 10 Arcangas There is uses, a little Duse. This those going eolonj, each the ground imcnt made by to push their tern Texas, as iquitoches, up i., p. 174. i assigned him ; the people sent by Law came and settled about a league from the Arcan(;as post in the depths of the woods, where they found a beautiful plain surrounded by fertile val- leys, and a little stream of fine, clear, wholesome water. This settlement began to prosper — jDavilions were already erect- ed for the officers, and cabins for the workmen, almost all, as I have said, were Germans, married men ; large store-houses were even built, and every thing seemed to promise that it would soon become flourishing, when those who composed it, learning the fall of their patron, disbanded. Most of them abandoned the post a^id returned to the capital, intending to cross over to Europe ; but the council of the country opposing this design, they chose a place ten leagues from New-Orleans, where each one settled on his own account. This place, now called the German coast, was commanded, when I left Louisiana, by the Sieur d'Arensbourg ;* the ground was very well cultivated by the new settlers, who were by no means indolent, and this place may be considered the garden of the capital. In 1721, some visionaries having assured the company that there was an cm.erald rock on the Arcangas Eiver, Captain de la Ilarpe was sent to look for it. He had with him a detach- ment of twenty-two men, with the Sieur de Franchomme as lieutenant, and one Bessan for sergeant, and, as I was then at the Yasoux as lieutenant and engineer, he took me along as math- ematician. We ascended the river for more than two hundred and fifty leagues, without being able to discover this pretend- ed treasure, probably because it existed only in imagination ; we even advanced nearly fifty leagues further by land into the country, till complaints arising in the troop, the Sieur de la * This distinguished Swedish officer was sent out to Louisiana in 1722, at the head of 250 Germans, by the famous John Law. His sword is still in the hands of his descendants in Louisiana. — Gayarrc. «■■ ,>' ill?' '''i^'-^' 36 HISTORICAL MEMOIRS OF LOUISIANA. Ilarpc, who apprehended a fate similar to La Salle's, resolved to retrace his steps and return to the capital. If, in this exjie- dition, we had not the good fortune to discover the emerald rock, which gave it rise, we had the satisfaction of traversing a very beautiful country, fertile plains, vast prairies covered with buffalo, stags, does, deer, turtles, Sjg. "Wc saw rocks of jaspar marble, at the foot of which lays slabs cut by nature's hand, others of slate and talc, very fit for making plaster. I have no doubt there arc gold mines in the country, as we dis- covered a little stream which rolled gold dust in its waters. At some distance from this stream in tL^ ArcauQas River itself is a salt spring, though it is nearly three hundred leagues from the sea. With care and labor it would undoubtedly furnish salt. CHAPTER XV. THE ILLINOIS FORT. It seems almost unnecessary to speak here of this fort, which has been called Fort St. Louis, as a description of it may be found in the Journal of the Sieur Joutel.* Neverthe- less, I deemed it not unnecessary to remark, that since the time when that author passed through, that is, 1687, the ap- pearance of the post has greatly changed. Instead of the then existing fort, of mere logs and palisades, there is now one of stone, well fortified, containing fine barracks and store- houses, Vv'ith a very convenient house for the commandant. It has a pretty good garrison, many settlers, both French and J I !!!' ( ■li * Sec Joutel's Journal in HistoricalCollcctions of Louisiana, vol. i., p. 183. k. lUSTOKlCAL MEMOIRS OF LOUISIANA. 87 sallc's, resolved If, in this cxpe- jr the emerald 1 of traversing rairies covered e saw roeks of ;ut by nature's ;ing plaster. I itry, as we dis- It in its waters. Qas River itself d leagues from abtedly furnish e of this fort, escription of it 1.* Ncverthe- that since the , 1687, the ap- nstead of the there is now icks and store- commandant, ih French and Canadian, and a large and beautiful church, served by the Ueverend Father Jesuits, who, by their zeal for the i)ro])aga- tion of the faith, their preaching and good example, have succeeded in converting almost all the Illinois Indians to Christianity. These tribes now, in fixct, form but one nation with the Canadians and French, and intermarriages daily take place between them. The winter here is very severe ; the river St. Louis is some- times frozen so hard that you can cross boldly on foot from one side to the other. In 1719, a mining company, com- manded by the Sieur Ecnault, was sent there to work at the sil- ver and lead mines, and it is certain that some were oj^ened. The enterprise was subsequently abandoned, for what reason we know not. On the whole, they grow as good wheat here as in France, and voyageurs bring down cargoes every year to the capital, where it sells at ten francs a quintal. They also bring excellent hams. Beaver are plenty in that country, and a kind of little water-rat, which, I was told, produced musk, though I would not vouch for it. In 1736; the Sieur Dar- taguette commanded at this post, which is 500 leagues from the capital, and lies in lat. 45 deg. N., long. 276 deg. CHAPTEIl XVI. THE MISSOURI POST. As it was known that the company in France readily favor- ed any proposition made for the advancement of the colony of Louisiana, an officer represented that it would be advan- tageous to form a post on the river of the Missouri s, in the vicinity of an Indian tribe of that name. This project was 88 IIISTORlCAri MEMOIHS OF LOUFSIANA. i approved, ho was named conunaiulant of the new post, re- paired to New-Orleans, showed his orders, received three boat- loads of provisions and necessaries for the execution of liis plan, and some soldiers, to act first as boatmen, then as garri- son of the fort he was to build. They sailed up in 1720, and on arriving were well received by the Missouris, who gave them a suitable site for the new establishment. A i)alisadc fort was at once thrown up, with a cabin within for the com- mandant and officers, and another for the soldiers' barracks. All went on peaceably at the new post, where they lived in perfect harmony with the Indians, when the commandant, who had formerly rambled much in those parts, and spoke heir language very well, endeavored to persuade some of them to go with him to France, where he told them he would show them everything fme. At the same time he told a thou- sand wonderful stories of that country, so that by dint of presents and promises he succeeded in getting eleven to follow him, with the great chief's daughter, who was, it was said, his mistress. The voyage being thus decided on, the command- ant embarked in some piraguas with these twelve Indians, and a sergeant named Dubois, leaving his lieutenant in command of his fort and garrison ; then descending the nver St. Louis, they landed at New-Orleans, whence, after some days' rest, they embarked for France. No sooner had they arrived than the commandant proceeded tvith them in all haste to court, where they were presented to the king ; thence they were taken to the Bois de Boulogne, where they hunted a stag in their way, that is, by running. In a word, they pleased the court. They then appeared at Paris, and danced Indian dances at the Italian theatre. The girl became a Christian, and was baptized at Notre Dame, after which Sergeant Dubois married her, and in consequence of this alliance was made an I AN A. HISTORICAL MEMOIRS OF LOUISIANA. 39 he new ])ost, re- joivcd three boat- execution of his en, then as garri- np in 1720, and souris, who gave icnt. A palisade liin for the com- liers' barracks, ere they lived in he coniinandant, parts, and spoke 3rsuade some of I them he would e he told a thou- that by dint of eleven to follow , it was said, his , the command- Ive Indians, and ant in command nver St. Louis, ome days' rest, icy arrived than haste to court, encc they were .unted a stag in :cy pleased the danced Indian me a Christian, ergeant Dubois 3 was made an ofTiccr, and commandant of tlie Missouris. What advantages could not now be expected from the conversion of tlie great chiefs daughter, and her marriage with a Frenchman ! She received presents from all tlic ladies at court, and from the king himself; nor were her Indian companions forgolten — they all received fine blue coats, trimmed with gold, and laced hats. In fine, they set out very well satisfied, and repairing to L'Orient, embarked to return home. As for the conmiandant, who had brought them, he remained in France, where he had just been made a knight of St. Louis, and afterwards married a very rich widow. The voyage of Af. and Mme. Dubois and their suite to America was a very prosperous one ; all arrived in good health at New-Orleans, and while they remained there to rest, were supported at the expense of the company, which also furnished them a boat, with soldiers and boatmen, to carry them to their village. On their way they passed to the Natchez, then to the Arcangas, and at last arrived at the ]\Iis- souris. What joy for those Indians to sec once more their countrymen, whom they had given up for lost, and see them return rich, and loaded with presents ! On their arrival there "were dances and games in all the village. Mme. Dubois re- mained at the fort, and went, from time to time, to visit her family. But, cither because she did not love her husband, or that her own people's way of living suited licr better than the French, the boats which brought them had scarcely left, when the Indians massacred the Sicur Dubois and butchered the whole garrison, not one escaping; after which Madame Dubois renounced Christianity, and returned to her former mode oi life, so that the post no longer exists. |ilM-.'.''.-!C.'SHI«i 40 llISTOmCAIi MKMOIRS OF LOUISIANA. CUAPTEK XVII. FORT MOHILE. Ml l|»' .l:|!n|( iIImLo'II I iiAVK now only to speak of Fort Louis do la Mobile,* built by the French on a river of that name, which empties in tl^ bay opposite Dauphin Island. The fort, -which is only fifteen or sixteen leagues from that island, is built of brick^ and fortified by four bastions, on Vauban's system, with half- moons, a good ditch, a covered way and glacis. It contains a storehouse, barracks for the nunicrous garrison always kept up here, and a pavilion for the commandant, who was, in 1735, the Sieur Diron Dartaguctte, royal lieutenant of the province. I confess that I do not understand Avhy this fort was built, nor of what utility it can be ; for though it is a hundred and twenty leagues from the capital, descending the river, yet all that is needed for the support of the garrison must be brought from there, so poor and sandy is the ground on which it stands, producing only fir and pine, and a few vegetables, by no means of the best. There art, consequently, very few set- tlers there. The only advantage enjoyed by the post is a mild and healthy climate, and a facility for trading with the Spaniards, who arc quite near. The winter is not very severe, and is the most convenient season, as game is then abundant. In summer, however, the heat is excessive, and while it lasts they live only on fish, which is very plentiful on the coast and in the rivers. * The first fort of Louis dc la Mobile was built at the mouth of Dog River, in 1702, where the remains of it, with some iron cannon, was seen by Bartrara the botanist, in 1777. This site was afterwards abandoned, and another selected in 1711, by the French commandant, at the mouth of Mobile river, where the city is now built. A. HISTORICAL MEMOIIIS OP' LOUISIANA. 41 .0 la Mobile,* ieli oiniitics in vhicli is only xiilt of brick, jm, with liull*. It contains a always kept who was, in tenant of the 3rt was built, hundrccl and river, yet all t be brought on Avhich it 2gctablca, by k^cry few set- ic j-jost is a ug with the verv severe, n abundant, hile it lasts u the coast of Dog River, en by Bartram lother selected vcr, where the Such arc in general the French posts?, first established by the nation, and manned by our troops. A new (jno was sub- sequently Ibrtned at Pointe Coupee, of which 1 will speak hereafter. I now return to the alltdrs at the ca])itul. -si- 'I CHAPTER XYIII. ARRIVAL OF THE ROYAL COMMISSARIES AT PiEW-ORLEANS—ESTAB- LISHMEjyr OF A COljyvlL IN THAT CAPITAL. While the colony was thus endeavoring to extend and plant itself firmly in the province of Louisiana, by forming different posts and establishments, the capital daily increased by the number of new settlers, who came and took sites to build. At first, as I have said, very neat wooden houses were raised, brick was then used, but in general all are built stir sole. In a word, New-Orleans began to assume the ap- pearance of a city, and to increase in population, when two commissaries of the king arrived in 1722, sent by his majesty to dispense justice. They had left Franco in the ship Venus, which anchored at Sliip Island, where a boat took the two commissaries on board, and brought them to the Bayou St. John, whence they came on foot to the city, and made their en- trance, accompanied by two Capuchin Fathers. Their coming being unexpected, occasioned considerable surprise. The two commissaries were the Sicurs du Sausoy and De la Chaise.* As soon as they reached their residence, which was merely a * Do la Chaise was the nephew of the celebrated Jesuit Father of that name. He was sent by the India company, in 1723, to exercise inquisitorial powers over the affairs of Louisiana, and to report outhe conduct of the administrators of the colony to government. — Gayarre. m 42 niSTOEICAL MEMOIRS OF LOUISIANA. 1 I 'n,,:4. :'l;iilii' 'i'iiii ■wooden house, built with boards on the sides, and a roof of cypress bark, they received the felicitations of the com- mandant-general of the country and his whole staff; after which they immediately entered on the duties of their office. It is useless here to detail the innumerable complaints then brought before the tribunal ; it is enough to state, to their credit, that they administered justice to all with most perfect impartiality. Among the rest the soldiers of the Yazoux gar- rison, wlierc M. Ic Blanc and his associates had an establish- ment, felt its effects, for on their representation of the vex- ations, injustice, and monopoly practised by their commander towards them, they were not only reimbursed by a fine, which that officer was compelled to pay them, but he even had the mortification of being broken. In a word, all the colonists blessed God and his majesty for the arrival of the commissa- ries, and though their joy was damped by the death of one, the Sieur de Sausoy, who was carried off by the spotted fever, after an illness of three days, they were consoled by the health of the other, whose impartiality never wavered, and who, from Eoyal Commissary became Ordonnateur of the Council, enabled them, till his death, to enjoy the benefit of his equity. Soon after the arrival of the royal commissaries, the Galatee anchored before the capital, bringing from France several per- sons, intended to form the council about to be established. The chief were the Sieurs de Brusle, Perry, Fazende, and Flcuriau, the last of whom was both councilor and attoruey- general. In the course of time some others arrived, so that insensibly the council filled up. Then nothing was wanting in the city but a lieutenant of police, who is absolutely necessary. M n.i) HISTORICAL MEMOIRS OF LOUISIANA. 48 i CEAPTEE XIX. FIRST INDIAN HOSTILITIES AGAINST THE FRENCH— A PARTY OF CHICKASAfrS SURPRISES, A FRENCH CABIN. It was about tins time, that is, 1722, that Indian hostilities broke out against tlic colonists. A hundred and sixty leagues from the mouth of the river St. Louis is a river called Yasoux, where ]\I. le Blanc and his associates had, as I have said, a concession lying five leagues above the mouth of that river. The post was very prettily situated, and a fort* had been built to defend it against tlie Indians. However, two sergeants of the garrison chose grounds in the neighborhood, which they improved on their own account, and even built cabins, where they persisted in sleeping, in spite of numerous warnings that some accident might befall them, thus out of the fort at night. This misfortune happened but too soon for Sergeant Eiter, one of the two, whose cabin was the more distant from the fort, and lay on a rising ground. While sleeping there one night with his wife, and a sou some fifteen or sixteen years old, a party of ten or twelve Indians glided noiselessly by the clear moonlight into his cabin, the door of which was closed by a mere curtain. They did not get in so quietly as to avoid awakening the sergeant ; he immediately put his hand out of bed, and seized liis gun, and after calling several times, "Who goes there ?" tried to fire when he received no answer ; but, unfortunately, of seven or eight guns tliat he had, he had chosen the only one unloaded, so that the Indians seeing his arras useless, sprang on him before he had time to change. *This fort was called St. Peter's. A short distance above the fort were the villngcs of the Coroas, Offegoulas and Oatsccs, built upon mounds artificially made. — Historical Collections of Louisiana, vol. iii., p. 05. m \!m •■"■'^ ■Jt'i lili' HII W 't'''^^'M'\ li *''li::i! !!l!! 44 HISTORICAL JIEMOIRS OF LOUISIANA. dragged liiin out of bed to the middle of his cabin, scalped him, and gave liim in the back a blow, with a kind of toma* hawk, (casse tete li fleur de lys,) which went right through him. While some were engaged in treating the poor fellow thus, others seized his Avife, and took her out of the cabin to a ra- vine, intending to carry her oft* to their village as a slave. Meanwhile the sergeant's son, awakened by the noise, got up in his shirt, and reaching the door, made for the fort, crying with all his might for help. One of the Indians perceiving iti pursued him and wounded him with an arrow, Avhich went through his wrist. The boy fell, and the Indian sprang on him to scalp him, but as his skin was too tender and delicate to undergo the operation, it came off in strips ; he then tried to cut^iis throat, but fortunately only cut the skin. During all this cruel mangling the poor boy, cither because he had fainted or pretended death, uttered no cry ; this saved his life, for the Indian, supposing that he had killed him, left him weltering in his blood, and returned to the cabin. On the other side, the sergeant's wife, when led to the ravine, seeing herself guarded only by two Indians, and believing her husband and son both massacred by the savages, resolved to avenge their death and expose herself to the fury of their murderers, rather than be carried off a slave. While leaving the cabin she had caught up a wood-cutter's knife, which she slipped up the sleeve of her chemise. At a moment when her guards least expected it, she drew it, and dealt one so furious a blow that he fell dead at her feet ; she drew it out and struck the other, but less successfully, giving him only a deep wound. At his cry, his companions ran up, and the brave woman fell, pierced with arrows. This expedition was not gone through so quietly as not to awake Sergeant Desnoyers. who was asleep in his cabin, only 1 I I HISTORICAL MEMOIRS OF LOUISIANA. 45 a sliort distance from the scene of this bloody tragedy. lie arose, and hearing a noise near liitcr's cabin, fired a musket, which alarmed the fort. A party of armed soldiers immedi- ately ran out, and on the way, found the sergeant's son, whom two carried back to the guard-house. Meanwhile, the musket which had been a signal for the soldiers to sally out, had warned the Indians to decamp ; they did so instantly, carry- ing off all they could from the cabin. When the soldiers got there, they found the poor sergeant on the ground stripped even of his shirt, and weltering in the blood which flowed from his wounds. They put him on a litter, and carried him to the fort to the guard-house, where his son was. The latter, seeing the eagerness of M. Bailly, the surgeon, to dress his father's wounds in spite of the state he was in, could not but exclaim: " Alas! help me first, my father is old, and cannot get over it, while I am young and may escape." The com- mandant of the fort would not let the surgeon probe their wounds nor apply any remedy, intending to be their Escula- pius himself He had a kind of flesh-colored stone about the size of a nutgall, which he put for some time in warm water, till it had colored it ; then, with this water, he syringed the wounds of both, and bound them up, and then, without removing the bandages, wet them with the same water every five hours. In a week both were perfectly cured, having nothing left of their wounds but the scars. The surgeon had no hand in this cure but the sewing up of the boy's throat. Meanwhile, the detachment which had left the fort was in pursuit of the Indians, but with all their efforts could not overtake them. They were, too, overtaken by a storm and violent rain, which made them come back much quicker than they had gone. On the way the soldiers found many things taken from the sergeant's cabin, as stoves, kettles, &c., which > ■ A 46 mSTORICAL MEMOIRS OF LOUISIAifA. f ■ :t I' itlllllii .'ii i lli : the Indians liaJ thrown down on the way. They also found several carved sticks scattered here and there on the ground, which showed that a Chickasaw party had struck the blow. Sergeant Eiter's wife was also found, and near her the body of the Indian whom she had killed with her own hand ; but both bodies had been scalped by the Indians before their departure, leave no trophy to their enemies. There was then an Illinois in the fort, who, seeing the French return without overtaking the enemy, undertook to avenge the blow. He asked the concession store-keeper for some powder and lead, and having got it, set out, and returned three days after with three scalps, which he had taken from three Indians whom he had killed in their way, that is, while asleep or off their guard. Of these three, one was the Indian wounded by Sergeant Eiter's wife ; and the others, two com- panions assigned to accompany him and help him to walk. The Illinois was rewarded for his bravery, and seemed quite satisfied with the presents, which he received on that occasion. About a fortnight after this sad accident, which happened on Whitsun-eve, there came to the fort either the very Indians who had struck so treacherous a blow, or others of the same tribe, bringing the calumet and presents to the commandant. They were very well received, and were even shown the sergeant and his son, but either from the shock of such a visit, or from his wound opening at the approach of his assassins, he was taken with a violent fever which carried him off three days after. His son escaped, and by the protection of the illustrious master in whose concession he served, obtained entrance into the Invalides the next year. !ii ^ !ll'lii'i|lj||j HISTORICAL MEMOIKS OF LOUISIANA. 47 CHAPTEE XX ONE OF THE DIRECTORS OF THE CONCESSION OF ST. CATHARINE'S WOUNDED BY THE NATCHEZ, INDIANS. This act of hostility on tlio part of the Chickasaws was soon after followed by anotlicr accident, wliicli showed that the Natchez were not better disposed towards us. The establish- ments formed among the Indians of that name were not got up in the same way as in the other cantons of the province, where, on choosing a site at pleasure, it sufficed to present a petition for it to the council, who never failed to sign it, after inserting certain clauses : this act supplied the place of a contract of sale, and was a title for lawful possession of the lands ceded. On the contrary, those who first settled at Natchez bought the ground they intended to occupy of the Indians actually on the spot, who, by this trade, became attached to the French, and friendly towards them. Things were in this state when the inconstancy or malignity of these Indians gave rise to an event, productive in its results of very sad consequences. It may be, too, that the Sieur Guenot drew on himself the misfortune which happened ; at all events, it was suspected that he was attacked only because he he had in some way offended the Natchez Indians of the White Apple Village. He was one of the directors of the concession of St. Catharine's, and one day, when he had been to dine with the commandant of Fort Eosalic, he was wounded in the right arm by a musket-ball fired at him by an Indian, as he was crossing a wood on his way home. Happily the wound did not prostrate him ; he pushed on and reached the ij 48 HISTORICAL MEMOIRS OF LOUISIANA. ii '! ill H , '; i|: :i vim' I'll m iii; concession, where the Sieur de St. Ililairc, the surgeon, gave it a first dressing. The Indians on tlieir side, vexed at having missed their blow, turned all their fury against another Frenchman, a soldier in the garrison, by name La Rochelle, who lived in an isolated cabin a short distance from the fort, and who, believing that he had nothing to fear from the Indians, had even neglected to close it by a door. One night while he was asleep, they entered, killed and scalped him. The French needed no more to see that the Indians had declared war against them. Guenot, justly apprehensive of falling into their hands, abandoned his house and returned to the capital, both to avoid a worse mishap and to have his wound cared for. It was in a good way and gave hopes of a speedy and perfect cure, but refusing to follow the surgeon's advice, to mortify his inclination and avoid drinking, gangrene set in and he died. The commandant-general of the country was no sooner informed of these two acts of hostility committed by the Natchez Indians, than he resolved to avenge them. For this purpose ho ordered a number of troops to embark in four boats imder the Sieur Paillou, who was acting major-general in the colony. This little army reached Natchez, and was preparing to attack the Indians, when the Stung-Serpcnt, then great chief of the nation, came to present the peace calumet to the general, and in a harangue, assured him that he ought not to attribute the acts of hostility complained of to the Indians of the Great Village, nor those of Flour Village, but to those of Apple, Jenzcnaque, or Gray Village. That besides the Indian who had committed the deed had lost his sense when he did it, that is, was drunk, and was not now in the village ; that on the whole his people were friendly and well inclined to the I ■;1 1 ■m f i. HISTORICAL MEMOIRS OF LOUISIANA. 40 lurgeon, gave missed tlieir 'rcncliraan, a 10 lived in an rbo, believing IS, had even vhile he was Indians had Drehcnsive of d returned to ,ve his wound s of a speedy peon's advice, ngrene set in as no sooner tted by the m. For this : in four boats eneral in the as preparing then great umet to the jught not to ic Indians of to those of s the Indian hen he did age ; that on ined to the French, so that it was useless to come and declare war upon them ; that liis nation did not wish a war with the French, and that he asked for peace. The Sicur Paillou, learning from the people of St. Catharine's that the blow had in fact been struck by the Indians of White Apple Village, replied to the Great Chief, by Sieur Papin, the interpreter, that he liked his reasons, which appeared just and legitimate, but that it cost a good deal to cure the wounded Frenchman, and that, if he wished peace, it was but right he should pay something as a compensation. The Stung-Serpent agreed ; he taxed the three villages, White Apple, Jcnzenaque and the Grays, to furnish a certain quantity of poultry per cabin, which were all brought in. As soon as they were put in the boats the troops re-cmbarked and returned to the capital. Thus ended the first expedition in a composition, which they preferred making with Indians, who still seemed to prefer their friendship to running the risk of an uncertain war. CHAPTER XXI. COSTINUATlOrf OF INDIAN HOSTILITIES.— THE COMMANDANT MARCHES . AGAINST THEM. This peace was not of long duration ; and I may almost say that the French general and his troops were scarcely at the capital, when the Indians resolved to repay themselves for so much poultry furnished against their will. This time indeed they did not go so far as to attack the French in person, but they ravaged St. Catharine's concession, killing the cattle and even the horses belonging to it, when they found any. ni ■is m 1 50 HISTORICAL MEMOIRS OF LOUISIANA, 11'- ^ il, .li r .l.:.^ll .1 ,,,; • .-, ■ m. This settlement liad none to defend it but a small number of workmen and some negroes ; so, seeing themselves daily ex. posed to the persecution of the White Apple, Jenzenaque and Gray Indians, they applied to the commandant-general of the country, begging him to take them under his protection and defend them against these outrages of the Indians. That officer, wishing to establish order, resolved to go to the spot in person ; he chose of the colony such troops as seemed best to accompany him, armed five boats and some piraguas, and, set- ting out about the middle of October, reached Natchez at the end of the month. On its way up the St. Louis this little army stopped four days at the Tonicas, whose chief, a Chris- tian and a good warrior, joined the French with a party and followed them in the war. It must be remarked, that the Terre Blanche concession, which had, as we have elsewhere said, been established at the Natchez, had, after first belonging to the Cldracs, been ceded to M. Ic Blanc and his associates, who had previously settled at the Yazoux. At the time we are speaking of, this conces. sion was commanded by a brave officer named the Sieur de Liettc (Le Sueur). As soon as the commandant-general arrived at the Natchez,* he proceeded with his staff to Sieur Barneval's, who then com- manded Fort Eosalie, and supped there. After supper, he ordered several pieces of Kouen cloth, which he tore in strips and distributed to all the Indians attached to the army, with orders to tie them on the arm, so that the French who accom- panied them, and were ignorant of the distinctive marks * This is what is called the second war of the Natchez. The expedition con- sisted of about seven hundred men, under the command of Bienville, who left New-Orleans for the Natchez country in the month of October, 1723. — Gayarre. HISTORICAL MEMOIRS OF LOUISIANA. 51 concession. of the several nations, might by this mark at least recognize those of the friendly tribes. Besides the Tonicas I have men- tioned, the army had been joined by some Yazoux Indians and by a party of Chactas, commanded by Redshoc.* In the morning, the commandant wishing to give the enemy no time to fortify or even escape, put his troops in march in two columns towards the concession St. Catharine's, the place assigned as a general rendezvous for the army. It was com- posed of the company's troops, soldiers of the Terre Blanche concession, several townsmen, Canadians and volunteers from the capital, and some of the Natchez settlers. The first column followed the high road leading from Fort Eosalie to St. Catharine's; the other took a little path across the prairies and dales ; the whole army having met at the rendezvous, passed the night there, sleeping in the open air under arms, awaiting the general who slept at the fort, where the Stung- Serpent soon came to ask pardon for his nation. He avowed that the people of White Apple, Jenzenaque and the Gray Village, were really in a state of insurrection, which he himself had been unable to put down. All that he could obtain of the commandant was, that his vengeance should extend only to those three villages, with a promise to spare his Great Village and the Flour (Corn) Village for his sake, as he knew that the latter had taken no part in the recent outrages. The next day, the commandant having arrived, the army was set in motion towards White Apple Village, defiling across the woods by narrow paths, where the soldiers had to pass in Indian file. It was All-Saints'-Day. All the troops marched in silence, so as to succeed in surprising the enemy. On the way, they came to a cabin where three squaws were pound- it I -f!'- i' i:-i • In Poorc's Documents, Boston, is a copy of an English captain's commis- sion to Rcdshoe. 52 HISTORICAL MEMOIRS OF LOUISIANA, ing maize at the door to make sagamity. As soon as they perceived such a number of French in arms with Indians in war paint, they instantly k^fl their work, and entering the cabin, closed the door. It was a mud -cabin, and there were inside three men, who, seeing by the loop-holes in the wall that they were the subjects of the French, seized their guns and began to fire through the openings; but as there were only three, the French arranged themselves so that no one was hurt. Meanwhile, a recent settler at Fort Rosalie, wishing to profit by the commandant's premise, that whoever took a squaw might keep her as a slave, in hopes of carrying oiF one of those he had seen, and witliout observing the risk he ran, left the main body and ran up to the cabin door. He seized it with one hand at the iOY> to pull it down, but as it was merely of dry canes bounded and interlaced on two cross canes, one of the three men inside took aim at him across the canes and shot him through the heart. The Frenchman fell dead, dragging the door Avith him, and there leaving a free passage to any one who would avenge him. A settler, a good gentleman of Beam, named the Sieur Mespleix, undertook it ; he entered the cabin at the moment when the Indian had fired, and instead of killing him, as he could have done with his musket, he ran up to seize him in hopes of having him as a slave, if he took him alive. The Indian not having time to reload, and seeing the Frenchman approach, struck at him with the stock of his gun, but missed him, and the Sieur de Mespleix at the moment seized him around the body and carried him out of the cabin. When he got out, the command- ant ordered one of our Indians to kill and scalp him, having resolved to give no quarter to the male portion ; at the same time he promised the settler to give him the first Avoman taken by our Indians, As for the other two Indians they were niSTOUICAL MEMOIRS OF LOUISIANA. 53 S the risk i.2r him as a i killed by some Frenchmen who had meanwhile entered the cabin. One of theni, the Sieur Tisscr, had cauyht two of the squaws, who had hid under a bod; the third was taken by another settler. After this lirst expedition the army resumed its march on White Apple Village, but the shots fired had warned the Indians to decamp, and they had all dispersed in the woods or in the neighboring villages, so that on reaching there the army found but empty cabins. They halted in the village square, and the commandant, thinking that the Indians might go to the de- serted cabin and scalp the Frenchman, sent a party to burn cabin and body. Ue then set fire to the village, and as the day was waning, the army resumed the road to St. Catharine's. They arrived there at nightfall, and spent four days resting without anything new transpiring. On the fifth, the command- ant divided the army into two corps, and put the Sieur Paillou in command of one, with orders to take the same route as be- fore, ami putting himself at the head of the other, ho marched on the village of the Grays, which ho reached by roads worse even and more difTicult than those I liave already mentioned. No Indians were found there, but merely a temple and some scattered cabins, all Avliich he reduced to ashes. Meanwhile, the troops were dying of thirst, and as each tried to find some water, a settler found accidentally a squaw, probably more than a hundred years old, as her hair was quite white, a thing very unusual with the Indians. He took her to the general, who, after questioning her and finding where the water was, abandoned her, as a useless burthen to the earth, to a little slave of his, who scalped and killed her. The army then con- tinued its march, meeting the same difficulty and fatigue, obliged every moment to cry out , " Halt in front," and the next, " Close up rear." Certain it is, that had the Indians had 1 m ■Mi 61 niSTOUICAL MEMOIRS OP LOUISIANA. ■' ii ■I' I f *ili li'ij • 1 ■''■"- ll ! ; ■f- ''di < '■:[ i courftgo or sonso enough to assoinblo and lay ambushes in some ravines, tliey could Imvo cut the whole army olV. At lust they got out of tlio woods and defiles, and the troops having entered a vast plain, the grass of which had been burnt, they discovered at a distance a hostile Indian armed with a gun, apparently on the look-out, examining our army. As soon as he was seen, a Frenchman named Marcclial earnestly begged the couirnandant to permit him to run on the Indian, which he refused ; but at last, overcome by his importunity, ho agreed. Marcchal dashed oif like an arrow, without his musket and with only a knife. The army, uncertain as to the issue, halted to witness the result. The Indian, seeing only one unarmed man approach, believed himself strong and skilful enough to meet him; he awaited him coolly, and, as ho came within gunshot, fired, but missed him. lie then fled across the prairie, pursued by his enemy, who at last over- took him and plunged his knife in his back. The Indian fell at the blow and the Frenchman on him; but, the next moment, the latter was up, and shouting the death-cry, scalped his enemy, and came in iriumph to present the trophy to the general, who in return ordered some goods to be delivered to him. Soon after, Redshoc, chief of the little Choctaw party that had followed the army, having perceived four women running away, pursued, took and brought them to the general. He questioned them, and by their answers learned that, half a league off, at the Jenzenaque Village, fifty Indians awaited us stoutly, resolved to conquer or die. On this the army wheeled about, and the Tonica chief took the lead, marching right on the enemy. Some time after, a strong cabin was discovered built on a height ; here it was believed the Indians were to be found. The drums beat at once and the fifes struck up, and the army, forming in a square battalion, advanced on the cabin. iiilil HISTORICAL MEM0m3 OF LOUISIANA. 05 The Touica clilof who wiw at tlio lioiul first roacliod the licii^lit; ho approu'jliud the cabin, oxamiiioil it, i)Ut loiiml it empty. The Indians hail abandoned it, and so procipitatoly, tliat they had left behind some guns, balls, and horns full of powder. The Tonica cliief taking a turn around the height pereeivcd below him one of the enemy's chiefs, called " The Little Sun," or rather they both at the same instant saw each other, aimed and fired. The Tonica chief stretched his enemy dead on the spot, but foil himself dangerously wounded. The ball that struck him had entered his mouth, gone through his cheek, and, glancing along the breech of his gun, had broken his shoulder-blade. The Indians seeing him fall and believing him dead, raised frightful cries and yells, but some Frenchmen running up found that he still breathed. They lifted him up and lai< 1 him on a litter, and putting him in the centre of the army, all marched back towards St. Catharine's ; but being surprised by night, had to encamp in a prairie, where each one lighted a fire to warm himself, for they had no tent or covering ; they had not even brought i3rovisions. About midnight the Indians began to fire some blank cartridges, as they always do when near an enemy, to show him that they are on their guard. Unfortu- nately, the Terre Blanche company, commanded by the Sieur de Lietto, was unaware of this Indian custom, and believing it to be a sudden attack of the enemy, seized their arras and were already marching to the spot where the firing was, when the commandant, informed of the mistake, sent an aid-de-camp to order them back to their quarters. The next morning at daybreak the army resumed its march, and at nine o'clock reached St, Catharine's, where a strong de- tachment was left to protect that settlement against the out- rages of the Indians ; the rest of the troops retired to Fort 1 ■ff I '. ir ■ ■"«*■ 56 HISTORICAL MEMOIRS OF LOUISIANA. Rosalie, where Dc Liett's company was disbanded, and re- turned to Torre Blanelic. Tl^c commandant meanwhile was thinking of bringing the war to a close, but he did not wish to do so without making it cost the Indians not poultry, as it did at first, but blood worth shedding. In this state he summoned the Stung-Serpent, and the latter having instantly presented himself, the commandant told him that he re- voked his promise not to attack the Great Village, as he learned that they harbored his enemies. To this the great chief, who was really our friend, made no answer, but a re- quest for peace. " I grant it," said the general, " but on these terms. You know that there is among your people a negro who formerly belonged to the French : bring me his head and that of Oldhair, chief of AVhito Apple Village, and promise me ever to regard the French as jonr friends and brethren ; on these two conditions, I will grant peace." Now, this negro, whose head was demanded, was a free black, who, instead of settling among the French, hod gone over to the Indians, and even made himself head of a party. It was justl}'" feared that he would teach them our way of attack and defence, and it was thus absolutely necessary to get rid of him. The Stung-Serpent submitted to all required of him, and asked only three days to perform it. This was granted ; and two days after ho brought Oldhair's head, and the negro's the day after. Then the commandant, seeing the war ended, left orders with the commandant of Fort Rosalie, and also for the groat chief, and returned to the capital, after having restored peace and tranquillity in those countries.* * See Memoirs of the first Natchez war in His. Coll. of La., vol. iii., p. 241. HISTOBICAL MEMOIRS OF LOUISIANA. 57 CHAPTER XXII. RECALL OF THE COMMANDER OF THE COUNTRY TO FRANCE— LOSS OF THE B ELLON A. During the Natchez war died the Sieur de la Tour, lieuten- ant-general and brigadier of engineers in Loiiisiana ; he was succeeded by the Chevalier de Loubois, who was sent to the province as king's lieutenant. Sometime after, that is, in 1725, the ship Bcllona having arrived at New-Orleans, the captain delivered the dispatches, of which he was the bearer, to the commandant-general, who found them to contain an order from the company to return to France. He immediately pre- pared to embark, and having taken leave of his friends, went to Mobile, and thence to Dauphin Island, to await the same vessel, the Bellona, which was to take him to Europe. In fact, the ship had no sooner taken in her cargo, than she sailed out of the river, and anchored in the roadstead of Dau- phin Island. Here an accident at once befell her — her shallop upset in the Major's Ilole ; happily no one was drowned, and the shallop was saved ; but as this happened on Holy Saturda}''^ their departure was postponed till Monday, on account of the great festival of Easter. At daybreak on Monday, the shallop and canoe were le^ down to go to Dauphin Island, to bring on board the com- mandant, and his brother, who was to accompany him, as well as their baggage. They had hardly reached land, when they heard signals for help from the Bellona — two cannon fired in succession, followed, after an interval, by two others, this be- ing a usual signal at sea. The weather was delightful, there was not a breath of wind, yet the ship was going down, some ■ Y: 'Ifl m it's :m '^^i wpiyappi « Mimmmti^mim ' WHM; i 1 'fgfl J ^ jBSISBaBBBSBi 58 HISTORICAL MEMOIRS OF LOUISIANA. planks having started near the keel. In this pressing danger, each souglit to escape impending death ; some tied themselves to the yards and cordages, awaiting the return of the boats, others jumped overboard, and swam to the Heron Islands. A fatlicr Avas drowned trying to save his son. At last the ship A\ out down, with all her cargo, no part of which could be saved. This was a serious loss for the company. Afler this accident the commandant returned to the capital, where he spent four or five months, and then embarked on the Girondc, leaving the direction of affairs in the hands of the Sieur de Boisbrant, captain of the Illinois country, whom the company had appointed as commander in his absence. Since the period of the Natchez war a change had also occurred in the council ; the Sieur de Salmon was sent out from France as commissairc ordonuateur, in place of M. dc la Chaise, who had died. CHAPTER XXIII. NEW TROUBLES WITH THE NATCHEZ INDIANS. As the captains sent by the company to command in each post remain only as long as the commandant-general thinks lit, the Sieur de Barnaval, commandant at Natchez, was replaced by the Sieur de Lictte, who was, in turn, succeeded by Sieur Broutin, as commandant of Fort Eosalie, and at the same time director of the Terre Blanche concession, where there were many workmen and negroes to superintend. Sieur Broutin, finding it impossible to be in both places at once, chose to re- main at the concession, and left me to command at the fort in his absence. HISTORICAL MEMOIRS OF LOUISIANA. 59 ing danger, themselves the boats, )n Islands. \-t last the hich could ny. After ital, where ed on the mds of the whom the ;ce. Since ccurred in L France as haise, who id in each thinks fit, 3 replaced by Sieur same time bore were Broutin, lose to re- he fort in ' :■¥ The post was then in great tranquillity, and the Indians, after the last war, had begun to live on good terms with the French, when an accident happened, which, but for the pru- dence of the commander, might have caused new troubles. They had at Terre Blanche live stock of all kinds, oxen, cows, bulls, horses, &c., which went every day to graze in the plain. Now it happened one day that an Indian struck a marc on the left side with a lilj'-dieaded tomahawk, and as tliis did not satisfy him, cut off her tail. This is regarded among the In- dians almost as brave and valiant a deed as bearing off a scalp, and was consequently a declaration of war. The mare was fortunately found in this state, and brought to the conces- sion, where a veterinary surgeon cured her. Sieur Broutin determined to have reparation for this act of hostility, and being not averse to sounding the intentions of the Indians, who might have attacked the mare only because he did not dare to attack the French personally, sent for the Stung Serpent. He came immediately, and Avhcn asked by the commandant whether he and his people were tired of liv- ing on good terms Avith the French, asked, in turn, why such a question was put to him. Sieur Broutin explained it, and even showed him the mare ; but the Stung Serpent protested that the blow had not been struck by any one in his nation and even wished to lay it on the Little Tioux tribe, who lay about two leagues west of the Great Village, and one south of Fort Eosalie. On this ' answer, Sieur Broutin at once dis- patched a messenger to Bamboche, who was considered the head chief of the Tioux, to summon him to speak with him. He came, but when the commandant stated what had hap- pened, and what the head chief of the Natchez said of his village, the Tioux chief, who was a rogue at bottom, main- tained that this could not have come from any Ir uian in his •JP I <^>:mmmm9imi ■mmmmmmmm ll 1 1'; ''' ■'''!'': ■ ;'t| ,1 ■. ':; It: ^ ^ 1 1 60 HISTORICAL MEMOIRS OF LOUISIANA. village, as no one had a tomahawk of that description, and that it was beyond a doubt the work of the Stung Serpent's own people, as they had many in tlieir five villages. Offended at this answer, the Stung Serpent abruptly left, saying: "I see what it is ; I will set all right." He returned to his vil- lage, and assembled his chief men. As soon as he was gone Sieur Broutin armed his troops, and sent a messenger to the fort to tell me what was going on. On this news I loaded the cannon of the fort, beat to arms, as- sembled all the settlers by firing a cannon, and warned them to be on their guard, and retreat to the fort, with their wives and children, as soon as the cannon was fired again. These precautions were, however, useless ; the Stung Serpent, hear- ing the cannon, at once imagined that the French were about to make an attack on his villages, and to prevent it, set out with his chief men to present the calumet of peace to the commandant of Terre Blanche. lie at first declined, and told the great chief to return to his village, and that he would bring him another calumet there. At last, however, he yielded to the Indian's entreaty, as he earnestly begged him to receive him and his people as friends ; but in the address which he made, he asked whether it was right that the con- cession should lose a mare in that way. The Stung Serpent agreed that this was not fair, and to repair the wrong, he con- demncd every cabin in all the villages of his tribe, including the Tioux, to furnish the concession a basket of corn, which was all brought in in a week. At the same time Sieur Brou- tin intimated to the great chief that it was not enourrh to have made peace with him, unless he made peace also with his lieutenant, who commanded at the fort, and was no less dis- pleased than himself. This induced the Indians to come to Fort llosalie, where I was similarly regaled with the i HISTORICAL MEMOIRS OF LOUISIANA. 61 rlption, and g Serpent's , Offended saying: "I to his vil- troops, and i going on. to arms, as- arned them their Avives lin. These rpcnt, hear- were about t it, set out 3ace to the id, and told he would |)\vever, he egged him he address at the eon- ; Serpent ig, he con- including orn, which icur Brou- cnough to also with 10 less dis- to come Avith the M 1 calumet, the Avhole garrison being under arms Avhilc the cere- mony lasted. The corn, obtained by this contribution, Avould more than have paid for a Avhole regiment of cavalry, as there are only tAvo baskets in a quarter of Avheat, containing 120 pots, Avhich then sold at thirty livres. Thus the j^rudence of the commander on this occasion prevented our nation's be- coming the sport of the Indians, avIio, at bottom, liked the French, and paid quite dearly for the fault of an individual. Sieur Broutin did not remain long at Fort Eosalie after this event, but Avas recalled to the capital, and succeeded by Sieur de Tisinet, Avho, to acquire the friendship of the Indians, showed them hoAV to build palisade forts, in the French fash- ion, acting here against my advice. This ncAV connnandcr re- mained not more than a year at Natchez, Avhen he Avas suc- ceeded by Sieur de Merveilleux, Avho j^rotected the inhabitants of the post, by Avhoin he Avas equally loved, and under Avhosc government the French ahvays lived in perfect har- mony Avith the Indians. CHAPTER XXIV. ARRirjL OF A KEW COMMANDANT AT THE CAPITAL— THE SIEUR CHOP ART SENT TO NATCHEZ. BoiSBRiAXT had not commanded over a j'car in the coun- tryi Avhen a ncAV commandant arrived, Avhen least expected. He Avas a brave officer of the marines, a knight of St. Louis, by name Sieur Perier, in Avhose praise it may be said that he made himself equally dear to the troops and settlers, by his equity and beneficent generosity. Scarcely Avas he installed in his post, Avhen all the country began to flourish more than m ' 4 ■••1 ■ffll Hi ■«WP ^.;;^i*^^^^l^;'ylrjip^lll^]l■.■Jf|p.,...^^^_^-^^J^_^JJ^^^ I ; i' r'li'ii I I 62 HISTORICAL MEMOIRS OF LOUISIANA. ever. All vied in forming new establishments, the officers even, imitating the commandant, began plantations. The company having sent some negroes, as it did, from time to time, the Sieur Perier divided them witli the greatest impar- tiality, Avithout favoring any, and gave some to several set- tlers, who had never been able to get any since they came into the country. If a house was burnt, he was the first to lend a hand to rebuild it. If any dispute occurred between two settlers, he heard them apart, then face to face, and ren- dered justice Avithout preference or distinction. In a word, he was at once beloved and feared throughout the country, ever ready to render a service to those who had recourse to him, and punishing with severity, when the fault deserved it. Under so just a government, each one set about completing and improving his new establishments ; and the settlements formed at Natchez, though a hundred leagues from the resi- dence of the new commandant, prospered more and more every day, by the care he took to supply the post with all that could render it solid and flourishing. This state would, un- doubtedl}^, have lasted, had they not at the same time recalled Sieur do Merveilleux, who, as I have said, then commanded at Fort Eosalie. Ilis successor was Sieur Chopart, who was no sooner in his post, than, instead of seeking to secure the friendship of the people, whom he came to direct, thought only of tyrannizing, ill-treating all whom he suspected of not being his friends, trampling on all justice and equity, always inclining the balance in favor of such as he wished to favor, despising even the royal ordinances, and neglecting the service to such a degree as to leave it in the hands of sergeants, who, seeing themselves no longer controlled by officers, abused the power given them. There was, as I have said, at the Terre Blanche concession. HISTORICAL MEMOIRS OF LOUISIANA. 63 then belonging to the Marshal Duke de Belle Isle, a company of soldiers, maintained to preserve the concession property, and defend the laborers engaged there. Sieur Chopart under, took to draw them off on his mere authority, and leave only eight soldiers and a corporal. The Sieur Desnoyers, then di. rector of the concession, at lirst opposed his pretensions, but as Chopart told him, in an absolute tone, that he would have it so, and the director, as an oflicer of the company, being subordinate to the commandant, was forced to submit. This was not the case with a lieutenant''^ of the fort garri- son, who had commanded at the post under Sieur Broutin, and who, witnessing the crying injustice done by the commandant to one of the settlers, opposed him resolutely, lie thus drew on him indeed the anger of Chopart, who, by stratagem, put him in irons ; but the officer having managed to escape, reach- ed the capital, and laid his complaint before the commandant- general, who immediately summoned Chopart from Natchez to answer for his conduct. The affair having been brought on, the lieutenant had entire satisfaction in open council, where the commandant at Natchez was obliged to confess himself guilty. He would even have been broken, and never returned to his post, had not the commandant-general been forced to pardon him by the pressing solicitations of persons who sided with him. He did not, however, send him back, till he promised to treat the settlers more fiivorably, and change his conduct entirely. '1-' all! * The author of these memoirs. ■:i!j'a -mmimmmm 64 niSTORICAL MEMOIRS OF LOUISIANA. I I U CHAPTER XXV. SrEUR CIIOPJIiT'S CONDUCT.