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Neutral Zone Settlers

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1784 Ybanco military Captain and Civil and military Governor of Nacogdoches signs claim for Pierre Lafitte in the Neutral Territory of 11,000 acres Bayou Pierre to the Bayou Nanticot. The concession gives authority to settle on the land between the two bayou’s, to which travelers and traders usually passed in getting into the province, with a view of guarding the province from intruders and requiring the applicant to give notice to the governor, & c., and stats the object of the grant to be “that they may have firm possession of the said place and lots of land necessary to pasture and rear their flocks of cattle, smaller stock and horses.” Library of Congress 23rd Congress, 1st Session, No 1194 ON LAND CLAIMS IN LOUISIANA page 942

CLAIMS TO LAND BETWEEN THE RIO HONDO AND SABINE RIVERS, IN LOUISIANA.COMMUNICATED TO THE SENATE JANUARY 31, 1825.

TREASURY DEP. January 28, 1825.

Sen: I have the honor to transmit a copy of the report of the register and receiver of the land district south of Red river, prepared in obedience to an act of March 3, 1823, and an act of May 28, 1824, sup­plementary thereto.

I have the honor to be your most obedient servant,            WM. H. CRAWFORD.

Hon, the PRESIDENT of the  SOUTHWESTERN LAND, State of Louisiana, Opelousas, November 1, 1824.

   

The register and receiver of the southwestern land district, in obedience to the act of Congress enti­tled “An act providing for the execution of the titles to land in that part of the State of Louisiana, situated between the Rio Hondo and the Sabine river,” approved March 3, 1823, and to the act supple­mentary thereto, approved May 26, 1824, respectfully report:

That pursuant to the above recited acts, and for the purpose of carrying the same into effect, they did, after having given suitable notice to claimants of the time and place of their meeting, and the object thereof, repair to the town of Natchitoches, and held their session therein so long as was thought neces­sary for the performance of the duties in said acts prescribed.

The first object of the board was to ascertain, from the best sources within their reach, the laws and customs of the Spanish province of Texas as regards the granting of lands, &c., the extent of the late neutral territory, together with other information necessary to a, satisfactory discharge of the duties imposed upon us; for which purpose, in default of every kind of authentic or public data, we were compelled to have recourse to the knowledge of individuals of respectability, who, from their situation or pursuits, were deemed best capable of throwing lights upon those points of inquiry. Samuel Davenport, Jose Maria Mora, Jose Flores, Gregorio Mora, ‘Rod Bernado Guitriez, and Juan Cortes, all of the parish of Natchitoches, to the following interrogatories, under oath, before the board declared as follows. To the first, viz:

” Were you acquainted with the organization of the government of the province of Texas, the powers and jurisdiction of its officers, and its laws, regulations, and customs, previous to December 20, 1803, relative to grants of land, or the alienation of the public domain?”

Answer of ,Samuel Davenport. “I resided at Nacogdoches, in the province of Texas, early in 1798, where I lived until 1813; enjoyed all the rights and privileges of citizenship; became early acquainted with the internal organization of that government, and the powers of its officers, regulations, and laws, relative to the granting of lands belonging to the royal domain.”

.Answer of Jose M. Mora. “I was born and have resided within the jurisdiction of Nacogdoches, province of Texas.”

Answer of Jose Flores. “I was, at divers times, procurador of the comun of Nacogdoches, Scc., and have put several claimants in possession under the decrees of the lieutenant governors and commandants.”

Answer of Gregorio Mora. “That he was employed as procurador in _Nacogdoches, and knows the powers of the commandants and lieutenant governors for the granting of lands within that jurisdiction; is an inhabitant of the Adais, and was born in Nacogdoches.”

Answer of Jose Bernado Guitriez. ” I am a Creole of the province of New St. Andre, one of the internal provinces of Mexico, and resided in the city of Revilla until the year 1811; that I am well acquainted with the laws and regulations that are in force in that province for the granting and disposing of vacant lands; and that they are the same as recognized in the province of Texas, from the titles and grants I have seen.”

Answer of John Cortes. “I have no knowledge of the proceedings of the government of Texas rela­tive to grants of land previous to December 20, 1803.”

To the second interrogatory, viz:

“Did the lieutenant governors and commandants of Nacogdoches each possess the power of granting lands within their jurisdiction; if so, was there no limitation in the exercise of that right?”

Answer of S. Davenport. “The lieutenant governors and commandants possess the power to grant lands in their jurisdiction; were not limited by superior authority to specific quantities in the exercise of that right; and were only instructed to proportion their grants to the property, force, stock, and merit of the individual asking grants. The procurador del comun was the officer appointed to make inquiry; put the petitioner in possession of the.land prayed for, and executed the lieutenant governor’s and command­ant’s orders relative to the premises. It was not uncommon to grant large and extensive tracts of land for vacharies and stock ranges, not only in the province of Texas, but in all the ” Las Provincias Internas;” the raising of stock of every description being almost the only pursuit of the inhabitants of that country,”

Answer of Jose 2r. Mora. “It is to my knowledge that the commandants and lieutenant governors, commanding within the jurisdiction of Nacogdoches, had the power to grant lands as far back as the year 1792, at which time a commissioner, having special orders, came with instructions and rules for the grant­ing of lands, which rules and instructions were deposited among the public records, and governed the commandants and lieutenant governors in their grants since that time. Before the year 1792 the com­mandant of Nacogdoches gave only permits, to settle for the purpose of cultivation, or for raising stock, without any other title to the property, which he was not authorized to give. The commandants and lieuten­ant governors of Nacogdoches were not, to my knowledge, limited, in the granting of lands, to any specific quantity, but it was their duty to proportion the extent of the grants to the circumstances of the individual claiming them, and to that effect the procurador of the COMM, named to put the party in pos­session, inquired into the merits and circumstances of the applicant; and if the grant was for stock farmers, it was customary to extend- the concession to two, three, and four leagues square, according to the wants and merits of the claimant”

Answer of Jose Flores. “That having seen the answer of i.Tos Maria Mora, swears to the same facts; that he has been procurador of the comun. of Nacogdoches at divers times, and has put several claim­ants in possession under the decrees of the lieutenant governors and commandants of Nacogdoches, according to the regulations of the country, and that they are the same which appear in the titles of Pedro foist, Jacinto Mora, and others that he has seen.”

Answer of Gregorio Mora. “That having seen the answers of Jose Maria Mora, swears to the same facts; that he has been employed as procurador in Nacogdoches, and that he knows the powers of the commandants and lieutenant governors for the granting of lands within that jurisdiction.”

Answer of Don. Juan, Codes. “In the year 1805, and since, I was informed, and knew by experience, that the lieutenant governors and commandants of Nacogdoches were in no respect limited as to the extent of lands they might concede; the quantity was always in proportion to the means of the applicant, and to the nature of the establishment he wished to make. If it was for cultivation and raising animals of all kinds, and the means of the petitioner were known, they would grant to him a concession of from one to four leagues square, on which the claimant was put in possession by the syndic named for that purpose by the commandant, who afterwards approving in writing, ‘la prise de posesion,’ was considered as amounting to a concession in form.”

To the third interrogatory, viz:

” Were grants signed by the commandant or lieutenant governor considered as vesting a perfect title in the claimant, or were they deemed merely inchoate rights to be perfected by a grant or patent under the signature of the governor of the province?”

Answer of Samuel Davenport. “All grants signed and confirmed by the lieutenant governor or com­mandant, executed in due form, were considered as vesting a complete title in the claimant, without any further process, and were recognized as such by the governor of the province, particularly by Governor Salcedo, in eighteen hundred and ten, when at Nacogdoches, making his provincial visit.”

Answer of Jose M. Mora, confirmed by the testimony of Jose Flores and Gregorio Mora. “The grants given and signed by the commandants and lieutenant governors of Nacogdoches, made according to the instructions which existed since 1792, were always considered as perfect titles, without any other formality.”

Answer of Juan Codes. “Concessions signed by the lieutenant governor or commandant, were always considered as perfect titles.”

To the fourth interrogatory, viz:

“What were the limits of the late neutral territory as considered by the ancient authorities of Texas and Louisiana?”

Answer of Samuel Davenport. “The neutral territory comprehended all the tract of country lying east of the Sabine and west of the river Culeashue, Bayou Kisachey, the branch of Red river, called Old river, from the Kisachey up to the mouth of Bayou Don Manuel, southwest of Bayou Don Manuel, Lake Terre Noir, and Aroyo Hondo, and south of Red river, to the northwestern boundary of the State of Louisiana.”

Answer of Jose X. Mora. “I have no other knowledge of the neutral ground, as to its boundaries, but from, the Rio Rondo to the Sabine river.”

Answer of Gregorio Mora. “In the years of 1794 and 1795 I collected the tithes of all the inhabitants who lived or who had stocks west of the river Culeashue, of the Bayou Kisachey, of the Bayou Don Manuel and Rio Hondo, and south of Red river, which were at that time within the jurisdiction of Nacogdoches and on the line of the province of Louisiana.

Did the Spanish authorities at Nacogdoches exercise jurisdiction over said scope of country?

Answer of Samuel Davenport. “The inhabitants of the neutral territory were recognized as belonging to the jurisdiction of Nacogdoches, and the Spanish authorities considered their right of civil jurisdiction not taken away by the arrangement entered into between General Wilkinson and Governor Herrara in the year eighteen hundred and six; yet it was seldom exercised or enforced.”

It appears to be a historical fact that the strip of country called the neutral territory was early disputed by the ancient governments of Texas and Louisiana, both alternately assuming and repelling jurisdiction over it; and even after both provinces were united under the dominion of Spain the dispute did not subside, but was kept alive and perpetuated by the jealousies of the local commandants. In this situation the United States acquired Louisiana, and the subject of controversy was not agitated until the convention between General Wilkinson and the Spanish commander, in 1806. A copy of this instrument could not be procured, but we were informed by Mr. John Cortes, a respectable merchant in Natchitoches, who acted as interpreter on that occasion, that nothing was therein decided as to limits; that both parties should withdraw their forces from the neutral ground; and that the question of sovereignty should remain subject to the amicable adjustment of the two superior governments.

To the fifth interrogatory, viz:

” What is the nature of the soil within the late neutral territory; rich and productive, or poor and barren?”

Answer of S. Davenport. “The whole tract of country or land within, the neutral territory is pine woods; of course a poor arid soil, with a few exceptions of small quantities to be found adjoining to and on creeks and bayous, and fit for nothing but raising of stock.”

Answer of Jose Maria Mora. “The soil of the neutral ground is mostly pine Mils, and consequently very poor, and fit for nothing but the raising of stock, except some spots on the margin of water-courses, which can be cultivated.”

Answer of Jose Flores and Gregorio Mora. Their answer is the same as that of Jose Maria Mora. Answer of John Cores. “The quality of the lands in the neutral territory is generally ‘per° fertil.'” To the sixth interrogatory, viz:

“Are the public archives or records of the jurisdiction of Nacogdoches yet in that place ? If not, what became of them, or how were they disposed of?”

