Description of Louisiana.

Total

137,204

- $1,907,998

stance has taken place not from want of confidence In 1801, foreign articles, to the value of - $1,770,794 in the eventual payment of the certificates, but In 1801, domestic articles, to the value of from the uncertainty of the time when, and the want and general value of specie. The whole of this debt is said to be due to the inhabitants, and to American residents. It would have been long since paid off, but for a diversion of the funds, destined for that purpose, to different and external objects.

Imports and Exports.

The productions of Louisiana are, sugar, cotton, indigo, rice, furs and peltry, lumber, tar, pitch, lead, flour, horses, and cattle. Population alone is wanting to multiply them to an astonishing degree. The soil is fertile, the climate salubrious, and the means of communication between most parts of the province certain, and by water.

The following has been received as a sketch of the present exports of Louisiana, viz: 20,000 bales of cotton, of three cwt. each, at twenty cents per pound, increasing $1,344,000 45,000 casks of sugar, ten cwt. each, at six cents per pound, increasing 302,400 800 casks of molasses, one hundred gallons each, increasing

Indigo, diminishing rapidly

Peltry

In 1802, foreign articles, to the value of $1,054,600
In 1802, domestic articles, to the value of -

Total

170,110

- $1,224,710

=

$2.500.000 2.158.000

20

$4,658,000

The duty of six per cent. ought alone to produce the gross sum of two hundred and seventy-nine thousand four hundred and eighty dollars; and that the difference between that sum and its actual net produce arises partly from the imperfect tariff by which the value of merchandise is ascer 32,000 tained, but principally from the smuggling, which 100.000 is openly countenanced by most of the revenue 209,000 officers. 80,000 100,000 2,158,000

Manufacturers.

There are but few domestic manufactures. The Acadians manufacture a little cotton into quilts and cottonades; and in the remote parts of the Province the poorer planters spin and weave some negro cloths of cotton and wool mixed. There is one machine for spinning cotton in the parish of Iberville, and another in the Opelousas, but they do little or nothing. In the city, besides the

According to official returns in the Treasury of the United States, there were imported into our territory from Louisiana and Florida merchandise to the following amounts, in the several years pre-trades which are absolutely necessary, there is a

According to the same authority, (which makes the total of the exports to amount to two millions one hundred and fifty-eight thousand dollars,) the imports in merchandise, plantation utensils, slaves, &c., two and a half millions-the difference being made up by the money introduced by the Government to pay the expenses of governing and protecting the colony.

According to the returns in the Treasury of the United States, exports have been made to Louisiana and Florida to the following amount, in the years prefixed:

In 1799, foreign articles, to the value of
In 1799, domestic articles, to the value of

considerable manufacture of cordage, and some small ones of shot and hair powder. There are likewise in, and within a few leagues of the town, twelve distilleries for making taffia, which are said to distil annually a very considerable quantity; and one sugar-refinery, said to make about two hundred thousand pounds of loaf sugar. Navigation employed in the trade of the Province. In the year 1802, there entered the Mississippi two hundred and sixty-eight vessels of all descripsels, and the remainder merchantmen, as follows: tions, eighteen of which were public armed vesican, 17 Spanish, 1 French; polacres, 4 Spanish; Ships, 48 American, 14 Spanish; brigs, 63 Amerschooners, 50 American, 61 Spanish; sloops. 9 American, 1 Spanish. Total, 170 American, 97 Spanish, 1 French.

Of the number of American vessels, twentythree ships, twenty-five brigs, nineteen schooners. and five sloops, came in ballast; the remainder - $3,504,092 were wholly or in part laden. Five Spanish ships and seven schooners came in ballast. The united $1,795,127 tonnage of all the shipping that entered the rivet 240,662 exclusive of the public armed vessels, was thirtythree thousand seven hundred and twenty-five -$2,035,789 register tons.

