USA > Arkansas > Biographical and pictorial history of Arkansas. Vol I > Part 3
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When a man died his estate was not ground through the cum- brous and desolating machinery of a probate court where the vulture sprouts his golden wings and screams defiance to cred- itors, widows and orphans.
Proclamation was made at the parish church, and all parties in interest, heirs, widow and creditors came to church at the appointed time, and after the morning services were over the parish priest made quick, honest and satisfactory disposition of the estate. The estate was never too small nor too large, nor too cumbrous nor too complicated for honest and speedy disposi- tion, which was regarded when so ordered, as under the seal of God.
CHAPTER IV.
INDIAN OCCUPANCY AND EXTINGUISHMENT OF THEIR TITLE.
T HAT once numerous and powerful tribe of Indians known as the Osages once inhabited and claimed domin- ion over a very large area of country, extending from the Missouri river to Red river, Louisiana, and embracing the greater portions of Missouri and Arkansas. The Quawpaw tribe of Indians, also once powerful and numerous, inhabited
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HISTORY OF ARKANSAS.
central and western Arkansas, and claimed title to the soil. The Choctaws and Cherokees, also once powerful tribes, inhab- ited and claimed a large part of western Arkansas, after their removal from Alabama, Georgia, Tennessee and Mississippi. But the Osages and Quawpaws were the original occupants. These Indian titles were, at various times and in virtue of various treaties with the Indians, finally extinguished.
On the 10th of November, 1808, at Fort Clark on the Mis- souri river, the Great and the Little Osages by treaty established the boundary line between them and the United States, and ceded to the latter all that region of country lying east of a line run south from Fort Clark to the Arkansas river, and thence down said river to its confluence with the Mississippi river. And by treaty in 1818 the Osages ceded to the United States the greater portion of their lands west of the line above mentioned.
In August, 1818, the Quawpaws by treaty ceded to the United States all the lands within the following boundaries : "Beginning at the mouth of the Arkansas river, thence ex- tending up the Arkansas to the Canadian fork, and up the Canadian fork to its source; thence south to Big Red river, and down the middle of that river to the Big Raft, thence a direct line to strike the Mississippi river thirty leagues in a straight line below the mouth of the Arkansas. Excepting, however, from this area the following reservation : Beginning at a point in Arkansas river, opposite the present Post of Arkansas, and running thence a due south-west course to the Washita river (Ouichita), thence up that river to the Saline fork to a point from whence a due north course would strike the Arkansas river at the Little Rock, thence down the right bank of the Arkansas to the beginning." I am told the western boundary line of this reservation runs with Rock street in Little Rock, and is "the Quawpaw line" so often referred to in surveys, conveyances and legal proceedings.
In November, 1824, the United States, represented by their agent, Robert Crittenden, entered into a treaty at Harrington's, Arkansas, with the Quawpaws, by which they ceded the above- described reservation to the United States, and thus extin- guished their title to that part of Arkansas territory. 3
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On the 20th of October, 1820, the Choctaws ceded to the United States all their claim to lands lying within the present territorial limits of Arkansas.
On the 6th of May, 1828, the Cherokees by treaty agreed to the present western boundary of Arkansas and ceded to the United States all their title to lands within the limits of Ar- kansas.
On the 25th of September, 1825, at St. Louis, Missouri, the Great and Little Osages entered into a treaty with the United States, represented by Governor Clark of Missouri, by which their title to lands in Missouri and Arkansas was forever ex- tinguished.
By that treaty they ceded the following lands : "Beginning at the Arkansas river where the Osage boundary line strikes it at the mouth of Frog Bayou [in the county of Franklin] thence up the Arkansas and Verdigris to the falls of the Verdigris river ; thence east to the Osage line at a point twenty leagues from Arkansas river ; and with that line to the beginning."
Thus Indian titles became finally extinguished to the terri- tory of Arkansas.
On the 26th of May, 1824, the western boundary line of Arkansas was established by act of congress, and on the 19th of May, 1828, congress passed an act authorizing the line be- tween Louisiana and Arkansas to be run and established.
CHAPTER V.
FORMS AND METHODS BY WHICH LAND TITLES WERE ACQUIRED FROM FRANCE AND SPAIN DURING THEIR DOMINION OVER LOUISIANA, OF HISTORIC INTEREST.
