PKKSKN'rlil) liV ^o / ^ V / HON. j. B. C. LUCAS. Jit ^:!69i44t^^f4^ vT^^^^-^t^^tii^e^-. LETTERS OF HON. T. B. C. LUCAS FROM 1815 TO 1836. COMPILED AND PUBLISHKD HV [IIS GRANDSON, JOHN B. C. LUCAS, St. Louis, Mo. 1905. ie'05 Letters of Hon. J. B. C. Lucas from 1 815 to 1836. St. Louis, Augt. 10th, 1817. Wm. Liu-as, Dear ^^'lll.: — Your two letters to me are of the 7th of June aud 4th of July last. My two last to you are of the 'M)th of June, aud r)th of July, the last of which has been i)nt in the hands of Mr. Von Pliul with |50.00 for you. 1 purpoiso to send you soon, 150.00 more. At the expiration of the present session I advise you to go to the College of Washington and remain there dur- ing the winter session. These are to be the last six months of your college study. As your mind becomes more strong and mature, these remaining six months ought to be more benetieiatly employed than ever. Let me know what sum is necessary for mathematical iu- strunuMits. That yonr IkmHIi be not materially impaired by close application 1 think it to be necessary to exercise your body by occasional hunting. You will thereby combine strength with agility and adroitness. A fowling piece would be preferable to shoot flying and running. T will allow you about eighteen dollais for a gun and a half of a dollar per week for load and powder. You must prom- ise me to keej) your gun clean and in good order, and not depart fidui that way of spending your leisure hours, which must be done not less than once a week, T wish that in your next you be explicit as to your choice of a ])rofessiou. If you incline to the profession of the law you will certainly go in the spring to Litch- field to attend the lectures of Reeves during one year, in the meantime 1 must observe you that lawyers are flocking here from all parts. Tlie profession here will soon be overstocked. Your brother Charles holds cut well, and by his prac- tice and speculation in lands, is getting rich fast. The numbei- '»f his enemies is daily increa.^ing. I remember to have mentioned you that probably on his return from the United States he would be engaged in most serious dilticulties. You appeared to me much concerned and expressed a wish to be here present to see or perhaps to aid or a.ssif^t. I showed him vour letter because your sentiments bespoke, in my opinion, your hearty concern for him. He took it amiss not knowing probably that I had given occasion to these by my previous commnuications to you of what I ex- pected would take place. It appears that he has cen- sured you judging from one of your letters to him which he has shown me. I wish you to believe that I never intended the effect which has been produced in giving him to read the letter Avhich you wrote me. I thought that instead of censure he would have given you credit. but be it as it may, he is certainly your most ardent friend, and as to me 1 shall in future keep to myself your communications. I repeat to you again that Cliarles is perha])s more critically situated than before. If you should prefer to learn brewing beer or stilling in the best manner, such ms cordials and gin, grain being abundant here and more so in time to come, this, together with the easy and pi-omi)t means of ex- portation, grcnt business might be done here. I am informed that sucli stilling is carried to great perfec- tion in New York and to great advantage. I wouhl have you to learn this business either at New York or Pliilndclphia. I ("oiild jilTdVcl von a coiivciiiciit site and some (•a[)ilal. K(l\vaih Bank. I shall send you fifty more soon. You will procure your- self without delay, the mathematical instruments that are necessary and a ^ood fowling piece. As I, told you before the gun must be a great exerciwe will enable you to bear better with stillness and close application. We are here in a daily expectation of the arrival of a Koman Catholic Bishop and several priests. It is un- certain what part of the country the Bishop will select for his residence. He is a man of distinguished talents and pei'soual accomplishments. Charles has fought a duel on the 12th inst. early in the morning with Colonel Benton, a gentleman of the bar. Charles was wounded, a bullet entered his neck near the throat on the left side of it and came out about an inch and a half distant from the place it entered in a declining direction. He lost good yield of blood; almoist fainted. He became dim for a few minutes and although he had declared that he was not satisfied, and directed that his pistol be loaded again, he was disabled from continuing the figlil. I was then :it my farm and came late in the evening of same day. On my return I heard of the affair; that he was in bed at Mr. Easton's and was anxious to see me. I went immediately and found him in excellent spirits but very hoaise. I entertained serious appre- hensions of the wind pipe or other muscles being ma- terially impaired, however, I found his voice in the next morning as it ought to be. The doctors pronounced that the state of his blood was good. He is recovering very fast. He could not have a more narrow escape. 6 He just now has come to our liouse for the first time. ITe lias hit his adversary's leg a little below the knee, near the center of the bone. It has not cut the cloth of his pant ;i loons, it has only produced the effect of a bruise by raising a blister of blood. The powder must have been weak. Benton has been confined two or three days and when he went out first, he has, though involuntarily, let out some symptoms of momentary lameness. When you write to Charles do as if you knew noth- ing of these. You must have seen Mr. Von Phul about the 1st of Augt. Adieu, J. B. C. L. St. Louis, 29th Sept., 1817. Wm. Lucas, M}'^ dear son: — We have met with an irreparable loss. Your brother Charles is no more. He fell last Satur- day early in the morning, in a single combat with his former antagonist, Col. Benton, His enemies have at last succeeded to have him killed, but none of them could subdue him. He lo^ ed you as much as I myself do, and his exist- ence was more necessary to you than mine. His irre- proachable character, his sterling worth, the fair pros- pects that his eminent qualities would be rewarded and public esteem made him the mark of envy. You and James have been the particular objects of his last will. He has directed a certain part of his property to be made productive, and the proceeds to be applied to the education of you and James until 1824, Avht'D I lie whole is to bo divided ainon<>st his heirs at law. 1 am jioiiiii to write to John C<»ltou Smith, former governor of Connect ieut for the purpose of ascertaining when the course of lectures on law commences at Litch- field, that I may give you information thereof, leaving to you to take such a determination as you may think best. I have sent money to James to enable him to come back home. I expect to see him in the course of two Aveeks. Several of biis schoolmates have returned here. All of them make a very favorable re])ort of him. I here enclose fifty dollars in four bank notes. You have received before this lime my hlter to you of the 18th ultimo, enclosing fifty d(dlars. ilr. Tharp has shot dead Wm. Smith, «S:c. 1 have called upon all the fortitude I may possess to bear my misfortune. Do the same. 1 s(dace myself with the hope that you will continue to pursue a correct conduct and that you will be an example to James who I ho])e iis in a fair way of reform. We will draw more closely, if possible, the ties that unite us. Adrian is •much depressed. I love you dearly. J. B. C. L. St. Louis, October 2d, 1817. Joshua Barton, Sir: — As there remains nothing of my late son Charles Lucas but his repulation, and as it is my sacred duty to defend and protect it, I beg leave to ai)ply to you for information on some particulars relating to his differ- ences with Mr. Benton. IsL IMeasc to slate what day you did uotify Mr. LaAvlcss that Charles LiicavS was sufficiently recovered of his Wdiiiid f<» meet Col. IJeiitoii, and what time of the day this notihcation was ^iven. State fully what 3'ou said on that subject, hew direct and explicit you were. Be pleased to relate whether Charles appeared cool and collected when he took his «;round at the last interview with I>entou; if both tired at the same time, or if not, who tired the soonest. What were the words Mv. Benton addressed Charh's after he fell? What was said or re- l)lied by Charleis to Benton? What wiM-e the last words Charles uttered? N. B. — Be pleased to i;ive me a coj)y of the notes of Charles to Benton and this or his last to Charles. J. B. C. L. St. Louis, October 4th, 1817. Doctor Quarles, Sir: — As there remains nothini' of my late son Charles Lucas but hiis reputation and as every particular relat- in«»' to it is of the Jii^hest concern to me, I beg leave to put a few questions to which I hope you will be pleased to answer as far as you know. Did Charles a]>i)ear cool and collected when he took his i»round «tr crimi nation and a perfect cessation of usefulness on tlu^ part of the teacher. i»(dieving that yiui are Oecoming worthy of my at- tention, I ]>ropose to have the Gazette of this place forwarfh'd to you her* after. Mr. Le Due will hand you this letter, and if t\>und necessary will give you some pecuniary relief. I have written to ]Mv ssrs. Flaget and Wilson, but have received no answ« r from them. All is well at houu*. Adieu, J. B. C. L. St. Louis, June 2r)th, 1817. James Lucas, • lames. I have written to yon by ^Ir. Le Due who is to accompany young <'adei Chouteau iu a journey in- ten'e it to you to make choice of such profession as you may think best. From what Charles tells me il a]»pears that you in- cline for the i)rofession of the law. If so, you must particularly apply to the study of Belles Letters, with- out, however, giving up natural philosophy and the U repetition of your Latin books. Your taste must be formed on the best models. Take always into view that the object of art is to present the powers and eharms of njiture. Bombast, affectation, swell, re- dundancy of words, «S:c., are incompatibh^ with it. At all events 1 lliiiik yoii (tui;lil t«» remain at collef>e until the end (d the next winter session. After these, if your inclination remain the same, you will <;() to Connecti- cut to attend, duriui*- one year, the lectures of Judge Reeves on Law. \\'liat you Avill learn there will be elementary and systeiiialic, l>y means of r<*petitions and rearji'uments with numerous students whom you will meet, your ideas niav be ^liawney Town.) St. Louis, October 12th, 1817. Wm. Lucas, My dear son: — James arrivc^d t \u- day before yesterday in good healih. Our forloin situation) rendered him still more acceptable. In addition to the favorable account which wc had of liim tlirougli various cliannels, I have the satisfaction to find him generally much im- proved. Without making any ])ara(I(^ or showing the least pretension he discloses a great (piickness of ideas, justness of judgments. His eyes arc full of expression, his sentiments chaste and good, liis sensibility great; he is stout built, wide i)articiilaily al llie breast; his body sufficiently straiglit, his head not too much inclined for- ward. His judgment appears solid; he is, so far, (juite another James, and his sister is wondering at him. lie lias learned, Avhilst at college, to till and cut the grapevines. They have promised to send him cuttings and he purposes to plant a vineyard. We went this morning together over our land, lie made several ju- dicious remarks, pointed the i)lace convenient for a vineyard. As we came back along the line adjoining the road on the other side of the draft, where the n-arest 16 out springs are, lie noticed a row of rails that are not put up. lie appeared to be much concerned that rails should be sutT(^red to decay and rot on the ground. He tohl nu^ thai if I wouhl let liiiii do it, he wouhl put Ihciii u]) liiuisolf tills week coniiiig in. He lias been baptized, taken the .sacrament of eucharistie and contirmation. He says that nothing offers more true happinesvs than religion. I believe the priests have wrought miracles with him. May he ])ersever(^ in tlie course he has taken. The irreparable loss which we have met with; my coiis<'(iuent forlorn situation; the consideration that your age little admits of delay; together with the in- formation which I have lately received that the course of lecture of law at Litchfield commences in the autumn, has induced me to alter my opinion as to the propriety of your attending the college of Washington during this winter session. I think it best for you to settle imme- diately all your little affairs at ranonsburgh or Wash- ington, and go without any delay to Litchfield, Con- necticut, that you may be in time to commence with the others. I here inclose a letter to introduce you to John Colton Smith, former govi^rnor. I had a small acquaintance with him at Washington. 1 Ix'lieve him to be a man of friendly disposition, posses;sing great affability. I hope he will have the goodness to give you such hints or advices a« you may stand in need of, and to recom- mend you to law char.Mcters or other persons in or about Litchtiehl. Vou mnsi take yourself the enclose'ashington in order to present petitions and use their endeavors to have their land claims con- firmed. If they can they will bolster up Mr. Scott and aid him in all his attempts, for they are all jockeys of the same club, therefore if you wish to secure to' your son or a friend the appointment in question, the application ought to be made as early as possible, at all events, I make with pleasure to your son the tender of my hous(% and (►f any service 1 may have it in my power to render him. I presume that I need not to mention you that all those land claims which are not yet confirmed are des- titute of any force in law, justice or equity, that the papers or documents on which they are predicated are for the best part s])uri(uis, or. to say the least, have no authenticity; that the concession for the same were not issued by the proper officer, authority, and in many cases were issued after the king of Spain had ])arted with the domain in favor of France. 23 I am so well acquainted with those claims that if I was at Washin<:^on in due time I coiild confidently appear at the bar (»f the House of Kepiesentatives as required, and satisfy tliem that the act of Conoress of 1814 under the authoritj- of which so man^^ claims have been confiruK'd has departed from the fundamental principles on which the right of the U. S. to the public lands in Louisiana- is predicated agreeably to the re- spective treaties of cession of Louisiana with Spain to France and from France to the U. S.; that the effects of the same act of 1814 have become ruinous to the U. S. and such as could not be intended, and tliat the continuation of that departure by any new act of Con- gress extending its effects to claims not yet confirmed, would render it almost unnecessary to establish land offices here, or would hardly leave anything else about the present settlements and for a great distance from the same, but marshes and mountains as objects of j)ublic sales. 1 am informed that some of the land claimants have divided their claims into shares which they have sold or intend to sell to some members of Congress or other persons of infiuence. When many of those claims were owned by the original grantees they were depreciated as being represented to be fraud- ulent by the same persons who since have bought them for little or nothing. Having considered myself at all times as something more than a fiominal rcimblican. 1 make this commnni- cation in order to assist in defending the public thing from being totally dilapidated or plundered. I beg leave to observe that you need not look for correct in- formation, neither from Mr. 8cott nor ]Mr. Hope from the Illinois territory, for they are both holders of claims and their popularity with several influential men de- 24 ]3en(ls upon tlicir succoss in t\w land way. As T wish to live in sonic (Icgrco of peace witli niv ncij»hboi'S, 1 wish you to consider this coniniunication as conti- dential. We liave in our teiTitory, a i^cnthMiian of tiie bar of rcsjiectable talents and exceih'ut reputation. His name is Jason (MianiberHn. He is from tiie state of N'ermont, and I believe is <;('nerally known by the delej;ation of that state in Conj;ress who may satisfy you nioro fully on his deserts. 1 bej]j leave to recom mend him to you as a fit person to fill the office of at- torney of the U. S. for the Missouri Territory or that of I\ei>ister of the land oltice that will probably be opened for the southern part of the territory either in the county- of Girardeau or Lawrence. I am, &c. J. B. C. L. St. Louis, 13th December, 1817. Genl. Wm. Carol, Sir: — TTavin«i heard my late son, Charles Lmas. often speak of you as bein^i a friend of his, and beinj; per- suaded that the circumstances of his untimely death, if known to you, must have excited your feelin.i«;s in a hij;h dej;ree, 1 bejj^ leave to re(|uest you, in memory of that former friendship, if compatible with your views, to favor nu' with an answer on ih*' followinjj; (lueries. What kind of rejtutation Thomas II. lienton enjoyed when he was student in North Carolina as far as you know? What were his pursuits in the state of Tennessee from his first cominp," into it until he left it? What is his general reputation in the state of Ten- nessee? 25 What dift'erence had he with Geul. Jackson? Did Jacksou accept or refuse? If he did refuse, what cause of refusal did he assigu? Did he charge Benton with anj' improper act, if so, be pleased to specify it. What was understood to be the cause of Kenton leaving Tennessee? Mr. Benton from his tirst ari'ival at St. Louis until now has Ix^^'n indefatigablv pursuiuj^ every means he might think to be conducive t<» ])()pularity. He has wedded himself, or rather organi/ed a bloody faction who thought that ('harles Lucas was much in tht-ir way. He has become the executioner of their ne- farious schemes. He is now underhandedly after me with a petition or denunciation to (^ongress against me as a judge, which one of his tools carries and shows cautiously to those who are ])reviously ascertaiiUMl to be willing to sign anything against me. I am in- formed that they meet with very poor encouragement, but be it as it may, I feel no kind of unea.siness. I know it is a mere shift to divert me from my object or put me if they can on the defensive. This, I assure you, will not make me deviate in the least from my course. The biography of Charles Lucas has been published in the Missouri Gazette. I hope you have received the number that contains it, if not let me know it. If you please, I will forward it to you. Yours, &c. St. Louis, Jany. 11th, 1817. Charles Lucas, (I have informed him that I consent to spend as much if necessary, as |300 per year for Wm., all in- 26 eluded, whctlier at Carlislo or any wlicro olse, I re- (liu'st liini to <'xli()i't \\u\. to study in the ratio of his ajj^e and the sacriticc I make for liim. I caiiiutt k«M'p him longer in ((dh'iic than two or tliree years, lie oniiiit to stuain the time this letter will reach you it will be proper for you to leave Litchtield. Wm. Tharp was tried at the last superior court at St. Louis for killiui;- Wm. Smith. He was acquitted after a very laborious trijil. I have been very unwell by severe cold, I am recov- ering; slowly. I propose to write to you by next mail and direct my letter to you, post office at New York or Philadelphia, 1 have this morniuii-, the 4th of OctobfM' received the ])ainful news of the death of little Ann the eldast daughter of Mrs. Hunt. She expired last night at 27 midnight. She was taken with very violent fits a few days before. Slie had been wiy sickly for h)no- time, but since about twelve montlis slie had perfectly re- covered, was thrifty, lively and very amiable indeed. She indicated great yield of cuteness and sense. 1 loved the poor little thing. I am persuaded her father and mother are very much affected. This is the begin- ning of Mrs. Hunt's trials. I presume you know that they live in tlie country. I am told they have many sick persons in their house. Tliei-e is a great yield of sickness about Cape Girardeau and Kaskaskia, espe- cially among the new comers. Adieu, J. B. C L. St. Louis, October 27, 1820. Hon. Robt. Moore, My dear sir: — J received 3'our letters written during last session of Congress. I have learned with a particu- lar pleasure by your last of the 12th of April, ulto., that through your instrumentality Congress has escaped, though narrowl}', the imposition which Mackay was going to practice upon the U. S. What a fortunate thing that the error has been discovered in time. Had such a bill passed, Mackay & Co. would not have failed to dress up and assimilate, by all the affidavits and other exparte evidence necesisary, a mnlti])licity of other claims, and apply for the further extension of what he would call a principle, which would be in reality an error. This is the way that the least aberration from principle, specially in legislating on laud subjects, affords ground and means at least plausible, where none of any kind at first existed. 28 T liavc lately seon a i)ani])lilpt on land rlaims, pnb- ILsIkmI (Inrinii <•'«' Ijint si'ssion of Conjiiess, at Washing- tdii, h\ llic aj^cnt of Mackay and others. It is replete wiili misstatements and false positions. It contains no aimiiiicnts from the merits of the claims, but h-s j^overninji- the rights of the Spanish land c laims is em])hatica]ly onal enemies and the ardent 29 friends of slavery, in all its extent and attributes, charged me, or suspected me to be hostile to the princi- ple of slavery all together, and contended that 1 dared not to go the whole length of my opinion, knowing it to be unpopular. In fact, I Avas called an emancipator, and this is the worst name that can be given in the state of Missouri. As I I'csidc in the county of St. Louis, where the Spanish land claimants have the most in- Jluence, 1 liad to cnconntcr their powerful oi)position. thus 1 lost the eh'ction from those two causes combined together. 1 also cous(Mited since to b(^ a candidate foi- the Senate of the V. S. My ])rMsp(M-ts were nnich fairiM' bf^-ause the election was not contined to a county, but I was again unsuccessful. When the members of both houses first av(U'ted for several years past an uni)rotitable pub- lic paper for and in view of his political agiiraudize- ment. lie has lived hi.i»h and at a ureat ex])ense for the same purpose. His all de])cuds on iicttinu th<' land claiuis contirmed or on obtaininj; by any surreptitious means the) ])asvsa<;e of law that will mediately tend to that object. As an editor he has lavished every abuse and con- tumely on the re])rcs('ntativc8 in ('oni>ress that were in favor of the amenenlon. Let not the per- secution which T have endured, the personal sacritice which 1 have made, nor my cons* (pient self denial of a seat in the Senate be lost and unpioductive to the I"^. S. There is some probability that I shall f State will bo well disposed towards me. Mr. Crawford knows better than any (me else how I have acted as land commisvsioner and what difficulties I had to encounter. I am rt'S])e(tfidly, &c, P. S.