— ORIQIN OF THE LAST NATCHEZ WAR. Tins little disgrace liumbled, but did not correct Chopart. lie did not, indeed, after his return to Natchez, ill-treat the settlers ; liis violence and injustice sought another object. Ue had brought from the capital some negro slaves, intending to form a permanent establishment at Natchez. Ilis aim was to make a fortune in a little while; but this required a good ground ; the best was already taken, and he could not drive out the settlers already in possession, without exposing him- self to a reprimand at the capital. In this embarrassment he struck on a means : it was to turn to the Indians, from whom he thought he had nothing to fear. In fact, one fine day, he went to begin his first plantation in AVhite Apple Village, drove an Indian from the ground he occupied, and even from his house, in which he put some negroes to till the ground and a Fi-ench woman to take care of them. The Indian came to complain, and some goods were given to pacify him, but in vain, as he did not deem them enough. More was promised, but only to keep him in play, without any intention of giving anything. Chopart did not stop here. One day he went to walk to the Great Village. The Stung-Scrpent was no longer head chief of the Natchez nation : he had died, and his successor was a rela- tive of Oldhair, the White Apple Chief, whose head had been required by the French in the last war. Arriving at the village, Chopart remarked that the position was a fine one, being a beautiful plain, intersected by the little river St. Catharine, and immediately resolved to seize it for a plantation. It be- longed indeed to a friendly tribe, whom he would have to dis- wit 1 'I ^: I !■ I i: niSTORICAL MEMOmS OF LOUISIANA. 65 HEZ WAR. possess, and by his violence make our enemies, but this -vviis nothing. In this resolution the communtlant returned to hid house, which lay on the first level reached after ascending from the water's edge — a pretty rough hill by a winding road. Not far olV was the house of Sieur l^aiiiy, who had suc- ceeded De la Loire des Ursiiis, as judge and commissary at the port. The latter, lincUng himself thus put out of office, had chosen a place on a ground between Fort Eosalie and St. Cath- arine's, and had begun to build there. The commandant, considering that the site of the Great Vil- lage just suited him for a country-seat, and that the line plain around would give him a great income, resolved, as I have said, to seize it. A\^ith this view, he ordered the great chief to come and see him, and the latter came, accompanied by his chief men. The Sieur Chopart, by Papin, the interpreter, told him that the greatchief of the French at New-Orleans, the Sieur Perier, had written to him to order the Natchez to leave their Great Tillage, as he needed it for some large buildings. To so astounding a proposition, the great chief and his council ]'epliedj that " their nation had long been in possession of that village, and lived there ; that the ashes of their fathers reposed there, deposited in the temple which they had built ; that, moreover, the French had never yet taken lands by force ; that, if they had settled on their lands, the nation itself gave them sites in ho})es of obtaining protection and defence against their ene- mies, and even that many Frenchmen had given goods to the Indians in payment of the lands they occupied," But, just as their representations Avcre, they made no impression on the commandant's mind, and could not change his resolution, lie told the great chief that lie cared little for his reasons : that the great chief of the French must be obeyed, so that they must instantly prepare to leave their village ; that, if they thought 5 69 niSTOmCAL MEMOIRS OF LOUISIANA. ' "!!' fit, they might go and build another village a league fur- ther oil". The great chief knew well that his village was already too far from the river, as it was at least a league and a quarter from it, yet seeing that ho could not move the commandant, he pretended to yield to his demands, and asked only two moons to have time, he said, to choose a lit place for their new village, and prepare it. This was granted ; but, as all Chopart's views tended only to enrich himself by all kinds of means, he told them that as he had, of his own good will for the tribe, granted this delay, without the knowledge of the great French chief, who would perhaps be displeased at his not executing orders strictly, it was but fair to pay him for it ; and he named a certain quantity of poultry, pots of bear oil, baskets of corn, and skins, to be given him. The great chief, who now only wished to get out of his hands, agreed to all he asked ; and Chopai't, whose head was turned by success, to assure all by frightening him, warned him not to fail, threaten- ing him that, in case he did, he would send him bound hand and foot to New-Orleans as soon as the boats came up to Natchez. After this conversation, they parted, the Indians much displeased at what was demanded of them, and the French commandant resolved to have their land without its costing him either presents or goods. I .V,' CHAPTER XXVI. CONDUCT OF THE NATCHEZ-TUEIR RESOLUTION ON SIEUR CHOPARrS PROPOSITION. As soon as the Indians returned to their village, the great chief, his warriors and great men, assembled instant- ly ; many secret councils were held to resolve on means IIISTORICATi .MKMOTRS OF LOUISIANA. 67 QxxG fur- 'cacly too % quarter :nandaut, only two for their it, as all kinds of :1 will for yo of tlio 3ed at liis im for it ; ' bear oil, :cat cliicf, I to all lie ucccss, to threaten- und hand me up to 3 Indians and the rithout its CnoPARTS lage, the instant- )ii means ■% 2^1 to prevent both their lands being taken and the great chief being conducted as a prisoner to the capital. Several propo- sitions were made, but all rejected ; at last, after weighing several plans, all of which might secure their property and liberty, they decided on the barbarous resolve of massa- cring not only the commandant at the fort, but even all the French, and ridding the country of them. After this they sent deputies in every direction to bear the calumet to the dift'ercnt Indian nations scattci'cd through tlie colony, and portray the tyranny which the French wished to exercise over them by driving them from their land, and to ask their aid in repelling these acts of violence and usurpation. The Choctaw3 were the first and hottest in embracing their quarrel ; they undertook to destroy all the French on the lower part of the river, and for the execution of this design fixed the day which ended the two moons granted by the commandant; but as these people cannot count, they exchanged with each other as many little sticks or matches, as there were days, till that fixed for the bloody butchery. After this negotiation, which was kept very secret among the Indians, the deputies returned to their village, bearing the fatal bundle of sticks given them. These the great chief immediately carried to the temple, where they keep a kind of perpetual fire. The Indians meanvy'hile remained tranquilly in their village, taking no steps to find another site ; a thing, which of itself, should have excited the suspicions of Sieur Chopart, had he been capable of prudence at all. Every morning the great chief went to the temple and cast one of the little sticks on the fire, the last of them being the signal for the day of the frightful massacre. It might have been general throughout the country, but God watched over the other posts, and seems .;«'{ 'tfi ;'i: im 68 HISTOUICAL MEJIOIltS OP LOUISIANA. to liavc abuiuloncci only Niitcliez to the fury of the savages, to punish the intoU'rable and cryin;,' injustice of its eornnian(h\nt. It was 172!), and, towards the eK)se of October, a galley had left the capital loaded with sundry effects and merchandise for the Natchez, post, which began to llourish by the numerous houses raised there. The cro]), loo, had been that year very abundant in tobacco, wheat, mai/e, potatoes, &c., and they were actually building a large storediousc for the company. The galley reached Natchez on the 28th of November, bring- ing Sieurs dc Koly, father and son, who had just come from France to sec the fruit of all they had expended for their con- cession of St. Catharine's, and who, not finding the command- ant at the fort, were proceeding to his house on horseback. In fact, the Sieur Chopart, aceoni2)anied by Sieur Bailly, judge and commissary of the post, and the Sieur Kicard, store- keeper, had that day gone to the Great Village, where he had sent some refreshments, with wine and brandy, by negroes, in- tending to enjoy themselves there. There, while gazing on the beautiful prairie where the village lay, he already saw in his imagination his house, his gardens, his barns, his store- houses, the huts of his negroes — in a word, he already traced in thought the plan of the beautiful and agreeable scat that was to reward his injustice and violence. ClIAPTEK XXVII. GENERAL MASSACRE OF THE FRENCH RY THE NATCHEZ. After tracing in thought, as I have said, the plan of his new scat, the Sieur Chopart, followed by his company, went to visit the great chief, by whom he was well received ; the \ I IIISTOUICAL MKMOIUS OF LOUISIANA. 09 Siour RicarJ, storckcopor, acting iw luterpretor. They dniiilc and enjoyed tlictnselvef^, and npcnt tho night in revchy until three o'ck)ck in tho inorninf?, wlien tho French retired to tho fort to rcoover from tho fatigue. Meanwhile, the fatal sticks hail reached an end, and that very day tho Indians wcro to execute tho horrible plot they had ])renieditatcd. Although they had kept their entorpriso very secret, it had nevertheless crept out ; sonic Indian women and girls, who loved tho French, and wore actually their mis- tresses, could not but tell them all, and warn them to take caro of themselves when the great chief came to present the calumet to the commandant, telling them that their countrymen would use that sign of peace to cover their design of massacring all the French in tho country. Tho interpreter, Papin, was informed of it, as well as the Sieur Mace, sub-lieutenant of the garrison at the fort, and four or five others, l^'^vcn tho day of this bloody execution was told: it was on tho 29th of No- vember, St. Andrew's-evc. On those tidings, Chopart had scarcely got in, when Mace, who was moreover his comrade, came to tell him all that lie had heard; but far from giving it the least attention, tho commandant treated him as a coward and visionary, charged him with trying to impose on him, by exciting unseasonable suspicions against a friendly tribe, by whom ho had but a few moments before been so well received, and as a reward for his report ho ordered him to put himself under arrest. Tho next moment, Sieur Papin came to make the same report ; far from listening to him, he put him and four or five others in irons. After this he went to bed, first telling tho sentry at his door to let no one into his room till nine o'clock tlie next morning. Certain it is, that, warned as ho was, lio might very easily have prevented the misfortune whicli happened, had he 'Hi vl '-mmmimm 70 HISTORICAL MEMOIES OF LOUISIANA. chosen ; to disperse the storm, it would have been enoiigli to put the troops under arms and fire a cannon even without ball ; but, cither because wine and the table had troubled his judg- ment, or that he was unfortunately prejudiced in favor of the Indians, cr that he believed them incapable of daring to exe- cute such a design, he would never take any measures to thwaiL it ; and, as his injustice provoked, so his obstinacy crowned the evil and made it remediless. During all this time the Indians were prci)aring to enact the last act of this bloody tragedy ; and in order to take, so to say, all the French at one haul, they lay in troops near Terrc Blanche,* St. Catharine's and the fort, where the soldiers had their muskets indeed, but not a charge of powder. There was not a settler, in whose house there was not an Indian under some pretext, — s- ne coining to pay what they owed, others coming to beg their friends to lend them a gun to kill a bear or deer that they had just seen by their hut; some, too, to pre- tend to wish to buy goods ; and where there were three or four Frenchmen there were at least a dozen Indians, who had orders from the chief not to act till he gave the signal. Measures being thus taken, the great chief set out from his village, attended by his warriors and great men, with the calumet raised aloft, beating the ceremonial jjo^, and bearing to the Lrench commandant the reward which he had exacted for the two moon's delay granted the Indians, and which consisted of poultry, bear oil, wheat, furs, &cc. Tliis troop passed by the foot of the fort, singing and whirling the calumet before the soldiers of the garrison, who had run up to see the procession. if if'^iliir:!, * Tcrrc Blaticho, or, the Orcat White Apjilc Villajro of the Natchez, (now a part of Col. A. Hutchen's jjlantation,) was situated about twelve miles south of the city of Natciiez, three from tiie Mississippi, and witliin a sliort distance of Second Creek. Here, beneath bowers rivahnir tliose of I'empe or Arcadia, was tiie sweet and lovely home of this most interesting tribe of Indians. HISTORICAL MEMOIRS OF LOUISIANA. 71 Qougli to lOut ball ; his judg- roT of tllC ig to cxe- lasurcs to obstinacy » enact tlic akc, so to car Tcrro >klicrs bad Tlicrc was [ian under ^ed, otliers kill a bear too, to prc- ree or four J who bad lal. At flora bis , witb tbc bearing to exacted for lb consisted ssed by tbc before tbe procession. atchcz, (now a miles .'outh of short ilistaiicc ii])(' or Arcadia, lulians. The Indians advanced thus in cadence, with measured steps, towards the commandant's house, who slept, however, uncon- conscious of all the goods tliey were bearing. On their Avay they passed by the company's old storehouse, where the Sieur Kicard lived, lie was already up, and had gone down to tbe shore to disciiarge the galley and put the cargo in safety. They at last reached the Sieur Chopart's house.* Awakened by the noise of the man beating the put an-l the cries of the Indians, he rose en robe de chamhre, and made the cortege enter. They oft'ered him the calumet, and laid at his feet the presents required to save the great chief of the Natcbez from being sent in the galley to the capital tied hand and foot. What goods disjilayed before the eyes of the commandant ! what jars of bear oil arranged in his view ! He admires these presents with complacency, laughing in his heart at the vain credulity of those who would bave excited his suspicions against his Indian friends ; he orders them to be set at liberty to witness with their own eyes Avhat is going on, and see how improbable it is that men thus loading him with presents, could have formed a plot for exterminating the Frencli. Tlicy danced and sung, and meanwhile a part of the great chiefs troop drew off and proceeded to the galley discharging by the river side. There, each Indian picked out his man, took aim, fired, and stretched him dead on the spot. At this signal, wliich all the other Indians awaited, the massacre of the French began on all sides ; in less than half an hour more than seven hundred were killed, some pierced by their own arms, others beaten down or assassinated. Of the whole gai'i'ison. * Chopart's housi' was situatod just below the fort (Itosalie,) upon a point jul- tinir out towards the riv t. The earthquake that destroyed New Madrid in IHIl, also sunk a jjortion of this celebrated fort, leaving but a portion of one of the bastions to mark the site where the massacre took place. -:fer m M '■-miimmvmmm I, 72 HISTOIUCAL MEMOIRS OF LOUISIANA. only ouG soldier c.sca|)C(l, Sieur ]\[iict', wlio luul left tlic guard- house, was killed entering his own dwelling; the Kolys, father and son, who had arrived the night before, were killed at their own concession of St. Catharine's, with the Sieur do Longrayc, wlio 'was director. The same fate bcfel fc'cur Dcsnoyers, director of Terre l>lanehe, who had come in lliat very morning from the Yazoos with several piraguas, accompanied hy the Sieur Coder, French commandant o that post, and a Jesuit father, (Du Poisson.)* Both were enveloped in tlic general massacre, and the conunandant was scalped, for his liair was long and very beautiful, f I could not cud, were I to attempt to express all the cruelties then perpetrated by the Indians on men to whom they had been previously so much attached. Several French women attempting to defend their husbands, or avenge their death, were themselves pitilessly cut down l)y the savages. Amid this general massacre of all the French, Chopart re- mained alive, as if Providence chose to reserve him to witness the destruction of so many settlers solely through his fault. lie saw it, but too late. Rising from his chair he fled to the garden, instead of seizing liis gun to defend himself. He whistled for the soldiers of the garrison, Init they were no longer alive, and he could see around him, through the palisades of his garden, the earth strewn with their lifeless bodies. He was liimself surrounded by Indi.'ins, who panted for his blood, yet none woidd lay Lands on him ; they re- garded liim as a dog, uiiwortliy of being killed by a brave, and summoned the Puant chief, who killed him with a club. * Fathor Poisson was one of the first niissionarirK sent iimonjrtlio Arkansas Intliaiis. Sec a translalion of his j,'rnj)hic ami interesting journal in the aiijiendix to this work, by Kip, from the I.ettres I'diilantes. » t Sec Historical Cul'cctionf of Lovisiava, vol. iii , p. 151, for an account of this massacre, from the I.ettres Eilifir.ntcs. HISTORICAL ]\[EMOII..: OF LOUISIANA. 78 CIIAPTEIl X. XVIII. SEQUEL OF THE MASSACRE.— FRENCH WHO ESCAPED. I HAVE clsewlicrc said lliat the Sieur dc la Loire des Ur.sin?, after having been judge and commissary at Natchez, had formed an establishment on the road between the fort and St. Catharine's. The very day of the massacre he had received information of the attack to be made by the Indians on the French, and he had in consequence armed all on his place, consisting of an Indian slave, on whom he could rely, a Frenchman and woman, and a natural son that he had had by a woman of that very Nal'^hcz tribe, whom he had called liosa- lie, after the fort at the poL;t. After taking these precautions, lie hid his best effects in a secure place, and set out on horse- back for the fort to announce what he had heard. Some Indians had been jiroAvling all the morning around his house, but they let him pass, as the signal had not yet been given, but he had scarcely got in sight of the fort when the massacre began, and he saw at a distance the biitchery of the garrison. At this, he wheeled about to rcf^^ain his house, but the Indians blocked up the Avay and 'ircd, though they did not wound him, lie turned again toward^ the fort, Avhich the enemy had now abandoned lo descend to the foot of the hill ; there, he halted to breathe his horse, and started off again in hopes of forcing a passage at a gallop and reaching his house, but after escaping several shots on the way, another laid him dead just as he was about to reach it. Those whom he had left there, seeing themselves attacked' hekl their ground, and sustained a kind of siege all day long, !-i^;. % Mi 'ipft i<^.UI.i>|lUJi!.f WJ I' I 11 II JIM INWJIIiPWVMnPfP ■ .t-*pr--r,--.-rf- T-^'^i* .-^n-nri-mmjifm u HISTORICAL y.EMOIRS OF LOUISIANA. against a large party of the Indians — fired on tliem, and wounded several — the French woman keeping all supplied with powder. This heroine was killed at last, but they held out, till a heavy shower compelled the enemy to retire. Then, profiting by the darkness, they left the house and reached the river, where the}' found a i)iragua at tlie stern of the galley, and getting in, made their escape. They afterwards asserted that the Indians then in the galley were dead drunk, and that, had there been thirty Frenchmen together, they could have destroyed all the butchers. Night, also, enabled the only surviving soldier of the garrison to make good his escape. When the massacre began, he was at the foot of the heiglit on which the fort was built, putting wood in an oven run into the hill-side itself. Seeing the bloody work around, ho drew the Avood out, and creeping in, lay there all day till darkness enabled him to escape. Sieur Eicard also escaped, but in a manner almost miracu- lous. I have said that he went down to the river in the morn- ing, to discharge the galley. Seeing the first volley fired by the Indians on our people, he sprang into the river and swam to the neighboring wood, where he la} hid till night. He then left his retreat, but not daring to follow the shore for fear of falling in with the enemy, he went up to his neck ii . the water, and so descended the river to the place of one Eousseau, a potter, who had settled about a league from the fort. Arriv- ing there and perceiving a light, he entered, but to liiS sur- prise found himself in the midst of a party of Indians, who made him go to the fire and warm and dry himself, gave him food, and even one of their piraguas and provisions to enable him to escape. They were the Yazoos, who had come down that morning with the Sieur Coder, and whom the Natchez had not drawn yet into their plot. I HISTORICAL MEMOIRS OF LOUISIANA. 75 lem, and supplied they held 3. a^en, ached the le galley, 3 asserted and that, )uld have cjarrison n, he was t, putting eeing the eepiug in, t miracu- the morn- j fired by md swam ght. lie re for fear ek ii the iousseau, Arriv- ) hiS sur- ians, who ^■ave him to enable mo down Natchez Two other Frenchmen, Postilion and Louettc, were not both as fortunate. They set out in the morning together for Terrc Blanche; but on reaching a height which overlooked the con- cession, they beheld at a distance the Indians massacring the French. At this sight they stopjicd, and not daring cither to go on or to return to the fort in broad day, they hid them- selves in the woods till night. Then they started, not by the ordinary route, but across the woods and meadows. In this Avay they reached the company's old storehouse, where they saw a light. Postilion, looking through the keyhole, took those inside for Frenchmen ; he knocked ; the door was 0})cncd, but when he got in he found them to be Indians, dressed in the clothes of his butchered countrymen. As soon as they saw him among them they gave him a glass of brandy and talked a moment with him; then, giving him a second glass, they knocked him down, laid his head on a block and severed it from the body with a blow of an axe. Louette saw from without the reception given his comrade, and deeming it inex- pedient to put up with such pleasant hosts, started oft' for the river, in hopes of finding some craft there to got in. Passing by a cabin ho thought he heard people talking French, and went in ; thoy were French women, taken by the Indians, and assembled there under the guard of one of their tribe. As soon as the women saw him, thev cried: "What brinus vou here, poor Louette? Run! the French are all killed." Uc took the advice and escaped. One Canterelle, seeing what was going on, shut his house during the massacre, and lay hid all day in his garret with his wife, no Indian daring to enter. When night came, they botli took what was most valuable, and started out across the woods ; but on the way Canterelle remembered that he had left behind some important article, and telling his wife to wait for I :«! ,,.,;■(■ M il I I . I !I M II 76 UISTORICAL MEMOIRS OF LOUISIANA. liiin at a place lie named, started back. On liis return ho could not find his wife, who had cither missed the way or been taken by the Indians; but while looking for her, he fortunatc- l}'- struck on a piragua, in which he escaped. Some other Frenchmen swam across the river and reached a cypress grove, where Couillard,* a master-carpenter, was prej)aring building materials. They told him the state of alHurs, and warned him to fly. CHAPTER XXIX. COXDUCT OK THE INDIANA AFTKll THE MASSACRE— TIIEIll CRUELTT. All the French women who survived the massacre were made slaves by the Indians. They killed some, such as the wife of Sieur Papin, the interpreter, and Mme. Mace, the wife of the sub-lieutenant, who was killed coming out of the guard- bouse. The other French women became the projierty of those who had taken them ; the great majority, however passed to the service of the great chief and the white woman, who, as w(^ have seen in the previous portion of these memoirs, is a kind of empress in the nation, and the stock from which all who govern must spring. Among those thus disposed of was my wife, Avho had been taken like he rest, and from some of those who escaped I learned all tie details of the massacre, F(jr my own part, I happily escaped the common misfortune, having started the night before for the ca})ital. All these women were employed hj the Indians in making * This should read " PerricauU," wlio, after his escape, wrote a MS. journal of all th.it passed in Tiouisinna from 1700 to 1739, which is now deposited in the Dibtiothen the plantations, who had by that fatal tlay I'eeovered tlicii' libei'ty. The other Frenchman spared was a tailor, named I,cbeau, wdiom the Indians kept to alter the I'rcnuh clothes to [it them. As this tailor's wife was very old they killed her, to make him marry a younger one, and employed him in snrpri- ; j. siveral of his countrymen, Avho but for him would have esca[)ed iheir barbarity. Three or four days after the massacre, they heard in the woods, near the landing-place, a plaintive voice, Avhich seemed to ask help. iS'o Indian durst ;:'o and see what it was, so the tailor was sent to s])eak to iam. lie asked him who and what he was, and promised him, on behalf of the Indians, that if he surrendered at discretion no harm should befall him. fie was the storekeeper of the Yazoos, bj' the name of Le IIou, who had come to Natchez with the Sieur du Coder, of whom I have spoken, and had been wovmded in several places ".fe|': 11+ 78 UISTORICAL MEMOIRS OF LOUISIANA. while defending himself when the Indians attacked them. On Lcbeau's word ho surrendered to the Indians, who, after batli- ing hi.s wounds with brandy and treating him quite well, made him undergo at night the same course as Postilion, and cut off his head. A lew days after, the Indians perceived a piragua, in which some voyageurs were descending the river, unaware of what had occurred at Natchez, The tailor was ordered to hail them; he obeyed, but the piragua was no sooner within gun- shot of the shore, than the Indians, ambushed there to meet it, rose, gave the war-cry and fired on them, killing three of the live who were in it ; the fourth escaped to the woods and reached the Tonica village; the fifth, who was sick, fell into the hands of the savages. When they had this poor wretch in their hands, they began by stripping him, blacking his body with coal-dust, bound his hands, and ir. this state made him run to the village, firing blank charges at him, with their muzzles touching his body. On reaching the village, he was presented to the great chief, who condemned him to be burnt with all their usual cere- monies. The Indians immediately proceeded to p)repare, in the square before the temple, a wooden frame, consisting of two perpendicular posts and two cross-pieces, to which the prisoner was to be attached. When this was all ready, and dry canes had been got to burn him, the wretched victim was sent for and his race from the village to the temple was as fearful as the first. On his way, the poor fellow, exhausted by weari- ness and thirst, met a French woman, then a slave, carrying a jar of water on her head ; he begged her to give him a drink, and she had the courage to do it, although she knew that she exposed herself to the fury of the Indians, who are not tender- hearted. After this he continued his race and reached the HISTORICAL MEMOIRS OF LOUISIANA. 70 place, where death was to close his sufferings and his life. When bound, with his two arms extended on the frame, in tho Indian fashion, he saw some French women, and called to them to pray to God for him, telling them that his name was Gratien, and that he had been a workman in Le Blanc's Yazoo conces- sion. Scarcely had he uttered these words, when the Indians, armed with bundles of lighted canes, began to burn him slow- ly, applying them to his sides, thighs, breast, back, sides and face, so that ho underwent a long and painful martyrdom. About the same time an Indian child liappened to die, and the child of a French woman was taken and strangled — "to go," they said, "and attend on the deceased in the land of souls." Certain it is, that had the great chief or the white woman died at that time, it would have cost the lives of pro- bably all the enslaved women. CHAPTER XXX. THE NATCflEX ISDUCE THE YAZOOS TO FOLLOJT T'lEIR EXAMPLE.— NEIf MASSACRE OF THE FRENCH liY THE LATTER. r We have seen, in the previous chapters, that a party of the Yazoos came lo Natchez on the very day of the massacre, and that it ^\'as these Indians who had so seasonably and generous- ly aided the Sieur Ilicard, tho storekeeper, to escape in a pira- gua they gave him. But it must be observed that when they did him this service they were unaware of the designs of the Natchez against the French. They had left their village to come and present the calumet to the Natchez, but arrived at the moment when they were preparing to execute the plot which had been brewing for the last two months ; the Natchez iu„ 80 UISTOIUCAL MEMOIRS OF LOUISIANA. I i liad not only ilcenicd it inexpedient to let tlieir visitors into their design, lor Ceiir of discovery, but, tbrougU the great chief, had asked them to postpone the calumet ceremony for some days. This iuducctl them meuiuvhilc! to retire to tlie house of the Sieur Itousscau, who hud gone down to the capitid with his fami- ly a few days before. It was therefore oidy three or four days after the massacre that the Yazoos presented the calumet to the great chief of the Natchez, who, in his liarangue, recounted all that had occurred, and the reasons why his nation had so acted, exhorting them to follow the example, and massacre all tho French settled among them at Fort St. Claude, assuring them that they were tlie only Frenchmen now alive in the country, the Choctaws having destroyed all those of that nation Avho lay ou the lower part of the river. The Yazoos easily yielded to the persuasion of the great chief; they promised to execute what ho advised, a ud were accordingly sent offloaded with presents^ such as shirts, powder, balls, <.S:e., and accompanied by some Natchez sent to encourage and second them in the attempt. These Indians were ascending tho river, ready to redeem tlieir pledge ni arriving at their village, -win ii they perceived, at a distance, a boat which had landed some voyageurs, and resolved to take th'MU. Landing with this intent they noise- lessly advanced across the woods, and undiscovered came near where the voyageurs ^s'ere, little expecting such a surprise. They were ull on their knees, hearing mass, which a Jesuit fathei-, (l)outrcleau,) was celebrating. When he was at the elevation they fired both on the priest and his little flock ; but the God whom they were actually adoring did not permit that any should be wounded, and tliey had time to i-e-cmbark. The only accident was, that, at the second volley fired by tho Indians, the boatswain Dusablon, while pushing the boat off, Avas shot in the thigh, though fortunately the leg was not HISTORICAL MEMOIRS OF LOUISIANA. 81 broken. This Dusablon was the same one who, on the arrival of the first vessel which brought girls from Franoo to Louisi- ana, had carried off the prize in a dispute with a comrade for the hist one. Notwithstanding liis wound he was able to get in. The boat was on its way from Illinois, and reached Now- Orleans safely.* As for the Yazoos, they continued their voyage to their vil- lage, and as soon as they arrived prepared to execute their promise to the Natchez. There was then at Fort St. Claude only a little garrison of about twenty men, with none to com- mand but sergeants, the Sieur du Coder, the commandant of the post, having been killed at Natchez, as I have already re- lated. Three or four days after their arrival, the Indians repaired to the fort in great numbers and dispersed in knots among the cabins, without any one thinking of opposing them ; then, when no one expected, they fell on the French and mas- sacred them all, not one escaping. Thus was destroyed the Yazoo post, which lay forty leagues above Natchez:. This accident happened in the beginning of the year 1730. ■ m CnAPTER XXXI. CONDUCT OF THE CUOCTAWS— THEIR DISCONTENT— COUNCILS REPEAT- EDLY HELD BY THE NATCHEZ. From what I have said till now, it is natural to conclude that the Sieur Chopart was the sole origin and only cause of the m.sfortune which befell these two posts. The Natchez, who natura'ly loved our people at first, aimed only at him, and re- * See llistorical Colleetionx of Louisiana, vol. iii., p. 154, for another version of this incident, in .ill probability more correct, and drawn from the missionary's own account. 6 ^ \^ ^ IMAGE EVALUATION TEST TARGET (MT-3) // 4^ 1.0 I.I Ii^i2.8 ■ 50 ^^" tti 1^ ■ 40 ■ 2.2 2.0 18 L25 1 1.4 16 ^ 6" ► p^ y Photographic Sciences Corporation ^^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) S72-4503 •«v' > ^ O u^^ U 82 niSTORICAL MEMOIRS OF LOUISIANA. solved to massacre all tlie French, only because they feared to draw on themselves a cruel war, if they only cut ofl' the com- mandant. Besides, they hoped that the Choctaws would keep their word and destroy all the French down the river, and in this way they were convinced that after the execution of their design they had no enemy to fear. They were soon undeceived ; God did not permit so dark a plot to succeed to itt full extent. When the Choctaws prom- ised the Natchez deputy to destroy the French down the river, they had agreed to make the attack on the same day, in order to secure the general massacre they intended, and it was to avoid missing this day that they exchanged bundles of little sticks. The first of December was to have been the fatal day. Every day after the formation of the plot the chief of each nation burnt one of the fatal sticks ; but it happened that one day the great chief of the Natchez went to the tem])le, and after throwing one of the sticks into the fire according to custom, turned to speak to the guard of the temple. At this moment his little son whom he had brought with him, wishing to imitate his father, took two and throw them into the fire : and the Natchez thus anticipated, by two days, the period fixed for the general massacre, and began the attack on the 29tli of November. As for the Choctaws, among whom no such mistake had occurred, they were punctual in keeping their promise on the appointed day. On the first of December they came in sight of New-Orleans to the number of six hundred, and had only Lake St. Louis to cross in order to reach the city. They now sent a deputation to Sieur Perier to ask leave to enter and present him the calumet. Notwithstanding the advantage apparently to be derived from accepting it, the commandant- HISTORICAL MEMOIRS OF LOUISIANA. 83 ared to le coin- id keep and in of tlicir i dark a J prem- ie river, in order t was to of little ,tal day. f of each til at one iple, and rding to At this , ^vishing the fire : kc period on the take had Ise on the in sight had only hicy now inter and |dvantage landant- gcneral deemed it imprudent to admit so large a body of Indians into the capital, and refused to receive them, lie simply told them, that if their chief would come with an escort of thirty, he should be welcome. This refusal of the com- mandant, disconcerted the Clioctaws, who, on tlioir way back vented their spite by killing some of the cattle belonging to Sieur de Chaumont's concession at Pascagoulas. Soon after, these same Indians sent a considerable party to the Natchez to present the calumet to the great chief; and at the stake dance, the presents were in their eyes too insufficient, consisting only of coarse shirts, kettles, looking- glasses, vermilion, &c., without guns, powder or balls. The deputies, who had learned what had happened, were loud in their complaints against the Natchez for anticipating two days the general massacre of the French, calling them dogs, that wished to keep all for themselves, without commu- nicating with those who had promised to help them, and that they had beyond all doubt been the cause why the great French chief would not let them pass to the capital. They threatened, too, to make them repent it. After this first party of Choctaws came a second, who were not better satisfied with their presents than their })redcccssor8. Hearing that the Natchez had killed a little French boy on the death of one of their children, and were cvcu deliber- ating whether they should not kill all their slaves, as they were afraid they might cause a war with the Choctaws, the Choctaws striking the stake, f )rbid them to kill any of their slaves, women, girls, or boys, declaring that if they did, they would have to settle with them. These threats arrested the fury and cruelty of the Natchez, who from that time were troubled, held frequent councils, uncertain what resolution or steps to take. i'l I \ I 84 UlrtTOUlCAl. MKMOIIW OK LOUISIANA. Cll ATTKU X XML Tiir. yt:trs oh' rut: nis.isrr.N at m.rnnt:/. K^: i<-iif:s tuf. c. irir.it. ~ THK cut:* ii.if.R ;>»; i.oiiifois mahiiifs itiAiMsr ruy.M. 'Vuv. Ilrst who l)n>nf;;lit. to tluM'iipitnl litlinj^s of Ihr dinnMlrr at Natch«>/, was tlu* Sicnr IlicanI, tlu> st»>n'l\»'('j)i>p, ami as lie arrivoii, all terror-striokcii ami in a wivtohcd condition, allcr tho painlul Jounify that ho had just inaiK', almost dostitiito of provisions, pooplo boliovcd, whon ho told his story, that ho had li>st his hoad, as no ono oould iniaji;ino that tho massacro oouhl have boon as gonoral as ln> said, l^nt tho oonllrmation of all that ho had rolatod so(Hi oaino. (\>nillaid, tho niastor- oarpontor, who had boon at work with sonio mon in a oypn'ss trnno noar Nati'ho/, hoaring of what had hapju'iiod, rosolvod to tly. Thoy hail two Natolnv- Indians who aotod as hnntors ; thoy bo^an by killing thos(>, and thon loadod a largo boat with provisions, thoir tools and all that bolongod to thonj, and wont down tho rivor. As thoy passod tho galloy thoy wore sahitod bv a vollov *>f nuiskotry from tho Indians on board, but no ono was hurt; and on tho third of IVoonduM- thoy roaoliod Now-Orloans, and oontirmod all that Siour Kioard had n>latcd of tho disaster. As with suoh tonnal lostimony thoro was no longer room for doubt, Porior iminodiatoly proceeded to take measures to avenge so horrible a deed. With this view, lie iirst .sent to the Choetaws tho Sieur dc Levy, an oflieer wlio was j)er- fectly acquainted with all the Indian languages, to gain that tribe to his interests and induce them to join him. Dis- contented as they were with the reeejition given by the Nat- che/- to their recent deputations, pit^ued too at their breach of IIIST<)HICAI< MKMOIIIH OF I™ II ]««■«, ta with grenades, and taking a toldier as a companion, reached the fort, covered by the obscurity of tin; night. 'I'lu're he found that he had forgotten what was most essential, that is, means of striking lire, and sent his companion to get some; but the Chevalier de Loubois, hearing of their design, I'orbid them to go on, for fear that so many French women at Nat- chez might suller by the grenades. Obliged to furcgo hi.s plan, Bienville returned to the camp, and was shot during the firing the next day. A few days after, an adventure occurred whi(;h enabled another soldier in the army to signalize himself. 'Vho Sicur ])uj)arc, who had followed the Chevalier d(! Loubois as interpreter, took one of the standards of the army an'ere taken for real Choc- taws, and, though armed, were admitted. As soon as they were in the fort they walked about like i :i 'fiii m -J. HISTORICAL MEMOIRS OF LOUISIANA. friends, caressing the French, shaking their hands, and show- ing great aifection, but in about half an hour they changed tone and manner, fell on some soldiers who were off their guard, murdered them and killed the sentinel. The noise of this sudden attack alarmed the whole fort, all ran to arms, the doors were closed, but as the Indians had got possession of the guard-house, they defended themselves stoutly for two hours, when five were killed, and the sixth taken alive and burnt at the frame. As for the French, five were killed and several wounded. This accident taught the garrison to be more circuuispcct in future and better on their guard. At this time it happened that a party of Tonicas, who, after all, were the only tribe really friendly to us, having taken a Natchez woman, brought licr to New-Orleans and presented her to the commandant-general. He gave her back, telling them to dispose of her as they liked ; thej"^ accordingly re- solved to show the French, in the treatment of this slave, how the Indians treat their prisoners taken in war. A frame was raised on an elevated spot near the river, between the city and the government house, and here the poor wretch was tied and burnt with their ceremonies, before the whole city, who flocked to witness the spectacle. She was burnt first on one side, then on the other, all down the body, but during that long and cruel torture never shed a tear. On the contrary, she seemed to deride the uuskilfulncss of her tormentors, insulting them, and threatening that her death would soon be avenged by her tribe. Her prophecy was soon accomplished. A few days after this cruel execution, a large party of Natchez came to the Tonicas to present, as they said, the calumet to the great chief and make peace, not only with him but also with the French. The great Tonica chief thought it inexpedient to accept the i ? HISTORICAL MEMOIRS OF LOUISIANA. 97 jhow- anged their )ise of IS, the of the hours, Lirnt at several 3 more 10, after taken a esented , telling pgly re- ive, how ime was ;ity and tied and flocked |de, then tng and I seemed (g them, by her IS after to the [at chief (French. kept the deputation without lirst obtaining the permission of the com- mandant-general who gave it, telling him at the same time to cut the Natchez to pieces while engaged in tlie ceremony. But they anticipated him, for they had scarcely entered the cabin when they struck him down, scalped him, killed some more Indians and one Frenchman, taking a second with his wife prisoners, and with them returned in triumph. Thus fell the great Tonica chief, who with his son had become a Christian, and had, for his valor and devotedness to our cause, been honored by the king with a medal which he had sent him. This success made the Natchez believe that, after having thus surprised and destroyed many of their enemies, it would be an easy matter to cut off the French at Naquitochcs, where there were only twenty settlers, and a garrison of forty soldiers, commanded by the Chevalier de St. Dcnys.* But this oflicer showed them that they had to deal with an able and vigilant commander, under whom all went on with strictness and punctuality, who was equally beloved and respected by the French, and esteemed by the neighboring Indians, who were entirely at his disposal. The Natchez set out from their new village to the number of a hundred and fifty or more, taking with them the French woman captured at the Tonicas ; and having arrived within gunshot of Fort Naquitochcs, they deputed three to the commander to ask permission to enter the fort, in order to present the calumet, afid make him the umpire of a peace, by returning a French woman to his hands. The Chevalier de St. Denys, who spoke the Indian language well, replied to the deputies, that " if ten would " This distinguished officer was related to Bienville. He came to Louisiana at a very early period of its history, and was employed in the most active service of the colony. As commandant of this post, he made himself so popular, that he led the life of a half barbaric and half-civilized potentate. His adventures form an interesting episode in the History of Louisiana, by Gayarro. 7 m m 11 ■'S 98 HISTORICAL MEMOIRS OF LOUISIANA. I 1 come and present the calumet with the French woman he would receive them willingly and pay them well ; but from their number he judged that they were only beggars and traitors, who sought to entrap him ; but that, for all that, he would let them return to their party, on condition that they should bring him the French woman that very day, threatening them, if they failed, to show them whom they had to deal with." The deputies immediately left the fort very ill pleased with the result of their mission, and having reported the answer given, the savages, furious at having missed their blow, turned all their rage on the French woman, whom they burnt on a frame in sight of the fort. After this fine exploit, instead of retiring, they dug a kind of intrenchment in the plain, and for- tified their position, hoping that, by lurking around the fort, they could cut off the supplies and force the garrison to sur- render. On his side, the Chevalier de St. Denys pretended to be afraid, and from time to time fired some cannon with blank cartridge to amuse them, while he sent to the great Naqui- toches chief to dispatch him forty of his bravest warriors. They reached the fort, and were brought in by night, and the commandant having armed them, sallied out at the head of his troop the next morning at daybreak, entered the Nat- chez entrenchment and fell upon them sword in hand. Many were killed ; the test, awakened by the noise, fled, but were pur- sued with muskets, and after killing about sixty of the savagesi the commandant returned to his fort in triumph, without hav- ing had a single man wounded, giving the survivors liberty to return to their village and tell what reception they got at Naquitoches. ■■\ HISTORICAL MEMOIRS OF LOUISIANA. 99 an lie ; from L'S and [ that, 111 tliat ry day, Ley had 3d with answer , turned arnt on istead of and for- tbe fort, Q to sur- jnded to th blank t Naqui- varriors. and the he head the Nat- Many vere pur- savagesi lout hav- ■s liberty ey got at CHAPTEE XXXVI. TROUBLE AT NEJr.ORLEJ.VS.— THE COMMASDANT-QENERAL MARCHES AGAINST THE NATCHEZ. While these things were going on in the remote parts, the capital itself was not tranquil. One day a woman, whose head was turned by the brandy she had been taking, came running into the city from the Bayou St. John with streaming hair, crying that the Indians had made a descent on the Bayou and massacred all the settlers there, and were actually pursuing her. This woman was joined by some others, about as wise, and the noise increasing, the alarm soon spread to all quarters. The muster was beat, all ran to arms, and assembled in the great square. Ilere they were formed into companies, and powder and ball delivered to each. The ladies meanwhile fled to the churches, or to the vessels moored before the town. The terror was general ; all thought they were lost, without any- body's knowing on which side the enemy were. The com- mandant-general sent out a large scouting party to bring him correct information. This body at first advanced with great caution for fear of being surprised, but after a lapse of two hours, it was found that it was all nothing, that this great trouble had no better foundation than two or three shots fired by some hunters in the woods. Soon after this false alarm there was one much better founded, and which might have resulted seriously. For some time a secret plot had been brewing among the negro slaves. Excited underhand by the Indians, or perhaps wishing to imitate them and recover their liberty, they had formed the design of making away with their masters and butchering the garrison. The plan was bold, and they alone never could I ,- m '\^\ I I 1 \ If HISTOBICAL MEMOIRS OF LOUISIANA. have succeeded, but who knows whether the Indians would not have lent a hand ? Be that as it may, they had already concerted the manner of executing their guilty project, and the plot was ready to be put in action, when a negress, belonging to a surgeon named Brosset, told her master, and discovered all about it. He prudently questioned her, learned the names of the chiefs in the conspiracy, and the manner in which they were to act. Their plan was for each first to kiJl his master at night as he was going to bed : then being masters of all the keys, they would soon have guns, powder and lead, which would enable them to get rid of the troops on guard without difficulty. After committing to writing all he could get from the negress, the surgeon communicated it to the commandant- general, who, on this information, immediately arrested the leaders in the conspiracy, with some ncgresses also denounced. They were put in dungeons, and separately examined ; and, on the avowal which they made of their dark design, were all con- demned, some to be broken on the wheel, others to be hung as examples for the rest. Yet after this execution the commandant-general saw that it was not enough to have extinguished this first fire by the death of the most guilty, unless the probable consequences were also prevented ; and as he could not discover whether the negroes had been excited by the Indians or not, he resolved to embroil them with each other to prevent all danger on that side. With this view he ordered most of the negroes before him, told them that they were all traitors, and that he was going to hang them all, as he had learned that they were in league with the Indians to exterminate the French. On this they protested innocence, cried for mercy, and offered, if permitted, to march themselves against the Indians and destroy them. The general having thus gained his end, armed them with ■I it HISTORICAL MEMOIRS OF LOUISIANA. 101 would il ready ,i\d the onging lovcrcd I names ;li they aster at all the , wliicli without ^et from landant- sted the lounced. and, on ; all con- hung as saw that 3 by the squences 3ther the olved to ' on that 3S before as going a league his they rmitted, )y them, em with I hatchets, bayonets and knives, and let them attack a little tribe called the Chouachas, ordering them to kill only the men and to spare the women and children. His orders were ful- filled, the negroes attacked the village, killed seven or eight men whom they found there, the rest being at the chase. This single expedition rendered the Indians mortal enemies of the negroes. At this moment there arrived at the capital a royal vessel com- manded by the Sr. Pericr de Salvertc,* brother of the command- ant-general, with a body of marines sent by the court on hear- ing of the disaster at Natchez. Sieur Perier thought he should profit by this reinforcement to march against the Indians. Of these marines, the company's troops and the colonial militia, he formed a little army, and, embarking in bateaux and partly in piraguas, he ascended the Naquitochcs (Red) River, and turned up Black River, on which the Natchez lay.f They were, however, ignorant of the exact position of their fort, and in this dilemma two soldiers, who had landed to seek some plants fit to eat, fortunately took an Indian boy fishing in a lake. He was taken to the general, who received him kindly, caressed him, gave him food and promised him his life if he showed the way to his village. The boy agreed, and the army marched on guided by the boy, and after a quarter of a league discovered the enemy's fort and village. Favored by the woods and silence they advanced as near the fort as possible, till they reached the open plain, then the troops advanced on the fort with drums beating and flags flying. The Indians, amazed to see the French thus pursue them in their * Perier do Salvertc arrived at the Balizc on the 10th of August, 1730, with three companies of marines of sixty men each. — Martin. t He ascended Red River, went into Black River, and from that into a stream called Silver River, and from Silver River, (now called Washita,) into a small lake which is at a short distance from Trinity, in the parish of Catahoula. ( ' i •11. \y' f mf .:l,.v U. ■ «n« 102 HISTORICAL MEMOIRS OF LOUISIANA. 'i ' ' ' '■ retreat, shut themselves up, with their wives and children, re- solved to defend themselves to the last. They were summoned to surrender ; quarter and lifo were promised ; but as they were deaf to this, some pieces of artillery were landed, with a wooden mortar, and a trench was opened. The Indians held out courageously ; several of the French were wounded. But at last, on the third day, the enemy, driven cither by thirst or by the fear which the mortar had inspired, struck their flag and asked to surrender. This was deferred till morning, as night was coming on. It was a dark one, accompanied by a slight rain and a dense mist, which enabled most of the Indians to escape.* The next morning they took about two hundred, more women than men, who were bound and sent to the boats ; the trooj)S then sacked and fired the fort, and embarking returned to the capital. On their arrival, the prisoners were confined, supported for some time, then shipped to Cape Frangois in St. Domingo, where they were sold as slaves for the benefit of the company. * The number of the Natchez that escaped the grasp of Perier at this time, has been put down by some writers at three hundred warriors. The nation now became scattered over the country, but was not conquered. Many of them found an asylum among the Washitas, Chickasaws and other tribes hostile to the French. They lost their nationality and their country, but the city of Natchez is their monument standing upon the field of their glory. In refinement and intelligence, they were equal, if not superior, to any other tribe on our continent. Their form was noble and commanding, and their countenance indicated more intelligence than is commonly found among savages. They believed in the immortality of the soul, and a state of rewards and punishments. Their tradi- tions state that they came from Mexico ; and it may be inferred from their sin- gular usages, that they were a branch of the Toltecan family. The obvious analogies between the Natchez and the Tollecans consist in the worship of the sun; the practice of human sacrifices; hereditary distinctions, and fi.\ed institu- tions. Their singular custom of distorting the head by compression corresponds with the description of the Mexicans by Bernal Diaz. A custom, too, that was kept up by the Peruvians long after their subjugation by Pizarro. M » ■ III3T0HICAL MEMOIRS OF LOUISIANA. 