4thly. That the said land never was intended, nor never was located, as pretended by the representatives of de Maison Rouge, but was at a different place.

In support of these objections, and of others, to the confirmation of this claim, a reference has been made to the documents aforesaid, and to the depositions of sundry old inhabitants of Lousiana, and of Spanish officers, which were taken by proper authority, after due notice given, and which estimony is marked W, and accompanies this report; also, to the certificate of Carlos Trudeau, translated by L. Derbigny, on the 17th April, 1804.

[TRANSLATION. ]

I, Don Carlos Trudeau, Surveyor royal and particular of the province of Louisiana, &c. do certify, that the present draft contains 144 superficial leagues, each league forming a square, the sides of which are in length 2,500 toises (a toise is six French feet long,) measure of the city of Paris, according to the custom and practice of this colony, the said land being situate in the post of Ouachita, about 80 leagues above the mouth of that river, falling into Red river, adjoining on the part of the S. W. to the Eastern shore of the river and bayou Ouachita, Bartelemy, and Sicard, conformable to the red line which borders the said river and bayous; bounded on the South part, by a line drawn from the South, 75° East, about three leagues and one mile long: beginning from the shore C, of the Bayou Sicard, and continuing as far as the height of the junction A of the said Bayou Sicard, with the Bayou Bartelemy, the said point A being as a basis on the line of measurement A B of 12 leagues in length, parallel with the plane of Bayou Bartelemy, from the point A to the end of the said 12 leagues, which terminates at point B, where is the mouth of the rivulet named Bayou Turniro; the lines D E and F G, are parallel lines directed North 52 degrees East, without minding the variation of the compass, which varies eight degrees to the Northeast. In testimony, I deliver the present certificate, with the draft hereto affixed, for the use of the Baron de Bastrop, on the 14th day of June, 1797. I, the Surveyor, having signed the same, and recorded in the book A, No 1, folio 38, department No. 922 of the surveys. I do certify the present copies to be conformable to the original, which are lodged in the office under my care, to which I refer, and, at the request of a party, I deliver the present, same date as above.

CARLOS TRUDEAU, Surveyor.

I certify the above to be a true and faithful translation of the original certificate of survey written in the Spanish language, and to which is prefixed the plat of the land therein mentioned.

New Orleans, 17th April, 1804.

L. DERBIGNY, Interpreter to the Government.

From a careful examination of the foregoing documents and testimony, the committee are of the opinion, that the decision, in the present claim, depends entirely upon a question of law as to the title, and upon the examination of witnesses as to several important points to be ascertained; and that an investigation of the claim by Congress, would not only be attended with

great delay, but with so many difficulties, that justice as well to the parties interested, as to the Government of the United States, requires a reference of the decision of this claim to the United States' Court, for the Western District of Louisiana, with an appeal to the Supreme Court of the United States; and, for that purpose, report a bill.

FEBRUARY 11, 1825.

The select committee to which was referred, upon the day of December, 1824, the petitions of inhabitants of Ouachita, in the State of Louisiana, and the owners of the land called "Bastrop's Grant,” in said county of Ouachita, having had the same under consideration, together with the accompanying documents, report:

That, from the documents furnished, and from the title papers as published in the land laws of the United States, (of the authenticity of which they are unable to form any opinion) it appears a petition was addressed to the Governor General of Louisiana, by De Bastrop, upon the 20th June, 1795, of which the following is a copy:

To the Governor General:

The Baron de Bastrop, desirous of encouraging the population and cultivation of the Ouachita and its neighborhood, of passing into the United States to complete the plan of emigration which he has projected, and from thence to return with his family, makes known to your Lordship, that it is absolutely indispensable, on the part of the Government, that a district be designated, of about twelve leagues square, including the Bayou Liar, and its vicinity, in which your petitioner may, without the least obstacle or delay, place the families he is about to bring in, on the express condition, that concessions of land are to be made gratis; and under no title or pretext to exceed, at most, four hundred arpents square, with a view to prevent the introduction of negroes, and the making of indigo, which, in that district, will be entirely contrary and prejudicial to the cultivation of wheat, and will cause your petitioner irrecoverably to lose the expenses of his establishment. Your petitioner prays, also, that you will be pleased to grant him permission to export, for the Havana, the flour which may be manufactured at the mills on the Ouachita, without confining him to sell it absolutely in New Orleans, and other posts in this province, unless it should be necessary for their subsistence, in which case they ought always to have the preference. It is also indispensable, that the Government should charge itself with theconducting and support of the families which the petitioner may introduce from the post of New Madrid to Ouachita, by furnishing them with some provisions for the subsistence of the first months, and assisting them to commence the sowing of their seeds; granting to those inhabitants who are not Catholics, the same liberty of conscience as is enjoyed by those of Baton Rouge, Natchez, and other districts of the province, and without fixing, on the part of the Government, conclusively, the number of families which your petitioner is to introduce. The zeal which I feel for the prosperity and encouragement of the province, joined to a desire of securing tranquil