— As an instance of tlio moans which Mr. Benton havS used to obtain a sear in the Scnat<% ])erniit me to state to you that Mr, Benton went in person on the day the election for senator took place to see one of -the members of the Mouse of Kepresentatives who was in bed very dangerously sick, and earnestly solicited hiu) to come to the house in the afternoon and give him his vote. Hiis attending physician was consulted and gave his opinion that the patient could not go without an imminent danger of his life. Mr. Benton persivstotatfli(Ml his formei- auent at Wasliiiigtou to have aiKitlicr petition presoutcd diiriiij^ this present ses- sion for another claim to laud which is precisely in the same situation as the preceding;- one, that is, that it never was recorded in the office of land titles. The two (laiiiis arc contiguous to each other. It is thought that th(^ (luantity of land contained in the 1st claim is worth 125000. Probably the claim for which he is now pe- titioniug is not worth less. I think that the claims of Mr. Mackay ought not to be continued, 1st because none but claims entered on record at the time of the passage of the act of 1814 were within the purview of the same act. 2d, because, the residue the same as in the letter to Wm. Lowndes, November 22d, 1818. J. B. C. L. Jany. 10, 1821. Walter Lowrie, Sir: — Having in my last stated to you that in case the President should nominate me to the Senate to till the office of judge of the District Court of the V. S. for the state of Missouri, I here enclose a number of the St. Louis Enquirer, containing an extract of a letter from the Flon. David Kart(»n to the editor. You will rind in it such undisguised disposition anreater effort tliau ever will be made this year in OongTess to procure the passage of some law for the mediate or immediate confirma- tion of all or part of the French and Spanish land claims to land within the state of Missouri. The in- terest and consequent influence of the French and Spanish laud claimants has been much increased by a number of transfers which have been made of parts of these claims by the original land claimants to vai-i- ous persons of influence in and out the state of Mis- souri. Wm. Clark, the late governor is one of them. They have succeeded already in procuring the election both in the House of Representatives and in the Senate of persons the most devoted to their interests. Thomas H. Benton one of the senators elect, was the manager of their interests at St. Louis for three years past. I am informed that they hav<^ givtu him a share in their claims for his trouble and exerti<>u to j)rocure the c<»n- flrmation of the same claims. \\v is bold and artful and he will not fail to resort to a)' the means imagin- able to carry his point. The land claimants relj^ par- ticularly upon him. He has carried his election by one vote. I was also a candidate for the Senate and I was next to him. I had against nu' all the force of the land claimants. They exp(Mted nothing from me. They knew very well that as one of the former land commissieners, I had reported against their claims. They also knew that I never would abandon the ground which T had taken on that subject. For nu)re par- ticulars I beg leave to refer you to your colleagues the 39 Hon. Jonathan Roberts and Mr. Robt. Moore in the House of Representatives. I hope that Mr. Kenton will be duly watched and properly met with. Let not the jjersecution which 1 have endured from the land claimants, let not my vir- tual self denial of a seat in the Senate, by undeviat- ingly pursuini*- the interests of the U. S. be lost and unproductive to the public. I shall present you in my next my views on the sub- ject of those claims. I am, Respectfully, &c, St. Louis, Jany. 12, 1821. Mahlon Dickerson, Sir: — I here enclose a number of the St. L(mis En- quirer, containing" ;ni extract of a letter fidui tlie Hon. David Barton, to the editor of the same paper. You will find in it such an undisjiuised disposition and sen- timents as will enable you to appreciate one of the most prominent men in the state of Missouri, and know by what kind of characters we are representet accomplice or abettor of any act of violence and insurrection. 1 have pre- pared an answer. This ])ublication will prove that 1 am a western man of an old standing that western men placed a great ccmfidence, «S:c, and will place me on higher ground with the multitude than I occupied before the attack. Several friends have told me that I shall be voted in room of senator Rector, deceased, whether I offer or not. Certain it is that I shall not present myself as a candi- date. The people of St. Louis have been over-reached on the subject of the election. Geyer has deceived every body and seems to be proud of it. I hear with pleasure that you are doing well in yr pay the price of apprizement without hesita- tion, and if some explanation had been necessary I should have made it convenient to call on the lender. 43 Yon did think proper to take another conrse, and there lies the difference between yonr sense of i^ropriety and mine and hence I have been unrice marked tliin-eon III. 50. TIk' trnth is that (lie Sliaks])ear belonging to the estate is lost if this is not the one. If Cooper's Justinian was omitted on the list receipted by you, and yet Avas in your possession, and acknowledged by you to belong to the estate, might it not be presumed that tile Sliakspear in (luestion which you had in your pos- session, without knowing how it came, belong to the estate and was also omitted on the list? But, sir, to cut short, this set of books will be delivered to you any time you will send for it. 46 I first intended to take no notice of any part of your letter except that which rehites to Shakspeare, and your bill of fees, but on further retiection I thought that you stood in tli(^ ureatest watit of some hints and charity has dictated this (Hic if iUcy are imt of present use to you, I li<)])e they will when you return to your senses. In addition to wlial I have before stateil on the sub- ject of the set off which yon proposed to Adrian, permit me to obiserve that vdu did not present yonr bill of fees to liim, and that any deiiiaiid by way of defalcation oujiiil to be made as si)e<*itic and certain as the original demand is; but now the demand beinin' specific enoujj^h by the bill which yoii hav(^ transmitted to me, I am just c^oin.n to meet it. Takinji you to be a man of business and careful of your own concerns, 1 take it for granted that you have duly examined your books, and that you have omitted no charge against the estate, in the meantime I mu*?t inform you that I have not as yet gone to the Clerk's office to ascertain the correchu^ss of your bill, but sup- posing it to be just, notwithstanding you are so per- emptory as to ex])cinj]j the affairs of the bank for the in- terest of the ci'editors, had assij^ncd i^reat part of the rights and credit.s of the bank io an insolvent man, in order to avoid responsibility and practice greater fraud. The District Court for the state of Missouri has at the suit of the r. S. appdinled trustees to hold the remain- in«> propcity of tlio l);iiik aiui attend its concerns. It is to the combined influence of the directors of that bank and of that of the Spanish land claimants that Mr. Benton is indebted for his seat in the Senate, and by his standing of senator he has succeeded to induce the Secretary of the Treasury to confide so much in the bank as to make deposits in the same to the amount of 1152,000 of the money of the U. S. which is now in rhe greatest danger of being lost. That you may be still the better guarded against every art and wite froui tliat quarter let me present to you another trait of Mr. Benton's delicacy. A certain person of tlu^ name of Mann, who enlisted in the army find served during hist war as sergeant, had a demand up- that liis brotlier David Barton was eried down for the vote lie had i»iven in the Senate against the nomination of Wm. Kector to fill the office of Surveyor of public lands for the State of Illinois, Missouri and Arkansas, undertook to publish a statenn nt of the pub- lic conduct of the surveyor in tlie Missouri Republican, printed at St. Louis, and justify the vote of his brother. Immediately after these, he received a (•hallent»e from one of the brothers of the surveyor. Me endeavored to avoid a duel by offeriu,s> to prove the truth of every part of the statement he had made, but this was of no avail. He nnu>bnn why tliey l)(robably the official laud act of Will. Kector. surveyor, etc. will be enquired into by the Senate. I belii^ve that I). Barton is ju'ovided with all the miniments necessary to substantiate the charjjjes containe under the expectation that several of my friends at Wasliinnton have recommended me to the l*i'fisi(lciit to till the otHce of Jud<;(' of the District Court of tile r. S. for tile state of Missouri. 1 be«;' leave to direct your attention for a moment to the peculiar cir- cumstances wliicli I have been placed in since fifteen years that I am one of the superior judges in the terri- tory of Missouri, i have been under tlie disagreeable ne- cessity to check and resist numbers of the former favor- ites of the Spanish authorities who were little used to a fair and impartial administration of justice. 1 had to encounter many desperate and lawless characters from almost every part of the world and to contribute to make them feel tlu^ effects of k^j^al restraints. As land commissioner 1 liad to withstand the rapacity and fraud of many a laixl claimant. They have since trans- ferred considerable jiarts of their claims to influential American citizens and thereby have increased the means of annoying- me. They have endeavored to alarm the people by repre- senting me as an emancipator on the frivohtus pretext that I had suggested befoie the election for the conven- tion, the propriety of prcniding in the Constitution that no slaves should be imported fictni any state in the state of Missouri after ten years from the date of the Consti- tution. 62 XotwiflistMiidiiiii tlicir efforts and misroprpspntation, J had ail lionoiahlc siijtpoit in both houses as eandidate for the Senate of the l'. S. Out of six candidates T was next to Mr. Mentoii, who was elected by a majority of one. It it; beyond all kind of doubt that I had it in my }tower to make a colossal fortune and to secure to my- self an unrivalled ])opularity. 1 sincerely wish that the persecution whi( h I have endured from the land claimants, that my virtual self-denial of a «eat in the Senate, by undeviatinuly pnrsuinn the inteicst of the T". S. be not lost and un|)roductive to the public. A self-approvinji conscienee i)uts me out of the reach of all regrets. If I wish to obtain the appointment of judge, it is more for the |tur])ose of i)roving to my enemies in the state of Misiscuri that my services and fidelity to the U. S. are duly appreciated at Washington, than upon any other account. Respectfully, &c., St. Louis, January 4th, 1821. John Quincy Adams, Sir: — Having been lately informed that some of my friends at Washington l:ad made an api)lication to the President and to yoniself on my behalf for the ap- pnintment (d' judge (d" the District Onirt of the U. S., f(U' the Ntato (d" Missouri; having also had mystdf the li( noi to ridilrcss you a letfer to that effect, and expect- ing ev( 'r.\ o]»posiiion from Mr. Benton anelieve that I am hostile to the best in- terests of the people of Missouri and that hostility is reciprocated in order to deter him fntni appointing me to the office of District Judge, and secure it to one of their favorites. Whether the President will appoint me or not to that office is of no great moment, but it is quite im]»ortant to the public not to let the Spanish land claimants or their partners have any of their creatures placed in that situation, as most probably they will have and expect to have their claims brought 6» before the District C'oiirt of the U. kS. for the state of Missouri in case tliev caunot succeed in oettino- them confirmed by Congress in the hirap at some unguarded moments. I am well informed and believe that Mr. Benton is agent of the Spanish land claimantis; that he has an interest in tlie claims for his aoenc3\ I know that John Scott and Gov. Clark are owners of unconfirmed claims to a large amount; that Benton has incessantly advo- cated the Spanish land claims in the St. Louis En- quirer, of which he was until latelj^ one of the owners and editors. I know that the great object of my ene- mies at Washington is to overwhelm me with calumnies and persuade by every possible means the president and you that I am extremely popular if not odious in Mis- souri. Messris. Edwards and Cook whose place of resi- dence exceeds not 2~y miles distance from St. Louis, and who, of course, must know something of my standing and character, public or private, are best qualified to inform 3'ou of the true state of things as they are no parties to the jealou.sievs and dissensions of the citizens of this state. I hope they will do so; if the President has received unfavorable impressions I hope he will be undeceived. I am, &c., J. B. C. L. N. B.— I further declare that all the lauds which I own in the states of Missouri and Illinois does not ex- ceed 1000 acres, and that I have no unconfirmed claims. St. Louis, Jany. 24, 1823. Hon. J. Q. Adams, Sir: — I should have made to you much sooner the present communication had I not been prevented by sickness, for there is an impending danger, although 70 tiie subject don't anno within your department, t am nevertlieless persuadiMJ lliat as a citizen y(»u are always (Icsiions to contribute by any means lo guard the gov- ernment from any imjjositions wliatever. I know per- fectlj' the department to whicli the subject of land claims belon^iS, but as I am well satisfied thm* the Spanish land claimants and the delegation of our state in rongress, which I might say are identified, will sup- port Mr. Crawford for President if they cannot carry Mr. Clay. The former is placed in a delicate situation might not be as an efficient check on the present occa-. sion as could be wished. Perhaps you may already be informed that the Spanish land claims in Missouri and Arkansas, which have been reported against by the former Board of Comniissionens, and by the Recorder of land titles, &c., are numerous and to a great amount that they are frivo- lous generally and most of them null ab initio. The interest and influence of the land claimants, which was originally great, has been much increased and enhirged by not a few transfers of claims in whole or in part, to persons of weight and influence in Missouri, Ken- tuck}', Tennessee, «&c. In fact, the influence of these land claimants has become such Lhat it is through them that Messrs. Benton and Scott have been elected to Congress. Mr. Barton is the only one that has a sub- stantial popularity and a standing based upon the public opinion. It is indubitable that Mr. Scott is himself a land claim- ant. He stated it so once in his electioneering hand bills. I know one «tf his claims in particular. Mr. Ben- ton was the counsel and agent of the land claimants before he was in the Senate. He drew their petitions, &c. Besides retaining fees, he had contingent one to 71 be paid in definite qnantities of land. Tlie statements and argnmenls whicli lie made and urged before the Senate on the land bill which he reported last year were the mere devices of a lawyer and entirely out of the character of a senator, Tlis private circumstances are desperate. He owes to every body and pays no one. After many promises and come off, he was sued on his return from Washington last year for the wine he had used at his table when he entertained the members of the legislature before his election to the Senate. He is found to be indebted to tlie Bank of Missouri for up- wards of 111,000. Scott is for |10,000, partly to the Bank of Missouri, partly to its branch at Sle. (Jenevieve. He was a noted puffer of the Missouri Bank until its failure. They owe more llian their property is worth, indeed, property commands hardly anything here. Benton and Scott have charged Messrs. Edward and Cook from Illinois with having used their influence with you to prevent drey, their man, from being appointed Judge of the District Court of the U. S. in Missouri. However you have lost nothing with them. You were objectionable to them at any time and under any cir- cumstance. They belong to that description of per- sons who seize every opportunity to bear down and abuse all eastern men without discrimination. They grant no truce nor peace to what they call a Yankee un- less he denationalize himscdf and adopt a course of which he would blush at in his native state. Mr. Benton must have been sorely affected when he was under the necessity of introducting last year to the Senate a bill on the Spanish land claims providing that these claims should be referred to the judiciary for decision. I am well satisfied that he had a radical objection to this clause of reference. I saw the bill as 72 it stood wlioii i'('])(>rto(l. T notic('(] in it a variety of sulxudiiijitc provisions calcuhitcd to circumvent and ovcr-rcacli, Tlicrc wa^s also a principle interpolated which is entirely foreij^n to Spanish laws and regula- tions and wonid infMllibly have tranimi»ily I saw after I hat the bill had I'eceived several aniendnicnls wiiich certainly were a»;ainst the will of Mr. Henlon. 1 am incdined to belie^(' that he would have voted aj^ainst the final passaj^e of the bill, was it not that he wanted to have the ajjpearance and name at home to have done sonu't liinii and i have no donbt but that lie su<»«ested to Mr. Scott to introduce material amend- ments to the bill before the committee to which the House of Kepresentativeis had referred it, and not urge its final jtassage in oitb'r to avoid a defeat. .Mr. Scott is eutiicly under the intiuence of Mr. Ben- ton. Il(^ is his echo. It ivs to be sui)posed that a bill more suitable to the land claimants will be reported this S(\s.sion, probably in the House of liepresentatives. They will endeavor to avoid a reference to a court of justice by any means whatever. They will watch the opportunity to take the house by surprise, probably towardsfi the end of the tses- sion. Not only a reference to the judiciary is absolutely necessary, but the judges ought to be untramelled, the mode of proceeding in court, the effect of decisions, ought to be perfectly the same as they are in ordinary cases between individuals. The bill introduced last year before the senate by Mr. Bentoii ua.s certainly over-reaching. No claims ought to be referred to courts but those actually en- tered on record with a due notice according to the sev- 73 oral arts of Conutoss passed from time to time on that subject. I am well satisfied that no regnhir Spanish registry was kept of Spanish conoessionis issued in that part of the province now included in Missouri and Ar- kansas for the bust six or seven ycvirs preceding the sur- render of the province by the Spanish goveinment, that the registry exhibited of concessions made . PiM'sidcnt of ilic V. S. Sir: — I. est ilic result ol llic lasl election in the state of .Missouri slicnld lead yon to erroneous conclusions, I have thoiiuhl it niij^ht be nsef'ul to snufiest to yon my «)\vn relh'cliiins on the sanu' ^subject. Premising' that .John Scott h;iil originally no weiuht ' latt(r e\cn after this one had de- nounced jind exposed him fi)V the vote he had uiven for ]iresident, l;ii: the ureatis! cause of Mr. Scott's failure was I hut his opponent was also friendly to your elec- tion, and is favorable to youi' administiation, as a more ellicient o]>ponent to Mr. I>enton to whom he has alwa.ys been hostile; ]»ossess l)ett( r abilities, is a better man- ager, «S:c., and I am well sMtislied that Mr. Benton would s.ione?' have wished to see Mr. Scott elected, had it not been lor I lie uttainment of the favorite object, to-wit, to sustain his repeated assertion that Mr. Scott's vote in your favor is rejtrobated by the people of Missouri, thus Mr. Benton's triumj^h is extremely limited. 1 < Many think it probable that the next legislature will be favorable to the re-election of Mr. Benton to the Senate. It has circulated through the state not less than 5tM)0 pamphlets containiug his speech on the gradu- ation of the prices of the public lauds. This is a most proper subject to excite the liveliest interest among the farmers. It has produced a considerable effect in his favor, however, the best informed and most inde- pendent pait (if the community are not gulled, they liold onr firmly against him; they daily exjxise the fallaciousuciss and impeachability of his schemes. The most s( lions cliarges Lave been bruught against him in three numbers under the signature of "a farmer". He and his friends have been repe:itedly challenged to deuA' them. They have remnim d muto. Mis character is prostrated, ^lany of his friends are staggering and apparently ashamed. He daily loses ground with that part of the community which is not immediately at- tached to a party. His adherents charge me with be- ing the author of those numbers. I have neither con- fessed nor denied it. 1 keep something more in reserve for him before the legislature proceed to the election of a senator. Had I, as many do. preferred popularity to principle and ofticial duties. I might have been easily elected to the Senate of the V. S. five years ago, and could be re- elected now, lm( having as a former land commissioner reported against many French and Spanish laud claims, having at the solicitation of the District Judge and tlu- District Attorney argued in behalf of the V. S. nearly two years ago an important Spanish land case, and thus vindicated the opinions which I had formerly given as land commissioner, having succeeded in obtaining a decree in that case in favor of the U. S. which is the 78 fiKst and makes a dreadful precedent having also ex- l)oise(l llie turpitude of Mr. Benton, I had both the friends of the latter and the land chiiniants with all their dependents to encounter as a candidate for the le«;islature at tin' hist (Section, notwithstandinj* all these I had a rcsjM'ctabh^ minority. Altlion<»h Mr. Kenton has represented tlie executive patronage to be so dangerous in its consequences as to justify tlic necessity to report several bills to curtail it. it happens, however, that he wields at pleasure the l)oiitical force of the otticers of the <2,eneral .government who are located amongst us, they all. except Judge Peck and Bate^s supported the ticket favorable to Ben- ton's re-election. The superintendent of Indian affairs did not vote at all but all his dependents were for Ben- ton's ticket and himself is entirely devoted to Benton. On his return from ^Vashin5iton last spring, he spread the report that Benton occupied the first rank in the Senate. That he was talked of as likely to become president in the course of time. This Wm. Clark has nothing to recoinmend him personally except his trip to the Pacific Ocean. He knew so little of his duty as Indian agent as to be publicly concerned in Indian trade, and was actually president of a Furr Company and trading up the .Missnuri in ISOS and ISOO whilst he was Indian agent. Ih^ also ke])t Indian goods for sale at liis store in St. Louis. It was him who had lai and 1814. lie caused a very large boat to be built which he manned with a large crew. -Many id' them had ^'20 pay p(r month. He took care to \\;\\v his nephew Ben O'Fallon with a boat following him as suttler. who swept all the money of the crew. He erected a fort at Prairie Duchien which was taken 79 b.v the British a few months after. The latter anuoyed (»nr force at the Kapids of Misc^issippi with the very same aitiUerv whifh they had taken from us at the Prairie Ducliien and no <»ue was benefited by that ex- pedition but (ienl. Clark liis nephew & Co. If I am correctly inforuKMl, the Indian agents have generally been api)ointed at the recommendation of Genl. rhu'k. Those offices are filled with his nephews, brothers-in-hiw, or other friends and dependents. They are mostly h)iterini> at home and are nearly ^sine cur(\ He stands in such relation with them that he cannot demiuiici' ilieiii wlien they lack (iT due attendance he is not a pio])( !• check. There is a great yield of hypo crisy practiced among the officers of the general gov- ernment here. They are the friends of general admin- istration in wortls. They are its enemies in deeds. It is understood here that Benjamin O'Fallon, who has not been at his post this great while, is going to re- sign his Indian agency. If so, permit me to suggest, that in my ()])iniou ^Ir. Clark's recommendation to fill tliat vacancy ought nol to be attended, and in doing so there would be a double benetit for the incumbent would not be de])en(leHt of Mr. Clark, uor would he ex- pect any indulgence from him. Messrs. Bates and Bar ton are among the few that may be safely depended, ui)on for information. There is, I believe, no state in the union where the inriuence of military uiiMi is more felt than in Missouri. Beside the otticers actually belonging to tlie army, we have a great nmny disbanded with their es])irit de corps in full vigor they amount to something considerable, relatively to (Uir thin population. They are all de- voted friends of Jackson and Benton. Tljey were all but one against me at the last election. It is impos- 80 sible for you to humor them by liborality or forboar- ancc. We have one of them, John OTaUon, nephew of Win. (lark, formerly aid de camp to Genl. Harrison. 11,. has accuutnlated wealth as sutler at the Couneil Khitr. lie has been succeeded by (leo. Kennerly. for- merly ortieer in the army, broth«M-indaw of Clark, sub- aoeiit, \'c. \\v is another creature of Benton, Jackson, &(•., he is niakinii iiiHch iiumey as sutler. I have from various cireumstances reason to suspect that there is a Hauitious <-ollusion practiced between the sutlers aiul the otheers. The goods are sahl to be fharo-ed to the officers at a very low price, whilst the soldiers have to pay very high. I am informed that whilst Mr. OTallon was sutler he was allow^ed to charge the soldiers twenty per cent more than usual on the price of mere handise. On his suggestion that he had .lost some goods by sinking of a boat on the Missouri. It is in consequence of such fraudulent practices and oppression that the discharged scddiers cry down the service in the army, prevent at all times and particu- larly in time of war the army from being recruited to the necessary number and with young men of good character. TImmv is another way of imposing ui)on the s^oldiers,— it is by allowing sutlers to sell on credit. The soldiers are not permitted to dispute the accounts of sutlers against them although they may be fraudu- lent. The officers never fail to to interfere in favor of the sutlers. It seems to me that sutlers ought to be admitted as other contractors an offering to sell on ,1„. .heMi.est terms in order to obviate the evils ansing frou. ih.' i.artiality of officers in favor of sutlers. All persons that held at any time a commission in the army ought to be dis(iualificHl from being sutlers. Perhaps 81 it would be expedient that sutlers should iiive securitv rhat they shall keep a proper assortment, &c. Among the various schemes made use of bv Mr. Benton during the canvass of the last general election, a petition has been circulated among the Spanish land claimants intended to be presented to a'Ou in order to induce you to recommend in yi)ur next message to Con- gress that the land claims be submitted to one or more commissioners to report thereon to Congress on the ground that it is oppressive to compel clainmnts to institute suits before the District Court of the U. S. for Missouri as is now provided by law. These claims have already been referred once to a Board of Commis- sioners whose report is lodged in the general land office. Another part of these claims have since been referred to the recorder of land titles at St. Louis. The laud claimants have already been dealt with most liberally. They have had great yield, — more land than confirmed than could be justified by the French and Spanish laws under which their claims originated. There is no way of getting rid of the claims which remain unconfirmed but by judicial adjudications or by confirming them all at once. The quantity for which suits are now insti- tuted before the District Court is not less than a million of arpens of choice land. If all of it was given away, all the expense which government has been at to have a discrimination made of the legal claims from the illegal ones, would be lost. Fraud and perjiiry would receive a high premium, and Mr. Benton who has acted in the capacity of their agent at Washington at the same time that he sat as a senator, would have ther(d)y a large fortune secure, whilst I who have sacrificed popu- larity, peace and all social comfort for more than twenty 82 years, to my sense of duty to the U. S. would be the lauiiliinii stock and scorn of all. That VMu may have somethino- more than my word to satisfy you that I have used my earnest endeavors to defend the iiilcrcst of the U. S. as land commissioner, I here enclose a letter of Mr. (hillatin to me. ackiiowl- edi»inj>" it. I also eiichtse a pamphlet containinji; th(^ sub- stance of an argument which T have delivered before the District (Nmrt of the U. S. My ajxjlojiy for addressinj* you thit< letter is that it I'elale.s to a subject whici) concerns you personally and is somewhat connected with other matters thonoli of a ])ublic nature, which I wish to communicate to you con- fidentially. I have the honor to be, sir, &c.. February 2d, 1820. James Alcorn, Sir: — The paper here enclosed, viz: answer in Missouri (lazette to writer from Carondelet. Suggest him to a])i)ly to have answer published in National Intelligen- cer. Assurance thai everything will be done here by publications or otliej* j)ossible means. Evei-y one here believes tliat Mackay is the author of th« letter. Land of Missouri offered for sale at door of Congress. Some other thing than money is looked for payment. 2d May, 1825. (Certificate in favor (vf James H. Adrian.) Having heeii acijiiainted with Mr, James H, Adrian of St. Chailes County from his tender age, and also hav- ing for these last 15 years seen and heard of him occa- isionally, I seize with pleasure this opportunity of stat- 83 ing that I believe him to be an active and enterprizing man who has been particularly useful during last war in a military capacity and as a woodsman on the fron- tiers, and that he is well qualified from his discretion, judgment and experience to discharge the duties of Indian agent or fill any other situation connected with Indian affairs. J. B. C. L. St. Loui«, 3d March, 1824. D. Barton, Senate, Sir: — Your favor of the 28th Jany. last, enclosing a bill, &c. was duly received. Owing to indisposition, X was unable to write to you on the subject to which it refers, by the mail preceding this. My opinion upon this bill or any other public subject is of little weight or importance at any time, and still less so when the Senate of IT. S. have provided upon it. I think with yon that the U. S. are not bound to enter their courts as a party against the Spanish land claim- ants. There are however two considerations that would have induced me to prefer the adjudicating of claims. The 1st is because the interest of the IT. S. would be more safe in a court of law. The 2nd because the claim- ants being in a manner strangers and claim inir under a right which had originated under their former sovereign and having become dependent of the U. S. without their previous consent, there has been by the transfer a kind of violence committed upon their rights, agree- able to our own tlieories and principles concerning the rights of men, which Ave ought to endeavor ,to attone for by treating their, if possible, claims to land rights with a greater respect and tenderness tlian those of the ancient citizens, bv makinii the U. S. descend on a level 84 with them as parties in a court of justice and thus leav- ing- tlieiii not even a shadow of reason to coniphiin in the cases wliere their chiinis may be dechired illegal or otherwise insufficient. I make no doubt but that you believe that their complaints in case their claims were rejected by a recorder, however unfounded, would or iiiiiiht bear a color of durcfj^s which it would not have had they been rejected by adjudication. The bill or project of Mr. Benton was in my opinion (piite objectionable. The provision that you have in- troduced in the 3d Sect, was very necessary and is a corrective nuuh beneficent, I should wonder that such an amd't could have been resisted by Mr. Benton, knowing as he perfectly does that the country is greatly sutt'eriug from the chasm and disconnection of settle- ments produced by numbers of immense tracts thus claimed and remaining in a state of wilderness and not bearing a due proportion t)f tax, having also under his own eyes a memorial of the legislature of Missouri which he has presented to the Senate during the session preceding this and which states fully the grievances resulting from these claims remaining so long unde- cided, and prays that provision be made by law to have them brought before a competent tribunal in order that they be finally decidees under which the Spanish goyernmeut distributed land to its colonists, I am perfectly satisfied that Congress has been very liberal under every r«'isi)e(t in iis leoishition and that all claims that were either legal or equitable or possessed any merit liowever remote, have been satis- fied and confirmed except a very few indeed which have been the subject of a special report as containing lead mines or salt springs. Had Congresis provided for these few < laims either by exchange of an equal quantity of land not containing lead minesi or salt springs, or by confirmation complete justice would have been done, but things have taken another course, and a most ample provision has been made by an act of the 12th of April, 1814, in favor of a description of claims which possess no kind of merit in law or equity, and in doing" this Congress has departed from the cardinal points upon which the best rights of U. S. to the na- tional domains in the former province of Louisiana turns, and from its aberralions the laud claimants thus favored have received a new encouragement to press and urge the confirmation of the residue of their claims, not failing at the same time to argue a pari with some plausibility or speciousuess. 88 Your parliamentary experience lias no doubt lonjjj before now enabled yoii, sir, to notice that whilst one or two of the most prominent subjects of legislation seem to absorb at every session the attention of all the members of Couiiress to such a de<;r their oars and never will press their bills upon Hie house but when the.v will believe that the alarm has subsided or when they will find the house so thin and so eompoised as to aft'oid fair hopes of success. Congress, in its seveial acts of lerinii wediic, and by ext(Midinn its aberra- tions and (hM'idiction (»f i)rinciple to another (h'scriptiou of claims \vlii( h it had not embraced in order to obtain by degrees, that whicli tlicy would be afraid or av^liamed to ask at once. The act of the 12th of April, 1814, is the prototype of their favorite bill reported Feby. 10, 1818, witli this additional evil that tliis last bill provides f(U' the open- ing of an ottice (d' record, in order to enable, I j)resume, the old (laimants more than any body else, to make new entries of claims and al^o to autluuize tlieni to file de nooo in the new ollice any claim which may have been disallowi <1 by the former Board of Commissioners and whose ])roof they may consider incomplete and insnflicicnt. tliat they may have another opportunity of improving upon the ttstimony, which is so muidi the more dangerous as the tiNtinionv will be taken ex ])arte, the bill not providing for the appointment of an agent to app<'ai' in behalf of ili<' l'. S. and as froui j»ast ex- ]K'ricnce niaiiv wituess(\v have ( viuced a great docility and disposition to accommodate the land claimants. Let it be observed that nothing is nntre dangerous than to open an ottici' for new claims, csjx'cially when the date of the treaty of St. lldefonso is abandoneiiiioii that those same. (dainis oiiiiht not to be confirnied, and the (d;iiniants contend lliat tlicy oiiiiht. th(^ niattci- oii^ht to he re- leired to courts of justice, as rh(^ only const it ntion;il tri- hunal to decide upon controversies. Th(M-e is a mass of fraud in the "ireater number of tliose (iainis wliich tlie eommissioner.s have not very earnestlv en(h'a\(ti-ed to iiniavel or exiiose, hecaUv^e, al- rhoujih the hnv under which they acted auiliori/.ed tliem to compel tile attendance of witnesses, nevertheless there was a huneness in tlieir poAAer, as they had no ministerial otticer to enforce their ])rocess, and more than (Mice tlie witnesses refused to answer to proper (juestions, especially some of the old Spanish officers. The commissioners were induced also not to insist on that power, because almost all their claims were other- wise ilU'iLial and unavailinii. Takinii- them all toucther they present a foiniid;ible aspect, from their number and the (piantity of land w liicdi they call for; it matters of no less than se\'eral millions of dollars worth of (lioice land of the territory, but in truth it is nothin;j, more than a i;reat superstructure without a basis. llaviiiu as ;i land coniniissioncr b«'en perhaps the least favorable to land (daimants. of course I have be come the most odious to them. This dislike has iu- cHMsed fr(Mn the disappoint^ment of the iii*eat<'r pait of tlieiii. w ho ;ire (d' I'^reiudi oriuiii and who, cd" course, e.\- pecte(i iiioK kindnesN from nie than from tlie other com- missioners. Many of tlR\se ^ciod people who act, mostly, with honor amouj^st themselves, seldom or perhaps 95 never have acted ever honestly with their sovereign. It 8eems that they cannot reconcile with the idea that, with me, the interests of the U. S. should not give way to theirs. As a specimen of the course I have pursued as land commissioner, I beg leave to refer 3'ou to the report of Mr. (iahitiu to the President of the V. S. upon Deber- que's (laim wliich is contained in the Sith, 85th and 80th pages of th(^ appendix to the Land Laws, being a compilation made, as I believe, under the direction of Ml-. (Jalatin. Without being \\ illing to deviate from the independ- ent course which 1 have taken with reispect to them all, whethei- they be American or French, nevertheless 1 don't wisii to irritate them anew. I therefore request 3'ou, sir, to make such a use of my communication as you may think best, without mentioning my name. Of one thing yendeut of (Jenl. (Mark and expects nothinj>; from him. Of ctnirse, he would be under the necessity to be alwa,ys at his i)ost and would be kej)t under proper checks which is not the case with certain other Indian agents who are tlie favorites of Oenl. f'lark and are suffered to loiter at home, receivinjii salaries which they d»m't earn, not even in part. Mr. Ueed is from Virginia, is married at St. Louis in an ancient and respectable family of the former Spanish inhabitants. ITis appointment would be a considerable iiratilicatiou to this description of persons, who are very f;ir froui luniuu luhl tlu'ir due proportion of the favors and kiue to one of their creatures. Having been for more than 15 years a judge of the territory of Mii>souri and being the senior judge iu com- mission, I think that my pretensions to the office of Dis- trict Judge are reasonable. I request you to accjuaint tlie President witlt this declaration. Messrs. Edwards and Cook from the Illinoiis who reside within 20 miles of IJ^t, Louis are proper persons to inform you of my standing, public or private in Missouri. Respectfully yours, J. B. C. L. December 14, 1823. Wm. H. Crawford, It being probable that the office of surveyor which Wm. Rector holds will be vacant some time during the present session of congress I beg leave to mention the name of Col. Justus Post as a person fit in my opinion to fill that office. Mr. Jones, former Sey. of the navy made a particular en(|uiry of him to me when I was at P'hia 5 years ago. He spoke very favorably of him. He was employed lately by the state of Illinois to ascer- tain the practicability and means of making a canal from the Lake Michigan to Chicago. As an engineer I doubt not of his qualifications, etc. (Way mail letter.) Jany. 27, 1824. Wm. H. Crawford, Sir: — There is a number of i)ersons that have lately taken their departure from this part of the country for 108 Washington iiiidcr one pretext or another. The real motive of sexeral of tJHMi! is to liiiiit for offices. Mr. McNear is certainly one of thciii and most ])rol)ably Thois. Kedclick is anoMicr. Thcv arc holh inscdvent. McXcnr is a man of lilllc or no inform.il ion, jtiKSsessed of tlje manners and a(hlress snilahh' to gain [)oi)nhn'it_v on a frontier ,iiu\ no where else. He was nolorionsiy a bnlly on tlu^ side of tlie federalists at the (dectioms in I'a. in file veiy same disii-ici which I formerly repre- sented in Congrevss, .Mr. Lowrie might have heard of him. Mr. Faridly mnst certainly know something of it. Keddick has gone for these 15 years throngh the vicissi- tudes of an intriguing man, who never had any capital of his own, bnt succeeded in obtaining credit for merch- andize, etc., gave but little or no attendance to busi- ness, spent his time in i>leasure and gambling, and at last was made president of the Bank of Missouri when this establishment became so situated that no man who valued credit and character could be found to be put at the head of that institution. Mi-. Keddick is plausible and possesses an appearance of anhtr throngh which he has some time uained an nnmerited contidence. I'nini circnmstancev^ and rei»orts I am induced !(t be- lieve that bargains and compromiises have been made lately liere in consider;il ion of which these visitors to ^^'ashington have obtained recouimendations. If Col. St rot her uho is now canclidate fur Congress is elected there will be a vacancy of icccivt r wlii* h might be very acceptable to some one. An insolvent man. however, is very ill suited to that office. It is expected licic that an office of Indian agent for .sonu' i>artis of Misisouri or jMississippi adjacent to us will be created this year. If so, McXear will not fail to be an applicant for it. It is probably superfluous to men- lOi) tion that there is much duplicity used by some of our representatives at Waishini'ton. If I am rightjy in- formed they have a tale aud pursue a certain course suitable to the meridian of Washiniiton aud another for this country. Perhaps you don't know that Mr, Benton has a lien on the press of the editor of the St. Louis En- quirer which must secure him nearly as much influence over the Eny of w hicii is contained in t lie docn- uients accompauyiuii the messajic of the president it will be seen that Mr. Ashley had purchased or traded with the Indians for forty or fifty hoiseis a liMh' before they made an attack ni»oM his party. It a})pears from tile same documents that lie haerintendent, ^K:c., which is a part of the same documents, also shows that Major ()'I<"'allon :jn Indian agent, knows nothing about the laws regnlaiing intercourse with the Indians, as he supposes that (Jenl. Ashley and Major Henry have ob- tained licenses to trade, trap and hunt on the upper 111 • Missouri. It sliows also that the law regulating inter course is a dead letter on upper Missouri. This ^A•ouUt well justify an enquiry into the subject of Indian affairs. For my part I am well satisfied that so long as licen»ses will be granted to tiade with the remote Indians as has been ])i(tvided by a subsequent act, the practice of hunting and trapping by the whites will continue, pil- lage and hostilities by way of retaliation on the part of the Indians will also continue. If the British have the good will of the Indians up the Missouii and the prefei-encc upon us is trade, it is because they cany it fairly. Tliey leave to the Indians exclusively the benefits of hunting and trap ping, and the business of rraV('(l ill rciui. ii is juobablc lliat louu before this tiiiH' 1 should have ac<|uired a standing which would justilv my ju-etonsious to a higher situation than this, but as it is 1 hope you will be i>leavsed to take into con- i!hi(e t at St. Louis, to have tiieir cawes continued but they c(»nld not sncceed in conseciuence (»r winch sooner tlian to come to a trial they hav(^ dismi.^stMl all 1 iieir suits but one at St. (lenevieve, and t he other at St. Louis. This a plii^ht and discomtiture wiiich speaks a volume against the le|iiality of th(KSe claims. In tlnus runninii, away from th<' court authorized to decide the land claims ui>on the broad jninci]»les of justice and ((piity conformably to the laws and usages of the re- s|)ective lioveiiimeiits under which those claims orition oth thes<* bills are on the tiles of the house of representatives. Mr. Scott has taken good care not to call them up. No doubt but Mr. Scott, who is a laud claimant, act in con- cert with Mr. Benton who was agent and counsel of land claimants before he had a seat in the Senate, and who owes his seat chietly to the intrigues of the land claimants. Both of them dread nothing more than a referrence to the judiciary, and they will use every possible endeavor to procure the final passage of the bill for the referrence to the recorder where land claimants may proceed ex- parte. Should they .succeed the proceedings of the former board which was composed of three commission- ers will be revised, enlarged by the recorder alone, or rather, the same thing will be done over again by a single officer, and with less safety. Messrs. Lowndes and others well versed with the subject were of the o])inion that the claims against w hich the commission- ers had reported should be referred to a court of law. This opinion was i>revailing when two bills were re- |i()il(d in the respective houses adopting that prin('ii)le. The same reason exists as did then. The memorial of the legislature demands it in concurrence with the in- terest Qf the U. S. 125 You have it in your power to advise and alarm your friends in tlie liouse of representatives and make them a^are of the dangerous tendency of the bill referring the claims to tlie recorder. With respect, January 21st, 1824. Geo. Graham, Sir: — Permit me to introduce to you Col. Justus Post of Misst)uri. Mr. Post is settled since seven or eight years nvwv St. Louis. I hav<^ the ])leasure since nearly that time to h«* acquainted with him. He has been empU)yed last fall as an engineer under the authority of the state of Illinois to ascertain the practicability of making a canal from Lake Michigan to the Mississippi by the Illinois Kiver, &c. Of course he is able to give very interesting and minute information relative to this important subject. As from recent transactions it is considered here as probable that the office of surveyor of the U. S. for Illinois, Missouri and Arkansas will be- come vacant perhaps before the adjournment of Ton- gress, 1 have taken the liberty to recommend Mr. Post to the Scy. of the Treasury as a person ])erfectly quali- fied to fill- that office. I beg leave to request your sup- port in his favor if you have not taken any engagement to recomuieud any other person. Respectfully yours, etc., The foreaoinu delivered to Col. Post. August 4, 1824. Gk Graham, Sir: — Having leanuHl that Mr. Fred Bates has re- signed or is about resigning the office of Kecoi-der of Laud Titles for the state of Missouri, permit me to 12(> recommend to your attention Tlieodore PTnnt of the couuty of St. Louis, and solicit your support in his favor for that ofllcc. 1 believe him fully (lualitied to dis- ('har^<' tlic (lnli«'vS lliercdf. The wife of Mi*. Hunt is my dau^ldor. He is, at this time, out of business, and 1 am very anxious of seeing liim doing something. I am. &r., J. B. C. L. Wm. H. Crawford, (Same tenor as the preceding.) Augiivst 4, 1824. August 4, 1824. '& James Monroe, (Same tenor with this addition.) This extreme anxiety will, 1 hope, excuse me with you for this direct application. I assure you that it never shall be repeated on any other occasion. Respectfully, &c., Wm. Lucas, (Letter to, by Col. Fairis, Newport, about 12th No- vember.) St. L.uiis. December 7th, 1824. Geo. Graham, Sir: — Having been reciuosicd by the attorney of the V. S. for the (lislrict of Missouii. and also by tin* judge of I lie same district to take part in the arguments on the 1st case brought before that court under the act of Congress proxidiug for the trial of the Spanish and 127 French land claims within the bounds of the state of Missouri; as tliese .aeutlemen expected, I presume, tliat from the opportunities I have had as one of the former hind commissioners to understand the principles gov- erning those claims I niiglit throw some light upon a subject as yet but little known and unexplored by the Bar and the Bench. I have consented to undertake that arduous task in consequence of which I liave argued the case at full length upon a demurrer. Tlie counsel of the claimants have read in court out of a manuscript, what they term to be the 81«t art. of an ordinance of the Inteiidants of New Spain, and some other extracts from other art. of the same ordinance which Mr. T. H. Benton, one of the counsel of the laud claimants has stated to have been translated from a Spanish book found in the office of the Secy, of State. If the book could not be obtained, at least the ordinance ought not to have been copied off partially. There is eA'ery reason to suspect that a cutting has taken place to suit only the purposes of the land claimants. In my opinion the interest of the U. S. and of individuals who have adverse claims urgently requires that the Spanish book ineiHioued by Mr. Benton should be trans- mitted to the attitrncy of the U. S. for Missouri or to myself, and il it is not practicable, at any rate the whole ordinance which contains that 81st act ought to be transmitted both in S])anish and translated, duly cer- titied, together with a statement of the title of the book from which it is taken. It is also not less necessary to procure the 4th book of the collection of the laws of Spain, and if not a cer- tified copy of the law 15, title 12tli, contained in the same book. The regulations of Count O'Keillv of the 128 18 Februar}', 1770 relative to the distribution of l:iii!()()0 and in virtue of the transfer made by the bank to the U. S. of its right and credits is actually indebted to the U. S. for that sum. A merch- ant of rhihulelphia nained Counsier transmitted him some years ago, a note or two for collection for about 12000. After a reasonable time had elapsed the merch- ant wi'ote him resjiectively and never had any answer. At last an agent of his came to St. Louis about two years ago. ^Ir. B. was not there. The agent found that a judgment had been obtained by Mr. B. but there was no satisfaction entere hich I have of this kind. 1 bought it at the sheriff's sale. I am. Respectfully, &c., Ma\ 23, 1827. Geo. Graham, Sir: — Believing that my letter to you of Aug. 21st, 1825, enclosing a patent certificate has come safe to your hand, I expected long since to receive a i>atent in 133 consequence of the same, I have heard, however, that a caveat or notice against issiiiuji siicli a patent has been entered in your office by the heirs of James Makay, deceased, as they chiim the land to which the said cer- tificate relates in pursuance of a concession alleged to have been issued under tlie Spanish government. It may be observed that no notice was tiled at any time of that claim in tlie office of recorder of kind titles under the various acts of Congress providing for the same. That no survey appears of record nor ever was made in pursuance of that concession, and if the location of Baptiste La Fleur in whose name a patent certificate has issued under the authority of an act of Congress for the relief of the inhabitants of th(- late county of New ^Madrid had not been made the same land would have been sold or at least offered for sale along with the pub- lic lands situate in the same parts of the state, and at all events, should the representatives of James Makay, the original grantee, be able to establish the legality of their claims, they would be entitled under the act enabling the claimants to land in pursuance of conces- sion or grant derived from the French or Spanish gov- ernments to try the validity of their titles, &c., an equi- valent out of the unapi)ropriated lands of the U. S. if the land which they claimed has been previously dis- posed of, so the caveat which they have entered con- sidering this and also their latches and neglect is at best vexatious and oppressive. But, sir, inde|)endent of these considerations, permit me to submit that the powers and duties which the act for the relief of the inhabitants of the late county of New Madrid, &c., con- fer or imposes upon the commissioner of the general land office are merely ministerial. That under the 3d sect, of the said act "a certificate issued by the recorder 134 of land titles in favor of a party boini; transmitted to the commissioner of the general land office shall entitle the party to a patent to be iissued in the like manner as provided by law for other pnblic lands." I see nothing that can qualify the obligation the com- missioner is under to issue the patent demanded but tliesc: "as the same section makes it the duty of the recorder of land titles to transmit a report of the claims allowc^l and locations made under this act to the com- missioner of the general land office." It is self-evident that if such a report has not been made of the proceed- iugs of the recorder, or if made, such proceedings pre sent on their face any sub.stantial departure or omission of what the law prescribes the recorder to do or even any material discrepancy between these proceedings and the patent certificate, then, and only then. Baptist Lafleur or his representatives are not entitled to a patent. If there is such a defect I hope you will be so good as to let me know it with as little delay as possible. If there is not, I renew my application to you for a patent to which the laws "entities'' me. Could a caveat predicated only on the suggestion of an adverse claim prevent the issuing of a patent, there might be a pre- vention ad finitum for nothing is more easy than to suggest again and again a clash or interference. It is reported here that you are sustained in re- fusing patents in such cases by the opinion of the ai- torney lieneral. Sir, permit me to remark that pro- vided the recorder of land titles has transmitted to your office a report of the claims allowed and locations made under this act, and provided also the patent certificate in favor of H;'>])tiste Lafieur present no discrepancy or variance from the same report, the patent certificate is the entire and complete evidence which entitles a party 135 to a patent in either case the ministerial course of the commissioner is so plainly marked out that it is unac- countable to me that the attorney jicneral should have been consulted. He mij>ht possibly have suggested a better project of a law if he had been consulted before this one was passed, but there is no reason or argument however strong that can do away or suspend the pro- vision of a law and particularly when it partakes with the character of contract and entitles a party to a patent. However, should you persevere in refusing a patent, I then request you to send me back the patent certifi- cate without delay as I shall be under the necessity to make an exhibit of it at a trial wiiich is to take place at the next term of the District Court of the U. S. com- mencing at St. Louis on tlie 3rd Monday of June next. St. Louis, June 25, 1827. Geo. Graham, Sir: — By the enclosed certificate it will appear to you that the only obstacle which I suppose existed in your mind to the issuing of a patent upon a patent certificate of the recorder of land titles, &c., in fav(U' of Baptist Lefleur is removed there is no more case subjudice. If you have yet the certificate in your possession, I hope you will be so good as to have the patent issued as soon as you conveniently can. If you have transmitted it to me as T eventually requested you to do it by my letter of the 23d ulto. I shall send it to you back again as soon as received. Mangre all the airs of confidence, T. H. Benton and other agents of the land claimants in Missouri had put on, they have shrunk when they have been brought 136 to a crisis; tlipy have preforrod dismissin*^ all their suits, ISl in imnibcr, iK'iHlin(';iks ;i voliiiuc against those clainu^. It justifies the decisions and opinions whicli I hav<- formerly ^iven on those chiinis as land eoniniissioner, and the ar«>unienfs wliicli I have ur^ed two or three years ago before the Dislriet Court sitting at St. Louis, wIk'u th«^ jiKliie and the district attorn(\y requested nie to speak upon a certain case embracing geneial jtrinci- ples. It operates as a virtual acknowledgment that I have b«'en ciuelly slandered and i)ersecuted during 20 years for having discharged public duties with correct- ness and tidelity. Respectfully, &c., St. Louis, Jany. 24, 1828. J. R. Hayden, Sir: — I have received your favors of the 8tli December, 1S2T, with the enclosure. T have delayed until now sending you the papei-s here enclosed, exi)ecting a pri- vate opportunity. Lest, however, you should be pre- vented to institute your wuit before the next term of coui't, r have at last determined to forward them by mail, to-wit: Deed of (}uit Claim (»f James Tanner, dated lS2(i, for 500 arpeiis originally owne; which gave occasion to it. I have found on the back of a certain bond under the hand and seal of C. Lucas, the following: "Received this 12th day of November, 1810, |100 in full of all considerations for the within bond, one-half 112 beiujj; paid b,v John B. C. Lucas and Theodore Hunt as executors of the estate of the late Charh's Lucas, and tlie other half paid 1)3' Theodore Hunt as witness my hand and seal the da^^ and date above written. (Signed) ISAAC' J»ATTEKSON. Witness W. M. LUCAS." N. B. — This receii)t is in your han-l writinji. I n^-ol- lect also that you advised the propriety of taking- such a course with respect to Pattenson. You know also that the money due to Patterson by the estate of ('. Lucas was not actually \rAu\ as mentioned in the re- ceipt. Two notes were drawn by yom-isclf each for one hundred dollars, in favor of Isaac Patterson, which were sijiued and sealed by both of us. One of those notes dated 12th of November, 1819, was presented to me on the 26th of February, 1820, I paid it then. Nothing is more clear than that each of us assumeoes. haviui;" also examined the in- ventory sijiued by you and myself which is filed in the clerk's office, this inventory bcinn jiartinlly made, ow- ini*. I presuuK'. to want of due time before my journey to W ashiniiton in December, 1817, 1 think it necessary to file before ihe settinu of the court, an additional in- ventory, full and complete. 1 therefore beg leave to name to you Friday next to have the same signed and tiled. I have at home the memorandum or list of all the items. If you have any objection to meet at my house, any other [)lace will suit me that you will be pleased to designate. I expect from you the favor of an answer as soon as convenient, sir. I am, Yours, J. B. C. L. 144 St. Louis, April 7, 1822. Theodore Hunt, ('a])t. Jos. r. Brown has hitely informed nic that owiiii; td tlir iiitcrfci'ciicc of a prc-nnption r'l^hi chiiincd by Matlicw Kcir with the New Madrid hx-atioii for (140 acres behui^ini; to the estate of tlic hitc ('. Lucas ad- joininji' th«' Iniid claiincd iiiuhi SwainV settlement. Voiii' nic of o|»iiiioii tliaf the survey be altered so as to add to tlic .Miidrid location out of the land claimed under Swain's the s.-iine (pianlity which intei-feres with Kerr's claim. I beg- lea\'e to propose to 3'ou two other modes of dis- posinii' of the location, the first is to remove the location entirely, iu which case I am perfectly sa tithed from the information I have ol)t;iiued during my late journey up the Missouri and on Salt Kivei*. There is an abundance of the very best land well timbered and watered re- linquished under the law jirantin^- relief to purchasers of public lands w iiiiiu seven or eiiiht miles from Frank- lin and up the Missisfinion has passed thritugh the Senate by inadvertence or surprise and con- 153 trary to the wishes of the legislature of Missouri. Let me add that a great majority of the memberfc> of the legislature of Missouri are poor pensous who hold their lamls by iirc-emption. They of course, have feeliugs and interests quite at variance with those of Mr. B. Among other things they will not thank him particu- \ar\y for that clause of tlie bill. Second, what claims in his opinion (the recorder) are now entitled to the indul- gent considmation of the government of tlie U. S. Sir, I can asvsure you that there are many actual settlers on those large claims of land who did not know of the existence of those claims, much less of their extent, when they first made their settlements. They have fought and bled during the last war in defense of their homes and of the frontier of the state. They have gone through all the hardships and difficulties of open- ing farms in wilderness. Some of them have made very valuable improvements. They mostly have large famili(\s of children. Now, sir, if the land they are settled upon prove to be public laud, they are entitled to a right of pre-emption and they are safe. If not their situation becomes desperate. Congress cannot be indulgent towards the Spanish land claimants, without being unjust, nay, cruel with respect to the actual settlers. Take also into consideration that the Spanish land claimants are to be indulgently dealt with for thousands of acres of land, for which they never have nor will pay a farthing in money or labor, whilst the actual settler claim of right one quarter section or two at the usual price fixed by law. The bill is also very deficient in as much as the refer- ence is made to the recorder alone. This is confiding too much in one man. Not less than two commissioners ought to be added. Congress has given away more 154 than 500,000 acres of land by confirming the opinions of the recorder of land titles for Missouri reportees of the ai)peudix to the Land Laws, and to tlie Secy, of the Treasury aud tlu' couimissiouer of the jieneral land othce. If you IxM'oine satisfied ;liiU I ;iui as st riMUote e(]uity or justice which any (d" theii- claims may possess oun'ht to be attended to with parental tenderness. The I'nited States are bound by every tie not to leave them any rea- sonable cause t(» re«;ret their former sovereigns, and the change of their former condition. 1 am, Respectfully, «&c., 15!> December 21, 1821. Walter Lowrie, Sir: — I have delayed much longer than I first intended in presenting to your view the many defects of the Spanish claims to land in the state of Missouri, which remain unconfirmed. Permit me now to observe you. that by the 4th sec- tion of an act of Congress of the 3d of March, 1807, the board of coiiiiiiisNioners for adjusting the claims to land, ^i., of \\ liicli I \v;is (tne, was iiutliorized to confirm all claims to laud not exceedinu llic (lunntity contained in a leagtie sfpmrc, ac( ordiug to the laws and usages of the r«^spectiv(' govcinuicnts, Fr(>uch or Spanish, under which they ha subject. Messrs. Barton and Benton \\ill not be less active in the Senate. Benton, specially, will be strenuous and indefatigable. Notwithstanding the great efforts and interest which the land claimants have made to procure his ^lection, nevertheless he gained it by the majority of one only. He has been heretofore the counsel and agent of the land claimants. 1 am credibly informed that his-; fees are contingent to the confirmation of the S])anish land claims; moreover, his pecuniary circumstances are des- perate. He is one of those directors of the Bank of .Miss(turi. who, without c<'rir)0,000 He is (he one. who since the failure of that bank lias bought Missouri Bank Notes at 50 per cent of discount, and thus unblushiugly profits by pub- lic distress and calamity. He is the very man who has 101 swindled Charles Lucas one of mx sons, out of his life. It will be found on enquiry, that in North Carolina, where he is born, in Tennessee where he did reside for a long- time, all is of a piece with his directorship and other incidents of his life in Missouri. When the question of authorizing;- the people of the territory of Missouri to form themselves into a state was agitated in Congress, he sat no bounds to his abuse and revilings against the members who were in favor of a clause restricting or inhibiting slavery. He filled AA'ith the names of the leading members from the north a list of proscription, which he published in the St. Louis Enquirer. I have on file the number that con- tains it. He was then the proprietor and editor of that paper. Being fully persuaded that the Spanish land claim- ants have no kind of right in law or equity, and that all their hopes of success lies in their unremitting in- trigue in the extension of their interest by making transfers of part of their large claims to influential per- sons, perhaps to some members of Congress, and lastly in their watchfulness to seize the opportunity of a thin house towards the end of the session, to obtain their end. I beg leave to suggest that the safe and constitutional way to put their claims at an end is to provide by law that they shall present their claims within a given time before a judicial tribunal for a trial. This is the only place where plausible tales, pitiful stories and ex parte evidence will not find admission and will be of no avail. Let me add that many of those claims are antidated, but as they were not duly registered and were de- ficient under other respects, the commissioners thought it unnecessary to go to the trouble to enquire particu- 162 larly iuto the fraud, and have proof thereof adduced. It iiiny be ]>i'(»per to observe that there is au essential (lilTcreiicc between (hevstate of the hmd ehiims in lo\v«'i- and n])|>ei* Louisiana, now ^lissouri, and the reason of it is (luitr obvious; in ;is much as the inhabitants of lower Louisiana wci'c ncneiallv i»lanters and a.nrieul- turisls, whilst I lie chief pursuit of the ancient inhabi- tant's of ui»|)ei' Louisiana, now Missouri, was boating, huntinn, trapping and trading with the Indians. These laist sat little or no value upon land except when they hearui;ht me a chair, he t(dd the fate of his case with Mde. Chevalier before Jud<»e Pettibone, and the de- sertion of Benton has opened his eyes. \\'arner tells me that he declared on the other day in pi-escnc*' of Ciamble and Lawyer Peck, that if 1 was candidate for Con<;ress, I should have his support in preference to any. They both orave me an apparent approbation. Mr. Strother wishes me to ride this s])rin|Li the circuit with him, he says that it is absolutely nec(^ssary that the people should sec me. Strother told uie that he expected the French would vote for me; as he supi»os(Ml I would sn]>port such of their claims as are equitable. Posse- mn is very warm in my favor, lie says that I shall have a very ureat support from the French and Americniis in St. Louis; that the merchants and grocers will iicuerally be for me. Mr. Strother told me that he heard Dr. Strother say that if Scott is not candidate, he 169 will give me his support. Jeremiah Connor was then present. La Croze says that he is satisfied from all he hears and overhears, there is a .great change in the public opinion in my favor, Didie says that he is sure the Aiigt. Chouteau will support me, and that as for himself h<^ will, contrary to his fcunner resolution, be ats active as possible for me. Nothwithistanding all these I continue to declare that 1 am not a candidate. Cook, of Madisson is an<»ther candidate for Congress. I desiie you to appear prettj- indifferent about the candidates. This is the way to render you acceptable to all persons, and there is a clear benefit in such a course both for the purpose of society and practice in your profession. Be forbearing and indulgent to others; use severity only towards yourself. You may derive now a great advantage from your experience by applying it to your present situation, which may be termed a new moral existence if through some confiden- tial friends oi- other indirect means you could know or learn something of my standing and that of Scott in Boon county or Moutgomei*y. I hope you will inform me of it as soon as possible. If 3'ou were asked if 1 ishall be a candidate for congress, say that it may or may not be, but you know not. The piece which I forwarded to the eidtors of the National Intelligencer has been published in their paper of the 11th of December. I have some intention to take a ride through the state early in the spring. 1 have rented the stone house to Lawyer Cozens for 10 dollars per nnmth. The books will be put at auction in a week from these. Adrian ex- pects to be able to send you in about two weeks those that he will buy for you. Money is more scarce than ever. One dollar in specie commands two in loan office paper. The Illinois bank 170 Dotes are not so depreciated. DIevores tells nie that I stand fair in St. (Muirles County, and have a good rhanee to hav«' a majority in niy favor for Congress. Mr. Barton has written nn^ a vns ollice of receiver, next fall iioe.s to W'asliiiintoii. invites nic ubiicaii. (Jallatin exi»ected fr<»in Fi'aiK-e next fall. His family remains in I'^'raiice, The object of his joiiriiey uiitlerstood to be to use intliienc<' in rallyiuii republicans in favor of republican canproaohini»' dissolu- lioii of yiv. Read alTccis iiic niodnatcly. I am familiar with such events. Look with indifference on my turn. Sole ai»prel!ension is to outlive. Keasonable strength of mind and body. Farrar carnal J)r. Mason. Fined 130. December 5th, 1824. (Substance.) Wm. Lucas, Keceived two letters from you, one Nov. 4th, the other Nov. ITth. Success in your ])rofessi(ui make me very happy. Adrian incurable. Lleard of many of his in- discretions at St. Louis since departure. Your house vacant. By Gamble's appointment, liates will take it under (Jamble. Xotwithstandino- Barton's e_iire»>ious falt.s, challenge, &.('., succeeded not by his merit, by odium of adversar- ies. !McNear went ott" with dis«;race. lie neutralized his efforts by ottering for Senate. He denied it. Grant assured Bates he had. Scott, Benton, Victor and all posse share in defeat. Members of Legislature had con- sulted toiicther. They were going to re(|uest Benton to go to his post. Benton got the win with Soulard's case. 1 was both nursing and i)re- pariug niyseir. 1 addressed couri on Monday, 22d — morning, afternoon, continueil next day until 1 o'clock — objections of Lawless, — my answer — Judge and Dis- trict Attorney exi)ressed wishes. Went on I think pretty well morning, — not so well afternoon. EX- ITS hausted next dav in body and mind. Probably you have Iieard by this time something of it. Was often interrupted by Lawless. The latter followed me. He was perfectly at loss notwithstandin«»- his great labour. Read from liistory of Louivsiana by Stoddart. ]My re- marks upon Stoddart's two reports. Strother and Law- less comment, ^v. Keflections. I explained. Lawless said it was worse told. Ketract, refusal, interference of Penrose. Bates concluded. Offered to me previously to con- clude. He was particularly polite. He did pretty well. Testimony Lassus. Principal partially interpreted. Bates rather c^asy. Is much courtiMl by L. C. T was present all time. I was a check. I hope to be efficient in ray ease. The means are turning. I wish that the motto may suit me as well as you, though I am much less elastic. I hope also to take part in argu- ments of 1st case after te^timcmy will be closed. Wm. Christy and others, my warm partisans talk in Barber's shop favorable to me. ^ome surprised at my law knowledge. Agreed any way tliat I was full nuitoh. T. Hunt has removed to St. Louis immediately after appointment, new recorder of service to obtain docu- ments. I liad thi'ee imjxutant dUes. I sliall look for more. I am on poi)ular sides of (question, ^^trother seems to feel X. I too uiak<' question still more ])o]>ular by showing in next speech its bearing on interest of settlers on Sapnish L. Claims. Yours, &c, St. Louis, Jan. 26. Wm. Lucas, Dear Wm.: — 1 lioi)e you liave not. or at least will not fail to go to Spanish Needle Prairie settlemt^nt and 176 make yourself acquainted, as far as possible, with the (luaiitity an. He appeared distant. 1 approached him and en- deavored to humour him. I did put one of my pamph- lets in his hand. I am told that Dr. Talbert will run for the Senate also. I should regret you should be a candidate if your ])rospects are not the very best. Vou know, I presume tliat Bates is caudidate for Cougresvs. Mr. Giger looks for the Senate. He says, I am told, when he is asked if he is, he answers, the Senate is a high situation which ought not to be sought after nor refused. As fai- as 1 could kiKtw, it is doubtful that he would carry over Renton because he is not personally popular. He is com]dained of for having used roughly and mercilessly in debates the country members be- cause also they say the same objection lies against him as against 1>. lie is also much disliked by Bates and his friends. 181 It appears on all hands, however, his intimate friends excepted, that B. is unpopular. I am told that Steven- son from Wasliin^ton has said before a number of members at St. Charles, I could beat Benton for the Senate. I was asked at St. Charles durinj; session if 1 would offer for the Senate. I answered that I never would i)ut it in the power of the people or any set of men in Missouri to j;ive me a refusal. That the le«»isla- ture in their electorial capacity ouoht not to be acted upon as the multitude, they ought to consult among themselves and point the person whom tliey believed to be the best (|ualitied and then ascertain if he would serve if elected. 1 ascertained whilst at St. Charles that my argument had been well received and made a very favorable impression so far as it liad circulated. 1 distributed many pamphlets to the membeiw. I have written to Adrian to come and stay a while at ni}' house. If he does you will probably see me at Callaway at tlie court. Perhaps 1 shall go to Mont- gomery. I have many things to say to you which can- not find room in a letter. If I can raise funds probably I shall go to Pennsylvania in April. I think Congress will not adjourn before the middle of Ma}'. Your affectionate father, &c., «&c., October 23, 1826. Wm. Lucas, Agreed for sale of lot of ground of Adrian Lucas .|-150. |!150 in hand, the remainder in two yearly payments. Have not heard of you since your departure. My case against representatives of Makay continued. District Court adjourned t<» 1st Monday January. Major Bidle candidate in earnest, has exposed Benton in the upper counties, Ford's remarks, great depression in Benton. 182 Torch lij^lit juiiilcd in pamphlet. T have drafted pe- tition to Con^icss. Object is to have ( lainiants in conit. IJcnton lias taken petition from claimants to the presi- dent. Jany. 24, 1827. Wm. Lucas, (Letter to, not important, exi)hiinin,n why 1 have not been writini:: during session of Lejiishiture, Source of information not at St. Louis, it was at Jefferson.) KSt. Louis, July 21st, 1827. Wm. Lucas, My dear son: — T was just ii<)in_u to write to you when your letter of July Kith was receive- 2 days and out of more than (JO quarter sections cried out on the 1st day, none but i quarter section was sold. I bouoht on the 2d day the half (]uarter relinquished beinj^ ])art of the Jialf quarter where Adiian resides, at the rate of |1,25 cents per acre. No on<' bid over me. None that I know of has been sold for more than the minimum price. I saw there Christo])her Talbert who purchased but little land. I had no sooner shown him some little politen<'ss than he directly apidi(erhaps it would be more advantageous to me to make a compromise. I know that their sole hope is to ransom me, but they shall be disapi>>>iuted. The trade of St. Louis is daily increasing. Perhaps it may be checked for a while by the hostilities of the Indians at the mine of Fievre River. I was offered some weeks past, |1500 for the square north of Capt. Brent by Mr Collier of St Charles. You know, T presume, that the French and S|>anish land claimants have signalized their defeat by causing all their suits pending before the District Court at Ste. Genevieve and St. Louis to be dismissed except one at Ste. Genevieve and one at St. Louis. The number dis- missed at St. Louis is 180 including that of Makay's 184 heirs interfering with Baptist Lalleur h)eati()u where Herry and Vailliant reside. 1 received a patent for the Manie one week after the dismissal. Mr. Benton was at- torney of record in several of the suits dismissed. 1 keep something; in reserve to eoufouud him. It is re- marked here that Benton is shunned and ncj^h'cted. I'robahly many of his friend.s arc avshann'd of liim. 1 presume you have seen in a hitc number of I he Kcpiib- liean how he has behaved with J(din Jones, formerly brick layer at St. Louis in a certain pecuniary trans- action. I found the other day anions my papers a letter «)f James Bcaty rcfcrriuii explicitly to his bond and urj^ing me to make selection for 100 acres of land a<;reeably to the same. If you know where Beaty is let me know it. I b«dieve a partition has been made of the same be- f(tre, haviui; been serv(Hl with a notice for that j»urpose two oi* three yeans since. I ho]>e you liave paid the taxes for the land near tlie mouth of Manitou and at Cotes Sans Dessein. It seems to me that from the standiun I understand you occupy at the bar and the many counties which you attend, you ouiiht t(( receive a tolerable remunera- tion. Perhajis you cany your liberality too far. This is the only fault your friends chari»e you with. Thi.^ is certainly an honorable fault, but 3'ou oui]!;ht to reflect that in thi^; country, but with very few exceptions, no one is i»ropeily an object of charity, and that knavery and baseness ouj^ht not to be encouram'd. If y(»u are determined to be easy and liberal let it' be only with sound discretion. If many of yt)ur clients cannot pay you immeen O'Fallon are couiit»ML have been iiiiich olTeM(le. ('. Lucas one trunk said to con- tain books wliich I obliiiate myself to deliver to U'm. Montgomery »S: Co., at- the month of the White Kiver on ])ayuient of one dollar freight foi' same. E. F. BUSH, Clk. Calhoun. 103 June 30th, 1821. Adrian Lucas, I received your letter of May the 12th ulto. My son, had I consulted nothinjj; but my feelings I should have answered it much wooner, but I thus postponed in order to impress your mind that the forbearance of a father if carried too far might bring him into contempt or at least make him too cheap. From my recollection of your good disposition towards me during the life of your mother and for a long time since, 1 cannot but suis pect that some evil minded persons have artfully con- trived to create discontent in your mind. I wish you may guard yourself better hereafter against the in- sinuations of my secret enemies. You are without guile or deception. Of course knaves may have im- posed upon you and may try again. I love you and I wish you may be persuaded that I am the best friend you have. I would cheerfully let you settle on the land you allude to, half a mile from Capt. Hunt if it was prac- ticable, but from the trial you had at farming with houses and fields ready for plowing and also other means, it cannot be expected that you could succeed when every thing is to be done and Avhen you are destitute of means. I shall be happy to see you when you think proper to call in. You may, if you choose, come and stay with me. I am your friend, J. B. C. L. February' 7th, 1826. Adrian Lucas, (Letter to, inviting to come and spend two or three weekis at my house. Might have opportunity to sell lot to enable him to purehase servant, male or female. 194 Perhaps better to sell his place for price of a negro. He iiiiiiht settle on my land or on land of estate of C. L. Speak not about what Dr. Talbert tohl liini or upon same isubjccl. On necessary occasions, consult Wm. or myiself as liis best friends, &c.) Yours, October 23, 1826. Adrian Lucas, Informing him I have contracted under i)enalty that lie wonhl execute (bed of one lot of ground, considera- tion |450, to-\vi(, |150 in hand, the remainder in two yearly payments witli interest. |{e(iu(»st him to come soon, or else write to me anreh(Misive that Mesc^rs. liartoii and P>eiitoii will opp(vse oi- endeavor to j)revenl Ihe contirmation by the Senate, I bei; knive to state that Mr. Benton was elected to the Senate by no more than one vote of majority; that there were five candidates and I was next to him; that I was powerfully opposed by the French and Spanish land claimants whose interest and intiuence has much increased the many transfers they have made of parts of their claims to influential citi- zens, both in this state and in Kentucky; that this oppo- sition proceeds from my having- made a report as land commissioner, unfavorable to their claims, and that I could have secured myself with the greatest certainty, a seat in the Senate, provided I had broken the trust reposed in me as land commissioner, or, in other words, made the best interest of the V. S. yield to their ground- less pretensions. The land claimants have done all they could in favor of the election of Messrs. Barton and Benton. They therefore confident ly depend ui)on their exertions to procure the conhrmation of theii' land claims and keej) me down by ever}^ possible means. Probably I may be represented to be an emanci])ator, if my enemies think that this will answer their end. I am. Respectfully, &:c.. Nov. IG, 1821. Nathaniel Macon, Sir: — Your letter of the 2nth of Jany. last in aiiswer to mine of the 4th of the same month was received. The difticulti(^s that wen^ unfortunately last session in the way of the unconditional admission of (»ui- state into the union of course prevented the president fi-om 199 makiuj; a nomination for District Judge. If I am cor- rectly informal, nn* enemies at AYashiugton have suc- ceeded in creating prejudices against me in tlie mind of the Preisident. Thev have reported that I Iiave en- couraged several members from the non .slave holding states to vote against the admission of the state, assur- ing them or giving them to understand that the op- ponents to slavery were getting Into jjower, that if they held out the consequence would be that a clause in- hibiting slavery would at last be introduced into the constitution. Now, sir, having given up all pretensions to the ap- pointment in (juestion, feeling perfect!}' independent both in spirit and circumstance, without caring in the least about the smiles or frowus of anybor3' of Missouri to become a state or for the admission of the state of Missouri into the union, nor have 1 at any time urged or suggested ati home or abroad that .slavery ought to be inhibited in the state of ]\Iiissouri. I must inform you that the S])anish land claimants in (Uii- state, whose great wcaltli aris- ing from confirmations of land claims and prospective interest has been productive of great ca ils in our elec- tions, have succeeded in having their friends and part- ners sent to Washington. As one of the land commis- sioners having been the least favorable to their claims 200 as will npponr by the roport of the o()minissi(MU'rs on the land claims N\liicli is Iodised in the iiciioral land office, I have of conivsc been the ])i'incipal object of their hatred and peiseciition. No doubt but their ancnt?^ have not b(K'n idle, and to these laist I ascribe all the false reports anportunity to secure the ai)i>ointment to one of th(Mr creatures; 3d to interrupt the contidence and j^oixl nnderstandin*;" existiuji between me and many members from the Houth iu order that my communications to them on the merit*! of their land claims should be unproductive of a due effect, and, in fact, make them hoistile to me. There will be, no doubt, lireater efforts than ever ma(h' (lurinu t iiis isession to ])rocure the passaj»e of some acts in favor of laud claimants. Many a pretext will be used; many jilausible stories will be told for the attain- ment of that object; h't me only observe you that Con- gress has ah-eady gone in its acts on that subject far beyond the most liberal justice. Let me assure you again that those claims are illegal and in (juantities contrary to the Spanish policy an i-e<|nest yon to eanse to be ascertained whether any c yon will be so ^ood as to i;ive me as S(M)n as convenient, su( h infoiination as may be obtained, and mention the fees that may be dne, wiiich I vshall remit without delay. I am, «S:c., Kespectfully, J. B. C. L. St. Louis, Jany. 1th, 1817. Jeremiah Morrow and Joseph Barnnm, Sir.*<: — Bein<» informed that the claimants of land in the territory ef Missouri are niakinii ureat exertions to have a law passed tliis session for the confirmation of the residue of the unconfirmed claims. I be<» leave to di-aw youi- altentiou u])on that inii)ortant subject. Yon have taken notice jtrobably. that an act of Con- ens, (Mpial to about 1 mile square, but, to pensons who generally aie loaded with grants or contirmations by the former board of Commissioners; to i^ersons who thought themselves to be above the pro- fession which would have entitled them to land under the Spanish government. The act before alluded to is also over reaching inasmuch a^s its very litth^ presents the idea of a general adjustment of titles whilst in reality it is a partial ((Jienerally similar to letter writ- ten to Jonathan Roberts,) (Conclusion.) Living, as I do, among a large number of those jx'rsons that are most deeply intere«sted in those claims, 1 beg of you to consider these communica- ti(ms as confidential. Knowing your undeviating re- gard for the i)ul)lic welfare, I have thought that this in- formation would be very acceptable. Yours, J. B. L. 206 St. Louis, 1st December, 1817. Jeremiah Moiieau, Sir: — Permit me to inform von that greater eff(^rt^^ are i»oiii^ to be made tliis year tliau ever to obtain a .H<'neral contiriiiation of the hind claims nnch'r i)i*e(<'n('e or color of Sjianisii concessions or ord<'rs of surveys. Xuiiibci of poisons interested in that way have lately left the territory to speml, ais I umlerstand. tlie winter at Washiujiton. Althonj;h 1 expect that each of them will nriic for their resi)ective claims, vet, no doubt, tliei-e will be amongst them a iiener.il understandinj;' to assivst each other (lov. Clark is understood to be on his way there. I believe that! amonj; the claims he ha» some that lemain unconfirmed. I am informed that lie has taken cliarge of some belonging to his friends which, no doubt, he will endeavor to carry tlirough. Probabh' he has some share on interest in it. John Scott, the delegate, has given in his electioneering hand bills the most explicit assurance that, if elected, he Avould support the land claims, which mean ch^arly the gntidenc( lie has declareil he hims(df owns several of them. Kcdening myself to my former communica- tions to you on this iton at tiie com- meuceincut of (he i)resent session, but a lonj;" and tedious illness has prevented me from accomplishing; that object. 1 am even at this time but weak and unable to write myself. Alt ho Mr. Scott has attempted to present himself to you in tlie character of a man candid enouiih to eneral reports and in the special reports for lands containing had mines and salt springs, and from the particular hali(*atent or final grant; and that it was not considered as such the commissioners knew, as they had previously received a list procured from the records at New Orleans and transmitted by the Secretary of the Treasury, of all patents issued under the French or 211 Spanish governments, in which this was not included, and which also shewed the distinction between conces- sion and patent or final grant'', thus Mr, Galatin une- quivocally charges Mr. Penrose and Donaldson to have av«!certained that a certain instrument of writing was a Patent or Final Grant, altho they knew it was not. I beg of you most earnestly to bestow a few moments of your attention upon the 2 and 3 pages last referred to in a book called "The Land Laws" in the appendix, it will be an epitome of the respective merits of the commissioners of the board for land claims in the Mis- souri Territory. I also beg of you to take notice that a law was passed subsequent to this- decision (i. e. in the spring of 1807) whereby the president was authorized to form a new board of commissioners to revise and correct the de- cisions made by the preceding Board of which decisions that made in favor of Duberque was one. That Pen- rose and myself were members of the 2d board, — that when the claim of Duberque came in turn to be revised, he absolutely refused to give the opinion which by law he was required to do, — that the other commissioners did' also refuse, — and myself alone, did comply with the requisite of the law by entering again my opinion upon the report upon the same claim, — thus the de- cision so much censured by Mr. Galatin and which he almost called iniquitous, run out untouched and un- missed, altho it may have been one of the leading causes of the passage of a law directing the revision and cor- rection of the decision of the first board. Should I be denied a full compensaticm, I shall feel myself justified in saying that it is a punishment in- flicted thro the agency of the Spanish land claimants, for my fidelity to the interests of the U. S. 212 From circiimstnnfos wliich I cannot foresee, should jon think it «'X]MMli('iit for nie to take an}' new step, be pleaised (() advise lue thereof. It is generally under- stood that the land olainiants are more confident of suc- cess this year than ever, owiu,u' probabh' to the sub- division of their interests among influential men. At the same time I cannot imagine CongTesis will depart from or abandon the principle of the bills reported at their last session which sends them to courts of justice, there to establish their claims by sometliing more and better than fair tales in their mouths. (Sig.) JNO. B. C. LUCAS. January 5th, 1820. Robert Moore, I understand that the Spanish land claimants in the Miss. Territory are attending Congress in an unusual number during the precsent session, — that they are ac- companied, by several persons from our part of the country in the capacity of agentis. Among those of this last description, Thos. 11. Benton the slayer of my son Chas. and L. Lawless his friend, whom he has usually in his employ as second in his duellings, are the most prominent. It is reported that Mr. Benton particu- larly is to have a considerable share in a great many of the claims (some say one-fourth) for his industry and influence. If he succeeds hiis fortune will be colossal and he will not fail to make his wealth subservient to his political aggrandizement, for he has an eye upon everything at once. His ambiti(tu is as unbounded as his cupidity anublic opinion is sensibly taking place. Those that were the leading members of the convention are losing ground. The constitution has not met with public approbation. I was pretty evinced 219 by the proposal made in both houses of the general assembly of a. great number of amendments which were supported by a majority of two-thirds of both houses, but at last they were bafHed by a well drilled minority who succeeded in persuading a number of those in favor of the amendment that two-thirds of the members present did not form the constitutional num- ber to pro])ose amendments, but two-thirdis of all the members elected were necessary. The constitution of Missouri is on that point perfectly similar to that of the U. S. From this circumstance you may guess what kind of men compose our legislature. Respectfully yours, &c., St. Louis, February 10th, 1821. Robt. Moore, My dear sir: — Your favor of the 28th of December was received a few hours after I had put at the office my letter to you of January 18th. Judging that Mr. Penrose felt as much disgust as I did at the repeated for the full compensatiou which we had met witli in the Congress, 1 had not the least idea that he would make a new application; if I had I think I should have requested you not to interfere for me, but as it is 1 can- not but give you my most sincere thanks. T heard yesterday somebody say that he had seen in the papers a report in favor of our claims. After so many vain trials, I have now very little hope of success, and 1 hate nothing more than to be considered as being im portunate and wanting a due share of pride. I hardly think the senators elect of Missouri and representatives 220 \vill (Ijiip t(i o])])(ts(' niY claim particulai'lv on acroimt of Peiii'otsc \vli(( is ill the ^^.I'catcst distress. I hopo lliis letter will reaeli V(m before you leave the city. Could you believe that senator Renton is so ostenta- tious and windy as to have taken four horses and two waiters with him for his journey from St. I.ouis to \Vasliinj>lon. At the same time the house he lives in, rhe only one he has, is mortjiaged for |2,000, and one we(dv after he left St. Louis, several noteis of his were protested at the bank. A general diseont(Mit prevails against the makers of the state constitution. It is loudly expressed. If the amended resolution of the Senate is not adopted in the House of Representatives, the state will be obliged to call another convention in which ease it is most jn'ob- able that the constitntion will be materially changed, as characters of a way of thinking quite different from those that composed the first convention will most prob- ably be elected. Respectfully yours, St. Louis, Feby. 5, 1825. Robt. Moore. Dear Sir: — Although I had no int(M'course with you this ^reat while, I have iieveil lieless thought and made eiKpiiries about you as (d'teii as 1 could meet an oppor- 1 unity. The zeal which to my own knowledge you have evim-efl for the public service. The reliance which I am l)eisiia(le(] you have placed in my communications and the earnest eiideavoi-s yon have used to procure me an ade(|uate comi)ensatioii as Lanr to that of Mr. Ooford concerning certain part of my salaries as a Judge together with a copy of my own letter to the same B. Smith which is here en- closed, might give you isome idea of the explanation which I liMpicst yoii lo ask of B. Smith. Nevertheless, in order to assist your recollection on the i)articular enipiiry which i« to be made, 1 shall briefly' state to you that having never received but two drafts for 300 dol- lars each on the P.ank of ^Missouri for my salaries due as a judge from the If^t of Oct., 1S18, until the present time, (viz: one draft dated and another dated ) iudubit- 225 ability the quarters due on the 1st day of January, 1819, 21st of April, 1819, remain unpaid. For the amount of the first of these two I am well satisfied I am credited at the Bank U. S. and it is from the per- suasion that I have the other day given you my draft on the Bank U. S. for 300 dollars. It remains now to be ascertained whether the quar- ter due on the 1st of April has been also credited to me at the Bank U. S. and in case that the draft which I now deliver you for three hundred dollars on the cashier of the Bank U. S. will enable you to receive it. The uncertainty which I am placed in on that point in- duces me to deliver you this draft with the view only to enable you to receive that sum if there credited to me. Therefore, my understandini; is that you will not negotiate that draft nor have any protest made, but will simply return it to me. As R. Smith has men- tioned in his letter that he has sent me three drafts, and yet has only mentioned the date of two since the 1st of Oct., if upon a closer examination on his part he should still reassert that he has sent me three, you Avill oblige me by asking him the date of the one he has omitted, and ascertain at the same time, in the treasurer's office, how many quarters have been paid to my attorney for my salaries due since the 1st of Oct., 1818, together with their several dates. Having received but two drafts on the Missouri Bank, as I said before, one must have been lost or miscarried long ago as I presume it is dated in the beginning of April, and in this case, whilst you are there, I wish you would make a declaration in my name, that I have never received but two dated as above, and that the one lost may be made good to me by some means. (Sig.) JNO. B. C. LUCAS. 226 Jany. 1st, 1820. J. Randolph, Sir: — So many gentlemen of my acquaintance are retiriniLi' or have ictired from the national councils either by choice, iiitirmitieis, or death, that 1 feel a doubh' ph'asnre in finding tliat you have resumed a seat in the House of Kepresentatives. Your huig par- liamentary experience has no doubt long ago enabled you to notice that whilst one or two of the mosti proniineut subjects of legislature at every session seems to engage the attention of every member of congress so much so that the speakens on those occasions stand as it were, in the way of each other, and the debates become almost endless. There are other subjects by no means unimportant altho perhaps less entertaining or less attracting the public attention, which are little or not at all understood by a great many and whose fate often depends upon such report as the committee to whom the subject is referred may think proper to make. From the intimate knowledge which, as a former land coniniissionei- of the Terry, of Missouri, I have ob- tained of the S]»anish claims to land in the former Pro- vince of Louisiana, the laws and usages under which the Spanish government distributed to their colonists, I am pretty well satisrted that great errors have been comniitteeil in legislation which have produced the most ruinous conseht to ^reat deal of Ihe moist valuable lands is finally parted with in favor of persons who were already loaded with l)revious j^rants or confirmations to a considerable amount and in favor of others who b}^ the Spanish laws and usai^cs were not at any time entitled to any confir- mation or lirant. I am so exhausted by a fornu'i- sickness and a re- lapse that 1 am constrained to continue this letter by the assistance of one of my sons. Their dangerous aiirandizenu'nt and increase of wealth has also increased their pretensions. Now their avowed object is to have these aberrations or prostrations of principle of the act of 1814 extended to all other claims remaining- un- confirmed. Admitting for a moment that the Spanish authori- ties could have issued warrants or orders of survey after the date of the treaty of St, lUlefonso, it would be necessary that they should have issued by the proper- authority, and the Spanish c(unniandaut at St. Louis had ceased to be the i)roper olficer by the ordinance of St. Lorenzo. It would also be necessary that the other requisites of the Spanish laws and usages should be comi)li(Ml with. As the highest evidence that C L). Delaras who was the Spanish Commandant at St. Louis from 171)9 until the U. S. to(dv jxtssession of Louisiana, kyew himself that he had not the right to grant land. I state that 1 had the perusal of two documents under iiis own handwriting dated some time in Oct., 1800, which were in answer to applications to him for grants 233 of land, to the followinc^ purport: "It is now out of my power to issue couces.sious or orders of survey, this power beh)ui»in«i; exclusively to the iutendant. The most 1 can do for you is to make the most favorable statement of facts in my power, concerning your (juali- ficatioiis to receive a orant.'' This is, liow«'ver, the office where concessions (of a date subseciuent to these documents) for leagues square have .since been reported favorably by the recorder of land title,s and confirmed by Congress. This is, indeed, the officer whose unconfirmed conceptions are laid up in store in the hands of his former favorites and friends, waiting for the opening of the office of the recorder of land titles for entry. Notwithstanding the abundance of matter, I shall conclude having already too much fatigued your at- tention. At the same time I purpose to present to you, soon, another view of the subject tliat you may be satis- fied by a multiplicity of means that the boisterous land claimants of, at least, Missouri Territory are far from standing on a par as to speciousness or appearance of legality of claim, with the former Yazoo land claim- ants, altho they are certainly not behind them in fraud and corruption. There was a time when the original Spanish hnnl claimants, who are certainly far inferior in point of management and intrigue to our own American speculators, had been put out of conceit of their colossal claims by the powers of the Americans in general who lived at St. Louis, but having called in, with others, several of those same Americans to show with th(^se upon terms which fully! indicated their despair — their hopes are revivwl and not a few of our Americans have resented and now praise more loudly than anybody else, the claims which they once declared to be iniquitous. 234 TTavino as a land rommissionor boen porliaps the l<\ist favorable t(» land claiiiiants, of counse, I have become (he most odious. This odiuiii ha.s increased from the^ diwapnointment of the «;ieat<'r part of the claimants who are of a French orij^in, and who, of course, expected more kindness from me than from the other commis- sioners. Many of these ^ood people^ have acted honor- ably amourist themselves, but i)erhaps never hon(\stly with their sovereign. They cannot reconcile with the idea that, with me, the interests of the U. S. shotild not give way to theirs. You will see at Washiuuton, this winter, several Americans who have become interested in the Spanish land claims. 1 am not less obnoxious to them than to the French. They suspect me to be active against them at Washiniiton. Mr. Scott, the delegate of the territory is one of them and his community of in- terest with the Spanish land claimants has been a recommendation to him for the situation he now tills. Of coui-Ne he is extremely hostile to me. Without being willing to deviate from the independ- ent course I have taken with respect to them all, never- thtdess I don't wish to gi^ e them new grounds of com- plaint, I therefore request of you, sir, to make such use of my communication as you may think best, with- out mentioning my name. Of one thing you must certainly be satisfied, that if 1 have n«Jt received a bribe from the U. S. my hands must be clean and my motives pure. As a specimen of the course I have taken, as a com- missioner, T beg leave to refer you to the report of Mr. (Jalatiu to the President of the U. S. on Duberque's claim, which is contained in the 84th, 85th and 86th 235 pages of tbe appendix to the Land Laws, a book digested by Mr. Galatin. I have tbe honor to be, &c., (Sig.) JNO. B. C. LUCAS. February 4th, 1820. John Jiandolph, (Tliis letter is the isubstauce of that part of the letter to P. B. Barbour of the 151 h of February, 1820, eom- meneing with these words, .viz: "The act of the 12th of April, 1814, is the prototype of their favorite bill, re- ported I^'ebruary 10th, 1818, with this additional evil, &c." and ending with the^e words, viz: "but in truth it is nothing but a great superstructure without a basis". JNO. B. C. L. St. Louis, Jany. 4th, 1824. Hon. John Randolph, Sir: — Being persuaded that you will receive with pleasure any information that may come to you upon public subjects, permit me to observe that the people of Missouri, having experienced particularly for these twelve years pa.st, the great inconvenience resulting from the considerable number of the French and Spanish land claims within the bounds of that state which remain undecided and are in a wild and unculti- vated state, forming from their extent great chasms in several counties which might be very dangerous in case of hostilities with Indians, and are at all times a great obstacle to communication and intercourse, the legislature of the isame state presented a memorial to the Senate and House of Kepresentativcvs of the U. S. some time during the last session of congress stating their 236 gricvaiurs on that subject aud praying that competent tribunals be Cdu.stituted to decide detinitely those un- settled claims, so that Ihe laiidN beloiii;iiio to the U, S. and those beloiininii lo individuals may be known and set ai»ait. It appears tliat thi.s memorial was pre- ,sented to tlie Senate and was referred to the committee on i)ublic hinds in cons(M|nence of which a bill was re- ported, I lie inlroductoiy pari of which reads ais fol- lows: Mr. Benton from the committee on public lands to which was referred the memorial of the le<»islature of Missouri on the subject reported the followinji bill. This bill was reported on Feby. l!)th, 1823, and has passed throui;li the Senate with a small amendment. It standis aniontcd by tlii^ senate tlu^ yeiir be- fore on the sjiiue subject, he would have lepiu'ted to the Senate that a bill embracing the (»bject of the petition had passed the Senate and was bi^fore the house of rep- resentatives. He would have stated that a similar bill had originated the year before in the house of repre- sentatives. In fact, the representative from Missouri must certainly have received a similar memorial from the Legislature and it unaccountable to me how he has left these two bills uncalled for. It is to be lamented that Mesvsrs, Benton and Scott evidently attend to the interest of the Spanish land claimants in opposition to that of the U. S. and of the people of Missouri. The land claimants and their agent dread nothing more than a fair trial of the Spanish claims before a judicial tribunal. They would sooner hang their claims for thirty years more and hover during that time about the capital in ex])ectation to obtain at some unguarded moiiHMils the ])assage of an act suitable to their pur- pose. Let me remember you that they are already loaded with the muniticence of Congress, particularly under the act of the 12th of April, 1S14, entitled "An Act for the Final Adjustment of Land Claims". There was 238 nothinji final in that act but the words of the title. The confidence and inflnence of the land claimants have in- creascil wiih their snccess. They will pnisne with fresh vii»or dnriuj; this ses^sion, their favoiit*^ object. They will uijj;e that there cannot be any inconvenience in the reference, in as ninch as Congreiss may or may not confirm the opinions of the recorder. From the past, Congress may be considered to be a mere nominal check. Nothing in my opinion can save the U, S. from the grasp of the land clainianls bnt a prompt passage of an act, referring their claims to the jndiciary with all the points of law« arising nnder them. Even this question, viz: how long the Spanish govern- ment had the power to dispose of the royal domains? Who ^^ere the proper officers to whom the power was confided? For any interpretation by Congress will be ra'^isted by the land claimants unless it makes for them. Yours, Jany. 16th, 1821. Elias Kector, (Letter to, enclosing copy of letter of Taylor Berry to Josiah Meigs, Commissioner of Land Office, informing that 1 have written to Meigs on same subject, and will add further remarks.) St. Louis, Feby. 10th, 1821. Benjamin H. Reeves, Sir: — No doubt you know that Afessrs. (i. B. Sirother and Robt. Nash have been announced as candidates for Cong. I'loni all 1 can <(', those lands under the colour of Spanish claims when such a couise would go to render negatory the imperfect rights of these settlers entitled to prescrip- tion nnd ])lace in a «lesi)erate situation and dangerous to the country a great number of meritorious persons, willing to pay at the rate of two dollars per acre, the land which tlie Spanish claimants want to have for notliing. I think, for my part, that the only efficient way to i)revent the land claimants from reaping a sub- stantial advantage from their cant word ultimately, the most active friends of the V. S. in the house, and most active opponents of these claims, ought to prt^s and urge for the passage of the bill which is to send 243 them to courts of justice. Let tlie land claimants be never so desirous to temporize. (Sig.) JNO. B. C. LUCAS. St. Louis, Fy. 5. 1825. James Riddle, Dear Sir: — I had the pleasure of hearino- of you occa- sionally since I saw you last. JNIy son Adrian informed me that he had received from you the most polite atten- tion when he was on his way from Boston to St. Louis. For this I feel myself much obliged to you, and I wish I may have the opportunity to return the same kind- ness to any of your family that may chance to visit St. Louis. Had it not been for private business which have until now required from me a constant attendance I should have made before now another tour in the Atlantic states. I expect, however, to be able to accomplish that ob- ject in the course of the next summer. I shall feel a particular pleasure in seeing my old friends and ac- quaintances at and about Pittsburgh. You will have the goodness to give my best compliments to Mrs. Riddle and all enquiring friends. Respectfully, &c., January 11th, 1826. Judge James Riddle, (Letter to, speaking of argument contained in Pamph- let in Soulards case. Sacrifices I have made. Difficul- ties. Never swerve. Better to lose popularity than abandon principles. Request him to engage good 214 farmers and laborers if lie can find' any, to come to St. Louis. 1 shall save expense tavern. Give them good. Have three farms. The people here lazy, dissi- pated, careles.-^. If he can procure hands, they ought to come not later than commencement April. I request him to give me information.) January 1st, 1820. Johnathan Roberts, (Same as to liobt. Moore of 5th of January, 1820.) Oct. 20th, 1820. Jonathan Roberts, Your favor of the 29th of February was received, like- wise another since, which was handed to me by Col. Strother. I requested the editor of the Missouri Gazette to send you his paper during and since the Missouri convention was setting. Of course 1 suppose that there is not much use for me to say great yield on our local concerns. You have seen probably that I was candidate for the convention. I did not succeed because being requested to declare my sentiments on the subject of slavery, 1 expressed an opinion that it would be proper to limit the importation of vslaves to live years or so from the date of the Constitution. The ardent friends of slavei-y suspected me besides to be hostile to the principle of slavery altogether and contended that I dared not to go the whole length of my opinion being against that of the public. As I reside in the county of St. Louis, where the Spiinish land ( laimants have the most in- fluence, I had to encounter their powerful op]»osition and thus those two causes acting together, I lost the election. 245 I consented also to be candidate for the Senate of the U. S. My prospects were much fairer because the election was not confined to a county, but was again uuvsuccessful. Every one seemed to believe that when the members first assembled that I had a majority on my side, but my opponents havini» many hands at work succeeded in liavinj; the election put off from time and taking advantage of the want of experience and knowl- edge of the world in my friends, succeeded in having Barton and Benton elected. This last was elected by a majority of one. I was next to him. From the course which I have taken with the land claimants, you may easily imagine that tliere were no unfair or artificial means used on m^' side. Mr. Benton has been in the St. Louis Enquirer of which he was the editor and elsewhere the indefatigable advocate of the Spanish land claimants and had repeatedly denounced them as their enemy. I am inform«Hl and fiiinly believe that he has a considerable interest in every claim for his agency, and nothing is more clear that he owes his election to that circumstance; thus the Spanish land claimants have succeeded in obtaining a seat in the senate to their agent. I need not to tell you that this Benton is the very ruflfian who killed Charles Lucas, under circumstances well known to you. He ^^'as engaged in the affray where General Jackson was sliot through the arm several years ago. It was he or his brother tiiat did it. Various other acts of violence and quarrels placed him in such situation that he could not remain any longer in the state of Tennessee. He is blood thirsty, bold and desperate, yet he can put on an appearance of suavity, borrow a language sentimental and exalted. Great reliance is placed on him by the land claimants. 246 He will make <;ij:fanttc efforts during this session. In order to attniii his object lie will be humble, criuginjjj, U('('ouini(»da1in<^ or anylliini; whatever. His jiecuniary circumstances are desperate. He has supported for several jeai-s past an unprofitable jiaper for political a«ii>Tandizement. He has lived hi spared me time enough to answer my enquiries when under the pres- sure so usual towards the close of a session. Contrary to your expectations at the date of your last letter the bill for admittinj> M. T. as a state has fallen throujih. The cause of it has operated as an additional occasion for the restless and the incendiary to create discon- tent, exagerate the evil arisinj* from the disposition in a majority of the House of Representatives on the score of the intended restriction of slavery and prepare the credulous and unwary for any desperate act so that on the misfortune of the country they may raise them- selves into a temporary consequence or artificial use- fulness. Of this number, T. H. Renton is tlie most con- spicuous. He is the same Benton who is the editor of the St. Louis Enquirer, and who in order to ingratiate himself with Scott and his faction, and at the same time put out of the way a professional and political rival, contrived to bring Chas. Lucas to an encounter twice and terminated the contest by a catastrophe the most abhorrent to the feelings of every honest man. If Mr. Scott has been elected this year it is only for want of a proper opponent. Almost every one aj) peared quite callous and indiftVrent about the last election. I might have been a candidate with pretty good prospects of success, but I have not enjoyed good health from April until now. I am just recovering from a billious complaint which has been very near proving fatal. Even if I had been in the most favor- able situations I should have felt very little anxiety to succeed a person who had so much ruflfled the feeling 250 of man}' members of rongress on an occasion which requircil all pnulcnce and delicacy and who had j^en- erallj iiiven such an unfortunate distinction and made so poor a legacy in a multiplicity of cases. Much less could I ever reconcile to viilually as,suiii(^ the ol)li«>a- tions to support the Spanish land claimants in their pretensions not less adverse to the interests of U. S. than they are unjust in themselves. It appearvS that at the date of your last letter you were not acquainted of the fate of my claim Ix^fore Congress for compensation. It had then fallen through. I had but a few da^s before receivtnl a letter from my friend Hobt. Moore informing me that the select com- mittee t(» whom my claim had been referred, had re- porteil a bill in my favor. That it had passed a com- mittee of the wiiole house, — that when it came before the house a motion was made to strike out my name, leaving that of C. B. Penrose, which was negative, thai afterwards the bill was generally postponed by a small majority. The motion for striking out my name was predicated upon the special reason that whilst 1 was a land commissioner I held another commission and Penrose did not. Mr. Pointdexter was the man who made that motion. This same disposition supported upon such an artiticial reason could hardly have been expected from a southern Rep. Perhaps his feeling may have been enlisted against me from the circumstance that many of the princijtal inhabitants of the Mississippi State have been Spanish land rlaiinants under pretty similar circumstances to that in Louisiana and Mr. Scott and his associates thot it a fair o])iK»rtunity to retaHate on me for what they call my inofMcious- ness or rather my opposition to their claims, — thus should I ultimately be denied a full compensation, I 251 slial] feel myself justified in believing that it is an expiation of the crime imputed to me by the land claim- ants thro the agency of Mr. Scott, for my fidelity to the interest of the U. S. I might refer you for the general tenor of my conduct to the reports of the com- missioners now lodged with the Secretary of the Treas- ury of U. S., but it would be requiring from you more trouble than you could conveniently bestow. I there- fore beg leave to refer you to a single decision (letter to R. T. Moore for this). I beg of you to bestow a few moments of your attention to the foregoing report of the secretary of treasury of U. S., as also the 4th and 8th sections of an act entitled "An Act Respecting Claims to Land in the Territories of Orleans and Louisiana", approved March 3d, 1807, whereby the Presi- dent of LI. S. was authorized to form a new Board, &c. (letter to Mr. Moore). Mr. Scott has explicitly declared on his return last spring that Mr. Penrose's claim for compensation was rejected because he was in bad company, (i. e., because my name was coupled witli his in the petition — for one of the objects of Mr. Scott is to lessen me both at home and abroad). He went even further, — he has stated that some of the friends of Penrose were going to make a motion to strike out my name, had they not been anticipated by a motion for a general postponement. Whilst Mr. Moore has positively stated to me ^hat the motion to strike out my name was actually made and lost, before the motion for general postponement was made. It appears that Penrose believing Mr. Scott's statement, has felt inclined, this year, to improve the opportunity, by petitioning alone. For my part I feel so disgusted with the injustice which I experienced last year, that I have not thot proper to render my pe- 252 tition this yoar. Nevoithcl^'ss should tlie petition of Pi'inoso this sissiou hv reported favorably, I should cer- tainly wish that some of my friend»s in Conj^rws would be pleased (o move tlie insertion of my name in the report. I am so exhausted that 1 have been obliged to recur to my son to write this for me. With ureat respect, I am, Your obedient servant, (Sig.) JNO. B. C. LUCAS. St. Louis, December 27, 1821. Cesar E. Rodney, (Commeucinii the same aLS letter preceding to Patrick Farrally, 27th of December, and for residue the same as that to Walter Lowrie of 21st of December, 1821, with less specifications as to conduct and life of Thos. II. Benton.) St. Louis, Augt. 29th, 1822. James Ross, Sir: — I have lately been assailed by a new set of enemies in Missouri. They have circulated pamphlets throughout the state, wherein I am charged among other things, witli having been one of tlie members of a convention (d" insurgents in the western ]>art of renn- sylvania, 1794, and having ])artaken with the violence and rebi'llious acts against llie ( xcise law and excise olticers. I'hal 1 am a pardoned rebel. Never such charges had been leveled against me before, 1 believe never would if my prospects as can- didate this year had not been so fair as to alarm my 253 opponents and drive them to desperate means. As you are among the very few survivors to the transaction that have knowledge of my conduct on that occasion, I beg leave to ask you the favor of an answer to the following queries: Was I, to your knowledge or from general report, a member of a convention! of insurgents or any other convention? Was I, t(» your knowledge or from general report, present at tlic attack on Neville's house, or was I actor or abettor in ajiy violence committed on the person or papers of any excise man? Was I actor or ab(4tor in intcicepting the mail or in having certain citizens expel hd from the country on account of written communications to the government which were intercepted? Was I not a member of a committee that met at Park- inson Ferry and also of a committee that met at Browns- ville? Was 1 not one of the commissiouerwS from the Alle- gheny County with Messrs. Brackenridge and Morton that met the commissioners appointed by the President of the U. S.? Did I vote for receiving the terms proposed by tlie commissioners of the U. S. that is for submission, or did I vote or urge anything against at Brownsville or anywhere else? Was I one of those that received at Reedsburgh, the submission of the inhabitants of Miflin Township and Port Of Sinclair? Did 1 deliver you a duplicate of the same to be trans- mitted to the President of the U. S.? Your answer upon all the above queries or such part thereof as you may recollect will be thankfully received. Most respectfully, &c., J. B. C. L. 254 St. Loiii8, Jany. 4, 1827. Richard Ru«h, Sec3\ Treasury, Sir: — As tlie superintendencv <»r surveillance of the concern and interests of the U. S. in the public lands is comniitted to the treasury department, I beo- leave to submit to you a few remarks on a subject intimately connected with it. For thiis lonn while the French and Si)anish land ( laim- antK and particularly their agents at Wasiiinnton have complained and lamented tlie acts of Congress under the authority of whi(:h a part of the French and Spanish claims have been ('(uitiriiicd and reported nciKMally ajiainst by a former Board of Commissioners had not allowed to those commissioners a sufficient power to enable them to do full justice to those claims. They have also laid occasionally blame and reproof upon the commissioners themselves. I, for one of them, had much more than my proportionate share of it. I havft been singled out and persecuted by the land claimants. Their excitement against me was heightened from the consideration that they being almost all of French origin retaining the French language and manners, and myself being born in France. I ought to have made principle and public duty yield to French feelings and partiality. They would. n(» doubt, have returned every kindness to me for it. 1 should have been their favorite. I shouhl have hay all the actvS paisscd on that subject pre- cedini*- that of May 2(5, 1824, it was made the duty of all claimants to file a notice of their claims in the office of the recorder of land titles for the district of Louisiana, now state of Missouri, this recjuisite bein,i»- now dis- pensed with by the act just mentioned. No one can know or even guess what number of claims exiist, nor is here any restraint on the former Spanish officers yet living to coin new concessions if they please to do it, if a Spanish registry is not a check and. requisite to authenticate them. r transmit to y(ui a pamphlet containing an argu- ment which I delivered before the District Court of the U. S. two y(^ars ago in a case where the heiiis and representatives of Antoine Soulard are plaintiff and the r. S. defendants. It will be seen that Soulard staled on oath that he had a concession for 10000 arpens of land issued by Zj'uon Trndeon, lieutenant governor, «!<:(•., that he lost it by accident he proved by the testi- mony of Lassuvss who had been lieutenant governor since at the same ])ost. That he, Lassiiss saw the said concession and read it in part, &c. No such concession was on the Spanish register, nor mentiomnl or noticed in any public document. An issue was made upon the existence of the concession. The verdict of the jnry was that such a concession had existed. The court has since decreed against the claim on the ground that the officer who issued the concession had no authority to 259 do it, &o. Since tliat time, a letter in the handwriting of Antoine Soulard and under liLs own signature has been found in the recorder's office. It was addressed to the land commissioner in 1806, wherein Mr. Soulard formally declares that he claims no greater quantity of land in his own name in Louisiana than about 4000 arpens. It appears that about the same quantity has since been confirmed to him. That letter stands in con- tradiction to the existence of his pretended lost con- cession, and to the testimony of his friend Lassuss. I have cited this circumstance in order to give you a specimen of the fraud that may be unblushingly prac- ticed on the U. S. For my part, had I been judge in that case, I should not have admitted the suggestion of the loss of an unregistered land concession, nor even the concession itself as legal evidence, because an unreg- istered concession is destitute of the character of authenticity, and because the requisite of Spanish reg- istry is the only check to prevent coining of conces- sions ad infinitum. The former lieutenant governor, Lassuss, is himself a claimant for a large quantity of land. He is at hand, and should it be finally decided that an unregistered concession is a legal evidence of right, nothing but his conscience or honor could prevent him from issuing as many more concessions as he pleases. The early habits and education of the officers of a despotic king are far from being the best security of their respect and devotion to the interest of a repulican government. I am, sir. Very respectfully, &c.. 260 St. Louis, February 8th, 1827. Ki ell a id Kuvsh, Sir: — Without sition.) The St. Louis Enquirer of informed the« public that such a dinner had been given and regaled us with the toasts which were drank th«Mi, but an agre- gious mistake was made in stating that the toasts were drank at a dinner given in testimony of respect, &c., 262 by t\w eitizcus of St. Louis. It is cvidciil that these \v(»rhths of a (h)llar per arjx'nt, one-third iu hand, one-tliird in one year fiom the date of the sale, the other third in two years. 1 have i)urchased myself at the February sales a fractional part of the section, No. twenty in towniship No. forty-uine, adjoiuin chaiactf'i'. I am an utter Nti'an<»('r in voiir state. You ai'e anions the very few with whom 1 can make th\s a]>i)li(a(ion. If in any manner whatever, I could be of any service to you in the part of the country which I inhabit, you may contideutly make use of me. I am, Kespectfully, J. B. C. L. Nov. 22d, 1819. K. Smith, Cashier Bank U. S., Sir: — 1 have received a copy of your letter to the Secretary of the Treasury bearin<» date the 7th of Oct., 1819, which reads thus (here follows the letter) believ- ing that as since last 3'ear the Bank of the U. S. had ceased to pay the notes of its branches, the arrange- ment which I had made with you could not be con- veniently carried into effect I .supposed that the only way left me to do was to draw upon the Treasury- of the U. S. which I accordingly did. My draft was protested and the reason given foi it was that my salary for the two tirst (juarters of the year had been i)ai(l into the hands of my attorney at Washington. In your letter to Mr. (roford you state that my first quarter's salary has been drawn by you and placcsumed lately their wanted activity. They have ])etitioned the presidf^nt and have procured thereby a special recom- mendation of their claims in lii.s message to the two houises at the commencenient of the ]>resent session of rongress. It is obvious that this recommendation was anticipated by an Act of Congress entitled "An Act Enabling the Claimants to Land in the State of Mis- souri and Ty. of Ark to Institute Proceedings to Try the \'alises of the security of their titles if they are i^ood, but fnun the ojtportunity I had as a former land commissioner, I am well satished tliat withciit faxor and a donation in dis- ".'.uise, the claimants are undone and they know it da well as I do. They depend upon their perseverance anroiure the passage of a favorite bill re- l)orte(l by another committee (»n public lands on the 10th of Feby., 181S. Let me observe to you that this last bill contains all the aberrations of the act of the 12th of April, 1S14, entitled "An Act fages of the appendix to the Land Laws, being a comitilalion made, as 1 believe, under the direction of Mr. Galatin. JNO. B. C. LUCAS. 275 p. S. — I have directed to you a number of the Missouri Gazette, wherein you will see under St. Louis head, copy of one of the electioneerinij; hand bills of our dele- gate, John Scott, by which it ;ii)pears that he has many land claims not contirmed. If he can have them con- firmed, his fortune will be colossal indeed. St. Louis, Jan. 4, 1822. John W. Taylor, Sir: — Althoujih I have not the happiness to be per- sonally acquainted Avith you, I have nevertheless pre- sumed to write to you from what I deem to be urgent necessity. By making enquiry from Doctor Eustis from Massachusetts or others you will soon be able to know who I am. Lest you should not be sufficiently iufonned of the defects of the Spanish land claims in the State of Mis- souri which remain unconfirmed; lest also you should not be sufficiently aAvare of the artful means which have been heretofore used and will no doubt be used again during the present session of Congress to procure the passage of an act for confirming the same, or for putting them in a proper train for confirmation, permit me to observe you that by the 4th section of an act of Con- gress of the 8d of March, 1807, the Board of Commis- sioners, — (The residue as in letter to Walter Lowrie of December 21st, 1821, except Avhat relates to C. Lucas; except also, what relates to pretensions of seat in Senate, is omitted. Yours, &c., 276 St. Louis, April 5tli, 1822. J. W. Taylor, Sir: — I wavS abss, I had three important objects in view. The 1st was to leave it entirely to the judiciary to decide when the French or Spanish authorities had ceased to have the power of gTanting laud. It i^s evident to me that the bill ac- knowledges the right of granting land four years aud four months after the S])anish gov(aument had parted by the treaty- of St. Ildepliomso with the right of domain. 2d. Not to let Congress give a\v;jy laud under color of confirmation on which many families are actually settled; on which they have spent their strength and their means and to part of which they have a right of pre-emption, whenever they will be offered for sale by the U. S. 3d. Not to let claims not entered for record in the office of recorder of laud titles, and, of course, having no known character of claims against the T^. S. 1 say not to let t^uch claiuis come undei- tlie notice and juris- diction of the District Court. The la\v,s providing for adjusting and quieting claims to land, required that an entry should be made of a notice of such claims and written evidence in su])])ort of the same that none but claims thus recorded should be acted upon by the commissioners and all claims not recorded should be barred. This indirect way provided in the bill of pe- titioning before the District Court for claims duly en- tered on the Spanish registry would open the flood 278 gates of fraud. This Spanisli registry is well known to me. It is intended to be made Jiny thing of, and no ealeuhilion can be made of th«' number and extent of claims that will be brought if the provisionis of the acts of Congress whieli bars all claims not duly recorded under the several acts of Congress are revoked or done away. I should submit 3'ou many more remarks did time allow. Respectfully, &c., St. Louis, December 20th, 1822. Hon. .John W. Taylor, Sir: — Although the land bill which originated laist year in the Senate was vi'vy favorable to claimants, nevertheless their case is so desperate and their pre- tensions so high that 1 am well convinced its provis- ions are not Lsutticiently aujple to (juiet their apprehen- sions. From these 1 am induced to believe that the delegation of Missouri did think it impolitic to have it past through the House of Kepresentatives last session. I am persuaded that they have not given up the hope of being able to have another bill presented and passed aX some unguarded time this or next session, which will refer the claims to a Board of Commissioners, for they dread nothing so much as an investigation before a court of law. Permit me to remark that notwithstanding the cau- tion and care ])laiuly observable in the last bill of the Senate on that subject. It contains two dangerous departures from established principles. The first is an acknowledgment that the Spanish commandants at St. Louis could issue concessions until the 10th of March, 1801, whilst the province of Louisiana was 279 ceded to the U. S. in the .same extent and with all the rights the French had acquired by the treaty of St. Ildephonso of the 30 of September, 1799, whilst also it giveis effect to acts done by the Spanish officer.s after their sovereign had surrendered the right of domain and the actual sovereignty. The second goas to em- brace not only the claims recorded but tlio,se also that are not. Nothing appears to me moic^ jn-oper than to declare that no claim predicated upon a concession pos- terior to the date of the treaty of St. Ildephonso ought to be taken notice of before the court or if not the ques- tion \\ hen and b}' what officer can be issued, ought to be left entirel}' to the court. It is beyond doubt that the office for recording; the written evidence of the land claims has been open long time and repeatedly too, that the obvious object was to ascertain tlie quantity of claims, and check the introduction of new written documents, and thei-e is an evident danger in opening a door to claims unknown and uncertain. It appears by unquestionable documents that Thos. H. Benton, senator from Missouri who was one of the directors of the Bank of Missouri when it failed, is indebted to the bank to the amount of .fl^OOO. That he is much in- volved and, no doubt, to a much greater aimmnt than he is able to pay, hence his desperate situation will make him exert all his power to obtain by one mean or other the passage of an act favorable to the Spanish land claims. He was the agent and counsel of many of the Spanish land claimants before he was elected to the Senate, and I am persuaded that he lias a great interest and share in them and owes his election in a great de- gree to that circumstance. Respectfully, J. B. C. L. 280 St. Louis, Janv. 10th, 1823. Hon. John W. Tayh)r, Sir: — Soon after I had received your letter of the 13th of February, 1S22, too^ther witli thr bill which had ori«;inat(Ml in the Senate, entitled "A Bill to Enable the Ilcddens of Incomplete French and Spanish Titles to Land, &c., in Missouri to Institute Proceedings to Try the validity Thereof, iJcc.", I submitted in my letter to you of the 5tli of A])iil, L'*<22, souu' remarks on the dan- i;ei(ius tendency (if the same bill and at the same time suggested some amendments. 1 undei\stand that this bill received several amendments before its tinal pas- sage in the Senate. 1 don't know what they are, but as they were not made nor advocated b}' Mr, Benton, I make no doubt bnt that they are unfavorable to hivs views. It api)ears that the bill did not suit Mr. Scott ais he has inti-oduced amendments before the select committee which must have been material and little acceptable to the house, for it seems that the bill did not progress since. I am inclined to conjecture that Messrs. Scott and Beutttu thought it necessary to appear to do something on the subject in order to amuse the land claimants at home with a semblance of imlustry, but that neither of them were satistied with a bill, how- ever apparently advantageous, which contains the prin- ciple of reference to courts of justice, for let me repeat to you that not only their best claims are (\ssentially dehcient and lanu', but most all of them are mere shadows. They have not excn a legal incipiency and cannot be carried throngh but by a leger de main, which might be accomplisluMl l)efore a P.oard of Com- missioners, but never before a Court of Justice. No doubt but Mr. Benton is as busy as ever in order to carry his point this year. His best hopes of political 281 infliienoe and wealth rest upon his success in the land claims. He wa.s the leading anient and counsel of the land claimants before he had a seat in tlu- Senate. It was chiefly tlironj;h the influence of the Spanish land claimants that he was elected. I know that n.s their agent tlie best part of his compensation was contingent. It depended upon the confirmation of the land claims. I firmly believe that be has now a considerable share in them. If he don't isucceed, his situation will be des- perate for he is greatly in debt. He was one of the directors of the Bank of Missouri when it failed. He indefatigably puffed the credit of that institution until he succeeded to induce the Secretary of the Treasury' to have dejxtsits made in it to the amount of |152,000. It having been found out that all the directors were the princii)al debtors of the bank and had assigned since it istoi)ped payment, great part of the rights and credits of tlie bank to a man notoriousl}' insolvent, the District Court for the state of Missouri has, at the suit of the U. S. app(»inted trustees to iiold the remaining property of the bank and attend its concerns. I have stated you this in order to satisfy; you that Mr. Benton is in a desperate situation that you may alarm your friends in the Senate and Hou.'^e of Representatives. As to Mr. Scott, he is under the direction of Mr. Benton. He is his echo. Be so good as to inform me briefly of the course which is pursued this year on the land claims in Missoui'i and send me the bill tliat is reported on that subject. Yours, &c., 2^2 St. Louis, December 15, 1823. Joliu W. Taylor, Sir: — Dry and uuj^ratifyinn to llic iniiid as the subject (tf llic Spanish land claiiius ivS, I have n<'v<'illi(dess re- pea t(Mlly wadt'd tlirouiili il in ordci- to alarm llic rep- resentatives iu eonj;ress an Mr. Benton from the committei^ on i)ublic lands, the importance of the snbject however and the unaccount- able de])artnre of the Senate from the course they had taken before in i)assing such a bill is really alarming and reqinres all the vigilance of the house of repn^sen- tatives. Mr. Benton is one of the most artful] men 1 know of. After having indulged in every abuse as editor of the St. Louis Enquirer against every member of congress opposed to his views and wishes whilst the Wm's question was pending, and particularly the mem- 286 hers from the free states iu lieneial. I inferred tliat by (lint of liyjKHrisv and affected blandess he has suc- ceeded jji (>l>iuated there. Mr. Scott ouiiht to be ask(Hl whj lie don't call np the^e bills; he is the mere echo of Mr. Benton and he will tell you all what Mr. Benton will jiive in char*>e to say. These two iientlenien dread aw much a referrence of the Spanish land claims to the jn representatives, it certainly could not be without ma- terial amendments; not less tlian two commissioners ought to be added to the recorch'rs, with an agent to cross-examine the witnesses of the land claimants; to rebut their testimony by other testimony; to meet their arguments, etc.; to inform and check the commission ers; the congress has pursued a ruinous economy in legislating on land claims and particularly so in the act of the 14th of April, 1814. entitled An Act for the Adjustment of Land Claims, etc. Voii will not suspect, T ho])e, that I suggest the creation of ottices that I may have the chance to fill one of them. I was, not more than four or live months ago, appointed one of the commissioners to examine the titles and claims to land in west Florida, and I declined the a])pointment; and even now I am decidedly of opinion that the last bill ought to be negatived and that the reference to the judiciary ought to be insisted u])on as a principle of legislation, safe and consistent with the o])inion of a great nunn- former members of Congress who had bet- ter opportunities of being acquainte^l with the sub- ject than the present ones. 288 I should not have entered into these long and per- haps tedious details was I not solicitous that my vself- denial of all o])portunities of sharing in land siH'cnla- tion and the .sacritice I have made of my peaee and IKipiilarily logcllicr \vi(li my otticial labors should be ]»i(i(lii(tiv(' (tf some benefit to my country. I am respectfully, P. S. — Mr. Scott ought to be particularly watched towards the en thing- so much as to have these claims referred to the jiuliciaiT. Mr. B. ls now in earnest. The land claim- ants had such good terms with the recorder of land titles under the act of the 14 of April, 1814, that thej feel the greatest encouragement to have again their claims referred to the same tribunal. They had mort* than 500,000 acres of land confirmed bv that officer without law or shadow of it. True it is that by this bill nothing but opinions are given, but it was so too under the act of 11 of April, 1814, and these opinions received the sanction of Congress. This bill far from pursuing the memorial of legislature stands in direct opposition to it. The legislature prays for a prompt and speedy decision of the claims. The bill provides for obtaining opinion. The Congress is in possession of the reports of three commissioners which contain their opinions. This is doing over the same thing for the third time. This bill ought to be negatived and the House of Representatives ought to act upon the bill which is on its file on the subject, and in referring at once the claims to the judiciary, matters will be brought to a conclusion and tlie end and purpose. of the memorial will be answered. Whole counties are in- tersected by the large land claims. Communications are obstructed or rendered very difficult. The sooner these lands will be finally declared either public or private property, the sooner these evils will be removed. It (mght to be remarked that there are several actual settlers on those tracts not knowing at the time of their settlement that these lands were claimed by individ- uals. If these lands are declared public property they will be entitled to a right of pre-em])tion which will se- cure their labor, their shelter and place of their choice to themselves and numerous families, if not they will 290 be luiued and put in a desperate situation. The strange expression of the bill, to-wit: what claims in his opinion are enlilled to the indulgent consideration of the gov- ernment of the U. 8. present an inconsistency. Such indulgence might prove very treacherous, for whilst large tracts of land would be given away under frivo- lous considerations, the actual settler would be be- reaved of the benefit of right of pre-emption although never so willing to pay the accustomed price of the land. Respectfully, &c.. Jany. 27, 1824. fWaj' mail letter.) J. W. Taylor, Seeing from the proceedings in Cong, that the act regulating intercourse with the Indians will probably be revivsed and amended, permit me to state to you that so long as licenses will be granted to trade with the remote Indians, as is provided by a subsequent act, the practice of traping by the white will continue. Hostilities and pillage by way of retaliation on the part of the Indians Mill also continue. If the british have the good will and preference ujMtn us in trade, it is be- cause they cariT it fairly. They leave to the Indians exclusively the rights and benefits of hunting and trap- ing Should a military force be posted higher up the Missouri the points of contact would increase in the ratio of its further advancement and tho c(tnsent should the jcad- inj; principles of the bill be retained, to-wit: the refer- ence to the recorder. Th<' <;reat ini])<»rtance of the sub- ject as it matters to briuii clainus to a great and valuable quantity of land to a final decision requires the best Liuard and caution in the mode of ])roceediug. Nothing is nioi-e ruinous some times than an im])i-oper economy. 1st, 1 think it would be projjer to add two commission- ers to the recorder with such salaries as to induce in de])endent and res])ectable men to accept. There must be men above the temptation of bribes, firm and proof against cajoleries and threats. 2n(l, Power ought to be given to summons witness in behalf of the V. S. to compel their attendance, to answer to proper questions and of course the commissioners ought to have the power to order the maishall of the distiict crmrt of the U. S. to attend their sitting, to execute their process and to make return. 3r(l. I'he district attorney ought to be directed to appear before the board and give attend- ance in order to cross-examine Avitness of land claim- ants, procure testimony in behalf of U. S., to rebut, etc., to argue on the most important occasions, to file hisi exceptions to the decision of the board and have them 297 insertofl in tho report of the commissioners and in order- that Coni»Tess may affirm or reverse from proper data. 4th. Tile commissioners ought to be directed to liead the report of each class of clainus with an abstract of the laws of France and Spain respectively, re<>nlatiujT; the mode of <• ranting land, with their leading reasons for confirmiug or rejecting nnder those laws. Unles>s such a thing be incorjxtrated in the bill, the power of congress will be a check merely nominal, for want of authority to exercise their discretion by. Respectfully, Substance of Power of Atty. to George Tompkins, Esq., Datetl 16th Nov., 1819. To sell a certain tract of land of the estate of Charles Lucas in Howard County, six miles from Franklin, con- taining six hundred arpens of land, more or less. The same tract which was granted to Gabriel Dodie by Charles Dehault Delassus, Lieutenant Governor, &c.. on the following terms, viz. at the rate of one dollar and 5/8 of a dollar per acre, payable one-third in hand, 1/3 in one year and 1/3 in two .\eai-s, all the payments to be made in money receivable at the land offices of this ter- ritory at the times of the payments, &c. Certified before J. Charless, J. P. 16th Nov., 1819. G. Tompkins, Having received an offer from Mr. Joseph Simpson of your county for a tract of land six hundred arpens originally granted to (manuscript destroyed) not acceded to our terms in <'very respect. Perhaps it may appear to you expedient to advertise it in the In- 298 tellijionro for sale. You will use your (ILseretiou ou that iMiiiit. We iucliuc, however, to sell it iuuuediatelj upon the terms nieutioned in the power, if you should not see very fair j)rosi)eets of eiTeetiu<» a better sale very soon. We wish that you receive no money in payment but such as may be i»ood in the land olTices, or, if possible, such avS would be bankable at the bank of Missouri, as that int^titution governs the currency for the most part in this town. 1 am also disjiosed to sell the fractional cpiarter section which 1 bou«»ht ad- joinin«j; it, upon the same terms T uot it for. If you ishould tind sale for it please adviise me of it in order that I may <>ive 3'ou the necessary power to sell it which want of time prevents me from doing now. I should be glad to know when my demand against Moyan will be recovered. Any other information respecting our property in your quarter which (manuscript destroyed). Dec. 15, 1819. G. Tompkins, 1 send a (••py of the deed to C. Lucas from John E. Allen. I shall isend the original by the first safe oppor- tunity, to be recor- Is said in the ])o\ver of Atty. of the fraetion for which I have a eertiticate, whieh is adjoininj;- the (500 arpens. I am still willing to dispcMse of it for the same price that 1 am bound to pay for it. January fith, 1820. George Tompkins, Sir: — We received a few days ago, a letter from Mr. Marcus Williams informing us of his sed to him, as appears by the fol- lowing copy of letter which I received from him. (Here follows the letter.) We wrote you an explanatory letter on this same subject in order to show you that a mistake was made 302 in the power of attorney and in order to enable you to carry into eifert the real aiArcemcnf between ]\rr. Simp- sou and us, aud we now write you this to eiiabl«' yon to repel any reflections which may be u\:u\i' in conse- quence of this mistake, and also to repeat our willinj^- uess still to carry into eftect our plain and real aj»ree' UH'ui with Mr. Siiui)son if he chooses to adhere to it ats contained in liis letter above copied. JNO. B. C. LUCAS. July 19th, 1820. G. Tompkins, As you will have the opportunities to converse with Mr. Wallace and other «>entlemen of the convention, and hear of them the various incidents worth to be noticed, T shall contine myself to statinj; vsimply that I aud Mr. Hunt are [)erfectly agreed to join with the other proprietors of the town of Boonville to make a donation of a lot of ground in the same town of Robert Wallace, Esq., as a compensation for the trouble and expense w liidi lie lias been to aid in having the seat (tf justice tixed at that place, relying entirely on your dis- cretion and esteem. 1 beg leave to iufoi'ui you that 1 have thought be useful in tilling a seat in the Senate of the U. S. If you are of the same opinion, 1 hope you will be so good as to use your influence to that purpose. 1 hojie I shall have the phMsure to see you in tlic^ legis- hilui-e. I e.\j»ecl to be o])posed iu my ])reteusious by the Sjiauish land claimants aud their avssociates. My sole dependance rests upon those that pursue the inter- est of the couutrv in general. 1 am, &c., J. B. C. L. 303 St. Louis, April Ttb, 1821. Georj;e Tompkins, Atty. Dear Sir: — Your two letters have been received, the Ist dated 2Tth February last, the other 17th of March. Mr, Boonsfidd called and intimated a wish to undo the bar<;ain wliirh Mr. v^im}>smi Iuim made for him. Tliis induces me to suspect tliat the difficulties which he now makes do not arise from an opinion of the insufficiency of the title, but because ho is displeased with liis bai- liain under other considerations. I send you by (*(d. IJuckhait tlic oiiiiinal deeds of John E. Allen, and as it has not been recor«led you will be so j;ood as to have that done before you deliAcr it up either to Simpson or Roonisfield. You will also bt: so good to take a receipt for tlie same. I send y(ni also by the same luuid a certified exempli- tication of the letters of adminiNti ation which you de- mand. I enclose you likewise a note under seal from the 3d, Joseph Simpson for |325 for the use and benefit of the representatives of C. Lucas, deceased, which is now due, and which you will be pleased to collect a»s soon as possible. I am, Respectfully, &c.. St. Louis, May 1st, 1822. Geo. T(jmpkins, Dear Sir: — Having received, directly and indirectly, great encouragement to become candidate for Congress since I had tlie pleasure of seeing you last, I have strong reasons to believe that I should be acceptable as such t(/ a majority of the people, nevertheless I have no pri- vate object ill view, not even the expectation of better- ing my political standing. I will not stand a poll un- 304 less the stroniiest probabilities of success are on my side. 1 therefore beg leave to request 3^011 to tell me frankly your opinion or your nuess whether it be near or distant of the support which I may expect within the county wliere you reside. The oj)inion which you and other friends to whom 1 have math' similar applications, will impart to me on thi.s subject will have i;reat weight on my futuie deter- mination. You are, no doubt, aware that my sole de- pendancr for su]>port would be on those who have no interest variant from that of the ])ublic. The favor of your answer is ex])ected as soon ais may be convenient. I should have been more explicit with 3'ou when I was at Franklin if my views had been as distinct a.s they are now. I also felt a great delicacy on tho <»((asion, and even at present I beg of you to understand that whatever 3'our opinion may be, I ishali consider it as being entirely distinct and independent of your own clioice. Dear sir, I am, Respectfully, &c., • ■ St. Louis, Augt., 1823. ( teo. Tompkins, (Letter requesting him to inform me of what has been the dividend obtained for the b(Mietit of C. Lucas out of the Cvstate of Assa Morgan and also to notify Patten and (^leveland that having paid for one subscription, I stop taking their paper, not because I am displeased, but because 1 am n(H-eSisitated to curtail expenses, &c.) Respectfully, 305 St. Louis, Jany. 11th, 1826. John Vaugel, (Inform him that Coles paid no money to me. White Butcher in possession of the house. Shattle prove part- nership with Fry in both houses. Spalding says it could not be proven that Shattle had in hand any part- nership property. Wish to liave two laborers. Glad and thankful if Yaugel can procure them. They ought to come not later than 1st of April. The sooner the better. Joseph W^alton. (Answer to about renting farm where Williard now lives.) Feby. 7th, 1826. Isaac Van Nortt, (Answer to, concerning a young lawyer wishing to have opinion as to best place to locate himself south of this. Advise him to go to Arkansas, &c.) St. Louis, September 4th, 1818. James Vanuxem, Dear Sir: — Your favor of the 30th of June has come to hand some days past by which you inform me that a ^Ir. Wm. Robinson paid Mr. Clark of the firm of Van- uxem and Claik, |2T2.72, which Mr. Barnet, consul at Paris, desired him to pay to you fs. 1500 which he re- ceived from Mr. Laurent of Kouen for my account. In pursuance of this iuformation I have drawn on Van- uxem and Chirk of Philadelphia in favor of Kerr & Bell for the sum of two hundred and seventy-two dollars, by my letter of exchange, -dated St. Louis, Augt. 22d, 1818. 306 Owiuj; to an extreme pressure of public business I have delayed longer to write than I did wish. I should have been very hajjpy to see you at Morisville. It was late in the eveniuii when Mi'. DuitoixM'an informed me that he had vseen you the same day. 1 had then made my arrangements to leave Philadelphia early next morn- ing. I repeat you my thanks for the trouble you are at on my account. I am, dear sir, Respectfully, &c., J. B. C. L. James Vanuxem, Evsq. St. Louis, September 13th, 1817. General Walton, (Letter to, thanking him for liis politeness to Charles; introducing James and requesting him to advise him in the purchase of a horse. Informing liim that probably T shall call next fall or winter at his house.) St. Louis, Feby. 3d, 1817. Thos. Wilson, Dear Sir: — I intended to write to you by one of my sons who left this place in the latter part of November last to go to visit Washington and some other eastern cities, but tlirough the hurry of his departure, my object has remained unaccomplislied until now. I regret to have missed the o[»itort unity of procuring him an inliodm tion to you. Probably you remem- ber to iiave seen Alexander McNear at Washing- ton about two years ago. He was so successful then as to be appointed register of the land office for the ter- ritory of Missouri. He had the policy when he left 307 Pennsvlyania about two years ap,o to leave also behind bis federal character, and make his appearance in this territorT as a zealous democratic republican, but if he has not preserved consistency in politics, he is still the same as to his intolerant spirit and tyrannical dispo- sition. He has been at this hist election here as much intrijiuinp:, boistrous and overbearing as he ever was formerly at Lake Erie. It is singular, nay it is to be re- gretted that such a federal bully, unqualified under every other respect for the office he holds has been im- posed upon the government, whilst we have worthy and meritorious characters unemployed, probably several of whom would feel gratified and benefitted in having such a situation. I have written sometime ago to Mr. Josiah Meigs the commissioner of the general land office, and among other things I have given him a hint of the indecorous interference of Mr. McNear at the last election for this territory-, and taken the liberty of referring him to you for more particulars concerning the federal bullying character of 3Ir. McNear when he used to live in your part of the country. It is necessary, in my opinion, that his true character be known in Washington. It would be still much better had it been known sooner. I hope you will do me the justice to believe that I know loo well my situation to be any way active in matters concerning elections. I have even forborne voting. I rode out in the country on the day of last election and was the whole day absent several miles distance. I presume you have decided before this time on the disputed election between Messrs. Scott and Easton. I am well satisfied that had the underlings of the gover- nor let the people act for themselves, Mr. Easton would have had a majority of several hundred. 308 I make no doubt but that j^reat efforts aro makinp; to prfXMiro the passni^c of an act in Coinji7*ess in favor of the fhiinus remaining!, nncontirnied for hind situate in the territory of Missouri. I remember that you asked my opinion about the merits of a bill on the vsame sub- ject that ori«;inated in the House of Kepresentatives whilist I was last at Washington, and which was after my departure generally postponed in the Senate. It wa.s then of no use to give it for at that time the bill was passed. If any bill on the same subject has been reported this year, it is presumable that it pursues the same prineipleis; in this ease nothinj> can be more preju- diciable, nay, more ruinous. I could not give you the reasons of my opinion on this subject without entering into details which could not hud room here. Let me only observe you that the act of congress for the final adjustment of land titles in the state of Louisiana and the territory of Missouri, dated April 12th, 1814. has departed from the fundamental principles governing all acts heretofore passed on thai subject, the first of which is in 1804; the last in 1812. That this innovation vir- tuallj' covers all antidating and fraud, that it operates as a wedge to introduce the residue of claims uncon- firmed and produces over-reaching effects. It impairs materially the right to the domain acquired from the French government by the United States which the treaty of Paris declares to be in the same extent and such as it existed at the date of the treaty of St. Ilde- fonso. The interest of claimants to land here has been much extended beyond its former limits by a multi- plicity of sub-division^ and transfers. Its force and weight has more than proi)ortionately increased. I live 309 in the middle of them, this eircnmstanee ur«5es me to re- quest you to consider this communication as confiden- tial. Respectfully yours, J. B. C. L. St. Louis, March Gth, 1826. Wm. Wirt, Sir: — L<^st a printed isketch of an argument which I have delivered before the District Court of the U. S. for the state of Missouri in the case of Antoine Soulard vs. the U. S., should ha^ e been miscarried, I enclose yon another copy. To the reasons stated in the preface thereof for taking part in that argument I shall merely add that as neither my father nor myself bled or suffered for the attainment of tlie independence of the U. S. it is but just that 1 should make up the deficiency of desert on that score by using every endeavor to serve the country and Sixve me as well as my posterity from the reproach of being iutruder-s or political parasites in the American family. Considering that the case now before the Supreme Court is not only important in itself, but involves prin- ciples common to almost all other Spanish claims, I have thought it might be of some utility to submit to you a few additional remarks. The counsel of Antoine Soulard having assumed that the concession of his client is recognized and protected as entitled to confirmation at least to the extent of a league square by the laws of Congress heretofore made on the subject of such titles, I have committed an error at the bottom of the 22d page of my argument in the fol- lowing. I know of no acts of Congress on the subject of French or Spanish land claims that do not refer to 310 the laws of the governnient from which they are derived but the act of the 12th of April, 1814 althoiioh this act may dispense with vjirious requisites known to the Spanish laws. The 1st Section provides thus, that every person or persons or tlie leo-al representatives of any peiwon or persons chiiminjj; land in the state of Louisiana or the Ty. of ^lissouri, by virtue of an incom- plete French or Spanish grant or concession or any warrant or order of survey which was granted, «S:c., &c., or actually located or surveyed, Siv., «S:c., by a surveyor duly autJu)rized by the government making vsuch a grant, such persons shall be, and they are hereby con- firmed in their claims. Admitting for the sake of argu- ment, tiiat the act just quoted, may operate upon claims other than those which have been reported by the gov- ernment and finally confirmed by Congress, — yet it can- not apply to the present case, as it has been made out in my argument Simon Trudeon had not the power to issue a concession for any «iuMntity of land and if he had it could not exceed the quantity mentioned in Gen. O'Reilly's regulations which was limited to six or eight arpens by forty. The word, incomplete Spanish grant, lose as they may appear to have a definite meaning, it cannot be a Spanish grant unless it is issued by the proper Spanish officer or otherwise an officer legally authorized for that purpose, it must necessarily have a legal incipiency. It must have been surveyed by a surveyor f about 20 years of a.uc k la ted without any appearance of un- easiness remorse or shame a full history of a theft which he had lately committed in a store at St. Louis with circumstances that indicated that he was a per- fect adept as a thief. A certain Mr. Lee, a disinterested witness, was examined after, who contradicted an im- portant part of the testimony of (Jibbs which the said Gibbs on cross-examination had repeatedly asserted. It appeared from the testimony of (iibbs taken in the fore part of the day, that Mr. Zadi<; was in St. Louis when he committed the theft and assisted him in cou- cealinj; a part of the i>r(»perty stolen. It was after- ward proven by a resix'ctable witness that Mr. Zadip; had crossed the Mississippi ou the seventh of July in the morning to make surveys in the Illinois Territory and did return to St. Louis ten days after. This last fact was confirmed by (Jibbs on a second examination who declared at the same time that he had eommitted the theft on the seventh in the evening;. Thus an alibi was established in behalf of Mr. Zadii-. The testi- mony of (Jibbs havinu thus been contradicted by that of Mr. Lee, and bein<; also at variance with itself, inde- pendent of the consideration of Gibbs extreme turpi- tude, I considered his testimony to be destitute of any le.nal force or effect and accordin<»ly dischariied Mr. Zadiii from arrest. I considered Mr. Zadi.o- as a man much injurwl, perhaps ])ersecuted. He had been in- troduced and particulaily recommended to me at the city of Washington by a person of respectability, as a man of honor and liberal information. I continued to view him as such on further acquaintance. His char- 315 acter and vstandiDg- has not in the least been impaired in any mind by this unfortunate occurrence. J. B. C. L. Saml. Zadio-, Certiticate. This is to certify that having been acquainted with Mr. Samuel Zadi<; for five or six months, both at the citj^ of A\'ashin_nton, where he was particularly recom- mended to me by a person of respectability, as well as at St. Louis, his conduct' has always been so far as I know, that of a gentleman. St. Louis, 11th Sept., 1818. J. B. C. L. Four letters enclosing petitions against changing laws to try the validity of titles to land claimed under French and Si>anish concessions, dated sometime in November, directed to Robt. P. Clark, Geo , Stephen Glass Cook, David Jones. Since, Two letters not enclosing petition on subject of election to senate. Directed to Geo. F. Bettinger, Elisha Doctor Bettis. St. Louis, November 6th, 1826. (Circular or Petition to prevent, &c.) Dear Sir: — The intended memorial here enclosed will probably appear to you wanting brevity. I have en- deavored to compress the matter in as few words as possible, but there has been so much imposition prac- ticed upon both houses of Congress at different periods, that no less could be said to convince them of the neces- 316 sity to be uiiaidHd jioiunst anv cliaiiiio in the present le<»isUiti()n touceruiiiii tiie Fieiicli and Spanish hind (daims. I hope that the j-oo^l people of your county will be alive to the true interest and that the memorial will be oenerally subscribed. Should they not understand sut1i('i(Milly the whoh' subject, you will, 1 am pt-rsuaded, be able to ^ive them the necesisary exphuiations. Tliere may be vsome facts whicdi are not known to. you. All I can say is that there is nothiu«> inaccurately stated. That I drafted the memorial willi (he sole intention of benefitting tlie public, and that 1 make myself respon- sible for the trutli and correctness of all it.s contents. Permit me to sug.uest that after a competent number of signers Avill be procured, the memorial ought to be transmitted to Senator Barton. He is the chairman of the committee on i>ublic lands and I know he is fully disposed to promote the object of the memorial. Mr. Benton has taken with him when he left St. Louis a few day.s since, a petition fnnn sundry land claimants residing near or about St. Louis, to be presented to the president of the U. S. as related in the memorial his former report to the senate against the mennuial of the general assembly of ^lissouri, together with his sub- sequent conduct in the senate, shows evidently that he makes tlie interest of the jteople of Missouri in general, subservient to that of the Spanish land claimants. This petition was most i)robably put in train by Mr. Benton as lie was their counsel and agent before he was in the senate, and as he owes his seat cliietiy to the inllnence of land claimants, his acts in the Senate show that he is still their faithful agent. I am respectfully, 317 St. Louis, Nov. 23rd, 1826. Dear Sir: — You are so well acquainted with tl:e iu- terest of the State in general and iJarticularly with the local circumstances of the country you represent, that I hope you will be fully saHsfied of the propriety of cir- culatino for subscription anion*;' your constituents the draujiht of petition here enclosed. The facts it con- tains are notorious and cannot be denied, at any rate they are perfectly known to nie. I make m^-self answer- able fdi (heir accuracy. Neither Mr. Bent(m nor liis friends liavc ever atteni])ted to- justify the report he made of a bill contrary to the object of the resolution of the leoislatur»^ referred in the enclosed petition. There is no other way to account for it, but that Mr. Benton preferred the interest of the French and Spanish land claimants to those of the state in "eneral. If no other charge had been exhibited or proven against Mr. Ben- ton, this one would be amply sufficient to disqualify him to represent the state in the S'^nate. He was the agent and counsel of the French and Spanish land claimants before he was elected to the Senate. It was then generally understood that he had promise of con- tingent fees in land to a great amount. It is certain that the land claimants gave him all their support to have him elected to the Senate. His subserviency to their interest in the instance before alluded to strongly indicates that he is still their agent, though p<'rhaps secretly. Permit now to observe to you that it is high time to have a senator independent of the land claim- ants. ^Ir. Sc(ttt is avowedly a land claimant and has been always devoted to the service of his friends the other land claimants. He supported the bill which was passed in the house of representatives during last ses- sion, for confirming a claim to land to the heiiis of 318 Vallic. It is supposed that he has an interest in that elaim. H. Gyer is at this very day the counsel of a laroe number of land ehiiniants. Major Biddh', another l)retender to a seat in tlie Senate is the son-in law of John Mnllan[)hy u ho iis a land elaimant to a larj^e amount. Indeed Mullanphy miiiht as \v<'ll be voted in. Vou aie hap])ily sitnatht be safely selected as such. If, how- ever, you could not ol)tain all yon wish; it seems to me that either Scott, Biddle or Gyer would be mmh less objectionable than Benton. I am, Respectfully, &c., January 4th, 1827. Sir: — The wily and active agents of the Spanish land claimants in the state of Missouri having exhausted eveiy possible means in ('on<»ress t(» avoid a judicial in- vcstiuation of the land claims, have jit last advis<'d the claimants to ai)ply to the president of the V. S. for a recommendation of their claiuK^ (o ('oni»ress in order, im