F 417 .C5 C68 Copy 1 TITLE PAPERS THE GLAMORGAN GRANT, OF 536,904 ARPENS OF ALLUVIAL LANDS IN MISSOURI AND ARKANSAS NEW-YORK : PRINTED BV T. SNOWDEN, 58 WALL STREET. 1837. GLAMORGAN GRANT. In offering a portion of this valuable tract of land for sale, the proprietors do not deem it necessary to enumerate its advantages of situation, soil, and climate, as the papers sub- mitted herewith exhibit ev^ery thing necessary to be known in relation thereto. It may be proper to observe, that Don J. Glamorgan had two grants from the Government of Spain : this is the southern one, and the United States have thus far respected it, no surveys having been made within its limits. Papers 1, 2, 3, 4, exhibit the Title. Do 5, Deed of Trust, showing that the land is held in trust for the benefit of the proprietors. Recent judicial decisions establish the validity of this grant. See the following opinions of the Honorable DANIEL WEBSTER, of MassacJmsetfs. THOMAS EWING, of Ohio. SAMUEL L. SOVTUARD, of Nciv Jersei/. A. P. UPSHUR, of Virginia. JOSEPH M. WHITE, o/i^/om/a, and JOHN DUER, Esq., of New York. As to the value of the lands, see statements from the Honorable L. F. LINN, Senator, Missouri. A. Y. HARRISON, M. C. Missouri. JOSEPH KENT, Senator, Maryland. Major A. WHITMOR, Author of Gazette and Map of Missouri. EDWARD CRASS, Esq. Surveyor General of Arkansas. JOSEPH JONES, Esq. of Louisiana. It is proper to remark, that neither of these gentlemen have any interest whatever in this land. The Trustees are to act under the direction of William A. Bradley, and his associates for this object, to wit: Daniel Webster, and Stephen White of Boston, S. L. Southard of New Jersey, and Roswell L. Golt, of New York. THE GLAMORGAN GRANT OF ALLUVIAL LANDS, MISSOURI AND ARKANSAS. August 9, 1796. Charles Dehault Delassus, Lieutenant Governor of New Madrid and its dependencies, made a grant of land, now lying partly within the boundaries of Missouri, and partly in Arkansas, on the bank of the Mississippi, and running to the St, Francis, of which the follow- ing is a translation : No. 1. To Don Charles Dehault Delassus, Lieutenant Colonel of the stationary regiment of Louisiana, and Lieutenant Governor of Neic Madrid and dependencies, S^c. James Clamorgan, merchant, residing in the town of St. Louis, has the honor to represent that he has been strongly encouraged by his excellency the Governor General of this province to establish a rope manufactory, for the use of his Majesty's navy, and especially to supply the Havana, to which place his excellency wishes the peti- tioner should send the cordage, under his protection, conformably to the notice he has given you on that subject, in order that, in all cases, the petitioner should have recourse to your goodness, so as to be favored by all your power in an undertaking which may become very important to the prosperity of this dependency, and very pro- fitable hereafter to all the inhabitants of Upper Louisiana ; so much the more, as the petitioner being connected in correspondence and matters of interest with a powerful house in Canada, they may pro- cure hereafter a sufficient number of farmers to come to this coun- try and teach the cuhivation of hemp, and its fabrication into various kinds of cordage in the most perfect manner, thereby fulfilling the views of the General Government, which desires this undertaking to succeed by all just and honest means which it will be possible to use, in order to exempt his Majesty from drawing in future from for- eign countries an article so important in the fitting out of his navy. In hopes of obtaining this end, the petitioner has made the most press- ing demands to obtain from his correspondents in Montreal a consi- derable number of people fit for this cultivation, whom we are com- pelled by necessity to attract to this country, although, at present, political circumstances in Canada appear opposed to it; but in more peaceful times this object may indubitably be obtained. Meanwhile,' the petitioner is obliged to secure beforehand a title from you, sir, which will guaranty to him the property of a quantity of land proportionate to his views, in order to make an extensive establishment as soon as circumstances will appear favorable to his undertaking, and when his correspondents will be able, without con- flicting with their sense of duty, to cause to emigrate to this country the number of people necessary to give a start to this culture, so much desired by the Government. Considering the above statement, sir, and in consequence of the particular recommendations of his excellency the Governor General of the province, the petitioner hopes that you will condescend to grant him the quantity of land he wishes to obtain, as well to favor him in the execution of all that may contribute in future to the pros- perity of his project, as to facilitate to him the means to attract hereafter, from a foreign country, an emigration of cultivators, whe may not be obtained, perhaps, but after a considerable lapse of time, and by promises of rewards which the petitioner shall be obliged to fulfil. Therefore, he supplicates you to grant him, in the name of his Majesty, the tract of land which lies on the western side of the river Mississippi, beginning at the place which is opposite the head of an island situated at about one hundred arpens below the Little Prairie, which lies at the distance of about thirty miles below the village of New Madrid, in descending the current, and continuing to descend it until one is placed (on the same western side) right oppo- site the outlet commonly known under the name of river a Carhono^ the mouth of which is on the eastern side of the Mississippi ; so that from the said place, situated, as aforesaid, opposite the mouth of the above-mentioned river Carhono, a line be drawn, running toward the southwest, or thereabout ; said line shall be drawn parallel to the one which is to be drawn from the place situated opposite the head of the island lying, as hereabove stated, at about one hundred arpens below the said Little Prairie ; these two said lines shall run, in the depth, in a southwestern direction, or thereabout, and shall be the boundaries of each of those two opposite sides, until the extremities of the said two lines be sufliciently prolonged in the said direction, so as to reach tho banks of the branches of the river St. Francis the most distant from tlie Mississippi ; which banks of said branches of river St. Francis shall be the boundary and limit to the third side of the land demanded, and the banks of the Mississippi shall be the fourth (side of the same,) to begin from the head of the aforesaid island of the Little Prairie, and