ishment of others than Mexican citizens, as pirates, when engaged against us in privateering.

In order to divest the title in captured vessels and their cargoes, when captured by privateers, it is necessary to bring them into port and condemn them by a judicial tribunal of the captors and a record must be made of the condemnation-without such papers the title of the original owners is not changed. This is the received law of Europe-and a part of the law of nations. The court of an ally cannot make such condemnation.

When private armed vessels, without a commission to cruise, capture the vessels of enemies, the act is legal; but the condemnation of the property enures to the benefit of the Sovereign.*

Art. VII-ANALYTICAL INDEX OF THE PUBLIC DOCUMENTS RELATIVE TO LOUISIANA, DEPOSITED IN THE ARCHIVES OF THE DEPARTMENT "DE LA MARINE ET DES COLONIES ET PARIS"-Continued.

We have already given a full analysis of these papers, except what are to be found in the 5th and 6th Portfolios. In reference to these, want of space will compel us to rest content with an abstract of their most important and interesting contents. We may return to the subject hereafter :

1794. Paris. Letter from the American citizen Mountflorence to the "Comité de Salut Public," handing extracts from a Boston paper, announcing that there was a revolution preparing in Louisiana to shake off the Spanish yoke and to follow the impulsion given by North America.

1788. Document whereby it would appear that M. de Villars, commissioner of Louisiana for the King, had addressed him to the fol

* Privateering constitutes a separate chapter in the laws of nations. Every nation has resorted to this method of destroying the commerce of the enemy, without questioning for a moment their right of doing so. Many have affected to consider it, after all, but legalized piracy, and calculated to blunt the finer feelings of justice and sear the heart to all noble sentiments. We are at a loss ourselves to understand how the occupation of a mere privateer can be reconciled with any of the higher feelings of our nature, an occupation whose whole end and purpose is pillage upon the high seas and pecuniary gain out of the fiercest bloodshed. The love of country, patriotic self-devotion and ardor, have no place in such concerns; and it is common enough to find foreigners under the flag of a belligerent power, preying upon the commerce of nations with whom their own is at peace. Cases such as these, it was said, would be treated as piracy, by the present administration at Washington, in the case of hostilities breaking out with Mexico; but though such a course would be consonant with the principles of humanity, it would not be sanctioned, we think, by the rules of nations as now understood. It cannot be doubted, that men estimable in other respects, have been found in the pursuit of privateering; but exceptions of this kind are rare, and could not, we think, occur again, in the improved moral sense of mankind. Like the good Sir Matthew Hale sitting in condemnation of witchcraft, and sentencing those guilty of it to the flames, their excuse can only be found in the peculiar circumstances of their times. Privateering was introduced into England about the time of Elizabeth, and caused great destruction to the fleets of the Spanish nation, with whom she was at war. Sir Francis Drake's privateering would in our times be counted piracy. The transition from the privateer to the pirate is but a step. In the early history of South Carolina, its coasts were infested by this last class of men, who were beaten and captured by Rhett. History tells us that these desperadoes commenced their career as privateers, and that, grown wanton from success, they could not find it in their heart again to return to private and honest life on the return of peace. We know not how many other such examples there are.-EDITOR COM. REV.

lowing effect under date of 27th March, 1788. "That General Wilkinson, one of the largest proprietors in the new State of Kentucky, had come down to Louisiana, giving to understand to the administrators of the colony, that the adjoining United States had come to the determination of forcing a passage through the Mississippi, the navigation of which to remain hereafter open to both countries, but that he had obtained of them to suspend their movements until his return."

On the other hand, Messrs. Vincent and Marbois observe that the people are in great error, if they think that Congress can entertain such ideas, that the population of the western country can only increase at the expense of the thirteen Eastern States, these States possessing really only a border country of about one hundred leagues on the ocean.

1750. Discovery in Louisiana of a flint mine (crystal); the place made a secret.

1768. Letter of Governor Aubry, giving an account of his government jointly with Governor Ulloa, who for want of troops cannot take possession of the country.

Letter from Governor Aubry to the government respecting the Louisiana rebellion; he states that he cannot express himself freely; that he can trust no one, not even his secretary, lest he should be treated in the same manner as Ulloa.

1734. Plan of a large portion of the city of New Orleans (signed Brautin), including Toulouse, St. Peter, St. Anne, Dumaine, Levee and Condé streets. On this plan are indicated the following buildings to be undertaken during 1734, to wit: Barracks, fronting the river between St. Anne and Dumaine; Government house fronting the Levee, between St. Peter and Toulouse; Custom house (Intendance), also fronting the Levee between Dumaine and St. Anne.

