and consent of the senate, judges, sheriffs and all other officers, created by the constitution, whose appointment it does not vest in other persons; he fills, provisionally, all vacancies happening during the recess of the legislature; he has power to remit fines and forfeitures; except in cases of impeachment, he grants reprieves, and, with the approbation of the senate, pardons; in case of treason he grants reprieves till the meeting of the general assembly, who alone may pardon.

He may require information, in writing, from any officer in the executive department, on any matter relating to their respective offices.

He gives, from time to time, to the general assembly, information respecting the situation of the state, and recommends measures to their consideration, and takes care that the laws be executed.

On extraordinary occasions, he convenes the general assembly, at the seat of government, or elsewhere in cases of danger. If the houses disagree, at the time of their adjournment, he adjourns them to any day within four months.

He visits the several counties, at least, once in every two years.

Every bill, after having passed both houses, is sent to the governor, who signs it, if he approves of it; otherwise he returns it to the house from whence it came, with his objections, where, after they are entered on the journal, the bill is reconsidered, and if two thirds of the members elected, vote for it, it is sent, with the objections, to the other house, and becomes a law, if voted for there, by two thirds of the members elected.

Resolutions, to which both houses made assent, are sent to the governor in the same manner as bills.

If the governor do not return a bill or resolution within ten days after receiving it, his approbation is

presumed, unless the house, in which it originated, prevents its return by an adjournment.

A secretary of state is appointed for the same period as the governor: he attests the latter's official acts, and is the keeper of the archives.

The governor's compensation cannot be increased or diminished during the incumbent's period of service.

The judicial power is vested in a supreme and inferior courts. The first is composed of not less than three nor more than five judges. It sits at New-Orleans during the months of January, February, March, April, May, June, July, November and December, for the eastern district; and at Opelousas during the rest of the year, for the western, The legislature may change the place of sitting, in the western circuit, every fifth year. Its jurisdiction is appellate only, and extends to civil cases, in which the value of the matter in dispute, exceeds three hundred dollars.

Inferior courts are established by law.

The judges are conservaters of the peace throughout the state; they hold their offices during their good behavior. They are removable on impeachment, and, for any reasonable cause, not sufficient for impeachment, they may be removed by the governor, on the address of three fourths of each house of the general assembly.

The power of impeachment is vested in the house of representatives alone. The senate is the sole judge, and conviction cannot take place without the concurrence of two thirds of the senators present.

The governor and all civil officers are liable to impeachment for any misdemeanor in office. The judgment extends only to removal and disqualification; but is subject to prosecution in other courts.

In case of the governor's impeachment ath, resignation or removal, his functions devolve on the president of the senate.

Provision was made for the freedom of the press; the writ of habeas corpus; the trial by jury, and the due administration of justice in criminal cases; admission to bail, and the exclusion of cruel and unusual punishment.

The clauses, recommended by congress, were inserted.

A mode for revising the constitution was provided. Arrangements were made, in a schedule, for the march of the state government, at the expiration of the territorial, by continuing the officers of the former, until superseded by law.

Those who prepared the first form of a constitution, submitted to the convention, took the constitution of Kentucky for a model: they made several alterations, and others were introduced by the convention.

One of the principal was a provision for the salary of the judges of the supreme court, which was fixed at five thousand dollars: another was the obligation imposed on the judges of all courts, as often as it may be possible, in every definitive judgment, to refer to the particular law, in virtue of which, the judgment is rendered, and, in all cases, to adduce the reasons on which it is founded.

Wilkinson--Archives.-Gazettes...

CHAPTER XV.

First steam boat on the Mississippi.-Apostolic administration.-Wilkinson's acquittal.-Louisiana admitted into the Union-Conditions.-Extension of limits.Proclamation of the president of the convention, ordering elections, under the authority of the state.-War declared against Great Britain.-Wilkinson assumes the command of the seventh military district.-First session of the first state legislature.-Governor Claiborne. The extension of limits assented to.-Hurricane.-Second session of the legislature.-Judicial system.-Congress directs posssession to be taken of the territory west of the Rio Perdido.-Wilkinson drives the Spanish garrison from Fort Charlotte at Mobile.He is ordered to the northern frontier of the U. S., and is succeeded by gen. Flournoy.-Attack of fort Mimms. The Creeks chastised at Tallusatche and other places. Embargo.-One thousand militia of Louisiana called into the service of the U. S-Third session of the legislature. The Indians further chastised.-A further requisition of the militia-Peace with the Creeks. Brig Orpheus.-Colonel Nichols-His proclamation. He attempts to secure the assistance of the Barrataria people-Attack on fort Boyer-The Barrataria people dispersed.-Committee of defence in New-Orleans. Jackson marches to Pensacola, and compels the governor to remove garrisons of his army in the forts.

On the tenth of January, 1812, the inhabitants of New-Orleans witnessed the approach of the first ves

sel, propelled by steam, which floated on the Mississippi, the New-Orleans, from Pittsburg. The captain stated, he had been but two hundred and fifty-nine hours, actually on the way.

We have seen that soon after the cession, the Pope had placed the ecclesiastical concerns of the success of Louisian, under the care of bishop Carrol, of Baltimore, he now confided them to the abbe Dubourg, a French clergyman, who had resided for several years in Baltimore, and who came to New-Orleans with the appointment of Apostolic Administra

tor.

The president of the United States approved, on the 14th of February, 1812, the sentence pronounced by the court martial, on the 23d of December preceding, acquitting Wilkinson of all the charges exhibited against him.

Early in the month of April, congress passed an act for the admission of the territory of Orleans, as a state, into the union; but the act was not to be in force till the 30th of the month, the ninth anniversary of the treaty of cession. It was declared to be a condition of the admission of the new member, that the river Mississippi, and the navigable waters leading into it, and into the gulf of Mexico, should be common highways, and forever free, as well to the inhabitants of that state as to those of the other states and territories of the United States, without any tax, duty, impost or toll therefor, imposed by the state, and that this condition and all others, stated in the act of the preceeding session, for enabling the inhabitants of the territory to form a constitution &c. should be considered, as the fundamental terms and conditions of the admission of the state into the union.