The life of my maternal great-great grandfather, Ursin Augustin, continues as he struggles through the tearing apart of his family while enslaved. After reuniting with them in 1865, he plotted his own destiny, by purchasing a plantation, in a competitive and sometimes, unscrupulous world that he hadn’t been trained for. Legacy means an amount of money or property left to someone in a will. Even though he had to contend with a lawsuit by Dr. Joseph Moncla, his former owner, he continued to fight to secure a legacy for his family.
The first part of Ursin’s story has been told in the Parents for Ursin Augustin blog article. If you haven’t read it, please do so. This one starts where the other one left off. In both articles, I discussed lawsuits that gave me important tips about the lives of the Augustin family.
A Family
On the Zenon Lemoine plantation, Ursin took for his “wife” Constance Desiré and they had the children discussed in the section, Breakup of the Family, below. Because of the Louisiana Black Code, their [1]marriage did not hold any legal bindings, only emotional ones.
The only baptism record I’ve found of their children is André’s[2] birth in the St. Paul Baptism records. He was born July 8, 1845 and baptized January 2, 1846.
The Godfather
On March 7, 1837, Ursin is one of the Godparents for an enslaved girl named [3]Clementine, whose mother is Paulin, a Negro woman enslaved on a plantation owned by Martin Dufour. [4]Martin Dufour (1813-1860) was the grandson of his former owner, Charles Dufour pére. Paulin may have been an offspring of an enslaved person from the Charles Dufour Succession and therefore, may have been a relative or child of a friend of his.
The figures above are abstracts of baptisms that are summarized and published with similar items from the St. Paul Catholic Church of Mansura. The original documents would be better to have, because mistakes and omissions can occur with the abstracts. Unfortunately, the Diocese of Alexandria no longer gives certificates for genealogical purposes, so the abstracts are all we’ve got to work with.
The Breakup of the Family
Zenon [5]Lemoine, Ursin’s owner, died at the age of 42 years and 8 months. He was buried on August 2, 1850. Ursin, Constance and their children are on the [6]Zenon Lemoine Succession dated December 10, 1850. Below is an image with Ursin, Constance and their children who were the ages ten and below. Following is a translation of those pictured.
The Inventory
The slave Ursin, Negro man, about 46 years old, awarded to Joseph Moncla, the last highest bidder, for the sum of nine hundred and thirty dollars
The slave Constance, Negro woman, aged 39 and her five children, Jean Pierre, aged 10, Avis and Pavis, twins aged 7, André aged 5 and Celestin aged 2, adjudicated to Ceran Gremillion, the last and the highest bidder for the sum of seventeen hundred and ten dollars.
Ursin’s other children with Constance listed on Zenon Lemoine’s Succession were Gustin, aged 23, awarded to Joachin Juneau, Dorsaint aged 21, awarded to F. B. Coco, Sosthene aged 19, awarded to Hiliare Lemoine, Louisa aged 17, awarded to Jean Baptiste P. Rabalais, Jacques aged 13, awarded to Jean Pierre Lemoine and Auguste aged 12, awarded to Dorsaint Armand.
Constance’s heart must have been broken, because Jacques and Auguste were still quite young to be away from her. Additionally, she was left alone to raise five children without the support of her husband, with another child on the way.
Another Child
Josephine’s [7]death certificate gives her death date as January 10, 1934 and her age as 82 years, 5 months and 10 days. If this information is accurate, she was born about July 31, 1851 and Constance would have likely been about two months pregnant when Ursin was sold on December 10, 1850.
Death certificates are accurate only as far as the informant is aware of the information asked. Some have accurate information and some don’t.
Last Plantation
The Moncla plantation was the fourth, and I believe last plantation for Ursin. From [8]Charles Dufour Sr. to Faustin Dufour, to Zenon Lemoine, and to Dr. Joseph Moncla. Leaving friends and relationships behind each time.
