xt7xsj19m58q https://exploreuk.uky.edu/dips/xt7xsj19m58q/data/mets.xml Kentucky. General Assembly. 1808  books b92-140-29331581 English A. & G. Way, printers, : City of Washington : Contact the Special Collections Research Center for information regarding rights and use of this collection. Innes, Harry, 1752-1816. Sebastian, Benjamin. Kentucky History 1792-1865. Southwest, Old History.Rowan, John, 1773-1843. Mr. Rowan's motion  : for an inquiry into the conduct of Harry Innis district judge of the United States for the district of Kentucky. text Mr. Rowan's motion  : for an inquiry into the conduct of Harry Innis district judge of the United States for the district of Kentucky. 1808 2002 true xt7xsj19m58q section xt7xsj19m58q 

     MR. ROWAN's

          MO TION,






            FOR THE


MARCH 21, 1808.

Ordered to lie on the table.

A. c C. war, PRiN2sEAS.

:           -     -

 This page in the original text is blank.



     RESOLVED, That a committee be appointed
to inquire into the conduct of Harry Innis, district
judge of the United States for the district of Ken-
tucky, relative to his having, whilst in the tenure of
his office aforesaid, been party or primy to a project,
on the part of Spain or her subjects, to dismember
these United States. or to the seduction of the state
of Kentucky from this union; or relative to his hav-
ing been party or privy, during the time aforesaid, to
a project of France or her citizens, to embroil these
United States in a war with Spain, or relative to his
having illicitly corresponded with both or either of the
governments aforesaid, or their subjects or citizens,
upon one or both the projects aforesaid; or relative to
his having known and concealed from this govern-
ment one or both the said projects: and that the said
committee have power to send for persons, papers and
records; and that they report whether in their opinion
the said Harry Innis hath so acted relative to all or
either of the subjects aforesaid, as to require the
interposition of the constitutional powers of this

 This page in the original text is blank.


           Fv4EfRT, FwriV          g7, 1808.

        BY direction of the legislature of this state,
I haye the honor of enclosing to you a resolution
respecting the honorable Harry Innes; the copy of a
letter from Joshua Barlgwe to said Innis, and a copy of
the report of the select committee appointed to inquire
into the conduct of Benjamin Sebastian, to which you
pre requested to give your attention.
           I have the honor to be,
             With due regard and consideration,
               Your obedient servant,
                 CHRISTOPHER GREENUP.
don. JAso ROWSAx.

I-          i


                         FEBRUARY 17, 1808.

Resolution respecting the honorable Harry Innis.

       WHEREAS the house of representatives did
at the last session, appoint a committee to examine
into and report on the conduct of Benjamin Sebastian,
one of the judges of the court of appeals of this state,
in relation to the said Sebastian-being a Spanish pen-
sioner, while holding his office aforesaid, in which re-
port there were circumstances implicating HARRY
INNIs, a district judge of the court of the United
States in and for the Kentucky district, as detailed by
himself when called on as a witness on the part of this
commonwealth against the said Sebastian, and these
circumstances in the conduct of the said Harry Innis,
are deemed sufficient by the present general assembly
to call forth the public expression of their opinion;
  Resolved, By the senate and house of representa.
tivcs, that an inquiry ought to be instituted by the
constituted authority into the conduct of the said
judge Innis; and also,
  Resolved, That the governor be requested to trans-
mit to each of the representatives of this state in the
congress of the United States, a copy of said report,
as also a copy of a letter from Joshua Barbee to the
said judge Innis, dated Danville, January 4th, 1807,
together with these resolutions, to be laid by them be-
fore the house of representatives in congress, and that



our said representatives from this state do request an
inquiry to be made into the conduct of said judge
                         HENRY CLAY,
             Speaker of the house of representatives.
                        GREEN CLAY,
             Speaker of the senate, pro tem.
Approved, Feb. 19, 1808.
                   CHRISTO. GREENUP,
         Governor of the commonwealth of Kentucky.
By the governor,
    ALFRED W. GRAYSON, secretary.

