USA > Louisiana > Sketches, historical and descriptive, of Louisiana > Part 20
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lations contained in them were totally inapplicable to that part of the country, and the Spanish authorities there al- ways conceded lands on principles not derived from them.
The land laws of Morales contain thirty eight articles. The first nine are the same in substance as the first seven in the land laws of O'Reilly, and the subsequent twenty nine were either intended to explain the preceding ones, or to regulate the grants and concessions of lands in the Apalousas, Atakapas, Mobile, and Pensacola. - They make no mention of Upper Louisiana.
It is believed, that these laws were never in force ; cer- tain it is, that they were never carried into effect. The reason for the first is, that the great clamor raised against them in all parts of the province induced the governor ge- neral and Cabildo to draw up a strong protest against them, and to lay it before the king. The consequence was, that Morales was removed from office; though he was afterwards reinstated merely to assist in transfering the possession of the country to the French republic. The reason for the second is, that the assessor died soon after they were pro- mulgated, which totally deranged the tribunal of finance, and rendered it incapable of making or confirming land titles. :
These land laws were exclaimed against as extortionate and oppresive; extortionate, because they made it neces- . sary for a concession to pass through four, and in some instances, seven offices, before a complete title could be procured, in which the fees exacted, in consequence of the studied ambiguity of the thirtieth article, frequently amounted to more than the value of the conceded lands ; oppressive, not only because the settler was deprived of his original papers, but because the twenty second article declared all concessions void, unless forwarded for con- firmation within six months after the publication of the laws at the several posts. This was tantamount to a re- union of all the lands of settlers to the domain. Not one
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in fifty was able to transmit the evidences of his claim, and to defray the expenses of his title, within so short a period as six months. Besides, these laws reserved to the government the privileges of taxation, and nothing could render them more unpopular.
While the governor general was at the head of the fi- nance, his legal representative in Upper Louisiana was the lieutenant governor, to whom was confided a discre- tionary power relative to the concession of lands, and the affairs of the Indians; though his proceedings were lia- ble to revision and control. When the new department of finance was created in 1799, at the head of which was. the intendant, the lieutenant governor became his sub-de- legate, and was invested with the same discretionary power, though he acted with reluctance under his new su- perior.
The first laws passed by congress relative to the land titles in Louisiana, excited much alarm and apprehension among the people of that country. They contended, that the United States had no right to enquire, whether the Spanish authorities had exceeded their powers in the con- cession of lands; because such an enquiry would militate against the treaty, and against that full faith and credit, which one nation was bound to put in the official acts and proceedings of another. They also contended that, if the Spanish authorities exceeded their powers, and we chose to remedy the evils occasioned by it, the dispute rested between the two nations, and not between the claimants and the United States.
Suspicions have been entertained that, near the close of the Spanish government in Upper Louisiana, the property of the United States was attacked by ante-dated conces- sions. Before we proceed to enquire into the number and extent of these, it may be proper to observe, that ma- ny of these suspicions arose from other causes not diffi- cult to explain. No sooner was it understood, that the
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country was ceded, than an extraordinary rise in the va- lue of the lands was contemplated, and all those entitled to them solicited concessions and obtained them. Among these were most of the French inhabitants, who had hith- erto contented themselves with house-lots, and had no dis- position to resort to agriculture, at least so long as they were able to navigate the rivers, pursue the chase, or the Indian trade. What were called their head rights, added to the unextended concessions in the hands of English Ameri- cans, embraced about thirteen hundred thousand arpents. 'They deemed it expedient to extend their concessions, and to procure surveys ; the consequence was, that near the close' of 1803, every surveyor in the country was employed, and a much greater quantity would have been surveyed, had there existed a sufficient number of men capable of the business. Add to this, they extended their claims on the most valuable lands in the country, particularly on mine- . ral lands ; and to these circumstances may be traced many . of the suspicions of ante-dated titles.