Answer of S. Davenport. “The public archives and records of the jurisdiction of Nacogdoches are not at that place at present. They were removed and carried off by Don Jose Montero in 1812, then com­manding at Nacogdoches, when he abandoned that place with his troops at the approach of Guthries and McGee, who were attempting to revolutionize the country; since which time I had never known where those records were deposited, and believe, from circumstances and facts in my knowledge, that the most part of them were destroyed at San Antonio, where said Montero carried them to.”

Answer of Jose M. Iora. “The public records of the jurisdiction of Nacogdoches do not exist in that place, and it is to my knowledge that in 1812, when the commandant, Don Jose Montero, left Nacogdoches with his troops, he took away with him all the records and documents belonging to or concerning the inhabitants of the jurisdiction, and I have never known since what bad been done with them.”

Answer of John Codes. “The archives of Nacogdoches were carried off by the royalist authorities at the time of the invasion of 1812. I know that they were never brought back to Nacogdoches, but am ignorant as to where they now are.”

md-the-neutral-strip-1414Note: As to the above testimony the above map is incorrect. The official record reflects that the Disputed boarders or Neutral Territory “No Man’s Land” went as far north as the Red River, which would be the northern most boarder of Louisiana.

 Settlers Index

Henry Quirk, Louis Latham, James Kirkham, assignee of Thomas Cartwright, John Armstrong, assignee Charles Curtis, James Kirkham, Daniel Waltman, Henry Stockman, Henry Stoker, Antonio le Rue, Francisco Grammon “Galmond”, Latney Parrot “Parrot, Latting”, John Lum, John Wadill, Joel Leakey, Samuel Norris, Hugh McNeley, Christopher Anthony, Samuel Norris, assignee of Peter Murphy, Leonard Dyson, assignee of Edw McGlaughlin, Nathaniel Norris, Nathaniel Norris and brothers, Thomas Hicks, Leonard Dyson, Baptist Poiret, brothers and sisters, Baptist Poiret, sr, Moses Robinson, Peter Stockman, Jacob Winfree, James Pharis, José Rues, Antonio Debaserda, Jose Estrader, Peter Patterson, John Maximillien, John Gordon, Cezare Wallace, John Laplace, Benjamin Winfree, Marian Sanchez, Banjamin Morris, Absalom J. Winfree, Henry Stoker, assignee of Alexander Calhoun, Badio Flores, Thomas Arthur, Andres Galindo, Fracois Poiret, Michael Early, John Armstrong, assignee of James Anderson, David Case, assignee of John Euney, Henry Berger, Henry Berger, Rebecca McLaughlin, André  Valentine, assignee of Marian Sanchez, Firmin Poissot, André Adley, Baptiste Prudhomme and José Locabeach, Cézare Wallace, assignee of Pierre Wallace, deceased, Andre Valentine, James Shackleford, assignee of Henry Stockman, Edmund Quirk, William Quirk, Manuel Cherino, Guillaume Bébé, Widow Laleno Padea, John Freeman, Rasimo Gagnie, James Skackleford, assignee of John Stein, Eli Smith, David Wrinkles, John Montgomery, jr, Eli Smith, assignee of Archibald Thompson, John Sheridan, assignee of Pedro Guiardo, James Tate, assignee of Cubaza, James Tate, assignee of Maria Mora, James Tate, assignee of Pablo Libras, Maria Conception de Lion, assignee of M. Rodrigues, Antonia Rodriquez, Asa Bekum, assignee of Maria San Miquel, James M. Gibson, assignee of J Montgomery, Charles Noyrit, Francois Prudhomme, Alexander Germieul, Pierre & Baptiste Laffitt, Hugh McGuffin, Harriet W.M. Cable, assignee of J. Cable, Athanasse Poissot, Mary E. Case. Wife of William M. Rivers, Joseph Valentine, John Baptiste Trezzeni, assignee of F. Serpentine, Jose Maria Procelia, James Wilson, Philip Winfree, Abraham Winfree, John Waddle/Waddill, James Walker, assignee of James Dollohide, Joseph Grubb, assignee of G. Johnson, Joseph Grubb, assignee of Thomas Nash, Manuel Gonzles, Azor Mathis, Henry Sheridan, James McKim, elder, Asa Hickman, assignee of Theodore Hickman, James McKim, jr, Henry Wrinkles, Etheired Smith, James Hickman, William Cummings, William Hickman, George Schamp and Pelag. Schamp, Santiago Ruiz, Emanuel Prudehomme, Augustin T. San Miguel, John Cortes, (merchant,) assignee of Trenk Tarwin, John Litton, Asa Backum, Hannah McKimm, Nancy R. Hays, John Sibley, Heirs of Michael Quinn, John Sibley, John Sibley, assignee of Ounette Boudin, John Sibley, assignee of Littlepage Robinson, John Sibley, assignee of John L Petit, John Sibley, John Baptiste Perot, Green Cook, assignee of Henry Shabino, George Slaughter, assignee of Louis Warren, Remy Christie, William P. Davidson, assignee of John Humphreys, Thomas Wilson, Thomas Wilson, assignee of Poudio Morales, Thomas Gray, assignee of James Bridges, Thomas Gray, assignee of John Makey, Polly Lemmons, Macedonia Grammon, John Cortes, of Bayou Sie, Letreus Alrio, Simon Montalbo, Widow Ganasien Parrira, John Grammon, Widown Intereste Toval, Estevan Bascus, Edward Murphy, assignees of Maria Flores, Malchore Mountsoul, Manuel Grammon, Domingo Gonzales, Ignatio Curtinas, John Burdan John Pierre Burdan John Baptiste Burdan Thoms McNeily, assignee of John Gardner John Dinsmore, jr., assignee of S. Lafitt Robert McDonald, assignee of Stephen Moore Andrew Bassum Juan Colas Burdan Jose Arriole Regoria Shernack Felecian Gonzales Francisco Rosales Jose Bascus Portevent Bludworth John Warrick John Wrinkle Humphrey Yarborough Jose Antonio Manchae Martin Dios Jose Antonio Rodrigues Trinidado Candada Manuel Bustamente Miguel Pugar Sylvestre Poissot Sylvestre Poissot, assignee of A. Poissot, deceased Firmin Poissot Cesar Lafitte Denise Dios Jose Dehoras Domingo Santa Cruz Jose Maria Soto, assignee of Baptiste Cherino Samuel Davenport, the heirs and reps. Samuel Davenport, the heirs and reps. Widow and heirs of Isaac Crow, deceased Sarah Sheridan, now wife of William Carrel Thoms Wallace, assignee of David Minsey Thomas Wallace Heirs and representatives of Basil Gagnie Michael Chamard Pavie and Noyrit, assignees of Jose An. Sepulvado, Benjamin Bullitt, assignee of John Jameson, James Madden, assignee of Enos Withers, Andre Valentine, Francois Rambin, Andre Rambin, Christian Hesser, Antoine Hesser, Charles Myers and Joseph Robinson, Benjamin Biles, assignee of Tertise Henson, Ramond Dailey William Stafford, assignee of Lewis Warren, Cezar Lafitte & Louis Lafitt Heirs of James Denny, who was assignee of J. Y’Barvo, Andre Chamard, assignee of Miguel Delgardo, George McTier, Gaspard Fiolle, widow and heirs Mary E. Case, wife of W.M. Rivers, assignee of W. Stockman, George McTier, David Case, assignee of John Armor Heirs and representatives of George Dawson, Gaspard Fiolle (Heirs and representatives of), Joseph T Montgomery, assignee of Abr’m Dinton, Baptisto Adley, Thomas Gray, assignee of Dominque Gonzales, Jacques Lapine, Absolem Winfree, assignee of Johns Waddill, Nicholas Jacks, assignee of Needum Alford, Manuel Flores, The heirs of Andrew Franks John Yocum, assignee of Thomas Thompson Thomas D Yocum, John Yocum, assignee of Jesse Yocum Mathias Yocum, assignee of Louis Chabinaud, Samuel S Carnes, assignee of Richard Simms, John Palvadore, Ed Murphy, heirs by Commandant of Nacogdoches, Bernard Pantalions, Representatives of Francois Robin, Remy Totan Mary Routh, Booker Ambroise, Lecomte John, Baptiste Lecomte, incomplete Emanuel Trichel James Bludworth, assignee of John Bennett, Jean Marie Francois Rouquier, Asa Hickman, assignee of John Mayhew, Francis Rouquier, heirs of  James Kirkman, assignee of Juan Segine, Michael Rambin, Marcel de Soto, Louis Procella Pavie and Noyrit, Vincent Jackson, assignee of William Ash, Pierre Roblot, Philip Flores, Claude Antonie Choppin, Pierre Bolieu, Laurent Meillieu, Edward Bolieu Heirs of Louis Soligne, Pierre Roblot, assignee of Jose Antonio Skiewell Jacques Grappe Martha Andrus Dempsey Isles Elias Blunt, assignee of Archibald Smith Hardy Coward, assignee of Aaron Cherry Archibald Thompson George Fogleman James Going James Ashworth, jr James Banett, assignee of G. Orr and A. Terill Jacob E Self, assignee of Rezin Bowie, sr Rees Perkins, assignee of G Johnson Rees Perkins, assignee of David Choat Rees Perkins, assignee of John Gilchris Drury Bunch James Barnett, assignee of Joshua Johnson Hardy Coward, assignee of William Isles Michel Neil John Henderson Burrell Franks Jaob Ryan Hiram Ours Henry Moss Jacob Ryan, assignee of Joseph Cornow George King and John B Hamilton Joseph Clark Rees Perkins, assignee of Philip P Dever Isaac Foster, William Smith, George Smith, George Orr

Settlers #1-100

1.)   Henry Quirk, of the parish of Natchitoches, filed his notice claiming a tract of land lying within the late neutral territory, on the Bayou of the Three Prairies, being the upper settlement on said bayou, bounded below by the land of Thomas Wilson, and containing 640 acres, by virtue of occupation, habitation, and cultivation on and previous to February 22, 1819. In support thereof the following testimony was taken before the board: “Louis Latham and Jose Maria Mora, being sworn separately, say they know the land claimed in the notice; that it is situated as therein described; that said tract was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, cotton., and tobacco thereon, on and previous to the year 1814; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improve­ments on the tract claimed may include between twenty-five and thirty acres.” On this proof the claim, in our opinion, ought to be confirmed. Accordingly, in the abstract, it will be found under the third class.

2.)   Louis Latham, of the parish of Natchitoches, filed a notice claiming a tract of land lying within the late neutral territory, situated on the Bayou of the Three Prairies, bounded above by Thomas Wilson and below by William Davidson, and containing. 640 acres, by virtue of occupation, habitation, and cultivation on and previous to February 22, 1819. In support thereof the following testimony was taken before the board: “Henry Quirk and Jose Maria Mora, being sworn, say they know the land claimed; that the same is situated as therein described; that said tract was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, cotton, tobacco, and wheat thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvements on said tract may embrace forty acres.” Being of opinion this claim ought to be confirmed, it will, in the abstract, be found under the head of “third class.”

