The register., 1860-04-05
THE HOUMAs LAND CLAIM.
A LETTER FROM JNO CLAIBORNE. ESQ,
TO THE HON. c. 7. BEMISS, ACCOMPA-
MED BY A LETTER FROM THE HON.
= JOHN SLIDELL TO MR. CLAIBORNE
New ORLEANS. April 70 1880

Dear Sir: In accordance with your request,
made several weeks ago, that would furnish
you with authentic information as to the nature
and history Of the Houmas Land Claim, and its
present condition, I have examined into the
official archives at the Land Office in this city.
as also into other official documents, and shall
proceed as briefly as my be compatible with
. full and fair view of the subject, to state the
result of my labors. f' If -.'ir4r
The French and Spanish laws, for the govern
ment Of the Colony Of Louisiana, as those Pow.
ers excessively held it, permitted to the Indian
tribes the occupation of the lands upon which
their villages and fields were situated. but the
Grown reserved to itself the title to the SOIL
Previous to the year l774 the Houmas and Ba-
yagoulas together occupied a considerable
tract fronting on the Mississippi, in what is now
the parish OIL Ascension. About that date three
gentlemen, Messrs. Maurice Conway, Latl and
N Namara, with the consent of the Colonial
authorities, bought Of the Indians their rights
to tract occupied by them, about twenty two
Leagues above this city, on the left bank Of the
river, with the customary depth Of forty ar
pen,s, by river front Of ninety-six arpents-
Subsequently, Maurice Conway purchased the
rights of his associates, and became thus the
sole proprietor Of the land. In the month of
September, 1875, Conway presented to the Gov
ernor of the Colony his petition. in which he
alleged bis ownership Of the tract above desert
bed. and stated that owing to the absence Of
timber on it, the Cypress Swamp being then, as
he said. more than league and half from the
river bank, he stood in need of the vacant lands
in the rear Of his property. all of which, EN-.
braced within the limits Of the side lines of his
property, protracted in the same directions, he
prayed might be granted him. The Governor
ordered Louis Andry. the Second Adjutarl Of
the post at New Orleans. and who. it appears,
was frequently employed in making surveys in
the Colony, to proceed to tbe'land of Conway,
and to ascertain and fix the boundaries Of the
vacant lands in the rear, as prayed for by him,
In such manner that no injury might be done
any other persons. and then to put Conway into
possession of them, making return of his do
ings to the Governor. in order that title in
form, in Conway's favor, might be made out.
This work was performed by Andry in the
month Of October following, in presence OF Don
Louis Judice, the Commandant of the Post of
Lafourche, (now Donaldsonville,) Maurice Con-
way, the propretors of the adjacent lands on
The upper ard lower limits, and the Chief of
the Houmas and Bayagouas, for whom Judte
acted as interpreter. Andry first proceeded to
al examination Of the boundaries of the front
tracts, and certified that he found the stakes
and landmarks the same as he had himself pla-
ced there in 1913, and that he afterwards ran
the upper and lower lines on the same compass
direction for the length of two arptnts in the
rear of the stakes or posts at the rear cxtrcmi-
ties Of the said lines. at which distance he pla-
ced other posts, describing their height and the
wood of which they were made. so that the di-
recton of the prolongation Of the side lines
might be clearly seen, and then put Conway
into possession OF the vacant lands included by
the lines to be so Erotracted.
On the 2lst June, l777. Governor Galvez, in
pursuance of what had been done in the prem-
ses under the orders of his predecessor. Unzaga.
sf,N t,,c p
title or concession by which he vested in him
the property Of the vacant lands in the rear Of
his front tract, within the limits and bounda-
ries 80 determined 10y Andry.
You will thus see that by the laws of the
Province, Maurice Conway became the full and
complete owner of all the vacant lands covered
by said grant. twenty-three years before Lou
isiana was retroceded to France. and twenty-siX
years before the latter Power cedcd it to the
United States, under n treaty, by the third
clause of which the inhabitants were solcmnly
guaranteed in their rights of property; the
United States becoming entitled only to vacant
lands, FORTS &C., &c.
AS the back limit of the vacant lands so
granted to Maurice Conway, in l777, was not
absolutely fixed by Andry. or Galvez, in the
act OF CONCESSION, we must have recourse to
the contemporancons acts of the private parties
in interest, or Of Govegpment officers, to show
how far the lands so conveyed to Conway did
extend Fortunately for the cause oftrrth and
justice, such testimony is by no means wanting;
for OH the 5,h March, l77s, Conway sold. by
act before Don Andre Almonaster Roxas the
Kings notary, to Oliver Pollock, thirty arpents
in front OF the property SO acquired, with a
depth extending to the lake. IA glance at the
map of the State will show that the only lake
in the rear was Manrepasl On the 5th day Of
February, 1895, William Conway, who held by
conveyance from his uncle Maurice, mortgagod
IN favor OF Alex. Baudin, portion of the same
lands having a front of thirty arpents by a
depth to- the Lake, by notarial act I; and on
the 7tb day Of April, 1903, he also mortgaged
in favor Of John Joyce another portion with a
front of thirty arpents, and depth to the Lake:
and on the 18th Of August, l79s at apubc
succession sale made under the orders of Don
juan Ventura Morales, the Intcndant of the
Province, of a portion of the same Maurice
Conway lands, which had been purchased Of
him by Col. st. Maxent, the property was de-
scribed as having front of twenty-nine ar.
pents, by q depth Of about four leagues and
in the adjudication to Louis Faure, who bought
it, was described as having that front, by the
depth which could be found, opening about
thirty-siX degrees. Another glance at The mar
will show that the line Of four leagues thus spo
ken Of, extended towards the Anite river. Il
is well to remember that Morales. as Intendant
was also Royal Treasurer of the Province, and
was. few months after that date. charged
with the disposition Of the Royal domain, which
power was taken away from the Governor
General on his recommendation, and he would
scarcely have permihed the sale, as private
property, of lands which were vacant, and
therefore part Of the Royal domain. Indeed
II there had been any want Of power in Galvez
10 make the grant in III, it. was fully cured
by the ordinance issued by Morales in his new
character. on the 18th of July, 1899, which ra
tilted ali titles OF the Inhabitants held unde
formal titles from former Governors.
The first step taken by Congress to carry ou
the obligations Of the treaty of cesson was tb
passage of an act in 1905 for ascertaining an,
adjusting titles and claims to land in the Terri
tory Of Orleans and District. of Louisiana
lBrightley's Digest. 532.) by whicha Board O
commissioners, to be composed of the Registe
1or the District. and two other persons. to b.
appointed by the President, were to hear an,
decide on claims founded not only on Frencl
or spanish grants made and completed beior
October lst, ls0O-the date of the Treaty O
San lldetonso-but also on other specified class
es of claims. The parties claiming under suc
complete grants might deposit with the Regis
ter, the grant. order, survey. or othee evidenc
on which they relied and the Board or ma
Jority of them were to decide summarily. an,
according to Justice and equity" on all claim
nied The Board, as at first constituted for tn
Territory of Orleans, was composed Of John "
Guriey, the Register, Joshua Lewis who lon