LOUISIANA.

The Mississippi river was first seen by Europeans, in 1542, when Hernando De Soto, at the head of a Spanish force, penetrating the country northwestward from Florida, in search of treasure, crossed the river, and continued his progress to some distance beyond. The enterprising leader of this expedition sickened, died, and was buried in its waters, and the shattered remnant that found its way back brought no alluring reports of golden regions to attract other adventurers thither. In the summer of 1673, the river was again explored by a small party of Canadians, under Father Marquette, and Joliet, a trader; and, in 1682, Sieur de La Salle made his first expedition to the upper waters of the Mississippi, which he subsequently descended to its mouth. He took possession of this vast region in the name of the King of France, giving it the name of “Louisiana,” in compliment to his sovereign, Louis XIV.

Settlement was first made by the French, mainly for purposes of trade, and in the hope of finding valuable mines. On the 14th of September, 1712, the monopoly of trade and commerce in this region was granted by Louis XIV to Anthony Crozart, for the term of fifteen years, with the permanent right of possession to all mines that he might discover and work, upon the payment to the Crown of certain royalties specified in the grant, which extended to all the lands claimed by France, by virtue of discovery and occupation, from Mexico to Carolina, "and principally the port and haven of the Isle Dauphine, heretofore called Massacre; the river of St. Louis, heretofore called Mississippi, from the edge of the sea, as far as the Illinois, together with the river of St. Philip, heretofore called the Missourys, and of St. Jerome, heretofore called Ouabashe, with all the countries, territories, lakes within land, and the rivers which fall directly or indirectly into that part of the River St. Louis."

In 1717, Crozart surrendered his grant to the Crown, and, on the 6th of September of that year, the same territory was granted for a term of twenty-five years to the "Western Company," or, as it was afterward called, the “Company of the Indies," of which the celebrated speculating financier, John Law, was the principal mover. He proposed a magnificent scheme for the payment of the national debt, the increase of the government revenues, and the reduction of taxation, by the creation of a bank, and the issue of bills of credit, based upon the fancied revenues to be derived from the exclusive privileges of trado with Louisiana, and other colonial possessions. Other schemes were added, until the corporation acquired a nominal jurisdiction and power far surpassing that of any ever before acquired by the boldest speculators. The "Mississippi Scheme," after a short run of popularity, soon collapsed, and brought ruin upon all who had invested real wealth in its worthless stocks. It gave, however, an impulse to the growth of Louisiana while the delusion lasted.

The "Western Company" surrendered its grant to the Crown in 1730, and the colony of Louisiana remained a Royal province, without further change of jurisdiction, until November 3, 1762, when it was ceded by France to Spain, by a secret convention at Fontainebleau, which was not, however, publicly known until 1764. The jurisdiction of Louisiana up to this time had been regarded as extending eastward to the Perdido river, and French settlements had, for a long period, been maintained at Mobile and on Dauphine island, at the entrance of Mobile bay,

By this convention, Spain acquired all the region hitherto claimed by France west of the Mississippi river, and the island upon which the city of New Orleans is built upon the east. The remainder of the French territory in this region, east of the Mississippi river, was ceded in 1763 to Great Britain, and a portion of the present State of Louisiana was included in the British Province of West Florida.

In 1765, the Spanish authority was asserted in Louisiana, although formal possession was not given until August 18, 1769, the country in the mean time continuing practically under the laws and regulations that had been previously established. The Floridas were retroceded to Spain by Great Britain in 1783, and, by the treaty of peace between the United States and Great Britain in 1782-3, the southern boundary of the United States in this region was fixed at the 31st degree of north latitude eastward from the Mississippi to the Chattahooche river.

By a secret treaty held at St. Ildefonso, October 1, 1800, between Spain and the French Republic, the former agreed, as an incidental condition to a bargain for an increase of the territories of the Duchy of Parma, to enable the infant Duke of Parma, grandson to Ferdinand VII, to bear the title of King, to re-cede the province of Louisiana to France, within six months after the latter had complied with their Italian engagement. The colony thus conveyed was to have the same extent as while in the previous possession of France, and such as it ought to have under treaties subsequently concluded between Spain and other States. This cession remained a secret until negotiations were commenced in 1801, for a purchase by the United States.