103 ren, re- imoncd cy were with a ,ns held d. But .hirst or icir flag lorning, mied by t of the )OUt tAVO 1 sent to brt, and ival, the shipped sold as is time, has lation now hem found tile to the )f Natchez ement and continent, cated more ved in the .'heir tradi- II their sin- he obvious ship of the ved institu- orresponds ), that was i CHAPTER XXXVII. JRRIVAI. OF J riEW COMMANDANT AT THE CAPITAL.— NEIV PREPARJ. TIONS FOR WAR. As soon as information reached France that war had broken out in Louisiana between the French and Indians, prompt relief was thought of. In 1730 the Western Company represented to the king tlic great loss just sustained at Xatchez, and returned into his liands the privilege they had received for the colony. The country thus returned to his majesty's domain, and he, anxious for the restoration of peace, thought he could not do better than send out as commandant-general the Sicur Bien- ville,* the first who governed it under the company, as one * Governor Bienville came to Louisiana with liis brother Iberville, as a mid- shipman, in 1()'J8 ; and four years after, on the death of Sauvole, lie succeeded to the chief command of the province ; which he exercised with little interrup- tion until he was recalled in 1726, when he was succeeded by M. Perier. " On his arrival in France he laid his defence before the rrenth government. He stated that he had served his king thirty-four years, the greater part of which he had acted as governor of Louisiana. That as an officer of the navy he had sei.cd seven years, and had been present at all the sea-lights in Canada, with his brother Iberville. He had jointly with his brother Iberville discovered the mouth of the Mississippi, and established a colony in Louisiana. " That seven of his brothers had died naval officers ; that three still remained in the navy, and that his father had died in the service of his country. " He then reviewed his administration and the difficulties he had to contend with, which excited the jealousy and hostility of his adversaries ; and he labored to prove that all his acts had been in conformity with the laws and with the instructions of the king. Notwithstanding his able defence, he was removed, and the success of his enemies was so complete that they also caused his brother " ChaCeangue," who was lieutenant-governor in the colony, to be removed ; and the two Noyans, his nephews, to be broken. The object of these measures was to gratify their malice, and to destroy his future influence in the colony. " In 1734, Bienville was re-appointed by the king governor of Louisiana, in the place of Perier, who was promoted to the rank of lieutenant-general, as a re- ward for his services in the colony. The surrender of the western company's charter, and the return of Bienville gladdened the hearts of the colony, and gave high hopes of approaching tranquillity and permanent prosperity. " In 1735-36, he organized an expedition to march against the Chickasaws, 4 m m I' ^ \^ It 1 li 104 HISTORICAL MEMOIRS OF LOUISIANA. best able to reduce the Indian foes. The new commandant reached New-Orleans in 1731, and the Sieur Pcrier resigning the government into his hands, innnediately embarked for Europe. Some months after Bienville's arrival, the Natchez, fearing lest the French should come and attack them again, resolved to abandon entirely the country on the banks of the St. Louis (Missis.sii)pi). They accordingly abandoned their new j)0St8 on the Black River, and retired further up to a numerous tribe called the Chickasaws, more friendly to the English than the French ; here thoy were received as brothers, and grounds given them to settle on. The new commandant, informed of this transmigration, believed that if he demanded of these Indians the enemies of the French, they would at once sur- render them; but he was mistaken, for, when the demand was made, the Chickasaws replied, " that they and the Natchez now formed one nation, and that they consequently could not give them up." Piqued at this reply, the general resolved to go after them, and immediately began preparations for this expedition, which occupied him for two years. ■ Meanwhile, he sent to Illinois live boats, one loaded with powder, the rest with goods, commanded by Captain Leblanc, to whom the general confided his orders for the eonunandant which was followed by another, which terminated forever hit military operations in Louisiana. He was succeeded by the ^Lirquis de Vandreuil, and on the 10th of May, 1743, he returned to France. When he left Louisiana he liad reached the age of si.\ty-five, and he carried away with him the regrets and the esteem of all the coloni.sts, who styled him, " the father of the country.'" He died in 1767. " Among the other most conspicuous names in the history of Louisiana, is that of Dailagueltc, which disappears at the same time when Bienville retires from the colony. The royal commissary of that name, who came to Louisiana in 1708, and who filled in it several high offices until 1742, left behind him a long memory, which made his virtues, his talents and his deeds, familiar to succeeding generations. The fate of his younger brother, who fell into the hands of the Chickasaws in 1736, and was burned at the stake, has been pathetically told by Dumont." — Gayarre. HISTORICAL MEMOIUS OF LOUISIANA. 105 of tluit i)Ost. His convoy wius iittackoJ on the wny by a party of Induiiis, but no one was killo(l, anil having safi'ly arrived at Arkansas, the commander, for some reason I cannot conceive, Landed the powder there, and proceeded to IHiiiois, which he reached in safety ; he then dispatched a boat for the powder left at Arkansas, but this boat on its way back was attacked and taken, witli all the powder, by the Indians, who killed all on board except the commander. Lieutenant du Tisinct, and Rosilie, a natural son (jf the Sicur de la Loire, of whom we have already had occasion to speak. These two were taken alive and made slaves. Meanwhile, Captain Leblanc having reached Illinois, pre- sented the orders of the commandant general to the Sieur Dar- taguette, the commander of the post, brother of the late Sieur Dartaguette, ex-director of the company, and comptroller of the household of his highness the Duke of Orleans. The orders of the commandant-general required him to bo in the Chickasaw country by the tenth of May next, at the latest, with all the Illinois Indians, French troops and settlers be could muster, to join the army which he would lead in person against that nation. At last, all preparations being made for this expedition, the commandant-general sailed early in 1736 for Fort Mt)bilc, where he had invited the great Choctaw chief to meet him. There he unfolded to that Indian his design of making war on the Chickasaws for harboring his enemies, and induced him to join in the enterprise for a certain cpiantity of goods, part of which were delivered on the spot. After this he returned to New-Orleans, assembled his army, composed of French troops, some companies of militia and negro slaves, and cn^barked in boats and piraguas for Fort ^lobile, the rendezvous of the troops, Avith necessary provisions and ammunition. : 1 106 IIISTOIIICAL MEMOIIW OP LOUISIANA. CIIAPTEll XXXVIII. FIRST EXPEDITION AU. UN ST TIIK ClIlCKASAtrS.— ATTACK OF ONE OF THEIR FORTS. On tlic tenth oC Marcli in tluit same year, ITOC), tlit* wliolc iirniy assembled at Mobile, and rested till Ea.ster-day, the iirst of April, when it set out on their expedition. So eonsiderablo a force had never yet been seen on that river ; it was com- posed of more than thirty piraguas and as many bateaux, which ascended in a lino by force of oars. About eight o'clock in the morning they stoi)ped to breakfast, and about half past eleven for dinner, and towards evening the boat that led the way chose a proper place to cabin or pitch their tents. The army then landed ; sentinels were posted in the woods to prevent surprise, others at the landing, before the general's tent, and thus they passed the nights. In this way the army, by the 20th of April, reached a place* called Tombccbc, (Tombigby,) to which Bienville had sent a companyf of soldiers nine months before to build a fort and cabins, intending this as a resting-place for the army. On the way no accident happened but the upsetting of a piragua, which caught in the branch of a floating tree. Two men were drowned. Arriving at Tombccbe, the fort not being finished, and only some palisade and rustic cabins made, the army encamped in a beautiful plain, and immediately began to make earthen ovens and bake bread. Meanwhile, the Choctaws, having learned the ♦ This place, which is now called Jones's Bluff, is situated on the Little Tom- bigby, in Alabama. t This company was commanded by the bravo De Lusser, who afterwards felj in the attack on the Chickasaws near the village of Ackia. niSTORICAL MEMOIUS OF LOUISIANA. 107 general'.^ ni rival at that jiost, came to })re.scnt him the calutnct ; they were very well received ; the rest of tiie promined goods delivered as tl.i.*'fr pay fur serving tlie French as auxiliaries in the expedition, arui they prepared to accompany the army. Continual ru, ■" with frost kept us at this post till the fourth of May, when we .- * out; but a council of war was first held on four soldiers found in irons on our arrival, 'fhf'y were a Frenchman, two Swiss and a serg(^/int, accused of having attempted to kill the commander and storekeeper, and then to carry off the Sicur du Tisinet and Hosilic, who had escaped from the Indians, with the intention of restoring them to the Chiekasuws, joining those Indians, fighting for them, and then going over to the lilnglish. They were tried, convicted, and condemned to be shot at the head of the troops. On the fourth of May the army rc-crabarked, and proceed- ing again up the river, reached a fort called Tibia. All the way it had been forbidden to fire, in order to conceal from the enemy the marcli of our troops ; but one of our Choetaws, see- ing a deer in range, fired and killed it, for an Indian has no idea of orders. The report threw the whole army into con- sternation, all ran to arms, and quiet was not restored till all was explained. At last, on the twenty-fourth of the mouth, they reached the place of disembarkation ; the troops landed, threw up tents, and began to erect a large palisade fort, with a kind of shed to protect the goods which they had brought. The army spent the night here. The next day, powder and balls were delivered to the troops, and leaving in the fort the sick, with some less experi- enced soldiers to guard the post, the army marched on, guided by a Frenchman, who knew the country quite well, having often visited it as a trader. They had seven leagues to march to reach the first Chickasaw village, and actually marched five I . I' -.1 W M I m .'K'iil ■ S ■ ■ - ■' itei amaaai 108 HISTC iCAL MEMOIRS OF LOUISIANA. and a half the first day in two columns in Indian file through the woods in silence, with the Choctaws on our flanks, to the number of about twelve hundred, commanded by their head chief In the evening we halted in a plain surrounded by woods, where each supped on biscuit and pork, and slept in the opea air. The general detached two men to reconnoitre, who returned at one o'clock in the morning, saying that they had been discovered by four Indians, but had not fired, as they had had no orders. Whether true or not, no semblance of credit was given their report ; and the next morning very early the army was put in motion, and crossing a ravine, with water breast high, and a little wood, they entered a beautiful plain, at the end of which, about a quarter of a league distant, an Indian village was perceived, with a fort on a hill and cabins around it, with others apparently fortified at some distance be- low, and a little stream at the foot of the hill. As soon as our Choctaws perceived the enemy's fort they raised their usual yells and cries, and ran that way to try and shoot down some of the enemy. As for the army, after forming in a square battalion, it ad- vanced in good order, our soldiers, like Gideon's of old, gathering, as they crossed the prairie, bunches of strawberries, which our common mother lavished in abundance on all who came to pluck them. In this order we approached and passed a little wood, leaving t he enemy's fort on our left ; and having halted, the general called the majors of the regulars and militia, and ordered them to form a strong detachment to carry the fort, A body of at least twelve hundred men was now detached, composed of, first a corps of grenadiers, then one of regulars, and then one of militia. Meanwhile, four or five Englishmen were espied on the height, doubtless among the tribe as traders, and 1 i '!• HISTORICAL MEMOIRS OF LOUISIANA. 109 s, and the Indians even hoisted the English flag over their fort. The army again advanced by battalions ten deep, amid occa- sional shouts of " Vive Ic Hoi." It was apparently intended to take the fort by a coup dc main, as they had neither spades nor pickaxes. They reached the foot of the hill, and crossing the stream which skirted it, began to ascend the slo})e, during which one sol^'er was killed. And the lieutenant of our grenadiers, who was about a pistol-shot ahead of his company, in his ardor to reach the fort, entered a cabin, whei-e he found three Indians, one of whom he killed, but the others escaped to the fort. As soon as the troops had gained the top of the hill, they began by setting fire to some cabins on the wings, from which the enemy might have annoyed us ; but avoiding one incon- venience we fell into another, for the smoke almost stifled us as long as they were burning. Some mattresses had been brought to shield the commandants, but they were of little service. The colonial militia, which were in the rear of the company's troops, wheeled right and left, intending to invest the fort, but the Sieur de Jusan, aide-major, checked the movement and sent the troops back to their post, intending for his own corps the glory of carrying the place, which now began a vigorous defence. Several militia men were already disabled, and the grenadiers in attempting to advance had one of their sergeants killed, the other wounded, as was also Cap- tain Eenaud d'llauterivc, who was carried to the camp, whence the general was observing the result of the attack. It could not be more disadvantageous for our troops, who did not lack courage, but were obliged to fight without any shelter with an enemy whom they could not draw out, but who poured out a shower of balls from the fort which covered and protected them. This fort was, in fact, surrounded by a 'I I 110 HISTORICAL MEMOIRS OF LOUISIANA. palisade more than a fathom thick, the intervals being closed by smaller piles, so arranged as to leave loop-holes through which they could fire without exposing themselves. It was besides covered with heavy oak planks, loaded also with earth, so that grenades were of no service. Meanwhile, Captain Lusser, Aide-Major de Jusan and Major-Gcneral de Noyan* had been wounded and carried back to the reserve, with the Sicur de Grondel, Lieutenant of the Swiss. Our troops had now spent their powder and ball in firing against the palisade, with- out having been able to make the slightest breach, when the general, perceiving the failure of the operation, ordered a re- treat, and sent a second detachment to cover it. This attack lasted from half-past one till five in the afternoon, and cost us thirty-two regulars and militia killed, and at least sixty wounded. The troops rejoined the rest of the army, leaving the dead on the field of battle, for they had been unable to carry them off. In spite of the hardnhips of that hard day's work, the troops had scarcely had time to take a hurried meal, when they had to think of intrenching the camp and surrounding it with palisades, to be secure against a sudden attack of the enemy. They began accordingly by felling trees, and having with them blocked up every avenue of approach, passed the night as best as they could. While this was doing, a party arrived from another village, as they said, to present the calumet to the general, and a letter ; but Bienville, provoked by the * The brave De Noyan was the nephew of Bienville. Grondel was a Swiss officer of distinction, who came to Louisiana in 1731. He made himself con- spicuous by his duels, his gallantries and his sociability of manners. He was em- ployed in several military expeditions and diplomatic negotiations with the Indians, in which he acquitted himself with credit. In 1753 he was rewarded for his services by the decoration of the Cross of St. Louis. He returned to France, was promoted to the rank of general, and lived long enough to see Louisiana become one of the United States of America. HISTORICAL MEMOIRS OF LOUISIANA. Ill reverse of the day, refused to receive them, and even ordered our Indians to attack them ; they did so, and killed four. The enemy were not more idle than we that night ; they de- stroyed some cabins not yet destroyed, which had been our intrenchments in attacking the fort, and uncovered the fort, lest we should set it on fire with our fireworks, such as we had used in destroying some of their cabins. Then, in a manner worthy of savages, finding on the field the bodies we had been forced to leave, they cruelly quartered them and exposed them on the palisades. This barbarous spectacle which met our eyes at daybreak filled our troops with rage and fury. They would have rushed on the enemy to avenge it or die, but the general withheld them. The attack on the fort had taken place on the 26th of May ; the next day saw some skirmishes between the enemy and our Choctaws, Two of the latter were perceived at the foot of the hill where the fort stood, by a Chickasaw, who fired and laid one prostrate ; the other fled. The Chickasaw, believing that he had killed his man, ran up to scalp him, but when he had got about ten steps from him the Choctaw sprang to his feet, gave his death-cry, cut him down, and performed on him the operation intended for himself; then, taking his gun and valu- ables, returned to his party in triumph. At the same time a free negro named Simon, a captain in the black company attached to the army, distinguished himself by a singularly bold feat performed before the whole army. He started at a run on foot to the height on which the fort lay, and though the Indians sallied out, and balls were raining around him, he held on, and reaching a troop of horses at pasture, picked out a fine mare, sprang on her back, and rode back to the camp unscathed. The same day, about eleven o'clock in the morning, a rumor I ; !.!• I'M' w hfWt inprwpwMiPMvnnilwi ' ]^! '' .i ' mm ifn m ' W' ■ ■ h^' If/' ' 1, • : j' ^^^ii 112 HISTORICAL MEMOIRS OF LOUISIANA. was spread that D'Artaguette, commandant of the Illinois, was approaching, and some even thought thej could descry his banners, but on examination the report was found to be unfounded.* They now thought only of retiring; the most severely wounded were put on litters; those slightly wounded were ordered to follow, and, the army being put in motion, they went and slept about a league from the enemy. During this march a party of our Choctaws ambushed in a little wood in our rear, fell on nine hostile Indians, Avho had come to scalp and search the dead, and killed them all. The next day the army resumed its march, and bivouacked about a league from the landing-place, which they reached early next morning. There, while our troops were at their meal, we were on the point of quarreling with our Choctaws, who, excited by Redshoe, were almost on the point of attack- ing us, when their great chief appeased them. He was so enraged that he would have blown out Rcdshoe's brains had he not been prevented by Bienville, who was establishing peace, after ordering his army to embark and proceed to Tibia, as it did. Meanwhile, he delivered to the Choctaws goods, powder and ball, and sent them off satisfied ; after which, he joined the army again in a most critical moment ; for, had they remained there twenty-four hours more, they would either hp-e perished by famine in an enemy's country, ♦ It is not easy to justify Bienville's co^nduct in this expedition. Tiie war was raslily broujjlit and rashly conducted. He entered Hie enemy's country without any means of siege, made one attack on a fort, and then, without attempting by Scouts to open a communication with D'Artaguette, whom he had ordered to meet him in the Chickasaw country on the tenth of May, or making any attempt to give him uroper orders, without even taking one Chickasaw prisoner to get any information of Dartaguctte's proceedings, he retreated, and ended the campaign disastrously. It is more than probable that if the forces of Bienville, D'Arta- guette, Montcherval and Grandpre, had united and attacked the Chickasaws at the same time, the result would have been favorable to the arms of Franco. niSTORICAL MEMOIRS OF LOUISIANA. 113 or been compelled to return by land, as the water liad dimin- ished greatly. In fact, Mobile Kivcr, which, after the winter rains, is a beautiful stream in spring, is a mere brook in sum- mer, especially at the part where we were, that is, not more than twelve leagues from its source, and about two hundred from the capital, which we reached however safely. Some time after, a sergeant of the Illinois garrison reached us. He had been made a prisoner and slave by the Chicka- saws, but had so gained the good-will of his master, that he not only gave him his liberty and provisions, but had even shown him the road to take across the woods to Mobile. This sergeant stated, that " in obedience to the orders of the Com- mandant-General, D'Artaguctte, commandant at Illinois, reach- ed the Chickasaws on the ninth of May, with fifteen hundred men, and encamped in sight of the enemy till the twentieth, without hearing anything of the general's arrival.* Meanwhile, the Indians in his army murmured, and wished cither to return or to attack ; he chose the latter, attacked the enemy, and forced them to abandon their village and fort; then attacked a second village with like success; but while jjursuing the routed foe, he received two wounds. When his Indians knew this, they abandoned him. A Jesuit (Father Sc .it) and forty-eight soldiers remained (with Vinccnncs) true o him. These soldiers gathered around their commander to defend, him and repulse the enemy, who attacked however so vigor- ously, that D'Artaguettef and his party were'at last forced to n\ m iV, ii'" 1} *It is stated by Gayarru that D'Artaguctte rccciveJ a letter from Bienville, in which he informed Iiiin that unexpected obstacles would prevent him from reach- ing the Chickasaws before the end of April, and that he must take measures accordingly. He thereupon hold a council of war, and determined to attack tho Chickasaws. t This officer was the youngest brother of Diron D'Artaguctte, who had long held office in the colony. He served with distinction in the Natchez war, and was rewarded for his bravery by promotion to the command of Fort Chartres. In 8 m '■ 114 HISTORICAL MEMOIRS OF LOUISIANA. surrender. Instead of ill treating them, tlie enemy conducted them to their village, and kept them as prisoners, hoping by sur- rendering them to obtain peace from the French, if they came to attack them ; but__\vhen they learned that our troops had retreated from their territory,* they led them out to a plain, and tying them by fours to stakes, burnt them all with a slow fire, except himself, whom they spared on account of his master's affection for him. CHAPTER XXXIX. NEfFEXPEDITIOnAOAmST THE CHICKASAWS.— PEACE MADEWITH THE irfDIANS. Meanwhile, the commandant thought of avenging this defeat and the deaths of the brave men who fell in the last expedition. With this view he prepared to march against the enem)? again, not by the Mobile River, as before, but by the St. Louis (Mississippi), to escape the disadvantages of the other. As, however, he did not deem his forces sufficient for the enterprise, he wrote to France, and orders were sent to compliance with tho orders of Bienville he set out for the Chickasaw country with a large force of Indians, but leing warned by the fate of Lescur, he slackened his march, and arrived at the place of rendezvous only on the eve of the very day that was appointed. He encamped in sight of the enemy, and B'jnville not arriving in time, his Indian allies compelled him to attack the enemy, which resulted in his defeat and cruel death. The brave Vincenncs also refused to fly, and he too, with Father Senat, perished at the stake. • " The Chickasaws," says Pickett, "have never been conquered. They could not be defeated by De Soto with his Spanish army, in 1541 ; by Bienville with his French troops and Indian allies, in 17.36 and 1740 ; by Vaudreuil and his army, in 1752 ; nor by the Creeks, Cherokees, Shawnces and Choctaws, who had continually waged war against them at different tirri 7." Thus ended in a complete failure the expedition of Bienville, which bro'.^hi. a cloud of censure upon his military fame. HISTORICAL MEMOIRS OF LOUISIANA. 115 Bcauharnais,* Governor of Quebec and Canada, to assist him. Tlie court at the same time sent out tiiree royal vessels, com mandcd by the Chevalier de Kerlcrec, and which brought a body of marines under the Chevalier de Noailles. While these vessels were on their way, the commandant-general wishing to have, as before, an intermediate station for his troops, sent off a large detachment to St. Francis Eiver, to build a fort, and one Avas soon erected and put in a state of defence. The royal squadron arrived before New-Orleans in the month of May, 1739, and soon after the commandant-general sent to Fort St. Francis the first convoy under the Sr. do Noyan. lie himself proceeded to that post towards the close of June, and the whole army assembled. It was composed of marines, troops from the capital, militia and negroes, and some neigh- boring Indians. The whole embarked, leaving a small detach- ment to garrison the fort, and proceeded to a little river called Margotjf where the general thought proper to land. This point was indeed ^twelve or fifteen leagues from the enemy, but there was here no danger of a fall in the water, which would compel a land-march. The army encamped at the foot of a hill in a very pretty plain, and as soon as all were settled the general proceeded to fortify his position. The troops were immediately employed in felling trees and raising palisades, so that they had soon erected a large and spacious fort, with .1 house for the commandant, barracks for the soldiers, store- houses and a bakery. It was called " Fort Assumption," because the army landed on that day. At the same time they began to clear the roads, make sleds and carts, to carry not only cannon, but the ammunition, and supplies necessary for a siege. *Thc father of the first husband of the Empress Josephine, t This is now called Wolf River ; and Fort Assumption was built on a bluff near the present city of Memphis. h i a : I ' 'I ■I ,ii m I ; ,11 -I- :. -til w .'■'■■ it, mil ^11 116 HISTORICAL MEMOIRS OF LOUISIANA. M At this post the army was joined by the reinforcements ex- pected from the upper provinces. First, there arrived the Sieur do la Buissouiure,* commandant of the Illiuui.s, at the head of lils garrison, and such Indians as he could gather of various tribes ; he brouglit horses and many head of cattle. After him, came Captain dc Celeron and Lieutenant de St. Laurent, followed by thirty cadets, sent by the Governor of Quebec, with a great number of Canada Indians, Iroquois, Hurons, Nipissings, Algonquins, &c. These united troops made up a formidable army,f such as had never yet been seen in the country, both in numbers and in the variety of the nations composing it; all assembled to avenge the French on their enemies, the Natchez and Chickasaws. The troops remained encamped here without undertaking anything, from August, in that year, till March, 1740. Pro- visions were at first abundant, but at last became so scarce that they had to eat their horses, and sickness breaking out in the camp, carried off great numbers. In these circumstances, the general seeing himself reduced to the sad necessity of being able to use only his auxiliary troops, as his own were sick, and considering that, perhaps, these very Indians, then our allies, would one day reproach the French with having prevented their crushing the enemy, he resolved to use mildness, and prefer peace to war. In consequence of this resolution, to- wards the middle of March, he dispatched the Sieur de Cele- ron, with his thirty cadets and his Indian troops, to the Chick- asaws, Avith orders, in case they came to ask peace, to grant it in ;^his name. What the general had anticipated took place. As soon as Celeron came in sight of the Chickasaw fort, * La Buissoniore had succeeded the unfortunate Chevalier d'Artaguette to the command of Fort Chartres. t The army of Bienville numbered about twelve hundred white troops, and double that number of Indian and black troops. — Martin. s if HISTORICAL MEMOIRS OF LOUISIANA. 117 the enemy, believing him followed by the whole army, gave up all hope and struck their flag ; and, though a dangerous expedient, came to him to ask peace, and beg him to intercede with the general for them, protesting tliat they were friends of the French, alleging, in proof, that they had in their village two English but no French slaves. They, at the same time, offered to receive into their villngc such person as he chose to send, to witness with his own eyes the truth of what tlicy said. Lieutenant de St. Laurent undertook this, and set out with a little slave of his, but soon repented committing himself some- ^v'hat too lightly to the good fliith of a nation of which they were not sure. Scarcely were they in the fort than all the Indian girls and women were clamorous for their heads ; and they were actually conducted to a strong cabin and locked up there for an hour, while the chiefs and leading men were deliberating whether they should or should not make away with the Frenchman. They at last resolved to spare him, to obtain peace by his means ; they then left the council, put on their ceremonial dress, and came dancing and singing, to pre- sent the calumet to the lieutenant, making him smoke and giving him presents, swearing that henceforward they Avould regard all Frenchmen as brothers. The Sieur de St. Laurent, charmed at the result, promised the same, on behalf of his countrymen, and they left the fort together to go and present the calumet to the Sieur de Celeron, Avho accepted it, and promised peace. After remaining three or four days with these Indians, the captain set out for the army, with a considerable deputation of Chickasaws, who, on their arrival at the camp, cast themselves at the feet of the general and begged peace. They delivered into his hands their two English slaves, and swore to regard the French thenceforward as brethren. Thus were pacified ia I Si li H . . 118 IIISTOKICAL MEMOIRS OF LOUISIANA. the troubles with tlie Chickasaws in the month of April, 1740.* The general then dismissed his auxiliary tr(X)ps, after thank- ing them, by presents in goods. Fort Assumption, now use- less, was razed, and the army rc-embarked to return to tho capital, which it reached in safety after an absence of more than ten months, destro_ying on their way back Fort St. Francis, now equally useless. Thus peace seems to have restored calm in the province, so that now they can continue forming new settlements on its lands, which arc, as we have seen, of the finest quality. Yet, it must be admitted, that if the Chickasaws have thus far kept their word, the Natchez have still continued to bo trouble- some. They had retired from among those allies, ■'Aio had re- ceived them so well, and roanied about the conntrv without Laving any fixed abode. In June, two months after the conclu- sion of the peace, a boat, going from New-Orleans to Illinois, was attacked by them when almost at its destination, all on board killed, its cargo carried off, and the boat itself broken to pieces. In the boat was a girl of fifteen or sixteen, on her way from the Ursuline Convent at New-Orleans, Avhere she had been a boarder, to the Illinois post, wdiere she had a sister married to the storekeeper. This young girl had the good fortune to escape from the Indians and to reach her sister, traveling through the woods and living only on wild herbs. * This campaign closed the military career of Bicnviih? in Louisiana ; and to crown tlic n)isfortuncs of two disastrous campaigns against the Chickasaws, ho was succeeded in the government of Louisiana by the Marquis do \ audreuil, Tn 1741, Bienville returned to France, where he died at an advanced age. His martial but benignant countenance has been preserved in a well executed portrait, which now adorns the family mansion of Baron Grant, of Longueil, Canada. The State of Louisiana should possess a copy of it. HISTORICAL MEMOIRS OF LOUISIANA. 119 CHAPTER XL. NEaROSLJrES. t( It would bo wrong to suppose the negroes I have so often mentioned to be natives of Louisiana. They are blacks, from the coast of Guinea, sent into the province by the company, and distributed to the colonists at a thousand livres a-picce, payable in three years in colonial produce.* When a slave vessel arrived it was visited by surgeons, who separated tho healthy from the sick, and put the latter under treatment. The former were then divided in this way : Such settlers as were named to have negroes went to the commissary-ordinator, and drew from a bag a ticket, whose number denoted the negro or negrcss that fell to them, each negro having a number around his neck. As for the sick, they were sold at auction, and as there were always settlers who could not get healthy ones, the biddings ran so high that the sick brought as much as tho others. These negroes are fed in their masters' houses, with rice, maize, or other food of the country. Some of these slaves can really rejoice at having fallen into good hands ; but there aro many, too, who suffer. They are sent to work at daybreak, either in the fields, or at something else ; in the course of the it -if. * In 1712 there were but twenty negroes in the colony, and, although Crozat's charter conferred the privilege of introducing them, it does not appear that ho availed himself of it to any extent. The first large importation was made under the auspices of the Western Company in June, 1719 ; and during the existence of the company and or several years afterwards, their agents continued to sup- ply the demand at the rate of three to five hundred annually. The common price for a good negro man was about one hundred and fifty dollars ; and for a woman, about one hundred and twenty dollars. — Historical Collections of Louisi- ana, vol. iii., p. 64. 120 HISTORICAL MEMOIRS OF LOUISIANA. morning Ihcy have liuU'un liour for breakfast, and at lialf-paat eleven tlicy go to the house to gut their dinner, and then work again IVotu two till sunset, when they conic home again, and then, soinetinics, must break rice or Indian corn to make bread. TIioso who have many negro slaves, and arc consequently looked upon ns lords in the country, do not take the troul'le to lead them to work themselves; for this purpose they hire a Frenchman, who manages and watches them. Sometimes a confidential negro holds, and ho then carries a whip as a mark of distinction. Tiie negresses go to work like the negroes; and Avhcn nursing children, carry them on their backs, and follow the rest. Most of the slaves clear grounds and cultivate them on their own account, raising cotton, tobacco, &c., which they sell. Some give their negroes Saturday and Sunday to themselves, and daring that time the master docs not give them any food; they tlicn work for other Frenchmen who have no slaves, and who pay them. Those who live in or near the capital general- ly turn their two hours at noon to account by making faggots to sell in the city ; others sell ashes, or fruits that are in season. Some of these negroes have behaved so well as to gain their freedom, and have begun plantations in imitation of the French. "When a negro maroons, that is, runs away, he is flogged when taken. The punishment is inflicted in this Avay : he is laid flat on his face on the ground, his two legs kept together, and his arms extended and tied to two stakes so that he forms a letter Y. In this state he receives a hundred or sometimes two hundred blows of a carter's whip. While this is going on, a lighted brand must be kept ready to apply to his face when he does not cry ; for it often happens that in their rage at the punishment, negroes have choked themselves by thrust- I niSToiucAr. mkmoiiw of Louisiana. 121 irif^ tlicir toiifjuo over their palate aiul aetually sucking it in. When their skin is thus in nhreds, it is rubbcMl with a sponge dipped in pepper and vinegar. At Cape St. Fraiieis in St. Duniingo, tliey u.sc lemon juiec and pimento. 'I'his is a pain- ful ai»plieation, but a sovereign balm, for it cures their wounds in twenty-four hours. After this punishment they are put in irons and kc])t fasting until they j)romise to behave better. When a negro commits any crime jmni.shable by death, he is punished in the usual way and his master loses him, but he does not bear the whole los.s, the other iiduibitants being obliged to contribute with him to make up the priei of tlu' negro.* As the race of hangmen have not yet eniigrated, and a well- ordered government must have them, they had to choose one of the eom{)any's negroes to fdl that post in the early part of the establishment of the colony. I lis name was Johnny; "when he was called and they had explained their wi.sh, he tried to get clear of it, although they promised him his liberty. IJut when he saw that they would force him to it, he exclaimed : " Well 1 that is right, ■wait a moment," and runnmg to his cabin, took an axe, and laying his arm on a block cut oil' his hand, and returning to the meeting showed his jnaimed limb, and his consequent inability to exercise the ofliee with -which they would have honored him. It is easy to imagine the efleet produced by this action : the first thought was to save his life ; he was put in the hands of surgeons, cured, and made com- mander of the company's negroes. As for the office, another less delicate was found, who accepted it as the price of his freedom, so that the hangman in the colony is a negro. * In order to regulate the treatment of slaves, Bienville drew up a code in re- ference to them wlilch he promulgated in 1724. It remained in full force till after the cession of J^ouisiana to the United States, when a new code was drawn up, which is now the law of the land. — Historical ColUctions of Louisiana, vol. ill., p. 89. it 122 HISTORICAL MEMOIRS OF LOUISIANA. CHAPTER XLI. AEW DISCOVERIES TO REACH THE WESTERN SEA BT TtlX MISSOURI. I SHALL close what I liave to say of Louisiana, by some remarks sent me by a friend, (Lepage du Pratz,) Avliom I have already frequently cited. They relate to the "Western Sea, and the means of reaching it by the Missouri River. I will in this chapter give his own words : " An Indian from near the Yazoos," sa} s he, "called Mon- cachtabe, surnamcd by the French interpreter, because ho spoke almost all the Indian languages of North America, was brought to me at my request. He had been mentioned to me as an extraordinary man for long voyages ; he had in fact traveled three years on the Canada side and one on the other, and in the west-northwest. I received him well, and as he stayed sometime at my house, I was enabled to get from him, at leisure, an p'^f^ount of his travels. In one of our conversa- tions on this subject, I learned the following of his voyage to the west-northwest : "He ascended the St.'Louis (Mississippi) to the Hlinois; thence, crossing the river either on a raft or by swimming, he began to travel by land north of the Missouri, a river which the Sieur de Bourmont, who ascended it to its source, gives a course of eight hundred leagues from its rise till it empties in the Mississippi. Following the north bank of this river, Mon- cachtabd reached a nation said to be the nearest to the place of his departure; here he made some stay to perfect himself in their language, whicli he knew already, and to learn that of the nearest nation in the direction where he proposed going. He followed this course, advancing from tribe to tribe, and HISTORICAL MEMOIRS OF LOUISIANA. 123 ISSOURI. )y some L I havo rn Sea, [ -will in 3d Mon- aiise lio ica, was id to me . in fact le other, d as lie 3m him, onversa- )yage to [llinois ; ning, he ;r which gives a ipties in 3r, Mon- place of himself n that of d going, ibe, and thus greatly prolonged the time of his travels, which embraced H/e years. Ilaving at last reached the source of the Missouri, always keeping to the west-northwest, he visited several nations on a neighboring river, which ran in the opposite direction, since, as he judged, it ran from east to west into a sea, of which the Indian did not know the name] any more than of the river. " Moncachtabd followed it, however, for some time, always keeping on the same route, but he could not reach its mouth, because the last tribe, where he was forced to abandon his progress, was at war with another between it and the sea. He was very anxious to see it, but the open war between the two tribes prevented it, and even prevented his learning any more about it then, because the few prisoners in the hands of his hosts were too young to give him any information on the point. However, the hope of getting some light in the course of time induced him to stay there a considerable time ; he even went on a war party with his hosts, and as soon as winter came, the season set apart by the Indians for hunting and war parties, he joined the first one that started against the enemy. It was not successful ; they made no captives, and lost some of the party. The first parties indeed seldom succeed, because the enemy are then on their guard. Moncachtabd was not discouraged ; he joined a second party against the same nation, which proved more fortunate. They defeated a party of the enemy and took four prisoners, three men and a woman of about thirty-two, who, taken by our traveler, became his slave. These four Indians were led in triumph by the Indians to their village to be burnt with their ceremonies. The men were in- deed burnt, but Moncachtabe kept the woman in his cabin, married her and treated her kindly, in hopes of deriving from her some information on the point he desired. fLTBBS 124 HISTORICAL MEMOIRS OF LOUISIANA. " In fact, after wiping away her first tears, tliis woman the more readily answered her husband's questions, and satisfied his curiosity, as ho showed her much fricndshiji, and she knew that he did not belong to the enemies of her tribe. She told him then as follows : y" ' Our country,' said she, ' is only two days' journey from the great water. I wont there about four years ago with some men and women of our village to get some of those large shells which they use as ear-rings, and the large flat ones worn by men around their necks. AVhilc we were gathering them there appeared on the great water a large piragua, in which there were two or three bodies standing up, with something hanging from the top that swelled up. (This sorry description, it is clear, means only a ship and its sails.) After this large piragua,' continued she, ' we saw a smaller one (a boat) ; it entered a large and beautiful river, and i;ook wood and water to the large piragua. Those in the little piragua saw us, and we apparently were equally afraid of each other. We returned to a wood on a height whence we could easily sec them ; they were G.vo days taking in wood and water, and then all got into the large piragua, though we were too far oft" to sec how they got the little one in. After that, they swelled up the hanging thing in the large piragua, and were carried far away, and disappeared from our eyes as if they went down in the water. " ' As we had had time to examine them during the five days which they spent near us, we saw that the men were smaller than ours, with white skins, black and white hair on the chin, no hair but something round on the head. They wore some - thing on their shoulders which passed over their shoulders, covered their bodies and came down to the middle of the leg ; they had also leggings and shoes different from ours. Wo nan the satisfied le knew 5he told ey from til some yQ shells A'orn by ;m there ch there hanging , is clear, piragua,' itered a • to the and Ave cturned n; they got into ow they langing v^ay, and in the ive days smaller he chin, e some- oulders, the leg ; rs. We HISTORICAL MEMOIRS OF LOUISIANA. 125 never could count more than sc .n in the little piragua, and one little boy, but no women.' " Such is, in substance," adds my friend, " the answer of Moncachtabd's wife to that traveler; and from it I am inclined to believe that the great water of which she spoke was the western sea, so long sought." Think what we may of this account of Lepage's, which some will perhaps regard not as a reality, but as a poor imita- tion of Kobiuson Crusoe, it cannot possibly sulllcc to give our geographers much new light as to the real position of the western sea and the means of reaching it. To have better, the reader must consult Do Lisle and Bubachc's new map of North America. [It is much to be regretted that M. Dumont, who lived some years after he re- turned to France, had not brouglit down his liistory of Louiaiana to its abandon- ment to Spain. Few events of importance occurred however in Louisiana from 1740 until that period. The colonists were exempted from disastrous wars, which enabled them to extend their settlements, to cultivate their fields, and to prosecute their trade with the West India Islands. They now began to export some cotton, also, considerable quantities of indigo, peltry, hides, tallow, pitch, tar, ship-timber, ar. ' other raw materials. These exports continued, and gradu- ally increased till the country was ceded to Spain in ITIVJ. The fate of the Louisianians will now form the subject of the next memoir, by the Chevalier de Champigny, wliich will throw new light upon the cruelty and oppression of the Spanish government in Louisiana.] ir • ;■' ' -1 i. m ^im "111 ■M Mm I' si ti ...■■A. kH ;;'iL Wl ■4 r '■v':' MEMOIR ON THE PEESENT STATE OF LOUISIANA: .ii' 1 t ''•nfe BT CHEVALIER DE CHAMPIGNY, TRANSLATED FROM THE FBENCH. 'if >f ff ltd '■>■ *p] (19 1 1» f' ,^ PREFACE. Louis XV. had just, by the treaty of Versailles, restored to Franco the repose and tranquillity which had become an urgent necessity. The multiplied and bril- liant victories of the English had totally changed tne face of America. Canada had fallen a prey to the conqueror, Florida had been ceded to him in exchange for Havana, and the limits of French Louisiana had been rolled back to the right bank of the mighty Mississij.pi ; the whole left bank, except the isle of New- Orleans, formed by the Mississippi, and Iberville or Manchac River, having been surrendered to the English. They thus became the possessors of the immense tract of country wl*ich, runnnig from east to west, lies between the Mississippi throughout its course, and the ocean which bathes the coasts of Florida, New- England and Canada. Hudson's bay bounded these possessions on the north, and the gulf of Mexico in part on the south. What remained to France of her vast province of Louisiana, comprised a strip eighty leagues from east to west, from the mouth of the Mississippi to Mexico. The Del Norte (Rio Grande) on the west and the Mississippi on the east bounded these possessions, which extended from 29"^ N. to 50° N., and even beyond. At the moment of the cession of a part of Louisiana to England, we shall see flashing in its French inhabitants a spark of that fire of loyalty that bound them jo their king. We shall see this spark, secretly kindled, burst forth in all its violence at the moment when Spain undertook to enter into possession of apro- vincc which France, (through private arrangoments, incident however to the treaty,) had ended to that country to indemnify her for the expenses of the war. It will, however, I believe, be better to give first a short sketch of what part of Louisiana had been, from its discovery to the treaty of peace in 1762 ; then, con- sider it from the dismemberment, to which it was then subjected, till the arrival of the Spaniards, and finally from their arrival to the present time. These three epochs will form the three ages of the colony ; they will divide, accordingly, this memoir into as many parts. The last will be sujdivided into two sections ; the first will comprise the period between the arrival and depar- ture of Don Antonio de Ulloa; and the second, the subsequent period down to the present. ii-L III MEMOIR OF THE PRESENT STATE OF LOUISIANA: BT CHEVALIEll DE CHAMPIGNY. FIRST PART. FRANCE will not long forget the famous projector, Law,* who was the first to give any impulse to the colony of Louisiana. After the attempt at discovery by M. dc la Salle, f Iberville, a Canadian gentleman,:}: laid the foundations of an establishment in 1699 and 1701 at Mobile and Biloxi, and went around the isle of New-Orleans to reconnoitre the famous river Mississippi, the principal object of his voyage. As long as that great man lived, he protected this rising colony, composed then of some Canadian families who had come after him. After his death, in 1706, the court neglected Louisiana ; the wretched state of the kingdom excluded every * John Law was ihc comptrollor-gpncral of the finances of France, and projector of the famous " Western Company." See the charter of, in the third vohime of the Historical Collections of Louisiana. t For a full account of the discovery and exploration of the Mississippi valley see the first and fourth volumes of the Historical Collections of Louisiana. t Iberville was the first royal Governor of Louisiana. — Historical Collections of Louisiana, vol. iii., p. 10. Wi>;. 130 UISTORICAL MEMOIRS OF LOUISIANA, idee of colonization and expense. Louisiana was ceded to M. Crozat in 1712,* retrocedcd to the king in 1717, and at last Law's project came forth with the ostensible pretext of estab- lishing the India Company there. The vast territory of Louisiana was represented as the richest part of the world ; " ])carls," said they, " could be fished there in abundance ; tlic streams which watered it rolled on sands of gold, and that precious metal was found on the surface of the earth witliout any need of i)rofaning its bosom." What a bait for avarice! The company easily sold at excessive prices estates very rich and fertile indeed. But this was not the ob- ject of the purchasers, they wished gold and silver. Immense grants were sold to the wealthiest men in the kingdom. Loui- siana was soon occupied by greedy possessors, whose main ob- ject was the discovery of mines ; but although there are many in that great colony, they were either not discovered at first or did not exist on the grants assigned, or Averc too remote or too badly located to satisfy the cupidity of the owners. Thus disappointed avarice or miscalculation threw the fault on the territory. The grantees Avere obliged to abandon an ill- conducted and still more badly executed project. The em- ploy ds sent into that country perished mostly on the sands of Biloxi, the rest scattered through Louisiana or returned to Europe. Louisiana soon lost the degree of importance which it had enjoyed. The company did not however abandon its plans of colonization which it had resolved to carry out in that vast country. The settlers sent out soon felt that they must abandon the insane project of mine-seeking to apply themselves exclu- sively to the cultivation of the ground. The fertility of that, * See Letters Patent. — Historical Collections of Louisiana, vol. iii., p. 38. The monopoly of Crozat was terminated by its surrender. He had advanced the HISTORICAL MEMOIRS OF LOUISIANA. 131 ■watered by the Mi;:sissippi, encouraged settlements on its banks, and they now thought of transferring to them the chief settlement, whieh had been first at Mobile, and then at Biloxi. M. de Bienville,* a brother of Ibcrville'.s, founded New- Orleans in 1718, 1719 and 1720. This eity, situated on the banks of the Mississippi, thirty-two leagues from the mouth, becamj th j chief town of the colony. The company sent over many sjttlcrs at its own expense, but of what character was their choice of persons? They gathered up the j)oor, mendi- cants and prostitutes, and embarked them by force on trans- ports. On arriving at Louisiana they were married, and had lands assigned them to cultivate; but the idle life of three- fourths of these folks rendered them unfitted for farming. Necessity vainly calls us to a laborious life, if the knowledge acquired by habit do not enlighten and sustain our efforts. » m colony l)ut little. The minc!) anil comnicrco of Louisiana wore now invoked to re- lieve tlio ilcl)l of France, wliich now exceeded two thousand millions of livres. At this jieriod of depression John Law proposed to the regent a credit system which s'lould liberate the kin:^doin froi. its enormous harden. Under his auspices a new coni[)any was formed, under the name of the Western Company, but better known a ilie Mississippi. The exclusive commerce of Louisiana was granted to this company for twenty-five years. The stock was divided into two hundred tiiousand shares of five hundred livres each, to be paid in any certificates of the public debt. The stockliolders flattered themselves with large profits, and the Directory soon after declared a dividend of two hundred per cent. The delu- sion was now complete, and the stock rose to sixty times its par value. In 1719, the Bank of Law became the Dank of France — T^aw was looked upon as the greatest man of his ai,-e. In 1720, the public began to lose confidence in his management ; and in May, bankruptcy was avowed by a decree wliich reduced the value of his notes to one half . He fled to England, and afterwards to Venice, where he died on the 2l8t of March, 1721), in the .58th year of his age. Such was the issue of Law's celebrated system, which left to the world a lesson on the credit system which it has been slow to learn. Although it proved disastrous to France, it cannot be doubted that it gave an impetus to the successful colonization of Louisiana. * See a sketch of the public life of Bienville, in the llutorical Collectioni of Louisi'tna, vol. iii., p. ilO. ■' iHt, Ml ■ liffii-"nr- f r 132 HISTORICAL MEMOIRS OF LOUISIANA. Accordingly, you cannot finj twenty of these vagabond fami- lies in Louisiana now; most of them died of misery or returned to France, bringing back such idea which their ill success had inspired. The most frightful accounts of the Mississippi soon bcgau to spread among the public, at a time when German colonists were planting new and most successful establishments on its banks, within five or seven leagues of New-Orleans. This tract, still occupied by their descendants, is the best culti- vated and most thickly -settled part of the colony, and I regard the Germans and Canadians as the founders of all our estab- lishments in Louisiana. The fertility of this country presented important objects of culture ; that of tobacco alone sufficed to indemnify the French company 'for all its expenses in colonization, if, in consequence of the pride which had ruined it, it had not sought to extend its possessions and assume everywhere an air of sovereignty which never sits well on a company of merchants, Avhosc attention should be exclusively directed to the means of ex- tending commercial relations and increasing the number of articles of trade. If the company, instead of building forts at excessive prices, keeping up considerable bodies of troops, raising buildings which served only to gratify vanity and give a vain idea of its greatness and power, ard furnishing its agents every means of increasing the expenditure, had confined itself to encouraging the culture of articles of which they knew the importance, we should not now see all good citizens of France sighing over the failure of the attempts to establish a colon}^, whose fertility is admired and importance felt. The company then enjoyed in France a monopoly of the tobacco trade, and drew a great quantity from Louisiana. The post founded at Natchez was as wise as well conceived ; this canton would have furnished all the tobacco needed ^MmL HISTORICAL MEMOIRS OF LOUISIANA. 