3.)   Antonio Le Rue, of the parish of Natchitoches, filed a notice claiming a lot of land lying within the late neutral territory, situated on the Bayou See, bounded on the west by John Galmond, and on the east by Francisco Galmond, and containing about one acre, by virtue of occupation, habitation, and cultivation on and previous to February 22, 1819. In support of this claim the following testimony was taken before the board: “Jose Maria Prosel and Jose Strother, being sworn, severally say that they know the lot of land claimed in the foregoing notice; that the same is lying and situated as is therein described; that said lot was occupied, inhabited, and cultivated by the claimant, and those under whom he claims, by living and cultivating vegetables thereon, on and previous to February 22, 1819; and that said occu­pation, habitation, and cultivation has been continued by the claimant, and those under whom he holds, since that period to this time.” We are of opinion this claim ought to be confirmed, and accordingly, in the abstract, have classed it with the third class of claims.

4.)   Francisco Grammon, of the parish of Natchitoches, filed his notice claiming, by virtue of habita­tion, occupation, and cultivation, on and previous to February 22, 1819, a tract of land lying within the late neutral territory, and situated on the Bayou See, bounded on the west by the claim of Antonio Le Rue, on the north and east by vacant land, and containing 640 acres. In support of which the following testimony was taken before the board: “Jose Maria Prosel and Jose Strother, being sworn, say they know the land claimed in the foregoing notice; that the same is lying and situate as is therein described; that said tract was occupied, inhabited, and cultivated by the claimant, by his living and growing corn thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the improvements on the land may embrace about six acres.” On this proof we are of opinion the claim ought to be confirmed, and accordingly; in the abstract, have classed it under the head of ” third class of claims.”

5. Henry Stoker, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, on and previous to February 22, 1819, a tract of land lying within the late neutral territory, situate on the waters of the Pedro, bounded on all sides by vacant land, and containing 640 acres. In support of which the following testimony was taken before the board: “Louis Latham and John Luna being each sworn, say that they know the land claimed by Henry Stoker in his foregoing notice; that the same is situated and lying as is therein described; that said tract of land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn and cotton thereon, on and pre­vious to February 22,1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvements on said tract embrace between 20 and 25 acres.” On this proof we are of opinion the claim ought to be confirmed, and accordingly, in the abstract, it will be found under the bead of “third class of claims.”

6. Latney Parrot, of the parish of Natchitoches, fled his notice claiming, by virtue of habitation, occupation, and cultivation, on and previous to February 22, 1819, a tract of land lying- within the late neutral territory, situated on the waters of the Bayou Buena Vista bounded on all sides by vacant lands, and containing 640 acres. In support of the claim the following testimony was taken before the board: “Louis Latham and John Lum, being each sworn, say that they knew the land claimed by Latney Parrot in his above notice; that the same is situated as is therein described; that said tract was occupied, inhab­ited, and cultivated by the claimant, by his living and growing cotton and corn thereon, on and previous to February 22, 1819; that said inhabiting, occupation, and cultivation has been continued by the claim­ant since that period to the present time; and that the claimant’s improvements thereon embrace between 10 and 15 acres.” We are of opinion this claim ought to be confirmed, and accordingly, in the abstract, it will be found under the head of “third class of claims.”

7. John Lum, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occu­pation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of the Pedro and Bayou Buena Vista, bounded on the north by Bodia Flores, west by Laplace, south by vacant land, on the eastern boundary partly by Andrew Ohamard, and containing 640 acres. In support thereof the following testimony was taken before the board: ” Laney Parrot and Louis Latham, being each sworn, say that they know the land claimed by John Lum in his above notice; that the some is situated as is therein described; that the said tract was inhabited, occupied, and cultivated by the claim­ant, by his living and growing cotton and corn thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time. and that the claimant’s improvements on the tract claimed includes between 8 aid 10 acres.” We are of opinion this claim ought to be confirmed, and have accordingly, in the abstract, classed it with the third class of claims.

8. John Waddill, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the east side of the river Sabine, bounded by vacant land, and containing 640 acres. In support thereof the fol­lowing testimony was taken before the board, and filed: ” Absalon I. Winfree and Jacob Winfree, being sworn, say that they know the land claimed by John Waddill in his above notice; that the same is situ­ated as is therein described; that the said tract was occupied, inhabited, and cultivated by the claimant, by his living and growing corn thereon, on and previous to February 22, 1819; that said occupation habitation, and cultivation has been continued by the claimant and Henry Stoker, to whom said land was conveyed, since that period to the present time; and that the improvements on the tract embrace about 20 acres.

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with the “third class of claims.”

9. Joel Leakey, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of the Negreite, bounded on all sides by vacant land, and containing 640 acres. In support of which the following testimony was taken before the board: “Jacob Winfree and Jesse Yocum, being sworn, say that they know the land claimed by Joel Leakey in his above notice; that the same is situated and lying as is therein described; that the said tract of land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn thereon, on and previous to February 22, 1819; that said occupation, habita­tion, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about twenty acres.”

We are of the opinion this claim ought to be confirmed, and have accordingly, in the abstract, classed it with the third class of claims.

10. Samuel Norriss, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the south­west bank of Red river, bounded on the west by Francois Porrio, south by a lake, east by Leonard Dyson, and containing 489 acres. In support of this claim the following testimony was taken before the board: “Leonard Dyson and Peter Murphy, being sworn, say that they know the land claimed by Samuel Norriss in his above notice; that the same is situated and lying as is therein described; that said tract was occupied, inhabited, and cultivated by the claimant, by his living and growing corn and tobacco thereon, on and previous to February 22, 1819; thatsaid occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvements on the tract claimed include about fifteen acres.”

We are of the opinion this claim ought to be confirmed, and have accordingly, in the abstract, classed it under the bead of third class of claims.

11. Hugh McNeley, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on both sides of a branch of the Bayou Toro, bounded on all sides by vacant lands, and containing 640 acres. He also offered the following testimony, taken before the board, in support thereof: “Joel Leakey and Jacob Wintree, being sworn, severally say that they know the land claimed by Hugh McNeley in his above notice; the same is situated and lying as is therein described; that said tract was occupied, inhabited, and cultivated by the claimant, by his living and growing corn thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; and that the improvements on the tract claimed may embrace about ten acres.”

On this proof we are of opinion this claim ought to be confirmed, and accordingly, in the abstract, it will be found classed with the third class of claims.

Christopher Anthony, of the parish of .Natchitoches, filed his notice claiming, by virtue of habita­tion, occupati(oi, and cultivation, a tract of land lying within the late neutral territory, situated on the Ne!greite, below the Lewis fork of said bayou, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board: “Jesse Yocum and Jacob Winfree, being sworn, severally say that they know the land claimed by Christopher Anthony in his above notice; that the same is situated and lying as is therein described; that said tract of land. was occupied, inhabited, and cultivated by the claimant, and by those under whom he claims, by his living and growing corn thereon, on and previous to February 22, 1819; that the said occupation, habitation, and cultivation has been continued by the claimant, and by those under whom he claims, since that period to the present time; and that the claimant’s improvements thereon at this time embrace about thirty-five acres.”On this testimony we are of opinion the claim ought to be confirmed, and accordingly, in the abstract, it trill be found classed with the “third class of claims.”

Samuel Norriss, of the parish of Natchitoches, assignee of Peter Murphy, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the southwest bank of Red river, bounded on the east by Baptiste Porno and children, south by vacant land, west by James Pheras, and containing 296.66 acres. The claim is supported by the follow­ing testimony taken before the board:”Leonard Dyson and Peter Murphy, being sworn, say that they know the tract of land claimed by Samuel Norriss, as assignee of Peter Murphy, in his above notice; that the same is situated and lying as is therein described; that the said tract of land was occupied, inhabited, and cultivated by the claimant, or those under whom he claims, by their living and growing corn thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant, or those under whom he claims, since that period to the present time; and that the claimant’s improvements on the tract claimed at this time embraces about five acres.”

On this testimony we are of opinion the claim ought to be confirmed, and accordingly, in the abstract, it will kg. found among the “third class of claims.”

Leonard Dyson, of the parish of Natchitoches, assignee of Edward McLaughlin, filed. his notice claiming, by virtue of habitation, occupation, and cultivation, a tract. of land lying within the late neutral territory, situated on the waters of Red river, on the southeast side of a cut-off which forms Norriss’ island, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:”Samuel Norriss and Peter Murphy, being sworn, severally say that they know the land claimed by Leonard Dyson, as assignee of Edward McLaughlin, and described in his above notice; that the same is lyin and situated as is therein described; that said tract of land was occupied, inhabited, and cultivated by the e claimant, and those under whom he holds, by their living and growing corn thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant, and those under whom he holds, since that period to the present time; and that the claimant’s improvement on the tract claimed at this time includes about five acres.”

On this testimony we are of opinion the claim ought to be confirmed, and have, consequently, in the abstract, classed it with the “third class of claims.”

Nathaniel Norriss, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, and situated on what is called the Peachtree bayou, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:                                                                                                •”Samuel Norriss and Jean Baptiste Poira, being sworn, severally say that they know the land claimed by Nathaniel Norriss in his above notice; that the same is situated and lying as is therein described; and said land was occupied, inhabited, and cultivated by the claimant, and those under whom he claims, by their living and growing corn thereon, on and previous to February 22, 1819; that the said occupation, habitation, and cultivation has been continued by the claimant, or by those under whom he holds, since that period to the present time; and that the claimant’s improvements on the land claimed may include about six acres”

On this testimony we are of opinion the claim ought to be confirmed, and have accordingly, in the abstract, classed it with the “third class of claims.”

Nathaniel Norriss and brothers, of the parish of Natchitoches, filed their notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, and situated on the Peachtree bayou, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:”Samuel Norriss and Jean Baptiste Poir6t, being severally sworn, say that they know the tract of land claimed by Nathaniel Norriss and brothers in their above notice; that the same is situated and lying as is therein described; that the said tract was occupied, inhabited, and cultivated by the claimants, by their living and cultivating corn, tobacco, and cotton thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimants since that period to the present time; and that the claimants’ improvements on the land claimed. at this time embrace about fifteen acres.”

We are of opinion this claim ought to be confirmed, consequently it will be found with the “third class of claims.”

11. Thomas Hicks, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, and situated in the Hickory Woods, within a mile of the Sabine river, about three miles below the mouth of the N4greite bayou, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Joel Leakey and Jesse Yocum, being sworn, say that they know the land claimed by Thomas Hicks in his above notice; that the same is situated and lying as is therein described; that said tract of land was occupied, inhabited, and cultivated by the claimant, and by those under whom he holds, by their living and growing corn thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant, and those under whom he holds, since that period to the present time; and that the claimant’s improvements on the land claimed embrace about twenty acres.”

We are of opinion this claim ought to be confirmed, and consequently, in the abstract, have classed it with the “third class of claims.”