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Other circumstances equally inauspicious contributed to these suspicions. The boundary marks fixed about 'some tracts of land, particularly about an extensive tract in the neighborhood of St. Louis, had become either de- faced or destroyed. Just before the United States took possession of the country, a re-survey was directed, and new boundary marks established, in consequence of a pro- ces verbal for the purpose ; and this gave rise to injurious imputations. Most of the land included in the bounda- . ries was conceded to various settlers by the French autho- rities ; the remainder was conceded by the Spanish au- thorities soon after they were established in the country ; the whole of which came into the hands of the present proprietor by purchase. Some unextended concessions also appeared about this period, bearing date several years before, and signed by the predecessor of the last lieutenant governor, which created a belief, that they
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were fraudulently obtained. The fact was, that a settler from the United States, designing to persuade ten of his old friends and neighbors to establish themselves about him, applied to the lieutenant governor for as many con- cessions, to whom he paid the customary fees of office ; but he was unable to furnish him with the names. Soon after this, on the twenty ninth of August 1799, he was su- perceded in his office ; on the same day he filed ten con- cessions for eight hundred arpents each in the office of the surveyor general, directed him to insert the names of such settlers as should be furnished him by their agent, who had originally applied for the concessions, and to deliver them accordingly. The settlers eventually applied for their concessions ; but when they found them signed by a man. who had been several years out of office, they concluded them to be fraudulent, and a few only were accepted. The remain- der of them were deposited in the office of the surveyor ge- neral. Another circumstance, equally pregnant with suspi- cions of fraud, must be here inserted. 'The land laws of Mo- rales were deemed extremely rigorous, and it was readily conjectured that, if they applied to Upper Louisiana, the ci- tizens of the United States would hesitate to become subjects of Spain on the conditions they prescribed. The lieutenant governor, therefore, resolved to evade them ; which he did by inserting as a date in the concessions the latter part of 1799, or the early part of 1800, so as to bring them within the purview of those discretionary powers and privileges, which were derived from the governor general.
The above statement is the more necessary, as some of the circumstances contained in it, have been incorrectly stated to the government, published to the world, and re- lied on as instances of fraud. The reader will judge for himself.
It must be admitted, that some fraudulent and ante-dat- ed concessions were issued just at the close of the Spanish government in Upper Louisiana ; and we shall now pro-
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'ceed to enquire into the nature and extent of them. In the first place, it cannot be pretended, that any of these culpable concessions bear date prior to the twenty ninth of August 1709, when the last lieutenant governor enter- ed on the duties of his office. In the second place, it is hardly necessary to include under this description any of those embracing small quantities of land only ; because, if any such exist, they were generally given to actual set- tlers, who were entitled to head rights. Frauds therefore must be sought after in concessions, in which are included tracts of land of greater magnitude; and it is hardly pro- bable, that the cupidity of speculators would be gratified with less than a league square. 'Twenty six concessions exist, derived from the last lieutenant governor, each of which embraces a league square, or more, of land. - Thir- teen of them bear date in 1799, nine in 1800, two in 1801, one in 1802, and one in 1803. They comprise two hun- dred and seventy one thousand seven hundred and fifty - two arpents. Of this quantity, one hundred and twenty one thousand four hundred and forty eight arpents, con- tained in twelve concessions, were regularly surveyed. 'The remainder, one hundred and fifty thousand three hundred and four arpents contained in fourteen conces- sions, were in the hands of the several claimants at the . time the United States took possession of the country. Such a number of extensive concessions, mostly bearing date in 1799 and 1800, when a few only of this descrip- tion are to be found of prior or subsequent dates, certain- ly furnishes good ground to suspect their legitimacy. No doub: some of them are genuine, but it will be difficult to distinguish them from those of a spurious nature ; partly because the claimants have no evidence of their actual dates, and partly because such evidence, if demanded, seems contrary to the rules of law : The record must prove itself. .
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Of the quantity mentioned in the above unsurveyed concessions, fifty eight thousand two hundred and twenty four arpents, are included in those of a running or float- ing nature ; and the remaining ninety two thousand and eighty arpents, are embraced by special concessions.
-. There is good reason to believe, that sixty two thou- sand and fifty six arpents of the surveyed lands, divided among four persons, as also eighty three thousand and fifty six arpents of the unsurveyed lands, divided among five persons, were conceded to them as compensations for long and faithful services. The Spanish government ne- ver gave any salaries to its provincial officers ; nor any gratuities in money to those who, amid dangers and at a great expense, explored unknown regions, and made use- ful discoveries ; but when compensations were solicited, it was usual to bestow tracts of land instead of money.
In addition to what is already stated, there exists three concessions of a less suspicious nature, embracing large tracts of land. The first is supposed to cover a valuable lead mine ; but from the number of concessionaries men- tioned in it, the shares are reduced to four hundred ar- pents each, most of whom are actual settlers, and had lands promised them on their first arrival in the country. The second is supposed to be of considerable extent; it is described by metes and bounds ; but as the several courses and distances between them are not accurately defined, the quantity cannot be ascertained. The third, from the nature and extent of it, deserves a particular description. A tract of one hundred and two thousand eight hundred and ninety six arpents was conceded November the third 1799 to a catholic clergyman now in Upper Louisiana, who is an Irishman by birth. His petition states in sub- stance, " that the duke of Alcadia, minister of state, and " of universal despatches for the Indies was desirous of " bringing from Ireland many catholic families to settle " in Upper Louisiana,' as appeared by a letter of Don
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" Thomas O'Ryan, almoner of honor to his catholic ma- " jesty, and confessor to the queen, written in English, " and addressed to the petitioner by the order of said mi- "nister of state; wherein the, government engaged to. " build a church on their arrival in the most suitable place " for their settlement, leaving it with the petitioner to so- " licit of the government the necessary domain lands;"' and therefore he prays, " that one hundred and two thou- " sand eight hundred and ninety six arpents, between the " black waters, and the branches which descend into White " river, may be conceded for the causes mentioned." It appears by the decree of the lieutenant governor, that the letter of O'Ryan above referred to, and written by order of the minister of state, had been presented to him by the petitioner; in consequence of which, and in conformity to the disposition of the governor general Gayoso, as appear- ed by his order of September the third, 1797, he " grants " to the petitioner the quantity solicited, and in the place . " required ;" and then directs " the surveyor general to " put him in possession of the said quantity, in the place " mentioned, when those interested should make the de- " mand ;" and that " after his operations he should form " the figurative plan, and deliver it to the party, with his " petition, so that it might serve him to solicit a title in " form from the intendant general of these provinces." This concession was never extended on the lands embrac- ed by it ; nor did any Irish catholics attempt to avail them- selves of the pious and benevolent designs of his catholic majesty.
