Joseph M. White.

A new collection of laws, charters and local ordinances of the governments of Great Britain, France and Spain : relating to the concessions of land in their respective colonies, together with the laws of Mexico and Texas on the same subject, to which is prefixed Judge Johnson's translation of Azo an online

. (page 26 of 88)
Online LibraryJoseph M. WhiteA new collection of laws, charters and local ordinances of the governments of Great Britain, France and Spain : relating to the concessions of land in their respective colonies, together with the laws of Mexico and Texas on the same subject, to which is prefixed Judge Johnson's translation of Azo an → online text (page 26 of 88)
Font size
QR-code for this ebook


hand, and sealed with my seal of arms, at Madrid, the twenty-first
day of October, one thousand eight hundred and twenty.

EVARISTO PEREZ DE CASTRO.



Digitized by



Google



222 Cirnl Lam f^ Spain and France.



[ 'ISS ] SURRENDER OF THD FLORIDAS BY SPAIN.

Copy of the paper in the English language^ signed hy the CommiP'
stoner on the part of the United States^ and the Commissioner on
Vie part of his Catholic Majesty, upon the delivery of possession
of the Province of East Florida to the United States.

In the place of SU Augustine, aod^oa the 10th day of July,
etgbteeo hundred and twenty-one, Don Jose Coppinffer, colonel of
the national armies, and commissioner, appointee! by his excellency
the captain general of the Island of Cuba to make a formal delivery
of this said place and province of East Florida to the government
of the United States ot America, by virtue of the treaty of cession
concluded at Washington on the22d of February, eighteen hundred
and nineteen, anil the royal schedule of delivery of the 24th of
October, of the last year, annexed to the documents mentioned in
the certificate that iorm a heading to these instruments in testi-
mony thereof, and the adjutant general of the southern division of
said States, Colonel Don Robert Butler, duly authorized by the
aforesaid government to receive the same : we, having had several
conferences in order to carry into effect our respective commissions,
as will appear by our official communications ; and having received
by the latter, the documents, inventories, and plans appertaining to
the property and soverei^ty of the Spanish nation held in this
provmce, and its adjacent islands depending thereon, with the sites,
public squares, vacant lands, public edifices, fortifications, and other
works, not being private property, and the same having been pre-
ceded by the arrangements and formalities that, for me greater
solemnity of this important act, they have judged proper, there has
been verified, at four o'clock of the evening of mis day, the complete
and personal delivery of the fortifications, and all else of this afore-
said province, to the commissioner, officers, and troops, of the United
States; and in consequence thereof, having embarked for the
Havana the military and civil officers and Spanish troops, in the
American transports provided for this purpose, the Spanish autho-
rities having this moment ceased the exercise of their mnctions, and
those appointed by the American government having began theirs;
duly noting that we have transmitted to our governments the doubts
occurring whether the artillery ou^ht to be comprehended in the
fortifications, and if the public archives, relating to private property,
ought to remain and be deUvered to the American government by
virtue of the cession, and that there remain in the fortifications,
until the aforesaid resolution is made, the artillery, munitions and
implements, specified in a particular inventory, awaiting on these
pomts, and the others appearing in question in our correspondence,
the superior decision ot our respective governments, and which is
to have» whatever may be the result, the most religious compliance



Digitized by



Google



CivU Laws of Spain and France. 328

at any time that it may arrive, and in which the possession that at
present appears given shall not serve as an obstacle.

Id testimony of which, and that this may at all times serve as an
expressive and formal receipt in this act, we, the subscribing com-
missioners, sign four instruments of this same tenor, in the English
and Spanish languages, at the above-mentioned place, and said day,
month, and year.

ROBERT BUTLER,
JOSE COPPINGER.

♦ (To the original act there is a certificate in the Spanish [ *199 ]
language, of which tne following is a translation.]

^ Id faith whereof I certify that the preceding act was executed
in the presence of the illustrious Ayuntamiento, and various private
persons assembled, and also of various military and naval officers
of the government of the United States of America.
St AuGusTiVB, lOth July, 1821.

JUAN DE ENTRALGO,
Notary of the Government and Secretary of the CabildoJ^*



Copy of the paper in the English language signed by the commis^
turner on the part of the United States, and the commissioner on
the part of his catholic majesty, upon the delivery of possession oj
the province of West Florida to the United States.