  I, William C. Greenup, secretary of the state of
Kentucky, do certify the foregoing to be a true copy
from the original enrolled resolution filed in my office.
             Given under my hand and seal of office
               this 26th day of February, 1808.
                   WILLIAM C. GREENUP.


Copy of a letter from 7oshua Barbee to Judge Innis.
                   DANVILLE, January 4, 1807.
      IN answer to your's of the 19th ult. wherein
you say a piece had appeared, addressed particularly
to you, in the Western World, and among other
things had charged you mith being instrumental in
aiding and sending three men with secret dispatches
for gen. Wilkinson to New Orleans, in the spring of
1788, in a canoe, I have to observe, that at your in-
stance, I went to Wilkinson's about the 1st of March,
1788, that he employ-d rme to go in a canoe with two
others to New Orleans, that we left his house in



Woodford county, and took- water at genx: Scot's,
about the 20th of the some month; that we went to
New Orleans, and while there I delivered letters or
packets to the governor and Daniel Clarke, (now de-
ceased) having on our way down called at Natchez,
where I delivered one to the commandant at that post,
that these letters or packets (whichever they were)
were handed to me and I believe written by Wil-
  You reqtiest nme to'state particularly what agency
you had, if any, in the business; also, whether there
were any secret injunctions given me by you, in your
presence or by any other person. T1 he only agency
that I know of was thatof informing me that Wilkin-
son wanted to employ a person on whom dependence
might be placed to make the tour aforesaid, and that
if I was disposed to be employed I must go to Wil.
kisnoh afid make my bargain with him; a'er which
I do not recollect our speaking on the subject, and as
to the secret injunctions, if I hAd any they were not
given by yoti nor in your presence, consequently not
pertinent to your case.
  It having become too common to publish letters of
this kind, and without an objection being made known
to you, this might make its appearance in a newspa-
per. I cannot consent to this letter being published,
as I have objections to my name becoming the sub-
ject of comment and animadversion.
                  I amw, sir, your's, Tc.
                         JOSHUA BARBEE.
A copy,
         Att.    WILLIAM      C. GREENUP.



       I, Christopher Greenup, goveenior of the com-
monwealth aforesaid, do certify all whom it may con-
cern, that William C. Grcenup, esq. who attests the
resolutions respecting an inquiry to be made into the
conduct of the honorable Harry Innis, judge of the
district court for the dii trict of Kentucky, was at the
time of attesting the same, and still is the secretary of
the state aforesaid, cluly commissioned arcd sworn.
    In testimony whereof, I have caused the seal of
the said commonwealth to be affixed to these pre-
           Given under my banid, at Frankfort, this
             27th day of February, anno domini
             18(8, and in the sixteenth year of the
                       CHRISTO. GREENUPR
By the governor,
      Wr LIAM C. I7PRZNUP, eeCretavit.


               REPORT, C.


     In the House of Representatives,
                             December 6, 1806

    MR. POPE, from the select committee appoint.
c(d to inquire into the charge against Benjamin Se-
bastian, one of the judges of the court of appeals,
reported the following resolution, viz:
. The committee, to whom was referred the infor-
mation communicated to the House, charging judge
Sebastian with having received a pension from the
Spanish government, have had the same under con-
sideration, and report that they have with circumspec-
tion and attention, examined the various evidence
brought before them, which is as follows:

THE evidence given on the inquiry into the charge
  against Benjamin Sebastian, esquire, one of the
  judges of tihe Kentucky court of appeals, before a
  special committee, appointed by the house of repre-
  sentativoes for that purpose, on the 27th day of No.
  vember, 1806.