133 ' & ;iVC in Franco, nnd tlic quantity (? quality) is superior to that whieli this kingdom now derives from our provinces of ^fary- land and Virginia. The misconduct, cupidity and injustice of the French conunandcrs drove the Natchez to destroy com- pletely all the establishments begun on their lands. Tn one day they massacred the inhabitants, jjillaged the storehouses, and the whole colony would have met the same fate but for the assistance of an old woman, who found a means of hasten- ing the day chosen by all the nations in unison, for massacring the French scattered through that vast province. V^y this means the Natchez alone massacred the settlers among them. On escaping from this danger, the French had no alternative but to take quick vengeance, in order to strike other Indians with awe and hold them in check. The Natchez who had struck the French post were destroy- ed, and of that nation, once the oldest and most important in all Louisiana, there remain now only some few families dis- persed in other tribes. After this heavy loss, and the outlay of immense sums use- lessly spent in forts and buildings, the preservation of Louisi- ana became burthcnsomc to the company.* Its monoi)oly, too, was expiring ; and the king, having accepted its surrender in 1732, sent out cargoes of men and women, in whose selection the same vice prevailed, and which accorchngly could not but result as did those of the company. The little revenue de- rived, the immense sums which had without return to be jiour- ed into that rich country without any visible advantage, and 't'l * The monopoly which Crozat and the India Company enjoyed and enforced, checked and destroyed in some deirree the inci|)ient trade which tlio colony en, joyed bi'lore the peace of Utrecht. Yet it cainiot be denied that at the surrender of the charter, the colony was found in a prosperous condition ; the white popu- lation had increased from seven hundred to upwards of five thousand, and the black from twenty to two thousand persons. .:';h 134 mSTOKK'AL MEMOIRS OF LOUISIANA. the wars necessarily earrieil on with tliu Tmliaiis, sielvcned tlicm of a colony tliotieeforwanl regardml sis a burthen. Let lis say all. 'l'li»^ Freiiehinaii, (juick lo coikmmvc and undertake, would have the execution and siiceess krc\) paco with tl'.'j vivacity of his character. ILenee his inaptitude for founding colonies; lunice his laiUire in the alteiiii)ts made by his nati(jn ; fur, if we compare their possessions to llmse of the Dutch and I'aigli.sh, wc must, after observinj^ the means used b}' both, admit that new establishments retjuire the same ?('// ime as children; they must be furnislied with the necessary food, suitable to their development, be neither hampered nor ])U.shed on jjrematurely, leaving time and nature to bring the work to perfection. I pass rapidly over the events which concern I/ouisiana. The notes will su[)ply the deficiency. The various Indian Avars carried on by France from 1730 to 1702, form :he most interesting portion. They serve to prove that the colonists in Louisiana were animated with the same spirit of patriotism which rendered the conquest of Canada so diflicult. liut I in- tend to regard only the political side of Louisiana, and in this view I stop to consider an event stated in the dilferent memoirs, whicli have within the last few years ajjpeared on that colony. The money current there, as in our New-England j)rovinces, was paper having the value of silver. In Louisiana this paper was signed by the intendant, comptroller and treasurer ; every year a certain quantity was withdrawn and bills of exchange on the royal treasury in France given instead. Nothing was better planned. Sales and exchanges were at once facilitated, and the connection between the colony and the mother country strengthened. The war of 1744 multiplied ex{)enses and pre- vented drawing bills of exchange. The quantity of paper •:■»•« i^ mSTOUICAL MEMOIHS OF LOUISIANA. 135 sprcail in the place exceeded llie sums destined by the govern- ment for tlio colony. It was in consequonco called in, tho holders losing two-llfths of the value — a signal fault, though represented as necessary and indispcMisable, but which has greatly impeded the progress of th(! colony. The peace of 17-48* tended to make the evils produced by the depreciation of tho paper currency less sensibly felt. A contraband trade with the Spaniards of Mexico and Havana brought much silver into the colonv between 1748 and 1752. But an essential, though then unnoticed vice in this trade was, that it was not based on the productions of the colony ; it was founded on the aniuencc of strangers, who brought their dollars and Campeachy wood. This flourishing state could last only as long as the trade lasted ; yet all turned their attention to trade and neglected agriculture. Lands were abandoned, comfortable planters sold their negroes and cattle to engage in commerce ; but from 1753, when }>\, do Kerlcrec came to succeed M, Vaudreuil,f the Spaniards no longer ap- ''i •After thn peace of 1748, the French ministry tool< a deep interest in the set- tlement of Louisiana, and held out oncoumi^cmcnts to all those who wished to establish themselves tlierc. Tliey gave iand.s, cattle, ami instruments of tillage to all settlers. t The Marquis dc Vaudreuil was promoted to the government of Canada. He was the son of a distini.'uished ofTicer who had been governor-general of Canada, and belonged to an influential family at the rrench court. His arrival in the colony was therefore hailed with joy, as the harbinger of better days. His ad- ministration was long remrnibered as a brilliant one. Kerlerec, his successor, was a captain in the royal navy. He had been twenty years in active service, and was distinguished for his bravery. He reached the Balize on the 9th of January ; and on the 9th of February, 17.'J3, ho was install- ed CJovernor of Louisiana. He began his administration by being kind to the Indians, especially to the powerful tribe of Clioctaws. He reduced the army to thirteen hundred men. Although the French government had recommended the strictest economy, and had reduced tho army, the expenses for the year 17.'>4 amounted to near a million of livres. In the followmg year the Knglish had attacked the French in Canada, and he expected soon to be attacked himself. In 1757, they had cut off nearly all communication between France and Louisiana, i,!^.. imiiiiMi),ihmupre- ciating its value, and before the king had spoken, connnercc had taxed it. His Christian majesty acted much more favor- ably than was supposed ; for the paper was reduced only half, while on 'change at New-Orleans they lost three-quarters.* It is easy to sec how such shocks injured the progress of the colony. They soon combined Avith other causes to pro- duce the unhappy state into which that province fell, at the time wdien I was drawn there with the troops sent by the English government, to begin establishments on the ceded ter- ritory. The information Avhich I acquired enables me to say positively, that the two main causes of the weakness of the colony at all times are, first, a neglect to encourage agriculture and thereby a medium of exchange ; and secondly, the mis- management in the expenses incurred in the king's name. All believe that Louisiana would have been able to sustain Canada and carry French conquest into the very heart of the English possessions in North America, had the French government thought more seriously of the means of increasing the ])ower of that portion of the new world ! — had it animated the dif- ferent branches of cultivation, for which it is better adapted than any other part of Noith America — had posts been opened 1: * The amount of paper at tliis time afloat in the colony was about seven mil- lions of livres, wluch was seliin;,' at the rate of about five livros in paper for one of specie. About tliis time, too, a memorial was written proposinir to restore confulencc by adopting a plan for the withdrawing of all paper money in the colony. W ? f ! Sw;j**«l«k.:i s*»w.,a»»* jB;iK,s ,., 188 HISTORICAL MEMOIRS OF L(ftjISIANA. 111? ^' for commerce, means of exchange instead of means of cupidity and revulsions been presented, and a deaf ear been turned to those who, impelled by avarice, proposed at times to shackle agriculture under the false pretext of encouraging commerce. Such is the idea that I conceived of the main causes of the languishing state of that colony ; and we shall be convinced of their accuracy, when in the second part we see Louisiana re- covering her strength when the colonists turned their attention to agriculture. This part Avill embrace the period between the peace and the arrival of the Spaniards ; and the success of so short a period will tend to prove what I have advanced in the first part, " that the neglect of agriculture was the main cause of the state of weakness in which the colony was in 1762."'" * In the Archives of the Escurial, there is a document in which Spain states her impossibility to send supplies to the colonists, but recommends it as the in- terest of France and Spain to retain Louisiana. As early as 17G2, tiic king of France wrote to Ki'riercc, tliat, by tlic preliminaries of peace, he had ceded to the king of England a part of Louisiana, and had also resolved upon ceding the other part to his cousin, tlie king of Spain. HISTORICAL MEMOIRS OF LOUISIANA. 139 SECOND PART. iFH.iT LouisnyA irjs rnoM the peace of nc2 till the arrival OF THE SPANIARDS. TnE Frenchman loves his king as the Englishman loves his country ; this love, more disinterested in the former, is as worthy of high praise. These two diiferent springs produce in each nation simihvr acts of patriotism. In the last war we saw the Canadian recognize welfare and hap- piness only under French rule, and for it sacrifice fortune, children, life ; and, after the peace, half the inhabitants of Cana- da abandon their lands, and run the risk of dying from want in France rather than enjoy the ease which their possessions assured them under a free and peaceful government. We sec this same patriotic fire extend to Louisiana among all the colonists who were on the part ceded to tlie English. We shall, in the third part of this work, show this spark the origin of a great conflagration which might have produced the most surprising revolution ; but we arc, at present, to consider what transpired between the peace of 17G2 and the arrival of Don Antonio do Ulloa. This period embraces, if we may iise the expression, the manhood of the colony — a glorious •time, indeed, but too short. The English, as I have already said, had acquired the ces- sion of Florida and all Louisiana east of the Mississippi, whose course became common to the two nations, French and English. The former, however, preserved tlic isle of New-Orleans, formed by Iberville Eiver and the lakes. The circumference of this island is about 150 leagues, but all the land is not inhabitable ; in fact, only the banks of the Mississippi are. The city lies on t 140 HISTORICAL MEMOIRS OF LOUISIANA. the island wliich bears its name, tliirty-two leagues from the mouth of the river, and one league from a narrow channel running to Lake Ponchartrain, which connects with the gulf. As the entrance to this lake belonged to the English,* commerce with the French was secured to them on all sides, as the prin- cipal French establishments are on New-Orleans island, and communicate with the city by the river and lakes. The gulf- shore at Pcnsacola and Mobile is of a white sand, unfit for culti- vation, rendering it indispensable to communicate and trade with the French colony of Louisiana. The English govern- ment had felt it, and by leaving the isle of New-Orleans to the French, they assured themselves a trade which cannot possibly be prevented, and which is, moreover, necessary and very ad- vantageous to the inhabitants. At the moment when the treaty of peace was published, the French, whose possessions lay on the part now become English territory,! were seen abandoning their lands and proceeding with their negroes and stock to territory which they believed, as the treaty pretended them, to be still French. In some places they had only to cross the river. They showed no regret at the constant sight of the plantations which they had abandoned. Who can refuse a tribute to such sacrifices? The promises of the Englisli, the flxcilitics which they afforded, retained only such colonists as could not abandon their possessions without exposing themselves to starvation. * See the correspondence between Gol. Robertson and Gov. d'Abadic, in 1763, on the commerce of the lakes. t Prior to this period the whole territory on both sides of the Mississippi, situ- ated between the northern lakes and the Gulf of Mexico, and between the Mexi- can and Alli'<;hany Mountains, went under the name of Louisiana. That part of it ceded to the English lost the name, but the new acquisition of Spain re- tained it. In 1762, the king of France sent instructions to M. d'Abadic respect- ing the delivery of Louisiana to England and Spain. :d only ,'itliout ill 17G3, HISTORICAL MEMOIRS OP LOUISLVNA. 141 Monsieur cVAbadie was appointed by the French king governor of the part of Louisiana which had been left him by the treaty of peace. The city had the rank of a port of entry, and M. d'Abadie had the direction of the custom- house, thus uniting the two offices of intendant and governor of that wretched colony ; the deplorable state in which he found it, left him no hope of ever seeing it attain the splendor to which he saw it could bo raised. Yet, he employed wisel}' and understandingly the best means to attain it. He felt that a spirit of tratle ;uid exchange had seduced many . To recall some to agriculture and inspire a taste for it, and destroy all hopes of making fortunes otherwise, he diminished the exces- sive expenses of the government, giving a surer and more profitable direction to agriculture ; he flattered the hopes of the colonist, and endeavored to open markets for articles that could employ the greatest number of inhabitants, such as tobacco and rice. Lastly, he permitted the English to trade with the colonists, and even encouraged them to supjjly negroes. TS'o governor had till then perceived, as M. d'Abr/lic did, the real means of prosperity for Louisiana; but the colony was three or four years in arrcar, and this debt was first to be liqui- dated. The Louisiana merchants owed a great part of the invoices shipped by houses in France, and ^r, d'Abadie liad to seek means to send back all these sums in order to restore the colony's credit, entirely lost since the war. This he could not elTect without incurring the hostility of the mer- chants, who looked with a jealous C3'e on the English stores at New-Orleans. But the welfiire of the colonial cultivator called for his first attention. Commerce he could always * English merchants for a nuuibor of years supplird Louisiana and the Ameri- can colonies with negroes from Africa. l! ' I ■ 1 i '■.''■■■ \ -it t-:- l-:ii 142 HISTORICAL MEMOIRS OF LOUISIANA. if restore, and with applause, when the colonial produce, aug« mcntoJ by the facilities ofFercd the cultivator, had furnished the merchants sure means of exchange and speculation.* A premature death unfortunately carried oif this worthy man, at the very moment when he was most occupied Avith means of elevating the colony ; which had as yet but slightly experienced the efficacy and certainty of those means, llis death was not accordingly as much regretted as it should have been.f lie was, moi'covcr, replaced by M. Aubry a man whose valor had won the highest praise in the last war, and whose ♦The merchants addressed a ninnorial to M. d'Abadic on the 7th of June, 1704, depiclinff the wretched condition of the colony produced by tiie depreciation of pajior money. Tiiis document contains a practical refutation of the paper system, .tikI shows its demoralizing ellects. — A rehires of France. tM. d'Abadic was appointed l)y the kini,', director-general in 1774, in which year he arrived in Louisiana. This magistrate was profoundly distressed with the duty he was instructed to perform, and the grief which it occasioned caused his death on the 4th of February, 1765. It is staled by a writer of this period, that he died universally regretted. " A disinterested ruler, just towards all, and inflexibly (irm in causing the laws to be respected, he severely repress- ed the excesses of nuisers towards ihcir slaves, and j)rotccted the Indians from every kind of oppression. By his exanijile, he caused religion and morality to be honored ; and left a memory dear to all Louisianians." In October, 1764, M. d'Abadic announced the cession to tlie colonists. This intelligence plunged the inhabitants into the deepest consternation. They in- dulged however the fond hope that their united exertions might aveit the im- pending calamity. Every parish was accordingly invited to send its most notable planters to a general meeting in New-Orleans in the beginning of the following year. It was attended by almost every respectable planter from the province, and by almost every person of note in New Orleans Lafreniere, the attorney- general, addressed tlieinectiiig in a patriotic speech, wliich he concluded with a proposition, "that the sovereign should be entreated to retrace his steps, and that an agent should be sent to France to su))plicate liis majesty." The propo- sition was as.sented to without a dissenting voice, and Jean Milliet was selected for the important mission. He went to France, and at Paris he was assisted by Bienville, the former governor of I.ouisiana, who bewailed the dismemberment of Louisiana. He called with Milhet on the Due do Choiseul, but as he was the prime mover of the measure, they were denied access to the king, and the mission failed. Milhet returned to New-Orleans ; reported the ill success of his mission, and ended his days as a state prisoner in the Moro Castle, Havana. :'«i! ' 5i;''' i HISTORICAL MEMOIRS OF LOUISIANA. 143 social virtues made biiu generally respected. It was not remarked that the qualities of a good soldier and a good citi- zen do not necessarily suppose those necessary for government, the administration and finances. M, Aubry, an excellent grenadier, had no quality to fit him for governing projierly u colony situated as Louisiana was then. A talent fur superior to this governor's was needed to carry out the important work begun by M. d'Abadie, and to fulfd worthily the diflieult commission imposed upon him. The planter who, under M. d'Abadie, had felt the nccey-sity of devoting his time to cultivation, and whose essays had proved how advantageous it Avould be, did not relax under M. Aubry, from whom he expected as much protection and encouragement as he had received from liis predecessor. But sometime before his death, in 17G3.. M. d'Abadie had received from the French court notice of the cession of Louisi- ana to Spain, by an act passed at Madrid and Versailles at the time of the peace of 1764. No one knew why this cession had been so long kept secret, or why France had after that sent a governor and troops in her pay. The French king, an- nouncing the cession, ordered M. d'Abadie to enter the letter* '••'^ with a 'ps, and c propo- KcU'cted stcd by herment he was and the is of his na, * Louis the Fifteenth to M. d'Abadie. " Monsieur d'Abadie : — Havinir, Ity a special act, passed at Fontainebleau, November 3d, 1762, ceded, vohintarily, to my dear and well-bclovod cousin, the king of Spain, his iicirs and successors in full right, purely and simply without exception, the whole country known under the name of Louisiana, as well as New-Orleans and the island on which that city is situated ; and the king of Spain having, by another act, passed at the Eseurial, on the lUih of Xovrmlier, in the same year, accepted the cession of the said country of ],ouisiana, city and island of New-Orleans, according to the annexed copies of these acts ; I address this letter to inform you that my intention is, that on the receijit of this letter and the copies annexed, whether it reaches you through the oflkcrs of his Spanish majesty, or directly by the Trench vessels charged with its delivery, you will resign into the hands of the governor therefor appointed by the king of Spain, • ti ^. *A!,i'JS«wwi:ii,t»A. . 144 HISTORICAL MEMOIRS Or LOUISIANA. ' '! in tliG council minutes, that the different departments in the province miglit refer to it when necessary. I was an eye-witness of the consternation which this over- whelming news produced at New-Orleans. A general despair would have followed, had they not fondly hoped that the ces- sion would never actually take j^lacc. They could not conceive the said country and colony of Louisiana and its drpondcncics, with the city and island of Ncw-Orlcan?, in sudi state as thi-ymay bo at the date of such cession, wisliing that in future they bolong to his CathoUc majesty, to bo governed and adniinistorcd by his governors and ofiicers as belong to hiui, in full right and without cxco[>tion. I accordingly order, that as soon as the governor and troops of his Catholic majesty arrive in the said country and colony, you put them in possession, and withdraw all the ofiicers, soldiers, and employes in my service in garrison there, to scud them to France or my other American colonies, or such of them as arc not disposed to remain under the Spanish authorities. I moreover desire, that after the entire evacuation of the said port and city of New-Orleans, you collect all papers relative to the flnances and administration of the colony of Louisiana, and come to France and account for them. It is, nevertheless, my intention that you hand over to the governor or officer thereto appointed all the papers and documents which especially concern the government of the colony, either relative to the colony and its limits, or relative to the Indians and the various posts, after having drawn proper receipts for your discharge, and given said governor all the information in your power to enable him to govern said colony to the reciproeal satisfaction of both nations. It is my will that there be made an inventory, signed in duplicate by you and his Catholic ^majesty's com- mis.sary, of all artillery, effects, magazines, hospitals, ships, &c., belonging to me in said colony, in order, that after putting said conuiiissary in possession of the civil edifices and buildings, an e.stiniate be made up of the value of all the said efl'ects remaining on the spot, the price whereof shall be paid by his Catholic majesty according to such estimate. I hope, at the same time, for the advantage and trancpiillity of the inhabitants of the colony of Louisiana ; and in consequence of the friendship and aflection of his Catholic majesty, 1 trust that he will give orders to his governor or other officer employed in his service, in said colony and city of \evv-Orleans, to continue in their functions the ecclesiastical and reli- gious liouses in charge of the parishes and missions, as well as in the enjoyment of the rights, privileges and exemptions granted to them by their original titles ; to continue the ordinary judges, as well as the superior council ; to render justice according to the laws, forms and usages of the colony ; to guard and maintain the inhabitants in their possessions ; to confirm them in possession of their estates according to the grants made by the governors and intendants (ordonna- tcurs) of said colony, and that such grants be deemed and reputed confirmed by his Catholic majesty, even though not yet confirmed by me. Hoping, moreover, that his Catliolic majesty will be pleased to give his subjects in Louisiana the M mSTORICAIi MEMOIRS OF LOUISIANA. 145 will give how France could abandon a colony so convenient for her European and West Indian trade. They saw how little benefit it could bo to Spain. They still imagined, so much did they fear a change of government, that the cession of Louisiana was only a temporary political arrangement, and such as could conceive it to be real, redoubled their ardor to increase the revenue in the liope and desire of laying up a competence in Europe. Nobody accordingly thought of becoming a Span- iard, so dear is country to every virtuous heart. Tlien was felt what encouragement and emulation the several objects of produce v.ould have done. The various motives which animated the colonists all concurred to the same end ; industry was carried to its highest point; machines were everywhere raised to multiply force and facilitate works. Eevenues everywhere doubled, nay tripled in some places. Louisiana indigo, till then depressed, equaled that of St. Domingo in quality and value, such was the care devoted to its manufacture. More expeditious and convenient saw- mills considerably increased the lumber trade ; cotton was planted, and its quality tested by manufacture.* All took life, and the colony of Louisiana would have become the richest, most populous and powerful establishments in the New World. same marks of airectlon and good-will which they experienced under my govcrn- nu-nt. the greater etTccts of which the evils of war alone prevented their feeling. I order you to register this, my present letter, in the superior journal at New- Orliaiis. ill order that the dilTi-rent states of the colony may he informed of its contents, that they may have recourse to it in time of need. The present letter having no other ohject, I pray Ciod, M. d" Abadie, to preserve you in his holy keep- ing. — Given at Versailles, April 21, 1764. (Signed) " Louis. (Countersigned) " Tiik Duke de Choiskol." * Indigo and cotton appear to have been the only staple productions of Louisi- ana at this timi , although sugar-cane had been cultivated by the Jesuits as early as 1751. 10 I hi I I; in I i : il 14G HISTORICAL MEMOIRS OF LOUISIANA. :^(''8 We read in the memoirs published about tins colony, that a great number of Acadians prepared to leave New-England to come and join their countrymen on the banks of the Missis- sippi, but the news of the cession of Louisiana to Spain, in- duced some to remain where they were, others to go to St. Domingo or Cayenne. Many took refuge in France, a!id were sent to Corsica ; Canadian families Avcre on their way to settle in Louisiana, believing it still French, but learning the change of government in time, settled at Detroit. Yet, who would have been hajipier than the Acadians, had they chosen to avail themselves of the offers of the English government?* But their love of country rose above every other consideration ; they aspired only to live under a French rule, and to enjoy it faced the greatest dangers. They would in preference have gone to Louisiana, the climate of which was more like that of Acadia. What an advantage for France ! what a population for Louisi- ana, if it had not changed rulers ! " Uappy," says the author of one of these memoirs, " Happy, if France had only to regi'Ct these generous citizens !" But the total loss of the colony of Louisiana will necessarily follow its cession to a power so littlo fitted to turn it to advantage. In fact, if wo examine the Spanish colonies, what do we sec ? Misery and o2:)pression spread over a few wretched set- tlers scattered over vast territories, rendered deserts by the cruelties of that nation ; thousands of slaves a thousand times * This is mere flattery of England. There is scarcely an act of her govern- ment more disgraceful to common sense and common humanity than her treat- ment of the Acadians. Williamson, in his History of the State of Maine, has given a thrilling account of their cruel treatment and expulsion hy the English from Acadia. From the 1st of January to the 15th of May about six hundred and fifty arrived at New-Orleans. Part of this number were sent to form settle- ments in Attakapas and Opelousas, and the remainder settled on the banks of the Mississippi, which is to this day called the Acadian Coast. ,-li m UISTOUICAL MEMOIRS OF LOUISIANA. U7 more unhappy than the most abused beasts, for they arc better able to know the extent of their misery, and all employed in wringing from the bowels of the earth the contemptible metals which drew that nation to the new world. The men whom they pretend to call free in Spanish colonies arc born serfs to every man sent to command in the name of His Catholic ^[aje.sty, and who all successively become gorged with tho blood of those whom they harass and oppress. By abusing tho power confided to them, these tyrants become arbitrary, and the wretch who dares complain or mourn soon falls a victim for his natural feelings. Is it possible, that under a just king, engaged in Europe in elevating the well-being of his states and extending abundance and fertility, not one generous soul can be found to carry to the foot of his august throne the erics of the wretched inhabi- tants of his colonics ? The picture that could be drawn of tho horrible vexations to which they arc subjected, would touch his great and magnanimous soul, but cupidity carefully keeps aloof the man bold enough to address the monarch in accents of truth. For soon would follow the destruction of the means which the rapacity of his ofBcers finds of sating itself in the blood of the wretches whom it overwhelms with misery. There arc too many interested in maintaining them. This picture, which the sight of the Spanish colonics daily presents to the people of Louisiana in still more odious colors, was brought to New-Orleans with the announcement of the speedy arrival of the Spaniards. The general terror would necessarily call up tho patriotic feelings which attach French- men to their king, and in general every man sensible to a government which watches over its happiness and well-being. We shall see the effects in the third part of this work, which ■ i f1; IN m ji'^ m 148 HISTORICAL MEMOIRS OF LOUISIANA. will comprise tho interval Letween the arrival of De Ulloa and that of O'Reilly. It is unhappily the period of the deca- denoo of Louisiana. It had since tho peace enjoyed somo splendor only to prove itself susceptible of it. We shall see its flattering hopes vanish, like the ^ash of lightning fullowed by the storm. HISTORICAL MEMOIRS OF LOUISIANA. 149 THIRD PART. WHAT LOUISIANA WAS TKOM THE ARRIVAI. OF THE SPANIARDS TO TIIK TEAR 1771. itdiAiSi'^Mi^:jauZiii!u 150 HISTORICAL MEMOIRS OF LOUISIANA. ,3 I'll virtues, firmness and magnanimity will ever bo an honor to our race — of those men whom a barbarous animosity seems to have chosen, that the splendor of their merit might make it more remarkable. So, in a numerous herd, the fattest and best-looking are selected for sacrifice. So, in his garden, the cruel Roman struck down the poppy -heads that nature had raised above the others. Sad emblem of that reflective cruelty which the world calls prudence and i:)olicy, but which the wise man more justly deems barbarity. Ilowever, let us first relate the facts which usher in that cruel event. A year had elapsed since the receipt of the king's letter an- nouncing the cession of Louisiana, when Don Antonio de Ulloa wrote from Havana to the superior council at New-Orleans a letter, in which he assumed the title of Governor of Louisiana, — announcing the protection of a beneficent king was prepar- ing all hearts to gratitude, and such was the feeling which pre- pared the brilliant reception given to Ulloa. A man threatened with a great danger believes that he has escaped as soon as he sees the least help, no matter how bar- barous the hand that proffers it. Such was the position of the inhabitants]of Louisiana.* They justly shuddered at the cruel- tics and vexations with which the Spanish colonies were op- * * Ulloa to the Superior Council, " Gentlemen, — Having lately received orders from his Catholic majesty to repair to your city and take possession of it in his name, and in conformity therc- witli, I avail myself of this occasion to acquaint you with my mission, and to give you notice that I shall soon have the honor of coming among you to fulfill this commission. I flatter myself in anticipation, that it will aflbrd me a favor- able occasion to render all the service that you or the colonists can desire, of which I beg you to assure them that in th's I will but discharge my duty and gratify my inclinations. " I have the honor to be, &c., " Antonio de Ulloa." " Havana, July 10, 17C5." mSTORIOAL MEMOIRS OF LOUISIANA. 151 pressed; but an animal to be broken to the yoke must be petted for a time. No one expected that the first years of this domination would not be stamped with beneficence and equity. Hope, the faithful companion of desire, showed a retreat to Europe as an easy thing at the end of a few years, and it was supjjosed that, at the moment of taking possession, a term would be fixed for those who should decide to leave the country. The entry of the Spanish governor was too flattering not to seduce three-fourths of the colonists, but sensible men easily discovered the poison under the honey. Some superstitious minds viewed as an ill omen the thunder and lightning which accompanied the Spaniards from their entrance into the river till their arrival at New-Orleans. "We leave to ages of ignorance these auguries and omens ; our business is with facts. They sufficed to strike terror into the UrmcBL niiuds. Polite- ness, courtesy, civility, nothing v/as spared to prove to Ulloa the desire of corresponding to the happy intentions which he manifested. The Creole, naturally good, credulous, generous and sensible, carried his attentions even to meanness. Per- haps this conduct excit 'd the interior contempt of a man who had imbibed all the Spaniard's hatred for other nations, and especially the French. It and his character soon appeared in their true colors in this way. Don Antonio de Ulloa,* a man to whom knowledge and n ; i 'if-: ••I m- • '•I * Don Antonio de Ulloa was descended from a family distinguished in the maritime annals of his country. He was born in Seville, on the l"th of January, 1716, and entered the navy at a very early ago. The first scientific expedi- tion in which he served was that which was sent out by France and Spain to measure an arc of the meridian at the equator, to determine the configuration of the earth. He returned to Spain in 1746, and in two years afterwards published his ill 152 HISTORICAL MEMOIliS OF LOUISIANA. erudition were ascribed, had not the proper talents for manag- ing men. He had not penetration enough to know them, nor impartiaUty enough to avoid injustice or correct a false judg- ment, lie had not that amenity, that mildness, that engaging way which gains all hearts, and above all a Frenchman's. He had not that happy combination of severity and clemency which can punish or pardon in reason. Obstinate, nothing was better than his own plans ; violent, he confounded in his rage all those he dealt with ; imperious, his will was law ; minute in his projects, vexatious in their execution, arrogant when yielded to, timid and supple when resisted, inconsiderate in his plans, destitute of dignity, of generosity, shut up in his cabinet, appearing only to disoblige. Such was the man in soul. In body it would be hard to be thinner or smaller than Ulloa; a sharp, weak voice announced his disposition. Ilis " Historical Relation of a Voyage to South Aniprirn." .Sliortly aftnr, he was pro- moted to a captaincy in the navy, and set out on a tour through Europe by order of the king. On Charles III. ascending the throne, he was promoted to the com- mand of a fleet to the East Indies. He returned to Spain, and was appointed to the government of Louisiana. On the 5th of March, 1766, he arrived at New- Orleans. Acting with his usual benevolence, the king instructed Ulloa not to miike any changes in the laws and usages of the province, and so desirous was Ulloa to conciliate those over whose destinies he had come to preside, that on his arrival he promised to keep at a fixed rate the depreciated paper of the coun- try, which now amounted to about seven millions of livrcs. Ho likewise ascer- tained the wants and resources of the country, and agreed to discharge the most pressing demands against it. On the Gth of May, Spain issued a decree, permitting a direct commerce be- tween Louisiana and the French islands. The colonists, however, became dis- satisfied with subsequent commercial restrictions, which produced a great ex- citement in the colony, and Ulloa had to flee for safety to the Balizc. Here ho cflTected an arrangement with Aubry, the nominal French governor, to deliver the province up to liim, which was accordingly done. A greater part of the year passed away in comparative quiet, but a secret conspiracy had been set on foot to drive liiih from the province ; among whom, were Lafreniere, Foucault, Mar- quis, Noyan, Villerc, Milhct, Petit, Caressc, Poupct and Boisblanc. On the 28th of October, a petition was signed by about six hundred persons, demanding restoration of some ancient rights and liberties, and the exi)ulsion of he Spaniards from the country. This was presented to the superior council, New- iiot to s was that on coun- ascer- niost rce be- ne dis- it ex- 10 ho diver le year n foot Mar- rsons, ion of uncil, HISTORICAL MEMOIRS OF LOUISIANA. 153 features, though regular, had something false withal ; large eyes, always bent on the ground, darted only stealthy glanecs, seek- ing to see and be unseen. A mouth, whose forced laugh an- nounced knavery, duplicity and hypocrisy, completes the por- trait of Don Antonio de Ulloa. Let us have the French governor's to act as companion- piece. A knowledge of a man's natural disposition often enables us to judge a man's actions more certainly than we can judge charo.cter by actions often misrepresented. M. Aubry was a little, dry, lean, ugly man, without nobility, dignity or car- riage. His face would seem to announce a hynocrite, but in him this vice sprang from excessive goodness, - hich granted all, rather than displease ; always trembling for the conse- quences of the most indifferent actions, a natural effect of a mind without resource or light ; always allowing itself to be guided, who issued a decree that Ulloa and the Spanish troops should leave the colony in three days. On the evening of tlie Slst of Octol)cr, Ulloa eniliarkrd with all his troops and sailed for Cadiz, where he arrived on the 4th of Decenilicr, 17G8. Here he wrote an account of all that had transpired to the Marquis of Grinialdi. Aubry, the French governor, also wrote a dispatch to the same minister, stating, that " notwithstanding his great learning, Ulloa was not the proper per- son to govern Louisiana — for, instead of endeavoring to gain the hearts of the colonists, he did every thing to alienate them ; while Foucault wrote that Ulloa committed every day some act of inhumanity or despotism. The superior coun- cil represented to the Duke dc Praslin that through the misdeeds of Ulloa the colony had been thrown into a state of beggary and starvation, and by malicious and restrictive legislation they were prevented from acquiring the means to pay their debts. They concluded, by supplicating the king to retake possession of the colony and annul the treaty of cession. After Ulloa returnepi'rtcd. * This conililioii of tilings is confirmed by Aiibry's dispatch to tlu! French government, dated iiOtii of January, 17()H. " I command," says Aubry, " for the King of France, at tlie same time I govern the colony as if it belonged to the King of Sj)ain. A French commander is gradually moulding Frenchmen to Spanish domination. The Spanish governor urges mo to issue ordinances in relation to the police and commerce of the country, which takes the i)eople by surprise, considering that they are not used to such novelties. The .Spanish flag is now waving at the extremities of the province. It is at the Dalizc, at Mis- souri, on the banks of Iberville River, and opposite Natchez. M. Ulloa has just established these posts, which was done peaceably. It has produced no clian"e in our posts, which still continue in existence. So that, in all those which are on the banks of the Mississippi, from the Balize to the Illinois, the French flag is kept up as before." Again, in anotlier dispatch, Aubry says : " The governor whom His Catholic Majesty has sent here, is a man full of merit, of learning and of talents ; but as an exception to the well-known temperament of his nation, he is exceedingly hasty, and it seems to me, that he does not listen sufficiently to the representations addressed to him It is a cause of discontent in those who have business with him. I had wished that the ofl'icer sent to take command of this government had possessed the art of managing the public mind, and of gaining the hearts of the inhabitants. Men arc not to bo ruled with haughtiness and pride, with threats and punishments. Marks of kindness and benevolence, with judicious promises, would have been necessary to reconcile the coioni.>its to the e.vchange of dominion which lias come upon them. Tiiis was the only course to be pur^ sued, in order to win the afl'cction of new subjects who regret their former master. " If the Spaniards do not act with mildness, and if they attempt to govern this colony like a Mexican one, most of the people will abandon their lands, and cross over to the English, who arc on the opposite side of the river. Thus, in a few years, the Spanish part of Louisiana will become a desert." He concluded with informing the French court that the measures taken by Ulloa were not calculated to give popularity to the Spanish government. — Gayarrc. \ ;'5h 160 niSTORICAL MEMOIRS OF LOUISIANA. \UAi i ■: ■li'mMi: 3 Who docs not feci indignant iit such conduct ? What base, mean trickery! And yet it was on this illegal act only that O'Kcilly was to judge as Spaniards, men who had been ceded without being told of it. But all I have thus far related is only a slight sketch compared to what remains for me to tell, or to omit, as I may think best. Money at last came from Havana. Ulloa knew that the non- payment of the troops had caused some nmrmuring; he hoped, by appeasing them, to be able to ap2)ear in town with a little more security for his life; for, according to the idea which he had formed, he was in constant fear that the colonists would make an attempt on it.* On returning to the city he was as polite as possible, flattered them with the fondest hopes, announced advantage- ous projects, which he never entertained, read letters of con- gratulation on the conduct of the colonists towards him, re- ceived, as he pretended, from the court, lie flattered cupidity, promised to take possession soon, and somewhat restored calm in the public mind. But this calm lasted only as long as he could contain his temper, and above all his hatred and con- tempt for the French. In spite of the complaints which Ulloa repeated a thousand times, he never received from the inhabitants anything but politeness, deference and respect. Complaints and murmurs were carried to Aubry, who a})peased them, exhorted all to patience, assuring them that the French court was informed by all his letters of the just ground on which the colonists had based their complaints. Meanwhile, tyranny was gradually being established and ♦ This fear was pardonable in a man who, if we believe public report, had been obliged to escape by night from a town he commanded in I'eru, on his hearing that the discontented inhabitants wished to burn him in his house. IITSTORICAr, MKMOIRH OF LOL'I.SIANA. 101 and despotism gniricd new strengtli. Onlinancos were annulled, or made a dead letter; the subjects ol' the Freiieh king were ill tnvated and imprisoned by order of the man invested with antliority by ud public or reeoguized act. Never was there a more cruel and critical position than that of the colonists of Louisiana. AVas the colony ceded or not?" If ceded, why did not IJUoa take possession? and why did Aubry continue to govern? "Why did the council jndgi- in the name of the King of France? If not ceded to Sjiain, what ■was Ulloa doing in Louisiana? Why did he command, unop- posed ])y Aubry? AVhy, too, -was French authority alone recogni/cd and predominant? AVhat was the object of this mixture of authority, the more destructive, as no one knew to uhom to apply for a redress of the grievances which occurred daily? The act of cession, if it took efTect, was to bring under a new domination the happiness of a people of which they could not have as yet lost the remembrance. Such was the sacred promise of the French king to his Louisiana subjects — a i)i'omise which, only confirmed the natural feeling that kings have received power oidy for the happiness of the people. But, where were they to claim these sacred rights of man ? To whom address their representations? Ulloa would not listen to them, protested that he had no right, and threatened those who made them with the greatest chastisement on his reception. If they applied to M. Aubry he promised the sup- port of the French court, and evils but increased amid this frightl\d perplexity. An cdictf announced from Europe crowned their despair. * By a privnto arrnngomcnt entered intobetworn Ulloa and Aiiliry on tlio 20lli of January, 1707, it wasajjrcpd that the colony should dclivcrod up to (JIloa, and that Aubry should govern it for the time being. t This decree was issued by Ulloa on the Ctii of September, 17G6. The ex- II il 162 N< IILSTOUICAL MKMOIIIS OF LOUISIANA. course ing it. itcrcoursc with Friinco, duties, imposts. AVas thi.s a ite of the promised felicity ? to lose uU hope of inter- li their country, and almost the hope of ever reneh- /hat a future for Frenchmen, whose sacrifices had proved their attachment to their i)rince! — Cov Frenchmen, who breathed only for the moment when they should be j)ermitled to renew in Europe an oath of allegiance from which nothing as yet had dispensed them. Jlero, their patriotic feeling awoke with all the energy that an essay of tyrannical jjower could give them even bclbre its recognition. The desire of escaping it was naturally the first movement which succeeded this outburst. But to do so with- out being criminal, this is the next thought of a Frenchman. The colonists certainly arc not accused of having abandoned this principle. Tlu'y had many ways of escaping the growing tyranny, and enjoying the rights given them by nature, and by the royal promise to ha]>pincss and repose. They knew that under the English government they would have all the prerogatives of liberty. They beheld the victorious Britons extending them the hand; they had but to cross the river to escape vexations; but an oatli of fidelity attached them to France. Nothing as yet had destroyed this dear and sacred bond. Duty, love, honor, all opposed their emigration ; all prevented their listen- ing to the favorable proposals of the English government ; .all, in fme, obliged them to close their ears to the flattering citrmcnt created by this act of Spain was intense. The desire to throw off the yoke was now {jcncraily discussed, and even the sciicnie of independence was f'avor:il)ly received by the colonists, altliough it was afterwards abandoiied as a Quixotic measure. " The Dulie de Choiseul," says Bancroft, " as early as 17()5, foreseeing the coming fortunes of the new world, expressed his regrets for Louisiana, because he foresaw that the American colonies must soon become independent, and predicted the result of the faial struggle between England and lier culonies." III3T0HICAL MEMOIRS OF LOUISIANA. 103 protniso^ made to such ha shoiilil sotllo oti tlio po.^sessions of the Kii^rlisli kiiij*. Tlioy could not compliilu to the court <>f Sptiiu of tlic cvil.s tlircatcnc'd tlieiii by IHloa, and witli which ho smote the colony. They were induced to believe that lujlitictd veason.s kojit the courts of Afadrid and Versailles in suspense as to the possession of Louisiana, inasnuich ns the S^tanish envoy did not carry out his powers, lie might be commissioned by liia court to examine the colony and render an account, ft is well known that IJlloa frequently siylcd himself sinipl}' Inspector. In this ([uality, without taking possession, and not having been rc- cognizetl, he had no riglit to command, still less to harass; for not even the act of taking possession woidd give this, contrary to the orders, will and desire of the king, his master. Another reason confirmed the French in the idea that particular arrangements still preserved Louisiana for France ; among others, that Aubrj'^had not executed" the French king's order* announcing the cession, and ordering the Governor of Louisi- ana to transfer the colony as soon as any came entitled to re- ceive it in the name of the Spanish king — at least, thoy were justified in believing Ulloa not that person. The inhabitants of Louisiana, always regarding themselves as subjects of the king of France, and being so in fact — as no taking of possession, no public net, either on their part or that of their magistrates, had attached them to any other rule — could recur to none but the French tribunals established for the relief of his subjects, to render them justice when necessary. The French king announcing the cession, seemed to foresee all the difficulties it would entail, as he ordered M. d'Abadie to have his royal letter enrolled in the superior council of Louisi- ♦ Aubry had reccivctl ofTicial instructirns to code l.ouis^iiina in Ajiril, 17GG. f. [Hi 'I "if t if !S!^ ilk IliH my ](U iiiSTorjcAL me:*ioirs of Louisiana. ana, thai " the people of the colony of nil ranks and conditions might, in case of need, recur thereto, and to publish and post the same;" all of which U'Abadie had done. Could the people of Louisiana follow any path hut that mark- ed out by the king's letter? Tlicy accordingly drew up a memo- orial, in which some of their complaints against L'lloa are set DKCRKK OF THE SUI'KRIOR COI.'NCII,. Louis, l)y llic grnce of God, King of France am! of Navarro, to all wlio shall soo tlirso presents, irreetinjr : We make it known that the Superior Council of the I'rovince of Louisiana, havinij taken into consideration llie humble repre- sentations, nir.de this dav tc that court, by the planters, mcrcliants, mechanics and others ; and whereas the relief of a people, to whom the council is a father; the su|»])ort of the laws, of which it is the dei)ository and interpreter; and the improvement of agriculture and commerce, of which it is the patron, are tlie n)0- tives of the representations of said planters, merchants and others ; said council has proceeded to adjudicate as follows on these important matters : What momentous objects! are these for the council I Can it, after having duly weighei' 'hem, give attention to any other subject, except so far as it may con- tril)utc these favors I Let it, for a few moments, sus-pend its arduous Ijiiors, to attend to those subjects, which are now re))resented as most worthy of its atten- tion and ministry . and thou, dear country, whose prosperity is the object of our most ardent wishes ; and you who are to us what Sparta, Athens and Home were to their zealous citizens, suffer us to pay a legitimate debt by consecrating to tlice tliis weak tribute of our love ! It will be dictated by our hearts, whose inspirations an obedient hand is ready to record, Seven millions of royal paper constituted all the currency v>f this colony and the fortune of its citizens ; the total withdrawing of this capital, the payment of which his majesty suspended by an edict of October, 1759, has reduced the pro- vince of Louisiana to the most deplorable situation. We shall not undertake to enter into a detail of the calamities, of the ruined fortunes, of the downfall of families, which were the fatal consequences of that catastrophe. The council, every time it asseml>Ies to take cognizance of the afl'airs of the unhajipy victims of liiat event, has before its eyes a more striking picture of our misfortunes tlian it is possible for us to paint. Recovered from the depression into which they had been plunged, the citizens of Louisiana liad begun at last to breathe; they liad considered the conclusion of the war as the end of tlieir misfortunes, and enter- tained hopes that the return of peace would be the moment destined for their re- lief Agriculture, siiid the planter, that surest and most positive wealth for a nation, that prolific source from which flow all the blessings which we enjoy, will now be revivtd, and will rejiair, a hundred fold during t!ie peace, the losses which we underwent during the war ; commerce, without which the fruits of tho earth have neither worth nor value, will be vivified and protected, said the mer- HISTORICAL MEMOIRS OF LOUISIANA. IGo forth. That against which they coukl most jnstlv weigh, was his obstinacy in wishing to govern without taking possession; ar,d ihcy asked that tliis man, from whose tyranny tluy had all chniit. Sweet illusions and 11 itterinjf projoets, what is now liecoino of you I Tlie planter, the inerehant, all ranks and classes in the enloiiw underjro, in the must profound peace, misfortunes and calaniilies which they never felt durin;^ a lo\\ sacrifice the inhabitants of New-Orleans. Lei the court no longer HISTORICAL MEMOIRS OF LOUISIANA. 