"City Council - Sitting of Dec. 20, 1833
Resolved, that the purchasers of lots which are to be sold on the 23rd January next by orders of the District Court of the United States for the Eastern District of Louisiana, shall be bound towards the corporation of the City of New Orleans to pay the proportion of paving and of the sidewalks made in front of said property which they may acquire at said public sale, and that, pursuant to the resolution of the Council now in force.
D. Prieur, Mayor
Sec. 25
A true copy. John Culbertson - Receiver"
"New Orleans, Jan. 21st, 1834
To the Mayor, Aldermen & Inhabitants of the City of New Orleans.
I am requested by Messrs. Thos. Banks, Bernard Marigny, James Hopkins, and W. & J H. Leverich of the city and Parish of New Orleans, to forward to you the written protest against the sale of a certain vacant space of ground advertised to be sold on the twenty-third instant, which protest has been done before me on the twentieth of the present month.
I am your obedient servant,
F. Grima, N.P.
No. 762 Annexed"
[Act of Protest passed Jan. 20, 1834]
"And whereas the said appearers are owners and proprietors of certain lots of ground situated between Customhouse and Bienville Streets in front of the Mississippi River; and when the French Government granted the tract of land upon which the City of New Orleans is now built, a plan of the said city was then made by the order of the said government by the proper authorities thereof, and the lots of ground now possessed by the said appearers were originated on the said plan, and in the grants and titles conveyed to the Court [?] owners thereof, as being and lying front to the river Mississippi, giving therefore to them and to all proprietors of said lots thereafter all the rights and privileges appertaining to proprietors of lots fronting on the river Mississippi. Whereas on the said plan, the space of ground enclosed between Customhouse, Levee and Bienville Streets, and the Public Road, and now advertised for sale and to be sold in lots agreeably to the written advertisement, is designated as a QUAY, and said plan has since been claimed by the Corporation of the City of New Orleans from the proper authorities in France, and a certified and faithful copy thereof is now in the possession of the said Corporation, and has been several times offered in evidence by the said Corporation and received as such by the Courts of this State in different suits in which the said Corporation was interested. And whereas the said Corporation of the City of New Orleans has always, under the present government, considered and contended that the said vacant space was from time immemorial destined as a QUAY, a space exclusively reserved to the use of the public; and these appearers contend that the said vacant space cannot be justly and legally claimed, sold nor disposed of in any manner by the said Corporation of the City of New Orleans nor by the Government of the United States to the prejudice of these appearers.
And whereas the sale of the said vacant space in front of the lots belonging to the said appearers, and the erecting of buildings thereon, can take place but to the great damage and prejudice of these appearers, depriving them of the view of the said river in front of which their property is situated, and of all the rights, claims and privileges which by their titles designating their said lots as lying in front of said river Mississippi, these appearers are justly entitled to.
Now therefore, the said appearers do by these presents solemnly and publicly protest, as well against the sale aforesaid to be made by virtue of the order of the Hon. the District Court of the United States, for the Eastern District of Louisiana, as stated in the above advertisement, as against the Government of the United Stets and the Corporation of the City of New Orleans, and against all other persons whom it doth or may concern, for all damages, costs, charges and interests to be suffered by the said appearers on account of the late aforesaid.
The said appearers reserve to themselves the right of availing themselves in time and place of all the rights, claims and privileges resulting from their titles -
Thus done and protested at the City of New Orleans aforesaid on the day, month and year first before written in presence of Christoval Morel and Gustave d'Hebecourt, witnesses hereto required and residing in the said city who signed these presents, together with the said appearers and the said Notary.
[signed]
Bernard Marigny, James Hopkins
W. & J. H. Leverich, Thos. W. Banks
G. d'Hebecourt, Christoval Morel
F. Grima, N.P.
I do hereby certify that the foregoing is a true and faithful copy of the original now extant among the records of my office. In faith whereof I grant these presents under my signature and seal of office, at the City of New Orleans this twenty-first day of January Eighteen hundred and thirty-four.
F. Grima, N.P. "
"State of Louisiana
City of New Orleans
Jan. 22, 1834.
By this public instrument, be it known that on this twentieth day of January in the Year of Our Lord one thousand eight hundred and thirty-four and the fifty-eighth year of the Independence of the United States of America.
Before me, Felix Grima, Notary Public in and for the City and Parish of New Orleans, duly commissioned and sworn and in the presence of the undersigned witnesses, personally came and appeared Messieurs Thomas Banks, Bernard Marigny and James Hopkins, all residing in the same city and parish, and J. H. Leverich, acting for his firm W. & J. H. Leverich of this city, composed of himself and W. E. Leverich.
Which said appearers declared that wherein they have seen in a public paper published in the City of New Orleans and called the 'Mercantile Advertiser' a certain advertisement in the words and figures following to wit:
'Commissioners Sale'
By virtue of an order of the Hon. the District Court of the United States, for the Eastern District of Louisiana, and of the consent of the parties in the case of United States vs. the Mayor, Aldermen and Inhabitants of the City of New Orleans, will be sold on the 23rd day of January 1834, and the following days, by the undersigned commissioner appointed for that purpose the following described property, to wit:
All the vacant space of ground included between Ursulines, Levee [Decatur], and Garrison Streets, and the Public Road [N. Peters St.] in the City of New Orleans; and also the vacant space of ground included between Customhouse, Levee and Bienville Streets and the Public Road in the said City of New Orleans. The said vacant space of ground will be divided into a convenient number of lots, plans of which will be made and exhibited at the exchange coffee house, where the sale will take place, for at least ten days previous to the day of the sale, and the sale will commence at 2 o'clock and continue until 3 o'clock P.M. daily until the whole shall have been sold.
Terms of sale - 1, 2, 3, 4, and five years in equal installments in notes endorsed to the satisfaction of the commissioners, secured by special mortgage on the property sold, and bearing an interest of six per cent per annum from the date of sale until final payment. The interest on which said note bears, to be added in the same.
The Acts of Sale to be passed before William Christy, Esq. Notary Public, and to be recorded in the clerk's office of the District Court of the United States, for the Eastern District of Louisiana at the expense of the purchaser.
D. Prieur [&] F. W. Lea,
Commissioners, Mayoralty of New Orleans"
— Documents of the City Council of New Orleans, Vol. 4084/185-190 (LSM)
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