Freedom
He was freed with the emancipation proclamation, that was ratified in 1865. He was starting a new and different kind of life at about 57 years old. He obtained an [9]Ear Mark and Brand on March 24, 1866. [10] I don’t know how many cows he had when this mark and brand were obtained, but he still had a cow and calf when he died thirty-five years later.
Ursin and Constance
Ursin legally married his wife, Constance, whom he’d had children with on the Lemoine plantation on May 6, 1867. I’m sure it was wonderful for the family to be reunited. On their wedding certificate, she gave her name as Thérèse Lemoine.
The lawsuit, [11]Auguste Augustin et al vs. Alfred Carmouche, dated January 6, 1902, occurred after the death of Ursin Augustin Sr. The heirs of Ursin Augustin Sr. sued Alfred Carmouche, Ursin’s son-in-law and the husband of Josephine Augustin, to stop him from selling ten acres of land that belonged to Ursin Augustin Sr. In this lawsuit, Jean Pierre Augustin (1841-1923) testified that his mother is known by two names, Constance Desiré and Thérèse Lemoine. Pictured below is his testimony regarding this matter.
Constance’s Two Names
It seems she used both names. In the above testimony of her son, Jean Pierre, speaking of the time while she was enslaved, said, “They called her Constance all the time, ordinarily called her by that name. Just called her Constance…” After slavery, on legal documents, such as her marriage and two censuses, she gave her name as Thérèse, T was used on the 1880 census. Later, on [12]Auguste’s death certificate in 1916 and Josephine’s death certificate in 1934, the name Constance was given as their mother’s name. Because of the continuity of the name Constance, I believed she used both names at the same time in different situations.
Other Instances of Aliases
It was not unusual for someone to have more than one name, as I talked about with Ursin’s brother, Jean Pierre (1806-1870) (See Parents for Ursin). My aunt, Hester Lavalais Jacob (1886-1978), was called “Estelle.” Eulalie Lavallais Augustin (1857-1927) was called “Aime.” Aurelien Jacob Jr. (1884-1864) was called “Nick.” There are many more such instances.
However, whenever you accept a second name for a person, be sure to have evidence to show that they are, indeed, the same person.
A Place to call Home
To provide a way for his family to support themselves, Ursin purchased [13]a tract of land from his former owner, Dr. Joseph Moncla, on December 2, 1869. The description of it is as follows: “A certain tract or parcel of land, situated on the left bank of Bayou des Glaises, in the Parish of Avoyelles, containing one hundred and seventy superficial arpents, bounded north by Joseph D. Coco, east by Auguste Moreau, South by Bayou des Glaises and west by Miles Drummond, together with all the buildings and improvements thereon.” The price was four thousand five hundred dollars done in three promissory notes.
On the 1870 census, it appears he divided the one hundred seventy arpents property among some of his sons. The Augustin heads of household who lived near each other were Ursin Augustin, aged 16, Ursin Augustin, aged 67, Jean Pierre, aged 30, and André, aged 27. On the page before this one are Avit, aged 24, Auguste, aged 29 and Ursin Augustin, aged 45.
There are values of personal property attributed to Ursin, Jean Pierre, and André shown under Value of Personal Estate, rather than Value of Real Estate. Real Estate is real property which is land and buildings and personal property are things owned that are not attached to the land. Also, their occupations are shown as farm laborer, rather than farmer, even though the land they’re farming was land they were purchasing.
Joseph Moncla vs. Ursin Augustin
Twelve years later, on September 28, 1881, [14] Joseph Moncla filed a lawsuit against Ursin Augustin for non-payment of his mortgage. This lawsuit consisted of (1) a petition by Joseph Moncla for a judgement against Ursin for three thousand dollars plus interest at eight per cent per annum from the thirty-first day of December 1875; (2) a certified copy of the 1869 act of sale that was for four thousand five hundred dollars, which is different from the amount asked for on the petition; (3) a certificate of inscription and re-inscription of mortgage done by P. J. Normand, Notary Public; (4) notes with amounts he claimed Ursin had paid from 1875 to 1880 and (5) a confession of judgement witnessed by E. J. Joffrion, one of Joseph Moncla’s lawyers.
