Daily gazette and comet. (Baton Rouge, La.) 1856-186?, 1860-04-04

formally 10 the said operations, aud com
plying with the conditions prescribed in
The ordinances made on the subject Of
lands
II does not appear that any If these
original papers referred To- are IN existence.
or were ever recorded but assuming them
to he genuine. they constitute the whole
Of the title of the claimant under the Ilou-
mas grant under the Spanish grant.
n does not appear that the fact Of the
grant has ever been contested by this gov
eminent. The whole question has been rs
b. its extent.
The first account we have of this claim
under this government was an application
made Nv the claimant. about tho year 1904,
90 Governor Claiborne, Of Louisiana. tp
have same surveyed, and in pursuance Of
on order from him, one bartholomew
LafDn was appointed 30 survey the same.
Lafon's survey ran ont the northwest
line 90 Bayou Manchnc. aud the northeast
ern line TO Lake Maureras, including oil
the lands included in these boundaries out
81 the Mnuchac and Amite rivers. which
was there the boundary on the east Of the
possessions Of the Spanish crown.
This survey, with the perfect Spanish
grant. upon which II was reputed 90 be
founded. was laid before the.board Of com
missioners. organized under the act Of the
"a March, 1905, for the purpose Of ascer
tanning aud adjusting the titles aud claims
10 lands within the Territory of Orleans
aud the district of Louisiana. " had then
been rarceed into three distinct tracts, one
held by Donaldson and Scott. aud the
other Ivy Daniel Clarke. and the third by
William Conway. all claiming title by
purchase or succession from Maurice Con
way
The two commissioners who composed
the hoard at the time the claims and the
evidence 30 support them were presented,
decided that the claimants had fully es-
tablished their right. that their title wns -
genuine and complete Spanish grant,
and that " included oil tho land claimed
hy Thorn aud included IN Lafon g
survey. These decisions appear under
the numbers l25.l21, aud 1873, in
the transcript of their decisions laid
before Congress. by the Secretary Of the
Treasury, on the sth day of January.
1919. Thomas u. Robertson, who became
y member Of the board subsequently 20
il= autipn on these claims, entered a form
al dissent from these decisions. Accord
ing TO the laws establishing this commits
sion. these decisions Of the commissioners
were 10 be reported 10 Congress for It's +
nal actiou and decision thereon.
That the claimants under the lloumps
grant were entitled 10 ninety six arpents
front on the Mississippi River. and the
common depth Of forty arpents rear, seems
! 10 have been conceded by oil Of tho agents
aud officers Of the Government, and that
| they were entitled to back concession TO
some extent, seems also to have been gen
| orally admitted. The W hole controversy
| rests upon the extent of the back conces-
| sion. No officer or agent Of the Govern
ment, except two of the commissioners.
| appointed under the act Of 1905. ever nc
| know ledged the grant 30 the extent claim
ed. We may except also Judge Bib, who,
| when Secretary of the Treasury. held 4.
that under tho act of 1914, Congress had
con frmed IL 20 the whole extent claimed.
| This decision Of Governor Bibb was sub
sequently reversed by tho Circuit Court Of
| the United States, aud from which deois-
| ION the claimants under tho lloumas
| grant have not appealed.
With these exceptions, the whole action
Of the Government. from the day Of tho
treaty Of 1908 UP 20 the act of the "a June,
| 1853. now under consideration. has been
against the claim 10 the extent urged by
the persons claiming under this grant.
Tho grant of the 2lst June, 177T, from
Governor Ghlvcz 10 Mnuiice Conway, con
tans the whole claim 90 the PROMISES IN
dispute. II never was potitioned for, sur
vcyod or granted otherwise than hcroinho
fore stated. u was complete grant To-
all IL conveyed. aud the solo question IN
controversy, admitting the grant 20 bo
genuine, is, bow much IL embraced. To
that extent. the Government Of thl Uni
tod States Is bound. both by tho law 81
nations aud tho treaty Of 1903. by which
we acquired tho title of France 90 Lous-
! IA 4 4
ment, no act of Congress- no confirmation
of commissioners 10 tho perfection Of tho
right Of those who claimed under IL. The
Government of the United States cove
nantod, so far rs concerns this controversy,
10 do nothing except 90 preserve tho
rights Of property Of those persons who
owned property in Louisiana. Tho Gov
orninont of the United Statos performed
all Of It's treaty stipulationE with France
with fidelity and honor H. not only re-
spectod perfect rights of property, but,
with n wise liboralily, IL undertook 20
carry out with roioronsp 10 tho people Of
tho coded province, all Of tho undorta-
kings, perfect or imperfect, of both tho
Governments Of France and Spain, tho
former rropriotors Of Louisiana.
The net Of 1906 roguird all persons
claiming under incomplete titles, and per-
Blifted all persons having compiefs titles, TO
present thom within n limited time 10
commissioners appointed under that act
whose duty 10 was 60 examine Thorn, aud
report thoif decisions thereon to Congress.
Their decisions were not final. Thoy woro
! subject TO the determination of Congress
thereon.
Tho act Of 1900 still further aided hon
est claimants under the French and Span
ish Governments.
Tho act of 1907 vested In the commits
sioners the power finally TO determine
upon all cases which involved no more
than tho quantity of land contained in
ono league square ; and the act Of 1874
authorized tho issuance Of patents to all
persona coming within the act Of 1907.
Tho claimants under tho lIoumas grant
como within nnnn of Ihnsn nrta of Cnn.