Records and Deliberations of the CABILDO
No. 4. Sept. 19, 1800 -- July 15, 1802. No. 4
In the City of Now Orleans, November 14th, 1800, there assembled in the Chambers of the Cabildo, Don Juan Bautista Poeyferre, Junior Judge and President of the Cabildo and the gentlemen Don Pedro de la Roche, Captain of Militia, Commissioner and Provincial Judge; Don Nicolas Foretell, Commissioner; Don Rudolph Joseph Ducros, Commissioner and General Receiver; Don Jayme Jorda, Captain of Militia and Commissioner and Don Juan de Castanedo, 2nd Lieutenant of Militia and Commissioner, to discuss matters relative to public welfare. Don Francisco de Riano, Don Joseph Leblanc and Don Gabriel Fonvergne were absent on account of illness. Don Pedro Denis de La Ronde and Don Francisco Pascalis de la Barre were also absent, who did not send in their excuse. Don Gilberto Andry was also absent on account of being on military duty. At this time, Don Pedro Denis de La Ronde, Lieutenant of the Louisiana Regiment, Commissioner and Royal Ensign and Don Gilberto Andry, Captain of the Louisiana Regiment and Commissioner just entered into these Chambers.
I, the Secretary, read the official letter addressed to the Cabildo on November 7th, by the Acting Civil Governor, which was recorded at the foot of the act of the said session and the Commissioners having informed themselves about its contents, unanimously stated that the facts stated in the official letter from the Most Illustrious Bishop, is not sufficient evidence so that the City block of 300 square feet facing the Charity Hospital, used formerly as a cemetery, be considered as property of the Church, as this Cabildo has a true right to the said land, which was granted to the city by a Royal Decree. The Commissioners do not doubt that during the year 1743, the Superior Council governing these Provinces set aside the said block to be used as a cemetery, which land, being considered as a city property, was fenced with a brick wall by the inhabitants, who paid for the said expense; this is not considered as having been donated, but because it was found convenient to move the cemetery, same having been moved four different times, in accordance with the circumstances required.
When this Colony was established, the dead were being buried on the grounds where the Cabildo Building is today, and due to the increase in population, the cemetery was moved to the block, the corner of Bienville at Chartres, the second block from the levee, in which block the cemetery remained until the year of 1743, and then the cemetery was moved to the block referred to above, but in the year of 1788 it was found convenient to move it to the place where it is today, re rting this fact to His Majesty in order to obtain the Royal approval. These progressive changes is an evident proof that all the lands comprised within the walls of the city have always belonged and now belong to the City and that the city has always set aside certain lots to be used as a cemetery, and this was never considered or believed, that the Church obtained its possession, nor that the Church was given any privileges over same, as if it were so, the Church would also have a right of possession over the four other mentioned lots, for the only reason that they were used as cemeteries, the church having taking charge of them during the whole time they were being used as cemeteries. By the informative of well reputed witnesses which, at the suggestion of the prelate of the church was received, the Commissioners are not convinced that the Church s obtained real possession and domain which, it is said, the Church obtained to the lot referred to, but only it had been at the disposal of the Church with the only purpose of being used as a cemetery, as it happens with the actual cemetery, but if an informative concerning is possession was received today after the present cemetery has been in use for 50 or 60 years, it will also result in favor of the Church, but even so, the Church would never have a true domain or real possession over same. The resolution which it is said shows that it was agreed to fence with brick the whole city block in question, which said work was finished by the efforts of Friar Carlos, Superior of this Mission, on October 31st, I743, which he blessed on the following day, which resolution was ordered recorded by Don Nicolas Foucault, in a book signed and rubricated only by himself, all which also does not prove the ownership which the sexton states that the Church has over the said lot, as if it were so, there should be evidence in the very same resolution about the grant made to the church and omitting the fact of having signed and rubricated the book under discussion, the said Don Nicholas Foucault, President of the said Council, who in matters of interests of the Church, as in other essential matters, the clergy could not resolve, by itself without the consent of the said President, as the clergy enjoyed the very same rights, prerogatives and pre-eminences which under our wise laws are enjoyed by the Royal Vice Patrons. The