Leonard Dyson, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the south­west bank of Red river, bounded north by Henry Stockman, northwest by Samuel Norriss, south by vacant land, and east by land claimed by Baptiste Poriio, sr., containing 575 acres. The claim is supported by the following testimony taken before the board:

“Samuel Norriss and John McLaughlin, being sworn, say that they know the land claimed by Leonard Dyson in his notice No.18; that the same is situated as is therein described; that said tract was occupied, inhabited, and cultivated by the claimant, by his living and growing corn thereon, on and previous to February 22, 1819; That said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about five acres.”

We are of opinion, from the proof adduced, that this claim ought to be comfirrxied, and in the abstract. it will be found among the “third class.”

Baptiste Poirdt, jr., brothers and sisters, of the parish of Natchitoches, filed their notice claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the southwest bank of Red river, bounded northwest by Samuel Norriss, and on all other sides by vacant land, and containing 640 acres; in support of which the following testimony taken before the board was filed:

“Leonard Dyson and John McLaughlin, being sworn, say that they know the tract of land claimed by Baptiste Poirdt, jr., his brothers and sisters, in his above notice No. 19; that the same is situated and lying as is therein described; that said tract of land was occupied, inhabited, and cultivated by the claim­ants, by their living and growing corn thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimants since that period to the present time; and that the claimants’ improvements on the land claimed embrace about seven acres.”

We are of opinion, from the proof adduced, that this claim ought to be confirmed, and accordingly, in the abstract, it will appear among the “third class.”

Baptiste Poirdt, sr., of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on one of the lakes of Red river, bounded on all sides by vacant land, and containing 351.80 acres, agreeably to a plat of survey made by John Dinsmore, jr., deputy surveyor, dated October 30, 1823, filed with his notice. The claim is supported by the following testimony:

“Peter Murphy and John McLaughlin, being sworn, say that they know the land claimed by Baptiste Poirdt, sr., in his above notice; that the same is situated and lying as is therein described; that said tract of land was occupied, inhabited, and cultivated by the claimant, by his living and cultivating tobacco and fruit trees thereon, on and previous to February 22,1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; that the claimant’s improvements on the land claimed embrace about two acres.”

We are of opinion, from the proof adduced, that this claim ought to be confirmed, and in the abstract it will appear under the head of “third class.”

Moses Robison, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the south­west bank of Red river, on an island, and bounded as described in a plat of survey made by John Dinsmore, jr., deputy surveyor of the United States, dated October 27, 1823, filed with the notice, and containing 435;1 acres. The claim is supported by the following testimony taken before the board:

“James Pharis and Peter Murphy, being sworn, say that they know the tract of land claimed by Moses Robison in his above notice; that the same is situated and lying as is therein described; that said tract of land was occupied, cultivated, and inhabited by the claimant, by his living and growing corn thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about eight acres.”

We are of opinion, from the proof adduced, that the claim ought to be confirmed, and in the abstract have classed it with the “third class of claims.”

Peter Stockman, of the county of Natchitoches, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, and situated on the southwest bank of Red river, bounded on all sides by vacant land, except on the west by land claimed by Baptiste Poirdt, sen., and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Samuel Norriss and. John McLaughlin, being sworn, severally say that they know the land claimed by Peter Stockman in his above notice; that the same is situated and lying as is therein described; that said tract of land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, Sic., thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improve­ments on the land claimed embrace about six acres.”

We are of opinion, from the proof adduced, that this claim ought to be confirmed, and accordingly, in the abstract, it will be found with the “third class of claims.”

Jacob Winfree, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, and situate in the Hickory Woods, on a branch of the Negreite bayou, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” George Stewart and John Waddill, being sworn, severally say that they know the land claimed by Jacob Winfree in his above notice; that the same is situated and lying as is therein described;• that said land was occupied and cultivated by the claimant, by his living and growing corn thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvements on the laud claimed embrace about ten acres.”

It is admitted the tract here claimed was not “inhabited” by the claimant on or prior to February 22, 1819; and the question now arises, is this circumstance essential to the validity of his right? It is shown that the land was actually cultivated on that day, and prior thereto, by the claimant himself; and we think that, notwithstanding the fact of his living with his family at a neighbor’s, perhaps for temporary protection or convenience, he would have been entitled, under the government at that time exercising the sovereign power over that tract of country, to a title. We are of opinion, therefore, this claim ought to be confirmed, and have, in the abstract, classed it with the “third class.”

James Pharis, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of Sand lying within the late neutral territory, and situated. on the southwest bank of Red river, bounded on the northwest by Moses Robison, on the south by vacant land, on the southeast by Samuel Norriss, and containing 640 acres. Supported by the following testimony taken before the board:

“Moses Robison and Peter Murphy, being sworn, severally say that they know the land claimed by James Pharis in his above notice; that the same is situated and lying as is therein described; that said tract of land was occupied, inhabited, and cultivated by the claimant, by flis living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time, and that the claimant’s improve­ment on the land claimed embraces about ten acres.”

We are of opinion this claim ought to be confirmed, and, in consequence, have reported it in the abstract with the “third class.”

Jost; Rues, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the neutral territory, situated on the Bayou Santa Barbara, bounded on all sides by vacant laud, and containing 640 acres. In support of which the following testimony was taken before the board:

” Louis Latham and A. Delaserda., being sworn, severally say that they know the land claimed; that the same is situated and lying as is therein described; that said land was occupied, inhabited, and culti­vated by the claimant, by his living and growing corn, &e., thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about seven acres.”

We are of opinion this claim ought to be confirmed; therefore, in the abstract, it will appear under the head of “third class.”

Atonasio Delaserda, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land within the late neutral territory, situated on the Bayou See, bounded on the north by Jose Ignacio Estrother, and containing 640 acres. In support of the claim the following testimony was taken before the board:

” Peter Patterson and Jose Ignacio Estrother, being sworn, severally say that they know the laud claimed by Atonasio Delaserda in his above notice; that the same is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about twenty acres.”

We are of opinion this claim ought to be confirmed; therefore, in the abstract, it will appear under the head of “third class.”

 Jose Estrader, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the ]ate neutral territory, situated on the Bayou See, bounded on the south by Atonasio Delaserda, and containing 640 acres. In support of which the following testimony was taken before the board:

“Peter Patterson and Atonasio Delaserda, being sworn, severally say that they know the land claimed by Jose Estrader in his above notice; that the same is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, and by the person from whom he claims, by their living and growing corn thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant, and by the person from whom be claims, since that period to the present time; and that the claimant’s improvement on the land claimed embraces about. eight acres.”

We are of opinion this claim ought to be confirmed; therefore, in the abstract, it will appear under the head of ” third class.”

Peter Patterson, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated on the i Bayou See, bounded on the northeast by the improvement of John Maximillien, and on all other sides by vacant land, containing 640 acres. The claim is supported by the following testimony taken before the board:

” Lewis Latham and John Maximillien, being sworn, severally say that they know the land claimed by Peter Patterson in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon.? on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present day; and that the claimant’s improvement on the land claimed embraces about thirty acres.”

We are of opinion this claim ought to be confirmed, and consequently it will appear, in the abstract, under the head of “third class.”

Daniel Waltman, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated on the Bayou See, bounded on the east by the line of S. Davenport, on all other sides by vacant lands, and con­taining 640 acres. In support of which the following testimony was taken before the board:

“Lewis Latham and John Maximillien, being sworn, severally say that they know the land claimed by Daniel Waltman in his above notice; that said land is situated. and lying as therein described; that said land was occupied, inhabited, and cultivated by the claimant, and by those under whom he holds, by their living and growing corn, &c., thereon, on and previous to February 22, 1819; that said cultivation,occupation, and habitation has been continued by the claimant, and others holding under him, since that period to the present time; and that the claimant’s improvement on the land claimed embraces about seventeen acres.”

We are of opinion this claim ought to be confirmed, and consequently it will appear, in the abstract, under the bead of “third class.”

John Maximillien, of the parish of Natchitoches, Bled his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou See, bounded on the west by Peter Patterson, on all other sides by vacant lands, and containing 640 acres. In support of which the following testimony was taken before the board:

“Lewis Latham and Peter Patterson, being sworn, severally say that they know the laud claimed by John Maximillien in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living, and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improve­ment on the land claimed embraces about thirty acres.”

We are of opinion this claim ought to be confirmed, and consequently it will appear, in the abstract, under the head of ” third class.”

Henry Stockman, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on the south­west bank of Red river, bounded south by Leonard Dyson, and Bte. Poirit, sr., and containing 500 acres, agreeably to a plat of survey made by John Dinsmore, deputy surveyor of the United States, dated October 20, 1823, and filed with the notice. In support of this claim the following testimony was taken before the board:

“John McLaughlin and Peter Murphy, being sworn, severally say that they know the land claimed by Henry Stockman in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land embraces about twenty acres.”

We are of opinion this claim ought to be confirmed; it will consequently be classed, in the abstract, with the ” third class” of claims.

John Gordon of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on the east side of the river Sabine, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” Samuel Norriss and Nathaniel Norriss, being sworn, severally say that they know the land claimed by John Gordon in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improve­ment on the land embraces about seven acres.”

Believing the testimony sufficient, we are of opinion this claim ought to be confirmed, and, accord­ingly, it will be reported, in the abstract, with the “third class of claims.”

.83. John Armstrong, assignee of Charles Curtis, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situate on the Cass lake, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Leonard Dyson and John McDaniel, being sworn, severally say that they know the land claimed by John Armstrong, assignee, in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by him, under whom the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued since that period to the present time by the claimant, and those under whom he holds; and that the claimant’s improvement on the land claimed embraces about eight acres.”

We are of opinion the claim ought to be confirmed, and accordingly, in the abstract, it will appear with the “third class of claims!’

Cezare Wallace, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on a small branch emptying into a lake known as Cass lake, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony:”Leonard Dyson and John Armstrong, being sworn, severally say that they know the land claimed by Cizare Wallace in his notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued since that period to the present time by the claimant; and that the claimant’s improve­ment on the land claimed embraces about eight acres.”

We are of opinion this claim ought to be confirmed, and it will, in the abstract, appear under the head of ” third class.”

James Kirkham, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on the waters of the Potrero, bounded northeast and south by vacant land, on the west by name unknown, and contain­ing 640 acres. The following testimony was taken before the board:” John Laplace and Robert Sharp, being sworn, severally say that they know the land claimed by James Kirkham in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improve­ment on the land claimed embraces about twenty acres.”

‘ From this testimony we are of opinion the claim ought to be confirmed, and, in the abstract, it will appear under the head of ” third class.

36. John Laplace, of the parish of Natchitoches, filed his notice claiming, by virtue of habitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the south side of the road leading from Natchitoches to Gaines’ Ferry, about three miles beyond the Adais from Natchitoches, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“James Kirkham and Robert Sharp, being sworn, severally say that they know the ]and claimed by John Laplace in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to this time; and that the claimant’s improvement on the land claimed embraces about twenty acres.”