During the time the author of these sketches was first civil commandant of Upper Louisiana, the Spanish re- cords were in his possession ; and on them the preceding statement is founded. Decisive and successful measures were taken to ascertain the quantity of land comprehend- èd in the unextended concessions, which were then in the hands of the several claimants.
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The mode of granting and conceding lands in Lower Louisiana was similar in. all respects to the one already described ; though incumbered with more conditions ; and as the settlers were nearer the capital, and generally more wealthy, many of them in the first instance obtained com- plete titles.
The quantity of land actually granted and conceded in Lower Louisiana before we took possession of it, cannot - be estimated with certainty, because under the Spanish go- vernment, individual claims were never recorded till af- ter the surveys were made, and at the time alluded to a vast number of unextended concessions were scattered a- mong the settlers. . An idea of the quantity, however, may be formed from other data. The country on the Lower Mississippi is not open and champaign like that in Upper Louisiana, where settlers may fix themselves at pleasure, but the land capable of tillage is confined to narrow bor- ders along the rivers and other streams, where most of the settlements are made. The plantations front these ri- vers and streams, and almost invariably extend one mile and an half back, each of which comprehends more or less of swamp. By ascertaining the extent of these bor- ders, where lands were granted and conceded, the quanti- ty claimed in Lower Louisiana under French and Spanish titles amounts to more than three millions of arpents, or French acres. In this quantity is comprehended the lands supposed to be claimed in the Atakapas, Apalousas, and on the Washita.
Will the United States permit the sale of the public lands in Louisiana, and by this measure encourage the settlement of that country? This question is of some importance in a national point of view ; it particularly re- gards the interests of a growing people, and deserves a more critical examination than we are able to give it.
It has been suggested that, the more effectually to pro- mote the national interests, we must first dispose of the
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public lands on the east side of the Mississippi ; except, perhaps, some small tracts about the Washita and Red ri- ver, and between these and the gulf.
If such a measure be contemplated, it probably results from an apprehension, that such settlements will disperse our population, as also our capitals employed in commerce and manufactures, and at the same time lessen the value of the public domain. This apprehension seems to be grounded on the experience of foreign states engaged in. colonization. Some of these states have wasted their strength on their foreign possessions, and if happily they survive them, it is to witness their own progressive im- becility, though their coffers may be filled with the wealth of Peru and the Indies. The situation of the United States with respect to Louisiana is materially different from that of the European nations with respect to their colonies; and therefore we have a right to calculate on very different results. Louisiana is not a distant colony divided from the United States by the ocean; it is no more separated from them than one state from another ; it serves only to extend our boundaries, not to create a fo- reign possession ; so tha. while colonization, in general, necessarily draws after it the wealth and strength of the mother country, the extension of our territory gives a greater activity to our capitals and population, without the least diminution of either. If this extension of terri- tory renders the union less compact, its wealth and phy- sical resources less combined, and not so easily drawn into active operation in times of public danger, it is an evil of a temporary nature, and it has a remedy in the rapid in- crease of wealth and population in the Atlantic States.
If our population be less than that of some of the states of Europe, it by no means follows, that a dispersion of it will have the same pernicious effect. "The immense popu- lation of Great Britain, France, and Germany, (about one hundred and thirty souls to each square mile) is necessa-
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ry to carry on their extensive commerce and manufac- tures, and to fill their armies and navies ; and the more their population becomes dispersed, the more exposed they are to the inroads of their enemies, and the less able they are to extend their commerce and manufactures, by which some of them exist and are supported.
