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Lot 98
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An Important Archive Documenting Stephen Girard's Involvement in the Bastrop Land Fraud in Louisiana
An Important Archive Documenting Stephen Girard's Involvement in the Bastrop Land Fraud in Louisiana
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Description:

Girard Stephen

An important archive of 14 pieces documenting Stephen Girard's involvement in the Bastrop land fraud. The archive also includes valuable information on his cotton plantation, the purchase of slaves and related matters. All documents uniformly toned, else in fine condition.

Girard began purchasing large holdings along the Ouachita River in far northern Louisiana in the early 1820s. The lands, however, were originally part of the notorious Balstrop Tract in northern Louisiana. In 1795, the Spanish governor of Louisiana, the Baron de Carondelet, granted a Dutch fraudster using the name of the Baron de Bastrop license to sell tracts of land along the Ouachita River. Born Philip Hendrik Nering Bögel (1759 - 1827) in Dutch Guiana, he moved with his parents to Holland in 1764. He settled in Friesland and worked as a tax collector. In 1793 he was accused of using tax funds for personal use and fled the country (and his family) for Spanish Louisiana where he took on the identity of a Burgundian nobleman, the Baron de Bastrop. Instead of merely acting as an agent, Bastrop posed as the actual owner of this 850,000-acre tract. When Carondelet was recalled as governor in 1799, the Bastrop claims were called into question. Rather than defend his claim, he chose to sell off his “grant” to Col. Abraham Morehouse of Kentucky. Bastrop, whose other business ventures came to a halt partly due to the American takeover of Louisiana, would soon leave for Texas where he was instrumental in getting permission for an Anglo-American settlement (specifically Moses Austin) in the Mexican province. In 1805, Aaron Burr purchased nearly half of the “grant” in order to set up a base of operations for his ill-fated conspiracy to provoke war with Spain. To raise his army, he promised plots of land in the tract. Burr’s plans were of course interrupted in 1807 with his arrest for treason. The lands (and their questionable titles) passed onto Edward Livingston and then to various other parties. Girard began purchasing these fertile bottom lands in the early 1820s from the successors of Aaron Burr, amassing large tracts.

Girard, wishing to develop his holdings into a functioning cotton plantation, wanted to be certain his holdings would not be subject to challenge. Around 1824, Girard, through the assistance of John Nancarrow, a Lexington, Kentucky brewer and a former business partner with Bastrop, sought to influence Congress to ensure that he enjoyed free and clear title. The archive contains several communications from Nancarrow, who was also involved in the questionable sales of some of the Bastrop tract, on the subject. On February 18,1825, Nancarrow wrote that he agreed with Girard in his opinion that it be kept out of view at present from Congress, " but in a private interview I shall have with Mr. Henry Clay who wants to be well informed as to our title, I can use it if occasion requires to satisfy him, as he assures me that on being satisfied with the justness of the grant, he will give it his best support, and his influence is of much importance to us...” Despite Girard’s fears, a bill confirming the Bastrop grants passed the House (26 February), “without any amendments; what its fate may be in the senate; is impossible for me to divine, but I am rather sanguine; it will meet with the support of some of he best talents in that House. If there should be any opposition to it: a few days will determine... ” Nancarrow’s prediction was correct: “Our Bill has stopped in the Senate, it was refer[red to a committee of that House, and reported without amendment: Last night about 10 O’Clock, it came on to its third reading, and although there was a considerable majority in its favour it was negatived by one vote, and single negative in the Senate is sufficient to prevent its final passage - It was ordered to lie on the table - so that we are now as we began; my opinion is to let it rest, and never trouble the government more on the subject: our title is complete, we have been in peaceable possession upwards of thirty years-- I shall devote my attention to the perpetuation of all testimony on the subject of our title, and have all such as may be important entered of record in the most legal form possible…”

Girard, now feeling safe in his title, began to develop his holdings into a functioning cotton plantation. Ironically, the original terms of Bastrop’s “grant” allowed subdivisions no larger than 360 acres, designed specifically to discourage crops requiring slave labor. This too was one of the reasons the land was attractive to Aaron Burr, who was an ardent abolitionist. Girard was not troubled by such concerns and was determined to use the firstly bottom lands for cotton production using slave labor. He entrusted Monroe, Louisiana judge Henry Bry (1781 - 1859) with management of his property and Bry helped Girard expand his holdings in the region.