     mr. Thomas Bullitt, of lawful age, being first
duly sworn, deposed, That in the year 1800 or 1801,
he was spoken to by judge Sebastian, to receive mo-
ney for him at New Orleans, which, he said, was
coming to him annually; and upon his, the said Bul-
litt, agreeing to do so, judge Sebastian gave him a
draft on Don Andre Armisto, not as an officer, but in
the form which drafts are commonly drawn for mo-
ney, without a consideration stated: which draft he



forwarded by a Mr. Smith, and was paid off; and
that judge Sebastian informed him, that he drew two
thousand dollars annually for life, in consequence of
his, the said Sebastian, having been active in some
commercial arrangements with the Spanish govern-
ment, and the people of the western country; and
that in the year 1802, he also got a second draft from
judge Sebastian, for two thousand dollars, which was
presented and paid. He also said that lie had seen a
letter from governor Carondelet to judge Sebastian,
requesting him, the said Sebastian, to appoint an
agent or agents to meet Gayozo at Madrid; which
letter was dated previous to the drafts; and in con-
sequence of which letter, judge Sebastian said he
was induced to take his first trip to New Orleans.
Mr. Bullitt, upon being interrogated whether this
letter did not go to implicate judge Sebastian, as an
officer under Spain he answered in the negative.
Mr. Bullitt also stated, that judge Sebastian told him,
that while he was making those commercial arrange-
ments, (for which he became entitled to the annuity)
a courier arrived at New Orleans, giving information
of the negociation of peace between America and
Spain, which put a stop to the arrangements. Mr.
Bullitt was also interrogated whether or not the an-
nuity spoken of, was in consequence of any monied or
property consideration  he answered, that he under-
stood that it was in consequence of judge Sebastian's
own personal services, in bringing about the before
mentioned commercial arrangements.
       F xa ni ined and signed by,
                       THOMAS BULLITT.

  Mr. Charles Wilkins, being duly sworn, deposed,
That in the fall of 1804, he went to Natchez, and on
examining the papers of John A. Seitz, deceased, de-
posited in the house of J. and C. Wilkins, at Natchez,
found among them a draft on " The Spanish gover



amt New Orleans, or any other person authorized,
drawn by Benjamin Sebastian, for the amount of his,
the -,aid Bllejainin Sebastian's pension ;" but did not
recollect the datc of the draft. Mr. Wilkins being
interrogated whether or not the word "pension" was
made use of in the draft  he answered, that he was
confident it was. Mr. Wilkins was also asked, if
Don Andre Armisto was not the secretary to the co-
loly of Louisiana  he answered that he was. It was
also inquired of Mr. Wilkins, if the hand writing of
the draft and the letter produced by him, did not ap-
pear to be the same  be also answered that it did ap-
pear to be the same.
       Examined and signed by
                             CHS. WILKINS.
   The letter referred to in the foregoing deposition,
is in the following words and figures, to wit:
                LOUISVILLE, February 18, 1804.
   The intelligence of your having safely arrived at
Natchez, about a month ago, gave me very conside-
rable pleasure, not only because you were thus far se.
cure from the dangers of a hazardous voyage, but also
that you wvould soon have it in your power to deter-
mine whether the application to be made on any ac-
count u.miold be productive or not. As this subject
is ali-important to me, and, of course, I feel consider
rable solicitude about it; the sooner you can inform
me of the true situation of the business the better;
for if you succeed, I shall l)e eased of a great weight of
anxiety; and if you do not, I must immediately make
the necessary preparations to descend the river my-
self, for the purpose of collecting proof of my situa-
tion, and lay a statement of the business before the
mijibter.  If the person who was authorized to have
transa'tlvd this afflir in N. 0. bliulId Lv -onc lwi ncL'.



before you arrive there, it is probable the application
must be miwde at the Havanna; and if this idea had
suggested itself to you, I have flattered myself that
that circumstance would hasten your departure from
Natchez; or that you would devise some mode
whereby application at N. 0. might be made, through
the agency of some confidential person. Accept the
warmest wishes Ior your prosperity and happiness, of
your sincere friend, and humble servant,
                         BEN. SEBASTIAN.

  Messrs. Jos. H. Daviess, Thomas Bullit, John Al-
len, and John Pope, provid that the body and the sig-
nature of the said letter, was in the hand writing of
judge sebastian.