There was no information on payments before 1875. The original mortgage was four thousand five hundred dollars. Since, this petition is asking for three thousand, at least fifteen hundred dollars had been paid plus the interest noted from 1875 to 1880.
Unlike the other lawsuits, this one had no testimony or any written statements from the defendant or from any witness from the defendant’s side. The petition gave Dr. Moncla’s side of the story only.
Ursin’s side of the Story
I looked at the lawsuit, Auguste Augustin et al vs. Alfred Carmouche, to see if I could get more of Ursin’s side. I found two questions about the payment of the Joseph Moncla property. Judge Lafargue, attorney for the plaintiffs, asked Alfred Carmouche, the defendant, “Didn’t he (Ursin) pay Dr. Moncla?” Answer, “I think not, for if he did he couldn’t show it and had to pay it again.” On another question to August Augustin about the twenty-eight acres that was sold to five of the plaintiffs (discussed in the section below), he answered, “After we paid Dr. Moncla all of it, the old man gave a certain part to us; Carmouche, me, Eli and Jean Pierre, he gave us twenty acres. Eli and me and André helped to pay…” (It was actually twenty-eight and one third acres each.)
So, Dr. Joseph Moncla said he was still owed three thousand dollars and Ursin and his people said that he’d been paid all, and if he had, he couldn’t show it. He’d spoken to the judge, evidently, outside of court. I believe he thought he’d paid it all, whether he had or not.
The Judgement
The judgement, dated September 28, 1881, was “that plaintiff, Joseph Moncla, recover of the defendant, Ursin Augustin, the sum of three thousand dollars together with interest therein at the rate of eight percent per annum from the first day in December 1875…”
Below is a picture of the top part of the judgement to show the spacing of the document and how it appears information was added after the document was written. The first sentence says, “Present Hon. Aristides Barbin, District Judge.” The following seemed to have been added after the judgement was written, “who having been consulted by defendant in the matter therefore recuse himself and appoint to try this cause Hon Henry C. Edwards an attorney.” The judgement is signed H. C. Edwards. So, it appears an attorney decided the suit, instead of the original judge, although the judgement was written up before H. C. Edwards’ name was added.
Joseph Moncla transferred the judgment for a full and valuable consideration to Leon Gauthier, administrator of the estate of Elizabeth Gauthier, deceased on November 16, 1881.
Five Tracts to Family
What Ursin had done informally in 1869, he did formerly on November 26, 1881. This is what Auguste is referring to in the Auguste Augustin lawsuit, when he said, “After we paid Dr. Moncla all of it, the old man gave a certain part to us; Carmouche, me, Eli and Jean Pierre, he gave us twenty acres. Eli and me and André helped to pay…
He divided up his land on five different sales documents to three of his sons and two of his sons-in-law, [15]August Augustin, [16]Eli Johnson (husband of Louise), [17]Alfred Carmouche (husband of Josephine), [18] André Augustin and [19]Jean Pierre Augustin. The tracts of land were situated on the left descending bank of Bayou Des Glaises and was twenty-eight and one third acres each. The price of each tract was four hundred dollars, to be paid in installments and the last payment of fifty dollars to be made on January 1, 1886.
A Contract with Jacques
My great grandfather, Jacques, had not been a part of Ursin’s plantation plans. He’d bought his own plantation and had been in his own lawsuit about his land. On January 1, 1883, [20]Jacques Augustin created a contract with his father, Ursin and declared that “from this day he binds and obligates himself to work in the employ of his father, Ursin Augustin for the term of one year, said work to consist of field work and any other work generally performed on a plantation.” He was to be paid ten dollars a month or one hundred twenty dollars a year.
It is hereby understood and agreed by the parties that the said Jacques Augustin is to obey the said Ursin Augustin whenever commanded to perform any kind of work, otherwise the said Jacques Augustin shall render himself liable to lose part of his wages, according to the time lost for not obeying commands.
Although the document was done January 1, 1883, it was not filed until August 3, 1883.
