3 SENOR GOVERNOR. In compliance with your superior order, in which you command me to give information on the solicitation of the individual interested in the foregoing memorial, I have to say, that as to the land for which he asks, nothing occurs to me, why it should not be granted if you find it convenient, with the condition nevertheless, that the grantee shall observe the provisions of his majesty relating to the trade with the Indians; and that this be absolutely prohibited to him, unless he shall have my consent in writing. New Orleans, 29th Oct. 1796. (Signed) New Orleans, 10th November, 1796. ANDREW TODD. Granted as asked, under the restrictions expressed in the information given by the merchant, Don Andrew Todd. (Signed) THE BARON DE CARONdelet. Translation of the Register of the United States, in the District of Kaskaskia. Pierre Dugne de Boisbriant, Knight of the military order of St. Louis and first king's lieutenant of the province of Louisiana, commanding at the Illinois, and Marc Antoine De La Loire Des Ursing, principal secretary for the royal India Company. On the demand of Charles Danie, to grant him a piece of land of five arpens in front, on the side of the Mitchiagamia river, running north and south, joining to Michel Philip on one side and on the other to Meleque and in depth east and west to the Mississippi. In consequence, they do grant to the said Charles Danie (in. soccage) the said land, whereon he may from this date commence working, clearing and sowing, in expectation of a formal conces sion, which shall be sent from France by Messrs. the directors of the royal India Company; and the said land shall revert to the do main of the said company, if the said Charles Danie does not work thereon, within a year and a day. Signed by Boisbriant, Lesursius, the tenth day of May, 1722. I do certify the foregoing to be a true copy from a paper filed in my office. Witness my hand and seal, this 31st day of December, 1804. (Signed) Recorded in book B. page 16, ROBERT MORRISON. The foregoing is a copy of the translation remaining on record in my office, in translation book A. page 86 and 37. MICHL. JONES, Register. At a sitting of the Board of Commissioners held on the 20th day of September, 1806, PRESENT, The Honorable JOHN B. C. LUCAS, CLEMENT B. PENROSE, JAMES L. DONALDSON, Esqs. Julian Dubuque and Auguste Chouteau, claiming a tract of one hundred and forty-eight thousand, one hundred and seventy-six arpens of land, situate at a place called the Spanish mines, on the river Mississippi, at a distance of about four hundred and forty miles from St. Louis, forming in superficies about twenty-one leagues-Produce a petition of the said Julian Dubuque to the Baron de Carendelet, praying for the peaceable possession of an extent of land of about seven leagues on the western banks of the Mississippi, beginning at the heights of the Little river Maquanquitons to the heights of Mesquanbinanques, being in front on said river seven leagues, by a depth of three leagues, the whole forming the said tract called the Spanish mines. A reference by the Baron de Carondelet to one Andrew Todd, an Indian trader, of the above demand, under the date of the 22d October, 1796, with the assent of said Andrew Todd, to the granting of the same, provided the said petitioner should not interfere with his trade, the same dated 27th of same month and year. The decree of the Baron de Carondelet, in the words following, Concedido como se solicito baxo las restricciones que el comerci ante Dn. Andres Todd, expresa en su informe, 10th Novr. 1796. (Signed) EL BARON DE CARONDELET. Translation By the Transiator of the Board. Granted as it is demanded under the restrictions mentioned by the merchant Don Andrew Todd, in his information, 10th November, 1796. (Signed) The BARON DE CARONDELET. An additional article to a treaty made by William Henry Harrison, with the United tribes of the Sacs and Foxes Indians, dated November 3d, 1804, wherein it is agreed that nothing in said treaty shall effect the claim of any individual or individuals, who may have obtained grants of land from the Spanish government, and which are not included within the general boundary line, laid down in said treaty, provided that such grants have at any time been made known to the said tribes and recognised by them; A certificate in the words following, The undersigned William Henry Harrison, governor of the territory of Louisiana, and commissioner plenipotentiary of the United States, for treating with the Indian tribes north west of the Ohio, hereby certify and declare, that after the treaty which was made with the Sacs and Foxes at St. Louis, on the 3d day of November, 1994, was drawn up and prepared for signing, he was shewn a grant from the governor general of Louisiana, to a certain Dubuque, for a considerable quantity of land, at some distance up the Mississippi, and where the said Dubuque has for many years resided; finding that this tract would be considered as receded by the treaty as it then stood, the additional article was written and submitted to the Indians, they readily consented