descending the current, on the western side, until the place situated opposite the said river, called river d Carhono ; in order that, as soon as it is in the petitioner's power, he may select and improve, within the said tract now solicited for, the land which is most suitable for the cultivation of hemp. A great part of this tract being overflowed by ponds and impracticable low swamps, it will prevent the improving of the whole, in all its extent; and the petitioner is to enjoy the whole and dispose of the same for ever, as of a property belonging to him, his heirs or assigns; and even to distribute the said lands, or part of them, if he thinks proper, in favor of such person or persons whom he may judge fit, in order to attain, as much as in his power lies, the accomplishment of his project. And the petitioner shall never cease to render thanks to your goodness. Done at New Madrid, this 1st day of August, 1796. (Signed) J. GLAMORGAN. New Madrid, August 9, 1796. Having examined the statement contained in this petition, being satisfied as to the means of the petitioner, and his new partnership with the house of T^odd, which may facilitate to him the accomplish- ment of his intended^undertaking; the profits of which, if it succeed, will devolve in part to the benefit of this remote country, so misera- ble on account of the actual want of population ; due attention being paid to the particular recommendations made to me by the Baron de Carondelet, Governor General of these provinces; (attando ha tenido a bien nombrar de Comandante de este puesto y sus depen- dencias "de buscar . . . . ) [supposed meaning;] considering that he thought fit to recommend to the Commandant of this post and dependencies to seek, by all means, the mode of increasing the popu- lation, and of encouraging agriculture in all its branches, and espe- cially that of hemp. It appearing to me that what tho petitioner proposes will contribute to the attainment of this last recommenda- tion, I do grant to him and his heirs the land he solicits, in the place where and under the same terms he asks the same, provided that it is not prejudicial to any person. And when he establishes the said land, he shall have it surveyed, not compelling him to have it done immediately, as its extent is so considerable that it would occasion a ruinous expense to Iiim, if he was to execute said survey before the arrival of the families which he must send for to Canada; but as soon as they arrive, and he settles them on said land, he shall have to secure his property, by having the same surveyed, in order, after- wards, to have recourse to the Governor General, to obtain the ap- probation and the title, in form, for this his concession. (Signed) CAULOS DEHAULT DELASSUS. Recouder's Office, St. Louis, September 21, 1836. I certify the above and foregoing to be truly translated from the original filed in this office. JULIUS DE MUN. February, 1806. Glamorgan caused the grant to be surveyed, and the survey to be recorded. By this survey, the tract was found to contain 536,904 arpens 29 perches. No. 2. [See annexed plat of survey.] <:oo joo lOoArpens '0 ^^(iv^Tpens ™" ' ' " ' ""'"^ oriOOOTerchts 4J8J)63 .teres ISJota ThiA Surrey is hiseeted hyihe lint: hehveen ^is^'-iouri & Arkansas . ilu CIoLNwrqan G-rarit takes m Poi/ite aiisc AUses. l.uh i.- ji',V'-^. " W'lir St. . v>: Territory of Louisiana, district of New Madrid: I do certify that the ahove plat represents a tract of land contain- ing four hundred and fifty-eight thousand nine hundred and sixty- three acres, or five hundred and thirty-six thousand nine hundred and four arpens twenty-nine perches, lying on the forks of the St. Francis river, miles below the Little Prairie, surveyed by me from the 30th of January last to the 12th of the present month, for, and at the request of, James Glamorgan, who claims the same under a Spanish title : beginning at two large sycamores, marked C, on the bank of the Mississippi, running up the same, and following the meanders thereof, to a large cotton wood and two sycamores, marked C, on the bank, at one hundred and ninety-five poles west, and five thousand eight hundred and forty-seven poles north from the beginning, and crossing the river Pcmiscoe,. near the mouth thereof; then from the cotton wood and two sycamores aforesaid, opposite the middle of the Island au Potin, running S. 45^^ W. 2504 poles, to a sycamore and pecan wood, on the bank of Pcmiscoe, after crossing the same at 1056 and at 303G poles ; thence N. 45° W. 1734 poles, to two elms, marked C, after crossing Peraiscoe at 670 and 1020 poles; thence S. 45^^ W. 6023 poles, to the middle fork of St. Ff ancis, running east of south, crossing the same ; and from thence, keeping the same course, 3710 poles to a sycamore and hackberry on the south bank of the last fork of St. Francis river, running south- cast; thence S. lO'' W. 6572 poles down the said fork, crossing the same several times, to a sycamore and willow,^ marked C, on the bank of the river; and from thence to the beginning. (Signed) R. A. NASH, Deputy Surveyor. St. Louis, Fch. 28, 1806. Received for record. (Signed) ANTOINE SOULARD, Sur. Gen. for the Territory of Louisiana. Recorder's Office, St. Louis, Missouri, Sept. 22, 1836. I certify the above plat and certificate of survey to bo truly copied from book C. pages 183 and 184, of record in this office. F. R. CONWAY, Recorder of land titles in the State of Missouri. May 2, 1809. Claraorgan conveyed the tract to Pierre Chouteau. No. 3. Sachent tous ceux qui ces presentes verront que moi Jacques Gla- morgan demeuranten la ville et district de St. Louis, Territoire de la Louisianne, pour prix et consideration de la somrae de quinze cents piastres qui ni'a 6t6 bien et duement payee par M. Pierre Chouteau du dit lieu ainsi que je le reconnais par ces presentes et de laquelle somme je le tiens, quitte et decharge lui ses heirs ou ayant causes j'ai cejourd hui vendu, ced6, quitte, delaisse, aban- donn6 et transporte comme de fait, et par ces presentes je vends, cede, quitte, delaisse, abandonne et transporte au dit Sieur Pierre Chouteau, ses heirs ou ayant causes un certain morceau de terre, contenant cinq cent trente-six mille neuf cent quatre arpens vingt neuf perches en superficie, situe sur le fleuve Mississippi, district de la Nouvelle Madrid, front au dit Mississippi au has de I'endroit ap- pelle la Petite Prairie, et par derri^re a la fourche ouest de la ri- viere St. Frangois, et des deux cotes ou domaine la quelle terre m'appartient comme m'ayant ete concedee par Don Charles Dehault Delassus, lieutenant governeur de la Nouvelle Madrid et dependan- ces, le neuf, Aout, mil sept cent quatre vingt