The undersigned. Major General Andrew Jackson, of the state i
of Tennessee, commissioner of the United States, in pursuance of
thie full powers received by him from James Monroe, President of
the United States of America, of the date of the 10th of March,
1S21, and of the 45th of the independence of the United States of
America, attested by John Quincy Adams, secretary of state, and
Don Jose Calla va, commandant of the province of West Florida, and
commissioner for the delivery, in the name of his catholic majesty,
of the country, territories, and dependencies of West Florida, to the
commissioners of the United States, in conformity with the powers,
commission, and special mandate, received by him from the captain
gwieral of the island of Cuba, of the date of the 5th of May, 1821,
imparting to him therein the royal order of 24th of October, 1820,
issued and siened by his catholic majesty Ferdinand the Seventh, and
attested by the secretary of state, Don Evaristo Perez de Castro :

Do certify by these presents, that, on the seventeenth day of July,
one thousand eight hundred and twenty-one of the christian aera,
and forty-six of the independence of the United States, having met
in the court room of the government house in the town of Pensacola,
accompanied on either part by the chiefs and officers of the army
and navy, and by a number of the citizens of the respective nations,
the saia Andrew Jackson, major general and commissioner, has



Digitized by



Google



224 CivU Laws of Spain and France.

delivered to the said colonel commandant Don Jos^ Calkva, his
before mentioned powers ; whereby he recognises him to have re-
ceived full power and authority to take possession of, and to occupy,
the territories ceded by Spain to the United States by the treaty
concluded at Washington on the 22d day of February, 1819, and
for that purpose to repair to said territories, and there to execute
and to perform all such acts and things touching the premises, ad
may be necessary for fulfilling his appointment conformably to the
said treaty and tne laws of the United States, with authority like-
wise to appoint any person or persons in his stead, to receive pos-
session ot any part of the said ceded territortes, according to the
stipulations of the said treaty: Wherefore, the colonel commandant
Don Jose Callava immediately declared, that, in virtue and in per-
formance of the power, commission, and sjpecial mandate, dated at
[ *200 ] Havana on the 5th of May, 1821, he thenceforth, and from *
that moment, placed the said commissioners of the United States in
possession of the country, territories, and dependencies, of West
Florida, including the fortress of St. Mark's, with the adjacent
islands dependent upon said province, all public lots and squares,
vacant lands, public edifices, fortifications, barracks, and other
buildings which are not private property, according to, and in the
manner set forth by, the inventories and schedules which he has
signed and delivered with the archives and documents directly
relating to the property and sovereignty of the said territory of
West Florida, including the fortress of St. Mark's, and situated to
the east of the Mississippi river, the whole in conformitv with the
second article of the treaty of cession concluded at Washington the
22d of February, 1819, bietween Spain and the United States, by
Don Luis de Onis, minister plenipotentiary of his catholic majesty,
and John Quincy Adams, secretary of state of the United States,
both provided with full powers, which treaty has been ratified on the
one part by his catholic majesty Ferdinand the Seventh, and the
president of the United States, with the advice and consent of the
senate of the United States, on the other part ; which ratifications
have been duly exchanged at Washington, the 22d of February,
1821, and the forty-fifth of the independence of the United States of
America, by General Don Dyonisius Vives, minister plenipotentiary
of his catholic majesty, and John Quincy Adams, secretary of state
of the United States, according to the instrument signed on the same
day. And the present delivery of the country is made in order that,
in execution of the said treaty, the sovereignty and property of that
province of West Florida, including the fortress of St. Mark's, shall
pass to the United States, under the stipulations therein expressed.
And the said colonel commandant Don Jose Callava has, in con-
sequence, at this present time, made to the commissioner of the
United States, Major General Andrew Jackson, in this public cession,
a delivery of the keys of the town of Pensacola, of the archives,
documents, and other articles, in the inventories before mentioned ;
declaring that he releases from their oath of allegiance to Spain the



Digitized by



Google



Civil Laws of Spain and France* S25

cidzeDS and inhabitants of West Florida who may choose to remain
under the dominion of the United States,

And that this important and solemn act may be in perpetual
memory, the within named have signed the same> and have sealed
with their respective seals, and caused to be attested by their
secretaries of tne commission, the day and year aforesaid.

ANDREW JACKSON. JOSE CALLAVA.

Byorderof the commissioner on For mandato de su senoria el
the part of the United States. coronel comisario del gobiemo
R. K. Call, de Espana.

Seifry of the Commission, El Secretario de la Comision.

JosB Y. Cruzat.