1731. Ursuline Convent, founded in 1727; memorial of Father d'Avangeon on the advantages of that institution; the object is represented to have been the education of young girls, the nursing of the sick as "hospitalièrs; the service of the military hospital; prays for aid in order to increase the number of sisters originally 6 to 12, and the confirmation in "franc alleu" of the lands granted in New Orleans, and that they be permitted to enjoy the privileges belonging to their order in France.

1764. Instructions to M. d'Abbadie respecting the Jesuits, which instructions are stated to have been carried into effect, the company having been dissolved, and their estates having been sold previous to the receipt of the letters patent of the king bearing date the 3d June, 1763.

1741. M. de Bienville, interesting account relative to the Indians. 1741. Report of M. Duvergé, concerning different operations entrusted to him for the improvement of the colony; presents a plan for an establishment at Ship Island, at Alibamons, and on the Wabash; also, but on a smaller scale, at Biloxi and in Illinois; recommends the clearing of the Manchac of trees impeding the navigation of that rivulet; proposes a road from Biloxi to Illinois by land; submits a plan for the raising of silk-worms; speaks of a military post

on the St. Bernard, &c., &c. This report embraces a complete organization for the government of Louisiana, and is highly interesting, presenting large views on the commerce and agriculture of the country, and was approved by the directors of the West India Company Paris on the 15th September, 1720.

1733. M. de Bienville, relative to the Indians; interesting details respecting the Natchez, the Chicachas, &c.; original letters from persons inhabiting among those nations and the Illinois, the Alibamons, the Natchitoches, the Talapenches, the Chitimachas, the Atakapas, and the Loupelousas.

1734. M. de Bienville on the Chicachas, Natchez, and Chactas ; interesting details; a few speeches by the Indian chiefs.

1734. M. de Bienville on the Indians.

1733. The same on the same subject.

1716. Memorial on the importance of colonizing Louisiana; an armed colonization is recommended, instead of soldiers, as being less costly, and more useful.

1750. Extract of a letter from Mr. Durand to the Marquis of Puyzenet, dated London, speaking of the Quakers and of the Moravians in the highest terms; recommends them for the colonization of Louisiana, and adds, "It appears that Admiral Anson was intrusted with a project, which not having received its execution cannot now be fully ascertained. A plan found in the papers of King William the 3d, shows however, that that prince had conceived the idea of taking possession of the Isthmus of Darien, and by the means of the river running nearly through from one sea to the other, to open communications between the fleets in the Atlantic and South Seas, granting, at the same time, commissions to all privateers, for the purpose of annoying the French and Spanish commerce, and of gradually keeping the latter power in the dependence of England."

1740, 28th June. Memorial of M. Duvergé relating to the discorery of the road from New Orleans to the upper country, through the Chicachas; the whole is very interesting, and contains about one hundred pages.

1723. Interesting documents, containing the speeches of several of the leading Indian warriors, asking the pardon of a soldier cɔndemned to death.

1719. Histories of a journey in the interior of Louisiana, by Bernard de la Harpe, containing a memorial for assistance.

1766. Letter from Mr. Aubry explaining the reasons which have induced Governor Ulloa to delay taking possession of Louisiana.

1767. Letter from the Duke of Choisseul to Mr. Aubry approving the continuation of his government for the king of Spain, the latter paying all expenses.

No date. Memorial on Louisiana, disapproving the emission of paper money by the administrators of the colony; demoralization which must flow from such emissions.

1767. Pamphlet containing extracts on the following subjects: No. 1. America civilized.

No. 2 to 7. Prophecy on America; the manufactures of North America destined to destroy the supremacy of Great Britain.

1668. Letter from Mr. Aubry explaining the extreme difficulty of his position, compelled as he was, being a French Governor, to govern for the king of Spain; Governor Ulloa with only ninety soldiers not deeming it prudent to receive possession of the colony.

1767. Agreement between Aubry and Ulloa, by which the former consents to defer the delivery of Louisiana to the latter, both in the mean time governing the colony.

1767. Mr. Aubry expressing his desire for the arrival of Spanish troops in order to give up the government of Louisiana; states his joint action with Ulloa in all necessary measures; complains of Ulloa's quick temper, &c., &c.