seize, et arpentee du 30 Janvier du 12 Fevrier, 1806, ainsi qu'il est amplement constat^ par I'enregistrement des dites pieces en I'office du Recorder, pour les reclamations de terres de ce territoire, Livre C, page 181, et suivantes. Promettant garantir, et preserver la dite terre de tout troubles, dons, dettes, douaires hypoteques et autres emp^chements g^n^ralement tant de ma part que de celle de mes heirs, executors, ou adrainistrateurs, pour que le dit Sr. Pierre Chouteau, ses heirs ou ayant causes, en jouir, faire, et disposer, au son gre et volonte, et comme de chose a lui appartenante et par lui legitiment acquise a commencerla jouissance dfes ce jourd'hui. En foi dequoij'ay sign6 et scelle ces presentes, en la ville, district, et territoire ci-dessus ce deuxieme may de I'annee de notre seigneur mil huit cent neuf. J. CLAMORGAN. [l. s.] Signe et scelle en presende de ALEXANDER PAPIN. M. P. LEDUC. Louisiana Territory, ) . district of St. Louis, } Before me, the subscriber, one of the Judges of the Court of Com- mon Pleas for the district of St. Louis, personally came the above- named James Glamorgan, wlio acknowledged the within instrument of writing to be his free and voluntary act and deed, hand and seal, for the purposes therein mentioned ; and, as such, desired the same to be recorded. Given under my hand and seal, the day of the date of said act and deed. AUGUSTE CHOUTEAU, [l. s.] Territory of Missouri, ) , couniy of New Madrid, ) On the 27th day of December, in the year 1814, received for, and the same recorded, the witbim instrument of writing, together with its endorsement, in record-Jiook No. 5, and pages 273 and 274, as attested by RICHARD H. WATERS, Clerk C. C. P. N. M, county. Truly copied from the original presented to me by Pierre Chouteau, -and by him retained; of which I cert^fy. M. P. LEDUC. St. Louis, Decemher 2, 1836. No. 4. This deed, made this first day of June, in the year of our Lord, one thousand eight hundred and thirty-seven, between Pierre Chou- teau and Maria P. Leduc, of the county of St. Louis, and state of Missouri, and John Glenn and Charles M. Thruston, of the state of Maryland, Trustees for the purposes mentioned in declaration of trust, executed on the 21st day of February, 1837, witnesseth that tlie said Pierre Chouteau and Marie P. Leduc, for, and in conside- ration of the sum of fifty-three thousand six hundred and ninety- nine dollars ($53,699) in hand, paid at and before the sealing and delivery of these presents, have granted, bargained, and conveyed, and by these presents do grant, bargain, and convey unto the said John Glenn and Charles M. Thruston, their successors and assigns, forever, all that certain tract, piece, or parcel of land, lying and be- ing situated in the county of Madrid, State of Missouri, and extend- ing into the State of Arkansas, and bounded as follows, to wit : be- ginning on the western side of the River Mississippi, at the place which is opposite to the head of an island, situated at about one hundred arpens below the Little Prairie, which lies at the distance of about thirty miles below the village of New Madrid, in descend- ing the current and continuing to descend it until one is placed (on the same western side,) right opposite the outlet commonly known under the name of River 4 Carbono, the mouth of which is on the eastern side of the Mississippi, so that from the said place situated 2 10 as aforesaid, opposite the mouth of the above-mentioned River Car- bono, a line be drawn, running'toward the southwest or thereabout; said line shall be parallel to the one which is to be drawn from the place situated opposite the head of the island lying as hereabove stated, at about one hundred arpens below the said Little Prairie, these two said lines shall run, in the depth, in a southwestern direc- tion, or thereabout, and shall be the boundaries of each of those two opposite sides, until the extremities of those two said lines be suffi ciently prolonged in the said direction, so as to reach the banks of the branches of the River St. Francis, the most distant from the Mississippi ; which banks of said branches of River St. Francis, shall be the boundary and limits to the third side of the land de- manded; and the banks of the Mississippi shall be the fourth, to begin from the head of the aforesaid Island of the Little Prairie, and descending the current on the western side, until the place situ- ated opposite the said river, called River 4 Carbono, and which tract contains about five hundred and thirty-six thousand nine hundred and eighty-nine arpens, French measure, be the same more or less, as appears by a survey thereof made by the proper officers in the month of January, 1806, and certified as received for record by the Surveyor General of the District of Louisiana, on the 28th day of February, 1806, and was granted by the Spanish Government in upper Louisiana, represented by Don Carlos Dehault Delassus, the then commandant of New Madrid and its dependencies, to Jacques Glamorgan and his representatives; and said concession, survey, and tract of land have been duly conveyed for valuable consideration to the said Pierre Chouteau and Marie P. Leduc. To have and to hold the said granted bargained and sold premises, together with all and singular, the privileges thereunto appertaining, unto them the said John Glenn and Charles M. Thruston, their successors and assigns, for the purposes in the said declaration of trust mentioned, free from the claim or claims of the said Pierre Chouteau and Marie P. Leduc, or any person or persons claiming by, through, or under them. The words " conveyed" and " convey" written or erasures before signing. In witness whereof, the parties to these presents have hereunto set their hands and seals, on the day, mouth and year first above written. PIERRE CHOUTEAU, [l. s.] (Witness M. P. LEDUC, [l. s.] GEORGE F. STROTHER. State of Missouri, > county of St. Louis, ) Be it remembered, that on this first day of June, in the year of our 11 Lord one tliousand eight hundred and thirty-seven, before me, Henry Chouteau, Clerk of the County Court for the county aforesaid, which said court is a Court of Record, personally appeared Pierre Chou- teau and Marie P. Leduc, both of whom are personally known to me to be the persons whoso names are subscribed to the foregoing instruments of writing, as parties thereto, and acknowledged the same to be their act and deed severally, for the purposes therein mentioned. In testimon)' whereof, I have hereunto set my hand, and affixed the seal of said court at office in the City of St. Louis, county and state aforesaid, the day and year above written. HENRY CHOUTEAU, Clerk, [l. s.] United