circumstances that compelled the Government and the French clergy to move the cemetery in the three different occasions stated above were no doubt the same reasons already stated which caused the resolutions of the Cabildo of October 17th and 24th of the year 1788, in the first session it was pointed out that there were too many people buried there, that it was very difficult to find a place to bury the dead as, when opening new graves, it was easy to find remains of other bodies which not only caused an inconvenience but also caused bad odors, fearing that due to its proximity to the city, same could spread sickness with detriment to the people who, already have experienced many epidemic sickness during that summer, so the Commissioners unanimously agreed, in order to stop such detriment, that it was necessary to establish another cemetery in a place far away from the city, selecting it in accord with the Reverend Vicar General of these Provinces, asking, before selecting the land, the opinion of the Physicians, and in view of the report presented by them during the session of October 24th, the Commissioners unanimously agreed then to request the Governor and President to forward same, together with a copy of the resolution, to the said Reverend Vicar General, so that with his cooperation the actual cemetery would be established, fencing it and doing there all the work required, it being a provisional cemetery, not destroying the old one, while His Majesty's approval was obtained which the Governor and President promised to try to obtain, in consequence, the said Governor on November 12th, 1788 made the proper representation, addressing same to His Excellency Don Antonio Portier enclosing certified copies of the two acts, of the official letter addressed to the Reverend Vicar, copy of the official letter from, the Reverend Vicar, all in conformity with the resolution of the Cabildo and requesting His Excellency to impetrate His Majesty's approval, authorizing the Cabildo to pay the cost of the brick fence, with the purpose that the actual cemetery be a permanent one, closing the former cemetery and that this cemetery which comprises 12 lots of land of 60 feet front by 120 depth, if His Majesty would be pleased, to be ceded to individuals with the understanding of paying to the City Treasury, 6 pesos per year for each lot, which representation, as well as the means proposed by the Governor were approved by His Majesty through a Royal Order dated at Aranjuez on May 2nd, 1769, communicated to this Cabildo on August 14th, through an official letter which was addressed to the Cabildo on the 11th of the same month by the Governor.
If the sexton, as he moved around the old books of records and accounts would have made some investigation, he would have found out concerning the ownership of the city block in question, he would have found that some belongs to the Cabildo, the only one having the right to claim it, and when the Cabildo decided to move the cemetery to the place where it is now located, a lot belonging to the Cabildo was selected for such purpose, the one found most suitable, which was ordered filled and fenced, all costs paid by the City Treasury, and if it is true that a place should be allotted to the Church for a cemetery, he would not have been convinced that there was a right of ownership in favor of the church, to use it and dispose of it at will, and in view of all reasons stated above, the Commissioners unanimously agreed that the Holy Cathedral has no right whatsoever over the lot of the old cemetery, therefore, the Church can not dispose of same, as it is a City property, and that an answer be given to the official letter from the Governor and President enclosing a certified copy of this act, asking his Lordship to please suspend his consent already given for the disposal and sale of the said land in favor of the church, and on the contrary, to act in accordance with the Royal Order so that the said land be leased by individual lots in favor of the City Treasury, not at 6 pesos annually per each lot, as it is stated in the Royal Order, as the price of the land has increased since that time, due to increased population and also due to the comfort afforded by the canal which has been lately constructed, communicating the Bayou and the lake, but leased for a certain yearly rental to be appraised by experts to be appointed for such purpose and it being 1 p. m., this session was closed.
And this act signed by the Judge and President, together with the other members present, to which I give faith.
Juan Bautista Poeyfarre
Pedro Denis de La Ronde
Pedro de La Roche
Nicholas Forstall
Rudolph Joseph Ducros
Jayme Jorda
Gilberto Andry
Juan de Castenado
Before me,
Pedro Pedscalux, Secretary of the Cabildo
Note: Don Nicholas Maria Vidal, Acting Civil Governor and Royal Vice Patron, Judge Advocate of War of the Provinces of Louisiana and West Florida and President of this most Illustrious Cabildo.
— Records and Deliberations of the Cabildo (NOPL)
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