ffect the Procurador of the Comun, named to put the party in possession, inquired into the merits and circumstances of the applicant; and if the grant was for stock farmers, it was customary to extend the concession to two, three, and four leagues square, according to the wants and merits of the claimants."

Answer of José Flores: That, having seen the answer of José Maria Mora, swears to the same facts; that he has been Procurador of the Comun of Nacogdoches, at divers times, and has put several claimants in possession under the decrees of the Lieutenant Governors and Commandants of Nacogdoches, according to the regula tions of the country, and that they are the same which appear in the titles of Pedro Dolet, Jaciento Mora, and others, that he has seen." Answer of Gregoria Mora:- That, having seen the answers of José Maria Mora, swears to the same facts; that he has been employed as Procurador in Nacogdoches, and that he knows the powers of the Commandants and Lieutenant Governors for the granting of lands within that jurisdiction."

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

To the third interrogatory, viz:

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

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

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

Answer of Juan Cortes: "concessions signed by the lieutenant governor or commandant, were always considered as perfect titles." To the fourth interrogatory, viz:

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

Answer of Samuel Davenport. "The neutral territory comprehended all the tract of country lying east of the Sabine, and west of the river Culeashue, Bayou Kisachey, the branch or Red River, called Old River, from the Kisachey up to the mouth of Bayou Don Manuel, Southwest of Bayou Don Manuel, Lake Terre Noir. and Arayo Hondo, and South of Red River, to the Northwestern boundary of the state of Louisiana."

Answer of José M. Mora. "I have no other knowledge of the neutral ground, as to its boundaries, but from the Rio Hondo to the Sabine river.”

Answer of Gregoria Mora. "In the years of 1794 and 1795, I collerted the tythes of all the inhabitants who lived, or who had stocks, West of the river Culeashue, of the Bayou Kisachey, of the Bayou Don Manuel, and Rio Hondo. and South of Red River, which were at that time. within the jurisdiction of Nacogdoches, and on the line of the province of Louisiana."

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

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

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

To the fifth interrogatory, viz:

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

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

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

Answer of José Flores, and Gregory Mora-their answer is the same as that of José Maria Mora.

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Answer of John Cortes. The quality of the lands in the neutral territory is generally" pero fertile."

To the sixth interrogatory, viz :

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

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

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

Answer of John Cortes. "The archives of Nacogdoches were carried of by the Royalist authorities, at the time of the invasion of 1812. I know that they were never brought back to Nacogdoches, but I am ignorant as to where they uow are."

No. 1. Henry Quirk, of the parish of Natchitoches, filed his notice claiming a tract of land lying within the late Neutral Territory, on the Bayou of the Three Prairies, being the upper settlement on said Bayou, bounded below by the land of Thomas Wilson, and containing 640 acres by virtue of occupation, habitation, and cultivation. on and previous to the 22d February, 1819. In support thereof, the following testimony was taken before the board, Louis Latham, and Josè Maria Mora, being sworn separately, say they know the land claimed in the notice; that it is situated as therein described; that said tract was occupied, inhabited, and cultivated by the claimant, by his living and growing corn, cotton, and tobacco thereon, on and previous to the year 1814; that said occupation, inhabitation, and cultivation, has been continued by the claimant since that period to the present time; and that the claimant's improvements on the tract claimed, may include between 25 and 30 acres." On this proof the claim in our opinion ought to be confirmed; accordingly, in the abstract, it will be found under the third class.

2d. 2. Louis Latham of the Parish of Natchitoches, filed a notice claiming a tract of land lying within the late neutral territory, situated on the Bayou of the Three Prairies, bounded above by Thomas.

Wilson, and below by William Davidson, and containing 640 acres; by virtue of occupation. habitation and cultivation, on and previous to the twenty-second of February, 1819. In support thereof the following testimony was taken, before the board. "Henry Quirk and Josè Maria Mora, being sworn. say they know the land claimed, that the same is situated as therein described; that said tract was occupied, inhabited, and cultivated, by the claimant, by his living and growing corn, cotton, tobacco and wheat, thereon, on and previous to the 221 February, 1819; that said occupation, inhabitation, and cultivation, has been continued by the claimant. since that period to the present time; and that the claimant's improvements on said tract, may embrace forty acres." Being of opinion this claim ought to be confirmed, it will, in the Abstract, be found under the head of third class."