States of America, ^ State, City and County of > ss. New York. ) Be it known that I, John H. Magher, a Public Notary for the State of New York, duly commissioned and sworn, dwelling in the City of New York, do hereby certify, that the within written document, purporting to be a copy of an original deed and certificate of ac- knowledgement thereof, is a true copy of the original thereof in the hands of William A. Bradley, Esq., by me this day collated and compared, and found to agree therewith. In testimony whereof, I have hereunto subscribed my name, and affixed my Notarial seal of office, the day and year above written. JOHN MAGHER, [l. s.] Notary Public. February, 21, 1837. Deed of declaration of trusts, by John Glenn and Charles M. Thruston. No. 5. Whereas Charles Dehault Delassus, Lieutenant Governor of New Madrid and its dependencies, (including what is now part of Mis- souri and part of Arkansas,) on the ninth day of August, Anno Do- mini 1796, made a grant or concession of a tract of land lying on the Mississippi, and running back to the river St. Francis, and the furthest or most westerly branch thereof, according to boundaries and description in the said grant contained and expressed, unto James Glamorgan, of the city St. Louis ; and whereas afterwards, to wit : in February 1806, the said Glamorgan caused the said tract to be surveyed ; and, on said survey, it was found to contain the quantity of five hundred and thirty-six thousand nine hundred and 12 four arpena and twenty-four perches, which survey was thereupon duly recorded. And whereas afterwards, to wit : on the second day of May, Anno Domini 1809, the said Glamorgan sold and conveyed said tract to Pierre Chouteau, his heirs and assigns ; and whereas af- terwards, to wit: on the sixth day of October, Anno Domini 1820, the said Pierre Chouteau sold and conveyed one hundred thousand arpens of said tract undivided, or an undivided fifth thereof, to George F. Strother, Esq., of the city of St. Louis ; and whereas, on the eighth day of November, Anno Domini 1836, the said Chou- teau, by his power of attorney, authorized and empowered said George F. Strother ta sell and dispose of the whole of the residue of said tract still belanging to said Chouteau ; and whereas, by vir- tue of said power, and as attorney to said Chouteau, the said Strother, on the fourteenth day of February,. Anno Domini 1837, entered into an agreement with John Glenn and Charles M. Thruston, of the State of Maryland, for the sale of the residue of said tract; and whereas the said Strother, on the same day, sold and conveyed twenty thousand arpens, part of his aforesaid one hundred thousand arpens, to the said Glenn and Thruston ; and whereas said Strother, on the same day, farther agreed with said Glenn and Thruston, that, should a company be formed for the disposing of said grant, he would convey his remaining eighty thousand arpens, to form part of the company property ; he to have an interest in the whole, propor- tionate to the number of arpens so by him conveyed; To all which grants, surveys, powers of attorney, sales, conveyances, agreements, and other instruments, reference is hereby made for more particular information. Now, know all men by these presents, that the said Glenn and Thruston do hereby acknowledge and declare, that they have re- ceived said conveyances and entered into the contracts and agree- ments aforesaid as trustees : that they hold the land granted, and also the contracts and agreements aforesaid, in trust for William A. Brad- ley, Esq., of Washington, and his associates, the original purchasers of said Strother, and contractors with him in his own behalf, and in behalf of said Chouteau ; and the trusts created and intended to be created thereby, are declared to be as follows : 1^ That the said trustees shall comply with the agreement entered into with said Strother, as attorney for said Chouteau, and obtain from said Chouteau a regular conveyance of his remaining intierest in the grant ; and in like manner take a conveyance of the remaining inter- est of the said Strother in said grant. The lands thus conveyed to be holden subject to the particular trusts hereinafter declared^ that is to say — 2. The said trustees to hold said title, to protect said tract flom trespass and mtnision ; to cause the same to be surveyed into divi- sions and parcels suitable for sale, and to sell and dispose of the same for the benefit of those interested. The said Slrother to be inter- ested in the whole, in proportion to his eighty thousand arpens ; and the whole of the remaining interest tobelong to said William A. Brad- ley and his associates.. 3. For the more convenient ownership of the property, it shall be regarded as a joint stock, in trust ; and the equitable and beneficial interest shall be divided into five hundred and thirty-six (536) shares, each share representing one thousand arpens and a fraction. For these shares certificates shall be issued, signed by the trustees, which shall be assignable, and shall be in such form as the trustees shall see fit. Bu4: certificates shall not be issued until the purchase money becoming due to said Chouteau, according to the contract made with him through his attorney, the said Strother, shall be paid or amply secured ; so that the right and interest expressed io each certificate shall be free and clear from any charge or deduction on account of the purchase money for the tract. 4. As further and more particular provisions may become neces- sary, if the proprietors should sell the land for settlement ; and as it may also be judged expedient to sell and dispose of said tract, or some large part thereof, to other proprietors, before proceeding to survey and sell the same in lots or parcels, it shall, in such case, be the duty of the said trustees, on request, to make such further decla- ration of the terms on which they are to hold the said tract, or to execute such conveyance thereof, or any part thereof, to other pro- prietors, as the said William A. Bradley and his associates may rea- sonably require. Provided, That nothing in the foregoing third article contained shall prohibit the said trustees from issuing and selling such quanti- ties of said certificates as may be necessary to raise the sum required to fulfil the contract with the said Chouteau. Ill witness of all which we have hereunto set our hands and seals, this twenty-first day of February, Anno Domini, 1837, JOHN GLENN, [l. s.] CHS. M. THRUSTON, [l. s.] CLAMORGAN'S TITLE TO LAND ON THE MISSISSIPPI. MR. WEBSTER'S OPINION. CASE. On the first day of August, 1796, James Claraorgan, a merchant residing at St. Louis, addressed a petition to Charles