An Additional Sale
On October 2, 1891, of his remaining acres,[21]Ursin sold twenty acres to two of his sons, Auguste and André Augustin and his sons-in-law, Alfred Carmouche and Eli Johnson for four hundred dollars. It was divided into five acre plots each.
According to Auguste Augustin, all of the tracts that were sold to Ursin’s heirs were seized, because of the judgement. Except for Carmouche’s portion, because he paid his money directly to the Gauthier heirs and got a clear title. The five acre plots were seized after 1891, which would have made it twenty-two years after the original contract in 1869.
When Ursin died, his last ten acres was placed for sale by his son-in-law, Alfred Carmouche. He was sued by the other heirs.
The Children
Ursin filed an Act of Acknowledgement of Natural Children on February 16, 1872 (See Parents for Ursin Augustin). In this document, he named his children as being Gustin, Jacques, Auguste, Avit, Pavy, André Augustin, Jean Pierre, Louise, Josephine and Dorsin with Constance Desire and Ursin Jr. with Mannette Sylvert. Sosthene is not mentioned in this document, but he is listed among the family on the Zenon Lemoine succession. He’s listed two more times as a legitimate son; in Auguste’s testimony in the Auguste Augustin lawsuit, and Ursin, himself, named him in the Ursin Augustin fils et al vs. A. L. Boyer lawsuit (See Parents for Ursin). So, I believe he was a legitimate son who was left off the acknowledgement by mistake. The two year old child, Celestin, on the Zenon Lemoine Succession, is not mentioned in any other document and doesn’t appear to be alive after 1865.
Ursin doesn’t give his daughters’ names in the Ursin Augustin fils lawsuit and Auguste doesn’t give their names in the Auguste Augustin lawsuit. I found this interesting, since Josephine, with the assistance of Jean Pierre, was the one assigned his primary care when he aged.
It was evident that Ursin had other children, who were not “legitimate.” The exact number and names are not recorded. The name Lewis, shown in the above image, is not shown anywhere else as a child of his and I’ve found no other documents substantiating that, such as a death or baptism certificate. So, I haven’t placed him on my tree as a child of his.
His Last Days
Constance is on the 1880 census. This is the last time I see her, and she’s not spoken of when Alfred talked about the care of Ursin or their moving in the 1890s. So, I believe she passed away between 1880 and 1890.
Ursin’s last years were spent confined to his bed under the care of his daughter, Josephine. His sons testified that he was “not sick,” just in bed due to old age. His son, Jean Pierre, came almost daily and helped Josephine with his father. They lived in Ursin’s house until they moved from “the bayou” to “up the hill” at Feral Regard’s place. When they moved further away from him, Jean Pierre, still came two to three times a week and often came and spent weekends to aid in nursing Ursin. Seven years later they moved to Cotes des Gremillion, where they’d lived several months before Ursin died.
Without any formal education, and passed his working prime, Ursin had purchased and maintained a plantation for himself and his family for many years and still had ten acres of it when he died. His commitment to his family can also be seen when he executed a contract with his son Jacques, when he himself was having financial problems.
Ursin was buried [22]October 5, 1901, at St. Paul Catholic Church in Mansura, Louisiana.
The Next Blog
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Sources
[1] Louisiana Black Code, Art. 182, https://www.accessible-archives.com/2011/08/law-of-slavery-in-the-state-of-louisiana/
[2] Alberta Ducote, Hydropolis Baptisms 1845-1850, Slaves, page 87, Avoyelles Publishing, Mansura, Louisiana, 1994
[3] Alberta Ducote, “Early Baptism Records, St. Paul the Apostle Church 1824-1844,” page 169, Avoyelles Publishing Company, Marksville, Louisiana
[4] Cathy Lemoine Sturgell, Martin Dufour I, http://louisianalineage.com/b108.htm#P216
[5] Willie Ducote, Hydropolis Burials 1850-1859 Book II, Funeral Registry, St. Paul the Apostle Catholic Church of Mansura, Page 2, Baton Rouge, Louisiana
[6] Avoyelles Parish, Louisiana, Succession of Zenon Lemoine, Avoyelles Parish Archives, Marksville, Louisiana.