The archive includes four letters together with related expense reports concerning the development of Girard’s lands. Writing from New Orleans on December 21, 1826, Bry reported on his progress settling claims and liens as well as purchasing slaves for Girard’s plantation noting, “on the 11th Inst. I purchased from Mr. Woolfrock… 12 Negroe men … 10 Negroe women… 5 Children belonging to some of the women to wit… ” In early 1832, Bry wrote to Girard (not knowing that Girard was already dead) on Girard’s wish to increase “…the number of hands on yr fair as the small crop made there might be caused by a want of sufficient force. I have answered… that I did not think that the Short crop made there were altogether on account of an insufficient number of hands - but depended chiefly on the overseer: Such a one as would answer exactly there; is extremely difficult to meet with the present overseer wants activity management and a good command of negroes, he ought to make now … one hundred bales of Cotton plenty of corn and clear every year about 18 acres, but falls very short of that result; yet I am compelled to try him once more during 1832 - If he does not do better - I shall endeavor to find such one as ought b be there… I don’t think the moment to be opportune to purchase hands at N. Orl[eans They have much raised in value since the last law passed by our Legislature in Nov 1831 prohibiting the introduction of Slaves of Louisiana. This will be the case for some time … the Importer will discover some way to ground the stump…”

After Girard’s death in December 1831, the lands, together with most of his fortune, were donated to various charitable organizations in Philadelphia and New Orleans. However, doubts about the legitimacy of Bastrop’s titles continued into the 1840s culminating in a case argued before the Supreme Court in 1850 (The United States v. The Cities of Philadelphia and N. Orleans). The archive includes three letters concerning the case, the first from Herman Cope, Agent of “Jas. Robertson et al Trustees” writing “Office of the Trustees… of the Bank of the United States” on August 19,1844 to Philadelphia attorney Edward Olmstead concerning a recently passed act of congress "To provide for the adjustment of Land claims within the States of Missouri, Arkansas, Louisiana and the Territory of Iowa, and in those parts of the State of Mississippi & Alabama south of the thirty first degree of North latitude, and between the MIssissippi and Perdido Rivers.” The next letter comes from John Sergeant (1779 - 1852), 2pp. Philadelphia, Oct 30, 1848, also addressed to Olmstead: “As the Supreme Court U. States is approaching where the interest of the Girard estate in the Bastrop claim will be for decision, it will probably be most agreeable and convenient to the trustees of the Girard fund that I would now submit to them my views as to my professional compensation in the case” and requesting and advance of $500 prior to going to Washington, “and a like sum of reedy timer I may attend hereafter, until the case shall be ended…”

The case was heard in 1850 with the court ruling that the Bastop titles were indeed invalid and it sent the case back to the Federal District Court in Louisiana for further adjudication.* In March 1851, Congress enacted legislation enabling all settlers who could prove they occupied and cultivated land in the Bastrop grant for 20 years to receive legal title. The final letter to Olmstead comes from New Orleans attorney H. H. Strawbridge, New Orleans, May 13, 1854 writing on a petition to Congress under that legislation, writing “…the memorial to Congress on the Bastrop Grant, it has been suggested that its tone seems not quite respectful to the Supreme Court. As I will to avoid err the appearance of this - were it only at respect to myself - I beg you will withhold it a few days, until another can be drafted.”

These papers provide a unique insight into the long and convoluted history the Bastrop tract as well as illustrating the large reach of Stephen Girard, who when he died, was the richest man in the United States.

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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