Dehault De- lassus, at that time the Spanish Lieutenant Governor of New Mad- rid and its dependencies, (including what is now part of Missouri and part of Arkansas,) praying for a concession or grant of land. The petition sets forth, that the petitioner had been encouraged by the Governor General of Louisiana, at that time the Baron de Caronde- let, to undertake to establish a rope manufactory for the use of his Majesty's navy, and to bring farmers from Canada to teach the cul- tivation of hemp ; that the petitioner was obliged, beforehand, to secure a title, which would guaranty to him the property of a quan- tity of land, proportionate to his views, in order to make an extensive establishment, so soon as circumstances should favor the undertaking; the political state of things existing at that time, being such as to op- pose the obtaining of farmers from Canada, but the petitioner hoping to be able to obtain them in times more peaceable : He therefore solicits the grant of the following described tract of land, viz : " the tract of land which lies on the western side of the river Mississippi, beginning at the place which is opposite the head of an island situated at about one hundred arpens below the Little Prairie, which lies at the distance of about thirty miles below the vil- lage of New Madrid, in descending the current, and continuing to descend it until one is placed (on the same western side) right oppo- posite the outlet commonly known under the name of river a Carbono, the mouth of which is on the eastern side of the Mississippi ; so that, from the said place, situated as aforesaid, opposite the mouth of the above mentioned river Carhono, a line be drawn running toward the southwest or thereabout, said line shall be drawn parallel to the one which is to be drawn from the place situated opposite the head of the island lying, as hereabove stated, at about one hundred arpens below the said Little Prairie; these two said lines shall run in the depth, in a southwestern direction or thereabout, and shall be the boundaries of each of those two opposite sides, until the extremities of the said two 15 lines be sufficiently prolonged in the said direction, so as to reach the banks of the branches of the river St. Francis the most distant from the Mississippi ; which banks (of said branches) of river St. Francis shall be the boundary and limit to the third side of the land demand- ed ; and the banks of the Mississippi shall be the fourth, (side of the same,) to begin from the head of the aforesaid island of the Little Prairie, and descending the current, on the western side, until the place situated opposite the said river, called river a Carbono,''^ to the end that he may select and improve, within said tract, the land most suitable for the cultivation of hemp ; the whole not being capable of improvement, a large part being overflowed by ponds and impracti- cable low swamps; but the petitioner to enjoy the whole tract, and dispose of the same for ever, as property belonging to him, his heirs and assigns, with power to convey the said land, or any part thereof, to whomsoever he may see fit. On the 9th day of the same August, the Lieutenant Governor, De- lassus, issued his grant, or concession, to the petitioner, reciting that the petitioner's statement had been examined, that he was satisfied as to his means and ability for carrying on the undertaking, and that the province would derive benefit therefrom ; and, paying due atten- tion to the recommendation of the Baron de Carondelet, the Govern- or General of the province, he proceeds to declare that he grants the tract asked for to the petitioner, and his heirs, in the place and under the terras asked for, provided the grant be not prejudicial to any other person ; the grantee to have the land surveyed, but not be- ing compelled to survey it immediately, the extent being so consider- able that the survey would incur a great expense ; but when the ex- pected farmers from Canada should arrive, the land to be surveyed, in order that the grantee might obtain from the Governor General regular confirmation of his title. The continuance of hostilities between Spain and England pre- vented Glamorgan from obtaining his farmers from Canada, and commencing the cultivation of hemp, until the whole province of Louisiana was transferred, first by Spain to France, and afterwards by France to the United States ; so that it was impracticable for him to comply with the condition oi to fulfil the public objects of the grant. No subsequent confirmation of the title was ever obtained from the Governor General, and no attempt ever made by him, or any other Spanish authority to reannex the land to the royal domain, either for want of compliance with the conditions, or any other cause. Glamorgan caused the land to be surveyed, in February, 1806, and the grant and survey to be recorded, according to the provisions of the act of Congress of March 3d, 1805. 16 Claraorgan, on the 12th day of May, in the year 1809, conveyed the tract, by regular deed, duly executed and recorded, to Pierre Chouteau. A petition was filed in this claim, in the District Court of Missouri, against the United States, under the provisions of the act of Congress of the 26lh May, 1824, but was abandoned, in consequence of the decision of that court, rejecting the claims of Soulard, and several other claimants, on the general ground that the Lieutenant Govern- ors, under the Spanish authority, were not authorised to make grants of land. This decision was of course conclusive, so far as that court was concerned, on the claim founded on Clamorgan's grant. All further prosecution of the claim therefore, in that court, was aban- doned; and the same course was adopted in regard to very many other claims, founded,, in like manner, on grants made by the Lieu- tenant Governors. The decision of the District Court, however, was brought up to the Supreme Court of the United States, and there reversed ; the Su- preme Court being of opinion that the Lieutenant Governors were authorised, by the laws, customs, and usages of >Spain, to make grants of land. The first decision of the Supreme Court, en any of these claims, reversing the judgment of the District Court, on the ground above mentioned^, was pronounced January term, 1835. By this time the period limited for bringing suits by petition against the United States, in the District Court of Missouri, had long since expired ; having been limited by the act of May 24, 1828, to the 26th of May, 1830. On the 9th of July, 1832, Congress passed an act for the final ad- justment of private land claims in Missouri^ appointing a board of commissioners, and making it their duty to examine all unconfirmed claims, filed in the recorder's office according to law, founded upon any incomplete grant, concession, award, or order of survey, issued by the authority of France or Spain, prior to March 10, 1804. This act originally limited the time for presenting claims, to twelve months ; it was extended by the act of 2d March, 1833, to two years from the date of the said act, and has not been longer continued in force. On the claims presented to it, the board was to decide, and report its decisions to Congress. Before this board were presented many or all the cases which had been abandoned in the District Court, in consequence of the decision of that court in the cases of Soular, De- lassus, and others; and among the rest, this grant to Glamorgan was presented. 