1G7 This memorial, signed by a majority of llie inliabitauts, was carried to tlic Superior Council, and tlie 28tli of October, 1 70S, was appointed for the day of the general assembly. defer the relief of a people which is dear to it ; let it make kTiovvri to those in- vested with royal authority the exhausted state to whicli this province would ho reduced, if it were not soon to be freed from the prohibitions which would plunije it into irremediable ruin. What would be thouifht of a physician, who, beinnr possessed of a panacea, or universal remedy, should wait for a plaijuo in order to reveal it ] It is by the trade to the Leeward Islands that the inh'iiiit- ants of Louisiana find means, every year, to dispose of fourscore or a hundred cariroesof Imnbcr. Should this branch of trade be taken away, the colony would be de[)rivedof an annual income of five hundred thousand livres at least— a sum whidi the work of the negroes and the ap|)lication of the master produce alone, without any other disbursement. Accordinjf to the observation of a cclelir.itcd author, it would be better to lose a hundred thousand men in a ijreat kingdom by an error in politics, than to be guilty of one which should stoji tlie proirrcss of auricuiture and comnierco. It is well known that thofcc who present plans to obtain exclusive privile^fes, are never without plausible reasons to make them appear economic and advantaijeous, as well to the kinjj as to the public ; but the exjierienc'^ of all ages and all countries evidently demonstrates, that those who seek exclui ions have their private interest solely in view ; that they have less zeal than others for the pro.sperity of the state, and have less the spirit of patriotism. The execution of the decree relative to the commerce of Louisiana would re- duce the inh.ibitants to the sad alternative of either losing their harvests for want of vessels to export them, or of exchaniring their coumuvHlies in a fraudulent manner with a foreign nation, exposing themselves to undergo the riiror of the law, which ordains that those who carry on a contraband trade shall lose both their lives and liberties. What a life is this ! wliat a struggle ! It is but too true, as has been already observed, that the report of the new ordinance alone has caused a considerable diminution, not only in the artich s of luxury, but like- wise in landed estates. A house which was heretofore worth twenty thousand livres would hanlly sell for five thousand. Some will, perhaps, assert that the scarcity of money contributes also to this diminution. ]3ut how much greater will be the scarf':'/ of sjiecie, when the colony shall either be delivered up to .in exclusive eomp'i,.y, or the ambition of five i.r six individuals, who t'orm but one body ; It will then resendile a member irrown to a monstrous bulk, at the ex- pense of the substance of Uie rest, which would become withered and p^dsicd. The bon of negroes, that this colony was raised to the diuirishinij state which it ap[)eared to have .ittained in 1750. Perhaps it will be said, to dispel these alarms, that the gold and silver which have been made to abound in the pliee by a new administration, may indemnify for the losses o'" agriculture an inhahitanis of the town, lias appropriated it to himself, and has caused it to lie fenced in, tliit his horses might graze there. " Having maturely weighed all this, I require in hehnlfof the king; "That the sentences i)ronounced hy the councilors noniiMaled for the purpose, and put in execution against Messrs. Cadis and Leblanc. subjects of France, he declared cneroachmentM upon the authority of our sovereiijn lord, the kiiiL'. ami destructive of the respect due to his supreme justice, seated in the Superior Council, inasmuch a.i lliey violate the laws, ibrms and customs of the colony, confirmed and guarantied hy the solemn act of cession. "That Mr. IJlloa he declared to have violated our laws, forms and customs, and the orders of his Catholic majesty, in relation to the act of cession, as it ap- pears by his letter, dated from Havana, on the lOth of July, 1705. " That he he declared usurper of illegal authority, by causing sulijccls of France to be punished and oppressed, without having previously complied with the laws, forms and customs, in having his powers, titles and provisions recis- tered hy the Su|)erior Council, with the copy of the act of cession. "That Mr. I.'lloa, commissioner of his Catholic majesty, be enjoined to leave the col(>ny in the frigate in which he came, without delay, to a\' 1 accidents or now clamors, and to go and give an account to his Catholic majesty ; and, with regard to the dillerent posts established by the said Mr. l'lloa, that he be desired to leave in writing such orders as he shall think necessary ; that he be declared responsible for all the events which he might have foreseen ; and that .Messrs. Aubry and Foucault be requested, and even summoned, in the name of (jur sovereign lord, the king, to govern and administer the colony as heretofore. "That no ship saihng from this colony shall be dispatched without passports signed by .Mr. Foucault, as intendant commissary of his most Christian majesty. " "^I'hat the taking possession of the colony can neither be proposed nor at- tempted by any means, without new orders from his most Christian maje ity. "That Messrs Loyola, Gayarrc and Navarro be declared guaranties of their signature on the bonds which they have issued, if they do not produce the orders of his Catholic majesty, empowering them to issue said bonds and papers ; and that a sufllcienl time be granted to settle their accounts. "That the planters, merchants, and other inhaliitants, be empowered to elect deputies to carry their petitions and supplications to our sovereign lord, the king. " That it be resolved and determined that the Sui)erior Council shall make re- presentations to our sovereign lord, the king ; that its decree, when ready to be issued, be read, set u[), published and r;'gislered. " That collated copies thereof be sent to his grace the Duke of Praslin, with a w ,,J3 IMAGE EVALUATION TEST TARGET (MT-3) 10 I.I ■ 50 ■"^™ Hi^ ■^ 1^ |2.2 I 1^ 12.0 IL25 III 1.4 m f> ':< wV^ 7 Photographic Sdaices Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 873-4503 . o^ 176 IIISTORK'AL MEMOIUS OF LOUISLVXA. 'iilt- ■ rf .fii *i mouths after; tlio garrisons that lie had stationed in tlic various f(;rts along the river all fell back on that of New- Orleans, This was all done without the slightest insidt to the Spanish Ihig, or the Spaniards who remained in the eolony. Ictlcr ti) tlio Siijicrior Cuuncil, ami likcwiso to all the posts of the colony, to bo lliorn rend, set iij), jtubli.sheil ami rc^istiTcil." 'I'lic rcpDrt bc'iiijj lieanl of Messrs. Hucliet de Kernion and Riot de Lannay, councilors and connnissioners appointed for this pnrpose, tiic whole heinjj duly wei^rhed, and the ^u'.ject deliberated upon, the attorney-general having been lieard and having retired : The council, composed of thirteen members, of wliich six were named od hoc, having each of them given his opinion in writing, pronouncing nj)on the said re- presentations, has declared and declares the sentences rendered by the councilors nominated by Mr. I'lloa, and carried into execution against Messrs. Cadis and Leblar.e, subjects of I'rance, to be encroachments npon the authority of our sovereign lord, the king, and destructivejof the resiiect due to his supreme justice, vested in his Superior Council; has declared, and declares him a usurper of illeg.il authority, in causing std)jeets of I'rance to be punished and oppressed, without having previously complied with the laws and forms, having neither produced his powers, titles and jirovisions, nor caused tliem to be registered, and that to the |)rcjudice of the privileges insured to them by the said act of cession ; and, to prt;vcnt any viobince of the populace, and avoid any dangerous tumult, the council, with its usual prudence, finds itscdf obliged to enj(>in, as in fact it enjoins, Mr. L'lloa to quit the colony, allowing him only the space of three days, either in the frigate of his Catholic majesty in which he came, or in wlintever vessel he may think proper, and go and give an account of his conduct to liis Catholic m.ijesty. It has likewise ordained, and it ordains that, witli regard to the posts established by him at the U])|)er part of the river, he shall leave such orders as he judges expedient, making him at the sai\ie tnne responsible for all the events which he might have foreseen. It has requested, and requests Messrs, Aubry and Foucault, and even smnnKmed them in the name of our sovereign lord, the king, to command and govern the colony js they did heretofore. At the same lime, it expressly forbids all those who fit out vessels, and all captains of ships, to dispatch any vessel with any other passport than that of Mr. Fou- cault, who is to do the office of intcndaiit connnissaiy ; it lias also ordered, and orders, that the taking possession for his Catholic majesty can neitiier be pro- posed nor attempted by any mean.';, without new orders from his most Christian majesty; that, in consecjuence, Mr. l'lloa. s'.iall embark in the sji.ice of three days in whatever ship he shall think proper. M'illi rcg.ird to what relates to Messrs. Loyola, Cayarn' and Xuvarro,* the coun- cil has decreed that they may stay in the colony and discharge their rcipcclive functions until they have received new orders from hi^ Catholic m.njesly, and shall * Ofllcers of the crown who acconipariicU the expedition of O'lliclly. HISTORICAL MEMOIRS OF LOUISIANA. It t From tlicir own lips, tlic Spanish court sIioitIiI have taken evidence of the moderation of the colonists in so critical a moment. The unanimous report of all strangers there makes it out to have been a most extraordinary and surprising event for the order, decency and moderation to which all sponta- neously contributed. The^c testimonials of attachment to the king of France were the onlv clamors that disturbed silence and tranquillity during the three days tliat the inhabitants were assembled at New-Orleans, Immediately after Ulloa's departure peace and tranquillity reigned. Aubry met with the most marked obedience from the colonists, who awaited news from France, in the fond hope that there would be no change of rule. remain suroties of their signatures for the bonds tlipy have issued, ex'^ept they produce the orders of iiis Catholic majesty. It lias likewise authori/ed, and author- izes the planters and merchants to choose whatever persons they think jiroper, to take up their petition to our sovereign lord,tIir kinij, and lias derrrcd that :lie Suj)e- rior Council shall in like manner make representations to our sovereign lord, the king ; it orders that the present decree sliall Ite read, printed, set up, published and registered in all places and posts of this colony, and that a copy of it shall be sent to his grace the Duke of I'raslin, .Minister of the Marine Department. We order all our bailiffs and sergeants to perform all the acts and ceremonies requisite for carrying the present decree into execution ; we, at the same time, empower them to do so. ^\'e also enjoin the substitute of the king's attorney- general to siij)eriiitend its V.xecution, and to apprise the court of it in due time Given at the Council Cliamber, on the 2t)th of October, 17(i8. By the Council, Li.KKir, Principal Secretary I protest against tlie decree of the council which dismisses Don .\ntonio dc Ulloa from this colony. Their most Christian and Catholic majesties will be offended at the treatment inflicted on a person of his character; and, notwith.standing the small force which I have at my disposal, I would, with all my might, oj)pose his departure, were I not apprcliensive of endangering his life, as well as the lives of «11 the Sfianiards in this country. Deliberated at the Council Chamber, this 39th of October, 1708. (Signed) Auury. 12 dm ■\r!-"l1 -r:!l I u I si ^'""-^•"-"rr-n rn I' li f ■ -t 178 niSTOiaCAL ME.MOIKS OF LOUISIANA. TIIIIiD PART. SECTION II. FfiOM Tin: DF.rARTVRt: OF DOy ASTORIA VLLOA TO THF. YEAR ITTJ. Pkihties* had been named to bear to the King of France the testimonials of the attaehment of his faithful subjects in Louisiana, Avho asked oidy to live and die as Freuehmen ; but these deputies could not reach Europe before the end of ^farch. Ulloa had arrived there six ^veeks before, and had represented his own conduct and that of the inhabitants in such colors as lie chose, and the Sovereign Hand which directs all events did not permit the truth to jKinctrate first to the courts of Madrid and Versailles. The act passed between Aubry and Ulloa, of which it is need- less to show the informality, had apparently enabled Ulloa to * 'i'lie iloputips, St. T>otte and T.rsassier, prcsontcd tlip following petition to the Duke de Choiscul, niiiiistcr of the king, on their arrival in Paris : I'KTITION Ol' TlIK COf.OMIt^TS AND MEIU HANTS TO THK KI>fl>. SiRK, — If has pleased your majesty to cede, liy a ,)artieular act signed at Fon- tainehleau, 3d of November, 170-, all your country known l>y the name of Louisi- ana, tojrether with Xew-Orleans and the island on which this city is situated, to his Catholic majesty. A fcchle motive of consolation stifled our grief— it was the hope of a protection and good-will, like that experienced under your iiappy sway, and such as your sacred promise, in your majestyV letter to .NL)nsieur d"AI)adie, of .\pril 21, 1704, leads us to expect Our aflectionate obedience silenced our regret till an un- known and strange vexation has wrung from us cries too long withheld. An ofTieer, {Don Antonio de I'lloa,) who, without justifying his titles, pretends to orders from his Catholic maje-sty, has presented us new laws, destructive of our conunerce. abrogating our privileges, and attacking our liberties. Our goods, in less than the thirty months of his stay here, lost two-thirds of their value ; culti- vation became useless, and our clTorls in every branch, hampered by multiplied nisTOUICAL MEMOIRS OF LOUISIANA. 179 :aR 177J. ' France )jcct3 in en; but f March, resented colors a3 1 events •ourts of is nccd- lloa to ition to the khI at Fon- of Loiiisi- iiluatcil, to protection ich as your il 21, 1704, till an un- ihrld. An irctcnds to :tive of our ir goods, in iluc ; culti- mulliplicU represent tlie inhabitants of Louisiana as criminal to tlic Span- ish Icing. Franco, on llic other hand, regarding the cession as long since consunnnati'd, would scarcely listen to the dt'})uties; and tiic answer made U) their representations was, that nothing could be done in the matter, as it was alto^(}ther in the liands of Spain. Yet, when it was proved to the court of Versailles that the government of Aubry had not ceased in Louisiuna, and thatsinec the peace all had been condueted in the name of the French king; when they saw the details of IJlIoa's con- duct and that of the French governor and inhabitants, all were indignant against the Spaniards and lilled with contemiit for the French governor, and they wept with joy to see in the Louisianians the patriotism which all discovered in their hearts. All admired the wise, firm, moderate and reflective conduct of the colonists, and all France looked with anxiety on the result. The French ministry felt that they could not without injustice cfTorts (rrstrictions '), liconinp a fniitloss toil. Wc linvc Ii.id rrroiirsi- to the magistrates appointed liy your majesty to assemble the peoj)Ie under your aiiijust laws; we have exposed to tliem tlie excessive evils acerued, our zeal, our love for our natural sovereii^u, ami his promises auiiouueed in his letter, resist ereil, as ho directed, in our slufn o/Jh:c, to have recnursc to in n^cd. They have enjoined the envoy of his ('atholie majesty to depart in three days, and have authorized us to come to the foot of the throne, >-ire, to implore your clemency, ciaiui your protection, and present our |)ctition. The execution of the treaty of cession has not even begun on our part. The French flag alone has hitherto appeared on our scpiare, and at the head of our militia. The French (lag alone has been hoisted on our shipping. Justice is exercised, sire, in your name alone, and our churches echo with jirayers for your august person only. \\'e are Frenelnnen still, and too hajipy to traiisinit the name to our children ; it is arhoic(> title, which we deem a part of our inheritance. Deign, sire, to have an account rendered to you of the (h>tails set forth in our memoir, which contains only fads and wishes of universal notoriety, and is adr dressed to the world. Deign to take back under your beloved sway your colony of Louisiana, ar.d dispose at your will of the blood, property and families of your faithful sul)jects, merchants and colonists of said pr<)vince, who, by the voice of their deputies, make you sincere offers of the most ardent zeal, respectful submission and invi- olate attachment. iil M\ 'i# ! } I M J mil v.> . i.^. .^i. ^i-' ,ii-'i ( ^ Ism' jlf W' i 11 wl^P '' tin 180 UISTOUICAL MEMOIRS OF LOUISIANA. lOSO ( LTOU 111 >f the Si micnt 11 KIIIJ,' ho Hv) abiindoii sul>jccta iards, was tlieir t di;.s(>rvc(l the title of wcll-bolovod. Tlicy intended to write to S}»ain, but it was too late; the delay had been too great; tho blow was struck. The council at Madrid had not unreasonably feared that France nuj^ht discover the mendacity oi' lJlloa'n re})ort* and demand justice. No cx})edition accordingly was ever got np with greater celerity in S})ain. Orders were already given. O'lleilly, lieutenant-general, was already cleared for Havana, with orders to proceed to Louisiana and take })ossession in the name of the S2)anish king, AV^e a})proach the dreadful moment that is to decide forever the fate of the colony. Before casting our eyes on the scenes of horror I have yet to trace, let us go to Louisiana and sec how the iidiabitants Avere employed after L'l'lloa's departure. Along the river I admire the happy fruits of liberty and contentment ; all redoubled their eflbrts ; the plantations arc in the fmest state ; the revenues will be greater than they were in times of torpidity caused by IHloa's stay. Every wlicre joy and peace reign undisturbed ; the hope of being Frcncli- mcn inspires all, and tho government which the inhabitants enjoy gives new life to all the colony. What is that building which I behold rising in tlie midst of the city ? It is the temple of the Lord ; it is a tribute of thanksgiving ofl'ered by * Illloa's report contains about 300 manuscript pages. It is very full and well drawn up. It gives an account of his expulsion, and clearly shows that Aubry was, in the whole matter, the principal informer ajrainst the patriots ; that La- freniere, Foucault, Noyan, Marquis, Villere and others, had planned the revolu- tion ; that it was not so much for the purpose of getting rid of tho Spanish governor, 3'! to declare the province indopcudeiit ; that, for that purpose, Noyan and Mass.v.i were deputed to the English governor of Florida, for the purpose of securing protection of the British government ; that the governor having refused his aid, the address to France was resorted to as the means of concealing their plan. This document is full of interest, and its particulars arc fully corroborated by the letters of Aubry to the French minister. — Archives of France. 'i,l UI.STOIUC'AL MKMC)II?S OF LOUISIANA. 181 ^pan- tho col<>ny to linn who directs events. 'I'liey will soon eliant his praises tliore — it will .soon eilio with the prayers of eaeh citizen lor liis ki^,^^ Further on, I see anotiier buildin<,'; curiosity loarls me to it. On its portal is this beautiful inserij)- tion: " Asi/h.tm.for the Poor and the Orphan." Witliiii I sec beds for the siek, rooms R)r the lying-in, nur.scs for orphans, and pau[iers to be suj)ported. All is in comj)letG order. The ro()ms are .an of nolilo birth. He was horn in Alicant, .Spain, on the 5th roviiice. On the 26th, he re- turned to the Balize, and in a few days ."ifter lie was ordered to repair again to the city to prepare quarters for the .Spanish troops of the expedition. After the departure of O'Reilly for Spain, Col. Bouligny remained in .New-Orleans at the head of his regiment, until he was ordered to join the expedition of Galvez, which took Mobile and Pensacola in 1780-'l. Tor his daring exploits in this campaign HISTORICAL MEMOIRS OF LOUISIANA. 133 his master, to take possession of the coh^ny, to reduce it to sub- mission in case of op[)(jsitioii, ])Ut to load it witli benodts, if ho was received as lie was outitled to o\[>cct. 'i'liis letter was accompanied by orders from the; king of Franco to Aubry to surrender the colony to the Spaniards. Aubry, who knew the intention of the colonists to refuse absolutely the Spanish rule, and to 2)rcvent tlicir ciiti'riug the river, without positive orders froni the French kini:", immedi- ately published those he had received. IFe had also i)reeau- tions to take au;ainst an cmiLiTation vn which the colonists seemed bent. He accordingly convoked a general assembly ; read O'lleilly's letter, with its promise of favtn-able treatment, if they did not oppose his taking possession, l)ut idso his threats in case of refusal. These threats produced an clleet contrary to what Aubry expected, so unfit were tlicy to intimidate the people of Louisiana. Besides, all knew that two hundred resolute men could have prevented O'Reilly's reach- ing New-Orleans, although that Spanish general had three thousand men, regulars and militia, in twenty-five transports. To feel convinced of this, it is enouiz-li to have some idea of the country. It is easy then to judge of the eftects of O'lleilly's threats. They roused the resolute to action ; white cockades were worn ; all were ready to march ay \st the enemy, when M. de la Freniere,* attorney-general, a i ..nber of the S^'perior he was promoted to the rank of brigadicr-gcnrral. Mo died in Xew-Orloans on the 2.'>th of November, 1800, and was buried with militarj' honors in tiic Cathedral of that city. His name is amonir tiie most honored in liouisiana. In person. Colonel Uoulijrny was rather tall and sli;|ht, with a noble military bearintr, easy and dignified in his manners, and warm in liis frieTidship. So mild and conciliating were his actions, that obedience went hand and hand with his command ; while his ardor and zeal for the service cf his country seemed rather to seek the post of danger than to avoid it. * iS'icholas Chauvin de la Freniere, Attorney-tu-neral of Louisiana, was born in the same year. (1736,) which gave birth to the great American orator and fitatesnian, Patrick Henry, of Virginia ; and, like him, ho was a (riend to a ' H i 'i' 'U\, ? \i 184 IIIfTORICAL MEMOIRS OF LOUISIANA. ■^':^'%i- Council, till elofnu.'Ut iiiaii, in whom tlioy hud tho greatest coiifitloiiee, arrested tliid tide by an address in .suUslaneo as followri: " FcUow-citi/.ens! "When you came to j)rcisent to the eouueil your just representatiou.s, ^vhieh his majesty authorized in the act of cession, you saw mc aitprove your patriotic zeal, and rpiiulilicnii form of government and lilieral instifu'ions. Thcso two champions of lilicrl y f.iiiir u[i(jri fhr NtaLff of action togctlicr, about the same time, and both were hijjiilv j;ifl('d for their cioiinencc. Tho (lueMtion of taxing America liad juHt been aj;itated by tlic British parHa- ment, and had created a great ileal of excitement in tlio \orth American colonies, wiicn Lafreniere came into ollice. 'I'he Btamp act was passed in January, 17(i5, and the spirit of resistance to this arbitrary measure flew from Maine to (Jeorgia, ami found a response in the bosoms of the patriots of Ijouisi- ana. 'J'lio ipiestiou with them was not, liowcver, whether the colony of Louisi- ana should be taxed, but whether Frenchmen could be transmuted into Spaniards without their consent, and ruled witli military despotism. In the discussion of this vital ipiestion to their iia()piuess and iiolilical well-being, the attorney- general took sides with the peoj)le, and resisted the Sjianish occupation of the country. From this moment he was looked upon by them as the great champion of liberty ; and iiis conduct throughout the struggle for independence was firm and undaunted. Karly in the year 1705, a general meeting of inhabitants and planters was convened in the city of New-Orleans for tlie purpose of discussing the subject of their distracted condition, and sending to the throne of France their united ap- peal (or royal interposition in their belialf. liafreniere made on this occasion an eloquent speech on the situation of the colony, and ofVered a resolution to supplicate the king, which waa unanimously adopted ; and Jean Milhet, of New-Orleans, was selected to carry the petition to the foot of the throne. Tho minister (l)e Choiseul) was averse to the petition, and artfully prevented him from having an interview with tlie king. Milhet returned to I^ouisiana, and reported the unsuccessful result of his mission. Still the colonists continued to flatter themselves with the hope that the treaty of cession would not be carried into execution, and Milhet was sent again to France with the same result. Many of the colonists became desperate ; and began to manifest their opposi- tion to llUoa, who still declined ai)ublic recognition of his authority as governor. Public meetings were held in dilVerent parts of tlie province, and delegates were appointed to meet in convention in New-Orleans. This convention peti- tioned the Superior Council to direct Ulloa to leave the province. They de- nounced him a disturber of the public peace, and he was ordered to depart from the colony in three days' time. The speech delivered by Lafreniere on this occasion is a mastt ly piece of eloquence and logical argument. " In it there is 1 ■1 ' : :':■' '.(■ 1 lIISTOIUCAL MEMOIRS OF LOI'ISIAXA. 185 your (lomands were s.-itisficd. 'J'lie common dt'slrc Im, T am aware, the ratificalion of the artielesul'tho aet of cession, ami tho aceornplishiiient of the unh-rH ui' our wril-liclovrd klwis: now his majesty orders the transf'jr of tin; colony to tlir Sjianiards, and ^r. O'Keilly, who has come to take possession in the name of his Catholic majesty, makes yon, on his lu'luilf. the most a pasRafjp," nays finyarn', " of wliicli Louisiana may wrli lip |irciii(l, and »( wliich bIio can lioaHt, aH liaviiiir lifi'ii s|ic)k('ii liy onn of licr iiiokI fivorrd |>alrii)ln." "In pro|)orti()n,"' said lie, " to the rxtciit liolli (if roniinrrrc and iiopiilation iw the Holidity of tlironcs ; lioth arc fed liy lilicriy and coiniMMiiion. wliidi arc llir nnrKintf inotltcrs of tlic state, of which the Hpirit of inoiio|.oly is the stc|iinothcr. Willmut liltrrty there arc but frw virlur.i. I)cs|M)tisni breeds iiusillininiily, anil dce|)cns tlic ahyss of vIcch. Man is considernl ns sinniiiir before pccch before the council ; and, for reference, it is inserted in this volume, with the address to tho king. With the Superior Council's address to the king, there went at '.ho same time a letter from Foucalt, the king's commissary, to the iJiikc de I'raslin, in whicli lie justified, in guarded language, the revolution that had taken place, in which he said of I'lloa : " Without taking possession of the colony, and even without exhibiting his credentials, ho arrogated all power to himself He was very harsh and absolute, refusing to listen to tho rojirosentalions of the colonists. He showed, without the least hesitation or ocpiivocation, an iinphicabic hatred for the French nation, and marked every day that ho passed hero with acts of inhumanity and despotism." Tlic news of tho revolution in Louisiana soon reached Spain, and a cabinet council was called, to determine whether Sjjain should retain Louisiana or not. Tho council was composed of the Duke of Alba, Don .laimc .Masone:? do Lima, Don Juan (iregoris Munian, Don Miguel de Miizipz, tho Count of Aranda, bar- ren do Arriaga, and the Marcjuis do I'iedras Albas. The king requested that each should give his opinion in writing, and it is said only one of the ministers was of opinion that Louisiana should be returned to Franco. Tho king approved of tho decision of the majority of the ministers, and he ordered force to bo issued, if necessary, in taking possession of the province. I In the moan time tho now deputies, St. Lotto and Losassicr, who had been sent to France by the colonists to implore the crown, succoodod no better than their predecessors, and the revolutionary tide soon began to ebb, and leave stranded on I h\ m 180 IFISTOUICAI. MEMOIIIS OF LOUISIANA. autlit wli'iiii will you liulit ? A^tiiiust the allies vi' your the Kliorc ilii' ]i:itriiit« of I,oiiiKi,in.i wlm li.iil I>iM>n liornr onward liy tlir rxcito- liiclit ,111(1 iiiiinii'illMrv iiri>H|H'ct uf Miccess. Kciliu'r,! Ill till' l.iMt Mt;ij;iM)f (lcH|iiiir, the |) itrinlH now proponcil to ox pel Aultry, to |,riicl liiii .\i'\v-( )rl(M'iH a free port, mimI to luriii ii rcimlplic ; llir cliicf lobe Htylcd " I'ni'ti'or." and to l>f assi.slcd hy a ('(Hiiicil of lorty, t-lccU'd liy llic people." " 'I'liiTi' is no doulil," Hays (layarri', '•lliil tlic ci)loiii«ts would liiivi! cajjorly ndoptrd this I'lirin ol' t;ovfrnni(Mil it" it had iiccn possiliir at llir tinit- ; for it must bi! ri'Ciilli'cli'd that, from the rariirst I'vistcnoo ot° the colony, ainioHt all its {(ovcrnorH had imil'orinly L'orn[ilaincd ol llif rrpulilican Hpirit of the coloniMtH," 'J'iiUH stood niattofH until th« ninrnini; of tin- 5J4th of July, 17(i!l, when tho colonists were thrown into coininotion by the arrival of the Spanish Heet at tho l)ali/(!. LalVeiiiere called on Aultry, and infornied him, that "h:i\inhite widows, orphans jihandoued to puhlie eliarity, lamilie.-; de>ti'oyed ! Uelievo me, eiti/ens! Let these evils touch and enliuiiten vou. ' AVo will siidc,' V(ju erv, 'liiuieath the ruins d' our eoun- try, neu' bend to ti y<»It licni cvti'iidi'il over tlir jiroviiico al tlio timr of tlie all(';,'i."(l iiisiirrcclioii. 'I'licy chiimcil to Ikivc Immmi the sulijccls ol llu' Iviiii; of Franci', and their arts had liccri in acconlaiicc with their allfyiaiici' and duty to till' l\inn of Trance : they owed no aiieyianee to the Kini,' of Spain until S|i inish autliority had l)een proelaiun-d, and the Spanish tlai,' and laws ihdy hujierscded those of France; that tlie acts ehari^ed cmdil not constitute an oU'ence ai;ain«t the S|)aniMh laws, while lliose of I'rance retained their enipire over llie province ; tliat I'Moa liad never inach' known Iiis autimrity ; tlial O'Keiily could not ex[iect obedience (roni the ppo[de until In- had made known to them his character ami powers, and that no act was ehari;eil ai,'ainsi them after this ijianileslalion ol his authority. 'J'he plea was sustained relative to several who had lieen i>irn'i'rs under the Trench ijovernment, hut was overruled in relation to I.afreniere and his com- patriots. The court found them ijuilty, and sentenced them to lie cvccuteil on tlio 'i'nh of October, ITd!). ()i\ the alternonn of that day they wen' marched into th(!y;'rd frontinir the barracks, and shot by a fde of Spanish c,'renadiers Thus terminated the inhuman tragedy, which in one short monu-nt consecrated tiio blood of the lirst martyrs to liberty on the continent of North Anu-rica. The martyrdom of I.afreniere was a serious blow to the cause of liberty in Louisiana. The welfare of his ccnnilry was ever dear to him, and he was always ready to make any sacrifices for its liappiness. Ho liad ever ni.mifested an attachment to a republican form of ifovernment, and had always supjmrled those nwMi and those measures which he believed most friendly to rc|)\ihlican |irincijilc:'. His eloquence was rich ami copious, lofty and dignified, and his mind was stored with till- treasures of ancient and modern lore. .\s an orator ami sl.itesman, lie was fitteil for the manajjeinent of the wciijhtiest concerns ; and as an advocate, he was profoundly versed in Roman, French, and Spanish law. Ill his manners he was courteous and elei;aiit, alliible and warm, dii^nified and modest, unitinij the attainments of a scholar with the deportment of a gentlemin. As a patriot and legislator of tried intcijrity, he was the idol of his countrymen. r t 'I 1 183 HISTORICAL MEMOIRS OF LOUISIANA. ,*fp' !•! \' ir |5 Hi " But, liere is a general officer, of whose reputation you arc not ignorant, an Irishman by birth, who has attained the rank of lieutenant-general only by his services in the French armies; he solemnly promises 3'ou the good-will of his sovereign, if possession is given freely. AVould you excite the anger of this monarch by conduct at variance 'i Ih duty, reason and common sense? " Another motive, too, should stifle all resentment. France has just beheld with emotion your patriotic eflbrts ; all Europe, admiring your firmness, iias beheld with surprise your wise, and moderate conduct ; all eyes arc now upon you. Will you, in a moment of excitement and impetuosity, tarnish the glory you have won? Hitherto they have beheld in you Frenchmen attached to their prince, burning with a desire to remain under his sway ; even the Spaniard could not without injustice regard you otherwise. But now, when the king's o ilers require us to receive a new regime ; now that the Si^aniarc, are come to take authentic jDOSscssion, and destroy, by a cone 'ct far different from inioa's, the prejudices which you have c aeeived against the Spanish government, why oppose their e; ranee ? When criminal in the eyes of the world, regarded r rebels and sedi- tious men, all will, unmoved, '•^ehold the m t frightful evils overwhelm you ; and yo".i .. Juos, which you %, v. Id fain mingle with the land of France, will not be bedewed by the tears of the noble-hearted Frenchmen, whose sympathy you excite. " Do not, fellow-citizens, belie the favorable opinion con- ceived of your moderation. Let all France, seeing us obey the orders of our king, cry out in transports, — ' Distance does not change a Frenchman's heart ; the immense space of ocean can- not weaken the attachment they have for the king, and the respect they owe his orders,' State interest requires us to be Spaniards. To lose the honorable title of Frenchmen, to re- HISTORICAL MEMOIRS OF LOUISIANA. 189 nounce our native land, is a sacrifice which France now requires of us, and for which noble hearts will aj>plaud us. We may anticipate all from a beneficent prince, of the same blood as our own king ; let us listen to the promises of his re- presentative, and endeavor to deserve their execution by a submissive and respectful conduct." Ilerc, Lafrenicre ceased to speak. The deepest silence prevailed while he spoke, but soon a general murmur arose amid the assembly. Such as a storm brings on, opposing minds produce — a sullen noise that leaves the traveler in doubt as to the future. Thus varied opinions produced a hum in the assembly, in which it was impossible to say what advice would prevail. The majority, however, convinced by reason and the words of Lafreniere, pronounced with that fire and persua- sive air which graced every syllable, leaned to moderation. Then the attorney-general resumed, and soon he alone was heard. " My noble fellow-citizens ! I see with the greatest satisfaction the effect produced on your hearts by the representations which my love for you has dictated, and my zeal for your interests inspired. The same sentiments animate and enlighten me; hear Avhat they inspire. One single dilliculty keeps some in suspense ; they fear the anger of the Spanish king for the expulsion of Ulloa, and behold in O'Eeilly the instrument not of his goodness, but of his vengeance. *' xVway with such a fear! The general's word should dispel this; and, were it well founded, we cannot appease him by meeting hi in in arms. On the contrary, let us show him all the submission and respect we owe his master. Do not wait for him to come and receive the solemn oath ; let us bear it to him ; let us depute some one of our citizens, and let O'Eeilly -I 'lHdUM«MSAiiUM..tfJS., 100 ii it \i:,' mt 1, 1 l! 9' Si ■ 1/ HISTORICAL MEMOIRS OF LOUISIANA. conduct judge wliat Ulloa would have met, had formablc to justice, reason and duty. "I offer to go alone and bear your homage and your oath. If Spanish vengeance has marked out any head, it is mine. I first raised my voice against an unjust and usurping man. I will go and ofter the Spaniards this head, whose s; orifice will cost me little, esjoecially if at that price I can procure the hap- piness and tranquillity of my fellow-citizens." This address, where patriotism was upheld by enthusiasm, made, as wc may expect, a deep impression. All hastened to show Lafrenierc the public gratitude, and every one wished to meet the danger, if any, and share it with him. Ilis friends wished to divert him from an apparcntl}'' rash step. The Spaniards, they knew, undoubtedly considered LalVeuierc as the cause of Ulloa's cxj^ulsion ; if their anger con- tinued, could they pardon him ? The representations of his friends, the tears of his wife, nothing could retain him. All felt the risk he ran, but in spite of that they had a kind of con- fidence in O'Reilly's promises. Let us here draw Lafreniere's portrait. The part he has played in the course of these events will give more interest to what I have to say of this extraordinar}- man. I shall describe him from the accounts of his countrvmen. M. Lafrcniere, of Canadian oriuin, was born in Louisi- 7 O 7 ana, and son of a councilor in the Supreme Council, lie had been educated in France, where he followed his father's pro- fession. Ilcturning to Louisiana he was employed in the council, and rose to the rank of attorney-general, at an age when most men are commencing the profession he had em- braced. In this position he assumed a prominent part in colo- nial afi'airs. He possessed a lively imagination, and all the ardor and intrepidity which lead to great deeds. HISTORICAL MEMOIllS OF LOUISL\_N*A. 101 Speaking with that assurance which a manly ami nervous eloquence inspires, and wliich couinianilc all hearts, lie com- bined with this advantage a noble figure, a majestic port, an open countenance and an elevated stature. To jniinl a warrior, you might have taken the towering form, the manly bearing, the fiery eye, the dark and masculine complexion of Lafre- niere for a model. To these exterior advantages he joined a great fund of gene- rosity and sensiljility ; he was charitable, liberal to prodigality, a zealous patriot, ostentatious, giving dignity to all he did, popu- lar, aifablc and good. lie owed all these qualities to nature, but not his faults. lie woukl have been the wonder of his age, if the vivacity of his character and the lire of his inuiginatiou had been tempered at an age when it is so necessary to check them. lie would, perhaps, have been the admiration of Europe, if his superior talents had been better directed, and an immoderate self love not tarnished their lustre. To tliis defect, perhaps, so hardly ])ardoned, Lafreniere owed the host of enemies whom we shall see rushing on him : ])( ihaps, too, it is part of the fatality incident to merit, to be aUva\s the ob- ject of jealousy and critieisni. Yet, it is conee(k'd that most of those who deposed against this great man, had been loaded by him with favors, and owed him life and property. But let us return to the deputation of the colonists." La- freniere, in spite of all that could be said to him, went to meet O'Heilly, accompanied by a planter and a merchant. The general received them Avith marks of the greatest good-will i he seemed flattered by the ste]), and in their presence repeated the promises made to Aubry. lie prayed those gentlemen to assure the colonists of his desire to contribute to their happi- ness and repose. Bidding adieu to Lafreniere, as the latter * This deputation consisted of Lafreniere, Marquis and Millict. m 192 HISTORICAL MEMOIRS OF LOUISIANA. m took liirf leave, lie said: "Your coiuluct has been misrepre- sented at Madrid, l)ut at a distance objects take a dillerent form ii'uiii what they really have. I sec that you have done your duty ; rest assured that nothing will ha])pen to you. I wished to be your friend." And so saying, he grasped his hand. The deputies scarcely knew how to reply to such warm greetings, so astonished and delighted were they. They hasted back to reassure their families, wdio had meanwhile been in the greatest alarm. The aecountof their reception by the general was the subject of public admiration, and the city soon echoed with praises of O'.Heilh'; and his conduct to the planters, during three weeks which he spent in the river, increased the esteem of all for him. Some sensible men, however, saw through this deceptive exterior, 'i'liey felt that his politeness to Lafreniero was only a lure to draw into his nets the men on Avhoni Spanish anger was io fall, f >r no one believed that Lafreniere would fall alone. They did not believe that, merely to take jiosses- sion of the province of Louisiana, Spain would have sent a lieutenant-general and 3,000 men. All this preparation denoted something less paeilic than was pretended. " O'lleilly," said they, "is too politic to arrest ]^afreniere before establishing his authority ; that would be revealing his design, lie wishes victims at any price, and then the others would have escaped ; for that act of severity would have exposed him to the risk of seeing all the colonists take refuge on English soil." These rellections struck some. In vain they tried to con- vince Lafrenit^rc that O'Eeilly's favorable reception was but a dangcM'ous snare. They reminded him of all that they had suffered from Ulloa. A hundred historical incidents were cited confirming the truth of the character imputed to the HISTORICAL MEMOIRS OF LOUISIANA. 193 Spaniards. They cited him examples where promises in the name of their kings had not held good against their resent- ment, and where on all occasions an alluring exterior had pre- pared the vengeance they premeditated. But they never could make the colonists believe that duplicity and knavery could be carried to that point, and the words " M. de la Freni^re — my//-ie?j(/," — rose to his mind whenever they tried to open his eyes ; they showed him the horrors to which he exposed his family, already branded by the Spaniards for its hostility to Ulloa's unjust plans. In vain his relatives urged him to pass over to the Englisk territory, as O'Reilly's stay in the river gave every opportunity for emigration, but nothing could shake the constant firmness of the attorney-general. He would have deemed it a dishonor to save his life by flight, especially as his conduct furnished nothing to create the danger with which they Avished to alarm him. General O'Reilly's promises made the colonists feel secure. At least it stopped the emigration of many, who, though conscious of innocence, felt nevertheless that the most prudent course was to avoid the resentment of a nation which deemed itself offended and never could pardon. But, in spite of that, a certain homage rendered to the human heart by virtuous souls banished the idea of so atrocious and infamous a piece of knavery as that which we shall see tarnishing the name of O'Reilly. On the 17th of August, 1769, O'Reilly* appeared before New- 1 1. * Don Alexander C'Reilly, the first Spanish Governor of Louisiana, was born in Ireland, about the year 1735. He entered the Spanish army at an early age, and served with distinction in Italy, where he received a wound which lamed him for the remainder of his life. In 1755, he obtained permission from the king to enter the Austrian army, and made two campaigns against the Prussians. In seventeen hundred and fifty- nine he volunteered in the army of France, in which he distincruished himself, and wae warmly recommended by the Duke de Broglie to the King of Spain, who 13 m 19:t HISTORICAL MEMOIRS OF LOUISIANA. :• i 111 Orleans witli Lis wliolo fleot ; his intention was to enter it as a conquered eity, witli (Irums beatin;f, and matches lighted ; but, on Aubry's representation, he consented to act more con- siderately. AVlien Aubry sjpoke of Ulloa's expulsion, O'lieilly cut him short, saying : " The sponge has passed pver that ; all is forgotten ; let ns speak no more of it." In the first moments he constantly afleeted to use similar language. The next day, the b^tli, possession was taken with all the usual pomp and proDiotpil liiin to fho rank of lioutrnant-coloiirl, and as such ho served with dis- tinction in tiio war hctwcpii S|)ain and I'ortujfal. He was at'tcrwards ])roniotcJ to tho raniv of l)rii;adicr-ifcncral, and on tho t^jjiifiusion of the peace of seven- teen hundred and sixty-two, lie was raised to tlio rank of major-general, in which eapaeily he was sent to Havana to rebuiiil tlic fortifications of tliat city which had heen destroyed hy the i;ni.'lish. Atler the expulsion of I'lloa from Louisiana, the kinjr, apprehending much re- sistance from the eolonisls.jirepared a foniiid;il)le expedition au'ainst that jirovince, and ir;ive the t'ommand of it to U'lUilly, whom he appt^inted governor and captain- general of the province. He arrived at the mouth of the Mississii)pi with his fleet on tlie 2lth of July, 170'J On thesame.'itators of the late revolution. 'I'liis deter- mination was artfully concealed until he had procured from Aubry a full report of that event, with the names of the principal actors. "ll is very essential," said O'Reilly, "that I shoidd know who is the person who wrote and circulated the documents entitled, ' Decree of /he Cv7i>ictl,' und a ' Mimorinl of the Inhfiliif/ints of Louisi'ina en the event of the 29//i of October, 17l)"J," because all the articles of said documents claim my special attention. I shall put entire faith in yaiii, the cliiefs ol'the revolution. I'luler various [irele\ts, ( J'lteilly drew to iiis hiuise nine of tlie eliiefs wliieli Iiad lieen named liy Auliry in liis dispatch, and had three Others arrt*sted in llio city-hall. After readiiia to them the orders ol his Catholic majesty, he had tliein arrested in the kini^f's nanii-, ami put them upon their trial for liijzli treason. On the ":{d, he issued a |>roclaniation invilinc^r the colonists to n])|)ear hefore liini on the •^(itli, to take thr oath of .dlej^iauee to his Catholic ni.ijesiy. The victims of his cruelly enjoyed iiut a short res|)ite between conviction and the execution of their sentence. O'Keilly remained ine\oraI)le to the earnest ontreaties of tlie inhahitaiits, to suspend the .senten<'e of death until the royal clemency could he iioiilorcd. He now proceeded to aliolish the laws of France, and sulislitiile those of Spain. On the 'Jlst of November, he issued his proclamatio.i for the almlilion of the Sujierior Council, which he r.lle;:eil had heen deeply iniplie tied in the fjf- iner treasonable movements nirainst Spanish authority. In place of the Superior Council he established the Cabildo, which was a hii,'li court and a lo'.nslative council, at w hich the Governor presided. In its judicial t'apacity, it exercised only apix'llalc jurisdiction, in appeals carried up from the Alcalde courts. He ordered a set of instructions to be preprtred forthe regulation and proceed- ings in civil and criminal cases, to be conducted in the courts a^jreeably to the /(iivs and iisf'^is of Castile nitd Ike In'lioi. A connuandant, with the raidv of ■captain, was appointed for each parish, with authority to e.xeri-ise a mi.\ed, civil and military jurisdiction. The Spanish lantruage was hencef)rth made the tongue in which the judi- cial records throughout the pro\ince were kept and the jjroeeedinjjs conducted. TliC Sptliii/^k iiii/linrili/ and /f'l'-s lare m/w sii}islilu!rit forthe FiChch laws and cusloms. 'I'he black code {rode ndr) which had been previously in use in the colony, was modilied and re-enacted, for the protection arid goveniiiient of the slaves. Foreigners were prohibitecl from jiassing through the province without passports from the governor, and the colonists were prevented from trading with m 'M 19G IIlSToniCAL MEMOIRS OF LOUISIANA. '«! il These renoctions increased the feeling of security in those who were warned of j)risons and punishment. Yet, on the 21st of Augurit, O'Reilly arrested, as state prisoners, de la Frenitirc, the attorney-general ; Do Mazan, a captain in the French service, a knight of St. Louis, of a very ancient provin(;al house; Le Manpii.s, also a knight of St. Louis, commai Jing the troops of the Swiss regiment of Aleve; Ilardy de Boisblanc, a councilor; Caresse; the two Milliets, father and son; Poupet, the elder, and Petit, merchants; Brand,* the king's printer; Doucet, a lawyer, the American colonics. Many of tlic local regulations and ordinances were par- ticularly oj)pressivc. The colonists were at first permitted to emigrate, and many availed themselves of this priviiejre. O'Reilly finding, however, that the province was losing many of its valual>lc citizens, he annulled this privilege, and refused to issue any more passports. The province was soon, however, relieved from fur- ther anxiety of O'Reilly's vengeance, and at the end of a year he was superseded hy Don .\ntonio Maria Uucarelly, as Captain-General of Louisiana. O'Reilly now returned to S])ain. Although he e.xcited jealousies and an- tipathies by the course he adopted while in Louisiana, yet within a few years documents have come to light which go to prove not only his original powers, but the approbation of the Court of Spain of all his proceedings. (See Appendix.) It appears by these tlic king ordered him to proceed to Louisiana, take formal posse.s.>iioii, chastise the ringleaders, and annex the province to his dominions. He proceeds to ratify and confirm all that had been done by O'Reilly, and that as relates to the administration of justice, a special tribunal was to be created, to which all apj)eals were to go, and from it to the council at Seville. O'Reilly made a detailed report of his proceedings to his government, which has never been made public in exlensn, but which was approved of by the council and chamber of the Indies, to whom it was referred. In 1774, he was placed in conmiand of the great expedition which was [sent against Algiers. The unfortunate result of this expedition rather lowered him in the estimation of the Spanish nation, although the king remained true to him. He was afterwards appointed Governor of Cadiz, where he exhibited all the talents of a great administrator. He fell into disfavor on the death of Charles III. Subsequently he was ap|)ointcd to the command of the army of the Pyrenees, and while on his way to join it, he died suddenly, at an advanced age. Some of his descendiMits now reside in Cuba. " O'Reilly," says MichauJ, " had always been an oliject of malignant envy, and had many enemies, whom the flexibility of his temper, and the soft influence of his conciliating manners, could not reconcile to his advancement in a nation proverbially proud and sus[)icious of foreigners.'' * Braud was arrested for having printed the memorinl of the planters, &c., on the event of the 29th of October, 1768. He pleaded in justification, that as 'sent him him. the larlcs nccs, of his been of his ilc to HISTORICAL MEMOIRS OF LOUISIANA. 107 and Villerc', captain in the niilitiii. 'JMic last was on the point of passing to the English side Avitli all his property, Avhen ji letter from Anbry enjoined him to re})air ti:) the capital to confer with O'Jieilly, and j)ledged his honor that nothing should be done to him. Viliere hesitated, but on the word of honor of a French commander, his desire of displaying his obedience to the last triumphed over his well-founded conviction of the S])anish governor's knavery. lie came to the city, was in- stantly arrested and led on board a frigate. " Traitors," he cried, "you durst not declare your oilious {n'ojeets. If you liave the courage you parade so vauntingly, give me my liberty, let mo choose two hundred of my countrymen, turn your three thousand on us, and if a single Spaniard escapes, call us infamous" cowards; but you deceive yourselves if you hope to feast your cruel and savage eyes on the spectacle of my death — Viliere was not made to die on a scanbld." With these words he tried to break through the guard, but the officer stopped him and gave him a kick in the stomach, which stretched him senseless on the ground, while a soldier gave him a bayonet thrust in the thigh. He fell, foaming with rage and fury. In this frightful state he lay three days, and died in despair at being baffled in his revenge. None could be braver than Yillere*. Canadian by origin, he had all, valor, fortitude and freedom of mind; violent and fiery, but frank, loyal and firm in his resolves. lie was of good size, well made, his step firm, his look bold and martial. to his king rather a phrensy than a fmnn of onist liis devotion patriotism. Had all the colonists thought as he did ; had they king's printer, lie was bound to print all thnt was sent to him by the king's com- missary, ami he showed Foueault's signature, at the bottom of the manuscript which he had published. This defence being admitted good, he was released. * Some of the descendants of this brave man and distinguished patriot are now living in Louisiana, holding high oHicial position. il 198 IIISTOHICAL MKMOIIJS OF LOUISIANA. had liirf firm resolve, T doubt whutlicr a sin^dc Spaniard would ever have n-acjliud New-Orlcaus. llo had a genius fur war, and was the chief eleet of the Aeadiaus and Germans in case of a ruj)ture, and under his orders that brave body would have been invincible. I regret to leave a man of his mould; French i>atriots must strew laurels over his giave. Let us return to the other prisoners ; ai\d, to judge O'licilly better, let us see the means he took to arrest them. IIo was aware of the inllueuci.! possessed over the public by tlic men he intended to arrest ; he feared that, by acting openly, ho might excite an outbreak, and therefore to secure those whom he wished to arrest, he acted thus :^ On the evening of the 2Uth of August, he sunmioned the colonels of the two regiments that lie had broi\ght to his residence. " Sir," said he, to the colonel of thUTIO\. * "In the name of the King, we, Alexamler O'Upilly, coniinatulor of Dcnfay- an, in tiie order of Alcantara, major and inspcctor-fjencral of tlie armies of his Catliolic majesty, captain-jjeneral and governor of the province of Louisiana, in virtue of the orders of his Catholic majesty and of the powers witli wliich wo arc invested, declare to all the inhahitants of the province of Louisiana, that whatever just cause past events may have given his majesty to niukc them feel his indignation, yet liis majesty's intention is to listen only to the inspirations of Ills royal clemency, hecause he is persuaded that the inhabitants of Louisiana i si I 'i-. 