The United States, Plaintiff In Error v. Richard King and Daniel Coxe, Defendants 1845 This 1795 1795 the Baron De Carondelet, Andrew Lopez Armesto 17 1795 v. 833

• Decision Date: 12 August 1795
• Docket Number: No. 44,44
• Citation: 11 L.Ed. 824,44 U.S. 773,3 How. 773
• Parties: THE UNITED STATES, PLAINTIFF IN ERROR, v. RICHARD KING AND DANIEL W. COXE, DEFENDANTS. 1 January Term 1845. THIS case was brought up, by writ of error, from the Circuit Court of the United States for East Louisiana. It involved a claim for upwards of two hundred thousand arpens of land in Western Louisiana, commonly known as the Maison Rouge claim, the history of which is this: About the year 1795, a number of French royalists arrived in New Orleans, and amongst them the Marquis de Maison Rouge, a knight of St. Louis, who had been banished from France, and whose property had been confiscated in the Revolution. On the 1st of January, 1795, he obtained the following passport: 'The Baron de Carondelet, knight of the religion of St. John, brigadier of the royal armies, governor vice-patron of the provinces of Louisiana, West Florida, and inspector of the troops thereof, &c., &c. 'It is hereby permitted Messrs. De Maison Rouge, De Breard, and other persons of their suite, to pass on to Ouachita, to examine its position, and there to form a settlement. In consequence, Mr. de Filhiol will afford them every assistance, and the information necessary for that object. 'Given in our government-house, at New Orleans, this 1st day of January, one thousand seven hundred and ninety-five. 'Signed, THE BARON DE CARONDELET, ANDREW LOPEZ ARMESTO.' On the 17th of March, 1795, the following contract was entered into: 1 See United States v. King , 7 How., 833, n. (1). 'We, Francis Lewis Hector, Baron de Carondelet, knight of Malta, brigadier-general of the royal armies of his Catholic majesty, military and civil governor of the provinces of Louisiana and West Florida; Don Francis Rendon, intendant of the army and deputy superintendent of the royal domains in the said provinces; Don Joseph de Orue, Knight of the royal and distinguished order of Charles Third, principal accountant for the royal chests of this army, exercising the functions of fiscal of the royal domains, declare, that we ag
• Court: U.S. Supreme Court

44 U.S. 773

3 How. 773

11 L.Ed. 824

THE UNITED STATES, PLAINTIFF IN ERROR, v. RICHARD KING AND DANIEL W. COXE, DEFENDANTS.¹

January Term 1845.

THIS case was brought up, by writ of error, from the Circuit Court of the United States for East Louisiana.

It involved a claim for upwards of two hundred thousand arpens of land in Western Louisiana, commonly known as the Maison Rouge claim, the history of which is this:

About the year 1795, a number of French royalists arrived in New Orleans, and amongst them the Marquis de Maison Rouge, a knight of St. Louis, who had been banished from France, and whose property had been confiscated in the Revolution.

On the 1st of January, 1795, he obtained the following passport:

'The Baron de Carondelet, knight of the religion of St. John, brigadier of the royal armies, governor vice-patron of the provinces of Louisiana, West Florida, and inspector of the troops thereof, &c., &c.

'It is hereby permitted Messrs. De Maison Rouge, De Breard, and other persons of their suite, to pass on to Ouachita, to examine its position, and there to form a settlement. In consequence, Mr. de Filhiol will afford them every assistance, and the information necessary for that object.

'Given in our government-house, at New Orleans, this 1st day of January, one thousand seven hundred and ninety-five.

'Signed, THE BARON DE CARONDELET, ANDREW LOPEZ ARMESTO.'

On the 17th of March, 1795, the following contract was entered into:

¹ See United States v. King, 7 How., 833, n. (1).

'We, Francis Lewis Hector, Baron de Carondelet, knight of Malta, brigadier-general of the royal armies of his Catholic majesty, military and civil governor of the provinces of Louisiana and West Florida; Don Francis Rendon, intendant of the army and deputy superintendent of the royal domains in the said provinces; Don Joseph de Orue, Knight of the royal and distinguished order of Charles Third, principal accountant for the royal chests of this army, exercising the functions of fiscal of the royal domains, declare, that we agree and contract with the Senior Marquis de Maison Rouge, an emigrant French knight, who has arrived in this capital from the United States, to propose to us to bring into these provinces thirty families, who are also emigrants, and who are to descend the Ohio, for the purpose of forming an establishment with them on the lands bordering upon the Washita, designed principally for the culture of wheat and the erection of mills for manufacturing flour, under the following conditions:

'1. We offer, in the name of his Catholic majesty, whom God preserve, to pay out of the royal treasury two hundred dollars to every family composed of two white persons fit for agriculture, or for the arts useful and necessary for this establishment, as house or ship-carpenters, blacksmiths and locksmiths, and four hundred dollars to those having four laborers; and in the same way, one hundred to those having no more than one useful laborer or artificer, as before described, with his family.

'2. At the same time, we promise, under the auspices of our sovereign monarch, to assist them forward from New Madrid to Washita, with a skillful guide, and the provisions necessary for them till their arrival at their place of destination.

'3. The expenses of transportation of their baggage and implements of labor which shall come by sea to this capital shall be paid on account of the royal domains, and they shall be taken on the same account from this place to the Washita: provided, that the weight shall not exceed three thousand pounds for each family.