17 Several of these claims were allowed by the commissioners, and have since been confirmed by act of Congress; but the present claim was disallowed by the board, on the 26th of August, 1835, " the board being unanimously of opinion that it ought not to be confirmed, the conditions not having been complied with." OPINION. I entertain no doubt of the legal validity of this grant. Cases have beenrecently decided by the Supreme Court upon rights asserted un- der the treaty with Spain of the 22d of February, 1819, for the ces- sion of Florida, and that with France of the 10th of April, 1803, for the cession of Louisiana, which appear to me to settle, conclusively, all the material points connected with it. By the first mentioned treaty, Spain ceded to the United States the Territories of East and West Florida, the adjacent islands de- pendent thereon, and all public lots, squares, vacant lands, public edi- fices, fortifications, barracks, and other buildings, which are not pri- vate property ; and, in the 8th article, it is stipulated that all grants made before the 24th of January, 1818, by the King, or his lawful authorities, shall be ratified and confirmed to the persons hi posses- sion of the lands. The treaty with France, for the cession of Louisiana, declares, in the 2d article that the cession shall include all public lots and squares, vacant lands, and all public buildings, fortifications, barracks, and other edifices, lohich are not private property ; and, in the 3d article, that the inhabitants of the ceded Territory shall be incorporated into the Union as soon as possible, and admitted to all the rights of citi- zens of the United States ; and, in the mean time, shall be maintain- ed in the free enjoyment of their liberty, property^ and the religion which they profess. These several stipulations have been the subject of laborious and careful judicial consideration. Rights, claimed under them, have been brought before the Supreme Court, and fully established by its judgment. That Court has decided that, by these treaties, the United States acquired no right to lands to which individuals had previously obtain- ed title, tvhether that title was perfect or imperfect, complete or in- choate ; that grants, or concessions, from the former Governments, are to be construed in their broadest sense, so as to comprehend all lawful acts which transfer a right of property, whether perfect or im- perfect ; that an inchoate or imperfect right to land, is property, pro- tected by the treaties, capable of being alienated, and subject to debts, and to be held as sacred and inviolable as other property ; that the 3 18 clauses of confirmation, in the treaty with Spain, operate presently and immediately on the ratification of the treaty, requiring no future or subsequent confirmation by Congress ; that these claims confer ti- tles to the person in possession of the lands, and that this possession does not mean actual occupation, but only that legal seisin which the owner or grantee of lands is presumed to have whenever there is not an actual adverse possession. The court has decided, also, that, according to the laws and usages of Spain, the Lieutenant Governors of provinces had authority to make grants or concessions of land, and have confirmed grants made by such Lieutenant Governors in many cases. The commissioners have also reported many grants for confirniation, made by Dclassus, as Lieutenant Governor,, and Congress has confirmed those grants. With respect to the non-performance of conditions, the point on which the commissioners rejected this claim, the Court have said that, in all the cases which have come before them,.they have seen no evi- dence of the resumption of a grant, by the Spanish authorities, or at- tempt to make a second grant of the same land, on account of failure in performance of conditions; nor does any law of Congress intimate any policy or purpose, on the part of the United States, as successor to the Spanish Govern njent, to enter for condition broken, on any lands, granted bona fide, by the Spanish authorities.^ But however this might be, when the conditions were practicable, and might have been performed, the Court has expressly decided that the grant is good, although the conditions be not complied with, if the conditions became impracticable or nugatory, by the act of the grantor, the transfer of the territory, the change of government, manners, habits, customs, lawss.religions, or political relations. These decisions would seem conclusive on the general validity of this grant. It may be sa- tisfactory, however, to quote a part of the judgment of the Court, in its own words, in the case of Delassus, the first of the Missouri cases in which judgment was delivered. The opinion was unanimous, so far as appears, and was delivered by Chief Justice Marshall. Having cited the articles of the treaty of 1803, to which I have already referred, the Chief Justice says : ' They extend to all property until Louisiana shall become a mem- ber of the Union ; into which the inhabitants are to be incorporated as soon as possible, ' and admitted to all the rights, advantages, and immunities of citizens of the United States.' That the perfect invio- lability and security of property is among these rights, all will assert and maintain. " The right of property, then, is protected and secured by the trea- ty ; and no principle is better settled in this country, than that an in- choate title to lands is ppoperty. 