The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-01-25
The Batture.


The contract treaty of the Goth of September, 1890
alluded TO in my last NUMBER purpors be signed by all the
front popreo, between Tehoupioulas street and the New
Levee extending from Montgomery property down to Com.
mon street They called in the act the actual posssors
OF the Baure In fom it would appear TO be donation by
them to the city of all that portion of the auyon Batture
outside OF the new Levee which had then been recently
formed of the Levee ITSELF and the land or soil on
which erected with the form extent it would have
when completed the soil necessary for the proongaton of
the cross streets down the Leyee lastly so much
ad as was necessary TO give to Tchouptoulas width
OF sixty feet through the faubourg ST. Mary An this ap-
pears TO have been given Tevocaby by the act without any
condition that should the former possesors on any
contingency But besides this the donors engage their
expense to enlarge the evee, give sixty feet the
top and to place palisades front make fill
mp the streets between TChOupouas and the lie
Vee and to platforms the end of them the
They further agreed to down the buildings they had
erected on the Levee within thirty days and the
materials In addition 10 all this they engage contribute
the of so each front foot retained by them for the build
ing OF market house in the taubourg ST. Mary and each
one gave his for the amount by mortgage the
same lots All this was dope and the finally APP
pied to the hndug OF the st. MaTys Market house. Here
then, complete irTevocabe abandonment of all the
Batture the outside of the evee upon onerons terms
and conditions dictated by the City Council The donors
tanned their lots between the Leyee and Tchoupitouas
street. and some of them retain them this day, particularly
the heirs OF Edward Livingston most of them however,
sold out to different persons who still hold them under the
same title
Inc conditions imposed upon the city by the donors were
that the property donated abandoned should forever
main naenabe liable for the debts of the city and
buildings should ever be upon except for Water works.
and that wharve should be built and kept by the city 1t
was further expressly declared that should never be applied
to or used for other purpose than that 10 which 1t IS
naturally destined Now being the bank of the river and
part OF the port of New Orleans It's natural well legal
destination to facilitate the landing and unloading Of
boats and vessels engaged in the great of the
try. 1t has always been understood, and the city has
always maintained it Tor that purpose
pcnse The Second Municipality, since the division of the
city in 1886, has expended more than halt million Of dollars,
in retaining the Batture fast formed by the
cedng of the river and in The construction Of whares for the
facility OF unloading boats and other craft. 1t never
supposed that the city the legal of the
word, authorize them dispose of it contrary the
conditions OF the contract No such preenons now ad-
yanced
Things remained in that situation for nearly twenty-five
years, the donors acqueGns in the public and enOym
Of all the Battue outside of the evee, and attempt
made during that whole period disturb the compro-
mise, Indeed up this day only OF the parties have
tempted TO disturb it, shall speak hereafter OF the cOUo-
yey with tlem and what has been the result At present,
may be observed that in the meantime the Batue continued
increase and has grown such an become
great public nuisance. This admitted on all hands, and the
only difficulty Is in applying remedy. ltiscertan the Couu
Gil OF the Second Municipality has authority to sell what
does not belong to them but the public AT large, and OF
which they have only the power of administration. That adj
minsaton is the expense OF the people the taxpayers and
part OF the city debt has its origin in the thus
cue' Slice lodO before tat period u was uOne al the eN-
pense Of the whole city, and contributed The accumulation
OF the general city debt
The supreme Court of this State decided many years SINCE
in contest between the First and Second Municipality, that
the in question substantially, and in tcrus a
dedication OF the Batture 10 public and constituted
public piaeg-iOcWs pH5icuS-that il entirely placed
out of il indeed impossible regard in any
other light There may be questions as what particular
bound by the eOnactwhether all interested
the time front propretoTs regularly parties TO the
iract but the construction OF the instrument ITSELF
one viii at this day hazard his reputation by denying that
der the form of donation, the front propreto who signed
the ae intended dedicate the property constituting the Lee
wee the and the Bsttue and its future increase
outside oil the Levee, to public The conrsG.was
eu accordingly, and repeat that for twenty-five years
one ever questioned or disputed But the meantime had
become extremely valuable and Offered immense temp
| tation
Inc hr attempt TO set aside this conract made few
years SINCE by Miss Laura Amaryll Delabigarre who in
her petition asserted she the sole hes or representative
OF Peter Deabgae deceased Of the original purchasers
from John Grayer In my number propose TO give
some account Of the grounds which she endeayored to
avoid the contract and Of the decision of the Supreme Court
Of Lonsana That hnaljudgment rendered the March
term eio wholly adverse to The professions of the the plaintiff
r