'4. There shall be granted to every family containing two white persons fit for agriculture ten arpens of land, extending back forty arpens, and increasing in the same proportion to those which shall contain a greater number of white cultivators.

'5. Lastly, it shall be permitted to the families to bring or to cause to come with them European servants, who shall bind themselves to their service for six or more years, under the express condition that, if they have families, they shall have a right, after their term of service is expired, to receive grants of land, proportioned in the same manner to their numbers. Thus we promise, as we have here stated, and that it may come to the knowledge of those families which propose to transport themselves hither, we sign the present contract with the aforesaid Senior Marquis de Maison Rouge, to whom, that it may be made plain, a certified copy shall be furnished.

'Signed, THE BARON DE CARONDELET.

FRANCIS RENDON.

JOSEPH DE ORUE.

THE MARQUIS DE MAISON ROUGE.

'New Orleans, the 17th of March, 1795.'

On the 14th of July, 1795, this contract was approved by the king as follows:

'Having laid before the king what you have made known in your letter of the 25th of April last, No. 44, relative to the contract entered into with the Marquis of Maison Rouge for the establishment on the Washita of thirty families of farmers, destined to cultivate wheat for the supply of these provinces, his majesty, considering the advantages which it promises, compared with the preceding, has been pleased to approve it in all its parts.

'By his royal direction, I communicate it to you for your information. God preserve you many years.

'Signed, GARDOGORI.

'Madrid, 14th of July, 1795.

'The Intendant of Louisiana.'

On the 12th of August, 1795, the following letter was addressed to the Marquis de Maison Rouge:

'New Orleans, August 12, 1795.

'SIR:—I have received the honor of your letter of the 25th June last, with a statement of the families. Your perseverance, in the opinion you have formed of the excellence of the lands you inhabit, and which you are going to make flourish for the happiness of this province, as well as for those in its neighborhood which ought to partake of these advantages, ought to animate you to make the greatest efforts to effect its early accomplishment. The picture you draw of these enchanted places convinces me of the solidity of your judgment, and of the fortunate selection you have made in your plan, as well as of the facility of means to carry it into execution in all its branches.

'I have paid Mr. Merieult the $300 for Alexander Laurent, Peter Rel e, and James F eret.

'By this opportunity, I inform the commandant of what is to be done when any new family arrives—giving him distinctly to understand that, if the least formality or a certificate is wanting, and not conformable to the copy which I send him, no payment whatever will be made from the royal treasury.

'I have the honor to be, with respect, sir, your very humble and most obedient servant,

'Signed, FRANCISCO RENDON.

'Mr. De Maison Rouge.'

On the 26th of August, 1796, the following letter was written:

'Under this date, I have written to the commandant, John Filhiol, as follows:

'By the certificates which you sent me in behalf of the individuals who were brought here lately by the Chevalier Breard, I learn that there were among them many single men, who cannot, therefore, be considered as composing families, and, consequently, they ought not to have received the $100 stipulated in the 1st article of the contract which the Marquis of Maison Rouge made with the governor and intendant of this province. On this occasion, we passed over this irregularity in order to avoid disputes in future, it being inconsistent with the spirit of the contract, and of no use to the interests of the king, to spend the public money on individuals who, having no inducements to remain in the country, could leave it with the same facility they came. It must not occur again: and inform the Marquis that there are no funds in the public treasury destined to that object; and that as soon as he has completed the number of thirty families which he contracted for, nothing will be paid out of the royal treasury to any who should exceed that number, and who wish to come and establish themselves in this district; and you will consider yourself instructed to this effect, and conform to it in future, advising me in conformity of what is done in the premises. I consider you as the agent, and authorized to act for the Marquis of Maison Rouge, in the business of bringing families to that post, and, therefore, communicate this for your government and information. The Lord preserve you many years.

'Signed, JUAN VENTURE MORALES.

'To Mr. Augustus de Breard.

'New Orleans, 26th August, 1796.'

On the 14th of June, 1797, it was alleged that Trudeau, the surveyor-general, issued the following certificate:

'Figurative plan of the thirty leagues of superfices of land granted to the Marquis of Maison Rouge, not including the lands held by anterior titles.

'Don Carlos Trudeau, surveyor-general and particular of the province of Louisiana.

'I certify in behalf of the Marquis of Maison Rouge, that the plats of land represented and sketched in the foregoing plan of vermilion color, may contain thirty superficial leagues, to wit: the first plat marked No. 1, on the right bank of the river Ouachita, commencing or starting five arpens below the mouth of the bayou Cheniere au Tondre till it reaches the bayou Calumet, with the depth necessary to complete or produce one hundred and forty thousand superficial arpens. The second plat marked No. 2, on the left bank of the same river Ouachita, to start or begin two leagues below the Fort Miro at the point called Laine, till it reaches the prairie de Lee, with the necessary depth to complete or produce sixty thousand arpens superficial. The third plat marked No. 3, to start in front of the bayou de la Loutre, and from thence on a line running south sixty-five degrees east to the bayou Siar, which line the bayou Siar and bayou Barthelemy, and the Ouachita bound said plat No. 3 and the plat No. 4, on the right bank of the Ouachita, to start in front of the entrance of bayou Barthelemy, running down the river till it reaches the bayou la Loutre; which plats Nos. 3 and 4, with the...