On the contrary, our army and navy, except in case of war, will employ but few of our citizens ; our navigation only is considerable ; manufactures to any considerable extent can never be introduced into the United States, be- cause we can always purchase cheaper than we can make. Our vacant lands, obtained too on moderate conditions, will continue to keep up the price of labor. We are a na- tion of agriculturists, destined by providence to furnish Europe and the islands with provisions and raw materi- als ; and no part of the world is better calculated for such supplies than the country on the Mississippi and its wa- ters. Our manufactures must necessarily be limited to such coarse fabrics as are in common use among the peo- ple ; to lead, salt, flour, iron, steel, and to such other ar- ticles as are of importance to navigation, and to the agri- cultural and mechanical professions. We cannot, there- fore, draw any argument from. the population of any given territory in Europe to prove the paucity of our own over a surface of the same extent ; because there the wealth and strength of a nation depend on commerce and manufac- tures, and on a crowded population without land to supply it wholly with the means of subsistence ; here our wealth and strength are mostly derived from the tillage of our fields, the raw materials we are able to furnish, and the extent of our landed possessions. 'The population of some of the eastern states (upwards of sixty to each square mile) is found too great for the quantity of land. This compels one part of the people to navigate the ocean, and no small proportion of the other to remove to less popu- lous regions. They have settled large tracts of vacant
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lands in the upper part of the state of New York. They ' have also formed extensive settlements on the Ohio, and great numbers of them have penetrated to the Mississippi. All this proves that, when a given extent of territory fur- nishes a greater population than can be usefully employed in agriculture, it will dissipate, and gradually find its way · to the western country, where the vacant lands are good and prolific in the extreme. We ought to avoid the evils incident to the laborious artisans of a manufacturing na- tion-ignorance, poverty, disease, and the premature waste of the human constitution. 1
Capitalists will naturally turn their attention to the Lower Mississippi. Agriculturists of moderate pro- perty will prefer a more northern situation, will plant themselves in Upper Louisiana rather than in the Illinois or Indiana territories. 'These territories, indeed, contain large bodies of excellent lands, especially on the Ohio, Wabash, and some other rivers ; but they have their share of bad and indifferent lands. A small part only of that ex- tensive tract between the Mississippi and Vincennes, ex- tending along the post-road for nearly one hundred and fifty miles, will ever be settled. 'The scarcity of wood and water furnish insuperable objections to it. Hence it is, that settlers entertain a predilection for the lands in Upper Louisiana, where the same inconveniences do not exist, where the soil is of the first quality, and where they can be accommodated with numerous streams suitable for mills and other purposes. If the government makes no pro- vision for the sale of lands in this quarter, it is to be fear- ed, that trespasses will be frequent ; and that, as the squat- ters increase in number, difficulties will arise between . them and the United States.
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Louisiana is particularly exposed to the inroads of the Indians. An immense number of tribes, and some of them powerful, inhabit the extensive regions on the west side of the Mississippi. Their depredations are frequent,
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and they entertain no fear of punishment ; our ordinary force, especially in Upper Louisiana, including the militia, is not sufficient to create any alarm among them. They are extremely bold in their threats ; and perhaps one rea- son why they hold us so cheap is, that they have never been at war with us, and were never beaten by the whites. They frequently committed hostilities under the Spanish government, though no regular war was carried on, and the Spanish authorities as often purchased a peace of them. This encouraged them to repeat their hostilities, and to ridicule the want of courage and dexterity in the whites. One instance, among many others, may be adduced to explain the character of the Missouri Indians. While a kind of predatory war raged in 1794 between one of their tribes and the whites, a peace was concluded in a singular manner : A war chief, with a party of his nation, boldly entered St. Louis, and demanded an interview with the lieutenant governor, to whom he said, " we have come " to offer you peace ; we have been at war with you ma- " ny moons, and what have we done ? Nothing. Our war- " riors have tried every means to meet your's in battle ; " but you will not, you dare not fight us ; you are a par- " cel of old women. What can be done with such a peo- " ple but to make peace, since you will not fight ? I come, " therefore, to offer you peace, and to bury the hatchet ; " to brighten the chain, and again to open the way be- " tween us.". The Spanish government was obliged to bear this insult with patience, and to grant the desired peace. The faculty of ratiocination is denied to these sons of nature ; they derive more conviction from what they actually experience and feel than from what they see and hear ; and nothing but the exercise of superior power can restrain them from bloody deeds.
Ilence results the policy of furnishing Louisiana with a population adequate to self-defence. The more effectual- ly to accomplish this object, perhaps the settlers ought to
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be restricted to certain prescribed limits. If they be suf- ferred to spread over a great extent of territory, their strength cannot easily be concentrated. Their divided and detached situations will serve to invite hostilities, and probably enable the Indians to destroy them in detail. Natural and prescribed boundaries already exist, within which the settlements should be formed.
The vacant lands in Lower Louisiana are mostly to be found in the Atakapas and Apalousas, on Red river and the Washita. These lands are, in general, of an excellent quality, and not encumbered with Indian or Spanish claims. No other incitement is necessary to a speedy settlement, than the passage of a law, authorizing the sale of them.
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