to it, and the undersigned informed them that the intention of it was to embrace particularly the claim of Dubuque, the validity of which they acknowledged. Given under my hand and seal, at Vincennes, the 1st day of (Signed) WILLIAM HENRY HARRISON. And last by a bill of sale of one half of said tract to said Auguste Chouteau by said Julian Dubuque, dated October 20th, 1804. A majority of the board, John B. C. Lucas dissenting, ascertain this claim to be a complete Spanish grant, made and completed prior to the first day of October, 1800. Extract from the minutes. J. V. GARNIER, Report of Secretary of the Treasury, to the President of the United States. FACTS. In 1788, Dubuque purchases; from the Indians, an extent of 7 leagues front on Mississippi, by three leagues in depth, contain. ing upwards of 140,000 acres, and the most valuable lead mines of Louisiana, situated about 500 miles above St. Louis. The sale is very vague; they permit Dubuque to work the mine as long as he pleases, and till he thinks proper to abandon it, without confining him to any time, and they also sell him the hill and contents of the land (or mine) found by Peosta's wife, and if he finds nothing in it, he may seek where he pleases and work quietly. In 1796, he presents his requete to governor Carondelet at New Orleans, stating that he has made a settlement (habitation) or settled a plantation amongst the Indians, that he has purchased from them a portion of land with all the mines therein contained; that the habitation is but a point and inasmuch as the mines he works are three leagues from each other, he requests the governor to grant him the peaceable possession of the mines and lands, contained within certain natural boundaries, and which he states as being above six leagues in front, and three in depth. The governor refers the application for information to A. Todd, who had the monopoly of the Indian trade on the Mississippi. A. Todd reports, that no objection occurs to him, if the governor thinks it convenient to grant the application, provided that Dubuque shall not trade with the Indians without his permission. Governor Carondelet, writes at the foot of the request, "granted as is asked (concedido como se solecita) under the re strictions mentioned by Todd, in his information, 10th November, 1796." Governor Harrison in his treaty with the Sacs and Foxes, of 3d November 1804, introduces an additional article by which it is agreed that nothing in the treaty shall affect the claim of individuals who might have obtained grants of land, from the Spanish go. vernment, known to, and recognised by the Indians, though such grants be not included within the boundary line fixed by the treaty with said Indians. And the same governor certifies that the article was inserted with the intention of particularly embracing Dubuque's claim. The claim having been laid before the commissioners, they made on 20th September, 1806, the following decision : "A majority of the board, John B. C. Lucas dissenting, ascertain this claim to be a complete Spanish grant, made and completed prior to the 1st day of October, 1800." A copy of that decision, tested by the assistant clerk of the board, has been delivered to Aug: Chouteau, who had purchased from Dubuque, one undivided half of the claim. REMARKS. I. Governor Harrison's treaty adds no sanction to the claim : it is only a saving clause in favor of a claim without deciding on its merits, a question which indeed he had no authority to decide. II. The form of the concession, if it shall be so called, is not that of a patent, or final grant; and that it was not considered as such the commissioners knew, as they had previously received a list procured from the records at New Orleans, and transmitted by the secretary of the treasury, of all the patents issued under the French and Spanish government, in which this was not included, and which also shewed the distinction between concession and patent, or complete title. III. The form of the concession is not even that used when it was intended ultimately to grant the land; for it is then uniformly accompanied with an order to the proper officer to survey the land, on which survey being returned, the patent issues. IV. The governor only grants as is asked: and nothing is asked but the peaceable possession of a tract of land on which the Indians had given a personal permission to work the lead mines as long as he should remain. Upon the whole this appears to have been a mere permission to work certain distant mines without any alienation of or intention to alienate the domain. Such permission might be revoked at will; and how it came to be considered as transferring the see simple, or even as an incipient and incomplete title to the fee simple, cannot be understood. It seems also that the commissioners, ought not to have given to any person certificates of their proceedings tending to give a color of title to claimants. They were by law directed to transmit to the treasury a transcript of their decisions, in order that the same might be laid before Congress for approbation or rejec tion. |