  Mr. James T. Martin being also duly sworn, de-
posed as fioows : In the year 1805, I received from
the agent of Messrs. John and Charles Wilkins, at
Natchez, a trunk, delivered me as the property of the
late John A. Seitz, who died at Orleans, in July, 1804.
The trunk contained a number of papers relative to
the concern of said Seitz; among which I discovered
a draft was signed "1 Sebastian," as the drawer ; but
I did not know the hand writing of judge Sebastian;
nor am I confident that it was signed Benjamin Sebas-
tian; but I recollect perfectly the substance of the
address of the draft is contained, and I believe expressed
in the following words: " To the proper officer in the
Spanish government for paying off such claims."
  - The trunk that contained the above paper, I for-
warded to JohnG C'.L, in New Orleans, in October,
1805. accompanicd With a letter, in which I requested
him (as well as I recollect) to give it the first convey-
ance to Mr. Francis West, of Philadelphia.
                        JAMES T. MARTIN.



Before the committee on the inquiry into the charge
  against judge Sebastian, November 28, 1806, A. M.

  Mr. Thomas Bullitt was again called upon, and
stated on oath as follows: That the letter spoken of
yesterday by him from the baron of Carondelet, to
judge Sebastian, was on the subject of commercial ar-
rangements, and that the name of Mr. Innes, Mr. Ni-
cholas, and soine other person not recollected, were
in it; and who were requested jointly with judge Se-
bastian to appoint an agent or agents to meet Gayoso
at Madrid; and that commercial arrangements ap-
peared to be the only object of that letter; and that
judge Sebastian informed him, that he, the said Se-
bastian, insisted on the articles of their commercial
arrangements being signed, stating that the treaty
might not be ratified ; and if it was not, they would
have their operation; and if it was, they would do no
harm. The governor answered, he would not do any
thing farther in the business.
       Examined and signed by
                            THO. BULLITT.

  His excellency C. Greenup, esquire, was duly
siworn, and deposed as follows: That he knew no-
thing of judge Sebastian's receiving money from the
Spanish government, until yesterday, on the receipt
of judge Sebastian's resignation, in which he stated
the commercial arrangements, and the money which
he had received in consequence of them; but that he saw
a memorial in 1799 or 1800, concerning a negocia-
tion with Spain for a grant of land, in which memorial
some expressions were contained like the following:
That the memorialists were dissatisfied with their go-
vernment, and were more pleased with the mild and
pacific government of his Catholic majesty; and that
judge Sebastian told him, that the baron of Caronde-



let assured him, the said Sebastian, that upon a pro..
per company being formed, a grant of land would be
made to them.
      Examined and signed,
                     CHRISTO. GREENUP.

  Mr. Richard Steele was also duly sworn, and de.
posed, That the memorial alluded to by governor
Greenup, was drawn up by judge Sebastian, as he
conceived from the hand writing and conversation
which he had with judge Sebastian on that subject;
and that he, as one of the company, did refuse to
have any thing farther to do with it, in consequence
of its stating that the memorialists were dissatisfied
with the government of their country, and were more
pleased with the government of Spain; which expres-
sions were afterwards, at a meeting of the company,
expunged; and then judge Sebastian refused to be
their agent, or to have any thing more to do with it,
in consequence of those expressions in the memorial
being stricken out. Mr. Steele also stated that Messrs.
Grayson, of Bardstown; A. Steele, of Shelbyville;
doctor F. Ridgely, now of Woodford county; and
the late John A. Seitz, then of Lexington, are direc-
tors; and that upon judge Sebastian's withdrawing
from the company, doctor John Watkins was appoint-
ed agent to carry the scheme into effect.
        Examined and signed by
                                  R. STEELE.

   Mr. Wingfield Bullock, being also sworn, deposed,
 That he was one of the memorialists spoken of by
 Mr. Steele, and at a meeting of a company held at
 Frankfort, previous to the one alluded to by Mr.
 Steele, it was proposed to strike out of the memorial
 the expressions of their being dissatisfied with their
 government, and were more pleased with that of



Spain; which proposition was warmly opposed by
judge Sebastian; and upon which he withdrew his
name, and had nothing more to do with the company.