lity and quietude to that establishment, by removing, at once, whatever obstacles might be opposed to those interesting objects, have induced me to represent to you what I have here done, hoping that you will recognise in these dispositions, the best service of the King, and the advancement of the province confided to your authority.

New Orleans, June 20, 1795.

DE BASTROP.

Upon the 21st June, 1795, an order was given upon said petition, of which the following is a copy:

NEW ORLEANS, June 21, 1795.

Seeing the advantages which will result from the establishment projected by Baron Bastrop, the commandant of Ouachita, Don John Fathiol, will designate twelve leagues square, half on the side of the Bayou of Liar, and half on the side opposite the Ouachita, for the purpose of placing there the families which the said Baron may direct, it being understood that no greater concession of land is to be given to any one, than four hundred square arpents at most, gratis, and free from all dues. With regard to the object of this establishment, it is to be for the cultivation of wheat alone. The exportation of the product of this province being free, the petitioner need not doubt that it will be allowed to him, for the flour which he may manufacture at the mills of the Ouachita, to the Havana, and other places open to the free commerce of this province. The Government will charge itself with the conducting of the families from New Madrid to Ouachita, and will give them such provisions as may appear sufficient for their support during six months, and proportionably for their seeds. They shall not be molested in matters of religion, but the apostolical Roman Catholic worship shall alone be publicly permitted. The petitioner shall be allowed to bring in as many as five hundred families: Provided, That, after the lapse of three years, if the major part of the establishment shall not have been made good, the twelve leagues square, destined for those whom the petitioner may place there, shall be occupied by the families which may first present themselves for that purpose. The BARON DE CARONDELET.

Upon the 20th June, 1796, a decree was given by the same Governor General, as follows:

The Baron de Carondelet, Chevalier of the religion of St. John, Marshal de Camp of the royal armies, Governor General, Vice-patron of the provin ces of Louisiana, West Florida, and Inspector of the troops, &c.

Whereas Baron Bastrop, in pursuance of his petition, dated the 20th of June, of the year last past, and the decree of the 21st of the same month, has commenced the establishment of the Ouachita; that, for the fulfilment of the stipulation on the part of the Government, for avoiding, progressively, all obstacles, difficulties, and delays; and that the said Baron might proceed with every facility in fixing the families, which, to the number of five hundred, he was held to place, or cause to be placed there, we have proceeded to designate the twelve leagues intended for the said establishment, in the terms, with the limits, metes, and bounds; and in place marked, fixed,

and defined, by the figured plan and description affixed to the head of this instrument, verified by the Surveyor General, Don Charles Laveau Trudeau; it having now appeared to us to be also most expedient, for avoiding all contest and dispute, and approving them as we do approve them, by virtue of the authority which the King has granted to us, we do destine and appropriate, in his royal name, the aforesaid twelve leagues, in order that the said Baron Bastrop may establish them in the manner and under the conditions expressed in the said petition and decree. We give the present, signed with our hand, sealed with the seal of our arms, and countersigned by the underwritten honorary Commissary of War, and Secretary of his Majesty for this commandancy-general.

ANDRES LOPES ARMESTO.

The BARON DE CARONDELET.