[7] Louisiana Secretary of State, Louisiana Death Records, Carmouche, Josephine A., Volume 1, page 71, Avoyelles Parish, https://www.sos.la.gov/HistoricalResources/ResearchHistoricalRecords/LocateHistoricalRecords/Pages/LouisianaDeathRecords.aspx
[8] Pointe Coupée Parish, Land and Probate Records (original acts) 1771-1839, 1862-1866 Inventory of the property & effects included in the succession of the late Mr. Charleses Dufour, 19 April 1809, LDS Film 0876569, Family History Center, Fort Worth, Texas
[9] Avoyelles Parish, Louisiana, Ear and Brand Book, page 314, Avoyelles Parish Courthouse, Marksville, Louisiana
[10] Avoyelles Parish, Louisiana, Auguste Augustin et al. vs. Alfred Carmouche, Avoyelles Parish Archives, Marksville, Louisiana
[11] Avoyelles Parish, Louisiana, Auguste Augustin et al. vs. Alfred Carmouche, Avoyelles Parish Archives, Marksville, Louisiana.
[12] Louisiana Secretary of State, Louisiana Death Records, August Augustin, Volume 22, Page 11059, Avoyelles Parish https://www.sos.la.gov/HistoricalResources/ResearchHistoricalRecords/LocateHistoricalRecords/Pages/LouisianaDeathRecords.aspx
[13] Avoyelles Parish, Louisiana, Joseph Moncla to Ursin Augustin, Conveyance Book JJ, page 756, Avoyelles Parish Courthouse, Marksville, Louisiana.
[14] Avoyelles Parish, Louisiana, Joseph Moncla vs Ursin Augustin, No. 6517, Filed September 28, 1881, Avoyelles Parish Archives, Marksville, Louisiana
[15] Avoyelles Parish, Louisiana, Ursin Augustin pére to Auguste Augustin, Conveyance Book UU, No. 6466, page 666-668, Avoyelles Parish Courthouse, Marksville, Louisiana.
[16] Avoyelles Parish, Louisiana, Ursin Augustin pére to Eli Johnson, Conveyance Book UU, No. 6467, page 668-670, Avoyelles Parish Courthouse, Marksville, Louisiana.
[17] Avoyelles Parish, Louisiana, Ursin Augustin pére to Alfred Carmouche, Conveyance Book UU, No. 6469, page 672-674, Avoyelles Parish Courthouse, Marksville, Louisiana.
[18] Avoyelles Parish, Louisiana, Ursin Augustin pére to André Augustin, Conveyance Book UU 6468, page 670-672, Avoyelles Parish Courthouse, Marksville, Louisiana.
[19] Avoyelles Parish, Louisiana, Ursin Augustin pére to Jean Pierre Augustin, Conveyance Book UU 6471, page 677-679, Avoyelles Parish Courthouse, Marksville, Louisiana.
[20] Avoyelles Parish, Louisiana, University of Louisiana at Lafayette, Avoyelles Parish Colonial Records (digitized) Collection 192A, Jacque Augustin and Ursin Augustin [Contract](Book 31, Folio 185), No. 896, 3 Aug 1883 https://library.louisiana.edu/collections/collection-129A?fbclid=IwAR1gKw7N_cIJW6j5LXyrQV43MAUTY6lbapJnE7W0K4n3ZtkYir90PzmFLS0
[21] Avoyelles Parish, Louisiana, Ursin Augustin Sr. to Auguste Augustin & others, Conveyance Book FFF, pages 269-270, Avoyelles Parish Courthouse, Marksville, Louisiana.
[22] Avoyelles Parish, Louisiana, Avoyelles Parish St. Paul’s, Mansura, Louisiana, Burial Register 1886 – 1905, Page 27.
Susane, thank you for sharing your family research , tips, and document sources. Much appreciated. I see some of those surnames among my dna matches! My mother , a Pointe Coupee native, father from Port Hudson.