cuniary matters the laws encourage summary proceedings. An execution may be had on a bond in four days, and in the same space on a note of hand after the party acknowledges it, or after his signature is proved. Moveable property is sold after giving nine days warning, provided it be three times publicly cried in that interval. Landed property must be likewise cried three times, with an interval of nine days between each, and it may then be sold. All property taken in execution must be appraised and sold for at least half of the appraisement. In pecuniary matters the governor decides verbally without appeal, when the sum does not exceed one hundred dollars. The Alcaldes have the same privilege when the amount is not above twenty dollars. In addition to these courts, four years ago, there were established four Alcaldes de Barrio, or petty magistrates, one for each of the four quarters of the city, with a view to improve its police. They hear and decide all demands not exceeding ten dollars, exercise the power of committing to prison, and in case of robbery, riot, or assassination, they can, by calling on a notary, take cogni zance of the affair; but when this is done they are bound to remit the proceedings to some of the other judges, and in all cases whatever, to give them information when they have committed any person to prison Most of the suits are on personal contracts, rights to dower, inheritances and titles to land. Those arising from personal quarrels are generally decided in a summary way. The inhabitants are said not to be litigious. Lawyers and Costs of the Court and their Officers.The number of lawyers is small, not exceeding three or four attornies. Their fees are small. Suits are carried on in writings called escritos, which may be drawn up by the parties themselves, if they please, but they must be presented by the escribano or notary, who is the keeper of the records of the court. The fees of the judges are twenty-five cents for every half signature or flourish, which is usually affixed on common occasions, fifty cents for every whole signature, and two dollars and threefourths for every attendance as at a sale or the taking of evidence. The fees of the Abogado, or person consulted by the judges on law points, are twelve and a half cents for every leaf of which the process consists, and four dollars for every point of law cited. Those of the attorney, when employed, are sixty-two and a half cents for a simple petition or escrito, but if it should be necessary to read a process in order to form his petition, and it should require much time and labour, he is compensated in proportion, besides twelve and a hatf cents per leaf for perusing the papers. For attendance on any business he is allowed one dollar and fifty cents for the assistance of two and a half hours. The notary has fifty cents for each decree or order of the judge, twenty-five cents for a notification in his office, and fifty cents for one out of it, but within the city: one dollar and seven eights for every attendance of two and a half hours on bu siness, and twenty-five cents additional for every leaf of paper written by him.-A counsellor or two have sometimes resided at New-Orleans, but, being generally found obnoxious to the officers of the government, they have not continued there. The counsellor values his own services, and, in general, exacts large sums. The attorney generally receives from the party who employs him more than is allowed by law. Crimes, Criminal Jurisprudence, and Punishments.-In cases of petty crimes, the cognizance of the proper court may be said to be final, and without appeal; and, most commonly, such causes are decided in a summary way. With respect to crimes of a deeper dye, more solemnity is used. A person skilled in the laws is always nominated by the court to defend the accused. The trial is not public; but examinations and depositions in writing are taken privately by the auditor, at any time most convenient to himself, at which nevertheless the counsel of the accused is admitted to be present. He has also every kind of privilege granted to him in making his defence. Such suits are generally very tedious and expensive, when he is wealthy. The condemned is entitled to an appeal as in civil cases, provided he gives security for the payment of the future coasts. There appears, however, to be a virtual appeal in every capital condemnation, because a stay of execution takes place until the confirmation of the sentence returns from St. Jago de Cuba, where there is a grand tribunal established consisting of five judges, before whom counsellors plead as they do in our courts.-Crimes of great atrocity are very rare. Murder, by stabbing, seems to be confined to the Spanish soldiers and. sailors. The terror of the magistrate's power restrains assaults, batteries, riots, &c. -Punishments are generally mild. They mostly consist of imprisonment and payment of costs, sometimes the stocks. White men, not military, are rarely, perhaps. never degraded by whipping and in no case do any fines go into the public trea : sury. Murder, arson, and aggravated robbery of the king's treasury or effects are punished with death. Robbery of private persons, to any amount, is never punished with death, but by restitution, imprisonment, and sometimes enormous costs. Crimes against the king's revenue, such as contraband trade, are punished with hard labour for life, or a term of years, on board the gallies, in the mines, or on the public works. LEARNING.-There are no colleges, and but one public school, which is at NewOrleans. The masters of this are paid by the king. They teach the Spanish language only. There are few private schools for children. Not more than half of the inhabitants are supposed to be able to read and write, of whom not more than two hundred perhaps are able to do it well. In general the learning of the inhabitants does. not extend beyond those two arts; though they seem to be endowed with a good natural genius, and an uncommon facility of learning whatever they undertake. THE CHURCH.