T' HE following is the form of conveyance adopted by Law's, or the Royal India Company. The district of Kaskaskia embraced Illinois and all the region north- ward belonging to the Royal India Company. The old French village of Kaskaskia was located on the Kaskaskia river about twenty-five miles south-east of St. Louis.
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HISTORY OF ARKANSAS.
Translation of the Register of the United States, in the dis- trict of Kaskaskia.
From Judge White's Recopilacion :
Pierre Dugne de Bois Briant, knight of the military order of St. Louis, and first king's lieutenant, of the province of Louisiana, commanding at the Illinois, and Marc Antoine de la Loire des Ursins, principal secretary for the Royal India Company. On the demand of Charles Danie do grant him a- piece of land of five arpents in front, on the side of the Mit- chiagamia river, running north and south, joining to Michel Phillip on one side, and on the other to Meleque, and in depth east and west to the Mississippi. In consequence they do grant to said Charles Danie (in socage) the said land, whereon he may, from this date, commence working, clearing and sow- ing, in expectation of formal concession, which shall be sent from France by Messrs. the directors of the Royal India Com- pany, and the said land shall revert to the domain of the said company, if the said Charles Danie does not work thereon within a year and a day.
Signed by BOIS BRIANT and DES URSINS
The 10th day of May, 1722.
The following is a good form of petition and concession, for land under Spanish rule, and is an official translation from the Spanish by Judge White.
To his excellency, the Baron de Carondelet :
The most humble petitioner, to your excellency, named Julien Dubuque, having made a settlement upon the frontiers of your government, in the midst of the Indian nations who are the inhabitants of the country, has bought a tract of land from these Indians, and the mines it contains, and by his per- severance has surmounted all obstacles, as expensive as they were dangerous, and after many voyages has come to be the peaceable possessor of a tract of land on the western bank, to which he has given the name of " Mines of Spain," in com- memoration of the government to which he belongs.
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As the place of the settlement is but a point, and the differ- ent mines which he works are scattered at a distance of more than three leagues from each other; your most humble peti- tioner, prays your excellency to be pleased to grant him the peaceable possession of the mines and lands, that is to say from the coasts, above the little river Maquanquetois, to the coast of the Mesquabemanque, which forins about six leagues on the west bank of the Mississippi, by a depth of three leagues ; which demand, your most humble petitioner ventures to hope your goodness will be pleased to grant him.
I beseech this same goodness, which forms the happiness of so many, to endeavor to pardon the style, and to be pleased to accept the pure simplicity of my heart, in default of my eloquence.
I pray heaven, with the whole of my power, that it may preserve, and may load you with its benefits, and I am and shall be all of my life, your excellency's most humble, most obedient and most submissive servant.
NEW ORLEANS, 22 October, 1796. J. DUBUQUE.
Indorsed.
Let information be given by the merchant Don Andrew Todd, on the nature of this demand.
THE BARON DE CARONDELET.
SENOR GOVERNOR :
In compliance with your superior order, in which you com- mand me to give information on the solicitation of the indi- vidual interested in the foregoing memorial, I have to say, that as to the land for which he asks, nothing occurs to me. why it should not be granted, if you find it convenient, with the condition, nevertheless, that the grantee shall observe the provisions of his majesty relating to trade with the Indians ; and that this be absolutely prohibited to him, unless he shall have my consent in writing.
NEW ORLEANS, 29 Oct., 1796. ANDREW TODD.
NEW ORLEANS, 10 November, 1796.
Granted as asked, under the restrictions expressed in the in- formation given by the merchant Andrew Todd.
THE BARON DE CARONDELET.
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HISTORY OF ARKANSAS.
The flourishing city of Dubuque, named after Julian Du- buque, the grantee, is located on this grant.
The Reynards or Fox Indians on the 22d Sept., 1788, first conveyed this land to Dubuque.
The following relating to the colonization of the Washita and Bayou Bartholomew country in Arkansas is of permanent interest to our history. Copied from Judge White's Reco- pilacion.