• No. 24. [ •201 1

[tramslation.]
MARINE DEPARTMENT - OOLONIBS, LOUISIANA.
Nsw Orleans, 15 VindHniaire ; Year 12, 8 October, 1803.

The colonial prefect, and commissioner on the part of the French

S»vernment for receiving and delivering Louisiana, to Mr*
orales, intendant of that country for his catholic majesty :

Sm: Despatches from my government, forwarded by land from
Washington City, reached me yesterday : they bring me the treaty
for the cession of Liouisiana to the United States.

The first consul has been pleased to confide to me, in the name of
the French republic, the charge of receiving and surrendering that
country.

His intention, however, is, that I should not enter upon the active
execution of his orders, in that respect, and that I should not deliver .
my powers, until after the exchange of the ratifications between
France and the United States. The ratification by the first consul
has already been sent to our diplomatic agent, for the purpose of
being exchanged as soon as the president of the United States will
be ready to proceed to that exchange.

My instructions, as well as other important dispositions connected
with the entire fulfilment of my mission in tms place, render it
necessary for me to hasten, as much as possible, its accomplish-
ment

I hope you will be disposed to contribute to it, in what concerns
you, by preparing your statements beforehand.

I have the honour to be, with perfect consideration, &c.

LAUSSAT.

Vol. II. 29



Digitized by



Google



826 Civil LatDS of Spain and France.

Copy of a letter from General Wilkinsen and W. C. C. Claiborne to
the Secretary of State^ Jame$ Madison, Esq., December SO, 1 803.

CiTT or Nisw Orlbams, December 20, 1808,

Sm; We have the satisfaction to announce to you that the
province of Louisiana was this day surrendered to the United
mates hy the commissioner of France ; and to add, that the flag of
our country was raised in this city, amidst the acclamations of the
inhabitants;

The enclosed is a ccwpy of an instrument of writing which was
signed and exchanged by the commissioners of the two govem-
mentSy and is designed as a record of this interesting transaction.
Accept assurances of our respectful consideration.

WILLIAM C. C. CLAIBORNE,
JAMES WILKINSON.
The Honourable James Madisof,

Secretary of State, City of Washington.



No. 25.



Act of delivery by France to the United States of the Province of
Louisiana, 20th December, 1803.

The undersigned, William C. C. Claiborne and James Wilkinson,
commissioners or agents of the United States, agreeably to the fuU
powers they have received from Thomas Jefferson, president of the
United States, under date of the 81st October, eighteen hundred
and three, and twenty-eighth year of the independence of the United
States of America, (eichth Brumaire, twelfth year of the French
republic,) countersigned by the secretary, James Madison ;

And Citizen Peter Clement Laussat, colonial prefect and commis-
sioner of the French government for the delivery, in the name of
the French republic, of the country, territories, and dependencies, of
Louisiana, to the commissioners or agents of the United States,
conformably to the powers, commission, and special mandate, which
he has received, in the name of the French people, from Citizen
Buonaparte, first consul, under date of the sixth of June, eighteen
hundred and three, (seventeenth Prairial, eleventh year of the
French Republic,) countersigned by the secretary of state, Hugues
Maret, and by his excellency the minister of marine and colonies,
Decr^s ;

Do certify by these presents, that, on this day, Tuesday, the
twentieth December, eighteen hundred and three of the Christiaa
era, (twenty^ighth Frimaire, twelfth year of the French repiAlic,)
beiqg conveaed m the hall of the Hotel de Yille of New Orleansy



Digitized by



Google



Cwil.Lawa cf Spain and France. 827

ftecompaniedt on both sides, hy the chie& and officers of the annjr
ttd navy, b^ the municipality, and divers respectable citizens of

tbeir respective republics, the said William C. C. Claiborne and
James Wilkinson delivered to the said Citizen Laussat their aforesaid
M powers, by which it evidentlj^ appears that full power and
authority has been given them, jointly and severally, to take
toflsession of and to occupy the territories ceded by France to the
united States by the treaty concluded at Paris on the thirtieth
day of April last past, (10th Flor^al,) and for that purpose to repaif
to the said territory, and there to execute and perform all such acts
and things touching the premises as may be necessary for fulfilling
their appointments conformably to the said treaty and the laws of
the Umted States.

