The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-25
A PAMPHLET.
on PRIVATE PROPERTY WEST OF TIL
MISSISSIPPI PROTECTED BY THE TREA
Ty OF PARIS OF 1903.

1 propose to review, briefly as practicable, the
General history of this Treaty and the series OF laws
which purport 10 have been epssted in falhllmenl OF
IL stpuatons The subject IL OF as much national IN
ts,s.t as ever were the French, Neapolan, Mexican
a, Peruvian Indemo iiss and claims general attention
far lis intrinsic merits long obscured by confused
mass of Congressional acts which have continued
from first to last invasive Of private rights and viola
tive Of public faith.
After the inv asons of the Spanish adventures DE
Nayaer and De Soto, the French were the first to
discover. settle and claim their own the country
wee, of The Mississippi to which they gave the name
Of Louisiana French settlements began in il about
,be wear 1856 and were continued, fostered and pro-
,,ced by tn French government until the year 1862,
when il was eeded to Spain. Span possessed H. e1-
srcised jurisdiction and sovereignty it, and en-
eoursped settlements in it, from that period up TO the
year 1900, when hy the treaty Of San Identonso, IL
was re,roceded to France. II came into possession
of the United States by purchase Of France, in 1903
BY the treaty of the 30th of April Of that year. sub
iect to the membranes of the grants previously male
in it to private individuals. The population Of Louis
lana at that period amounted to about II 900. These
inhabitants innocent holders Of the soil that had been
granted TO them encouraged to believe that they
would be protected in all their rights Of liberty and
property as fully though change in the govern
ment had taken place. Let the L0uisianians
know, said NAPOLEON, "that we separate ourselves
from them with regret that we stipulate in their
favor every thing that they desire, and let them
hereafter happy ia their Independence, recolIect that
they have been Frenchmen and hat France in ced-
ing them, has secured for them advantages which
they could not have obtained from European power
however psternal it might have been. "-JournaI of
the negotiations.
al hope and promise my self" said Louis the X Vth
after tho cession Of Louisiana to Spain, in 1862,
"hat the inhabitants be preserved and maintained in
their possessions that they be confirmed in the pro-
perry of their estates, according to the grants which
have been made by the governors and directors Of the
colony and that all the said grants be holden and
taken as confirmed by his Catholic Majesty, even
though not yet confirmed by ne,"-Iastruetions
10 Cor L.4badie, l764.
Gan grants made by my governors by whatever de-
nomination, shall be confirmed Z" said the King OF
Spain, aud 'the inhabitants shall continue in the
peaceful possession Of their property "-Royai De-
spatch at Barcelona, Oi 1902.
Blu, what is the still higher authority of the treaty
which and is the supreme law II conveyed to
the United States, 'all public lots and squares, va
cant lands and all public buildings, Notifications
barracks, and other edfces which not prirait
property" And the 81 article provided that the in
habi ants SHOULD be Incorporated in the Union, OF
the United States, and admitted possible
., according the principles of the federal constu
lion, to the enjoyment of all the rights, advantages
and immu mites If cit zens of the United States
and, that they should in the meantime, be main.
tanned and protected in the enjoyment of their liber
'ty, property and the religion which they profess"
The purcha,e of Louisiana cost the United States
priucp. and interest, 500, 5s9, 1853. And they re-
ceved by it 9i9 67f, 1873 acres,' in Louisiana, Ar
kansas, Missouri, Iowa, and the northwestern and
western territories to the Pacific; and from
sales of IT, they have realised more than the
amount Of the purchase money. They have
sold upwards of 25 900 900 acres which 81 IS pei
acre, have yielded 81 900. The United States
have grated, in Louisiana, Arkansas, Missouri ant
Iowa, for internal improvements sanes seats Of gov
ernmenl and public buildings, colleges, common
schools Indian reservations in fee, and individuals
about 4, 1S3, 900 acres Leaving the United State,
STILL 9l9 SO S73 of unsold, including the 10.
millions set apart for emgrant Indians.
OF all this domain Of ancient Louisiana which
after having been more than paid for by the peop
who dwell in it, yet remains source of countless
wealth TO the Union, there claimed, under French
and Spanish grants the comparatively small numbe
of4041 81 acrs.t These grants, when complete
as they emanated from the same grantors and were
guaranteed by the treaty, constu ed valid It'll,
as that conveyed to the United States. There wa,
no good reason why the owners Of the grants Their
heirs and assigns should lot have held md enjoyed
their land. without hindrance disturbance Tn,
United States as strongly bound, morally ant
legally to rcspect and protect their titles they
to warrant aad defend their to purchasers unde
thsm All The rights of property acquired before th
date Of the treaty secured to the citizens of th
territory as absolutely under the United States a
they existed previously, and the inhabitants were re
ceve to all the inmunities of citizens Of the Unite,
States. Private property and occupied lands wer
no, ceded to the United States btt "the Unite,
States stipulated that the inhabitants of the ceJed ter
ri,ory should be pro,s cied in the free enjoyment o
their property sail the Supreme Court. The
United States" they continued, "ts just nation r.
gard this stipulation Al the avowal of principle
which would have been equally sound il t had no
been inserted in the contract" "And the term pro
perry as applied to land, comprehenj- every specie
of property, inohoa'e complete mo principle i
better ed in this country than that an inchoat
title to lands is property "-Detsas Us. the u S., 81
Peters, p. 1873.
Many Of the inhabitants OF the coded territory
their defendants and assigns, justly Complain tina
the stipulation has not been fulfilled the part Of thu
United States. The protection has not been ade
qustey nor always willingly extended; and in ,o'
many instances it has been "the protection the vul
ture shows 10 The lamb" The very first step taker
by this government under the treaty, in reference t
th,se grantees, was an attempted u'urpaion of bei
Th,s w IN Aft 10 urtal the 81 q