3d. Antonio Le Rue, of the Parish of Natchitoches, filed a notice claiming a lot of land, lying within the late Neutral Territory; situated on the Bayou See, bounded on the West, by John Galmond, and on the East, by Francisco Galmond, and containing about one acre; by virtue of occupation, habitation, and cultivation, on and previous to the 22d February, 1819. In support of this claim, the following testimony was taken before the Board. Josè Maria Prosel, and Josè Strother, being sworn, severally, say, that they know the lot of land claimed in the foregoing notice. that the same is lying and situated, as is therein described; that said lot was occupied, inhabited, and cultivated, by the claimant and those under whom he claims, by living and cultivating vegetables thereon, on and previous to the 220 of February, 1819; and that said occupation, habitation, and cultivation, has been continued by the claimant. and those under whom he holds since that period, to this time." We are of opinion, this claim ought to be confirmed, and, accordingly, in the Abstract, have classed it with the third class of claims.

4th. Francisco Grammon, of the Parish of Natchitoches filed his notice, claiming, by virtue of habitation, occupation, and cultivation, on and previous to the 22d of February, 1819, a tract of land lyingwithin the late Neutral Territory, and situated on the Bayou See; bounded on the West, by the claim of Antonio Le Rue, on the North and East, by vacant land and containing 640 acres. In support of which, the following testimony was taken, before the Board. "Josè Maria Prosel, and Josê Strother. being sworn, say they know the land claimed in the foregoing notice; that the same is lying and situate as is therein described; that said tract was occupied, inhabited, and cultivated, by the claimant, by his living, and growing corn thereon, on and previous to the 22d of February, 1819; that said occupation, inhabitation, and cultivation, has been continued by the claimant, since that period to the present time; and that the improvements on the land may embrace about six acres." On this proof. we are of opinjon the claim ought to be confirmed, and accordingly, in the Abstract, have classed it under the head of third class of claims."

Henry Stoker, of the Parish of Natchitoches, filed his notice, claim

ing, by virtue of habitation, occupation, and cultivation, on and previous to the 24th of July, 1819, a tract of land lying within the late Neutral Territory situate on the waters of the Pedro, bounded on all sides by vacant land, and containing 640 acres. In support of which, the following testimony was taken before the board. Louis Latham and John Lum, being each sworn, say that they know the land claimed by Henry Stoker, in his foregoing notice; that the same is situated and lying as is therein described; that said tract of land was occupied, inhabited, and cultivated, by the claimant, by his living and growing -corn, and cotton thereon, on and previous to the 22d of February, 1819; that said occupation, inhabitation, and cultivation, has been continued by the claimant since that period to the present time, and that the claimant's improvements on said tract, embraces between twenty and twenty-five acres. On this proof, we are of opinion the claim ought to be confirmed, and, accordingly, in the Abstract, it will be found under the head of third class of claims."

6th. Latney Parrot, of the Parish of Natchitoches, filed his notice, claiming, by virtue of habitation, occupation, and cultivation, on and previous to the 22d of February, 1819, a tract of land lying within the late Neutral Territory, situated on the waters of the Bayou Bona Vista, bounded on all sides by vacant lands, and containing 640 acres. In support of the claim, the following testimony was taken before the board. "Louis Latham, and John Lum, being each sworn, say that they knew the land claimed by Latney Parrot, in his above notice; that the same is situated as is therein described; that said tract was occupied, inhabited, and cultivated by the claimant, by his living and growing cotton, and corn thereon, on and previous to the 22d of February, 1819; that said inhabiting, occupation, and cultivation, have been continued by the claimant since that period to the present time, and that the claimant's improvements thereon embrace between ten and fifteen acres." We are of opinion this claim ought to be confirmed, and accordingly, in the Abstract, it will be found under the head of third class of claims."

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7th. John Lum, of the Parish of Natchitoches, filed his notice, claiming, by virtue of habitation, occupation, and cultivation, a tract. of land lying within the late Neutral Territory, situated on the waters of the Pedro and Bayou Bona Vista, bounded North by Bodia Flores, West by Laplace, South by vacant land, on the Eastern boundary partly by Andrew Chamard, and containing 640 acres. In support thereof, the following testimony was taken before the board, Latney Parrott and Louis Latham, being each sworn, say that they know the land claimed by John Lum, in his (above) notice, that the same is situated as is therein described; that said tract was inhabited, occupied, and cultivated by the claimant, by his living and growing cotton and corn thereon, on and previous to the 22d of February, 1819; that said occupation, inhabitation, and cultivation, has been continued by the claimant since that period to the present time, and that the claimant's improvements on the tract claimed includes between eight and ten acres." We are of opinion his claim ought to