To the Governor-General :
Baron de Bastrop has the honor to make known to you that, it being his intention to establish on the Ouichita, it is ex- pedient that you should grant to him a corresponding per- mission to erect there one or more mills, as the population may require, as also to stop up the Bayou de Lair, where he proposes to establish the said mills, with a dike in the place most convenient for his works ; and as it appears necessary to prevent disputes in the progress of the affair, he begs also the grant along the Bayou Barthelemi from its source to its mouth, of six toises on each bank, to construct upon them the mills and works which he may find necessary; and prohibiting every person from making upon said bayou any bridge in order that its navigation may never be interrupted, as it ought at all times to remain free and unobstructed. This request, sir, will not appear exorbitant, when you will please to observe that your petitioner, who will expend in these works twenty thousand dol- lars or more, will be exposed without these grants, to loss of all the fruits of his labours, by the caprice or jealousy of any individ- ual, who, being established on this bayou, may cut off the water or obstruct the navigation ; not to mention the loss, which the province will sustain of the immense advantages to result from the useful project proposed for the encouragement of agricul- ture and population of those parts.
NEW ORLEANS, June 12th, 1797. DE BASTROP.
NEW ORLEANS, June 12, 1797.
Considering the advantages to the population on the Ouichita and the province in general, to result from the encouragement of the cultivation of wheat and the construction of flour mills
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BIOGRAPHICAL AND PICTORIAL
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which the petitioner proposes to make at his own expense, I grant him, in the name of his majesty, and by virtue of the authorities which he has conferred upon me, liberty to shut the Bayou de Lair, on which he is about to establish his mills, with a dyke, at the place most proper for carrying on his works, I also grant him the exclusive enjoyment of six toises of ground (a fraction more than thirty-eight feet English measure) on each side of Bayou Barthelemi, from its source to its mouth, to enable him to construct the works and dams necessary for his mills, it being understood, that by this grant, it is not in- tended to prohibit free navigation of the said bayou to the rest of the inhabitants, who shall be free to use the same, without, however, being permitted to throw across it any bridge, or to obstruct the navigation, which shall at all times remain free and open. Under the conditions here expressed, such mills as he may think proper to erect, may be disposed of by the peti- tioner, together with the lands adjoining, as estates belonging entirely to him in virtue of this decree, in relation to which the surveys are to be continued and the commandant, Don John Faithiol, will verify and remit them to me, so that the person interested may obtain a corresponding title in form.
It being a formal and express condition of this grant, that at least one mill shall be constructed within two years, other- wise it is to remain null.
THE BARON DE CARDONELET. [L. s.] Registered
ANDRE LOPES ARMESTO.
Then follows a petition and decree similar to the foregoing, for land on Bayou de Lair, which was granted from its mouth to its source.
The Baron then contracts with the governor-general to sub- sist the colonists for six months, which is in words and figures following :
The Baron de Bastrop contracts with his majesty, to furnish, for the term of six months, rations to the families which he has lately introduced at the post of the Ouichita, which are to be composed of twenty-four ounces of fresh bread, or an equiva-
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HISTORY OF ARKANSAS.
lent in flour, twelve ounces fresh beef, or six of bacon, two ounces of fine menestra, or three of ordinary, and one thou- sandth part of a celemin (about a peck) of salt, for which there is to be paid to him, by the royal chests, at the rate of a real and a half for each ration [about 183 cents for each ration].
For which purpose there shall be made out, monthly, a par- ticular account, the truth and regularity of which shall be attested at foot, by the commandant of that post. Under which conditions, I oblige myself, with my person and estate, to the fulfilment of the present contract, subjecting myself in all things to the jurisdiction of this general intendency.
In testimony of which I sign at New Orleans, the 16th of June, 1797.
NEW ORLEANS, June 16, 1797. BARON DE BASTROP.
I approve this contract in the name of his majesty, with the intervention of Senor Gilbert Leonard, principal contador of the army, in these provinces for its validity. Two certified copies, one to be directed to the secretary, Juan Ventura Morales. With my intervention.
GILBERT LEONARD.
Copy of the original remains in my keeping, and which I certify, and is taken out to be passed to the secretary of this general intendency.
NEW ORLEANS, ut supra. GILBERT LEONARD.
The following from the Recopilacion is an important paper also relating to the Spanish colony of the Washita in south- western Arkansas :
Grand Maison's claim on the Washita.