19 " Independent of treaty stipulations, this right would be held sa- cred. The sovereign who acquires an inhabited territory, acquires full dominion over it ; but this dominion is never supposed to divest the vested rights of individuals to property. The language of the treaty ceding Louisiana excludes every idea of interferring with pri- vate property ; of transferring lands which had been severed from the royal domain. The people change their sovereign. Their right to property remains unaffected by this change." It may, perhaps, be suggested that the right of the grantee, or those claiming under him, is defeated, or divested, or barred, or in some other way injuriously affected, by the fifth and seventh sections of the act of Congress of 1824, before referred to, for adjusting land claims in Missouri. The fifth section of that act is in these words : ** And be it farther enacted^ That any claims to lands, tene- ments, or hereditaments, vinthin the purview of this act. which shall not be brought by petition before the said courts, within two years from the passing of this act, or which, after being brought before said courts^ shall, on account of the neglect or delay of the claimant, not be prosecuted to a final decision within three years, shall be forever barred, toth at law and [in] equity; and no other action at common law, or proceeding in equity, shall ever thereaf- ter be sustained in any court whatever, in relation to said claims." The seventh section is in these words : " And he it further enacted. That in each and every case in which any claim, tried under the provisions of this act, shall be finally decided against the claimant ; and in each and every case in which any claim, cognizable under the terms of this act, shall be barred by virtue of any of the provisions contained th(irein, the land specified in such claim shall, forthwith, le held and taken as a part of the public lands of the United States, subject to the sam« disposition as any other public land in the same district." I cannot think that any thing contained in these sections can have the effect of divesting a vested right, or otherwise injuriously af- fecting it. These provisions may be valid, so far as they apply to the special and peculiar jurisdiction created by the act. Congress, by that act, consented that the United States should be sued ; and it possessed the power, doubtless, in granting this consent, to qua- lify or modify it, by any conditions which it saw fit to annex. Thus the right of trial by jury is not secured to parties who may elect to proceed before this tribunal. Yet no one will contend that Con- gress can take away the common right of jury trial from any citi- zen in cases affecting property. All the common tribunals, where trial exists, are still open to him. The truth would seem to be that, when this act was passed, an opinion prevailed that these 20 grants were of no value till confirmed by Congress, When these cases were first brought to the consideration of the Supreme Court, in 1830, they were argued at large, but held under advisement, until the Court should obtain such information as would enable it to distinguish between such cases as were founded on contract with ihe Government or its agents, and those which were still depen- dent on the pleasure of persons in power, and might be rejected, without violation of good faith. The act of 1824 evidently proceeds on the ground, as is quite apparent from the first section, that there was no fixed right until Congress should confirm the claim. It seems to have been sup- posed that those stipulations of the treaty with Spain, which re- spect the confirmation of grants, were promises only on the part of Government, that they acted only on the good faith of the Gov- ernment, and amounted fo no more than an undertaking that it would confirm such grants. But the Supreme Court has since de- cided, after repeated argument and much consideration, that this is not the true construction of the provisions of the treaty. It has adjudged that grants to individuals, made bona fide, and in the re- gular way, whether perfect or imperfect, complete or incomplete, ai'e property ; that the treaty, propria vigore, confirmed ihe grants, without the necessity of any further act or proceeding whatever on the part of Government ; that individual rights became thus com- pletely vested, and were thenceforward to be regarded as proper- ty, and held as sacred as any other property. And though the clause respecting the confirming of grants is not found in the trea- ty with France, yet, as has been seen already, the Court deems the provisions which that treaty does actually contain, to be entirely equivalent, and equally available for the protection of grants, whe- ther perfect or imperfect. Titles obtained under such grants are adjudged to constitute vested rights of property, entitled to all the immunities belonging to any other pioperty. If this be so, it is quite clear that property thus vested could not be divested by any effect which can be justly ascribed to the ope- ration of these sections in tbe act of May, 1824. This view of the case is strengthened by the consideration that Congress does not appear subsequently to have regarded these pro- visions as barring any right, legal or equitable. The law of 1833, making further provisions for claims of this character, makes no exceptions. It extends to all cases, and contains no intimation of any opinion on the part of Congress, that any of the claims were barred, or were to be excluded ; and when the commission- ers, acting under the law of 1832, allowed claims which, in respect to the law of 1824, stand on precisely the same ground as this, 21 and reported them for confirrnation, Congress confirmed them, without hesitation or qualification. And, in regard to the tract contained in this grant, the Government of the United States has not taken possession of it, nor sold it, nor surveyed it, nor exer- cised over it any act of ownership whatever. These facts are strong indications of the light in which Congress has viewed the provi- sions of the fifth and seventh sections of the act of May, 1824. I am of opinion, therefore, upon the whole, that the grant to Glamorgan is valid ; that the title claimed under it is fixed by the treaty, and is indefeasible ; that the decisions of the Supreme Court have estabished and sanctioned the grounds on which it rests ; and that there is nothing in any act of Congress which caa bar or preclude it- DAN'L. WEBSTER. February 14, 1837. I have examined and concur in the above opinion. T. EWING. I concur fully with Messrs. Webster and Ewing. S. L. SOUTHARD. New York, 14th Nov. 1837. Extract of a letter from Judge A. P. Upshur, dated 30th Sept. 1837. "It seems to me that there cannot be a reasonable doubt of the goodness of the title, our own judicial decisions have establisJied every principle necessary to confirm it. I can only express my entire concurrence with Mr. Webster and Mr. Ewing. I would not hesitate to purchase the claim through any doubt of the title." Extract from the opinion of J. M. White in relation to a like grant in Louisiana, but which contained conditions for a settle- ment of colonists. No such conditions are contained in this grant. " There is no principle of the Spanish law more clearly estab- " lished, than that a grant on conditions, cannot be vacated with- " out a peculiar process called denuncia, by which the Fiscal or •' Attorney General of the crown, summoned the grantee before '• the Tribunal, to show cause why his grant should not be set *' aside, which is similar to the inquest of office for a like purpose " in England. The title once separated from the Royal Domain, " by an order of survey, cannot be reannexed without this mode " of adjudication. 