New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-06-02

NUMBER sIXTT.sIX.

tildt Is W say, lu6 large annual accumulation OF
the sand bank, formed in front of thu Grayier
plantation, to-wit: from Canal street upwards, to
the St. Mary's market site, or the street called
Delord after the name of the owner, next to the
upper line of the suburb St. Mary. Now to under.
stand properly the long controversy and litigation
about this piece of property, claimed by a good
many parties it is well to recount the course of
events as they happened in the several succeeding
sta ges of the long lasting affair. Letus then begin
by first stating that the laying out Of the suburb
St Mary by the Graviers, under the Baron Caron-
delet's administration, left outside of the public
road, on the Tchoupitoulas street, which fronted
the river, the then already beginning
river ground or what is called the batture or the
sand bank caused by the eddygin the stream.
Now, every summer after the withdrawal of the
high water floods, the accumulated mass of sand or
earth was made use of as a common commodity by
the whole community of the city. The earth was
taken out and conveyed inland for the purpose of
filling up lots, or for mixing with lime to make the
ordinary mortar for buildings, chimneys, etc.
The suburb having been laid out very distinctly
as public institution or property it did not come
into the head of the Graviers, at that time, that
they had any exclusive right upon this batture
ground after having laid off their plantation in
squares and lots, and having disposed Of nearly all
the front lots, then valued as the most beneficial
ones, on account of the nearness of the Western
fatboats that would lay there, right in front of
the newly erected stores and warehouses Hence
there was no difficulty whatever in the beginning
of the laying out of this suburb. But when in 1904
or 1905, after the cesson Of the country to the
United States, great many new settlers and spec
MIA ttpz had tho r1uralasn IF
town lots, and one or two small saw-mills Chat Of
Withers's and Gaiennie's places had been first
erected above Delord street, and subsequently
much enlarged, it was found that the batture not
withstanding the taking away Of large quantities
of sand in the dry season, increased much faster
and gained at last enormous proportions. This
process of rapid formation of the sand bank in
front Of the upper suburb arose from the circum-
stance that numerous RATS Of timber or large
trunk-trees were constantly moored in front of the
saw-mills, and thus served as a break water
to the current of the Mississippi. The piles
Of saw-dust accommodating at the same time in
the proximity Of these out-jutting front estab-
lishments, again contributed in causing a solid
cotier-dam, with masses of unsawed timbers and
ptanks so that the eddy in the stream below this
station became much greater, and consequently
deposited vaster proportion Of alluyial sediment
for the creation of the baLtnre. Under these cir
cumstances, and forseeing that in course Of time,
these grounds would become the most valuable
ones, inasmuch as the up-country commerce was
then beginning to develop its mighty influence,
Edward Livingston one Of the greatest legal illus.
TRAITORS Just then arrived from the Northern State of
New York, entered into some agreement with the
Graviers respecting their ultimate claims or pre-
tentions upon this valuable property. What was
the exact nature Of this convention or contract
between the parties, we think has never been
given to the world. Now it is necessary to state
that the reputation of the legal ability of Edward
Livingston had long preceded him before his
arrival at New Orleans but this rather contribu-
ted to make him generally more distrusted by the
whole community than otherwise. 1t was there
fore not surprising that when it was known that
this very able lawyer had undertaken to reclaim
for his clients the Graviers the exclusive owner
ship of the batture property, he at once became
exceedingly unpopular, Notwithstanding all his
acknowledged talents and capacities. ...
The reasons for this general,Asentfment were the
following Under the old FrefSh laws, the colonial
code, it was well known the Graviers would not
have had shadow of right for claiming the own.
ership OF the batture All such aecretons of ter
ritory belonged of right to the crown, as the para
mount sovereign Of the soil, hence his claim would
have been at once quashed under such a iurispru
lenee Not alone did this view Of the case put
barrier to the Graviers pretensions for there was
The much clearer right of usage by the commu-
atty for number Of years-the uudstnrbed Dos
session Of this ommonalityproperty- employ
ng the earth or sand as if it were out of a com
mon quarry Or nine, which never had been i'm.
oeded Or interrupted by the present claimants.
Then, again, since the erection Of the suburban or
J1a3teue lines, the fencing Of the leYee borders,
he charges Of the public road had been borne by
The whole comInunity-not by the former pro-
1rietors or the other front owners of the river
ots-in return for the general use allowed to
very citizen or nhabitant of the urban precincts.
Hence wRen, the comm9ehy learned that they
we're to be depESada their former usa9es, and
hat the Graviers were laying in claim for the
ownership of these batture grounds, two parties
It once came forward to dispute these reclama.
ions. In the first place the city council, as de-
ending the communal rights, stepped forward to
contest the taking possession of these grounds,
md Immediately after a number of private indi- |
iduals as being the owners of the front river lots
made out their claims in case that the general one
If the community should not be admitted, or be
ct aside by decision in favor of the former plan
alton proprietors. 1t must be confessed that the
position of Edward Livingston, under this aspect
f affairs, was by no means an enviabe one. By
spousing such an unpopular cause he had in fact.
lienated the good will of all the community, as it
we're. Hence, when he perceived in what direc-
ion public feeling had run, he very adroitly de-
aged bringing forward his clients claim, until
ONE more favorable circumstances should have |
endered the chances more propitious. This hap
ened in after time. During General Jackson's
ampagn in 1914 and 1915, Edward Livingston, as
ne of the generals aid.decamp, had rendered es.
entail service to the community; the general had
mployed him in the negotiation for the ex.
hange of prisoners, who had been detained on
GARD the English fleet, and among whom were
ONE of the most influential of New Orleans
itizens.
In sundry other circumstances, Edward Living,
ton had acted very conspicuous parts in the
leetngs Of citizens, at that time, for the promo.
on of public measures and, after the war, in
RIDER to regain his somewhat compromised popa-
lrity, he employed a great part of his time in
omposiug new criminal code, based upon the
godeln liberal views in that branch of iurispru-
ence. When he had thus completed his measures,
nd thought the public mind had become rather in
herent upon the batture question, he then re-
lmed his maneuYers, and this time began taking