3tU; ■if ff- 202 HISTORICAL JIEMOIRS OF LOUISIANA. Catholic majesty would fall only on tliosc firrested, and that this monarch would pardon the others. This amnesty proba- Lly induced the unfortunate resolution taken by De Noyan to face all, rather than debase himself by a llight which the Spaniards would have regarded as a confession of the crime laid t(^ his charge. Death seemed to him less frightful than a breach of his woi'd. O'Reilly at last arrested De Xoyan. His pretendt'(l regret, and the manner in which the arrest was made, prove at least the consideration to Avhich he was entitled. He was conduct- ed on board a Spanish frigate and treated with the greatest distinction. Shall I paint the despair of the Avretched wives of these gentlemen ? Shall I dwell on the state to which ^[mc. de Xoyan in particular wasi'cduced? But sixteen and a half years' old, the most deep and tender alfection had for the last eighteeir months united her to the amiable man, whose portrait we have just drawn. Daughter of ^[. de la FrenicM'e, niece of M, de A'illere, she wept at once the detention of husband, father and uncle, and shuddei'cd every moment at the horrid forebodings that tilled her soul. But tho cruel O'lleilly incessantly reassured these ladies as to the lives of those they loved. He repeatedly sent to tell them to dismiss their fears, as the detention of the prisoners would not be long, and that they would soon sec them i'ree. Thus the tyrant flattered their Ibnd hopes, to ren- der the l.ilow he was ])reparing more keen and penetrating, woiiltl not li.iv(> coinniittoil llie ollVncc of which thoy arc guilty, if llicy h;ul not been seiliifcJ hy the intrigues of some ambitious, fanatic and evil-uiindeJ men, who hail tlie temerity to make a criminal use of the iifuoraiicc anil excessive cveilulity of their fellow-citizens. Tiiesc men alone will answer for their crimes, and will be jiulired ill accordance with the laws. So jrenerous an act on the part of his majesty might be a pledge to him that his new subjeijis will endeavor every day of tiicir lives, to deserve by their lideiity. zeal and obedience, the pardon and protection wliicli lio grants tlicni from this moment." — Gayarrc. 4' nd tliat y proba- oyan to licli the 10 criinc 1 than a I regret, at least conduct- greatest of these c Xoyan ' oM, the 1 months avc just 3 A'illcre, ncle, and liat iillcd I'cd these cdly sent iU of the soon see s, to ren- athig. icy hail not liiiilod iiipn, 1 excessive licir crimes, on the part ill endeavor ', the pardon niSTOMCAL MEJIOIRS OF LOUISIANA. 203 Shall I follow these gentlemen in their imjn-isonnient? Shall I tell how M. do Mazan, scixod with a terriMc disorder, beheld his wife in vain im}ilore })('rniission to watch hesidc her husband? Nay, more: the son of that old soldii-i' oHcred to remain in prison till liis father's recovery. Xi)tliinu- could move the cruel and barbarous general. ^Mazan spent his ill- ness in prison. A month or so after their arrest the examinations began.* * It appears from a M.S. copj* of the process verhal of this trial hefore me, that O'Reilly tiased his i)roseciitioii of the leaders of this revolution npon a sln/ii/e of Alfonso XI , which h the first law of the seventh title of the first jiiirtida, which denounces the punishment of death at;d confiscatinn of jiroperty airainst those who excite any insurrection .auaitist the kiuLj or state, t.iUe up arms under any pretence of extendiuig their lilierty or rijjhts, and against those who yivc them any assistance. The prisoners pleaded njj;iinst the jurisdiction of the court, which was over- ruled. They denied the facts witii which tiiey were arraitrned ; tliey contended if they did take part, they did so wliiii' the rrench lln;; was .-till waviriir over the province of Louisiana, and while yet French laws were still in force ; that the facts set forth did not constitute an ollence against the laws of Sjiain ; that they were not hound to bear the yoke of two sovereigns; that O'Kcilly eould not command the obedience, nor respect of the colonists, until he had made known to them his powers, and that the King of Spain could not count u[ion tlieir alle- giance until he extended to them his protection. This trialand the proclamation of O'Reilly, fixes, beyond a doidil. the period when Spanish law was substituted for French Jurisprudence in Louisiana. The powers of O'Reilly were unliuiited, atid extended to a total cliani.'e of the laws, the fiscal and military condition of the country, and ujioii which the treaty of cession remained entirely silent ; although the letter from the king to \I, d'Ahndie held out some delusive hopes that they might not be. Afterthe execution of the prisoners, O'Reilly caused to be ])ublished in French, an abridirnient of Spanish law, with references to the liooks in which they are contained, which he proinultrated for the iiovernment of the jirovince until the Spanish language should be better understood, and the colonists better able to read the .Spanisii laws in their original idiom. This publication, which is ])rinted in the ap|)endix to this volume, was follow, (id by ;in uninterrupted observance of the Spanish code in all its parts, ft is in evidence that O'Reilly's ordinances verr ncffr rrponled. 'i'liey were approved of in 1772 by the Council nf the In.st Ires oH'cnsro di- tons Ics perils qu'oii .1 iiii|)ri:ii('s i-t qui ontraijciit son ifouvcrni'nicnt ct la nation llspaifnolc, ainsi ([uo dv la violence ct dc I'attcntat , au son des tainliours et de dillcrens iiistruniens. acconipajjiies de toiitcs Ics conipaijnics do CJrenadicrs, a pruduit nn fr('s bon cll'ct, ct can-i'^ line satisfaction yi'iii'rale. Le ~l>. an maliii, j'ai rc-.u nno Icttre do M. le (ri1nt?ral dont j'ai I'lionncur do vous ciiMiyir la traductioa exacte, par la(iuel!o il mc inaniue qu'on liii a roniis des habit ant ^? ct noi'ocians sur oriLtinal d un ]ia]iier (jui a pour litre, inenioirt ri'vcncinctit dn ^i'.\ d'October, (pii s'ost trouvi'- chez I'iinpriincur Brand, avee I'ordre siifn('' dc M. Fancanlt, faisant fonctions d'ordonnatcur. pour (pi'il soil inipriine, ct (lu'attcndu ijnc cc libelle est olVensaut. au ]dus hant degre, a i\rautorile ct au respect dii a sa majestic Catholique, et est diilamatoirc a toute la nation Espag- m HISTORICAL MEMOIRS OF LOUISIANA. 207 say calumnies refuted by the accused and by three-fourths of the colony, dared to pronounce on the gentlemen arresti'd the most sanguinary sentence. Let us pass for a moment ovei' the inhumanity of this sentence to regard merely its irregulaiity. First, if w'G believe the Spaniards themselves, they liail no judges but O'JIeilly and ilie Auditor. Tuit let us not admit facts nolo, ct que le crime Je M. Friui-awlt est ])l:iiiirinriit jiistifio p.ir s;i siijiiaturr, il lie luissp aiicun duiitc, (ju'il ii";iit ('ii' iiii dcs clu't" ct iiriiici|);iu\ inotcurs dii sdu- IcvenuMit pt cvci's cominis i.'oiitrc Moiisiur Don Aiituiiio do I l!oa, ct Ic froiivcrno- mciit dc S. Mlc. Catlioli((iip, M. Ic flcm'ral iiic prii' en coiisri|iicn('L' do I'airc s,1i^sir avcc la plus jj[raiidc surrli' ct promptitude la persoiiiic dc M. I'oucault, alia (pie la justilicatioii laite dc sa coiiduito tri's intidMIe, ct erimiiiellc nous |)uiss()hs I'un et I'autrc en rcndre compte a iios souverains respcctil's avcc la nuiise du mc'ino jiroccs ; .I'ui riionneur do vous addrcs.-cr, Monsci;»ncur, la rcponsc epic j'ai cru que le devoir dc nion ctat, nrohlicait dc fairc a Ic (ii'iicral ; tpioi ipi'avci! bu'ntli" la doulurjc M"ay pn me refuser a unc aussijuslc dcmante ilc sa part ; i uccn-cipicnce j'ai ordonncr a M. le Clraiulmaison cy-dcvant Major d'allcr avcc Messrs. dc la Mazetieri'. Ic plus aneier Captainc, ct Aulicrt, Aide-Major, arrcicr au noin du Uoi, Faucault, dans sa maison on j'ai envoyi' anssilot, avcc ra;,ni'iJii'ni dc Monsieur le Ciencral, uii di'tacln'nient I'ranrais et deuxolliuicrs (jiii sont relcvcs tour Ics jours lesquels j'a rcndui rcsi)ousaliles dc sa personnc. .Pai aus>i onlonni' a M. dc Grandmaison do meltrc les celles sur les pa|)icrs, assiste dc Messrs dc li Maze- tlcre ct Aul)ert, en presence dc M. Bo'.ie, faisaut I'onction dc coiitrolcur dc la Marine, Iccpiel j'ai cliarye du soin de la comptaliilite, le remlant responsalilc du nial (pi'il ])ourrait faire, ipioi \r terns ct les I'acilitees pour arranger leurs alfaircs. et sc retirer dans leur Pal ric Pn's?■::- HISTORICAL MEMOIRS OF LOUISIANA. 211 protracted ;* six more to be liung, and tlicsc in coiusidcratiou fortlicir families were shot next morninglf In vain tlioy ap- pealed from tliis unjust and informal jud<^ment U> the tribunal of his Catholic majesty ; in vain they demanded the rights of humanity and justice; in vain they acted the due resjiect of nation to nation, and sovereign to sovereign; in vain thev acconling to royal authority vested in ini', and on the ollu-r, Nichi)las (Jliauvin df la I'Venierp, ex-uttorripy-^fi-nfra! for tlic Kinj; ot" I'rancc, and the Kenior nipniluT of the Superior Council, Jean IJaiiliMte Moyan, his son-in-law, Pierre (.'arrsse. Pierre Manjuis, .InHeph Milhet, an attorney to the memory of Jo.se|)h Villere, on account of this culjirit, demise in jirison, .losepli Petit, iJalthasar Ma/.au, .lerome Doucct, Pierre Hardi de Doishianc, Jean Milhet, and Pierre Poupet, aeeused of havinjj participated in the aforesaid crime anil in thi! suliseiiuent seditions which broke out a|^ainiTnd Manjuis, were shot in the yard of the barracks on the Soth of October, 1769. I f M '.m ?f— It i y. lit: r ' 212 HISTORICAL MEMOIRS OF LOUISIANA. proved that tliey had never ceased to be Frciichmen ; that never having taken any oath to the Spanish king, they could not be guilty tcnvards him for sending off a man with no public or acknowledged authority; in vain they claimed the rights of 8ul)ject.s of the king of France, employed in his service — the sentence was passed, they had to meet it. Kow their patriotic courage, inflamed by the certainty of dying innocent, and the conviction that fidelity to their king alone brought them to the scaffold, was enkindkd anew. They exhorted one another to the firmness needed in that fearful nny one having the trmcrity of carrying away their bodies, without leave, or of contraveninir in whole or in part, the execution of this very same »f n'enc", shall suflVr (loath. And, as it results also from said trial and from the dcchr ition of the aforesaid altorney-<;e!irral, that the late Joseph Villcre stands coiiviclei' likewise of having been one of the most obstinate promoters of the aforesaid C(,'n<*piracy, I condemn in the same manner his memory to be held and reputed forever as infa- mous ; and doing equal justice to the other accused, after having taken into con- sideration the enormity of their crime, as proved by the trial, I condemn the aforesaid F'elit to perpetual imprisonment, in such castle or fortress as it may please his majesty to designate ; the aforesaid Masan and Doucet to ten years imprisonment ; Pierre Hardi de Doisblanc, Jean Milhct, and Pierre Poupet to six years imprisoinnent, with the understanding thatn ^,'" of them shall ever be per- mitted to live in any one of the dominions of his Catholic majesty, reserving to myself the care to have every one of these sentences provisionally executed, and to cause to be gathered up together and burnt by the hand of the common hajig- nian, all the printed copies of the document entitled, " Memorial of the Planters, Merchants, and other inhabitants of Louisiana, on the event of the S9th of Octo- ber, I7f)8," and that all other publications relative to the conspiracy be dealt with in the same manner ; and I have further to decree, and I do decree in conformity with the same laws, that the property of e\ . ry one .Ji'the accused be confiscated to the profit of the king's treasury ; and judging definitively, I pronounce this judg- ment, with the advice of Dr. Manuel Jose de Urritia, auditor of the war and the navy, for the harbor and city of Havana, and the special assessor named by me for this cause, under the royal authority ; and his fees, as well as those of the ofticers employed in this trial, shall be paid out of the confiscated property, in tke manner prescribed by law. (Signed) " Alexander O'Reilly. (Countersigned) " Manuel Jose be Urritia." This sentence was afterwards modified to shooting, instead of hanging the prisoners. i -tlio IIISTOUICAL MKM0IU3 OF LOUISIANA. 213 moment ; hut the Lloody i)ivj)arations were no terror for tliein; they udviincod witli tlmt tranqviillity and Hrnine.sswhicli a fool- ing of iunoocnco gives. Phioed sido liy sidf, facing tlioir butchers, their hands raised to the God who avenges the inno- cent and rewards tlio virtuous, they absohitely refused to bandage their eyes. " Death has no terror for us," said ^^. lo ^farquis, and witli the greatest sang froid asked for a piiieh of snulf. " Know tliat, foreigner as I am, my lieart is French ; it has always beat for Louis, the well-beloved, to whose service I have sacrificed thirty odd years of my life, and I glory in dying for my attachment to him." " Let this consoling idea bear us up," said ])i> la l^'renit^rc, " and reconcile us to the cruel separation which tlic i rofiisod; tliey would flow di'S]iil(; tlic lianlost heart. Let us tnuisiait to posterity tlic iiaiiifs of tlio mx victims \v\u)\n \v<' depluro : M. (h la Frc'iiirrc, Lo MarfjuiH, Do Noyan aiieople. The decree of October 2!)tli, which followed our huinlde remonstrance, is a proof of the innninencc of the dangers which environed us, and the weight of the yoke which begun to crush us. In- duced by the state of alfairs to believe that great evils require prompt and power- ful remedies, our magistrates did not hesitate a moment to take the necessary step of sending off the self-styled governor, for his Catholic majesty to render him an account of his conduct. Hut their diligent care was not confnied merely to calming the disgust of a groaning peo[»le ; they have also empowered them to bear this petition and requests to the foot of the throne, convinced that the com- passionate eye of their natural sovereign would turn to such devoted subjects, and that their respectful love for their monarch would not be rejected by iiis beneficent majesty, the image of the All-prese.'-'ing Being for his people on earth. Zeal- ous Frenchmen, whose property and families are on this continent — you, whose pure hearts need not your monarch's eye to arouse you — you, whose zeal for your incomparable monarch has suffered naught by crossing the vast ocean, by min- gling with strfingers, by the constant activity of a neighboring and rival nation, calm your disquiets as to the cession of this province. Our great king seems in his letter announcing it, to have a presentiment of the alarms. He made himself mediator of our cause with his Catholic majesty, induced us to expect from him the same marks of good-will and protection as those enjoyed under his beloved rule. These august sentiments embolden our love. May the cries of joy, may the " Vive le Iloi," so often shouted around our flag on the day of the revolution and the two following days, be renewed without (ear ! May our feeble organ teach the world and [)osterity, even that this loved rule under which we wish to live and die, to which we offer the wreck of our fortunes, our blood, our cliildrcn and families, is the rule of Louis, the well-beloved. The colony of Louisiana was ceded to his Catholic majesty by a private act passed at f^ontainebleau, November 3, 1763, and accepted by another act passed at the Escurial, on the 13th of the same month. The king, by a letter written at Versailles on the 21st of April, 1704, to M. d'Abadie, then director-general and commandant for his majesty in Louisiana, announcing this cession, testifies at the sairie time his hopes for the advantage and tranquillity of the colonists, and his trust that from the affection and friend.sbip of his Catholic majesty, "he will give orders to his governor, and all other officers employed in his service in HISTORICAL MEMOIRS OF LOUISIANA. 210 council was the only way open to themselves, was there not an obligation on the council to riglit them? Could it refuse to listen to the repeated protests of the colonists and principal in- said colonj', lo continuo in their functions the ecclesiastics niul reli^jious in charge of parishes anil missions — ami continue tlie ordinary juiliics as well as the Superior Council, to render justice accordini; to the laws, forms and usaj^'cs of the colony — and would guard and maintain the colonists in their possessions — hoping, nioreover, that his Catholic majesty would show his new suiijects in Louisiana, the same marks of good w^ill and protection displayed in the previous government, anu of which the miseries of war had alone prevented their feeling greater efTects. He, moreover, orders his letter to he registered in the Superior Council at New-Orleans, that the dilVerent orders of the colony may he acciuaint- cd with its contents, and refers to it in case of need ; his present letter having no other object." Happy and consoling prospect produced in our hearts hy the promises of the most august and respected of monarchs I hy what fatality have you vanished ! Ulloa arrived at the Balizo on the 28th of February, 1700, in a 20-gun frigate, with about eighty soldiers, some Spanish capuchins and employt's. He landed at the city on the Sth of March, a!id, accompanied hy nieuihers of the council, who, in spite of a storm of rain, went to his baat ; he passed through a double line formed by the regular troops, the [irovincial militia, and the roar of cannon and public acclamations. He at first resjionded to these signal marks by the most brilliant promises, but the sequel did not j)rove their solidity. Without entering into minute and ridiculous details of his private life, wc shall retrace his public acts. If his principal aim was to destroy by the first acts of his clat. Jestine administration the flattering hopes we entertained, he succeeded perfectly. To evnice more clearly the first ground of complaint on our side, we must ob- serve, that the trade with the Indian tribes is one of the principal branches of connnerce ; so intimately connected with the planter's interest, that one is tlic spring of the other. This trade is a very |)rofitable market for the productions of several factories, and with encouragement would extend. It is a rich nime — the opi'ning of which offers treasures more considerable than the metallic veins of Potosi. and to increase as fh(! trader increases his commerce. From this inexhaustible source flow aarts, would soon be subjected to our factories alone. The discoveries to be made in those fint countries would be reserved to our clTorts, and our eyes would for the first time explore that part of the globe still unknown to civilized man. How encouraging for us are the intentions of this wise minister] With transports of gratitude we beheld him turn his attention not only to the re-establishment of our fortunes, ruined by the evils of war, and the increase of our resources almost annihilated by the very conditions of peace, but also extend his views to geographical dis coveries, and trace in the same tableau the path of fortune and glory. A mag- nificent project wliich Ulloa deranged, and would doubtless liave destroyed. We do not seek to fathom his motives, and contine ourselves to the narrative of liis persevering ellbrts against free-trade. They began on the very spot by a general prohibition. The traders and settlers in Illinois complained. They showed M. de .Saint Ange, the French commander in that port, the certainty of their ruin, and the inevitable danger of their being plundered and perhaps mur- dered by the Indians, who, ignorant and careless of political considerations, ask only for a constant supply of goods and a market for their furs. In spite of the repugnance of Sefior Rice, a Spanish captain sent by Ulloa to Illinois, as com- mandant the traders went to the villages this year also, although limited to a certain number; these, howevorwere the last efforts of their expiring privileges, and Ulloa about the same time granted to five or six individuals an exclusive trade in the country, recommended by our ministers to general emulation. The lumber trade is anothui object of attention to the merchants, whose interests we have just seen are so closely connected with those of the planter. In the representations made to the Superior Council of the province, it was shown that the value of this article exceeded 100,000 livrcs a-year — an assertion which no one contradicts. This business, which the nature of the country presents to each with a profit in projiortion to the means which he can em|iloy, but always certain in that degree, is the first effort of the new jjlanter, and the steady object of the old one. Deprive Louisiana of free-trade, close the market for her wood, and from that moment you condemn the merchant and planter to indolence and want. 'I"hc ordinance issued September 6th, 170(5, was but a warning of this misfortune. His (Jatholic majesty informed, we were told, of all that concerned the provisioning and utilizing of the country, deigned so fir to favor the inhabit- ants as to permit the export of lumber in vessels from St. Domii.go and Mar- 1. whoso planter. s sliown 1 which sonts to always 1)' object r wood, ncc and I of this jiiccrned inhabit- ud Mar- HISTORICAL MEMOIRS OF LOUISIANA. 221 public peace, over which it was expressly enjoined and recom- mended to watch." Did not all these reasons tend to convince O'Eeillj of the tiniqnp, till means were found in Spain of carrying on that trade. But what probability is there of our lumber trade being taken up in Spain ! Tliis was plunging the dagger gradually in ; the death-blow was given by the decree. In the first article it is said that the shipping shall be only at the ports of Seville, Alicant, Carthagena, Malaga, Barcelona, Corunna, &c. In the eighth, that the returns shall be made to the same ports ; in the third article, vessels sent to Louisiana must be Spanish bottoms, and the captain.s and crews Sj)ani.sh or naturalized. Finally, in the fourth and ninth articles, vului'tariiy putting into any American port, even in Spanish territory, is forbidden, and an involuntary one, subjected to onerous versifications and impositions. Had we then the faintest gleam of ho[)e for our lumber trade to the French colonies of St. Domingo and Martinique, the only spots where it had any value 1 Ye imprudent censors, whose unfounded reflections may extend to our conduct in this revolution, try, by your mathematical combinations, to restore the broken harmony, liy according it to the decree, hut first think of furnishing us means of subsistence. Besides, what apparent ret-ource could even suspend our just forebodings ? The products of our lands and conmierce consist in lumber, indigo, furs, tobacco, cotton, sugar, pitch and tar. Furs have little value in Spain, as they are not in use, and those used are made up abroad. Havana and Peru su|t|)iy wood and sugar far preferable to ours ; Guatemala, a superior indigo, and in quantities greater than their factories consume; Peru, Havana and Campeacly, cotton ; the Isle of Pines, pilch and tar; Havana and the Spanish part of St. Domingo, tobacco. Those grown by us, inferior to those produced by those vast territo- ries, and useless and superabundant in her ports, are rejected there, or reduced to a nominal value. What return then can we e.vpect from shipments made to the {)orts named in the decree! On the other hand, the small number of factories in Spain, with the little aid given there to maritime cities by home agriculture, forces Spanish subjects there to resort to foreign ports for provisions of every kind. Marseilles sup|)lies her ports with grain, as they cannot obtain it at home without the e-Kcessive expense of a laborious land carriage in a mountain country. The whole nation too. is tributary to all the manufacturing countries, and the most siirnal favor that Providence has done her, was to make her mistress of Mexico and Peru to purchase her first necessaries. Rich by industry alone, can we expect Spain to furnish ours suirieicntly and cheaply, when she herself is obliired to buy her own in cash and at high rates ! In spite of the perhaps momentary exemption announced by the decree of all duties on shipments to Louisiana, these sad truths known to the whole world, coupled with the certain depreciation of our products in the Spanish ports, have made us justly fear, that our crops, though abundant, far from rewarding our industry as heretofore, by often giving us superfluities, will cease to supply even pure, simple necessaries. From these observations, superficial indeed compared to the certainties from .i' i ■T * 222 niSTORICAL MEMOIRS OF LOUISIANA. innocence of tlic accused? And even if he had received from his royal master, which is out of the question, the cruel order to condemn them to death, should lie not, before pronouncing which thf y arc deducted, can we for a moment doubt that this colony, as far as its proJuctitnis are concerned, will be useless to Spain, and that the political views in the treaty ol' cession was confined to the sole object of making a bulwark for Mexico. But will the misery of the colonists give strength to that bulwark 1 What madness to undermine our rising fortunes by destroying free-trade, when even these {lolitical views do not seem to require the sacrifice ! Everything induces us to believe that !iis Catholic m.ajesty desired first to learn by the reports of his envoy, the causes which produced and the means which maintained our prosperity. Our king's promises assured us of the good will of our new sove- reign and the mildness of his ii-.'^^nded administration. The officers of the Span, ish king, on their arrival, announced the continuance of our commerce for at least ten years ; the source of our wants known in Spain, without our oven indicating it, was left ojien to our activity; but on seeing the decree, can wo doubt that I'lloa, charged with that report, as stated in the ordinance published here on the Gtli of September, 17GG, is the author of the calamities which threaten ns, and that having [irojected our ruin, his untrue reports have prevented the cffi'ct of that good will, which his master undoubtedly intended to show us. It is vain to object that the last article of the decree permits us to draw from Spanish ports the fruits and goods from Louisiana to sell them in foreign coun- tries, if there is no market in Spain, and that witliout paving any export duty. What avail is all tliis pretended advantage to us 1 Let us not count the articles of the dt cree, but observe its s|)irit, and read none of the articles without follow- ing the close cor.neetion between them all. We arc indeed permitted to sell in foreign countries, j)roducts unsaleable in Spain, but on what conditions 1 Our merchants, naturalized in Spain (decree, art. 3), must go to the ports of .Seville, Malaija, iVc . and pay five j)cr cent. (art. 1") ; forced by the refusal of their cargo to leave these ports and go to seek a market in the neighboring countries, they must return in hallast to Spain (art. 1) ; to take in a cargo of fruits and goods already into Spain after ))aying import duties (art 7). Does this expensive voyage dispel our sad reflections on the general want that threatens us ] Add to this, the ships' expenses, estimated by our chambers of commerce at 3.000 livres a month for a vrs.sel of 300 tons, the unloading in a Spanish port, reloading for a foreign market, double commission, insurance and storage, the increase of avaries, (duties) whieli foreign nations will of course charge on goods coming from Spain, and we behold tiie decree as a kind of alembic, devouring, rarefying our crops to their quintessence. Our king's ])roinises in his letter of April 21st, 1704, induced us to ';iopc that we would always luive the same laws to follow and the same judges to hearken to. Yet, what a blow was given to this article by Ulloa at the very out.set of his administration? He had not yet taken possession ; his coinmission has never been verilied, enrolled, or even presented ; no tie yet binds us to his authority ; li I from order incing as far as political bulwark uiwark 1 Ic, when crything e roporta lined our ?w sovc- the Span- ce for at our oven e.can wo published I threaten cntcd the IV us. Iraw from ■ign coun- port duty, le articles |ut follow- to sell in Ins 1 Our if Seville, ,cir cargo ^ries, thry id goods |c.\ pensive Add to [OOO livres [ding for a >f avnnrs, Lnn Spain, r crops to l.iopc that hearken Itset of his lias never Lulhority ; HISTORICAL MEMOIRS OF LOUISIANA. 223 sentence, prove to the king that he had been deceived, that the colony never having ceased to be governed in the name of the French monarch, the inhabitants were not guilty of any nothing but a' respectful deference for the character which he is supposed to bear, pronuses him our obedience ; and yet severe ])unishnients, chastitienieiits unknown under the still subsisting French rule, art^ already inllicted by his orders, on the ^lightc8t faults ; even if supposed to be faults at all. Now, it is not to be imagined that these false principles of administration, these sad novel- ties of an unknown domination, are the only motives of our fears and the alarm spread through our families. The Spanish law may have beauties and advan- tages unknown to us ; but an antipathy to all that is humane, a natural disposal to injure, seen and j)roved in the individual who comes to [iroH'er us tiiat law, make us feel the hardest consequences, while appearing to act only by those very consequences. Spanish policy closes its ports as much as ixj.ssible, in order to close it at will to foreigners, and absolutely to cut oil' contraband traloying a considerable number, is the patrimony of four minors, and sometimes yields 150.000 livros a-yo.ir. This ground is suseeplihlo of no other revenues, and the men cannot even make a living there. The city, moreover, is in)t iiwommoilcd by it, ami the pits whence tin.' clay is dug being removed from the highway, the j)ublic road is neither narrowed nor impeded, l.'lloa first altaeked the adminis- trator of this brick kiln, and absolutely forl'-d hjni to conlinue, under painof l"or- feiting Ids negroes, o.'icii, carls and tools. Tho parlies interesled, after many etforts, at last wrung from him the grounds of this j)rohibition. He told them that tho pits corrupt, d the salubrity of tho air. To dis.diuso him, thoy furnished ccrtillcates of |)hysioians and surgeons. M. Lebeau, .M. ]),, in his majesty's jiay , rvon drew up somt? learned and jierfoctly cimelnsivo ol.siMvalions. As to eun- mon rolloctious, they wore, "that tho country had always been very ho.iUhy in spilo of all tho clay- pits and cyjiross groves on tho river and around t'lO oity." According to his system it would bo noocssary also to lill tliusc mtowhu-h the water runs and remains most of tho year, l'lloa undoubtedly hai' not loreseeu those objections, but In; imagined or adopted another reason wl'i'ch ho believed unanswerable, namely, that establishments should bo kept ol.''lroin tho fmlil'aa- tioiis, as he called the palisade, which has nothing secrtt, anil an appro.ieli to which IS of no consocjuoncc. The all'air was however si)Uii out, and they oonid neithor obtain of him an order in writing to stop, nor a vorb.il jiormission tooculinue, and many have justly s'lpposod that the brick business was aimed at In smne two or throe individuals — a plan which coincided e.\aclly vvilli the .Sp.mish envoy's turn to reduce all to monopidios. This unconquerable inclination was more clearly evinced last year in bis pro- hibition to introduce negroes into tho colony, as it would have boon prejudicial 15 '•I :l*i I !!■ ! I i! 220 IIISTOUTCAL MEMOIRS OF LOUISIANA. sliuulil be rcL^ardi'il as having violated the usa'^os established by reason and C(iuity. O'lleilly might say, too, that the sub- to an Kii!,'lisli nirrch.'int iti .Jamaica, who had Hcut a vpsbcI to I'lloa to arrange with hiri ilic contract for Hiipiilyinj,' HlavcH ; this Mow was aimnl both at our coniincrcc and our aLTicullnre. From the nn-rchant it took a considerable tiraiich of trade, and cnl olTtlu; planter's means of fortune, for the rivalry prejudicial to the F,ni;lish nirrcliant was advantageous to tin- colonist, who would have prefer- red clieap and vvcil-condilioned slaves. \\'hat thcnf Deprive the new sulijects of tlie most natural means of profit and increase, and enricii a foreigner I Is this what the new rule promised ! Mas Ulloa received sucli orders from his master'! Who dare presume so ! Arc we not fem])ted to believe that vile reasons of interest entered into these monopolies^ Our governors, conunandants and magistrates have always l)een regarded by us as our fatln^rs. As often as we deemed it our duty to remonstrate bund)ly our particular wants or the general interest, were favorably received ; when wc addressed our governors and commandants, instead of regarding us as rebels and mutineers, (a favorite expression of Klloa's) tliey approved our steps, as proper in a true citizen, ^^'e have a proof in M. Aubry's, on the S8lh i^ (itrori;; ; let um iild tli.it of vrxalinn, In keep p'lre willi the /acts Willi wliat ineiiarini; show, even at llic liiiii' when lie re- cciveil iVmn uh only marks of l>linil snliniis^ion, diil he iiol [irfM'nl in uiu' hand tlie fifHt fruilH ol llie new law, in the oilier llie avenyiii!.' nword ! 'J'lic ordinance of Septeinlier (ith, 1700, (tlie first decree of IiIh will pnbiisiied here, and wherein the aiic;iiNt name of his Catliolie inajesily was abusively einployi'd,) I his ordinaneo was proinu!<.'ated in our roads at the sound of the driiiii, and at llie head of twenty Spanish soldiers willi inuskets nml liayonets. Was it to insult us or prevent our inurniurs? If the former, what would riloa have wo iiiili'nl (iiiiit', ill ili'inaiiiling our lawr*, our cuiiiilrx , our kiiii/, and vovviiiL; a |iiv impenetraliie to liie forces of Kiiirland, already inistrcs.'^ of the east hank of th" Missi~isi|)|)i, with a ri;,dit to the navigation and owning ahovc, posts acccssihie not only from the iiioulh of the river, hut also liy their immediate iiroximity to other coiinlries la the iiortli where their sway is estahlished I The |irescrvatioii id' this colony liy I'rance, is a hetter guarantee to the S|>anish possessions on that sidi' than a cession made to that crown ; the unf.ivoralde iiii- jiressioiis already conceived a;,rainst it liy the Indian trihes, which drew on the Sjianish ('a[)tain Ivice. commandant ol' tlie Illinois, not only insults, hut fierce llireats, would range them among the enemy in ca -e of attack. On the contrary, these trilics always march with the French soKlier, wilUant asking against what t'oc ; this is the true huhvark. .\s .Spiiin can derive no advantago from the aciiuisilion of thin inunense pro- vini'e, and as evidently the resi mictions of conmierce will reduce us to a hare living, why should the two sovereigns agree to make us unliap|iy, merely for the pleasure of doing so ! It is a crime to think so — such sentimenis do not enter the hearts of kings. The protection of our new prince, promised hy ours in his letter of .\pril 21st, I'/Ol, shows their mutual wish for our happiness; and the rcsix'cted silence, which we havi> hitherto preserved on our real interests, has (louhtless prevented tluMr attnining the true means to render us happy. As to the utility of this colony to France, the .slightest rilleciion shows it. The loss of (^aii.ida having closed thiit niarket to French manufactures, the pre- servation of fjouisiana can in a sliort time redeem this loss so injurious to homo industry. The elforts of the French already settled here and of those who come in daily, can easily render availahle that .Missouri trade already so well planned, and which needs only the encouragement and help which the French rule can give. Even the Canada Indians come daily to Illinois for French goods, prefer- ring them to thoi-c which the Fnglish cany to their villages. Let them cease fettering our activity, and England will cease scllinir France what furs she needs. In their cargoes, our ni.uiufacturcs will llnd a ready sale and constitute their gain, and in the return of furs, to which may he added our indigo, sugar, cotton, IIISTOUTCAL MF.Mr.IIS DP [.on-rAV A. 220 liifl as the I-'ri'iu'li <,'ovcriior!j lui'l always cxporieucod their ful'lity and subiuksion. they will Ills) Irivo tlip mipply of flw r nv iintorlal on wliidi their iiiiliistry is on;;ii!,'i'(l, If, tiirii.liii' Utility nf ni.iiiiit'acturi'M in llio kiii:;ilom is nckiimv Inl^jfl — and llicy liiivi' iiKv.iys iilil;iiiii'il the H|ii'('i,il priitrctinii nt'oiir kinj,'M — iK it iint in till' [loliiiiMl (irdcr to «'XiiMiil tliiff iir.picciiiMi to the |iri'i>(y tin' kin^r of this iirovinrc ; add, too, our oldiualioii lo rndcavor to fi'storc our ruined for- tiiiirs, unaidi'd hy the funds hcri'tororc shared hy all, in |irn|iorlion to I'cunoiny, einiilalion, patriinony of cai'h, and all iiiiist gco that our new cll'ortii doHiTvo the oncoiiraijrini'nt of our kiiiir. .Jealous olisiTVcrM of all the* rcspoct duo to crowned hoads, ;ind thi' mutual roijard which civilized nations owe each other, we should despair, did our con- duet secin to fail in eillier. 'rhere is noiliin;j ollensive lo the coiirl of Madrid in the exposal of oiir wauls and the assuraiK'c ol our love, which we hear to the foet of our .'iui,rust sovcreijru. \\\< veiilure to hope thai these marks of our zeal will also serve to prove to the nations, ihe Iriilli of the suriiaiue well-heloved, which the whole world irives him, .iiiil which no monarch has hiihcrlo enjoyed. Perhaps even at M.idrid they will isay : "Ilapjiy the prince, our .illy, who finds an olisliiclo to his treaty of cession, in the inviolable attachment of his suhjects to his rule and ;;lorious person." We know full well that the Spanish envoy heforehis departure ohlained, and by his emissaries is still collecliiiir, certilic.ates from some individuals ainonif uh, mercenary clients whom he has umi hy hrilliaiit promises, and who seek prose- lytes here hy persiiadini; the simiile and alarmini,' iho weak. Diit whatever these unauthentic documents may contain, they cannot belie the j;eiieral voii^e and public riotoriely. The (Jenevese, lliii^lish and Dutch mercliuits who wit- nessed the revolution, will relate the truth in their several eoiintries ; in a .still mure certain way will they attest the fact that our (lajr was raised wilhoiit any insult to the Spanish frigate; that Illoa embarked in all possible liberty and with- out any uiibecominir act on our part ; llial then and since we have redoulded our attcMition and respect to the other ollicers of his Catholic inajesly ; that dur- ing the three days of the revolution (a sini;ular and remarkahle fact by ihe avowal of the Spaniards theni'selves), no cry of insult to theirnation was heard amid the more than twelve hundred militia, and the women, children or whole jicople. The only cries heard, in which even foreigners joined, were " Vive le Ivoi de France,"' " Vive Louis le bien-ainie."' To his benrficent inajesly then do we, the iilanters, mercliants and coli)nists of Louisiana, address our humble peliiion, that he will immediately resume his colony, and as resolved to live and die uudir his beloved rule, as determined to !: -.I; ii 250 niSTOKICAL MEMOIRS OF LOUISIANA. i : m '•■ ,. .. , li.; Let O'Reilly then cease to piilliate Lis crueltj'and barbarity, by cloaking Limacir by his orders from court/-' Tlicy could do nil that tlio prosperity of his anus, the extension of Iiis power, and the glory of his reiirii require, we beseech him to ileij^n to preserve to us, our patriotic name, our privileges and our laws. * Great doubts have, until recently, hung over the precise nature of the king's instructions to O'Keiliy. Even Maibois. an able writer, and a statesman of acknowledged abilities, has followed the beaten track of previous writers in cen- suring the conduct and acts of O'lieilly. Gayarre is the only historian who has taken the trouhle to examine lliis subject with any degree of care: and yet, he does not seem to liave been able to jirocure a copy of the instructions to O'lieilly. It is mor(! than probable they were suppressed. In tlie absence of them, however, lie refers us to a letter, wiitten by the Marquis of Grimaldi to the Count of Fuentes, then Spanish Ambassador at the Court of \'ers.iilles, which is the only di)cument that appears to embody the substance of these instructions* except those pul)lished in the appendix to this work. * * * * " 'I'iie instructions given to O'Reilly,'' says Grimaldi, " is, that lie is to take at Havanna the battalions of infantry, the ammunition and other materials wliich he might deem necessary, to transport himself to Louisiana, and after having taken possession of her in the name of his majesty, to liave the heads of the re- bellion tried and ])unished according to law, and then remove out of the colony all the individuals and families, whose presence might endanger its tranquillity. He is also ordered to provide for the military and police organiz;ition of the pro- vince ; to establish the necessary rules for a correct administration of justice and of the tinances ; to secure the dei)cndonce and the subordination ol the inhabit- ants, and to frame a Tiew form of government — the whole, acconling to the ver- bal instructions which had, or might bo given him. But as the king, whose character is well known, is always inclined to be mild and clement, lie has order- ed O'Reilly to be informed that his will is, that a lenient course be [lursued in the colony, .iiid that exiiulsion from it be the only punishment inflicted on those who have deserved a more severe one. ««♦♦«■** " You will give an account of the whole of this letter to the Duke of Choiseul. You will beg that minister tii invite his most Christian majesty to declare, that the said inhabitants of the colony being the subjects of the king, his cousin, must throw tliemselvi's u])on his mercy, anil liv(> under his laws ; the act of cession of the colony, being absolute, and without any obligation whatever on the part of the king."' " It would seem," s,?ys G.ayarri', " from tliis document, that O'Reilly should have contented himself with having expelled from the colony those who had de- served a severer jmnishment — for instance, the pain of death. But were the in- structions shown to the court and those rrally given to O'Reilly, of the same nature? That is the question. If O'Reilly received the instructions which are mentioned in the dispatch of Grimaldi, would he have dared to disobey them ; and HISTORICAL MEJrOIRS OF LOUISIANA. 231 not be sanguinary, and even had knavery circumvented the court, it was his business to draw down the Spanish king's anger on the man who had perilled the dignity of his station by not giving it due authenticit3\ Let us banish from a work dictated by truth, the political maxim promulgated in a philosophical and enlightened age, a savage maxim, Avhich less civilized nations have most sedulous- ly rejected, but which Spaniards adopt with inexcus- able blindness. "Ilappen what will," says a certain waiter, "the chief must never be wrong, and it is dangerous to think so." I shudder to think that a sensible man could even entertain such an ex- traordinary idea, which is even now repudiated by despotism itself. Ah ! what would become of wretched man, if he should have to submit for ever to the caprices and cruelties of a barba- rous tyrant, who has not the good sense to see the injustice of his acts. A government founded on injustice is weak in its foundation, and maybe easily overturned ; — respect is a feeble tie against the effects of cruelty. A people live tranquil and contented, when they know they have laws to protect them and obey without a murmur, if they do not have to dread the insolence of a superior. They also bear insults calmly, if as- sured the law will sooner or later avenge them. AVe theri say boldly, nothing can screen an unjust governor from the anger of the king, who has been appointed to eom- woulij he, when such strong appeals were made to him to nave the lives of liafre- niire and his companions, iiave had tiie unhlushiny cirrontory, on reliisinjr that boon, to plead the orders of the liincr, and tliiis laiscly tiirow upon liis sovereii'i: the odium of a measure wliich was contrary to the expressed will of the iiinir?" There can then he no doubt that O'l'eiliy obeyed to tiie letter, tl»c instructions of the kinu;, for we have, in evidence before us, the report of the Council and Chamber of the Indies approving, iu the most pompous and sonorous Castiliaii phraseology, the acts mid conduct of O'Jieilly in Louisiana. 232 niSTORICAL MEMOIRS OF LOUISIANA. mand liis subjects. Kotliing then slioukl have preserved Ulloa from the exemplary punishment, "whicli the irregularity of his conduct deserved, and all should have induced the Louisianians to believe that the Spanish king would regard with other eyes the motives of their conduct ; all induced them to believe tliat the French king would give them protection at the Spanish court ; that ho would insist on the rights of sub- jects, wliose fulelity to him had exposed them to the wrath of a whole nation that believed itself insulted. The world has beheld with surprise the silence of the French ministry as to O'Heilly's conduct, its neglect to exact repara- tion for his inhumanity, its silence as to the violation of the law of nations in pronouncing sentence on French subjects. Still more is Europe surprised to learn that the remnants of those wretched families, stripped of everything, languish* in silence and misery. Is there then no beneficence, no human itv on earth? Assured of the contrary, let us say that till now the truth was unknown, the French ministry were deceived. ^lay the faith- ful narrative which I now present to faithful souls, excite in them those feelings which honor humanity. Generous and compassionate hearts ! Let us mingle our tears with those of the wretched widows and orphans, whom those virtuous men commended to us, as they died for their king. Let us join our regrets tc the sighs of those desolated families, *TIie propprty of tho prisoners were, in conformity with the laws of Spain, sequeslratcil from the time of thrir arrest. "I iiave," says 0']{eilly, "given strict oril(!rs for tlio liiiuidalion of said property in accorilancc with tlic laws, in order that what behm^s to the widows and other creditors may he i^iveii to them, and the remaiiuler dehvered up to the liing's treasury," Villere, Mazan and LaCroniere, had tliree of tlie tiiiest plantations in all the province. They were sold at auction for ie lixed by coiuiiiun aocurd, for llie evacuation of Louisiana an(J Niw-Orlcans, by tlio subjects of his most Christiiui njajesty, and for the possession of tiie same by those of liis Catholic nuijesty. In testimony wheroot", we, the respt'etive ministers, have signed the present [treliminary convention, and have allixed to it the seals of our arms. Done at Fontainebleau, on the third of Xovembor, one thousand seven huudri'd and sixtv-two. TiiK Duke dk Cnoifjj:rL. The !M.\kqlis ue Guimalui, (A true copy from the original.) The Dckr de Ciioiseul. :'(i 'I - 'h If. Dofiiute act of cession of Louisiana hij the King rf France to the Kin(j of Spain. LoL'is, l)y the grace of God, king of France and Navarre, to all to whom these presents shall come, greeting : Whereas our very dear and well-beloved cousin, the Duke de Choiseul, peer of our realm, knight of our orders and of the golden ileece, lieutenant-general of our armies, governor of Touraine, colonel-general of the Swiss and Grisons, grandmaster and superintendant-general of the posts and relays of France, our minister and secretary of state for the depart- ments of war and marine and the correspondence with the courts of Madrid and Lisbon, did sign, in our name, with the ^larrpiis de Gri- maldi, knight of our orders, gentlemen of the chamber, in exercise of our very dear and well-beloved brother and cousin, the Catholic king, and his ambassador extraordinary near us, a preliminary con- vention, whereby, in order to give to our said brother and cousin a new testimonial of our tender friendship, of the strong interest M'hich we take in satisfying him and promoting the welfare of his crown, and of our sincere desire to strengthen and render indissoluble the bonds which unite the French and Spanish nations, we ceded to him entire and perpetual possession of all the country known under the name of Louisiana, together with New-Orleans and the island in which that city stands, which convention had only been signed con- %' ^ APPENDIX. 237 ixecl by )i'loiins, ssessiuii I signed he souls housand ;i'L. MALDI. :UL. ce to (he to all to ^cry dear r realm, eneral of wiss and losts and o de part- courts of s do Grl- xereise of Catholic nary con- cousin a st which s crown, ul)le the d to him inder the island in ijned con- ditionally and siib spcrati by the Marcjuis dc Grimaldi : and whoroas our said brother and cousin, the Catholic king, animated by the same sentiments towards us which wc have evinced on this occasion, has agreed to the suid cession, and ratitied the conditional acceptation made by his said ambassador exlraordinaiy, which convention and ratification are here inserted word for word, as follows: Don Carlos, by the grace of God King of Castile, of Leon, of Arra- gon, c)f the Two Sicilies, of Jerusalem, of Navarre, of (iraiiada, of Toledo, of Valencia, of Gallicia, of Majorca, of Seville, of Sardinia, of Algesiras, of Gibraltar, of the Canary Islands, of the East and West Indies and the islands and main land of the ocean, archdnke of Austria, duke of Burgundy, of Brabant and Milan, count of Haps- burg, of Flanders, of Tyrol, and of Barcelona, lord of Biscay and of Molina, &c. Whereas, on the third day of the present month, the preliminaries of a peace were signed between the crowns of Spain and France on the one part, and those of England and Portugal on the other, and the most Christian king, my very dear and well-beloved cousin, purely from the nobleness of his heart, and the love and fiiendship in which we live, thought proper to dispose that the J^Farquis de Grimaldi, my ambassador extraordinary near his royal person, and the Duke de Choiseul, his minister of state, should on the same day sign a convention by which the crown of France ceded immediately to that of Spain the country known by the name of Louisiana, toge- ther with New-Orleans and the island in which that citv stands, and bv which, said ambassador agrees to the cession oidv condilionallv sttli sjicrad, as he is not furnished with orders to execute it absolute- ly; the ti'iior of which convention is the following: The most Christian king being firmly re;uisianii, as well as New-Orleans and the island in which that place stands. But, as the Manpiis dc Grimaldi is not informed with sufTicient precision of the intentions of his Catholic majesty, he has thought proper only to accept the said cession conditionally and sub spe ratU until he receives the orders expected by him, from the king, his master, which, if confornuible with the desires of his most Christian majesty, as he hopes they will i)e, will be followed by the authentic act of cession of the said country, stipulating also the measures and the time, to be fixed by common accord, for the evacuation of Louisi- ana and Now-Orleans, by the subjects of his most Christian majesty, and for the possession of the sanie by those of his Catholic majesty. Jii testimony whereof, we, the respective ministers, have signed the present preliminary convention, and have aflixed to it the seals of our arms. Done at Fontainebleau on the third of November, one thousand seven hundred and sixty-two. The Duke de CnoiSEUL, The ^MARlil'IS DE GlllMALDI. Therefore, in order to establish between the Spanish and French nations the same spirit of union and friendship which should subsist as they do in the hearts of their sovereigns, I, therefore, take pleasure in accepting, as I do accept, in proper form, the said act of cession, promising also to accept those which may hereafter be judged neces- sary for carrying it into entire and formal execution, and authorizing the said ^larcpiis de Grimaldi to treat, conclude, and sign them. In testimony whereof, I have ordered these presents to be drawn up, signed by my hand, scaled with my privy seal, and countersigned by my counsellor of state and chief secretary of state and war. Given at San Lorenzo el Real on the thirteenth of November, seventeen hundred and sixty-two. I, The King. (Countersigned) Eicardo Wall. inldi, the 11, an net II, purely 1 his sue- iiiiiue of hut place siifilcient th()\ight i spe rati} king, his Christian [uithentic Allies and jf Louisi- majosty. Catholic vo. signed ic seals of thousand MALDI. d French d subsist pleasure cession, x'd neces- ithorizing 10 m. )e drawn itersigned Given seventeen •; King. APPENDIX. 