The occupation of the mouth of the Mississippi river by a foreign power, began to be felt as a serious inconvenience by the citizens of the United States living upon that river and its tributaries, although the right of free navigation of the Mississippi, and the privilege of deposit at New Orleans, or at some other convenient place on the river, and of exportation free of duty, were guaranteed by treaties. But in 1802, the Spanish Governor of Louisiana closed the port of New Orleans against the United States, which caused intense excitement along the western border of the United States, and active discussions in Congress, upon this violation of the pledges given by a solemn treaty. Propositions were made for the seizure of the port of New Orleans by force, but milder measures were found, to secure a final and satisfactory settlement of the pending difficulties. The prospect of a new European war, and the possibility of losing his Louisiana possessions altogether, may have influenced Napoleon in deciding to enter upon a negotiation for the sale of the whole of that Province to the United States. It was at first the intention of the American Ministers only to purchase the Island of Orleans, with so much of the Floridas as could be obtained. The negotiation finally ended with the purchase of the whole of the Province, so far as the claims of France extended, on both sides of the river.

By a treaty with France, concluded at Paris on the 30th of April, 1803, the United States acquired the title of the territories formerly known as Louisiana, upon the payment of $15,000,000, viz., $11,250,000 in money, and the obligation to pay certain claims of citizens of the United States against France, on account of supplies furnished, embargoes, and prizes made at sea, to an extent not exceeding $3,750,000 more. Although ceded to France by Spain three years before, the latter continued to hold possession until within a few days before its final transfer to the United States, when citizen Lausat, an agent on behalf of France, appeared, and on the 20th of December, 1803, delivered the Province and its dependencies to General Wilkinson, the agent appointed to receive it on the part of the United States.

The President had been authorized, by an act passed on the 31st of October, 1803, to take possession of Louisiana, and hold it until organized by the action of Congress; and on the 10th of November of that year, an act was passed, creating stock to the amount of $11,250,000, for the purpose of carrying the agreement with France into effect, by making provision for the payments then undertaken. On the same day an act was passed for the settlement of claims against the Government of France, which had been assumed by the United States, to the extent of $3,750,000, making the total purchase-money $15,000,000.

All treaties with Indian tribes were to be observed until modified by their consent; private rights remained unchanged; and it was stipulated that the inhabitants of the ceded territory should be incorporated into the Union of the United States, and be admitted as soon as possible, according to the principles of the Federal Constitution, to the full enjoyment of all the rights, advantages and immunities of citizens of the United States.

On the 26th of March, 1804, the Louisiana purchase was divided into two territories. The portion south of 33° north latitude, from the Mississippi river westward as far as the Sabine river; and, on the east of the Mississippi, all of the recent purchase south of the Territory of Mississippi as it then existed, was formed into the Territory of Orleans.

Under the French Government, the inhabitants of Louisiana had enjoyed but little political power, and under that of Spain still less. In the establishment of a Territorial Government, the important offices - the Governor, Secretary, and Legislative Council - were appointed by the President. The Spanish Code in force at the time of the transfer was continued, so far as not repugrant to the Constitution and laws of the United States, until it should be altered by law; the Territorial act established a District Federal Court, and a Superior Territorial Court, to consist of three Judges, the inferior tribunals being left to the local government.

Trial by jury was to be enjoyed in all capital cases, and in such other cases, civil and criminal, as it might be demanded by either party. The writ of habeas corpus was secured, and the right of giving bail, except in capital cases where the presumption of guilt was strong. The Governor's term was limited to three years, and the Legislative Council to one.

On the 2d of March, 1805, the Territory of Orleans was fully organized, as a Territory of the first class, in all respects like Mississippi Territory, and with permission for the organization of a State Government whenever the population should amount to 60,000.

