One of the first acts of O'Reilly's administration was to take a census of the inhabitants of New-Orleans. The aggregate population was 3190, of every age, sex, and colour; of these 1902 were free; 1225 slaves, and sixty domesticated Indians; the number of houses was 468; the whole province contained but 13,538 inhabitants.
We have seen that the cession of the province had created the utmost discontent; and the arrival of O'Reilly was considered as a general calamity. The transfer had been impeded and resisted by all the means in the power of the colonists. Although Don Ulloa had not ventured to execute his commission with the force at his command, he had, nevertheless, "set about building forts and putting troops into them." On the other side, plans of resistance were contemplated by the people; and assistance looked for from their English neighbours in West Florida; and in the fall of 1768 Don Ulloa was, as we have seen, ordered away. By this brief retrospect, the temper of the colonists, on the arrival of O'Reilly, will be understood, and will serve as a key to his proceedings. He resolved to lose nothing by timidity and hesitation. In the reckless pride and unbridled passions of military despotism, he disdained to temporize, or endeavour to sooth the irritated feelings of the people, or to conciliate their confidence, or calm their fears. He had been accustomed to rely upon no power but that of the sword, and to respect no authority but a military commission. To him the law was a subject of scorn, and the civil rights of citizens or subjects an idle tale. He looked upon his five thousand troops, with their arms and ammunition, and he saw there the only power be respected, or would condescend to use to maintain his government. Such principles led or drove him to a course of desperate violence, having then no parallel in any country pretending to a government of laws, or any civil rights. We shall give his proceedings in the language of our historian.
"Towards the last day of August, the people were alarmed by the arrest of Foucault, the commissary-general and ordonnateur, De Noyant and Boisblanc, two members of the superior council; La Freniere, the attorney-general, and Braud, the king's printer. These gentlemen were attending O'Reilly's levé, when he requested them to step into an adjacent apartment, where they found themselves immediately surrounded by a body of grenadiers, with fixed bayonets, the commanding officer of whom informed them they were the king's prisoners. The two first were conveyed to their respective houses, and a guard was left there: the others were imprisoned in the barracks.
"It had been determined to make an example of twelve individuals; two from the army, and an equal number from the bar; four planters, and as many merchants. Accordingly, Marquis and De Noyant, officers of the troop; La Freniere, the attorney-general, and Doucet, (lawyers,) Villere, Boisblanc, Mazent, and Petit, (planters,) and John Milhet, Joseph Milhet, Caresse and Poupet, (merchants,) had been selected.
"Within a few days, Marquis, Doucet, Petit, Mazant, the two Milhets, Caresse, and Poupet, were arrested and confined.
"Villere, who was on his plantation at the German coast, had been marked as one of the intended victims; but his absence from the city rendering his arrest less easy, it had been determined to release one of the prisoners on his being secured. He had been apprized of the impending danger, and it had been recommended to him to provide for his safety by seeking the protection of the British flag waving at Manshac. When he was deliberating on the step it became him to take, he received a letter from Aubry, the commandant of the French troops, assuring him he had nothing to apprehend, and advising him to return to the city. Averse to flight, as it would imply a consciousness of guilt, he yielded to Aubry's recommendation, and returned to New-Orleans; but as he passed the gate, the officer commanding the guard arrested him. He was immediately conveyed on board of a frigate that lay at the levee. On hearing of this, his lady, a grand daughter of La Chaise, the former commissary-general and ordonnateur, hastened to the city. As her boat approached the frigate, it was hailed and ordered away. She made herself known, and solicited admission to her husband, but was answered she could not see him, as the captain was on shore, and had left orders that no communication should be allowed with the prisoner. Villere recognised his wife's voice, and insisted on being permitted to see her. On his being refused, a struggle ensued, in which he fell, pierced by the bayonets of his guards. His bloody shirt thrown into the boat, announced to the lady that she had ceased to be a wife; and a sailor cut the rope that fastened the boat to the frigate.
"O'Reilly's assessors heard and recorded the testimony against the prisoners, and called on them for their pleas.
"The prosecution was grounded on a statute of Alfonso the eleventh, which is the first law of the seventh title of the first partida, and denounces the punishment of death and confiscation of property against those who excite any insurrection against the king or state, or take up arms under pretence of extending their liberty or rights, and against those who give them any assistance.
"Foucault pleaded he had done nothing, except in his character of commissary-general and ordonnateur of the king of France in the province, and to him alone he was accountable for the motives that had directed his official conduct. The plea was sustained; he was not, however, released; and a few days afterwards, he was transported to France.
"Brand offered a similar plea, urging he was the king of France's printer in Louisiana. The only accusation against him, was that he had printed the petition of the planters and merchants to the superior council, soliciting that body to require Ulloa to exhibit his powers or depart. He concluded that he was bound, by his office, to print whatever the ordonnateur sent to his press; and he produced that officer's order to print the petition. His plea was sustained and he was discharged.