239 The said acceptation and ratification having been approved by us, and regarded as a strong evidence of the friendship and good-will of our very dear and well-beloved cousin, the Cuthoiie king, we renew and '^nfiriu by these presents, the cession of Louisiana and of New- Orleans, with the island in which that city stands, promising iiunicdi- ately to conclude with our said brother and cousin a convention, in which the measures to be taken in concert for executing and consum- mating this session to our mutual satisfaction will be fixed by com- mon accord. In faith whereof, we have caused thc-c presents to be drawn up, which we have signed with our hands, and have affixed to them our secret seal. Given at Versailles, on the twenty -third day of the month of November, in the year of grace one thousand seven hundred and sixty-two, and of our reign the forty-eighth. Louis. (By the King) Choiseul, Duke de Puaslin. I! III. The seventh article of the definite treat)/ of2'>eace and unitij between the Kin;/ of France, Spain, and Enrjland, aif/ned at Paris on the iOth of February, 1703; which is word fur u'ord, the same with the -si.rlh article of the preliminary conve)(tion between the same poirerSySiyncd at Fontainebleau on the 3rf of Xovcmbcr, 1702. Article 7 or 0, In order to re-establish peace on solid and durable foundations, and to remove forever all motives for dispute respecting the limits of the French and British territories on the American con- tinent, it has been agreed that the limits between the states of his most Christian majesty and those of his Britannic majesty in that part of the world, shall hereafter be irrevoealdy fixed by a line drawn along the middle of the river Mississippi, from its source to the river Iberville; and thence, by another line through the middle of that river, and of the lakes Maurepas and Pontchartrain, to the sea ; and for this purpose, the most Christian king cedes to his Britannic majesty, and guaranties to him, the entire possession of the river and port of Mobile, and of all that he possesses or should have pos- sessed on the left; bank of the river Mississippi, with the exception m I 1 1 » ,n f- 2iO APPENDIX. of Now-Orloans, and of the island whereon that eity stands, which arc to roiiiuiii siibjoct to France; it being nmlerstood that the naviga- tion of the iMississi|){)i iliver is to he e([iialiy free to tlio snlijects of Great Britain and of France, in its whole lireadth and extent, from its sonrce to the sea, and particularly that part between the said island of New-Orleans and the right baidt of the river, as well ns the en- trance and departure by its mouth. It is moreover stipniated, that vesst'js belont;ing to the snlijects of citlier nation are not to bo detained, searched, nor obliged t(j pay any duly whatsoever. The stipnlatioiis contained in the fourth article, in favor of the inhabitants of Canada, are to be of e(]ual ellrct with regard to the inhabitants of the countries ceded by this article. IV. Xote from the French ^[iai)iter to the Spanish Ambassador. \KHHMu.KH,A2)ril2l, 1704. To THE CoN'DK UK FcKNTKS : — *SV;', — Till) king has caused the neces- sary orders to be issued fur the surrender of the country of Louisiana, with New-Orleans and tlu; ishuid ou wliicli the said city stands, into the hands of tlie commissioner whom his Catholic majesty may ap- point to receive them. I liave SL'iit the same papers to the Marquis D'Ossun, who will have the hoiior to present them to his (.'atholic majesty. Your excellency will see that the king's orders are entirely conformable wilh the acts signed in IU',2, and that his majesty has caused some articles to be inserted, eijually conducive to the tran- quillity of the country after it is in jiossessiou of his Catholic majesty, and to the hapjilness of its inhabitants. 1 have the honor to be, with great esteem, your excellency's most humble and obedient servant, The Duke de Choisevl. V. Commission of Don Louis de Unzaga y Amezaya. Don' Carlos, hy the Grace of God, c^c.— ^Whereas, Don Alexan- dro O'Reilly, lieutenant-general of my royal ariaies, and inspector- general of all my infantry, under my commission in the province of vm .; I , APPENDIX. 241 Is, wliich 3 naviga- Itjocts of Mit, from lid islaiul 5 the on- itod, that ot to bo or. The lial)itants jitants of ulor. , 1704. the neecs- joiiisiana, luls, into may ap- Mariiuis i t'atliolic eiiliivly esty lias tile trau- niajesty, cy'ri moit OISEIL. 1 Aloxan- iuspector- ■ovince of Louisiana, by a letter of December lOth, 17«'0, has represented to me, tliftt in eonsefpienee of the order which 1 had dei^Mied to send him, appointing you, Colonel Don Lotiis Unzapi y Ainezapa, politicfti and military governor of the eity and province of Loni«.i!ina; he had put you in ftossession of your eommand, mid had given yon proper in- structions for the performancef»f its duties, communicating the neces- sary orders to the treasury of the said city to make advances to you out of the sum of six thousand dollars assigned to that oflice ; and that, until such assignment should receive my royal approval, you would remain responsible for all that you should receive of the same; and as there was yet no example in that city of the sum for which each governor was refpiirod to be accountable, as security for his proper administration, he had considered your salary as fixed at three thousand dollars, (taking into consideration the dependencies of that province,) and the amount of your security at the same ; and in order that you might not be reduced to seek for an inhai/itant of the city to become your security, you might leave a fifth part of your salary, each year, in the treasury, so that at the expiration of the five years of your governorship, the whole amount would be in my royal treasury ; adding, that he also thought it proper you should be free from the duty of media anata as the ofilce was but newly established ; all which dispositions I approved by my royal order of March 24th, 1770. Moreover, having consulted my council and chambei: of the Indies, on the 27th day of February of this year, I resolved to order this, my royal patent, to be issued in your favor, declaring you hereby ex- empt from the duty of media atiata, ns the office has been but lately established, and that the five years of your governorship are to com- mence on the day in which you took possession of the same, your security being arranged as determined liy my said commissioner. It is, therefore, my will, that you, the said Don Louis dc Unzagay Amezaga, should be military and political governor of the city of New-Orleans, and province of Louisiana ; and I command the council, justices, and magistracy of that city, with the other judges and justices of the same, and of the province, that, after you shall have taken before that assembly the oath and obligation according to the statutes and cus- toms of Spain, in the form established by the said Don Alexandre O'Reilly, to keep the said city and province in my royal name, and never to deliver nor to surrender it while you live, to any enemy or any person, unless coming with an order to that effect, signed by my 16 iii ,11. '■1, 2-12 APPENDIX. roynl hnnd ; you should ho k'ft in cxerciso of the sftid ofTice, for tho said spdcc of five years from and after tho day on which you enter into puMHcsHion of it, or as long as it may be my royal pleasure ; the forts, Soldiers, ammunition, and artillery of the said i»roviiKe and city» being delivered up hy those who may hav«' them in ehargi-, to be used and eommanded by you in all eases and things pertaining thereunto; yon eonduefiiig the said military and polilieal government, as your pnnleeessor Don Antonia de Ulloa, captain in my royal navy, should havtc eondueted it, and as the other political and military governors of my kingdoms in the Indies should ; remaining subordinate to my govi-rnor and captain-general of the i??land of Cuba, and city of Havana, in political and military matters, and in all other cases and things [»ertaining to the said ofliee, conformably to the terms of one of the royal certnlas, which you will receive, bearing date on this d;iy ; you will, therefore, in all cases and all'airs which may present themsiilvcs, regulate your conduct by tho orders which the said governors and captain general may give you; observing in all ptditi- cal and judicial concerns, the laws and proceedings of the courts, causing them to be fulfilled in all points, unless you may have orders to the contrary from me ; and you are nut to interfere in the ailairs of my royal hacienda, ()r the management of my ro}al treasury, in the >aid province and city ; because, as gtjvernor, you have no faither powers in such matters, than that of interposing through the royal ofncers, in cases of introduction of illicit goods and confiscations, and in visiting vessels arriving tluire, either yourself in person, or by your agents; it being likewise your duty to devote yourself with esi)ecial zeal, purity and disinterestedness, to the defence and security of the province, and to the maintenance ui the most perfect discipline among those in garrison, to the prevention of illicit trade, and to the faithful observance of my royal orders. I moreover command the said council, justices and magistracy of the city of New-Orleans, and all otiiers, ministers, sojourners and inhabitants thereof, and of the province of Louisiana, as soon as re- quired by this my royal patent, to have, receive, and hold you as such military and political governor of the said province and city, for the whole period during which, as above expressed, it is my will that you should exercise this ofilce ; preserving and securing to you, and to such deputies that yuu may appoint, according to the form established in another royal ceduhi, bearing date also this day, all APPENDIX. 243 for tlio n\ enter lie -, ll»e ind city » I be \ised eromito •, as your yi sill mid ;()Vernor3 te to my I city of jivses ftiid »s of one i on this y present the snid all politi- he courts, live orders I the ntVuirs ■eivsury, in \w fill ther the royal .tions, and r iiy yi'Ur 1 especial ity of the ine among he faithful ristracy of iniors and soon as re- el you as and city, is my will iig to you, () tlie form lis day, all honors, fiivors, rights, privileges and irnmuiiities without exception, corresponding with the respective stations ; ull such deputies and others ill the said province, coininandants, oflieers and soldiers, con- sidering you as such military and pulilical govirnor, and (il)eying the orders wlilchyou iiiay gi^e thcin in my royal service, eillier vt'rbally or in writing; and I onimand the royal (jllici'rs of the said province to pay you, if they have not already done so, the six thousand dol- lars mentioned above, as your salary, for every year of your service, out of any funds which are or may be in my royal lntc'iendu, on authentic presentation of this patent, with your receipt, whieli sums will be [)assed to your account for your satisfaction j it being under- stood, however, that a fifth part of your said salary is to be annually retained as security for your administration. I deelare, that for this liivor, you are to pay no duty of media unata, inasuuieh as the ollice you hold is one of recent erealion. And note shall lie taken of this puteiit, in the oHiees of the accountants-general of distribution of my royal hacienda, and council of the Indies, within two months after the date thereof, in default of which the same shall be void : note shall also be taken by the said royal ollicers, of the city of Ncw- Or leans. Given at San Udefonso, this 17th of August, 1TT2. (Signed) 1, The Kino. VI. Commission of Don Bernardo de Galvez, DoM Caklos, By THE GuACE OF Gon, &;c. — Whereas, in considera- tion of your merits, and of the especial services peifoimed by you, Don Heniardo dtj Galvez, cohjiiel of the stationary regiment of infantry of Louisiana, while acting as governor, ad luhrLn, of that province, and in condescension to the desires of its iiihalpitanls, J have thought proper, by iny royal decrees • of the 2'2d of April lust, to declare you governor {en proprledad) of the same. Therefore, it is my will, that you, the said Don Bernardo de Galvez should be political military governor of the city of New- Orleans, and province of Louisiana ; and I command the council, justices and magistracy of that city, with the other judges and min- isters thereof, and of the province, that, after you shall have taken before that assembly tlie oath and obligation, conforiaahl(/ with the i ^i '! f; : r I ■ ^ \ 'I iliii I ■!■!:■ ''.n ■:' 244 APPENDIX. Statutes and customs of Spain, and according to the form established by Lieutenant General Don Alexandra O'Reilly, to keep the said city and province in my royal name, and not to deliver or surrender them, ■while you live, to any enemy, nor to any person whatsoever, unless he bring you an authority to that effect, signed by my royal hand, they shall leave you in the entire exercise of the office, which you held ad interim, for the space of five years, more or less, according t ) my pleasure. The forts, soldiery, ammunition and artillery in the said province, being delivered up to you by those who may have been charged therewith, to be commanded and employed by you, in all cases and things pertaining to them ; you exercising the said political and military^ government in the same manner in which your predecessor, Don Loxiis de Unzaga y Amezaga did and should have exercised it, and as the other political and military governors of my kingdoms in the Indies, do and should exercise it ; being subordi- nate to my governor, captain-general ..of the island of Cuba, and city of Havana, in- military and political affairs, and in all cases and circum- stances pertaining to the said office, according to the terms of the royal cedula of August 22d, 1772. You will, therefore, conform in all busi- ness and cases which occur, to the orders reeeivedfrom the said governor and captain general ; observing in affairs of politics and justice, the laws, and tvluitever else may emanate from the courts, causing ihetn to befi/Jillcd in all particulars, unless zvhere J shall have commanded to the contrary. And whereas, by virtue of the regulation issued by the said Don Alexandre O'Reilly, and since confirmed by my royal cedula iif July 21st, 177G, you have a right to [oscompeten) the facul- ties of inteiidant of the said province, you are to manage the affairs of my royal hacienda there, in conformity with the said regulation, and as your aforesaid predecessor managed them ; it being likewise your duty to devote yourself with the utmost zeal, purity and disin- terestedness, to the defence and security of that province, and to the preservation of the most exact discipline, among the troops garrison- ing it, as also to the extinction of unlawful commerce, and the punctual observance of my royal orders. I also command the said council, justices and magistracy of the s^iid city of New-Orleans, and all other ministers, sojourners and inhabitants thereof, and of the pro- vince of Louisiana, that as soon as required by this my n^yal patent, they receive you as political and military governor of the said pro- vince and city, for the whole period above expressed, during which it APPENDIX. 245 'ahlished mid city er them, r, unless al hand, lich you ccording ry in the my have yr you, in the said in which d should !€rnori of 7 siibordi- nd city of d circiim- tlie royal I all husi- ' f/ovcrnor iistice, the 'ij them to manded to ssucd by my royal the fucul- the aflliirs L'gulation, ikewise ind disin- md to the garrison- and the d the said leans, and f the pro- al patent, said pro- II vshieh it is my pleasure that you should exercise that oflice, giving and securing to you, as well as to the deputies [tenientes) whom you have appoint- ed, or may appoint, all the honors, tuvors, rights, privileges and im- munities without exception, wliioh correspond to tiie respective stations, the said deputies, and others of the said province, com- mandants, oflicers, and soldiers, considering you as such military and political governor, and obeying all orders which you may give them, for my royal service, verbally, or in writing. And the accountant and treasurer of the said province is to give and to pay to you the sum of six thousand dollars, being the annual salary assigned to that office, from the day in which it is proved that you have entered into it, to the expiration of the said term (;f five years, nuH-e or less, according to my pleasure, out of any funds which are, or may enter into my royal hacienda, on due presentation of this patent, and of your receipt, without any other formality ; which sum shall be put down to your account, for your satifaction ; it being understood, however, that as security for your adminihtration, according to the form established l>y the said Don Alexandro O'Keilly, a fi'th part of your said salary is to be retained in the royal treasury, in each of the said five years, the sum assigned as duty of media anuta, for the said salary, being also secured thereon, by the commissary and accountant of said duty, according to the terms of the royal cedula, of the 24th of May, 1778, together with the IS per cent, additional, for convey, ing the whole to these kingdoms, as set forth in the regulations of the tariff, and various others on the subject. And note shall be taken of this patent, in the oi ces of the accountants-general of dis. tribution of my royal hacienda, und of my council of the Indies, with- in two months from the date thereof, otherwise it shall become void : note shall also be taken of the same, by the afore-mentioned account- ant and treasurer of New-Orleans. Given at Aranjuez, on the 8th of May, 1779. VII. Dispatch of the Marquis de Orimaldi to Don Lonis Unzaga. Saint Ildefonso, August 24, 1770. Lieutenant-Gexeral Don Alexandro U'Reilly, in his letter No. 33, from this city, dated March 1, sent me copies of the instructions I* ■itril , -'Wi 2^6 APPENDIX. n -' m which he had drawn up, for the lieutenant-governor established in the Illinois and at Natchitoches, and the new special (par(iculares) lieutenants of the districts (partidos) of that province. lie informed me, that he had himself been to Point Coiipce, and, at the request of the inhabitants, had appointed a surveyorf )r each ^)«r^(Wo, at half the former salary. He also enclosed to me an instruction explaining the forms to be observed in this business, and declaring that the granting of land in that province had been confided by his Christian majesty to the governor and comisario onUnator ; and he considered it would be better in future that the governor alone should be author- ized by his majesty to make those grants; and that orders would be given for conforming entirely with the said instructions, which had been drawn up and printed, in the distribution of the royal lands. The king having examined these dispositions and propositions of the lieutenant-general, approves them, and also that it should be you and your successors in that government only, who are to have the right to distribute i^reimrth-) the royal lands, conforming in all points, as long as his majesty does not otherwise dispose, to the said instruc- tions, the date of which is February 18th, of the present year. I comnnniicate this to you, in order that you may understand and carry it into eflect. God preserve you many years. Given at Saint lldefonso, August 24, 1770. (Signed) Marquis de Grimaldi. viir. Royal Order to Bon Pedro Garcia, Mayoral. The Pardo, January 28, 1771. By decree of May 2d, 1705, I communicated to my council that I had appointed Captain Don Antonio de Ulioa, of my royal navy, to proceed to the province of Louisiana, which had been ceded by my cousin, the most Christian king, and take possession thereof, as gover- nor, by virtue of warrants and instructions; making, however, for the time, no innovation in its system of government, which is to be entirely independent of the laws and practices observed in my Ameri- can dominions; but considering it is a distinct colony, having even no commerce with the said dominions, and under the control of its own administration, council and other tribunals ; its direction and APPENDIX. 247 1771. that I )l of its lion and the correspondence with it being reserved to the minister of state, as far as ri?gards the situation of the country, and tlie laws and customs with which its inhal)itants are to remain conforming. But those in- hahitants having rebelled, on the 27)th, 17G8, / commimoned Don Alexandro G'Reilbj, lieutenant-general of the army, and inspector- general of all mg infantry, to proceed thither, take formal possession,^ chastise the ringleaders, and [informing me of all) establish the said government, uniting the province to the rest of mg dominions ; all of which he did, adapting its laws, and after proposing to me that which he judged proper for the commerce of the country, and for the extinction of the council by which it is governed, establishing a cabildo in the place of said council, and taking other measures, as ivill be seen from the statements hereunto annexed ; — all of tvhich were ( jroved by me, as likeioise the appointment of Colonel Don Louis de izaga y Ame- saga, as political and military governor, with a salary of six thousand dollars, free from the duty of media anata, and of two royal officers, to take charge of the administration of my hacienda, to wit: Don Antonio Jose de Agiiier, as comptroller, (contador,) with a salary of 1600 dol'ars per annum ; and Don Martin Navarro, as treasurer with 1,200 dollars per annum; and of three officers at salaries of 500, 400, and 360 dollars respectively. 1 have resolved, that all which has been established as above, should remain and continue fixed ; the said province being, as to its spiritual concerns, annexed to the bishopric of Havana, and governed according to the laws of the Indies, and the regulations provided in them, and by special orders for my American dominions, by the ministry of the Indies and the council, as being incorporated with those of my kingdom ; and also that it depend upon the captain-generalcy and administration of the royal hacienda of Havana, just as the government of Cuba does ; for •which purpose I approved the formation of a tribunal composed of the captain general as president, and the auditors of war and marine ; the attorney [fiscal) of the royal hacienda acting as attorney, and the clerk [escribano) of the government as clerk ; to which tribunal these, my vassals, can appeal, and from it to the council, without being obliged to apply to the more distant audiencia of Santo Domingo. This shall be understood in the council, and in the chamber for its observance; and the cedulas shall be issued, and measures provided for carrying into effect what has been utermiijed ; I being consulted on all doubts, and on all amendments which may offer. Given at the Pardo, on the 2Sth day of January, 1771. m l^ W i> V -h ^f': 243 APPENDIX. IX. \Report to the IClnr;, on Don A. O^Reilh/s Statements. Council and Chamber of the Indies, February 21th, 1772. Your majesty communicated that you had appointed Don Antonio de Ulloa governor of Louisiana, which had been ceded by the must Christian king; and that in the instructions given to him, he was commanded to govern that province independently of the practice observed in America, and under the direction of the council of state; but that the inhabitants, ungrateful for this distinction, had risen up in rebellion — ■for which reanon your majesty had commissioned LieU' tenant- General Don Alexander O'Reilly to proceed thither, take for- mal possession, chastise the ringleaders, and establish such a form of government as woull be most compatible ivith the condition of the country, its climate, and the character of its inhabitants. Your majesty was pleased then to notify the council of the energy, promptness, and activity, with which Don Alexander O'Reilly had executed these difficult charges ; and that the measures he had taken were all so just, and so well adapted to the right intentions of your majesty, that they had merited your entire approbation; and that for their being carried into eflfect, you had commanded the proper cedulas to be issued, yourself being consulted on all doubts and amendments which might present themselves. The council, entering into the spirit of the royal decree, has exam- ined with scrupulous attention all the dispositions of the said Don Alexander O'Reilly, with all his orders, and proceedings in Louisiana; to which eflect it has referred to all the documents accompanying the said decree, viz. : the credula, by which his commission was given, with power to take possession of said province, and six statements, made by him; together with six draughts of royal orders, approving the same — the whole drawn out at length. O'Reilly sets forth in his first statement, that the province of Louisiana cannot subsist without trade, its inhabitants requiring flour, wine, oil, arms, ammunition, and all sorts of clothing; in exchange for which, they could give indigo, cotton, skins, Indian corn, rice, and especially woods, which could be sold to great advantage in Havana, if that port were opened to it&m trade with Spain, with the understand- APPENDIX. 249 Itl exam- id Don isiana; ing the in, with s, made ing the ince of ig flour, x-hange ce, and avana, rstand- ing, however, that the productions of the province should pay no duty on entering Havana; nor any alcabala or export duty be laid on goods leaving that port for Louisiana; that all vessels belonging to the col(jny should be admitted as Spanish into Havana, and all other ports of Spain, with the restrielion, however, that no vessel be admitted into New-Orleans, or employed in transportation, unless it be Spanish, or belonging to the province; that vessels arriving fronx Catalonia with red wine, should take away wood and other articles to Havana, and thence carry sugar ; that, for just reasons, he had ex- pelled from Louisiana the English merchants who were established there, and who ruined and impoverished the country by their monopolies and illicit trade; for which he hoped to receive your majesty's approbation. He merited such approbation in reality, as appears from the royal order accompanying; and the council having heard the opinions of the attorneys and comptrollers general, declares, that the measures set forth in the said statement, by General O'Reilly, arc so proper and so well calculated to render that province happy, that they alone are suflicient to show the profoundness of his comprehension, the su- blimity of liis spirit, and the correctness of his judgment; that there is nothing which sht)uld be altered in them ; and in those measures, it can see the germ of many improvements, and much that may con- duce to the advantage and prosperity of the colony. The council, however, considers, that it is not proper to exempt forever front duty goods transported from Louisiana to Havana, but only for a time, and until the motives for such an extraordinary favor shall have ceased. Your majesty is to resolve, also, whether thoy shall pay the duty of amoxarijlizffo ; and, upon the whole, it is the opinion of the council, that proper cidnlas should be issued for carrying into effect the system of commerce, as proposed by the said O'lieillv. General 0''ReUly,in his second statement, considers it necessary that the said province should be subject to the same iaivs as the other domin- ions in America ; and that all the proceedings should be carried on in the Spanish language ; that a new tribunal should be created, com- posed of judges understanding both languages, the appeals from which should not be carried to the audiencia (a higher court) of Santo Domingo, with which the province has but little intercourse, but to Havana, where a tribunal should be established for the pur- M:: i 250 APPENDIX. pose, composed of the governor, the auditors of war and marine, tho attorney of the royal hacienda, and the clerk of the povernniotit ; and from which they should come to the council. Finally, that the government of Louisiana should he dependent on the captain- generalcy and ministry of the royal hacienda of Havana. Yuur majesty approved those dispositions of O'Reilly, and the council, considering this as an evidence of the advantages to be de- rived, admires the measures of the said general, which prove the vastness of his genius, and that the establishment proposed by him is so far worthy of being made, that the necessary cediilns should be issued to the ministers of Havana and N^ew-Orleans, regulated in all points according to your prudent orders, but with the condition, that the intendants of the royal hacienda and matineare to have voice and votes in the new trilumal to be formed in Havana. O'lieilly, in his third statement, declares that he has chosen six regidores, or magistrates of New-Orleans, to form a municipal coun- cil {cahildo), two ordinary alcaldes, a syndic attorney-general, and a superintendent of public property {Mayordomo de Propios) ; giving the names of these persons, and annexing two principal copies of instructions — the one for the regulation of the cabildo, and the in- struction of its members — the other for the direction of the judges; that in the said cabildo, he had put Don Luis de Unzaga in possession of the government, and had abolished and suppressed the old council; that he assigned more proper salaries to the regidores, clerk, and assessor, and made arrangements for building a house of fl?/»/itam?V;jto (meeting of the municipal body), by a person to whom he had ceded the proprietorship of the land destined for the government garden; and that as funds for the city, he had assigned certain duties on shops, taverns, gaming houses, &c., the arrangements respecting which were received by the inhabitants with great satisfiiction ; that there had been long established in that capital, a duty, under the denomi- nation of anchorage, destined for the preservation of the levy ; and as repairs were constantly required, he had made no innovation either in the duty or in its destination. Finally, that the appoifttments of regidores, clerk, &c., as well as the assignment of funds for the city, merit your majesty's approbation to their firr^i establishment. Your majesty has given this approval, and the council respects so wise a resoluti(jn ; admiring in O'Reilly the energy with which he has proceeded in matters which were out of his ordinary employ- I J.- APPENDIX. 251 rinc, tho :"tit; and that the captain- and the to be de- rove the J by him hoiild be ted in all Lion, that voice and losen six pal coun- al, and a ) ; giving copies of cl the in- e judges; ossession council; erk, and tamiento ad ceded garden ; n\ shops, g which lat there donomi- vy; and n cither nients of the city, pects so •hich he employ- ment and sphere; in his provisions for tho civil, economical, and political government, nothing has been found requiring amondment or addition ; moreover, in both undertakings, theie appears a delicate knowledge, and acute discernment of the laws of both kingdoms, as well as of the practical and the f )rensic styles of our courts. The council, therefore, conceives that proper cedttlas should be issued, for the formal establishment of these oxcolU'nt provisions, it being also ordered that some copies of tho digests (^Recninlac'wn) of tht; Ittws of the Indies, and of Castile, be sent to the colony, and deposited among the archives of the ayuntamientn, in order that the natives of the country may instruct themselves in the form of our government, more minutely than they can from the manual drawn up, with such discretion, by the said general, inasmuch as the latter, though very clearly and methodically expressed, is only an abridgment or com- pendium. O'Keilly declares in \\\9, fourth statement, that conformably with your majesty's resolution, he had put Don Luisde Unznga in posses- sion of the political and niilitary government, with a salary of six thousand dollars, from which are to be discoimted one-fifih as security, to be restored to him when his term of oflice expires ; it ap- pearing proper that he should be freed from the duty oi' media anaia, as the office was one of recent creation. These dispositions, also, merited your majesty's approval ; and the council is of opinion that the ceduhi should be made out; conforma- bly with what is proposed by the said general, who, in these, as well as in other provisions, has acted with the most consummate policy. With th\s ^fi/th statement he sent a minute regulation, in which he detailed all the expenses of your majesty in that province, and which were considered necessary, under present circumstances, taking into view the commerce, genius, character, climate, and the causes of the late difficulties among the colonists ; he showed that he had reduced the number of persons employed in the comptroller's office, and in the public store, without any detriment to the prosecution of busi- ness in either office ; that eighteen priests, understanding both French and Spanish, were required for the parishes of the country ; and that supposing the spiritual aflairs to remain under the direction of the bishop of Havana, that prelate might direct some friars of the cfim- munity of Saint Francis, at that city, to learn the French language, ;:l|^ 'i 'M 252 APPENDIX. ! , m ill order that these missions may it all times bo filled ; and that if your majesty apftroved the enelosed regulation, 130 d Wlars a year would be saved of' the 250 with which the colony was endowed. Voiir majesty also approved all that had been proposed and done by the said general ; and the council considers that it justly merited the royal approval, nothing appearing among tlte provision t luhich does not conduce to the interests of your majesty, and the happiness nf the colony. It sees, hy the admirable arrangement of pay and destination, which he has proposed in the military and political classes, the treasury gains l.'iO dollars, which advantage is due to the |^comprehensivo and indefatigalde genius of the comn)issit>ner. The council also is of opinion that the commissioners should be sent, as proposed, and that the proper cedillas should be sent, for both purposes, as also for the establishment, as your majetty ordains, of pi'blic schools, in xoliich the Jirst 2>rinci2)les of the Christian doctrine may be taught in the Spanish language, in order that the use of the same may be extended. The council hopes your majesty will have sent to him a copy of the contracts to be made with the director and masters of public schools, and the salaries to be paid to the friars, while studying, in order that they be transmitted to the comptroller- general, to be included in the accounts of Louisiana. In the sixth and last statement, he informs your majesty that he had appointed a lieutenant-governor for the district of Illinois, Natchi- toches, &c.,and giving instructions for the purpose of putting an end to illicit commerce, preserving good order, and maintaining the provi- sions of the supreme government ; he also encloses copies of the said instructions, adding that the colonists had admitted the regulations with good will, and they were likely to secure their aflfeciions for the sovereign under whi)se mild government they lived ; that in order to complete this, he had gone himself into that distant province, visiting each village, listening to the colonists, and deciding in their disputes and complaints, without the embarrassing forms of forensic proceed- ings ; that he had caused the lands of the inhabitants to be surveyed, fixing the limits, and subjecting this distribution to the forms con- tained in a paper accompanying; that he considered it proper that grants of lands to the colonists should, in future, be made by the governor alone ; your majesty first authorizing him to make these grants ; and that they should be regulated according to a paper which O'Eeilly caused to be drawn up, in a meeting [junta) called for that ll%:;:i| APPENDIX, 253 lit If your sur would d done by e riled the i does not he colony. un, which treasury nsivc und ihould be , f«)r both rduins, of I doctrine ufie of the will have ector und the friars, nptroUer- lat he had , Natchi- ^ an end le provi- the said Tulations s for the order to , visiting disputes procecd- urveyed, rms con- ope r that e by the ke these :>er which 1 for that purpose, and composed of the persons best acq^uainted with the alTalrs of the colony. Your majesty deigned to approve the provisions of this last state- ment, as well as those of all the preeediiii; ones, except the article relating U» the punishment of adulterers, which was ordered to be left in suspense. And the council considers, that in a eoniniission so troublesome and dilTicult, and which, froni the number of intricate matters embraced, met with numerous obstacles, and demanded a high degree of method and order, Don Alexandro O'lieilly has had the good fortune to be right in all cases, and to arrange things with so much prudence, that (provided his plans are siiff.red to continue) all will infallibly be conducted for the best interests of both their miijesties. IJe has caused the new power under which the colonists are placed, to be loved and respected ; he has enforced justice and the laws; has protected and extended commerce; has established harmony and concord with the neighboring Indians ; has ordered and placed troops at convenient positions, disciplining them with that skill which is so remarkable even among the many extraordinary qualities of this general oflicer; nothing has escaped his comprehen- sive penetration. The particular emjiloyments of persons destined for the public service — utensils to be distributed to the troops — the formation of various companies of militia, and their duties — and in a word, all that belongs to the political and military government of that province, has been disposed by this general with so much accu- racy, prudence, and wisdom, that the coinicil finds iiothing requiring the slightest amendment ; but, on the contrary, many things worthy of its admiration and praise, which it justly bestows; all of which, it appears to the council proper that your majesty should approve, and that royal cedulas should be issued conformal)ly with the representa- tions, instructions, and notices of this commissioner. The chamber represents to your majesty, that at the same time the cedulas are sent, the royal will be expressed to the bishop of Cuba, that he, in exercise of his new jurisdiction and pastoral ministry, promote all that may conduce to the spiritual government and good of those parishes, and that he give account of what occurs, as well as of what he considers necessary for the improvement. Determined March 23, \1T2^ thus: " Let the above be carried into efioct, and the proper cedulas be issued by the council, for the confirmation of those establishments, in all their points. n (i' m 'K': I 254 APPENDIX. X. OnniNANCES AND INSTUUCTIONS OF DON ALEXANDEU o'hEILLY, Commander of Benfai/nn, of the order of Alcantara, Lieutmanl-General of the annus of His Majesty, Inspector-Geniral tf Infantry, and, hy cummiS' sion, Governor and Vaptuin- General (f the provhiie tf Louisiana. Thk prosecutions which have been hail in consequence of the insurrec- tion which has taivcn place in this colony, having fully ilemonst rated the part ami inlliienuo wliicli the council liave taken in those proceedings, coiiiitenancinir, contrary to duty, tlie most criminal actions, when their wliole cHie should have been directed to maintain the people in the fideli- ty and subordination which are due to their sovereign; for these reasons, and witii a view to prevent evils of such magnitude, it is indi; pensable to abolish the said council, and to establish in tlieir stead that form of politi- cal government and administration of justice prescribed by our wise laws, and by which all the stales of his majesty in America have been main- tainetl in the most perfect trantpiillity, content, antl subordination. For these causes, in pursuance of the power which our lord, the king (whom God preserve), has been pleased to confide to us by his patent, issued at Aranjuez, the 16th of April, of the present year, to establish in the military police, and in the administration of justice and of his luuuices that form of government, dependence, and subordination, which should accord with the good of his service and the happiness of his subjects in this colony : We establish, in his royal name, a city council or cabildo, for the administra- tion of justice and preservation of order in this city, with the number of six perpetual regidors, conformably to the second law, title 10, book 5, of the llecopdacion de las Indias; among whom shall be distributed the oifices of alferes royal, alcade mayor provincial, alguazil mayor, depositoiy general, and receiver of penas de camara, or lines for tire use of the royal treasury ; these shall elect, on the first day of every year, two jiftlges, who shall be styled alcaldes ordinary, a syndic procurador general, and a man- ager of the rents and taxes of the city ; such as the laws have established for good government and the faithful ailministration of justice. And as the want of advocates in this couidry, and the little knowledge which his new subject possess of the Spanish laws, might render a strict observance of them difiicult, and as every abuse is contrary to the intentions of his majesty, we have thought it useful, and even necessary to form an abstract or legulation drawn from the said laws, which may serve for instruction and elementary formulary in the administration of justice and in the economical government of this city, until a more general knowledge of Spanish language may enable every one, by the perusal of the aforesaid laws, to extend his information to every point thereof. In conseipience AlU'ENDIX. 255 .LV, General of !»(/ cummia- a. } insurrcc- i) rated llie 'hen llieir llio fideli- ie reasons, onsablo to fl of politi- vvisc laws, oen main- lion. For iig (whom , issued at o military lat form of with the ly: We ministra- mnbor of jook 5, of juted the epository the royal ges, who 1 a in a 11- ablished And as vhicli his servance ins of his abstract itrnctioii in the ledge of I foresaid eqnence whereof, and with the reserve of his majesty's ijood pleasure, wo order and coniniand the jusliees, eabildo, and their ollicers, to conform punctually to what is rcipiired by thu following articles : Section I. Of the Cahiklo. 1. The eabildo, at which the governor shall preside, or, in his absonre, the ordinary alcakle, wlio shall have the lirst voice, shall assemble at the city hotel on the first day of every year, and proceed to the election of ordinary alcaldes and the other oilicers above mtnifioned; it shall also as- semble every Friday, tor the purpose; of deliberalinir on all that may con- cern the public welfare. The syndic procinator-ut'neral shall pntpuse; in these assemblies what rjiay appear to him for the welfan; of the colony. One or two reiiidors shall iinmeiliately after inform the y;()vernor, if he has not presided, of the resolutions that have been taken; and, except in pressing cases when the eabildo for very important reasons may assemble at the governor's dwelling, it shall not assemble in any other place than the city hottd ; under the penalty, to the ollicers who compose it, of being deprived of their employments. 2. In urgent cases, which cannot be deferred until the usual day of meeting, the regidors may hold an extraordinary sitting; they shall be notified to that efi'ect by one of llie ijoor-keepers of the eabildo; and if any one of the members shall not have been notified, the resolulio'is which may have been taken shall, if he shall challenge the same, be void ; as also in case the majority should not have been notified, even if those who have not been notified shall not object thereto. No assembly shall ever be held but by order of the governor, and the assistants shall keep a pro- found silence in respect to the subject upon which the assembly may have deliberated. 3. The regidors shall have an active voice in the elections, as well as the alcaUles of the preceding year, who shall remain in the eabildo until the election of their successors shall be confirmed, and they shall have been received. The alcalde, however, who, in the absence of the gover- nor, shall exorcise the functions of president, shall not have an active voice ; and so soon as the elections shall have been determined, the secre- tary of the eabildo shall give information thereof to the governor, who alone may tlecide on the validity of the opposition made by any member to the persons elected to the municipal oliices, and confirm the alcakles and other otficers. 4. The ofiice of alcalde should be given to capable persons who may have the inlbrniation necessary to fill worthily a charge so important. They shall have a house m tlie city, and shall resiile therein. Those wJio ^^ThTS-'M M ! 259 ArPENDIX. aro cmplojod in tho militia rrmy he nfirncil to tho«ip otTicps; and thoy may al>o Iw driven to tin; rt'giiiors, whoso etnpluymfnts may not be incom- j)a(il)l who havo not attaineii the age of twenty-six year.s, nor tho new converts to our holy faith, can be elected to tho saiti ofhces. 7. The election being conlinned by the governor, the door-keepers shall deliver tickets from the escribano to the elected, notilyini.' them to attend at the iuill of the assembly, in order to take the oath prescribed by law; tho form of which will be fouml annexed to this regulation, and to bo re- ceived and put in possession of iheir otrices. 8. The escribanoof the government will keep a book entitled "Resolu- tions,'" in which he shall record the elections and decisions of the assem- blies, ordinary and extraordir.ary ; and which shall bo signed by all tho juilges and members who may have assisted thereat. 9. The regidors cannot give their votes for the said offices in favor of their father, son, brother, step-father, .son-in-law, step-son, or step-brother, of their wives, although they ma^ be elected by all those who shall bo entitled to vote. 10. W heiiever the cabildo shall deliberate upon an affair wliich may per- sonally regard a regidor, or other ofTicer of the cabildo, or even any one of his kindred, or for other particular reasons which might induce a sus- picion of partiality, he shall withdraw immediately, and shall not return until the affair shall have been ilecided. 11. All decrees, royal provisions, and dispatches, which maybe ad- dressed to the corporation either by the governor or other ainhori/ed min- ister, shall be opened in the cabildo only, where they shall be recorded, and the originals preserved in the archives of the said cabildo. 12. In case of the death or absence of one of the ordinary alcaldes, the alferes royal shall exercise the dudes of that office during the time that they may be wanting to complete the year of him who may be de- ceased or absent: ami, if two alcaldes should be wanting at tJie same time, the other place shall fall of rigid to the senior regidor, provided ho does not hold in the cabildo any office incompatible with that employ- ment, as is specified in the present regulation, under the heads of those several offices. 13. Whenever the regidors may assist in a body, they shall preserve the order following, as also in the cabildo, viz: the aileres royal shall API'KXDIX. 257 anil thoy u incom- 'nntidt. be lit cxc'op- tliis con- lutl liavu led to tho ,ll() luivo ) our holy pors shall to attoiul I by law; I to bo rc- " Rcsolii- h(! asstMU- by all the in favor of 'p-brolher, shall be may pev- uy one of let! a sus- ,ot return [ly be ail- \\/rx\ min- rocorded; laldes, the I time that ly be de- he same )Vided he employ- of those preserve lyal shall take tho lirst phuM?; tho alcalde mayor provinrial th« noxt; the al^uazil mayor, and tiio iithtM° ri'^'idorii uooordiiii; to llirir rank and their siMiiority< 1-J. Kacli ri'tfidtii, accdnlin:,' to his rank', and liy turns, f-hall In? cliaiyiod with till) niaiiilfiiaiu'iMir thf ntiinicipal uKhnaiiccs, ami titu (jlhfi dispo- sitions of L'ovi'iiiini'nt Un tlu' public* ^^'ood. lie nIuiII attend to the prices of provisions, oxaclin;? (ho lines, anil pullini,' in force tho penalties incurred by tho di'liiuiiu'iils. l.». Whenever tlnno shall bo the cpiestion of aUi»montini; tho prico of moat, with which this city is abundantly and constantly supplied, the ea- bildo, at, a public buldinir. shall adjndije (ho cuiiliaot to him wlio shall oblige himsfU to i'uniish it on the best terms and lor the groatcsl advan- tage ol tho piililic. 16. The cabildo shall have conni/ance of appeals from soiitonccs pro- nounced cilliiM- by (lie uovtMiior. or hy (he onliiiaiy alcaldes, where the sum docs no' exeeed l»().00() niaiavedis; which inikNt be understiujd u.s e.xtciiiL ing only to causes wholly civil, for in criminal cases tho appeal must bo made to tho superior tribunal, which his majesty will have tho {,'oodnes3 to appoint, in cdiiseinienco of my icpreseatations to liim on that subject. 17. To leirulize similar appeals, the cabildo shall name two rei;idor3 who. ill (inality ef (!ommissioners. and after liaving taken the oath, shall decide on the justice or injustice of (he sentence from which an appeal is made, conjointly with tho jndye who may have pronounced the same. The nomination shall bo made so soon as (he calildo shall be nnpiired thereto by the appellant ; the tbrin of which, and ot the hislilutiou of the said appeal, will he detaileil in (heir places. 18. In (he liist oidimuy assembly which may be Indd after that for tho elections of each year, the cabildo shall name (wo re;.ndors to receivts tho accounts of (he mayor-domo de propriosof the preceding.' yearof the sums which he may have received for a(;count of (he city, and of (he e.vpt^ndi- tures by onlcr of the cabiKlo for tlie objects to which those sums are des- tined. They shall have those accounts rendered with the greatest exact- itude, and shall oblige the said inayoi-ilomo to deliver np immediately to his successor the residue of the saitl account; the said rcgidois being re- sponsible for the total thereof when the said accounts shall be settled by one of tlie principal o/Hcers of finance. 19. Although the application ami expenditure of the proprios for the objects to whicii they are destined belongs to the cabildo. it cannot. (Jven in extraonlinary cases, dispose of more than 3,000 maravedis (hereof; and when a greater expenditure may be necessary, the consent of the governor must be previously obtained, without which the said cabiKlo cannot assign either salary or allowance upon any occasion whatsoever. 20. The electors in the two jurisil.ctions being responsible for (he injury and detriment which the public may sustain by tho bad conduct and in- 17 m^^ APPENDIX. capacity of the elected for tlie administration of justice and the inan.ni^e- meiit of the pulilic interests, should have for their only objects in the elec- tion of onliiKuy alcaldes and the other otficers the service of God, the kin^;, and the public ; and, to prevent an abuse of that irreat trust, their choice should be directed to those persons who shall appear most suitable for those ofii('(!s, by (ht; proofs they iruiy possess of their affection for the kingi their disinterestedness, and their zeal lor the public weltare. 21. The cabildo is hereby informed that it should exact from the gover- nors, previous to their takinj,' possession, a good and sufficient surety, and a full assurance that they will submit to the necessary in(|uiries and exam- inations durinj: the time they may exercise their employments; and that they will pay what may be adjudged and determined in that respect. This article merits the most serious attention of the cabildo, who is re- sponsible for the consequences which may result from an omission or neglect of exacting those securities from the governor. 22. The otlices of regidor and escribano of the cabiKlo may be sold ; those olhcers shall also be allowed to assign them in the manner prescribed by the laws of this kingdom. In acknowledgment of this favor, and in consideration of the value that these otlices will acquire by the facility of assigning ■ em, by which they will be effectively transferred from one person to another, there shall be paid into the royal treasury, for the first assignment, one half the sum at which the said offices may be rated, and one-third of the same for every subsequent assignment thereof, exclusive of the royal custom of half annats, (receivable -without any deduction in Spain ; which custom shall also be paid by the ortlinary alcaldes who may be yearly elected to those offices. To render these assignments valid, the assignor should survive the same the term of twenty days, computing from the date therei:'": and the as- signee should present himself to the governor within seventy days from the date of the same, provided with an authentic act substantiating the said assignment, as likewise the above mentioned twenty days that the assignor sh.iU have survived the same. Should neither of these precau- tions be taken, the assignor shall forfeit the said ofiice, which shall be deemed vacant to the profit of the king's demesne; and neither he nor his heirs can lay claim to any portion of the price at wliich the same may have been sold. 25. The said assignments shall not be valid, unless made in favor of persons known to be capable, of the age of twenty-six years, and posses- sing the capacity and talents necessary to the common good of the re- public, aiul worthy of the cabililo, on account of the injiny which would result theiefroin shuuld those ollicers be deficient in these qualifications. The said assignments shall be carefully executed and preserved by a pub- lic notary of the place at which they may be made. APPENDIX. 259 Section II. :!tion in 10 may le same the as- lys from iiig the that the irccau- hall be ir he nor ime may favor of posses- the ro- ll would ications. y a pub- O/thc Ordinary Alcaldes. 1. Tho ordinary alcaldes sliall have roirnizance of all matters in dispute, either civil or oriniiiial, belwe ii iiihibitMuts resi(Hiiir witliin their jurisdic- tion, whj h shall extend flnoiii.'h(mt the cily and the dependencies there- of, exceptinir those which may comi- wilhin the cognizance of the ecele- siaslical, military, or other special ourt. 2. The ordinary alcaldes cannot interfere in affairs of rrovcrnment, which come exclusively withm the juiisiliclion and competency of the governor. 3. In all matters on whioii llie cabildo may ikdiberafe. the onlinary alcaldes, >vho may assist thereat, shall, iluring their year of office, have an equal vote with the retridor-;. 4. The alcaldes shall appear in public with decency and modesty, bear- ing the? wan I of royal jusiice — a ba iije providotl by law to distinguish the judges. When administering justice they shall hear mildly those who may present themselves, anil shall fix the hour and the place; of ihe audi- ence, which should be at lOo'cIock in the mnrnin/ O'e Prorurntor General. 1. The procurator ire'ieralof tli(> repn]j]ic is an officer appointed to assist the public in all their conetMiis, to defend ttiem. ])ursue their lii^hls and obtain justice, and to pursue all other claims which have relation to tlio public interest. 2. In consequence tluMoof. the procurator ireneral. who is appointed solely for tlu; public good, shall see that the municipal (uilii)ances are strictly observed, and shall endeavor to prevent every matter or thing by which the said public might suifer. SBBM ' "*~"' iiiirMfiiii mil 266 APPENDIX. 3. For llios'o purposes he shall apply to the tribunals competent thereto, for the recovery otdehts and ruveini(;s due t(.i the eily funds, in (iiiaiily of attorney for the city. He sliall pursue causes willi the aclivity and dili- gence lujcessary to (lischar;,'e hinj iVom the responsibility in which ho would be placed by the slii,'litest omission. 4. He sliall sec that the otiicers of the council or cabildo discharge strictly the duties ol'lheir ollices; that the depositary general, the receiver of fines, and all those who are to yive sureties, shall ;.'ive such as are good and sutiicient ; and in case of deterioration thereof, he shall demand the renewal, confoirnably to law. 5. He shall be preseni ;;t, and shall interpose in, the direction of lands' and other public matters, to the end tliat nothing unsuitable or injurious may occur in the ilistribution of the same. Section VHI. Of the Mayor-domo de Prnprios, 1. The mayor-domo de proprios shall have the management of, and shall receive aU that is comprised within the ticnominatinn of city tuiuls; lie shall give receipts to debtor.s. and sliall record all sums which he may re- ceive, as ahso the expenditures he may make for account of the cabildo, in o'der that he may be able to render his accounts so soon as his year of otiic e shall expire. 