1766. Instructions to Mr. Aubry for the cession of Louisiana.

1765. Letter from Aubry to Governor Johnson of Mobile; explaining his difficult position regarding the Indians; promises his best efforts to maintain peace.

1777. Letter from Messrs. d'Aunoy and Villars to the French government, announcing the seizure by Governor Galvez of 11 English ships richly laden and moored opposite to some of the plantations, and his defence to the planters under heavy penalties to carry on any traffic with the English.

8th Thermidor. Refutation by General Milford Tartargny of an article in the Gazette de France, recommending the cession of Louisiana to the United States Louisiana, being there represented as a narrow strip of moving sands, marshes, and bogs, etc.

1759. Extract from the registers of the "conseil supérieur," containing transcript of a letter dated Port au Prince, 9th February, 1769, and signed St. Leger, in the name of the "conseil souverain of that place, approving the rebels in driving out of the country Governor Ulloa, and of another letter from the Doyen of the council of Port au Prince couched in nearly the same words.

No date. Soundings of the coast of Florida, the Tortugas, of St. Rose Island, of Pensacola and of Mobile, by M. de Iberville from 1698 to 1699; at the Balize in 1733, to 1736 and 1737; Passe à la Leutre, 15 feet; soundings of Ship Island in 1698 by M. de Iberville; also of the Chandleur Islands, bay of St. Bernard in 172, etc.

No date. Memorial advising the French republic to demand the cession of Louisiana.

1759. Memorial on Louisiana; project proposed for the colonization of that province by Bertrand Duvernet, on condition of a grant of 40 leagues of land on both sides of the river from the city of New Orleans up.

1751. Observations on two circumstances considered as favorable to the improvement of Louisiana; this document is not without interest.

1752. Memorial of Mr. Dubreuil Villars relative to the agriculture of Louisiana.

1741. Memorial on tobacco.

1750. Memorial on Louisiana, and a project for the cultivation

of tobacco on a large scale.

PORTFOLIO NO. 7.

No date. Memorial containing the history of Louisiana since its discovery by La Salle in 1682. It appears that nothing was done until after the peace of Burwick. Mr. d'Iberville at that epoch was entrusted with a new expedition and was accompanied by his brother, M. de Bienville, who remained in that colony as Lieutenantgovernor until 1712, when Mr. de la Mothe Cadillac took charge of the government, having been appointed Governor in the room of Mr. Dumerry, who had died during his passage from France. Mr. Crozat on the 14th September 1712, obtained by letters patent of the king, the exclusive privilege of the commerce of the colony; this privilege Mr. Crozat gave up in 1717, and in August of the same year, the same exclusive privilege was granted by letters of patent to the West India Company, that company having been established by an edict of the king at the same time; this latter privilege was granted for 25 years, to wit: from the first of January, 1718 to the first December 1742, and included the fur trade. The whole of this document, which appears to have been written about the year 1730, is interesting.

1732.-Highly interesting letter from the "missionaire," Mr. R. P. Baudoin, on the Tchactas nation, dated from their village of Tchicachee.

1740.-Memorial of Mr. Dubreuil on the subject of a canal undertaken by him one league above New Orleans, and of the great advantages that may be derived from the whole of the Barrataria district. No date.-Memorial on the Indians of Louisiana; their number and the commerce that can be carried on with them.

No date. Memorial containing a description of Louisiana, of its ports, of its soil, of its rivers, of the Indian nations, and pointing out the great advantages to be derived by colonization. This paper is evidently of a very ancient date.

No date.-Memorial to induce France to retain Louisiana; speaks of the several climates and of the facility with which it might be made to supply France with silk, tobacco, cotton, &c.

No date. Memorial pointing out the necessity of fixing the limits between Canada and Louisiana,

1748.-Mr. Michel opposing the reunion of Canada and Louisiana. 1754.-Memorial from Messrs. Kerlerec and d'Auberville, recommending a floating battery at the Balize.

1750.-Memorial on the situation of the inhabitants of Louisiana, and of the advantages to be derived by an importation of negroes to be employed in the cultivation of tobacco.

1750.-Letter from Mr. Livaudais on the changes produced in the passes by the equinoxial gales; in the month of July this engineer states the passes to have been S. S. E. and N. N. W., and at the time he was penning his report they were E. and W.

1741.-Paper relative to the advantages the public service might derive from the timber on the Barrataria,

1764. Mr. Aubry announcing the delivery to Great Britain of the portion of Louisiana ceded, and mentioning the failure of an expedition to Illinois by the English.