And thereupon the said Citizen Laussat declared that, in virtue of
and in the terms of the powers, commission, and special mandate,
dated at St. Cloud, the sixth of June, eighteen hunared and three#
of the Christian era, (seventeenth Prairial, eleventh year of the
French republic,) he put from that moment the said commissioners
of the United States m possession of the country, territories, and
dependencies, of Louisiana, conformably to the first, second, fourth*
and fifth articles of the treaty, and the two conventions concluded
and signed the thirtieth of April, eighteen hundred and three, (tenth
Flor^, eleventh year of the French republic,) between the French
repablic and the United States of America, by Citizen Francis
Barb^ Marbois, minister of the public treasury, and Messieurs
Robert R. Livingston and James Monroe, ministers plenipotentiary
of the United States, all three furnished with full powers, of which
treaty and two conventions, the ratifications made by the first
consul of the French republic, on the one part, and by the president
of the United States, by and with ♦ the advice and consent [ «203 ]
of the senate, on the other part, have been exchanged and mutually
received at the City of Washington, the twenty-first of October,
eighteen hundred and three, (twenty-eighth Vind^miaire, twelfth
year of the French republic,) by Citizen Louis Andr^ Pichon,
Charge (T Affaires of the French republic, near ihe United States,
on the part of France, and by James Madison, secretary of state of
the United States, on the part of the United States, according to the
Proch Verbal drawn up on the same day.

And the present deliverv of the country is made to them, to the
end that, in conformity with the object of the said treaty, the sove-
reignty and property of the colony or province of Louisiana may pass
to the said United States, under the same clauses and conditions as
it had been ceded by Spain to France, in virtue of the treaty con-
cluded at St. Ildefonso on the first of October, eighteen hundred,
(ninth Vind^miaire, ninth year,) between these two last powers,
which has since received its execution by the actual re-entrance of
the French republic into possession of the said colony or province.

And the said Citizen Laussat has in consequence, at tms present
tiine,<leliTered to the safd commissaries of the United States, in Hm



Digitized by



Google



838 Ciml Laws of Spain and France.

puUic tiXtingf the kejrs of the city of New Orleans, declaring that he
discharges ^om their oaths of fidelity, towards the French republic,
the citizens and inhabitants of Liouisiana who shall choose to remain
under the dominion of the United States.

And that it may forever appear, the undersigned have signed the
proces verbal of this important and solemn act, in the French and
English languages, and have sealed it with their seals, and have
caiued it to be countersigned by their secretaries of commission, the
day, month, and year, above written.

WILLIAM C. C. CLAIBORNE,
JA. WILKINSON.
By order of the commissioners on the part of the United States.
D. Wadsworth, Secretary of the American commission.
Laussat,
Par le Pr^fet Colonial, comm»« du gouvernment Fran^ais le Sec-
retaire de la commission.
Dauobrot.
After that it is written as follows : D^pos^ aux archives de Thotel
de ville de cette commune, k la Nouvelte Orleans, le 6 Niv6se; an
12, de la republique Francais, 28 D^cembre, 1803, de J. C.

LAUSSAT.
Par le pr&fect colonial, commissaire du gouvernment Francais, le
secretaire de la commission.
Dauobrot.
I hereby certify that the foregoing is a true copy of the original,
deposited among the records of me Uity Council of New Orleans.

M. BOURGEOIS, CUy Clerk.
Nbw Orlbajcs, October 22, 1816.

Matoraltt op Orleans.

I, Aug. Macarty, mayor of the city of New Orleans, do hereby
certify, that Mr. M. Bourgeois, whose signature is affixed at the
foot of the within instrument of writing, is the clerk of the City
[ *204 ] Council of New Orleans, * and that full faith and credit is
due and ought to be given to his signature as such.

In testimony whereof, I have hereunto subscribed my
[l. s.] name, and affixed the seal of the mayoralty of Orleans, at
New Orleans aforesaid, this 6th day of November, 1816.

AUG. MACARTY, Mayor.



No. 26.
REGULATIONS OF O'REILLY, GAYOSO, AND INTENDANT MORALES.

IXm Alexander O'Reilly, oommander of fienfa^oii, of the order of Alcmntara, inipeP-
tor general of infantry, appointed, by special commiaaion, gfbvemor and capCaia
general of this province of Loubiana.