2. He shall discharge the drafts of the cabildo upon the rents 'of the city, and none other. He shall abstain from furnishing or lending any sums to any iiidiviiluals whatever, under the penalty ot being responsible therefor, and of being declared incapable of holding any office in the colony. 3. The construction and keeping in repair of bridges, within and with- out the city, shall not be defrayed out of the city funds ; this expense shall be borne by those who shall enjoy the beuelit thereof, amongst whom the same shall be proportioned in the maimer point eil out by law. 4. Whenever any public work shall be undertaken, either l)y the cabil- do or by individuals, care shall betaken that the same be substantial and durable. A legulor shall be named for that purpose, who, without any requital, shall inspect the said undertaking. i 5. The e\p(>ns(3 of public mDurning for the royal family shall be defray- ed from the oily funds, with all the economy which the cabildo can adapt to these circumstances. Skction IX. 0/ the Escrihano of the Cnhildo. 1. This nmc(M- shall preserve in his archives all the papers which may concern the cabildo, or its proceedings. lie -.hall inscribe in a book all the ;!ft %U APPENDIX. 207 id the seeuritios and depo^ifes which liavo relation to tht' depositary iriNioral ; and. la anotht?r book, lliost; svhioli relate to the receiver ol liiie>. lie shall, also, keep a third book tor i.niardiaiis and their sureties, ordinary and ex* traordniary, iu winch he .sliall alscj record the? patents and cnniniissioiis granted by his majesty, and shall take care to presu'rvo th j originals in tho archives of the caliiMo. 2. The escril)ano of tlie cabildo shall never sidfer any papor or ad to bo removed from his archives; and if the jniiires should be obliged to havo recourse to the same, lie shall furnish them a correct copy thereof, but sliall never part with the oriiiinal. 3. The said escribano of the cal)iIdo, and of the ijovernnient. sh;il! note at the foot of all acts and instruments of writinur, ami cojiies of the same which he may deliver, thu lees which he has receiver! theretor, under the penalty of forfeitinir the same, and of iiicnrrini,' the other penaltie-i estab- lished, to prevent him fr.jm evactin',' m.)r.j than is allowei liy the (arid'. 4. The escribano of the cal>ildo and of the government shall in- scribe, in a separate book, the morti^a'^es upon all contia(;ts which may be made bctbre him or any other ; he shall certify, at the foot of each ileed, the char:,'e of miit^ra'^'e under which the sale or the obligation may havo been made, conforinibly to the intention of the law, in order to prevent the abuse ami frauds which usually result therefrom. 5. The reifidors, the escribano, an 1 all those who may succeed to any of the venal ofHces established by the laws of the Indie;, are hereby in- formed that the royal ordinances reiinire, th.at within the term of live years, computing from the d^'.'e of their commission, they must obtain his majesty's conlirmation, -.nd present the same to the ijovernor of the city or province in which they reside, uiuler the penalty of being deprived of the said olfices. Skction X. 0/the Jailer and the Prisons. 1. The jailer shall be appointed by the aliruazil mayor, and approved by the governor, before entering on the duties of his ollice. He shall also be presented to the cabildo to be received, and to take an oath to discharge faithfully the duties of the said oflice, to guard the prisoners, and to observe the laws and ordinances established in this respect, under the penalties therein declared. 2. The saiil jailer must not enter upon the duties of the said oliice, until he .shall have given good and sutTicient sureties in the sum of two hundred dollars, which sureties shall warrant that no prisoner detained lor debt shall be releaseil without an ordi^r from the judj^e competent ther(.>to. 3. The jailer sliall keep a book in which he shall inscribe the names of ;,ti,, !:■ 263 APPENDIX. all tliD prisoners, that offhft jirlcfo hy whose orrter thoy have hern arrest- cl, f ho r;in-io for which Ihi'v .'U'o ili't;iiiitvl, ami the iiamo of thoso who may liavo aiTcMtoil llicin. Ho slmll rcsiih; in prison, and for ciich coiisiihTablo fanit cornrniMi'il hy him ho sliall pay sixty dollars. applical)h' ono half to the royal chainlior. and fho olhiir half to tho infdrmor. 4. I( is till' (inly of tin; jailor to ko('[i tho prison rloan and healthy, to snpply it with water for tho nso of the prisoners, to visit thtnii in the ovo. nini,'. to provont thorn from yarning' or disputing, to troat thorn well, and to avoid insnltioL' or oirc;ndinir thorn. 5. It is likowi-^(! (III! (inly of tho jailor to take earo Mial the female pri- soners are separate from the men; tliat lioth of (hem are kept in (heir respne(ive ii[)ai(inen(s, :in(l that they are not worse treated than their otrenee deserves, or than is presoribed l>y the juilires. (i. With respoi't to his foes, the said jaih-r shall oonline hims(»lf strictly to those whieli are estahlished ; he shall take nout; from tho poor nnder a penalty of tho value of the same. He may not, without inenrrinif the sama penalty. roeeiv(' any gratifieation either in money or iroods. Ho shall avoid entirely either playing', oalinir, or forming any iidimaey with the prisoners, under the penalty of six(y dollars, applicable, one-third to the royal (shamber, one-third to the informer, and the remaining third to tho poor prisoners. Fonh of the oath to he taken by the governors, the akalJes, and the other judges^ luhen taking possession of their ofjlces : Don N., elect(!d governor, or alcalde, &e.. (aecarding to the employment or ollieo,) 1 swear before God, the holy cross, and the evangelists, to up- \\y.^ \ and defend tho mystery of tho immaculate conception of our lady the Virgin Mary, and tho royal jurisdiction to which I am attached by my employment. I also sw(!ar to obey the royal ordinances and tlie decrees of his majesty, faithfully to discharge tlie duties of niy otiici;, to decide according to law in all cases which may come before my tribunal ; and for the more certain attainment thereof, I promise to consult with such as are veU informed in the law, whenever opportunities may occur in this city; and, lastly, I swear tjiat I will never e.xact other fees than thoso fixed by the tarilF, and that 1 will never take any from the poor. At New-Ohli:an.s, November 25, 17G9. Don Ai.EXANnER O'RpitLY. Printed by order of hii; excellency Frauijois Xavier Rodriguez, escribano of the expedition. ArrEXDix. 269 Instrurtions nx to the manner of instituting suits, civil and criminal, ami nf pro^iomiriii'f ju'ltjmcnfs in grnrnil, in ciinffjrinitij to the In ws nf the Kntvn Rcopilii'iDn'lif CdatiUii, aii'l >hr RiCojtildriun dc Ins ln(/i(i.i,Jor thr ij ordtr uf liis e.nclknoj Don Ah:j'- ander O'Reilly, Governor and Cmdaiii General of this 2'rovinii; by qjcciul ci/miniasion of his 77uisjttij. Skction T. Of Civd Jitdijmrnls in Gcncnd, 1. It musl.in tlio first placo, boobsorvoil, tluit in causes civil ur oriiiiiiial, of any iiatiin; wliatsouvcr, persons belon;,'ini^ Id any ^!ii^fiolls (inlei may neitlier appear, nor make aiiy doniaini wilhout tlio permission ol' llieir superior. This permission is cipially necessary to the son, \vlii)S(.' fallier be living, and whose consent must be obtained ; to ihe slave, who may not act without the consent of his master; to the minor, who must bo author- ized by his tutor, who may be chosen by liirnself at the lull a',ro of four- teen years, or appointed by the jnili,'e, when of an a^rc less ad\;uieed : to the wife, who must obtain tlu' permission of her husband; and, lastly, to lunatics antl idiots, who must be represented by the curator appointed by law to take care of their persons and property. 2. It )anst also be observed, that the consent of Ihe father is not neces- sary to tlie son. when pleading in his own name for the recovery of pro- perty or rights ac(piired by his services in war, which are styled cnstrenses or by particular gratification from the prince; oi' lastly, of those he may have acquired by some public employment, which are .styled ijim.'ii cas- trenscs. But in the jase -where the son shall demand a maintenance or ■wish to be emancipated, he shall previously obtain the permission cT the judge, by reason of the consideration and great respect due to a father, or other superior. The slave is also allowed the same course of proceediu" towards his master, if the latter, in the ext'rcise of his authority, shall ex- ceed the boumls prescribed by law, in which case the slave is enlithnl to require either his liberty or to be sold. The wile may, also, without the consent of her husband, require her ilowry, if he shall be on the point of squandering the same; or an alimony, in the case of separation or ill- treatment. 3. He who may purpose to institute an action at law for a sum exceed- ing one huiuhed livres, shall commence the same by a petition setting forth the fact, and tlie motives upon which lu; proceeds; he shall also specify whetiier his demand be for the proceeds of some sale, for money '*i It ^, ^^^o^ v^.^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I •^ Ui2 12.2 m 1^ 1.25 1.4 1.6 M 6" ► Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. M580 (716) 873-4503 ipllj|^^^**^^*^**^^*™*^^*fiti(wia iitfi a Bj 270 APPENDIX. '.' 'i.' fs 1 lent*, or other similar claim, vviMi every circumstance nccesi3ary to the elucidation of the case, and for the information of the judge. He shall conclude by requiring either the return of the money, if lent, or the pay- ment of his demand, and the condemnation of the adverse party to the payment of costs, if he shall unjustly maintain the contrary. 4. The said petition shall be signed by the party or by his proxy, and shall then be presented to the judge, who shall cause the same to be com- municated to the party against whom the demand may be made, which proceeiling sliall have the validity of a citation. The defendant shall make his defence within nine days, computing from the day on which he may have been no'itied of the ileinand. He shall draw up a counter-declara- tion in answer thereto, which shall contain such arguments as teml to de- feat the claim of the adverse party, if the same be not founded, and shall make his defence in the manner observed by the plaintiff in his introduc- tory petition (reqnete). 5. If the defendant does not answer within the nine days, the plaintiff shall reciuire judgment by default, by a writing setting forth that the delay has e.vpired ; and moving that, no answer having been made, the defend- ant be condemned by default ; and that, consequently, his claim be re- puted acknowledged and sufficiently established. 6. If, on the contrary, the defendant shall answer within the nine days, and shall allege that he is not bound to defend the suit as to the merits thereof, by reason that judgment in the case is not within the competency of the judge who has taken cognizance of the same, that the plaintiff can- not plead in his own name, thiit the terqa of his engagement has not yet expired, or otlier similar exceptions, communication thereof shall be made to the plaintiff that he may reply, within six days, thereto. Upon his re- plication the judije shall decide whether the cause shall be defended as to the merits thereof: in which case, without admitting an appeal, the said cause shall be tried on the merits thereof. 7. But if the defendant, without producing any similar exceptions, shall set forth pleas lending indirectly to admit the demand, as by alleging that the thing demanded has not become due, that the same has been already paid, or any other pleas, supported by vouchers, which may be admitted before the putting of the cause at issue, the effcjctof which pleas would discharire him from the demand, the same shall be communicated to the plaintiff, to reply thereto: a copy of which reply shill be delivered to the defendant for a rejoinder to the same; after which the judge shall require the documents, and shall proceed to give judgment. 8. If the fact contosted should be admitted to proof, as being doubtful, the same shall be determined within eighty days, at furthest; during which delay the parties sliall furnish their piv^ofs, and shall .summon each other reciprocally to attend to the administering of the oath to the wit- nesses. H APPENDIX. 271 >ns, shall inq that already 1 mi (ted < would 1 to the d to the require 9. The testimony of the witnesses shall he so secretly given (hat neitlier of the parties shall have knowletljLue of the deposit idiis ot his own wit- nesses, nor those of the adverse party. The term to wliicli tiie cause may have been continued having expired, one of the parlies shall move that by reason of the said expiration the testimony of the witnossi-s be made public. This motion shall be communicated to the other party, who shall consent thereto, or if he shall not reply to the same, he shall be con.lemned by default in the manner observed, when one of the parties iloes not reply to (he plea of the other. The judge shall order the publication of the said testimony, and the deliverance thereof to the parties ; observing' (hat the same be iirst delivered to the plaintitf, (hat he may, if necessary, strength- en the same. 10. The testimony being made public, should the piaintitTfind the wit- nesses of the defendant inadmissible, as being either his »Miemies, or the intimate friends or relations of the defendant or for odier causes which may weaken the faith which would otherwise be duj to their testimony, he shall draw up a declaration in which his exceptions shall be specified, after taking an oath that he has no intention of olfuiiilinir ,them ; which oath shall be notilied to the defendant, who may in reply state his excep- tions to the witnesses of the plaintitT. The said exceptions sliall then be put to the proof, antl forty ilays may be granted (htjrefor, or one half of the term allowed for the takii:g of the testimony in (he principal cause. 11. When the term allowed for the admission of proof of the exceptions shall have expired, the publication of the testimony, as in the principal cause, shall not be allowed, but the documents shall be delivered to the plaintiff, that he may set forth his proof; and if he shall establish that the same is more complete than that of the adverse party, a copy thereof shall be given to tha djfendant, upon whose reply, or in def iu!t therjof, the judge shall declare the controversy determined. He shall then order, that the parties await the final decision, which must be given within twenty days, computing from the day on which he may have recjiiirod the docu- ments in the cause. He shall attentively examine the said ilociiments, and determine the suit by co.idemning the debtor to payment, or by dis- charging him from the demaml, according to the merits of the case. 12. If ju.igm2nt be given for a sum not excee ling 90.000 maravedis, an appeal to the cabildo may be taken within five days, computing from the day on which the parties may have been notified of the sentence. If the judgment given be for a greater sum, an appeal shall lie to the tribunal, that may be appointed by his majesty, in consequence of the representa- tions which have been made to him on that subject. A brief explanation of the manner in which this recourse may be had, will be given at the conclusion of these instructions. 13. If no appeal shall be lodged within the five days allowed, (he partj', who may have obtained judgment in his lavcr, shall draw up a writmg, if 272 APPENDIX, by which he shall move, that no appeal having having been taken within the legal delay, the judgment be considered definite ; and that, in pur- suance thereof, execution be ordered; a copy of which shall be given to the adverse party ; and on his reply, or in default thereof, the judge shall pronounce both on the validity of the jaiigment and the expiration of tho delay; after which he shall order that the sentence take eilect, and be put into execution. i* 4 Section II. Of Executorij Proceedings. 1. When a debt shall bo fully established, and it imports a confession of judgment, as by an agreement or obligation made before a notary ; by a simple note, legally acknowledged by tho drawer ; by confession of judg- ment, although without any written title from the debtor ; by a definite sentence of the court, or by the cash books of the debtor acknowleilged by him; in all these cases the creditor shall draw up a declaration setting forth his claim and his action, annexing thereto the document which enti- tles him to an order of execution, and moving that by virtue of the said document, a writ of execution be granted him for the sum due, as also the tenth anil the costs which may be allowed. He shall observe that his declaration contains the oath that the sum demanded is certain, due, and ought to be paid by the debtor. 2. The judge sliall examine if the document which entities the creditor to a recovery imports a confession of judgment; and, if such be the case> he shall order immediate execution, by addressing an onler in writing to the algnazil mayor, directing him to summon the debtor to pay the de- mand, or, in ilofault thereof, his property shall be seized to the value of the same, with the tenth and the costs. 3. By virtue of the said order, the alguazil mayor shall summon the debtor; if he complies, the execution shall cease. If otherwise, his pro- perty shall be seized and held in custody by tho depositary general ; un- less he shall give good and sntiioient security for the payment of the sum in which he is condemned by the sentence. Hut if he shall not give the security aforesaid, or if he has not property sullicient, he shall be im- prisoned, unless exempted therefrom by the privilege of nobility, which is also eiijoyod by the military, regidors, officers of finance, women, law- yers, physicians, and other distinguished persons. The alguazil rr»?yor shall note, at tiie foot of the writ, his proceedings thereon, as also the day and the hour of his executing the same. 4. The property being seized, the creditor shall, by another writing, move that the same be valued by two capable persons, on whom the par- ties may agree, and that public notice be given that the sale thereof will APPENDIX. 273 :en within at, ill pur- B given to idge shall lion of the ct, and be mfession of ary ; by a i)n of juilg- a definite irleiiged by on setting vhich enti- af the said as also the e that his I, due, and le creditor 3 the case* writing to ay the de- le value of mmon the e, his pro- loral ; un- f the sum give the 111 be im- Ity, which Imen, law- Kil nrA^yor |o the day writing, the par- lereof will be made after the UMial delay, according to tlio nature of the property. The said delay sliall bo of iiiiie days' duration, lor pi^rsonal property, witii a public notice every tlireo days ; and of thirty days' duration, for real property, of which notice shall he ;,'iv(Mi every nine days; but, if the debtor shall constMit. 'he said notices need not be iriven. 5. The said term being evpire.l, and public notice hcing driven, the creditor shall reipiire that the dehtor dcliuitively sinnmoned to make op- position, and to prove that the sum demamled is not duo or has already been paid. In pursuance thereof the debtor shall be delinilively sum- moned, if he has noi previously opposed, which he might do, during the time of the seizure, or of his detention in piison. 6. If the dehtor shall not make opposition, witliin throe days, compuluiL' from the day on which he may have betjii delinitely summoned, he shall be attached by default: but if he s!i;ill mike ojjposilion, lie shall be ordereil to provi; his exceptions within ten days at furthest, which shall be common to both parties to prove the justice of their pretensions in the maimer whii;h to them may seem best. 7. During the said ilelay, the proofs olfered by tlie two parties shall be re- ceived, and they shall cite each other reciprocally to attend at theadminis- teringof the oath to the witnesses, in conformity to the jirovision of scctum 1, Nos. 8 and •». for civil judgments in general ; with this dilbirence, how- ever, that the said delay may be prolonged at the retjuest of flie creditor. in which case the debtor shall enjoy the benetit of the said prolongation. 8. The term allowed iiaviug expired, no further proof shall be allowed save the confession of the party; and the tlocumeuts shall be relumed to the creditor that he may set forth his right, of which a copy shall b'j given to the debtor. Upon his reply, or in tlefault thereof, the judge shall re- quire the docnmeiifs, aiul shall proceed to give judgment. 9. lie shall examine with attention if the exceptions made by the debtor are just, and more fully established than the claim of the plainlilF; and, if such be the case, he shall discharge him I'rom the demand insti- tuted aijainst him. Ite sliall order the restoration of his property, and shall condemn the plaintill to the payment of the costs. 10. If, on the contrary, the debtor has not provotl his exceptions, and the sum demanded be found legally due, the judge shall declare the seizure to be valid, and shall order the fourth and last public notice of the sale to be given, and the adjudication of the property to the hiirhest bidder, and that from the proceedsof the samethe demandof the creilitor be fully discharged, as also the tenth and the costs. The creditor shall, however, be held to give security in the amount of these sums, to answer in the event the sentence .should be annulled by a superior tribunal. 11. This sentence shall be carrie>l into execution notwithstanding ap- peal, but shall not prevent the party who may have been aggrieved from appealing to the cabildo, provided the sum does not exceed 90.000 mara- 18 II m. 274 APPENDIX. :l .: i ti vedis, otherwise the appeal must be made to the superior tribunal, to be hereafter appoiiitod by his majesty. 12. Detiiiitiveju'lgmcut being pronounced, the day for the fourth and last notiee of llio sale of tlie property seizeil shall be appointed. On the said dc'iy the sale shall be made in the presence of the parties, who shall bo legally snumioiied to attend ; and the amount of his demand shall be paid to the creilitor, who shall give the security uforesaitl ; the tenth shall be paid to the alguazil mayor, and the costs and e.vpenses to the other officers, in conformity to the regulations of the taritl. 13. It must be observed, that, if the debtor discharges his debt within seventy-two hours after the seizure is pronounced to be valid, the tenth shall not be demaihled; but in default thereof, the payment of the same cannot be dispensed with; and on tliis accoutU it has been heretofore declared indispensably necessary to note the day and the hour of the pro- ceedings in the seizure. Section III. 0/ Judgment in Criminal Causes. 1. When information shall have been obtained of any crime, such as homicide, robbery, &o., having been committeil, if no prosecutor shall appear, the judge shall officially draw up a proccs-verbal containing the knowledge lie has acquired of the said crime, and shall order an inquiry to be made into the circnmstances of the same ; as, for example, in the case of homicide, he shall cause the body to be examined by owo or more sui'geons,who shall declare whether the wounds have been mortal or other- wise; they shall set forth in what place and in what situation the body was found, and with what instrument it appears that the crime has been committed. In the case of robbery, an examination will be made, and the escribano shall detail and certify the marks of violence on the house or the furniture, indicating that saiil crime has been committetl. The same statement of facts shall also be made in all crimes 1 a formality which is the basis of judicial proceedings, and without which the criminal cannot be jirosecuted. The judge shall, at the same time, order that the information be taken and the witnesses heard. 2. When the party injured shall bring forward a complaint, he shall commence by a petition, containing a correct and brief exposition of the fact, and requesting an examination into the circumstances of the crime, in the manner before mentioned, and also that a summary inquiry may be made into the truth of the facts set forth m his petition. The judge shall take order on the said petition in the followi'ig words: "Be it done as is required." 3. The judge shall make the said inquiries in person, unless unavoid- ably prevented: in which case he may intrust the same to the register APPENDIX. 275 lal, to be 1 ami last tho said sliall bo shall be i\(h shall the other jt within the tenth the same iOretofoio f the pro- ?, such as utor shall lining the n inquiry le, in the c or more or other- le boily as been uh;, and le house The brmality criminal that the le shall on of the le crime, may be ge shall one as is unavoid- register If, however, t1 c crime be established, and the criminal unknown, every incjuiry, search and examination necessary to obtain a knowledge of the saii.1 crmiinal shall be maiio. 4. When the inquiries have been made, vorifyin? the crime, and the criminal is known, if two witnesses appear, or one witness of credit, joined to other circumstances, proving him to be the otrendtT. Ilie judge shall cirect the body of tiie said aigiessor to be taken into custody, as also an inventory of his property to be taken, and the sequestration of the same in the hands of the depositary general. 5. If the criminal has not been arrested^ by reason of either absence or concealment, the judge shall direct (hat. as it appears by the report of the alguazil, the sai I criminal has not been arrestoii, he be cited by public proclamation, three times repeated, in the manner following. 6. The accused shall first be cited to appear and deliver himself up within nine days; of which, the judge shall direct the escribano to certify that the term has expired, if the jailer atRrm that the olfender has not ap- peared. In consequence of the said certificates, which shall bo annexed to the documents in the cause, the accused shall l)e condemned to the penalty of contumacy ; and the judge shall direct that he be again cited to appear within the aforesaid term of nine days. On the expiration of this second delay the escribano and jailer shall certify as before ; after which tlie judge shall issue an order for his arrest, and tlirect (he puhlica- tioii of the same, as also the continuance of the proclamation aforesaid These last nine ilays being expired, th(j escribano shall again ceitify there- t», and the jailer shall aflirin that the accused has not appeared at the prison. The judge shall then declare him fully convicted of contumacy ; and if there be no prosecutor, a procurator fiscal shall be appointed to take the necessary steps in the case; but if there be a prosecutor, the cause shall be committed to him (hat he may proceed therein as he may (hink best, in order to bring the sam;i before (lie tribunal, in which provisional judgments are given, and the criminal is cited as if he was present. The proceedings shall (hen be continueil until the definitive sentence either in fdvorof or against the accused be pronounced. 7. If, however, previous to, or after the sentence, the accused shall pre sent himself at the prison, the cause shall be instituted anew, and the de- fence of the accused shall be heard with attention ; and upon what the prosecutor or the procurator fiscal may set forth in opposition thereto, the previous sentence shall be eitlier confirmed or annulled, according to the documents reproduced on the trial. 8. If the criminal be taken after the order for his arrest has been issueil, and the jiroccs-veibal conelu led, the judge shall direct the jailer to certify that the accused is in prison, and the said judge shall, in person, com- mence the examination by demaiuling his name, age, quality, profession, country and residence. If he be undei- twentyrfivc years of age, he shall 270 APPENDIX. U *:1 El: Vfe; ■>: \)0 rnjoinoil to cl>(X)so a guardian ; ami, upon liis refusal to do so, tl\n ln^\^a stiall appoint some ono for him, by reason .hat the said nxaminafion can- not proceed without the presence and authority of the sai ;j;reat»!st circumspection, as it must always In; rtMncmberctl liiat it is bcltor to li-t a i-riniinal osfapo than to punish the innoounl. 15. Altorall I hose precautions, the jiulire shall pronounce sentence : ami althou;,'li in criminal causes an appeal should not bo admitted, yet if the jud::e sliall iuive doubts, or IVoni some ditiicuities on the liial he shall (hink it advisable to submit the same to the examination of a su]UMior tribunal, execution shall be suspended, and this second instance shall be conducted as in civil causes. lie judge, Si:(TioN IV. Of Ajipenls. 1- When judu'm'Jnt has been ^iven for a sum or an object, the valuer of which exct^ds ninety thousand inaravedis, an appeal maybe taken by the party who thinks iiiinself ai'irrieved, directly to the tribunal to bo liereafter appointed by his maji.'sly : and when the said appeal >liall have been lodnjed, comnninication thereof shall be made to the adverse parly, who may plead against the merits of the same; that is to say. whether the sentence shall be suspended or evecnted, nolwilhstandinir appeal. To determine this point, the jud^e shall dciiand tin; documents, and alter examiniufjr the same shall pronf)unce eilluir for or aixainst. as he shall tiiink: and in nr^xent and particular cases, such as dowry, alimony, or others of a similar nature, in which appeals should not lightly be admit- ted, he shall onL-r execution. In this class are also comprised criminal causes, uide.ss such circumstances should occur as cited at the conclusion of the preceding paragraph ; in which ca.sc execution must be suspentled until the superior judge has c.vainiiied the same, and confirmed the sen- tence pronounced. 2. If the appeal be admittt* ■ e second trial shall be conducted in (ho manner following: The judge riiull direct the delivery of the docnuuMits in the cause to the appellant, il/it he may declare in what consists the grievance of which he complains; by which is meant that he sliall set forth in afgnment the injury he would sustain by the execution of the sentence, which, for one or more reasons, is not in conformity to the pro- visions of the law in similar cases, ami concluding by moviuii that the same be annulled. A copy of this declaration shall be given to the other party to reply thereto and confute the arguments of his adversary, by setting forth those tending to prove that the sentence has been pronounced in conformity to law. The judge shall then direct that after having tran- scribed the documents in the cause, at the expense of the appellant, the originals be transmitted to the tribunal, in which the appeal is to be tried. He shall summon the parties to hear the transcripts compared with the E! 278 APPENDIX. ifV 1% m originals, as aNo to npjx'ar in person, or by proxy, at tlio tribunal to which the .saiil ajjpcal .nhali bo curr.ed, within tlio dcluy that may bo allowed, according,' to the ili.staiice of the ^anie from this province. The saiil tie- lay sliall cornmeiiee from the day on wiiich the lirst registered vessel shall sail trom this port for the place where the superior tribunal shall bo establisheil ; the judjre havinj; previously ordered the delivery on board the said vessel, of the orijfinal documents aforesaid. He shall inlbrm the appellant, that if, within thi- delay allowed, he shall not prove that he appeared before the said tribunal with the original ilocunienls, he shall fully and indisputably forfeit his appeal, and that the execution of the sen- tence shall conse(piently be ordered on the (irst re(inisition of the adverse party, If. however, the appellant shall establish the loss of the vessel i» which his docunieuts weie embarked, or u{ the ont; in which he had transmitted the vouchers of his havin;,' appeareil at the superior tribimal within the time prescribed; or, in short, any other impediment which may iiischar;Lre him from the aforesaid obliijal ion, the appeal cannot bo declared to bo abandoned ; but on the contrary, a turther iielay shall bo granted; and if the orij^inals have been lost, copies thereof shall be de- livered to him. that ho may prove his appearance and compliance with whatsoever has betni recjuired. 3. In the case of a jud;^meid for a sura not exceeding 90,000 maravedis, exclusively of the costs, the appeal shall be made to the cabildo of this city, and the same shall be conducted in the manner followinu; : Within five days compulinj,' frnor tlierenf. ft. If a majority nf the thiee jnd^'e>i appointed sliall aecurd in opinion, their senfcnec sinill be valid and concliisivt,'. and an a|>|) al to any other tribnnal shall not be admittoil; l»iit the jndijo who prononneod the first pentenee shall ranso the seooml to be executed so soon as the documents shall have been delivered to him for that pnrpose. Skction V. 0/ Pnnishmentn. 1. Ho who shall revile onr Saviour, or his mother, the most holy Viririn Mary, shall have his tonirne cut out, and his property shall h' conli-^cated, applicable, one half to the public treasury, and the other half to the informer. 2. He who, fora:ettin!T the respect and loyalty which every subject owes to liis kinir. shall have the insolence to vilify his royal person or that of the ([ueen, the hereditary prince, or ni the infants, their sons, sliall bo punished corporally, accordinu: to the circumstances of the crime: and the half of his property shall be confiscated to the profit of the public or loyal treasury, if he have leiritimate children ; but if he have none, he shall forfeit the whole; applicable, two-thirds to the public treasury, ami the other third to the accuser. 3. The authors of any insurrection a-rainst the kinsf or the state, or those who, under pretext of defendini; their libertv and rights, sha'l be concerned or take up arms therein, shall be punish ., with death, and the confiscation of their properly. The same punishments shall also be inflicted on all those, who may be convicteil of lese-majeste. or treason. 4. Whosoever shall ontiaire another cither by wounds, ciill's. or blows with a stick, shall be punished as the judire may think suitable to the case and to the rank both of the offender and the olfouded. But if tin! abuse consi.sfs only in words, and the amrressor be not noble, the jiid^io shall exact the retraction of the same, in the presence of him. Assassins and robbers on tho hiirh\\ay shall suffer death. 17. Tho same punishmiiut sliall also bo iutlicted in ca^cs of forcible robbery, whiuli shall bo reputed such, when the prnprit?toi or other person shall have made resist aneo. 18. Jtobbories of other kinds, other tiian those compiised in the preced- injj articles, shall bo punished corporally, aceordinif lo tiio nature of tho same, and the lank of persons, 19. Ho who shall kill another, shall sutler death, unless done in his own deh'uce, or under such circum.-tances as are ex])laiiied in tho laws of tho Nueva Recopilacion do Cast ilia. 20. He who shall commit wilful murder, or wound another with intent to deprive him of lite, althouudi the woundeil person may survive, shall sulh.'r death, and shall be drais shall sit^n for them ; so that there be eight signatures, in- cluding that (if the escribano, who shall also put his sign.'tture thereto. 6. B('fore the opening: of a will, after the decease of the testator, it is necessary that the judge who shall have knowledge thereof, shall certify thereto, and that the witnesses appear before the said judge, and declare, on oath, that th(>y were present, when the testator declared the same to be his last will: tlicy shall acknowledge their signatures, or shall declare (if such be the case) that by their request some one has signed for them. 7. As it often occurs that persons, it her unab'e or unwilling to make a will themselves, empower others for ( at purpose, they are hereby inlorm- ed, as follows : 8. That such authority must be giv >, in presence of the same number of persons, and with the same formaliti required for testaments. 9. That the person empowed to rnak i will for another, cannot revoke a will previously made by his constitu .t ; unless the said will shall con- tani a speciai chuist! to that effect. 10. That lie may neilher appoint a leir, bequeath a third or a fifth to any of the chiklren cr descendants ' his constituent, disinherit any of them, substitute others in their stead, i. ame a guardian for them with- out an e.xpress clause and special authority to that effect : by reason, that tho constitneut should himself nominate his heir, and designate, by his will, wliatsoever he may wish to be done. 1 1. That if the t(^stator has not appointed an heir, nor designated one in the power given to make n will for him : the person so empowered, may only direct the payment of the debts of the deceased ; after which a fifth part of the proceeds of his property shall be distributed for the repose and relief of his soul : the remainder shall be divided amongst the relations of the deceased, who, according to law, shall inherit; or, if there be n«ne, the whole shall lie applied to pious uses, for the benefit of the soul of the deceased, alter previously deducting therefrom what is allowed by law to the wife, as dower, bridal presents, donations, proper iiujitias, the half of the profits on the joint estate, and whatever may have fallen to her by succes.sioii or donation during the marria;ro. APPENDIX. 283 in the pre- idity of the leir, unless ecessary to ceptions, to ■.s, the testa- an entlorse- ndorsement write; and matures, in- tliereto. estator, it is hall certify md declare, same to he 1 declare (if r tliem. r to make a uby iiilonn- ■xie number ts. niot revoke shall con- 3r a fifth to erit any of them with- eason, that ite, by his ited one in ered, may lich a fifth repose and elations of e be none, soul of the by law to 10 half of to her by 12. That if the constituent shall have appointed an heir, the porsun em- powered as aforesaid may not dispose of, in Itiracies pious or profane, mure than the I'lfth partofthe prop /Hy of the testator, his debts btinir previously paid : unless by a special clause he shuuKl be authorized to dispose of a greater part. 13. That the person empowered should proceed to the completion of the will witli which he is chariri'd within four months, if he be in the place in which the power was pven : or, if not. within si.v months : unless he be out of tlie kingdom: in which last ca.se, one year shall be allowed, com- putinj,"- from the day of tlie decease of the con-tituent. All tiiat may be done by the person, empowered as aforesaid, after the expiration of that term, shall be void ant! of no eiTeci, even if he shall alleye. liiat he had no knowledire whateverof his haviuij been so empowered. Hut all the other stipulations by the testator, in the said power contained, shall be carried into execution, and the remainder of his property shall be delivered to his relations, who inherit (th inlest'tfo, and who. wilh the except i(in of tlii; legiti- mate ciiildren of the descendants or progenitors of the testator, shall ;;ive the fifth part of the net pnjoeeds of the said property, lor the case and re- pose of the .soul of the said testator. 14. Tliat the jiersou empowered as aforesaid may not in any manner re. voke the will he shall have made by virtue of the authority aforesaid, nor add a codicil, nor any declaration thereto, even if the same should be Ibr pious uses, and notwithstanding he may have reserved thi! power of re- voking, augmentiug, dimi-iishing, or changing the disposal he shall have made. 15. To the said testaments, codieil.s. or powers iriven to that effect, women, monks, people under the age of fourteen, drunkards, or other dis- qualified persons, shall not be admitted as witnesses. 16. A testator may bequeath a third or a filth to anyone of his children or other leuitimate dL'scendants, by specifying the part (jf his real or person, al property which he designs for that purpose. 17. When a testator shall make a bequest to any of his children or legitimate ilescendaiils, he may inqiose such condition, remainder, or entailment, upon the property becpieathed as he may think proper, in oriier that his ulher legitimate descendants, or, in default thereot, his iileiiitimate descendants, or if there be iioneofeitliiM' of those ilescriptioiis, his relalions may enjoy the benefits resulting therefrom: to the eiiil thalllesiid be- quest may never pass to a stranger, unless all the relations in the oider aforesaid shall be deceased. 18. The father may also, while livinir, ad\ance any of his children or legitimate descendmits, in the same manner as at his death, or by will ; but it is to be understood that he shall make the same advancenieiil but once, and that the same being made during his life cannot be revokeil, if settled by agreement and fixed by a public instrument, which should pre- ;':l if xsaat 284 APPENDIX. if f . i cede (he delivery of the object in which consists the advancement, or if havinj^been made witti a view to rnaiiia^^e, or lor any other similar cause; unless he shall have reserved, by the said instrument., a power to that effect.; in which case he may revoke the said advancement. • 19. If the father or mother shall have entered into an agreement not to advance any one of their children, the said agreement shall thereafter be binding; and if they should altemfit the saiv. advancement by any public instrument, the same shall be void and of no elfect. If, on the contrary, they shall promise the ailvancement in consideration of marriaj:e. or for other similar cause, the right to a third or a lift h shall be gooil at the decease of the parent, although no mention thereof shall have been made in the will. 20. The said advancement being made during life, or at the point of death, shall be calculated upon the real value of the property at the time of the decea.se, and not at the time of making the same. 21. All deeds of gift, or legacies, by tlie father or mother to their chil- dren or descendants, tluring life, or beijueathed by will, sliall be reputed on account of the third or (he liltli, although the same may not have been so expresseil. In coiise(pience thereof, they cannot bequeath a third or a filth (o any of tlie other childien or descendants, which shall exceed the value of the saitl legacies or gilts to the former. 22. When any one shall die intestate, and without having empowered another to make a will for him. in the maimer hereinbefore explained, if tliere be no legitimate children; or ascemlants, who can inherit, the rela- tions by blood and kindred of the fourth degree shall inherit the whole of the property ; observing that (he nearest reIa(ions shall inherit of right, and to the exclusion of those who may be further removed, uidess the nearest relations shall be brothers of the deceaswl; in which ease, the children of the other brothers, who sludl have died previous to the tiecease of the per- son intestate, shall take a portion of the whole ; that is to say, tliat if one brother, and three or four children of another brother, be living, the said children shall be entitled to an equal proportion, or one-half of the property; and the brother, uncle of the said children, shall inherit the other half, by reason that the nepliews succeed by representation of their father, and not in their own right. This rule shall be followed in the division of estates when there may be a greater or less number of heirs : the foregoing being intended for an example. 23. If the deceased shall have neither ascendants nor descendants capable of inheriting, in the ortler explained, in the preceding aitiele; the king shall be his heir, and the property shall be vested in the treasury or royal chamber. 24. Those who have not legitimate descendants may will in favor of their illegitimate cliiklren, although they may have ascendaiit.s. It must be understood tliat by illegitiniate children are meant those born of a tree mont, or if ilar cause; er to that I lent not to ;reafter be any public i contrary, laiip. or for 'SWi[ at tlie )een made le point of ,t the time their chil- >u ri'piited have been . tliinl or a ;\ceed tlie m powered plained, if the rela- e wiiole of right, and lie nearest iildren of jf the per- at if one the yaid )roperty; :• haif, by r, and not f estates ing being icendants icie : the easury or favor of It must of a free APPENDIX. 285 girl, to whose marriage with the father of the said children no legal im pediment existed. Those children shall succeed in their own right, to their mother, and shall inherit the whole of their property, whether she may have died intestate, or otherwise, and shall have a preleience over the ascendants, in case she shall have no legitimate children, who would otherwise inherit, to the exclusion of ihe illegitimate childien. 25. lllegiliniafe children of every description shall incuiitestably suc- ceed to thi'ir mother, if she have no legitimate children or descendants, even to the cxcl. aoii of her father or other ascendants. 26. The father and mother having legitimate children or descendants, cannot give, by way of maintenance, to their illegitimate children, more than the fifth part of their property; of wliich proportion they may also dispose for the benefit of their souls, or by a legacy to a stranger ; except- ing from the foregoing, the children of ecclesiastics, or monks, who can- not in any manner inherit from their parents or kindred, nor pretend to anything possessed by them during their lives. 27. A son or daughter, wliile untler the authority of the father, being oC competent age, that is to say, the son being fourteen, and the daugliter being twelve, may will in the same manner as if they were emancipated from their parent, and ..lay dispose of the third part of their property by succession, donation, or in another manner, unless derivetl from the father, who shall inherit the remaining two-thirds in the same manner as tlio mother or other ascendant. Tahli of Fees, demandahU by Judges, Lawyers, Escribanos, Attorneys, and the other Officers of Justice. Judges. — For a signature containing the baptismal and family name of the judge, four reals in silver dollars of America, as also for the other fees hereafter detailed. They shall put the aforesaid signature to judgments, decrees, warrants, titles, and despatches which they may ilelivor for another tribunal. They shall e.xact but two reals in the same money for a signature containing their family name only, and the same for their cipher. For a sitting of two hours and a half, in cases of inventories, seizures, assessments, public sales, adjudications of real or personal properly, proccs- verbaux, declarations, e.vaminations, and other acts of justice of whatsoever nature, two ducats, equal to twenty-two reals in milled ilollars. For atHx- ing the seals, in case of death, one ducat. If a longer time be necessary for the security of the property, the fee may be augmented in proportion to the time that shall be employed. For the opening of a will, and the examination of the seven witnesses, which shoulil precede the opening of the will, forty-eight reals, viz : forty-four for two sittings, and the other 286 APPENDIX. four for the signatures t« Ihe two instmments. They sliall receive four ciuciits perdiem wliile emplo)'e(l in tlio country, to continue until their return to their own houses ; tliey shall he decently entertaincil, and shall be provided with a horse and other thing's necessary. AssKssoRs shall have also two duoats for each sitting in the city, and four for the country, either with or without commission. They shall charge one real per leaf for revising documents, they paying due attention to the bulkof th(! same, to the circumstances of the case, and to what may bo only a contniualion of the usual business. TllK Al.CAI.DK MaYOH PkOVINCIAL, A.\0 THK OFKICEUi' OF THK SaINT Heumanuad shall receive the same fees as the other royal judges, for their signatures and their sittings. liKtJinoiis. — In causes of little importance, which may be brought be- fore the cabililo by appeal, two regidors shall be appointed as commission- ers, conjointly with the judge, who shall have pronounced the previous sentence. In all such cases they shall receive the same fees as the judge for their signatures and sittings. TiiF. Ai.c.L'AZiL Mayor. — In common executions against debtors, they shall require payment, and if the same be not complied with within seventy-l wo hours from the moment of the summons, the said debtors shall pay, besides the fees to the judge and theother officers of justice, the tenth to the algua/il mayor, which is five milled dollars for the first hundred dollars, and two and a half dollars lor every other hundred dollars; so that if the e.vecution be issued for throe hundred dollars, he shall take ten dol- lars for the tenth. He shall not, however, exact the same until the creditor be satisfied in the sum for which the execution be given. TiiK Dia'osiTARV (iKNKKAL shall take three per cent, on all sums in specie, wiiicli may come into his posse.-:sion by way of deposit, and the same for plate, jewels, or other personal property which may be deposited with him. For real estate, as houses, plantations, and other property yielding reve- nue, he shall take five per cent, upon the .said revenue, which shall be his compensation for the management of said property, for receiving the proceeds thereof, and for rendering an accountof the same to the tribunal by whom he is appointed, whenever he shall be required thereto. He shall also take five per cent, upon the proceeds of the labor of all slaves in his care, who may not be employetl upon the estate. Whenever bonds or notes shall be depo-ited with him, he shall take five per cent, upon the sums which he may recover on account of the same. Lawyers. — The fees of lawyers shall be settled by another lawyer whom the judge shall appoint: and for every sitting their compensation shall be the same as that of the judges and assessors. But when they may be emi)loyed in examining documents in order to a,s&ist at a court, they shall be paid separately. ^M m. APPENDIX. 287 n distiibntcd to the settlers nearest thereto, in order tiiat the eonininnication of tlie roads may not bo intcr- rnptcd. "). If a tract bcloiii.qn|T \q minors slionid remain uneleaied, and Iho leve(?s and the roads should not he ki'pt in repair, tlio jndL'e of the (piarter shall in(|Min; into tlio canse thereof [f atlribntable to tlie irnardian, he shall oblige liini to conform pronii)llyto tliis rei^idation : bnt if arisin'j; from want nf mi'ans in tiie minors, the judgi*. afttn- liavinir, by a verbal process, obtained jiroof thereof, shall report the same to the '.(uvernor- i^eneral. to the end tiiat the said land may be sold ibrthe lienelit of the minors, (a special favor. ;Lrranted to minors only:) bnt if no person shall, within six months, be found, the said laiul shall bo conceded gratis. (f. Every inhabitant sliall l>e ]\el I bound fo enclosi', V,-ilhiii three yi-'ars, the whole front olliis land wliicli shall be cleared; and lorllu! remainder of his enclosnri! h" will auri>e with his nci^'libors, in propoitioii to his cleared lands and his means. 7. Cattle shall be |)ei,Tiitted tu yo ni laruc, from the eleventh of Xovem- ber of one year, to the; lifleenth of ^NJarch of the year following: and at all other limes the proprietor shall be responsible for the dama^^e that his cattle may have done to his neighbors, lie who shall have snifered the damage may complain to the jndge of tlie district, who. after liaving satisfied him- self of the truth thereof, shall name experienced men to estimate the value of the same, and shall then order rennnieration without delay. 8. No yrant in Opelousas, Attakapas, and Natchitoches shall exceetl one league in front by one league in depth: but when the land granted shall not have that depth, a league and a half in front by half a league iu depth may be granted. 9. To obtain iu the Opelousas, Attakapas and Natchitociies, airiautof forty-two arpeuts in front by forty-two arpents in depth, the applicant must make it appear that he is possessor of one huiulred heail of tame cattle, some horses and sheep, and two slaves to look after them : a proportion of which shall always be observed for the grants to be made in tlie said places, but none shall ever be matle of greater exlent than that declared in the preceding article. 10. All cattle siiall be branded by the proprietors; and those who shall not have branded them at the age of eighteen months cannot thereafter claim any property therein. 11. Nothing being more injurious to the inhabitants than strayed cattle, without the destruction of wliich tame cattle cannot increase, and the in- habitants will continue to labor under those evils of which they have so often complained to us: and considering that the province is at present AI'l'KNDIX. 291 inrostud Willi sirayod cattle, wt; allow tdlliu piopriotors until (lie considered wild, and may he killed by any per- son wliouisoever, and no one'shall oppose iiiinselftlioveto. or lay claim t(i any property tjierein. 11. All :,rrants shidl hi^ made iu (ho luiine ol the kniir. Ijv ttio M(,vernor- >,fcncral ot tlie provim'e. who will, at llu; same time appoint a snrveyor to lix the honnds thereol. hoth in front and dejiUi, in prestnu'oot tjie ordinary judn'o Oi'thi' disiiicl. an. I oi two adjoining.' stittlers. "•ho shall be present at the survey, 'i'ln,' ahovc nunitioiu'd tour perMius shall si^jn tlu» proees- verbal wiiicdi shall he made thereol, nnd tlii> surveyor shall make tlirce copies ol the same: one ol whudi sjiall be deposited in (lie ollice of the oscribauooi iho governnuMd an;! cabildo. and anotiuM shall be delivered to tin; vovernor-Lieiieral. and the thinl to the j)roprit'tor. to be annexed to ihe titles o! his irrant. hi pursuance of the powms whieli oui lord, tlio kuiL'. (wiioni (iod pre- s:!rvc) has been pleased to eonlide tii us. |iy his ]ia1ent issued at Araujue/. tile Ifitli of April. l8(J!i. to (jstablish in ihe military, the police, and in the ailministration of justice, and !ii.< linances. such rcLiidation as slionkl be ooiiilucive to lii': service and tlie happiness ol his subjects in this colony, with tlie reserve of his majesty's ^'ood pleasure, we order and coinrnaml the governor, judires, cabildo, and all thi» inhabitants of this province, to conform punctually lo all that is resulted by (!iis rcL'ulatioM. Given at NKW-()iu.i:.\Ns, (he \f O'Rku.i.v.