  Mr. Daniel Weisiger being also duly sworn, de.
posed, That he was administrator with the honorable
Harry Innes, of the late Samuel M. Brown, deceased,
and then judge Sebastian had a claim against the es-
tate of the said Brown, amounting to about 8 1,500,
which he, the said Sebastian, informed him was sent
by some person from New Orleans, for the support
and education of his son, then at judge Sebastian's,
over whom judge Sebastian had the controul; and
that a Mr. Griffeth, who came up from New Orleans
with the said Brown's boat, accounted to judge Se-
bastian for 300 dollars, part of the said 1,500 dollars;
and that the balance remained unaccounted for, as the
estate of Brown was insolvent.

  The deposition of Harry Innes, who being sworn,
deposeth and answereth to the following questions:
  Do vou, or do you not know of Mr. Sebastian's re.
ceiving money from the Spanish government, or of
any officer of that governmtnt; and at what times 
  Have you any knowledge of any negociation, which
was entered into, or attumptted by Mr Sebastian and
the Spanish government at Ntv O rleans, or with any
officer of that government  If you have depose as to
these facts.
  Answer to the first interrogatory: The dt-ponent
saith, he hath very little knowleiy[.1-c; and that the
first intimation which he ever received upon that sub-
ject was from Mr. Wilkins, in Lexington, some time
in August last; that as Mr. Wilkins has deposed to
the fact, and any thing detailed by this deponent
as coming from that gentleman would be hearsay, the
deponent conceives it improper to relate it ; that Mr.
Wilkins informed this deponent of a letter signed by
Mr. Sebastian, which he had in his possession, dnd
which he found among the papers of MIr. Seitz, relax



tive to a money transaction, which he promised to
shew this deponent, and give him a copy; that the
next day Mr. Wilkins shewed the original letter which
was signed with Mr. Sebastian's name, but had no
direction, it being supposed to have gone under a co-
ver; which letter this deponent, from his knowledgeof
Mr. Sebastian's hand writing, believes to be his; a4
Mr. Wilkins gave the promised copy after compar-
  This deponent further states, that he had no com-
munication with Mr. Sebastian, after receiving the
said copy, till the Saturday of the first week of the ses-
sion of the court of appeals, in October last, when in
an interview in this town, this deponent mentioned
the information he had received from Mr. Wilkins,
respecting the bill for a pension, and shelved him a
copy of the letter. Mr. Sebastian read the letter, said
he had no recollection of having written such a letter,
and acknowledged that he had given Mr. Seitz the
bill; and then observed, that the pension had been
given to him, in consequence of the business which
induced him to go to New Orleans in 1795.
  Answer to the second question. I have. But be-
fore this deponent proceeds to answer the question,
he requests to be indulged with making some preli-
minary observations on the state of the public mind in
this country in the year 1794, respecting the naviga-
iionofthe Mississippi. This deponent observes, that
it must be known and recollected by some of the com-
mittee, the Xviolent heat that pervaded this state, aris-
ing from the publications and proceedings of the de-
inocratic society in Lexington, and some other places;
that it must be known and recollected that the French
minister, Genet, had sent his emissaries to this state
to excite the people of Kentucky to offensive mea-
sures against the Spanish province of Louisiana; that
officers were appointed to command an army to be
raised for that purpose; and that report said it was to
Consist of two thousand men. The truth of these