On this testimony we are of opinion the claim ought to be confirmed, and in the abstract it will appear under the head of “third class.”

V. James Kirkham, of the parish of Natchitoches, assignee of Thomas Cartwright, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on the Chacon bayou, bounded on the northwest by Henry Sheridan, on all other sides by vacant land, and containing 640 acres. In support of the claim the following testimony was taken before the board, in addition to a plat of survey made by John Dinsmore, jr., deputy surveyor of the United States, under date September 26, 1823, which is filed with the notice:

“Henry Stoker and Robert Sharp, being sworn, severally say that they know the land claimed by James Kirkham, assignee, in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant’s assignor, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued since that period to the present time; and that the claimant’s improve­ment on the laud claimed embraces about fifteen acres.

On this proof we are of opinion the claim ought to be confirmed, and in the abstract it will appear with the “third class of claims.”

Benjamin Winfree, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on a branch of the Bayou N6g,reite, bounded on the northwest by Jacob Winfree, on all other sides by vacant land, and containing 640 acres. The following testimony was taken before the board in support thereof :”John Waddill and George Stewart, being sworn, severally say that they know the land claimed by Benjamin Winfree in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &e., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improve­ment on the land claimed embraces about four acres.”

We are of opinion this claim ought to be confirmed, and in the abstract it will appear with the claims of the ” third class.”

Marian Sanchez, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou Pedro; bounded on all sides by vacant land, about one mile below the crossing of the main road, con­taining 640 acres. I.n support of which the following testimony was taken before the board:”James Kirkham and Henry Stoker, being sworn, severally say that they know the land claimed by Marian Sanchez in his above notice; that said land is situated and lying as is therein described; that said laud was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the said land embraces about ten acres “

We are of opinion, from the testimony, that this claim ought to be confirmed, and have, in the abstract, reported it in the “third class.”

Benjamin Morris, of the parish of Natchitoches, filed his notice claiming, by purchase, founded on occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the headwaters of the Toro, in the Hickory Woods, bounded on all sides by vacant land, and containing 640 acres. In support of which the following testimony was taken before the board and filed:”Jacob Winfree and George Stewart, being sworn, severally say that they know the land claimed by Benjamin Morris in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, and by those under whom he claims, by their living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued since that period to the present time; and that the claimant’s improvement on the land. claimed embraces about eight acres.”

On this proof we are of opinion the claim ought to be confirmed, and have, in the abstract, reported it in the ” third class.”

Absalom J. Winfree, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on the headwaters of the Toro, in the Hickory Woods, and containing 640 acres. In support of which the following testimony was taken before the board:“Jesse Yocum and Jacob Winfree, being sworn, severally say that they know the land claimed by Absalom J. Winfree in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, and by those from whom he claims, by their living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued since that period to the present time by the claimant; and that the claimant’s improvement on the land claimed embraces about four acres. N. B.—Yocum knows nothing of the subsequent improvement”

We are of opinion that this claim ought to be confirmed, and in the abstract it will be found with claims of the “third class.”

Henry Stoker, assignee of Alexander Calhoun, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on the dividing ridge between Red river and the Sabine, bounded on the west by Mr.Davenport, on all other sides by vacant land, and containing 640 acres. In support of which the following testimony was taken before the board:

” James Kirkham and Marian Sanchez, being sworn, severally say that they know the land claimed by Henry Stoker, assignee of Alexander Calhoun, in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant’s assignor, by his living and growing corn, Sze., thereon, on. and prior to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant, and by those under whom he holds, since that period to the present time; and that the claimant’s improvement on the land claimed embraces about forty acres!’

Being of opinion this claim ought to be confirmed, we have classed it, in the abstract, with the • “third class.”

Badio Flores, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated in the town of the Adais ; bounded on the south by John Lum, northeast by Andrew Chamard, north by Augustin T. San Miguel, and containing sixty-three acres, agreeable to a plat of survey made by John Dinsmore, jr., United States deputy surveyor, dated September 30, 1823, and filed with the notice. The claim is supported by the following testimony taken before the board:” Marian Sanchez and James Kirkham, being sworn, severally say that they know the land claimed by Badio Flores in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improve­ment on the land claimed embraces about ten acres.”

Being of opinion this claim ought to be confirmed, we have classed it, in the abstract, with claims of the “third class.”

Thomas Arthur, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated. on the waters of the Ndgreite bayou, called the Long Prairie bayou, near the Hickory Woods, bounded on the south by Jacob F. Winfree, on all other sides by vacant lands, and containing 640 acres. The claim is supported by the following testimony taken before the board:”John Waddill and Absalom Winfree, being sworn, severally say that they know the land claimed by Thomas Arthur in his above notice; that said land is situated and lying as is therein described; that said land was occupied and cultivated by the claimant, by his growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation and cultivation has been continued since that period to the present time by the claimant; and that the claimant’s improvement on the land claimed embraces about twenty acres; that the claimant has lived on the land claimed since the winter of 1819 and 1820.”

Though it is not proved that the land claimed was actually inhabited on February 22, 1819, yet we are of opinion the claim ought to be confirmed, and have therefore classed it with the “third class” in the abstract.—(See No. 23.)

Andr6s Galindo, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of laud lying within the late neutral territory, situated on the waters of Bayou See, bounded south by Simon Montalgo, on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:”Peter Patterson and Guillaume Bet4, being sworn, severally say that they know the land claimed by Andrs Galindo in his above notice; that said land is situated and lying as therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about five acres.”

Being of opinion this claim ought to be confirmed, we have, in the abstract, classed it with the “third class.”

Francois Poirdt and Moses Robison, of the parish of Natchitoches, filed their notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on the southwest bank of Red river, bounded east by Samuel Norris, south by the lakes, west by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:”John McLaughlin and Leonard Dyson, being sworn, severally say that they know the land claimed by Francois Poira and Moses Robison in their above notice; that the said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimants, by their living and growing corn, &c., thereon, on and prior to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimants since that period to the present time; and that the claimant’s improvement on the land claimed embraces about three acres.” The notice is signed by F..Poirdt.

Moses Robison, one of the claimants here, heretofore (No. 21) in his own right before this board, claimed a tract of land, by virtue of occupation, habitation, and cultivation, which was recommended for confirma­tion; and we believe it was repugnant to the policy and contrary to the practice of the former Spanish government to concede an additional tract for purposes of cultivation without the applicant’s augmenta­tion of force or increase of means, or other favorable circumstances, were urged and shown. This has not been attempted here, and cannot be inferred. We are therefore of opinion that this claim, to the extent of Robison’s interest or moiety, ought to be rejected, and that Francois Poirt’s claim for the other moiety, or 320 acres, ought to be confirmed to him; and consequently, in the abstract, the claim to that extent, in favor of Francois Poir6t, will appear under the head of “third class.”

41. Michael Early, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on the Bayou San Miguel, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Peter Patterson and John Maxinnillien, being sworn, severally say that they know the land claimed by Michael Early in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, and by those under whom he holds, by their living and growing corn thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continural hrt116 naimant ,omce that period to the present time; and that the claimant’s improvement oil Acertgarceig about forty acres.” On this proof we are of opinion the Medal earaPaartae:aeraiiiirmed, and in the abstract it will appear under the head of “third class.”

. 48. John Armstrong, of the parish of Natchitoches, assignee of James Anderson, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, and situated on the west side of Red river, on Anderson’s island, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“John McLaughlin and Lemuel Dyson, being sworn, severally say that they know the land claimed by John Armstrong, assignee, &o., in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, and by those under whom he claims, by their living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation has been continued by the claimant, and those under whom he holds, since that period to the present time; and that the claimant’s improvement on the land claimed embraces about ten acres.”

On this proof we are of opinion the claim ought to be confirmed, and in the abstract it will appear under the head of “third class.”

David Case, of the parish of Natchitoches, assignee of John Bully, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on the Bayou See, now in the possession of John Euny, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:”John Maximillien and Guillaume Bebe, being sworn, severally say that they know the land claimed by David Case, assignee, &c., in his above notice; that said land is situated and lying as is therein described; that the said land was occupied, inhabited, and cultivated by the claimant, or by those under whom he holds, by their living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant, and those under whom he holds, since that period to the present time; and that the claimant’s improvement on the land claimed embraces about twelve acres.”

On this proof we are of opinion the claim ought to be confirmed, and have, in the abstract, reported it under the head of “third class?’

Henry Berger, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Cane bayou, about six miles west of Natchitoches, and containing 640 acres. In support of which the following testimony was taken before the board:”John Smith and James Kirkham, being sworn, severally say that they know the land claimed by Henry Berger in his notice No. 50; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and the claimant’s improvements on the land claimed embraces about fifty acres.”

We are of opinion this claim ought to be confirmed, and have, in the abstract, reported it under the head of “third class.”

61. Henry Berger, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou Adaize, and containing 640 acres. In support of which the following testimony was taken before the board:

“John Smith and James Kirkham, being sworn, say that they know the land claimed by Henry Berger in his above notice; That said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, through his agent, on and prior to February 22, 1819; that it was inhabited, occupied, and cultivated since that period by the claimant, through his agent, up to the year 1821, but whether since, deponents knows not; and that the claimant’s improvement on the land claimed may include about seven acres.”

We have already recommended the confirmation of a claim, No. 50, in favor of the present applicant, founded on occupation, habitation, and cultivation; and in conformity to the principles recognized in the claim of Moses Robison, No. 46, we are bound to say, in our opinion, that this claim ought not to be confirmed, and have accordingly, in the abstract, classed it under the head of “fourth class.”

52. Rebecca McLaughlin, of the parish of Natchitoches, filed her notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on the southwest branch of Red river, bounded on the east by Bte. Poiret, junior, brothers and sisters, south and west by vacant land, and containing 640 acres. In support of which the following testimony was taken before the board:

“John McLaughlin, being sworn, says that he knows the land claimed by Rebecca McLaughlin in her above notice; that the same is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, or by her father, to whom she succeeds as heir, on and previous ito February 22, 1819, and knows not whether the claimant has since occupied, cultivated, or inhabited the land.”

The testimony is too vague and unsatisfactory to justify a favorable report. With regard to the cultivation, the witness’ recollection is clear up to February, 1819, but knows not whether the father, from whom the claimant derives title, was yet dead. On the whole, we cannot but give it as our opinion that this claim ought not to be confirmed, and have, in the abstract, reported it under the head of “fourth clasclass”53. Andre Valentine of the parish of Natchitoches, assignee of Marian Sanchez, filed his notice claiming a tract of land lying within the late neutral territory, situated on the Bayou Sacatchie near the road leading from Natchitoches to Anondaco, bounded by vacant lands, and containing 649 acres; claimed by ‘virtue of occupation, habitation, and cultivation made by said Marian Sanchez on and previous to September 22, 1819, and since that period by the claimant, to whom Sanchez conveyed his right. The claim is supported by the following testimony:

“Andre Adley and Baptiste Prudhomme, being sworn, say that they know the land claimed by Andr6 Valentine in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by Marian Sanchez, under whom the claimant holds, on and previous to February 22, 1819; that said land has been inhabited, occupied, and cultivated by the claimant since up to the present time; and that the claimant’s improvement on the land claimed embraces about fifteen acres.”

Marian Sanchez, assignor of the land here claimed, has, before this board, filed his notice (No. 39) claiming, in his own right, another tract, by virtue of occupation, cultivation, and habitation, on and prior to February 22, 1819, which facts being proven, we recommended a confirmation of his claim. Without attempting to reconcile testimony so contradictory as that case and this presents, we will even admit that Sanchez occupied both tracts at the date of the treaty between the United States and Spain; yet, according to the regulations of the Spanish government, which we are bound to recognize, its authorities in Texas would only have confirmed to him one of them, except on a showing that his means, pursuits, or force, required a deviation from the established practice, which is•not pretended. The only difficulty then. is, which claim ought to be preferred—that or this ? The one he has retained and now occupies and cultivates, or the one he has conveyed to the present claimant ? We think where legal rights are exactly balanced, motives of public policy must decide; and according to its dictates, we are of opinion this claim ought not to be confirmed, and in the abstract have classed it with claims of the “fourth class.”

Firmin Poissot, of the parish of Natchitoches, filed his notice claiming, by virtue of inhabitation, occupation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou Lapoint, in the district of Bayou Pierre, bounded by vacant land, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:”Andre Valentine and Andre Adley, being sworn, say that they know the land claimed by Firmin Poissot in his above notice; that said land was occupied, inhabited, and cultivated by the claimant, (through his agent,) by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, habitation, and cultivation, has been continued by the claimant (through his agent) since that period to the present time; and that the claiknant’s improvement on the land claimed embraces about twenty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Andre Adley, Baptiste Prudhomme, and Jose Lochobeach, of the parish of Natchitoches, filed their notice claiming, by virtue of occupation, cultivation, and inhabitation, a tract of land lying within the late neutral territory, situated on the waters of the Bayou de Cie, bounded’on all sides by vacant land, and containing six hundred and forty acres, agreeably to a plat of survey drawn by John Dinsmore, jr., deputy surveyor of the United States, dated September 18, 1823, and filed with the notice. The claim is supported by the following testimony taken before the board:”Andr6 Valentine and Antoine Adley, being sworn, severally say,they know the land claimed in the above notice; that said land is situated and lying as is therein described; that said laud was occupied, inhabited, and cultivated by the claimants, by their living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimants since that period to the present time; and that the claimants’ improvements embrace about fifteen acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with ” the third class of claims.”

Cezare Wallace, of the parish of Natchitoches, filed his notice claiming, under a purchase at the sale of the estate of Pierre Wallace, deceased, who held, by virtue of occupation, inhabitation, and culti­vation, a tract of land lying within the late neutral territory, and situate on a small bayou which empties into Lake Terre Noir, bounded on the east by Thomas Wallace, on all other sides by vacant land, and containing six hundred and forty acres. The claim is supported by the following testimony:”John McLaughlin and Leonard Dyson, being sworn, severally say that they know the land claimed by Cezare Wallace in his above notice; that said land is lying and situated as is therein described; that said land was occupied, inhabited, and cultivated by Pierre Wallace, under whom the claimant holds, by said Pierre living and growing corn, &c., thereon, on and prior to February 22, 1819; that said occupa­tion, inhabitation, and cultivation has been continued by the said Pierre Wallace and the claimant since that period to the present time; and that the claimant’s improvements on the land claimed embrace about five acres.”

On this proof we are of opinion the claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

51. Andre Valentine, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated on the waters of Bayou de Cei, bounded on all sides by vacant lands, and containing 640 acres. In support of the claim the following testimony was taken before the board:

“Andre Adley and Baptiste Prudhomme, being sworn, severally say that they know the land claimed by Andre Valentine in his above notice; that said land is lying and situated as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about twelve acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

58. James Shackleford, of the parish of Natchitoches, as assignee of Henry Stockman, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on Spring bayou, about two miles from Laurel Spring, about eight miles west of the town of Natchitoches, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Henry Stockman and Peter Stockman, being sworn, say that they know the land claimed by James Shackleford in his notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant’s assignor, by his living and growing corn, &c., thereon, on and previous to February 22,1819; that said occupation, inhabitation, and cultivation has been continued by the claimant, or by him under whom he holds, since that period to the present time; and that the claimant’s improvement on the land claimed embraces about four acres.”

Henry Stockman, from whom the claimant derives his right, has claimed another tract, (No. 31,) by virtue of occupation, habitation, and cultivation, which claim has been recommended for confirmation.

Our remarks in the claim of Andre Valentine are strictly applicable to this; and for the reasons therein given, we are bound to say that this claim ought not to be confirmed; and have accordingly, in the abstract, classed this claim with the “fourth class.”—(See No. 53.)

Edmund Quirk, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Bayou La Nan, about eight miles from the Sabine river, bounded on all sides by vacant land, and containing 640 acres, supported by the following testimony taken before the board:” Peter Patterson and Jesse Yocum, being sworn, each says he knows the tract of land claimed by Edmund Quirk in his above notice; that said tract of land is situated and lying as is therein described; that the same was occupied, inhabited, and cultivated by the claimant, by his living and growing corn thereon, on and previous.to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improve­ment on the land claimed embraces about twenty-five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Wm. Quirk, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated. on the road leading from Natchitoches to Gaines’ Ferry, on the Sabine, about seven miles from the Sabine river, bounded on all sides by vacant land, and containing six hundred and forty acres. The claim is supported by the following, testimony taken before the board:”Jesse Yocum and John Sheridan, being sworn, severally say that they know the land claimed by William Quirk in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and prior to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about nine acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third cIass.”

Manuel Merino, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on Bayou Pedro, bounded by vacant land on all sides, and containing 640 acres. In support of which the following testi­mony was taken:”Marian Sanchez and John Moran, being sworn, severally say that they know the land claimed by Manuel Merino in his above notice; that said land is lying and situated as is therein described; that the same was occupied, inhabited, and cultivated by the claimant, or by his father, from whom he derives title, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said inhabi­tation, occupation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

Guillaume Bebe, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, and situated on the Bayou See, in the settlement called the Cavasas, bounded on the east by land occupied by Leno Padea, and containing 640 acres. The claim is supported by the following testimony taken before the board:”Peter Patterson and Marian Sanchez, being sworn, severally say that they know the land claimed by Guillaume Bebe in his notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation, has been con­tinued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about twenty-five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Widow La Leno Padea, of the parish of Natchitoches, filed her notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, and situated on the Bayou See, between Guillaume Bebe below and David Waltman above, and containing 640 acres. The claim is supported by the following testimony taken before the board:”Guillaume Bebe and Peter Patterson, being sworn, severally say that they know the land claimed by La Leno Padea in her above notice; that said land is situated and lying as is therein described; that the same was occupied, inhabited, and cultivated by the claimant, by her living and growing corn, Sic., thereon, on and prior to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time, and that the claimant’s improvement on the land claimed embraces about five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

John Freeman, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of Bayou St. John, bounded on the east by Yarberry Spring branch, on all other sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:”Henry Stockman and Peter Stockman, being sworn, say that they know the land claimed by John Freeman in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about eight acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with the “third class.”

Rosimo Gagnie, of the parish of Natchitoches, flied his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of the Bayou Laboiane Chasse, bounded north by Thomas Wallace, east and west by vacant land, south by Pierre Roblot, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Baptiste Prudhomme and Andre Adley, being severally sworn, say that they know the land claimed by Rosimo Gagnie in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about eight acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with the “third class” of claims.

James Shackleford, of the parish of Natchitoches, assignee of John •Stein, who purchased of Hopkins Sibley, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated at a place called the Laurel Springs, about nine miles from the town of Natchitoches, and on the road from that place to Gaines’ Ferry, on the Sabine, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:”John Smith and Jeremiah Morrell, being sworn, say that they know the land claimed by James Shackleford in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by Hopkins Sibley, from whom the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabi­tation, and cultivation has been continned by the claimant since that period to the present time; and that the claimant’s improvement on the land embraces about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Eli Smith, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habi­tation, and cultivation, a tract of land lying within the late neutral territory, situated on the west side of the Bayou Kisatchie, bounded by Portevent Bloodworth on one side and Joseph Grubbs on the other, and containing 640 acres. Before the board the following testimony was taken in support thereof :”Jeremiah Wrinkles and David Morrell, being sworn, say that they know the land claimed by Eli Smith in his above notice; that said land is situated and lying as is therein described; that said laud was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been con-tinned by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

David Wrinkles, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the west side of Bayou Kisatchie, adjoining to land claimed by Portevent Bloodworth on one side and by Placide Bossier on the other, and containing 640 acres. The claim is supported by the following testimony taken before the board:”Jeremiah Morrell and Eli Smith, being sworn, say that they know the land claimed by David Wrinkles in his above notice; that said land is lying and situated as is therein described; that said land was occupied, inhabited, and cultivated by the claimant., by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been con­tinued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about twenty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

John Montgomery, jr., of the parish of Natchitoches, filed his notice claiming, by virtue of occu­pation, habitation, and cultivation, a tract of land lying; within the late neutral territory, situated on the west side of the Bayou Kisatchie, near its mouth, bounded on all sides by vacant land, and containing 640 acres. In support of which the following testimony was taken before the board:”Jeremiah Morrell and Eli Smith, being sworn, severally say that they know the land claimed by John Montgomery, jr., in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improve­ment on the land claimed embraces about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Eli Smith, of the parish of Natchitoches, assignee of Archibald Thompson, who purchased of Gethro Butler, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated on the east side of Bayou Centerburb, and near its junction with Middle creek; bounded, as is supposed, on all sides by vacant lands, and containing 640 acres. In support of which the following testimony was taken before the board:

 
“Jeremiah Morrell and James M. Gibson, being sworn, severally say that they know the land claimed by Eli Smith in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, or by those under whom he claims, by their living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabi­tation, and cultivation has been continued by the claimant, or by those under whom he claims, since that period to the present time; and that the claimant’s improvement on the land claimed embraces about ten acres.We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”John Sheridan, of the parish of Natchitoches, assignee of Pedro Guiardo, filed his notice claiming, by virtue of occupation, inhabitation, and cultivation, a tract of land lying within the late neutral terri­tory, situated in a Spanish village about sixteen miles southwest of the town of Natchitoches, bounded southeast by Henry Shelidan, northeast by John Sibley’s, north by a concession in favor of De Lion, west by J. Tate, and containing 256.40 acres, agreeably to a plat of survey made by John Dinsmore, jr., deputy surveyor of the United States, dated August 29, 1823, and filed with the notice. The claim is supported by the following testimony taken before the board:

“John Lum and Henry Earles, being sworn, severally say that they know the land claimed by John Sheridan in his above notice; that said land is situated and lying as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, or by the person under whom he holds, by their living and growing corn, &c., thereon, on and previous to February 22, 1319; that said occupation, inhabitation, and cultivation has been continued by the claimant, and by those under whom he holds, since that period to the present time; and that the claimant’s improvement on the land claimed embraces about ten acres.”

We are of opinion that this claim ought to be confirmed, and in the abstract have classed it with claims of the third class,„

12. James Tate, of the parish of Natchitoches, assignee of one Cubaza, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated in a Spanish village about sixteen miles southwest of the town of Natchitoches, bounded southeast by Bodio Flores, west by vacant land, northwest by land of the claimant, and north by a road leading from Natchitoches to the Sabine, and containing 640 acres. The claim is supported by the following testimony taken before the board :

“John Lum and Henry Earles, being sworn, severally say that they know the land claimed by James Tate in his above notice ; that the said land is situated and lying as is therein described ; that said land was occupied, inhabited, and cultivated by one Cubaza, from whom the claimant purchased, by his living and growing corn, &c., thereon, on and previous to February 22, 1819 ; that said occupation, inhabitation, and cultivation has been continued by said Cubaza and the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

James Tate, of the parish of Natchitoches, assignee of Maria Moara, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated in a Spanish village about sixteen miles southwest from the town of Natchitoches, bounded on the southeast by the claimant, southwest by vacant land, northwest unknown, and containing 640 acres. The claim is supported by the following testimony taken before the board :” John Lum and Henry Earles, being sworn, severally say that they know the land claimed by James Tate in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by Maria Moara, from whom claimant purchased, by his living and growing corn, &c., thereon, on and previous to February 22, 1819 ; that said occupation, inhabitation, and cultivation has been continued by said Moan and the claimant since that period to the present time; and that the claimant’s improvement on the land embraces about two acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

James Tate, of the parish of Natchitoches, assignee of Pablo Libras, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated in a Spanish village about sixteen miles from the town of Natchitoches, bounded southeast by other lands of the claimant, southwest by a small bayou, northwest by the claimant, and containing 640 acres. The claim is supported by the following testimony taken before the board :”John Lum and Henry Earles, being sworn, severally say that they Imow the land claimed by James Tate in his above notice ; that said land is situated and lying as is therein described ; that said laud was occupied, inhabited, and cultivated by the family of Antonio Castro, by their living and growing corn, &c., thereon, on and previous to February 22, 1819 ; that said occupation, inhabitation, and cultiva­tion has been continued since that period to the present time by said family, Pablo Libras, and the claim­ant ; and that the claimant’s improvement on theland claimed embraces about two acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

Maria Conception de Lion, assignee of Mariano Rodriguez, of the parish of Natchitoches, filed her notice claiming, by virtue of occupation, habitation, and cultivation, a tract of laud lying within the late neutral territory, and situated in a Spanish village, bounded northwest by Antonio Rodriguez, northeast by the main road leading from Natchitoches to the Sabine, about one quarter of a mile from the Bayou Adais, and containing 640 acres. The claim is supported by the following testimony taken before the board :”John Sheridan and Seledon Langoria, being sworn, severally say that they know the land claimed by Maria Conception de Lion in her above notice.i that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by Mariano Rodriguez, from whom the claimant holds, by his living and growing corn, &c., thereon, on and before February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about three acres.”

We are of opinion this claim ought to he confirmed, and in the abstract have classed it with claims of the third class.

76. Antonia Rodriguez, of the parish of Natchitoches, filed her notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated in a Spanish village about sixteen miles from the town of Natchitoches; bounded on the northeast by the road from that place to Gaines’ Ferry, on the Sabine, on the southeast by Maria Conception de Lion, on all other sides by vacant land, and containing sixty acres. The claim is supported by the following testimony taken before the board:

“John Lum and John Sheridan, being sworn, say that they know the laud claimed by Antonia Rodri­guez in her above notice; that said land is situated and Tying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by her living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed. it with claims of the third class.

77. Asa Beekum, of the parish of Natchitoches, assignee of Maria San Miguel, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated about sixteen miles from the town of Natchitoches, near a Spanish village; bounded on the southeast by an old road, all other sides unknown, and containing 640 acres. The claim is sup­ported by the following testimony taken before the board:

“John Lum and John Sheridan, being sworn, severally say that they know the land claimed. by Asa Beekum in his above notice; that said land is situated and lying as is therein described; that said laud. was occupied, inhabited, and cultivated by Maria San Miguel, from whom the claimant holds, by her living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by said Maria and the claimant, with the exception of one year, since that period to the present time; and that the claimant’s improvement on the land claimed embraces about four acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with the claims of the third class.

78. James M. Gibson, of the parish of Natchitoches, assignee of J. Montgomery, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the main road from Natchitoches to Opelousas, on the waters of McKimm’s creek, bounded on all sides by public land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Eli Smith and Dred Smith, being sworn, severally say that they know the land claimed by J. M. Gibson in his above notice; that said land was occupied, inhabited, and cultivated by the claimant, or by the persons under whom he claims, by their living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant, or by the persons under whom he holds, since that period to the present time; and that the claimant’s im­provement on the land claimed embraces about ten acres.”

We are of opinion this claim ought to be confirmed, and have in the abstract classed. it with claims of the third class.

79. Charles Noyrit, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated in the Isle

Beaulieux, fronting on Red river, bounded below by Beaulieu’ above by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Pierre Laffitt and Valentine Andre, being sworn, severally say that they know the land claimed by Charles Noyrit in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been con­tinued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about two acres.”

We are of opinion this claim ought to be confirmed, and have in the abstract classed it with claims of the third class.

Francois Prudhomme, of the parish of Natchitoches, filed his notice claiming, by virtue of occu­pation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated. on the Bayou of the Prairie Winsy, bounded above by land of Pierre Dolet, and below by Francois Ranabert, and containing 640 acres. The claim is supported by the following testimony taken before the board:

Andrew Valentine and Pierre Laffitt, being sworn, severally say “that they know the land claimed by Francois Prudhomme in his above notice; that said land is situated and lying as is therein described; that said land. was occupied, inhabited, and cultivated. by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improve­ment on the land claimed embraces about twelve acres.”

We are of opinion this claim ought to be confirmed, and have in the abstract classed it with claims of the third class.

Alexander Germieul, of the parish of Natchitoches, filed. his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated at ” Isle Beaulieu; bounded on one side by Charles Noyrit, on the other by vacant land, and containing 640 acres.” The claim is supported by the following testimony taken before the board:

Andre Valentine and Pierre Laffitt, being sworn, say “that they know the land claimed by Alex­ander Germieul in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, Sao., thereon, on and prior to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued since that period to the present time; and that the claimant’s improvement embraces about three acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Pierre Laffitt, of the parish of Natchitoches, filed his notice claiming, by virtue of a grant signed by the lieutenant governor of Nacogdoches, bearing date June 12, 1784, in favor of Pierre and Baptiste Laffitt, and by virtue of occupation, inhabitation, and cultivation for more than thirty years, a tract of land lying within the late. neutral territory, and situated. between the Bayou Nadier to that named Nabancha, (the first now called Bayou Pierre and the last Nanticole,) containing 11,893.89 acres, agreeably to a plat of survey drawn by John Dinsmore, deputy surveyor of the United States, dated September 6, 1823. The claim is supported by the original grant filed with the notice, of which the following is a translation:

“Don Antonio Gil y Barvo, captain of militia and lieutenant governor, military and political, of the town of Nacogdoches and its jurisdiction, in consequence of the prayer of Pierre and Baptiste Laffitt, inhabitants of this jurisdiction of Texas, with the approbation of their father, Paul Bouett Laffitt, inhabi­tant of said province, and residing for many years in the place called the Bayou Pierre, the route which strangers pass through with merchandise for the Indian trade, and to furnish nations at war with this province, that they may be granted lands in said place, with the necessary extension for the pasturing and breeding of cattle and horsed of every description, obliging themselves, with the commission of the superior authority, to guard, watch, and impede strangers from passing without a legal passport from the territorial magistrate of said province: in virtue of which and in consideration of the above, and being well informed of the good conduct of the petitioners, I have agreed on giving them possession of the said place and the lands they solicit, charging them to proceed in a legal manner as regards their undertaking. Signed. at Nacogdoches, June 12,1’184. Signed Antonio Gil y Barvo. Let it be well understood that said concession of land is granted from the bayou that is named Nadier to that named Nabancha, for the pasturing of their stock, which grant I hope will meet the approbation of the governor of this province. In testimony, &c. Gil y Barvo.

The following testimony taken before the board was also filed :

Andre Valentine and Francois Prudhomme, being severally sworn, say ” that they know the land claimed by Pierre Laffit in his above notice ; that the said land is lying and situate as is therein described ; that said land was occupied, inhabited, and cultivated more than thirty years since by Pierre Laffit, the grantee, who then had his cattle and family thereon ; and that said land has been constantly and uninterruptedly inhabited, cultivated, and occupied by the claimant since to the present day.”

The extent of land here claimed is less than a moiety of the whole conceded.

The document relied upon was merely a permission to settle, requiring the approbation of the gov­ernor to make the alienation complete. By what act or form this approval was expressed we know not ; it may have been by a general confirmatory act, embracing permission for preceding years, and made at each visit to the jurisdiction under his government ; it may have been usual to express it by his paraph in the margin of the original record, or it is possible the superior sanction may have been implied from his total silence on the subject. In either case, considering the length of time the claimant has been in possession, joined to the fact proven by certain answers preceding this report, that the records of Nacog­doches bad been forcibly carried off and were no longer to be found, we think that proof of the fact of approval ought not now to be required of the claimant. We think this claim would have been considered valid under the government from which it emanated, and are therefore of opinion it ought to be confirmed; and have accordingly, in the abstract, classed it with claims of the “second class.”

Hugh McGuffin, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the waters of Bayou Pedro, bounded on the southwest by James Kirkham, and containing 640 acres. The claim is supported by the following testimony taken before the board :” John Lum and Jared Cable, being sworn, severally say that they know the land claimed by Hugh McGuffin in his notice ; that said land is situated and lying as is therein described ; that said land was occupied, inhabited, and cultivated by the claimant, or by the person from -whom he holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819 ; that said occupation, inhabitation, and cultivation has been continued since that period to the present time by the claimant ; and that his improvement on the land claimed embraces about thirty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

Harriet W. M. Cable, of the parish of Natchitoches, assignee of J. Cable, who purchased of James Dill, filed her notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, and situated on a bayou known by the name of Young’s bayou, bounded on all sides by vacant lands, and containing 640 acres. The claim is supported by the following testimony taken before the board :”John Lum and Hugh McGuffin, being sworn, severally say that they know the land claimed by Harriet W. M. Cable in her above notice; that said land is lying and situate as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, or by the person from whom she holds, by their living and growing corn, &c., thereon, on and previous to February 22, 1819 ; that said occupa­tion, inhabitation, and cultivation has been continued by the claimant, and by the person from whom she holds, since that period to the present time; and that the claimant’s improvement on. the land claimed embraces about twenty-five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Athanasse Poissot, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated in the settlement of Bayou Pierre, on Bayou Cantamaman, bounded on all sides by vacant land, containing 640 acres. The claim is supported by-the following testimony taken before the board :”Andre Valentine and Pierre Laffitt, being sworn, severally say that they know the land claimed by Athanasse Poissot in his above notice; that said land is situated and lying as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time, and that the claimant’s improve­ment on the land claimed embraces about eight acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the ” third class.”

Mary E. Case, wife of William M. Rivers, of the parish of Natchitoches, filed her notice claiming, by virtue of occupation, habitation, and cultivation, a tract of laud lying within the late neutral territory, situated about a quarter of a mile from the Aroya Honda, on the road leading from the town of Natchi­toches to Gaines’ Ferry, on the Sabine, bounded on the east by the Aroya Honda, on all other sides by vacant land, containing 640 acres, agreeably to a plat of survey made by John Dinsmore, jr., deputy surveyor of the United States, dated August 24, 1823, and filed with the notice. The claim is supported by the following testimony taken before the board:”John Bonner, being sworn, says that he knows the land. claimed. by Mary E. Case in her notice; that said land was occupied, inhabited, and cultivated by the claimant, by her living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improve­ment on the land claimed embraces about six acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Joseph Valentine, of the parish of Natchitoches, filed his notice claiming, by virtue of a Spanish grant in his favor, a .ixact of land lying within the late neutral territory, situated on the Bayou Pierre branch of Red river, in the settlement of Bayou Pierre, having, on the south side of said river, Bayou Macdown for its northern boundary, its eastern boundary being Red. river, being one mile and a half square, and on the other side of said river beginning at a certain bayou, and running down the river ten acres, with the ordinary depth, if it can be had. The following is a translation of the grant on which the claim is founded: “Don Antonio Gil y Barvo, captain of militia, lieutenant governor, and judge delegate of smuggling and forfeitures, and chief justice of the town of Na. Sa. del Pibar of Nacogdoches and its jurisdiction. Whereas Jph. V. [torn] has appeared by petition, bearing date August 5, in the present year, one thousand. seven hundred and ninety-one, praying with due submission that the tract of land called Adaes, because the tribe of the Adaes occupy it, may be granted him, I do grant it to him for the object in his petition mentioned—the raising of horses, herds of cattle, flocks of sheep, and the cultivation of grains of husbandry—with the condition of remaining subject, as ought to be, and are all those domi­ciliated in this province, and under my jurisdiction, to the royal laws, mandates, and dispositions, and orders of his superiors. In virtue whereof, I have given this grant, and signed it with witnesses of my assistance, for want of a notary, there being none, august 13, 1/91. Signed Antonio Gil y Barvo; paraphed Ohristoval de Cordoba, Jacinto de Ignono.” In support of the claim the following testimony was taken before the board:

“Pierre Laffitt, being sworn, says that he knows the land claimed by Joseph Valentine in his above notice; that the same is situated and lying as therein described; that the grantee, Joseph Valentine, twenty-one years ago established and lived on the land claimed with his family; that he kept his horses, cattle, &c., and planted corn and other grains thereon at that time, and that he has continued to Live on, cultivate, and occupy said land, to raise horses, cattle, &c., and to plant and raise corn and other grains thereon, from the time of its first establishment until the present time.”

The extent of ground conceded is not stated in the grant, but the limits and extent claimed embrace a smaller area of ground than was usually granted for stock farms. We think the title relied upon was considered by the former government as a complete grant, and are of opinion it ought to be confirmed; accordingly, in the abstract, have classed it with claims of the “first class.”

John Baptiste Trezzeni, of the parish of Natchitoches, assignee of Francois Serpentine, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a. tract of land lying within the late neutral territory, and situate in the settlement of Bayou Pierre, bounded on the west by Michel Rambert, on all other sides by vacant lands, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Andre Valentine and Pierre Laffitt, being sworn, say they know the land. claimed by John Baptiste Trezzeni in his above notice; that said land is situate and lying as is therein described; that said laud was inhabited, occupied, and cultivated by the person under whom the claimant holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the person under whom the claimant holds since that period to the present time; and that the claimant’s improvement on the land claimed embraces about six acres.”

We are of opinion the claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

Jose Maria Procella, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated at a place called Tresellanos, on the road leading from Natchitoches to the crossing on the Sabine, called Las Omegas, containing 640 acres. The claim is supported by the following testimony before the board:

“Samuel Davenport and Manuel Gonzales, being sworn, severally say they know the land claimed by Jose Maria Procella in his above notice; that said land is situate aid lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, in the month of May, 1814; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about twenty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

James Wilson, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on a creek emptying into the Sabine river, called the Spring branch, bounded on the south by claim of Philip Winfree, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Philip Winfree and A. Winfree, being sworn, severally say that they know the land claimed by James Wilson in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

Philip Winfree, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated near the Sabine river, bounded on the north by land claimed of James Wilson, and containing 640 acres. The claim is supported by the following testimony taken before the board:

” Jacob Waddle and James Wilson, being sworn, severally say that they know the land claimed by Philip Winfree in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about twenty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class

Abraham Winfree, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated near the Sabine river, bounded on the north by Philip Winfree, and containing 640 acres. This claim is supported by the following testimony taken before the board:

“James Wilson and Jacob Waddle, being sworn, severally say that they know the land claimed by Abraham Winfree in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, Sze., thereon, on and previous to February 22, 1819; that said. occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about ten acres.”

We are of opinion that this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

John Waddle, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the Sabine river, about three miles south of Philip Winfree’s, bounded on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony:

” Philip Winfree and Abraham Winfree, being sworn, severally say that they know the land claimed by John Waddle in his above notice; that said land is situated and lying as is therein described; that said land was inhabited, occupied, and cultivated by the claimant, by his living and growth.-b corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation was continued by claimant two years after said time; that the improvements on the land claimed, at this time, embrace about six acres.”

John Waddle, the present applicant, claimed another tract (No. 8) by virtue of occupation, habitation, and cultivation, on and prior to February 22, 1819, in his own right; which fact being proven, we favorably reported his claim. This, in conformity with our decisions in Nos. 46, 51, and 53, cannot be recognized; therefore we are of opinion this claim ought not to be confirmed, and in the abstract have classed it with claims of the fourth class.

James Viralker, of the parish of Natchitoches, assignee of Asa Dallohide, filed his notice claiming, by virtue of occupation, habitation, and. cultivation, a tract of land lying within the late neutral territory, situated on a branch of theBayou Tom, bounded on the northeast by land claimed by James Small, on all other sides by vacant lands, and containing 640 acres. This claim is supported by the following testimony taken before the board:

“Philip Winfree and Abraham Winfree, being sworn, severally say that they know the land claimed by James Walker (under a purchase from Asa Dallohide) in his above notice; that said land is situated and lying as is in said notice described; that the said land was occupied, inhabited, and cultivated by James Quinalty, under whom said Dallohide holds, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by said Quinalty, and those persons claiming by and through him, from that period to the present time; and that the claimant’s improvement on the land claimed embraces about ten acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

Joseph Grubb, of the parish of Natchitoches, holding through a chain of conveyances from Gibson Johnson, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated- on the west side of Bayou Kisatchie, bounded, as is supposed, on all sides by vacant land, and containing 640 acres. This claim is supported by the following testimony taken before the board:

“Ethelred Smith and Major Smith, being sworn, say that they know the land claimed by Joseph Grubb in his above notice; that the same is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated, on and prior to February 22, 1819, by Gibson Johnson, (from whom the claimant holds,) who lived and cultivated corn, &c., thereon; that said occupation, inhabitation, and cultivation has been continued by said Johnson and others, claiming by and through him, since that period to the present time; and that the claimant’s improvement on the land claimed embraces about thirty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

Joseph Grubb, of the parish of Natchitoches, assignee of Thomas Nash, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the west side of the Bayou Kisatchie, bounded, as is supposed, on all sides by vacant land, and containing 640 acres. The claim is supported by the following testimony taken before the board:

“Ethelred. Smith and Major Smith, being sworn, say that they know the land claimed by Joseph Grubb, assignee of Thomas Nash, in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by said Thomas Nash, by his living and growing corn, &a., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by said Nash and the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about twenty acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

O. Manuel Gonzales, of the parish of Natchitoches, filed his notice claiming, by virtue of occupa­tion, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on the road leading from Natchitoches to the Ormegas, about one mile west of a Spanish village, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“Jose Maria Procella and Jose Sankues, being sworn, say they know the land claimed by Manuel Gonzales in his above notice; that the same is situated and lying as is therein described; that said land was inhabited, occupied, and cultivated, by the claimant’s living and °Towing corn, &c., thereon, on and previous to February 22, 1819; that said inhabitation, occupation, and cultivation have been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about eight acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

98. Azor Mathis, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated on Mill creek; bounded on the north by land claimed by Brown, and containing six hundred and forty acres. In support thereof the following testimony was taken before the board:

“Ethelred Smith and Major Smith, being sworn, say that they know the land claimed by Azor Mathis in his above notice; that said land is situate and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about fifteen acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the third class.

Henry Sheridan, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, habitation, and cultivation, a tract of land lying within the late neutral territory, situated near a Spanish village, about sixteen miles southwest of Natchitoches, bounded as is represented in a plat of survey filed with this notice, made by John Dinsmore, jr., deputy surveyor of the United States, and dated August 28, 1823, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“Matthew Richards and John Smith, being sworn, say they know the land claimed by Henry Sheridan in his notice No. 99; that said land is situated and lying as is therein described; that said land. was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation has been continued by the claimant since that period to the present time; and that the claimant’s improvement on the land claimed embraces about thirty-five acres.”

We are of opinion this claim ought to be confirmed, and in the abstract have classed it with claims of the “third class.”

James McKimm, elder, of the parish of Natchitoches, filed his notice claiming, by virtue of occupation, cultivation, and habitation, a tract of land lying within the late neutral territory, situated on the north fork of the Bayou Provencal, bounded on the lower side by land claimed by James McKimm, younger, and containing six hundred and forty acres. The claim is supported by the following testimony taken before the board:

“Asa Hickman and John Self; being sworn, say that they know the land claimed by James McKimm, elder, in his above notice; that said land is situated and lying as is therein described; that said land was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, &c., thereon, on and previous to February 22, 1819; that said occupation, inhabitation, and cultivation was continued by the claimant since that period up to the close of the year 1821, and that his improvement on the land embraces about ten acres. That, after the close of the year 1821, the claimant moved off the land. claimed, but continued to reside until the present day within the neutral territory. They believe that the claimant holds or claims no other land but the tract now solicited.”

Believing that the claimant, on February 22, 1819, was entitled to a title under the government then exercising the sovereign power over the neutral territory, and that his right has not become forfeited under the government of the United States by his subsequent abandonment, we are of opinion this claim ought to be confirmed; and in the abstract have classed it with claims of the “third class.”

Claim #’s 101-280