The portion of the Louisiana purchase north of Orleans Territory, was at first attached to Indiana Territory; but, on the 3d of March, a separate Territorial Government, of the second class, was formed. No part of this Territory was included within the present State of Louisiana.

The inhabitants of Orleans Territory were authorized, by an act of Congress, approved February 20, 1811, to form a Constitution and State Government. To this end, the Territorial Legislature was to provide for an election of delegates to a Convention which was authorized to meet at New Orleans, on the 1st Monday of November of that year, and, having first voted upon the expediency of forming a Constitution or not, were to proceed (if the vote was favorable) to declare, in behalf of the people of the Territory, that it adopted the Constitution of the United States. Whereupon it might proceed to frame a State Constitution upon principles consistent with the National Constitution. It was also required to contain the fundamental principles of civil and religious liberty, and secure to the citizens the trial by jury in criminal cases, and the privilege of the writ of habeas corpus. All laws, records, and judicial and legislative proceedings

were to be preserved in the English language. All unappropriated lands were to remain the property of the United States, and, while they so continued, they were not to be taxed; and the right of navigation of the Mississippi river was to remain forever free, as a common highway of the citizens of the United States, without any tax, duty, impost or toll therefor.

A Convention, called under these conditions, met at the appointed time and place, and on the 22d of January, agreed upon a Constitution, and on the 28th upon an Ordinance consenting to the terms imposed by Congress relating to the public lands. The Constitution having been submitted to the people and approved, the State was admitted into the Union by an act passed April 8, 1812, which took effect upon the 30th of that month.

In the discussions which arose in Congress, upon the erection of Orleans Torritory as a State, it was noticed that the Constitution of the United States had not provided for the admission of States formed out of acquired territory, and a member from Massachusetts, who opposed the measure, expressed his delibera'e opinion, that such a disregard of the fundamental law would be a virtual dissolution of the Union; releasing the States that composed it from obligation of adhesion to each other, and making it the right of all, as it would be the duty of some, to prepare for a definite separation — amicably if they might, forcibly if they must. The right of secession was thus announced in Congress fifty years before the experiment was actually attempted. It shocked the patriotism of southern members, and was ruled out of order, but was further explained as having been uttered "not for agitation, but as a warning; not from hostility to the Union, but from an earnest desire to preserve it."

By the enabling and admitting acts of Congress, and the Preamble of the Constitution itself, the boundaries of the State east of the Mississippi, included only that part south of the Iberville and Amite rivers, and the lakes Maurepas and Ponchartrain. These limits were enlarged to include all south of 31° north latitude, and west of the Pearl river, by an Act of Congress passed April 14, 1812, and accepted by the State of Louisiana.

The first Constitution of this State was, in arrangement, phraseology and provisions, much like that of Kentucky of 1799, which appears to have been used as the model.

The legislative power was vested in a Senate and House of Representatives, who held an annual sessson at the seat of Government. Senators were chosen for four years, one-half bienially, and Representatives for two years. Their districts were to be equalized in 1813, and once in four years afterward by a census of electors. The Governor held for four years, and, with the advice and consent of the Senate, appointed Judges, Sheriffs, and all other officers not otherwise provided for. The judicial power was vested in a Supreme Court, holding sessions in districts, and at the seat of Government, and in such inferior courts as might be established by law. The Judges of the Supreme Court held their offices during good behavior, but might be removed on the address of three-fourths of each House of the General Assembly, an opportunity for a hearing and defense being first allowed.

The only mode of revision of the Constitution provided was by Convention, and the question of calling a Convention, was left to the decision of the people at two annual elections. The proposed amendments were also to be enumerated in the acts submitting the question to the people as to whether a Convention was to be called. Laws were accordingly passed, January 30, 1841, and February 25, 1842, for ascertaining whether a Convention was desired; an election was ordered by an act approved January 26, 1843, and a Convention assembled at Jackson, August 5, 1844. It adjourned August 24, 1844, to New Orleans, where