Divers complaints and petitions, which have been addressed to us
by the inhabitants of Opelousas, Attaoapas, Natchitoches, and other

Digitized by VjOOQIC



Civil Laws of Spain and France. 3S9

pUces of this province, joined to the knowledge we have acquired
of the local concerns, culture, and means, of the inhabitants, by the
Tiatt which we have lately made to the Cote des Allemands, C6te
des Accadions ; Hyberville, and La Pointe Coupee, with the exa-
mination we have made of the reports of the inhabitants assembled,
by our order, in each district, having convinced us that the
tranquillity of the said inhabitants, and the progress of culture, requir-
ed a new regulation, which should fix the extent of the grants of
lands which shall hereafter be made, as well as the enclosures,
cleared lands, roads, and bridges, which the inhabitants are bound
to keep in repair, and to point out the damage by cattle, for which
the proprietors shall be responsible ; for these causes, and having
nothing in view but the public good and the happiness of every
inhabitant, after having aavised with persons well informed in these
matters, we have regulated all those objects in the following arti-
cles:

1. There shall be granted to each newly arrived family, who may
wish to establish themselves on the borders of the river, six or eight
arpens in front, (according to the means of the cultivator,) by forty
aipens in depth, in order that they may have the benefit .of the
cypress wooa, which is as necessary as useful to the inhabitants.

2. The grantees, established on the borders of the river, shall be
held bound to make, within the three first years of possession, mounds
sufficient for the preservation of the land, and the ditches necessary
to carry off the water. They shall, besides, keep the roads in good
repair, of the width of at least forty feet between the inner ditch,
which runs along the mound and the barrier, with bridges of twelve
feet over the ditches which may cross the roads. The said gran-
tees shall be held bound, within the said term of three years'
possession to clear the whole front of their land to the depth of two
arpens ; and, in default of fulfilling these conditions, their land shall
revert to the king's domain and be granted anew ; and the judge of
each place shall oe responsible to the governor for the supermtend-
ence of this object.

3. The said grants can neither be sold nor aliened by the
proprietors, until after. three years of possession, and until the
abovementioned conditions shall have been entirelv fulfilled. To
guard against every evasion ♦ in this respect, the sales of [ *205 ]
the said lands cannot be made without a written permission from
the governor general, who will not ^rant it until, on strict inquiiy, it,
shall be found that the conditions aoove explained have been duly
executed.

4. The points formed by the lands on the Mississippi river,
leaving, in some places, but little depth, there. may be granted, in
these cases, twelve arpents of front: and, on a supposition that
these points should not be applied for by any inhabitant, they shall
be distributed to the settlers nearest thereto, in order that the com-
munication of the roads may not be interrupted.

5. If a tract belonging to minors should remain uncleared, and



Digitized by



Google



SSO Civil L(OD9 of Spain and Prance.

the mounds and roads should not be kept in repair, the judge of the
quarter ^hall inquire into the cause thereof. If attributable to the
^ardiansy he shall oblige him to conform promptly to this regula-
tion ; but, if arising from want of means in the minors, the jwlge«
after having, by a verbal process, attained proof thereof, shall
report the same to the governor TOneral, to the end that the said
land may be sold for the benefit of the minors ; (a special favour^
granted to the minors only;) but if no purchaser shall within six
months be found, the said land shall be conceded gratis.

6. Every inhabitant shall be held bound to enclose, within three
years, the whole front of his land which shall be cleared; and, for
the remainder of his enclosure, he will agree with his neighbours,
in proportion to his cleared land and his means.

7. Cattle shall be permitted to go at large from the eleventh of
Novei;nber to the fifteenth of March, of the year following ; and,
at all other times, the proprietor shall be responsible for the damage
that his cattle may have done to his neighbours. He who may have
suffered the damage shall complain to the judge of the district ;
who, after having satisfied himself of the truth thereof, shall name
experienced men to estimate the value of the same, and shall then
order remuneration without delay.

8. No grant in the Opelousas, Attacapas, and Natchitoches, shall
exceed one league in front by one league in depth ; but when the
land granted shall not have that depth, a league and a half in firont
by half a league in depth may be granted.

9. To obtain, in the Opelousas, Attacapas, and Natchitoches, a
grant of forty-two arpens in front bv forty-two arpens in depth, the
applicant must make appear that be is possessor of one hundred
head of tame cattle, some horses, and sheep, and two slaves to look
after them — a proportion which shall always be observed for the
grants to be made of greater extent than that declared in the pre-
ceding article.

10. All cattle shall be branded by the proprietors; and those who



Online LibraryJoseph M. WhiteA new collection of laws, charters and local ordinances of the governments of Great Britain, France and Spain : relating to the concessions of land in their respective colonies, together with the laws of Mexico and Texas on the same subject, to which is prefixed Judge Johnson's translation of Azo an → online text (page 26 of 88)