facts, the deponent has no doubt, can, if necessary,
be proved; and this deponent is of opinion that the
proceedings of the people in the western country in-
duced Spain to accede to the treaty at the time she
  The deponent further states, that such was the
heat of the public mind at that period, respecting the
navigation of the Mississippi, that he avoided all the
meetings of the democratic societies, least their mea-
sures should lead to acts which would attract the no.
tice of the general government, and prosecutions be
instituted, which could only be done in the court in
which this deponent presides.
  That this deponent is convinced that the anxiety
which app red to pervade this state at that period, as
expressed my the democratic societies, induced the
president of the United States to send a messenger,
to wit, colonel James Innis to this state, to communi-
cate through the executive to the people of Kentucky,
the situation of the pending negociation between the
United States and Spain, respecting the navigation of
the Mississippi; that the messenger arrived in this
place on the 25th day of December, 1794, and in the
course of that winter made a communication to gover-
nor Shelby, and that this communication quieted the
public mind for the present. That the harvest of
1795 was very abundant; and in the fall of that year,
a general murmur pervaded the people of this country
respecting their crops, on account of the probabiiitv of
having no opportunity of exporting their produce the
ensuing season; that some time in November, or ear-
ls in December, 1795, this deponent and William
Murray, esq. received a letter from Mr. Sebastian,
requesting us to meet him at col. George Nicholas's
house in Mercer county, on a day stated in the letter,
observing that he had business of importance to com-
municate, which related to us aill. 'I'his deponent and
Mr. Murray went to col. Nicholas's, lwhere we wverc
met, egreabll to appoin ment, bU  MIr. Se'Ibastian,



who subiitted to us a letter he received from the ba-
ron de Carondelet, then governor of Louisiana, to
which this deponent refers, and makes a part of this
deposition, in the words and figures following:

                  "New Orleans, July 16, 1795.
     " The confidence reposed in you by my prede-
cessor, brigadier general Miro, and your former cor-
respondence with him, have induced me to make a
communication to you, highly interesting to the coun-
try in which vou live, and to Louisiana.
  "His majesty being willing to open the navigation
of the Mississippi to the people of the western coun-
try, and being also desirous to establish certain regu-
lations, reciprocally beneficial to the commerce of both
countries, has ordered me to proceed on the business,
and to effect in a way the most satisfactory to the peo-
ple of the western country, his benevolent design.
  " I have, therefore, made this communication to
you, in expectation that you will procure agents to be
chosen and fully empowered by the people of your
country, to negociate with colonel Gayoso on the
subject, at New Madrid, whom I shall send there in
October next, properly authorized for that purpose,
with directions to continue in that place, or its vicini-
ty, until the art ival of your agents.
    I am, by information, well acquainted with the
character of some of tlie most respectable inhabitants
of Kentucky, particularly of Innes, Nicholas and Mur-
ray, to whom I wish you to communicate the purport
of this address, and should you and those gentlemen
think the object of it as important as I do, you will
doubtless accede, without hesitation, to the proposi-
tion I have made of sending a delegation of your
countrymen, sufficiently authorized to treat on a sub-



ject which so deeply involves the interest of both our
       "I remain with every esteem and regard,
         "Your most obedient humble servant,

  The deponent further states, that, after deliberating
on the contents of the letter, it was the unanimous opi-
nion of the four persons referred to in the letter, that
from the situation of the pending treaty between the
United States and Spain, of which no communication
had been received for near twelve months, and the un-
certainty when it would terminate; that as it was ,
subject in which all the western people were greatly
interested; that as it had excited great heat in the
minds of the people of this country; that as we had no
power to appoint agents to meet col. Gayoso, as was re-
quested; that, under these existing circumstances, it
would not be prudent to communicate the subject mat-
ter of the letter; yet. that it was adviseable to know what
was the object of the Spanish government upon that
important subject. To accomplish this object it was
thought adviseable, that, as the communication was
made to Mr. Sebastian, he ought to meet colonel Gay-
oso; and, in consequence of this opinion, Mr. Se-
bastian descended the Ohio. On Mr. Sebastian's re-
turn from New Orleans, in 1796, he informed this
deponent colonel Gayoso was at the mouth of the
Ohio river, waiting an answer to the baron's letter;
that the severity of the weather induced them to
go to New Madrid, where a conference took
place on the subject of the letter; that, among the
concessions which were stipulated, Gayoso pro-
posed to reduce the duty of six per cent. im-
port and six per cent. export, amounting to twelve
per cent. to four per cent.; that he, Mr. Sebastian,