We, Francis Lewis Hector, Baron de Carondelet, Knight of Malta, brigadier-general of the royal armies of his Catholic majesty, military and civil governor of the provinces of Louis- iana and West Florida ; Don Francis Rendon, intendant of the army and deputy superintendent of royal domains in the said provinces ; Don Joseph de Orue, knight of the royal and distin- guished order of Charles Third, principal accountant for the royal chests of this army, exercising the functions of fiscal of
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BIOGRAPHICAL AND PICTORIAL
the royal domains ; declare, that we agree and contract with the senor Marquis de Maison-rouge, an emigrant French knight, who has arrived in this capitol from the United States, to pro- pose to us to bring into these provinces thirty families, who are also emigrants, and who are to descend the Ohio, for the purpose of forming an establishment with them on lands bordering on the Washita, designed principally for the culture of wheat, and the erection of mills for the manufacture of flour under the following conditions:
1st. We offer in the name of his Catholic majesty, whom God preserve, to pay out of the royal treasury two hundred dollars to every family composed of two white persons fit for agriculture, or for the arts useful and necessary to the establish- ment, as house or ship carpenters, blacksmiths and locksmiths ; and four hundred to those having four laborers; and in the same way one hundred to those having no more than one useful laborer or artificer, as before described with his family.
2d. At the same time we promise, under the auspices of our sovereign monarch, to assist them forward from New Madrid to Washita with a skillful guide, and the provisions necessary for them, till their arrival at their place of destination.
3d. The expenses in transporting their baggage and imple- ments of labor, which shall come by sea to this capitol, shall be paid on account of the royal domains ; and they shall be taken on the same account from this place to the Washita, pro- vided the weight shall not exceed three thousand pounds for. each family.
4th. There shall be granted to every family containing two white persons fit for agriculture, ten arpents of land, extend- ing back forty arpents, and increasing in the same proportion, to those which contain a greater number of white cultivators.
5th. Lastly, it shall be permitted to the families to bring, or cause to come with them, European servants, who shall bind themselves to their service, six or more years, under the express condition, that if they have families, they shall have a right, after their term of service is expired, to receive grants of land, proportioned in the same manner to their numbers.
Thus we promise, as we have here stated; and that it may come to the knowledge of those families which propose to
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HISTORY OF ARKANSAS.
transport themselves hither, we sign the present contract with the aforesaid senor Marquis de Maison-rouge, to whom, that it may be made plain, a careful copy shall be furnished. NEW ORLEANS, 17th of March, 1795.
THE BARON DE CARONDELET. FRANCIS RENDON. . JOSEPH DE ORUE. THE MARQUIS DE MAISON-ROUGE.
Having laid before the king what you have made known in your letter of the 25th of April last, No. 44, relative to the contract entered into with the Marquis de Maison-rouge, for the establishment on the Washita, of the thirty families of far- mers, destined to cultivate wheat for the supply of those provinces, his majesty, considering the advantages which it promises, compared with the preceding, has been pleased to approve it in all its parts.
By his royal direction, I communicate it to you for your in- formation. God preserve you many years.
MADRID, 14th July, 1795. GARDOQUI.
To the Intendant of Louisiana :
NEW ORLEANS, Nov. 13th, 1795.
To be transmitted to the principal office of accounts (conta- duria) of the army and royal domains, for their information, and two certified copies to be provided for this secretary's office. RENDON.
Don Gilbert Leonard, treasurer of the army, exercising the functions of royal accountant, and Don Manuel Gonzalles Armirez, exercising those of treasurer, par interim, of the royal chests of this province of Louisiana.
We certify that the two foregoing copies are conformable to the originals, which remain in the archives of the ministry of the royal domains under our charge, and that the contractor, the Marquis de Maison-rouge, complied punctually with the terms, which he promised in said contract ; and that this may be made manifest, conformably to the order above inserted of 4
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BIOGRAPHICAL AND PICTORIAL
this intendancy general, we give the present in New Orleans, the 5th of August, 1803.
GILBERT LEONARD, MANUEL ARMIREZ.
The Baron de Carondelet, knight of the order of St. John, marshall de camp of the royal armies, governor-general, vice patron of the provinces of Louisiana and West Florida, in- spector of troops, &c.
Forasmuch as the Marquis de Maison-rouge is near completing the establishment of the Washita, which he was authorized to make for thirty families, by the royal order of July 14th, 1795, and desirous to remove, for the future, all doubt respecting their families or new colonists who may come to establish themselves, we destine and appropriate for the establishment of the afore- said Marquis de Maison-rouge, by virtue of the powers granted to us by the king, the thirty superficial leagues marked in the plan annexed to the head of this instrument, with the limits and boundaries designated, with our approbation, by the sur- veyor-general, Don Charles Laveau Trudeau, under the terms and conditions stipulated and contracted for by the said Mar- quis de Maison-rouge ; and that it may at all times stand good, we give the present, signed with our hand, sealed with our seal at arms, and countersigned by the underwritten honorary commissary of war and secretary of his majesty for this com- mandancy general.
