The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1877-11-10
History. Of the go.
H0UMAS LAND CLAIM.
BY RoBF. II. BRADFORD.
Reproduced from Drapeau de rAsceRSioN
CHAPTER VI.

We have now seen that if the Hou-
mas title ever derived protection from
the guaranty of the third article of
the treaty of Paris of April 30, 1903,
ceding the province of Louisiana to
the United States, that protection
ceased on the admission of the State !;
thai absolutely no confirmation, leg
islatiye or judicial, exists for'any part
of the Houmas claim; and that al
though under the principles of inter-
national law, as implied with respect
to complete grants by the fourth Sec
ton of the act of March 2, 1905, and
by the acts of May 26, 1924, and June
IL, 1874, the title is perhaps good to
Che depth of forty drpens from the
Mississippi, yet beyond sthat depth
the claim is, in tile language of the
act of 1894, revived, " forever barred
at law and equity" 50 that no action
ut common law or proceeding in
equity can ever be sustained in any
court whatever in relation to said
back concession.
Having thus endeavored to show
that the Houmas claim, back of forty
arpents, is absolutely void in law and
equity, we will conclude this series of
articles by showing ia whom the title
to that part of the claim really vests,
and how our citizens should proceed
to acquire that title where they do
not possess it already.
We have seen that the Houmas til
tie embraces more than ia ,438 81
acres Of this quantity, the United
States lave sold in New Orleans, I'M
der the presumption acts of May %,
1880, ard June 10, 1884, 81 ,800.63
acres, in townships and 9, South of
range l, East, in the southeastern
land district of Louisiana, east of the
Mississippi river. in townships 8, 8
and 10 S., r. & E., and in townships
8 and 10 S., r. BE. (Senqte Document
KY, PIP. 148-I55.) BY the same
Document, p. l56, it also appears that
under the back presumption law of
March 3, 1911, as revived for two
years by the seventh section of the
act of May IL, 1920, the United States
have also sold, in New Orleans, 2453.-
IL acres III the Houmas claim, in 7. 9
S., r. E., and in rs. 8 and 10 S., R.
2 E.. By the same Document, pages
l43-147, it also appears that the Uui-
ted States have confirmed and sur
yeyed large number of private
claims ID the Houmas title.
The LIST OF claims ard back pre-
emption. thus reported to the Senate
! of the United States as conflicting
with the Houmas title, omits some
claims and many back preemptions
also conflicting with that title.
Many and probably all of the above
preemptions under the acts of 1880
and 1884, have been Cancelled by the
federal officers; but we have seen,
from the case of Laforest Us. Down
ing, that the preemptor's title remains
unimpaired by this cancellation, an
less he has aequiesced IN it by receiripg
back his entry money. 1t is needless
to add that the confirmed claims and
back preemptions conflicting with the
Houmas title are also generally valid,
where the claimant or preemptor has
not voluntarily abandoned his right
The status of the Houmas title to
the forty arpegs line, of its double
concession, and of the preemptions,
the back preemptions and confirmed
claims conflicting with the double
concession, having been discussed, it
remains to consider the title to the
residuum of that concession not dis,
posed of by the United States to indi-
Viduals. We have seen that by the
acts of May DC, 1924, and June II,
1914, the part of the double conces-
sion remaining disposed of June II,
1916, became from that day " a part
of the public lands of the United
States, subject .tothe same disposition
as any other public land in the same
district" The disposition thus an
ticipated was afterwards made by the
Congressional swamp land grants to
Louisiana March 2, 1919, TX Stat at
T., 352 aud September %, 1850, 10.
5l9.) The first section of the former
act declares, "That, to aid the State
of Louisiana in constructing the nee |
essarY leyees and drains to reclaim |
the swamp and oyerfowed lands
therein, the whole of those swamp
and. overfiowed lands which may be |
or are found unfit for cultivation, |
shall be and the same are hereby |
granted to that State" AS the third |
section of the act excerpts from this
granting clause lands on watercourses
surveyed into lots of about 5x40 ar !
pens and containing about l60 acres,
the supplemental act of September
%, 1850, was passed, granting the lots
reserved by the act of 1913, and af-
firming the donation of the lands
granted by that act. The first section
of the act of 1850 declares, g That to
enable the. State of Arkansas to con-
struct the necessary levees and drains
to reclaim the swamp and overlooked
lands therein, the whole of those
swamp and overlooked lands made
unfit thereby for cultivation, which
shall remain uhsold at the passage of
this act, shall be, and the same are
hereby granted 80 said State" The
fourth section extends the benefits of
the act g to each of the other States
# tlle Union in which such swami