-The clergy consists of a bishop, who does not reside in the province, and whose salary of four thousand dollars is charged on the revenue of certain bishopricks in Mexico and Cuba; two canons having each a salary of six hundred dollars; and twenty-five curates, five for the city of New Orleans, and twenty for as many country parishes, who receive each from three hundred and sixty to four hundred and eighty dollars a year. Those salaries, except that of the bishop, together with an allowance for sacristans and chapel expenses are paid by the treasury at NewOrleans, and amount annually to thirteen thousand dollars.-There are also at that place a convent of Ursulines, to which is attached about a thousand acres of land, rented out in three plantations. The nuns are now in number not more than ten or twelve, and are all French. There were formerly about the same number of Spanish ladies belonging to the order; but they retired to Havanna during the period when it was expected that the province would be transferred to France. The remaining nuns receive young ladies as boarders, and instruct them in reading, writing and needlework. They have always acted with great propriety, and are generally respected and beloved throughout the province. With the assistance of an annual allowance of six hundred dollars from the treasury, they always support and educate twelve female orphans. OF THE OFFICERS OF GOVERNMENT. -Those officers who are merely judicial, have been already mentioned, and therefore some of them will be altogether omit. ted in this place. The executive officers appointed by the governor, for each division of the province, and called commanders, are generally taken from the army, and the militia officer has the direction of military matters. Where there is a garrison, the commandant is sub-delegate of the intendant, and draws upon him for all expenses incurred. In that case he has the charge of all matters relating to the revenue, within his district. The duties of commandants are to superintend the police, preserve the peace of the district, examine the passports of travellers, and to suffer no strangers to settle within the limits of their command, without regular leave obtained from government. They are to prevent smuggling, to certify that all lands, petitioned for by the inhabitant are vacant before they are granted, and when required, put the owner in possession. They are, besides, notaries public, and in their offices it is necessary to register all sales of lands and slaves, and even to make the contracts for those purposes, before them. They act as sheriffs, levy executions on property, attend and certify the sale, and collect the proceeds. They also take inventories of the property of intestates. By an ordinance of Baron Carondelet, Syndics are established for every three leagues, who are subordinates to the commandant, decide small causes, and have the police of roads, levies, travellers and negroes.-The officers of the general government are the following beside his judicial powers, the governor is chief of the army and militia, and the head of the civil government. He is also president of the Cabildo, or provincial council. He appoints and removes, at pleasure, the commandants of districts. He appoints the officers of the militia, who are nevertheless commissioned by the king, and he recommends military officers for preferment. He is super-intendant of Indian affairs. He promulgates ordinances for the good government and improvement of the province; but he has no power to assess taxes upon the inhabitants without their consent. Until the year 1798, he possessed the sole power of granting lands, but it then passed into the the hands of the intendant. The Cabildo is an hereditary council of twelve, chosen originally from the most wealthy and respectable families. The governor presides over their meetings. : Their office is very honourable, but it is acquired by purchase They have a right to represent, and even to remonstrate to the governor, in respect to the interior government of the province. The police of the city is under their control and direction In it they regulate the admission of physicians and surgeons to practice. Two members of the Cabildo serve, by turns, monthly, and take upon themselves the immediate superintendance of, markets, bakers, streets, bridges, and the general police of the city. This council distributes among its members several important offices, such as alguazil, mayor, high sheriff, al alde provincal, procureur general, &c. The last mentioned is a very important charge. The person who holds it is not merely the king's attorney, but an officer peculiar to the civil law. He does not always prosecute; but, after conviction, he indicates the punishment annexed by law to the crime, and which may be, and is mitigated by the court. Like the chancellor in the English system, he is the curator and protector of orphans, &c. and finally he is the expounder of the law, the defen 1er of the privileges belonging to the town, province or colony, and the accuser of every public officer that infringes them.--The Cabildo is also vested with a species of judicial authority. The intendant is chief of the depart ments of finance and commerce, and exer cises the judicial powers already mentioned. He is entirely independent of the governor, and no public monies can be issued without his express order. The land office is under his direction. The contador, treasurer, and interventor, are officers subordinate to the intendant. The first has four clerks under him, and keeps all accounts and documents respecting the receipt and expenditure of the revenue, and is, therefore, a check upon the intendant. The treasurer is properly no more than a cashier, and is allowed one clerk. The interventor superintends all public purchases and bargains The administrator is also subordinate to the intendant, and with a number of inferior officers, manages every thing respecting the customhouse. Every clerk in these offices receives his commission from the king -The auditor is the king's counsel, who is to furnish the governor with legal advice, in all cases of judicial proceedings, whether civil or military. The assessor's functions are imilar to those of the auditor, and are properly applicable to the intendant's department. Both of the officers last entioned are also the counsellors of some of the other tribunals, as before intimated.