Washington telegraph., 1845-01-15


clause" in their policies.
SsxkfuING NEw-A SPANISH CLAIM
TO THE WHOLE WHITE RIVER CouN..
TRY.-Fortune at times favors the printer
if the mail and subscribers never do. and
this week we have something for the public
TO read and talk about. By pamphlet
sent to gentleman in this county, it ap.
pears that certain persons are setting up
Spanish Cla i'm to the whole country water
ed by White River from its source to the
mouth of Red. The pamphlet is printed in
New York, and purports to give copies of
the original grant or order of survey. the
survey and final grant, which latter was
made in the year 1893 by the Spanish Gov
ernor General of Louisiana and Florida
BARON De CARoNDELEr, 10 Captain Don
JOSEPH Vaiiiere--an officer in the Spanish
service then stationed in Arkansas-grant-
ing a tract of land bounded as follows: com.
mencing with the mouth of the Little Red
rInning mp White River to the mouth of
Black, up Black thirty miles in direct
line from its junction with White, thence
north by west running parallel with White
River thirty miles from it. to the source of
southwest, sixty miles in direct line; de-
scending from thence on the South. by a
parallel line with White River at a dis
tance of 80 miles. until the line intersec,s
the Red, and following that to its mouth.
the point of departure.
The originals of these records it is al
legged. are part in New Orleans and part in
Cuba having been removed there by the
Spanish authorities. We would remark
here point which is noticed by one of the
eminent council consulted in the case that
the original paper of al!--the deed of grant
given to Valliere does Not seem forihcom-
ing which will render very srong proof of
the genuineness of the records necessary.
We learn further from the pamphie; that
there are Il heirs of Capt. Valliere now
living in this State. in the counties of Phil
lips, Arkansas and Jefferson. who have
given to CREED TAYLOR of the County of
Phillips, one of the heirs. power of attor-
ney To prosecute their claim or dispose of
any part of it--and tha. he, as such aitor-
new has sold one half of the en- ire interes;
10 John Wilson of he SAFE Of Missouri,
for $4,000. NJ. Taylor has further sub
mitied his case to Daniel Webster, Rufus
Choate. A p. Upshur. David B. Ogden.
1'hos A. Emmet Judge Kent Bun,
John Sergeant, and B. f. Butler, whose
opinions are printed in full. All, with the
exception Of Messrs. Butter and Sergeant,
declare shortly AMI coucise'y that the CAIN
is good and valid in law, that the only qles-
ton at issue has been long ago decided.
Mr.. Sergeant specially declares that he
gives no opinions respecting prior Calm
ants.-Against the United States and
Spain he thinks Va,lieres' title good. Mr..
Butter goes fully into the discussion of the
subject an1 examines all the points with
great mnu:eness. quoting and explaining
nj laws of the United States which bear
upon it. He decides that the part of the
c aim living in the State of Arkansas is not
affected by any law Of Congress, and of
course, if all the records can be proven au-
thentic. the title SO far is good. The part
lying in Missouri he thinks comes within
the puruier of the act OF 1924. This act
required all Claims to land in that district
to be put in within two years, and bars all
others whose holders did not comply. Mr..
Butler thinks the question as to this por-
ton of the grant, is ''the power OF Con-
gress after the establishment of a State
Government in Missouri, 10 pass laws bar
ring perfect titles to land in that Stale, de-
rived from the Spanish Government and
protected by treaty-in case of their not
being presented within a certain time 10 be
liked by Congress. This question has
never been decided and NJ. Butler recon-
mendS that It should be tested in this case.
Mr.. Wilson, who resides in Missouri,
has only to commence his action against
some person in Arkansas living ON the
tract claimed. and holding under patent
from the United States, or Mr.. Taylor
against some one living in Missouri to
carry the matter at once to the Supreme
Court of the United States for trial and
decision.
We have thus given the substance of a
pamphlet OF 80 pages. Comment we leave
TO our rcaders.-Norih Arkansas.
THE NATION OF SOUTH CARO-