In the same year there sailed from the Missis

Digest of the Laws of Louisiana.

sippi two hundred and sixty-five sail, viz: Ships, 40* American, 8,972 tons; 18 Spanish, 3,714 tons. Brigs, 58 American, 7,546 tons; 22* Spanish, 1,944 tons. Schooners, 52 American, 4,346 tons; 58 Spanish, 3,747 tons. Sloops, 8 American, 519 tons; 3 Spanish, 108 tons. Polacres, 3* Spanish, 240 tons.-Total, 158 American, 21,383 tons; 104 Spanish, 9,753 tons.

Schooners, 3 French, 105 tons.

Total American 158, tons 21,383; total Spanish 104, tons 9,753; total French 3, tons 105. Grand total 265 sail, 31,241 tons.

The tonnage of the vessels which went away in ballast, and that of the public armed ships, are not included in the foregoing account; these latter carried away masts, yards, spars, pitch, tar, &c., at least one thousand tons.

In the first six months of the present year, there entered the Mississippi one hundred and seventythree sail, of all nations-four of which are public armed vessels, viz: two French and two Spanish, whose tonnage is not enumerated-as follows: Ships, 23 American, 5,396 tons; 14 Spanish, 3,080 tons; 5 French, 1,002 tons. Brigs, 44 American, 5,701 tons; 20 Spanish, 2,173 tons; 8 French, 878 tons. Polacres, 3 Spanish, 480 tons; 2 French, 436 tons. Schooners, 22 American, 1,899 tons; 18 Spanish, 1,187 tons; 7 French, 488 tons. Sloops, 4 American, 278 tons; 3 Spanish, 167 tons.-Total, 93 American, 13 264 tons; 58 Spanish, 7,087 tons; 22 French, 2,804 tons.

DIGEST OF THE LAWS OF LOUISIANA.

[Communicated to Congress, Nov. 29, 1803.]

To the Senate and House of

Representatives of the United States:

I now communicate an appendix to the information heretofore given on the subject of Louisiana. You will be sensible, from the face of these papers, as well as of those to which they are a sequel, that they are not and could not be official, but are furnished by different individuals as the result of the best inquiries they had been able to make, and now given, as received from them; only digested under heads to prevent repetitions.

Nov. 29 1803.

TH. JEFFERSON.

APPENDIX No. 1.

Don Alexander O'Reilly, Commander of Benfayou, of the Order of Alcantara, Lieutenant General of the Armies of His Majesty, Inspector General of Infantry, and, by commission, Governor and Captain-General of the Province of Louisiana.

The process which has been had in consequence of the insurrection which has taken place in this colony, having fully demonstrated the part and influence which the council have taken in those proceedings, countenancing, contrary to duty, the most criminal actions, when their whole care Total of American ships 93, tons 13,264; total should have been directed to maintaining the peoof Spanish ships 58, tons 7,087; total of Frenchple in the fidelity and subordination which are ships 22, tons 2,804. Grand total, 173 ships, 23,155

tons.

In the same six months there sailed from the Mississippi one hundred and fifty-six vessels, viz: Ships, 21 American, 18 Spanish, 2 French; brigs, 28 American, 31 Spanish, 1 French; polacres, 4 Spanish; schooners, 17 American, 26 Spanish, 5 French; sloops, 2 American, 1 Spanish. Total, 68 American, 80 Spanish, 8 French.

Coasting Trade.

