and answer, took down the testimony, and transmitted the whole to the governor, by whom the record was sent to the proper tribunal. He had the power to punish slaves, and arrest and imprison free persons charged with offences, and was bound to transmit immediate in formation of the arrest, with a transcript of the evidence, to the governor, by whose order the accused was either discharged, or sent to New Orleans. These parish commandants acted also as notaries public, and made inventories and sales of the estates of the deceased, and attended to the execution of judgments, rendered in New Orleans, against defendants who resided in the country parishes.

The Spanish language was ordered to be employed by all public officers in their minutes; but the use of the French was tolerated in the judicial and notarial acts of the commandants.

The public officers were bound to take the following oath:

“I, ***** appointed... (here followed the designation of the office,) ... swear before God, on the holy cross and on the evangelists, to maintain and defend the mystery of the immaculate conception of Our Lady the Virgin Mary, and the royal jurisdiction to which I appertain in virtue of my office. I swear also to obey the royal ordinances and decrees of his Majesty, to fulfil faithfully the duties of my office, to decide in conformity with law in all the affairs which shall be submitted to my tribunal; and the better to accomplish this end, I promise to consult persons learned in the law, on every occasion which may present itself in this town; and, finally, I swear never to exact other fees than those fixed by the tariff, and never to take any from the poor."

This last clause of the oath is worthy of being recom

mended to the attention of officers acting under more liberal institutions.

These were the principal features in the organization of the new government.

On the 25th of November, 1769, O'Reilly issued a proclamation making known a set of instructions which he had caused to be prepared by two of his legal advisers, Don Jose Urrustia and Don Felix Del Rey, who acted so conspicuous a part in the prosecution against Lafrénière and his accomplices. These instructions were an abridgment or summary of the rules to be followed in civil and criminal actions, and of the laws of Castile and of the Indies, to which they referred, and to which they might serve as an index. This compendium was intended as a guide to all the functionaries and to the public. It contained also an enumeration of all the offices in the colony, and a definition of all the functions and privileges thereto appertaining. In the preamble to his proclamation, O'Reilly said:-"Whereas the want of jurists in this colony and the little knowledge which the new subjects of his Catholic Majesty possess of the Spanish Laws, may render a strict observance of them difficult (which would be so much at variance with the intentions of his Majesty), we have thought it useful and even necessary to have an abstract made of said laws, in order that it may become an element of instruction or information to the public, and a formulary in the administration of justice, and in the municipal government of this town, until a more general knowledge of the Spanish language be introduced in this province, and until every one be enabled by the perusal of those laws, to know them thoroughly. Wherefore, under reserve of his Majesty's pleasure, we order and command all the judges, the Cabildo, and all other

public officers, to conform strictly to what is required by the following articles." This document* is given at length in the Appendix, and is in every way worthy of an attentive perusal. It will be found, with the excep tion of a few objectionable provisions, to be remarkable for wisdom and humanity, and it would not require much investigation to discover worse legislation in these our days of enlightened morality and progressive knowledge.

The Article 20, of Section I., concerning the Cabildo, runs thus:

"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 in the administration of justice and the management of the public interests, should have for their only objects, in the election of ordinary alcaldes and other officers, the service of God, the king, and the public; and, in order to prevent an abuse of that great trust, their choice should be directed to those persons who shall appear to them 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."

With the omission of the word king, this article would not be found inapplicable to present circumstances, and might be fitly recommended to that generation of electors who hold now in their hands the destinies of our country.

Article 21 said: "The Cabildo is hereby informed that it must exact from the governors, previous to their taking possession of their office, a good and sufficient

* American State Papers, vol. i., p. 363. Miscellaneous.

surety, and a full assurance to this effect-that they shall submit to the necessary inquiries and examinations during the time they may be in employment, and that they shall conform to whatever may be adjudged and determined against them. This article merits the most serious attention of the Cabildo, which is responsible for the consequences that may result from any omission and neglect in exacting the aforesaid securities from the governors."

Considering the age in which it was framed, and the source from which it emanated, this article deserves to be noticed, on account of the check which it intends to impose on the exercise of the executive power.

The section 11, on the ordinary alcaldes, is not without interest. The 4th article of that section

says:

"The alcaldes 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 the place of audience, which shall be at 10 o'clock in the morning, at the Town Hall; and, for the decision of cases in which no writings are required, they shall sit in the evening between 7 and 8 o'clock, at their own dwellings, and in none other."

Art. 13 and 15 read thus: Art: 13-"The ordinary Alcaldes, accompanied by the Alguazil Mayor (High Sheriff), and the escribano (clerk), shall, every Friday, proceed to the visitation of the prisons. They shall examine the prisoners, the causes of their detention, and ascertain how long they have been imprisoned. They shall release the poor who may be detained for their expenses, or for small debts; and the jailor shall not exact from them any release fee. The alcaldes shall not set at

liberty any of the prisoners detained by order of the Governor, or of any other judge, without the express consent of said authorities."

"Art. 15. The Governor, with the Alcaldes, the Alguazil Mayor, and the escribano, shall, yearly, on the eve of Christmas, Easter, and Whitsunday, make a general visitation of the prisons, in the manner prescribed by the Laws of the Indies. They shall release those who have been arrested for criminal causes of little importance, or for debts, when such debtors are known to be insolvent, and shall allow them a sufficient term for the payment of their creditors."

These articles are imbued with a spirit of humanity and christianity highly creditable to the legislation of Spain.

The section 3d defines the attributions of the Alcalde Mayor Provincial, and shows that the celebrated institution of the Santa Hermandad was established in Louisiana.

The 4th article of this section shows great regard for the comfort and protection of travelers and strangers. It says: "The Alcalde Mayor Provincial shall see that travelers are furnished with provisions at reasonable prices, as well by the proprietors as by the inhabitants of the villages through which they may pass."

The 5th article says: "The principal object of the institution of the tribunal of the Santa Hermandad (holy brotherhood) being to repress disorders, and to prevent the robberies and assassinations committed in unfrequented places by vagabonds and delinquents, who conceal themselves in the woods, from which they sally to attack travelers and the neighboring inhabitants, the Alcalde Mayor Provincial shall assemble a sufficient number of members or brothers of the Santa Hermandad, to clear his jurisdiction of the perpetrators of such evil deeds,