-A secretary of the government and another of the intendancy.-A surveyor-geneneral. A harbourmaster. A store-keeper, who takes charge of all public moveable property.--An interpreter of the French and Spanish languages, and a number of other inferior officers All appointments in the province, with a salary of more than thirty dollars per month, are made by the king, and most of those with a lower salary, by the governor or intendant, as belongs to their respective departments. There are no officers chosen by the people.-The salaries and perquisites of the principal officers are as follows: 2,000 p. salary. p. perquisites. Governor, anually, 6,000 Intendant, Auditor, Contador, Assessor, Treasurer, Administrator, Sec' of Government, 4,000 none. 2,000 2,000 2,000 none. 1,200 1,200 1,300 600 1,200 none. none. 2,000 The commandants of districts receive each 100 dollars from the king, annually, unless they are possessed of a military employment or pension. TAXES AND DUTIES.-Instead of paying local taxes, each inhabitant is bound to make and repair roads, bridges, and embankments through his own land.-A duty of six per cent. is payable at the custom-house, on the transfer of shipping. It is ascertained upon the sum which the buyer and seller declare to be the real consideration. As no oath is required from either, they seldom report more than half the price.-The following taxes are also payable in the province.-Two per cent. on legacies and inheritances, coming from colaterals, and exceeding 2,000 dollars.-Four per cent. on legacies, given to persons who are not relatives of the testator. A tax on civil employments, the salaries of which exceed 300 dollars annually, called media annata, amounting to half the first year's salary. By certain officers, it is to be paid in two annual instalments, and by others in four. The first person appointed to a newly-created office pays nothing, but the tax is levied on all who succeed him.-Seven dollars is deducted from the sum of twenty paid as pilotage by every vessel entering or leaving the Mississippi; but the treasury provides the boats, and pays the salary of the pilots and sailors employed at the Balize The remainder of the twenty dollars is thus distributed: to the head pilot four; to the pilot who is in the vessel four; and five to the crew of the row-boat, that goes out to put the pilot on board, or to take him ashore.-A tax of 40 dollars per annum for licences to sell liquors. -A tax on certain places when sold, such as those of Regidor, Notary, Attorney, &c. -But the principal tax is that of six per cent, levied on all imports, according to a low tariff. The proceeds of which nett about 120,000 dollars, whilst all the other taxes are said not to yield more than 5 or 0000 dollars annually. EXPENSES AND DEBT.-The expenses of the present government, comprehending the pay and support of the regiment of Louisiana, part of a battalion of the regiment of Mexico, a company of dragoons, and one of artillery, which form the garrison of the country, including Mobille; the repairs of public buildings and fortifications; the maintenance of a few gallies to convey troops and stores throughout the province; Indian presents and salaries of officers, clergy, and persons employed for public purposes, amount to about 650,000 dollars. A sum in specie, which does not generally exceed 400,000 dollars is annually sent from Vera Cruz; but this, together with the amount of taxes collected in the province, usually leaves a deficiency of 100 or 150,000 dollars, for which certificates are issued to the persons who may have furnished supplies, or to officers and workmen for their salaries. Hence a debt has accumulated, which it is said, amounts at present to about *450,000 dollars. It bears no interest, and is now depreciated 30 per cent. The latter circumstance has taken place not from want of confidence in the eventual payment of the certificates; but 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. VOL. IV. 904,322 950,635 1,006,214 According to the same authority, which makes the total of the exports to amount to 2,158,000 dollars, the imports in merchandize, plantation-utensils, slaves, &c. amount to 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 return in the treasury of the United States, exports have been made to Louisiana and the Floridas, to the following amount in the years prefixed : In 1799 to the value of 5,056,262 in foreign articles. 44,634 in domestic do. MANUFACTURES.-There are but few domestic manufactures. The Acadians manufacture a little cotton into quilts and cottonades; and in the remote 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 trades which are absoJutely necessary, there is a 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 of sugar refinery, said to make about 200,000 lbs. 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 descriptions, eighteen of which were public armed vessels, and the remainder merchantmen, as follows, viz. 33,725 register tons.-In the same year, there sailed from the Mississippi two hundred and sixty-five sail, viz. American. Tons. Spanish. Tons. Ships 40 Brigs 58 Schooners 52 Sloops 8 Polacres 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 1,000 tons. In the first six months of the present year, there entered the Mississippi 173 sail of all nations, four of which were public armed vessels, viz. two French and two Spanish, whose tonnage is not enun:erated. Ameri. Tons. Spani. Tons. Fr. Tons. Ships 23 5396 Brigs 44 Polacres Sch'rs 22 1899 Sloops 4 278 5701 Total 93 13264 Total of Ships. American 14 3080 5 1002 20 2173 8 878 436 3 480 2 18 1187 7 488 3. .167 93 13264 |