due to their Sovereign; for these reasons, and with a view to prevent hereafter evils of such magnitude, it is indispensable to abolish the said council, and to establish in their stead that form of political government and administration of justice prescribed by our wise laws, and by which all the states of His Majesty in America have been maintained in the most perfect tranquillity, content, and 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 There is a considerable coasting trade from Pen-patent issued at Aranjuez, the 16th April, of the sacola, Mobile, and the creeks and rivers falling present year, to establish in the military police, into, and in the neighborhood of, Lake Pontchar- and in the administration of justice and of his fintrain, from whence New Orleans is principally ances that form of government, dependence, and supplied with ship-timber, charcoal, lime, pitch, subordination, which should accord with the good and tar, and partly with cattle; and the places of his service and the happiness of his subjects in before named are supplied with articles of foreign this colony: We establish, in his royal name, a growth and produce in the same way from Orleans. city council or cabildo, for the administration of The vessels employed are sloops and schooners justice and preservation of order in this city, with some of which are but half-decked-from eight to the number of six perpetual regidors, conformably fifty tons; five hundred of which, (including their to the second statute, title 10, book 5, of the Rerepeated voyages,) and thirteen galleys and gun- copilation des Indes; among whom shall be disboats, entered the bayou St. Jean last year. There tributed the offices of alferes royal, alcaid mayor is likewise a small coasting trade between the At-provincial, alguazil mayor, depositary general, and takapas and Opelousas, and New Orleans, by way of the Balize, which would much increase if there was any encouragement given by Government to clear away a few obstructions, chiefly caused by fallen timber, in the small rivers and creeks leading to them.

* One in ballast.

receiver of penas de camara, or fines for the use of the royal treasury; these shall elect, on the first day of every year, two judges, who shall be styled alcaids ordinary, a syndic procureur general, and a manager of the rents and taxes of the city; such as the laws have established for good government and faithful administration of justice. And as the want of advocates in this country, and the little

Digest of the Laws of Louisiana.

knowledge which his new subjects possess of the Spanish laws might render a strict observance of them difficult, 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 regulation drawn from the said statutes, which may serve for instruction and elementary formulary in the administration of justice and economical government of this city, until a more gene- 5. The alcaids, and the other elective officers ral knowledge of the Spanish language may ena- of the cabildo, cannot be continued in their emble every one, by the perusal of the aforesaid stat-ployments but when all the members without er utes, 'to extend his information to every point thereof. In consequence thereof, and with the reserve of His Majesty's good pleasure, we order and command the justices, cabildo, and their officers, to conform punctually to what is required by the following articles:

3. The regidors shall have an active voice in 12. In case of the death or absence of one of the elections, as well as the alcaids of the preced- the alcaids ordinary, the alferes royal shall exercise ing year, who shall remain in the cabildo until the duties of that office during the time that may the election of their successors shall be confirmed, be wanting to complete the year of him who may and they shall have been received. The alcaid, be deceased or absent: and, if two alcaids should however, who, in the absence of the Governor, be wanting at the same time, the other place shail shall exercise the functions of President, shall not fall of right to the senior regidor, provided he does have an active voice; and so soon as the elections not hold in the cabildo any office incompatibi shall have been determined, the secretary of the with that employment, as specified in the present cabildo shall give information thereof to the Gov-regulation, under the heads of those several of ernor, who alone may decide on the validity of the opposition made by any member to the persons elected to the municipal offices, and confirm the alcaids and other officers.

Digest of the Laws of Louisiana.

first place; the alcaid mayor provincial the next; the alguazil mayor, and the other regidors according to their rank and their seniority.

14. Each regidor, according to his rank, and by turns, shall be charged with the maintenance of the municipal ordinances, and the other dispositions of government for the public good. He shall attend to the prices of provisions, exacting the fines, and putting in force the penalties incurred by the delinquents.

15. Whenever there shall be the question of augmenting the price of meat, with which this city is abundantly and constantly supplied, the cabildo, at a public bidding, shall adjudge the contract to him who shall oblige himself to furnish it on the best terms and for the greatest advantage of the public.

should have for their objects in the election of alcaids ordinary and the other officers the service of God, the King, and the republic; and, to prevent an abuse of that great trust, their choice should be directed to those persons who shall appear most suitable for those offices, by the proofs they may possess of their affection for the King, their disinterestedness, and their zeal for the public welfare.

21. The cabildo is hereby informed that it should exact from the Governors, previous to their taking possession, a good and sufficient surety and a full assurance that they will submit to the necessary inquiries and examinations during 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 responsible for the consequences which may result from an omission or neglect of exacting these securities from the Governor.

16. The cabildo shall have cognizance of appeals from sentences pronounced either by the Governor, or by the alcaids ordinary where the sum does not exceed 90,000 maravedis; which must be 22. The offices of regidor and scrivener of the understood as extending only to causes wholly cabildo may be sold; those officers shall also be civil, for in criminal cases the appeal must be allowed to assign them in the manner prescribed made to the superior tribunal, which His Majes- by the laws of this kingdom. In acknowledgment ty will have the goodness to appoint, in conse-of this favor, and in consideration of the value that quence of my representations to him on that sub- these offices will acquire by the facility of assignJect. ing them, 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 deductions in Spain;) which custom shall also be paid by the alcaids ordinary who may be yearly elected to those offices.

17. To legalize similar appeals, the cabildo shall name two regidors, who, in quality of commissioners, and after having taken the oath, shall decide on the justice or injustice of the sentence from which an appeal is made, conjointly with the judge who may have pronounced the same. This nomination shall be made so soon as the cabildo shall be required thereto by the appellant; the form of which, and of the institution of the said appeal, will be detailed in their places.

18. In the first ordinary assembly which may be held after that for the elections of each year, the cabildo shall name two regidors to receive the accounts of the mayordome de proprios of the preceding year, of the sums which he may have received for account of the city, and of the expenditures by order of the cabildo for the objects to which those sums are destined. They shall have those accounts rendered with the greatest exactitude, and shall oblige the said mayordome to deliver up immediately to his successor the residue of the said account; the said regidors being responsible for the total thereof when the said accounts shall be settled by one of the principal officers of finance.

23. To render these assignments valid, the assigner should survive the same the term of twenty days, computing from the date thereof; and the assignee 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 assigner shall have survived the same. Should neither of those precautions be taken, the assigner shall forfeit the said office, which shall be deemed vacant to the profit of the King's demesne; and neither he nor his heirs may lay claim to any portion of the price at which the same may be sold.

24. The said assignments shall not be valid, unless made in favor of persons known to be ca19. Although the application and expenditures pable, of the age of twenty-six years, and possessof the proprios for the objects to which they are ing the capacity and talents necessary to the comdestined belongs to the cabildo, it cannot, even in mon good of the republic, and worthy of the extraordinary cases, dispose of more than 3,000 cabildo, on account of the injury which would remaravedis thereof; and when a greater expendi-sult therefrom should those officers be deficient in ture may be necessary, the consent of the Governor must be previously obtained, without which the said cabildo cannot assign either salary or allowance upon any occasion whatsoever.

20. The electors in the two jurisdictions being responsible for the injury and detriment which the public may sustain by the bad conduct and incapacity of the elected for the administration of justice and the management of the public interests,

these qualifications. The said assignments shall be carefully executed and preserved by a public notary of the place at which they may be made.

SECTION II. Of the Alcaids Ordinary.

1. The alcaids ordinary shall have cognizance of all matters in dispute, either civil or criminal, between inhabitants residing within their jurisdiction, which shall extend throughout the city

Digest of the Laws of Louisiana.

and the dependencies thereof, excepting those which may come within the cognizance of the ecclesiastical, military, or other special court.

2. The alcaids ordinary cannot interfere in the affairs of Government, which come exclusively within the jurisdiction and competency of the Governor.

3. In all matters on which the cabildo may deliberate, the alcaids ordinary, who may assist thereat, shall, during their year of office, have an equal vote with the regidors.

the aforesaid cause, he shall forfeit his claim to the same, which shall be immediately vested in the other.

10. If one of the parties pleading shall except against the alcaid who may have already taken cognizance of a cause, he may not continue the same but in conjunction with the other; and, if this last should also be excepted against, he shall associate himself with a regidor, who shall take an oath to do his duty impartially, and to terminate the cause according to law, and speedily as possible. Whatever may be done by the alcaid alone, after he may have been excepted against, shall be void and of non-effect. The oath taken by the party to the written act of exception, that he is mistrustful of the alcaid, shall be sufficient to render the same valid; but, if the party shall pur

4. The alcaids shall appear in public with decency and modesty, bearing the wand of royal justice, a badge provided by law to distinguish the judges. When administering justice they shall hear mildly those who may present themselves, and shall fix the hour and place of audience, which should be at 10 o'clock in the morn-pose to exclude him entirely from the hearing of ing, at the city hotel; and for the decision of verbal causes, in the evening between 7 and 8 o'clock, at their dwellings, and in none other.

5. One of the principal objects of justice being to prevent, effectually, those disorders which take place during the night, one of the alcaids, assisted by his alguazils and the scrivener, should go the rounds of the city; and, in case a greater force should be necessary, they may not only demand it from those persons who may be present, but also from the corps-de-garde nearest thereto.

6. It is also the duty of the alcaids ordinary to keep a watchful eye upon fornication, and to punish the same, and all other public offences, conformably to the laws; of which a sufficient detail will be given herein.

7. The alcaids may hear and decide verbally in civil causes, when the demand shall not exceed twenty piasters, as also in criminal causes of little importance. They may also hear and decide verbally those which may exceed that sum, in case the parties interested shall consent thereto. 8. Causes legaily brought before one of the judges, shall be continued and determined in his tribunal, and neither the Governor nor any other shall deprive him of the cognizance thereof. The Governor, however, being required thereto by the parties, may, by an order in writing, and suitable to the case, require and summon the alcaid to render speedy justice, conformably to law.

the cause, besides the aforesaid oath, he shall make known and substantiate the ground on which he relies for the support of his pretensions. If the judge should be related, even in the fourth degree, to the adverse party, or in such habits of friendship with him as to excite a suspicion of partiality, or prepossessed against the exceptor, in all these cases he shall be excluded from the hearing of the cause in controversy, which shall be committed to the other alcaid.

11. Two referees appointed, one by the alcaid, and the other by the exceptor, after being sworn to execute their office impartially, shall determine whether the case be of the nature before mentioned; and, if of the said nature, they shall exact the entire exclusion of the alcaid therefrom; and, if a difference should arise between the referees, a third, named by the judge, shall decide therein; which decision shall be indispensably binding.

12. The diversity of cases not permitting a spe cial detail of the forms of proceeding therein, the alcaids shall be guided by the formulary hereunto annexed; and shall consult with the counsellor, to be appointed for that purpose, upon all doubl ful cases which may occur in their practice, or which may not be provided for by the said formulary; and shall approach, as nearly as possible, to the spirit of our laws for the administration of justice.

13. The alcaids ordinary, accompanied by the 9. In cases of controversy, with respect to juris- alguazil mayor, and the scrivener, shall, every diction, between the Governor and one of the al- Friday, make the visitation of the prison. They caids, or between these last, where one of them may shall examine the prisoners, the causes of their claim the cognizance of a cause instituted with detention, and the time of their imprisonment. the other, either by reason of the said cause hav- They shall release the poor who may be detained ing been also instituted in his tribunal, or his sup- for their expenses, or for small debts; and the posing the same exclusively within his jurisdic-jailer shall not exact from them any releasement tion, they shall draw up a procès-verbal of the said fee. The alcaids may not set at liberty any of controversy, in which they shall set forth their the prisoners detained by order of the Governor, pretensions in a grave and judiciary style. The or of any other judge, without their express concase shall remain in suspense until the decision of the superior, whom they shall be bound to consult, and to whom they shall deliver an exact copy of the proceeding, unless one of the judges may give way to the claim of the other, and thereby put an end to the said controversy. If, however, in the interval of the decision, one of the judges should proceed in, or take the least cognizance of,

sent.

14. They may not release those who are inprisoned for debts due to the domain; nor for fines imposed by law, unless the sum due shall be previously deposited.

15. The Governor, with the alcaids, the alguazil mayor and the scrivener, shall, yearly, on the eves of Christmas, Easter, and Pentecost, make a