30th CoNGRIiSS,

2d Session.

t

[SENATE.] - Executive,
No. 21.

REPORT

OF THE

»

SOLICITOR OF THE TREASURY,

WITH DOCUMENTS

In relation to the claim of the Catholic church at St. Augustine to
certain property held hy the United States at that place.

January 30, 1849.

Referred to the Committee of the Judiciary, and ordered to be printed
;
and that 100 copies

in addition to the usual number, be printed for the use of the Senate.
’

Sir: I have the honor to communicate herewith the following

papers, viz :

1. The submission and accompanying documents, in the matter of
the claim of the Catholic society of St. Augustine to the military

barracks at that place, and other property there, heW by or under
the United States, to Stephen R. Mallory, esquire, of Key West,
Florida, as arbitrator;

2. The testimony taken by him as such arbitrator;

3. The agreement of the Rev. B. Madeore, vicar general of Flo-
rida, thereon in behalf of the claimants.

4. The remarks of the Solicitor of the Treasury on the claim;

5. The opinion of the arbitrator on the questions submitted to
him;

6. His decision thereon.

By reference to the latter, it will be ^een that the arbitrator
confirtns the United States in their title to the property claimed by

the church. The reasons for this determination are'so clear and
satisfactory, that it would seem there is no room for further doubt
concerning the title to the property in question.

It is proper that I should remark, that Mr. Mallory was selected

as arbitrator in this case without any solicitation on the part of
himself or friends. On receiving the appointment, he immediate-
ly left his business, on the nineteenth of September last, and devo-

/

Office of the Solicitor of the'

T

uEAsuRy,

January 27, 1849.



ted himself assiduously to it. His labors closed this day in this

city. In the whole business the course pursued by him has been

such as to meet the approbation of this office. He was selected

for his talents, learning and fidelity, and because he understood the

Spanish language, and was versed in the laws of Spain. Such a,

combination of qualifications is not easily found.

Although Congress directed this service to be performed, it made

no appropriation to meet its expenses. Mr. Mallory’s actual dis-

bursements for clerk hire, copies of public documents, &c., amounts

to $759 29, of which $250 has been paid out of the judiciary ap-

propriation, and the proper officer has been requested to pay the

residue out of the same fund. But he cannot be compensated for

his services without appropriation by law. Congress is, therefore,

respectfully requested to provide him a compensation commensu-

rate with the value of his services, which, in the opinion of this

office, have been of great value to the public.

I have the honor to be, respectfully, your obedient servant,

R. H. GILLET, Solicitor

.

Honorable George M. Dallas,

Vice President^ and President of the Senate.

WASHiNGTon, December 9, 1848.

'Sir: In compliance with your written instructions to me, as ar-

bitrator, appointed under the joint resolution of Congress of the

11th of August last, [see Senate doc.^ 1^^ sess. Z^th Cong.^ Rep.

195,) I left Key West on the 19th of September, visited St. Au-

gustine and Havana, and obtained the following proofs, documents,

laws, &c., relative to the trust confided to me. Your instructions

have been accurately complied with; and in submitting them for

your examination, I have the honor to say that I await only the

arguments of parties to enable me to deliver my award:

1. Submission.

2. Joint resolution.

3. Memori^^l of the vicar general.

4. Memorial of wardens and congregation of St. Augustine church.

5. Patent of Pedro Ruiz.*

6. Manuel Jose Justis, to governor of Havana.

7. Transfer of property to John Gordon.

8. Transfer of property to Jesse Fish.

9. Destruction of old barracks, and occupation of the convent.

10. Senate document as to submission to arbitrator. •

11. Governor of East Florida to Don Pedro Acuna, relative to

building the Parochial church.

12. Answer to the above, authorizing the completion of the church.

13. Jose Antonio Calaleas, on the same.

14. Governor of East Florida, on the same.

15. Manuel de Hita.

17. Expense of church, building, &c.



3 [ 21 ]

17^. Act of incorporation—church of St. Augustine.
18. Disposition of certain public lands.

19. Captain-general of Cuba relative to archives.

20. Arbitrator to bishop of Havana.

21. Opinion of H. Desdien, doctor civil law, &c.

22. Notes on operation of laws of Spain.

23. References to laws of the Indies, royal orders, &c.

24. Prescription as to church property, &c.

24J. Suppression of Cuba convents, 1841.

24|. