542 INDIAN LAND CESSIONS IN THE UNITED STATES [ethann. 18 



Tlie same idea appears to be embraced in law 18, lib. 4, tit. lii, given 

 above; also in tbe following sections in the " Regulations of intendant 

 Morales regarding grants of land:" 



24. As it is impossible, considering all the local oircumstances of these jiiovinces, 

 that all the vacant lands belonging to the domain should be sold at auction, as it is 

 ordained by the law 15th, title 12th, hook 4th of the collection of the laws of these 

 Kingdoms, the sale shall bo made according as it shall be demanded, with the inter- 

 vention of the King's Attorney for the Board of Finances, for the jirice they shall he 

 taxed, to those who wish to purchase; uuderstanding, if the purchasers have not 

 ready mone.v to pay, it shall be lawful for them to purchase the said lands at redeem- 

 able fiuit-rent, during which they shall pay the tive per cent, yearlj'. 



31. Indians who possess lands within the limits of the Government shall not, in 

 any manner, be disturbed; on the contrary, they shall be protected. and supported; 

 and to this, tbe Commandants, Syndics, and Siirveyors, ought to pay the greatest 

 attention, to conduct themselves in consequence. 



32. The granting or sale of any lands shall not be proceeded in without formal 

 information having been previously received that they are vacant; and, to avoid 

 injurious mistakes, we premise that, beside the signature of the Commandant or 

 Syndic of the District, this information ought to be joined by that of the Surveyor, 

 and of two of the neighbors, well understanding. If, notwithstanding this necessary 

 precaution, it shall be found that the land has another owner besides the claimant, 

 and that there is sufficient reason to restore it to him, the Commandant, or .Syndic, 

 Surveyor, and the neighbors, who have signed the information, shall indemnify him 

 for the losses he has suffered.' 



In 1776 one Maurice Conway, who had made a purcha.se on New 

 Orleans island from the Houma Indians, which purchase liad been 

 approved, asked of the Siiauish authorities an additional grant by 

 which he might obtain some timber land adjoining thereto. This was 

 granted by Onzaga with the following restrictions: "Provided it be 

 vacant, and that no injury is thereby done to any of the adjoining 

 inhabitants; to which effect he shall establish his boundaries and lim- 

 its; and of the whole proceedings he shall make a process verbal, of 

 which he shall make a return to us, signed by himself and the parties, 

 in order to issue the complete title, in due form, to the claimant." 



In carrying out the orders to mark off this grant the Houma chief 

 was taken upon the ground in order that he might see that the lands 

 of his tribe were not encroached on. 



It does not appear that the Spanish government at any time adopted 

 the policy of purchasing the Indian title, though clearly and distinctly 

 recognizing it, to the lauds they occupied. It, however, seems to have 

 been a rule that the Indians should be compensated for their village 

 sites and lands in actual use which were taken from them. This, how- 

 ever, was done usually by granting them other lands. Grantees were 

 usually the purchasers of the Indian title where it was deemed neces- 

 sary that this should be extinguished. 



The foregoing laws and ordinances applying generally to the Spanish 

 possessions known as "New Spain " were, of course, equally applica- 

 ble to Louisiana and Florida and other portions of territory acquired 



■Laws Belating to Public Lands, 1828, pp.S34-985. 