insisted that, as the Spanish government had cotne
forward upon the principle of conciliating the people
of the western country, no duty ought to be exacted
from them, because they claimed as a right, the free
and undisturbed navigation of the Mississippi river.
Finding Gayoso fixed and immoveable on that point,
he proposed to go to New Orleans, and refer the point
in dispute to the governor general, which being ac-
ceded to, he descended the river to New Orleans with
colonel Gayoso. Upon their arrival at New Orleans,
the governor had a private interview with Mr. Sebas-
tian, and requested information as to the point in dis-
pute between him and colonel Gayoso. Mr. Sebas-
tian stated the demand of four per cent. import, to
which the governor replied, that colonel Gayoso was
wrong, and that he would release it, as the plan was
altogether conciliatory, but observed, that he was
then pressed by public business, yet would attend to
him on a particular day, which he named; that a day
or two preceding the time fixed for the interview, he
received a message to immediately wait on the gover-
nor. Upon repairing to the government house, the
governor informed him that a courier had arrived from
the Havanna, informing that a treaty of friendship, li-
mits, and navigation, had been entered into by his ca-
tholic majesty and the United States, which put an end
to their business; that Mr. Sebastian then shewed
this deponent a paper in his hand writing, containing
the concessions which had been stipulated by Gavoso,
and which he believes is the same paper now in his
hands, and here presented to the committee, which is
in the words and figures following:
   a His catholic majesty having taken into considera-
tion the relative situation of his province of Louisiana
and its dependencies, and that part of the United
States of America lying west of the Apalachian moun-
tains, and being of opinion that a commercial inter-
course between the two countries will be productive
of the harmony and reciprocal interest thereof, has



ueen pleased to concede to the people of the said wes-
tern country, during his pleasure, the following pri-
     1. The people of the western country shall hence-
forth freely use, and exclusively enjoy, for the pur-
pose of commerce, the navigation of the river Mis-
sissippi, and all the ports and places thereon, under
the government of his catholic majesty, subject to the
same regulations and restrictions, and no other, by
which the commerce of the subjects of his catholic
majesty is now governed. And whereas, the people
of the said western country are now subject to the
payment of six per centum ad valorem on all the pro-
duce of the said western country, imported into the
government of Louisiana and its dependencies; and
also to the payment of the same duty on the exporta-
tion thereof; and his majesty being willing to remove
every obstacle to that friendly intercourse which he is
desirous to establish and maintain with the said wes-
tern people, does hereby concede that the said western
people shall hereafterbe subject to the payment of aduty
of four per centum only, whether the produce import-
cd be disposed of in the markets of Louisiana, or ex-
ported to foreign markets; and that the duty to be
thus paid by the said western people shall be regulat-
ed by the valuation of their produce hereto annexed:
  " 2. That there may be no obstruction or impedi-
ment to the fullest and most advantageous enjoy-
ment of the privileges hereby granted to the people of
the said western country by his catholic majesty, such
of the western people as may choose to reside in the
government of Louisiana, for the purpose of carrying
on commerce, shall henceforth be permitted to ac-
Ouire, by purchase or otherwise, both real and per-
-,onal property in any port or place on the said river
.- lississippi, or at any other place within the govern-
mient of the said province of Louisiana and its depen-
dencies, and shall be protected by the said govern-
-nent in the enjoyment thereof, the said residents be-



ing amenable during their residence to the same laws
and regulations by which the subjects of the said pro-
vince are governed; and, should the said residents,
or any of them, die in the said province, or think pro-
per to remove to the United States, or elsewhere, their
property, both real and personal, shall, in the first
case, be disposed of according to the will of the dece-
dent, and, where no will has been made, shall descend
to, and be distributed among the legal representatives
of the deceased, agreeable to the laws of the said pro-
vince, and in the last case, the removin