NEW ORLEANS, the twentieth of June, 1797.
THE BARON DE CARONDELET. ANDRE LOPEZ ARMESTO.
NOTE .- That in conformity to this contract the Marquis de Maison-rouge is not to admit or establish any American in the lands included in this grant.
THE BARON DE CARONDELET ..
See Recopilacion, laws of Spain, 551-2.
This grant for thirty leagues of land, Spanish measure, is equivalent to one hundred and thirty-three thousand, one hun- dred and sixty-five English acres. The old French town of Ecore Fabre, now called Camden, on the Washita river, the county .
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HISTORY OF ARKANSAS.
seat of Washita county, is I think on this grant. This is one of the very few perfect grants ever made by either the kings of France or Spain. But the old company of the Indies, estab- lished by John Law, whilst Louisiana was owned in fee by the lord proprietors, granted a vast number of perfect grants. But few grantees of the king's domain in those early times ever proceeded further than presenting their petition, procuring a concession and a survey. These titles, although defective in not having the confirmatory sanction of the crown, passed by sale and inheritance, and were treated as perfect by the colo- nists and officials. These imperfect grants caused a vast volume of congressional legislation and litigation in State and Federal courts, which lasted seventy-five years.
The Baron de Bastrop was the colonizer of Washita county. In June, 1795, he contracted with the Spanish authorities to bring in five hundred families to " the Washita and its neighborhood for the especial cultivation of wheat, reserving to himself the right to export his flour to Havana when it was not primarily needed in the provinces ; and so rapidly did he proceed in the execution of his contract, the Baron de Carondelet the follow- ing year granted him one hundred and forty-four leagues of land, which is in round numbers six hundred and forty thou- sand English acres. This grant included Bayou de Lair and vicinity on the line between Louisiana and Arkansas, and em- braces land in both States.
The governor-general and commissary of war, Armesto, in the body of the concession incorporated the following liberal terms :
"The government will charge itself with the conducting of the families from New Madrid to Washita, and will give them such provisions as may appear sufficient support for six months, and proportionally for their seeds. They shall not be molested in matters of religion, but the apostolic Roman Catholic wor- ship shall alone be publicly permitted."
It must not be forgotten in connection with what I have said, about the census taken under the order of Gayoso, gover- nor-general, in 1799, that the Washita country does not appear to be embraced in what was then called the Arkansas.
Boundary lines were then very poorly defined, often the
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BIOGRAPHICAL AND PICTORIAL
inhabitants of a given locality did not know to what particular jurisdiction or geographical division they belonged. The lines between Texas and Arkansas, and Louisiana and Arkansas were not known and officially established when Arkansas was admitted into the Union.
An amusing illustration of this occurred in 1836, when the people of Arkansas and Texas were at the same time electing delegates to constitutional conventions.
There then lived in a log cabin at a place called Jonesboro on Red river, two brothers, George and Travis G. Wright, both men of fine intelligence. George was elected to the first con- stitutional convention of Texas, and Travis was elected to the first constitutional convention of Arkansas, and each served well their respective constituents. They were natives of Smith county, Tennessee. Congressional legislation for the adjudica- tion and settlement of these French and Spanish land claims and titles embraces a cycle of seventy years. No question before our national congress has been so fruitful of legislation. The first act was passed in March, 1804, within less than four months after we took possession of Louisiana.
This act created a special tribunal or commission composed of " the recorder of land titles in Missouri" and two associates, who heard the evidence and reported, as we have before stated, to congress, for confirmation or rejection. This tribunal was located at St. Louis, and was the only one having jurisdiction of such claims located in Arkansas, until May, 1824, when congress dissolved the old commission, and conferred jurisdic- tion to hear and determine these claims on the judges of the superior court of the territory of Arkansas, and in consequence of the extra labor thus imposed on the judges, $800 per annum was added to the salaries of each. After the admission of the State into the Federal family, this jurisdiction was transferred to the district court of the United States, as the questions in- volved were exclusively Federal. Adjudication, non-claim, limitation and time which heals and settles all things have finally disposed of these claims, and the questions they involved are now seldom thought of - they have passed to the historian and antiquarian.
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