Upon the 12th June, 1797, De Bastrop presents another petition to the Governor General, in the following words:

To the Governor General:

Baron De Bastrop has the honor to make known to you, that, it being his intention to establish in the Ouachita, it is expedient that you should grant to him a corresponding permission to erect there one or more mills, as the population may require; as, also, to shut up the Bayou de Liar, where he proposes to establish the said mills, with a dike in the place most convenient for his works; and, as it appears necessary to prevent disputes in the progress of the affair, he begs, also, the grant, along the Bayou Barthelemi, from its source to its mouth, of six toises on each bank, to construct upon them the mills and works which he may find necessary; and prohibiting every person from making upon the said Bayou any bridge, in order that its navigation may never be interrupted; as it ought, at all times, to remain free and unobstructed. This request, sir, will not appear exorbitant, when you are pleased to observe that your petitioner, who will expend in these works twenty thousand dollars or more, will be exposed, without these grants, to lose all the fruits of his labors, by the caprice or jealousy of any individual, who, being established on this Bayou, may cut off the water or obstruct the navigation; not to mention the loss which the province will sustain, of the immense advantages to result from the useful project proposed for the encouragement of the agriculture and population of those parts. DE BASTROP.

New Orleans, June 12, 1797.

And, upon the same day, the Governor General gave the grant, a copy of which follows:

NEW ORLEANS, June 12, 1797.

Considering the advantages to the population on the Ouachita, and the province in general, to result from the encouragement of the cultivation of wheat, and the construction of flour mills, which the petitioner proposes to make at his own expense, I grant him, in the name of his Majesty, and by virtue of the authorities which he has conferred upon me, liberty to shut the Bayou de Liar, on which he is about to establish his mills, with a dike, at the place most proper for the carrying on of his works. I also grant him the exclusive enjoyment of six toises of ground on each side of the Bayou Barthelemi, from its source to its mouth, to enable him to construct the works and

dams necessary for his mills; it being understood, that, by this grant, it is not intended to prohibit the free navigation of the said Bayou to the rest of the inhabitants, who shall be free to use the same, without, however, being permitted to throw across it any bridge, or to obstruct the navigation, which shall, at all times, remain free and open. Under the conditions here expressed, such mills as he may think proper to erect may be disposed of by the petitioner, together with the lands aujoining, as estates belonging entirely to him in virtue of this decree, in relationt o which the surveys are to be continued, and the commandant, Don John Fethiol, will verify and remit them to me, so that the person interested may obtain a corresponding title in form. It being a formal and express condition of this grant, that at least one mill. shall be constructed within two years, otherwise it is to remain null. The BARON DE CARONDELET.

It also appears, that a petition was made, and decree granted, the same as the last mentioned, except that the petition asks for six toises of ground on cach side of the Bayou de Liar, from its source to its mouth.

It also appears, that, upon 16th June, 1797, De Bastrop made a contract with the Spanish Government, as follows:

The Baron de Bastrop contracts with his Majesty, to furnish, for the term of six months, rations to the families which he has latterly introduced at the post of the Ouachita, which are to be composed of twenty-four ounces of fresh bread, or an equivalent in flour, twelve ounces of fresh beef, or six of bacon, two ounces of fine menestra, or three of ordinary, and one thousandth part of a celemin (about a peck) of salt, for which there is to be paid to him, by the royal chests, at the rate of a real and a half for each ration. For which purpose there shall be made out, monthly, a particular account, the truth and regularity of which shall be attested at foot, by the commandant of that post. Under which conditions, I oblige myself, with my person and estate, to the fulfilment of the present contract, subjecting myself, in all things, to the jurisdiction of this general Intendency,

In testimony of which, I sign it at New Orleans, the 16th of June, 1797. BARON DE BASTROP. And, upon the same day, the last contract was proved, as follows:

NEW ORLEANS, (date as above.)

I approve this contract in the name of his Majesty, with the intervention of Senor Gilbert Leonard, principal Contador of the army in these Provinces, for its validity. Two certified copies are to be directed to the Secretary, Juan Ventura Morales. With my intervention.

GILBERT LEONARD. Copy of the original, which remains in my keeping, and which I certify, and is taken out to be passed to the Secretary of this general Intendency. GILBERT LEONARD.

New Orleans, ut supra.

Upon the 18th June, 1797, the Governor directed the following order and decree to "De Bastrop:"

Whereas the Intendant, from the want of funds, has solicited the suspension of the last remittance of families, until the decision of his Majesty,