22 " It is a well ascertained faot that no such proceedings took *' place before the transfer of the Province to the United States, " and in the treaty of cession, private property was reserved and " protected. " The question then arises, was this private property at the date " of the cession ? This questiou was settled in the case of Soulard, " 4tli Peters, in which it was decided, that property in its en- " larged isignification, as used in the treaty, meant all titles, in- " choate, as well as perfect and equitable, as well as legal. " It is not competent for the United States to exact the perforra- " ance of conditions which the peculiar policy of another govern- " ment may have prescribed, and which may have been rendered " both impolitic and impossible, under our institutions and laws. " The treaty operated upon the property of the inhabitants, as it " existed at the time, and as no foifeitares had been attempted, " in the mode pointed out by the Spanish Laws, before the change " of sovereignty, the title became absolute in the Baron and his *' assignees and heirs. " I am therefore of opinion " 1st, That the grantee and those claiming under him, have a •' valid title to the lands contained within the order of surveying " and concession, " 2d. That this was his individual property at the date of the " treaty, and was protected and exempted from the cession by " the treaty itself, J, M. WHITE." I have examined with attention the title papers of the Glamor- gan grant, as the same are set forth in a printed pamphlet submit- ted to me by William A. Bradley, Esq., and also a conveyance from Pierre Chouteau, of the residue of the tract embraced in the said papers, and am of opinion that a good and indefeasible title to the land covered by the grant, is vested in the present trustees, John Glenn and Charles M. Thruston, and that a confirmation of the grant by Congress, is not necessary to its legal validity. JOHN DUER. Nov. 20, 1837. Washington, Feb, 24, 1837. Dear Sir : In reply to your query respecting the quality of the soil in the tract of land granted to Don Glamorgan, and now owned by Mr. Chouteau, a iew words will suffice. Much of this land is not subject to overflow, but much is covered with swamps heavily timbered. The soil is of the richest kind, and if the 23 whole tract could be reclaimed from morass, and it will be, it would be worth millions of dollars; I say nothing of title. Yours truly, L. F. LINN. ■* The Honorable A, G. Harrison concludes a long letter descrip- tive of the grant, in these words. " I will conclude by saying, ♦' that the claim, if it should prove to be a good one, is one of the " most valuable that was ever made by the French or Spanish " authorities." Governor Kent, who is new Senator from Maryland, has made a settlement about fifty miles below this tract, and has just returned from a visit to it. Ron Mount, Jum 15, 1837. My Dear Sir: I duly received your late favor, making inquiry of me respecting the value of a tract of land claimed under a Spanish grant, and lying between the Mississippi and St. Francis rivers, about 30 miles below New Madrid^. Of this tract I have no personal knowledge, but have understood it was very valuable. All that region of country is alluvial, and of course highly fertile. It has been repeatedly spoken of to me, as the most valuable property in that section of Arkansas. The St. Francis at this time, is navigable for steamboats fer a considerable distance, which will be greatly extended when the rafts which interrupt it shall be removed, and which I have no doubt will be done by the General Government immediately. There are extensive settlements on the St. Francis already, and saw mills, «fec. erected, and the land low down on the river is held at 15 dollars per acre. I will write you again soon. Yours truly. JOS. KENT. Copy of the letter of Major Wctmorc, author of Gazette and Map of Missouri. In giving my opinion as to the value of the Glamorgan tract of 530,000 arpens, I would class the land as one-fourth swamp, and only valuable until drained, for its timber, at One-fourth One-fourth at $2 50 per arpens, $284,875 One-fourth at 5 00 569,750 One-fourth at 7 50 854,625 $1,709,250 My opinion as to the value of these lands, is formed from per- 24 sonal observation, and from intelligence derived from authentic sources, for the purpose of completing the Gazetteer and Map of Missouri, which will issue from the press of the Harpers of this city, (New York) to-morrow. The above tract is all rich alluvial land, and fairly proportioned into timber and prairie. There can be no waste land on it, except such as is made so by the drifts and roots that choke the channel of the St. Francis. The products of this latitude, and of this soil are corn, wheat, hemp, tobacco, and the grasses. It is one of the best countries in the world for stock- raising. (Signed) ALPHONSO WETMORE. March 2f2, 1837. Extract of a letter from Edward Crass, Esq., Surveyo-r General, Arkansas. Surveyor's Office, Little Rock, June 19, 1837. " A portion of the claims (Glamorgan) only, is included within " the limits of Arkansas. Information predicated upon surveying " operations, enables me to say in relation to the quality of the " land, that it is in part equal to any on the Mississippi river be- *' yondthe cotton regioii." September 13, 1837. Sir : In answer to your inquiry, I state that I am acquainted "with the large grant of land now claimed by Pierre Chouteau,- ly- ing on the Mississippi river, and extending to the St. Francis river. It is first rate alluvial land; the land on the river is well timbered, and the wood for steamboats, worth three dollars per cord. That part back from the river is timbered prairie, and very rich : the land near the St. Francis, a part of which is wet, and occasionally overflows, but is covered with a growth of Cypress timber, and is worth from one hundred and fifty to two hundred dollars perar- pen«, for the timber. Respectfully, JOS. JONES. LIBRARY OF CONGRESS 014 610 283 9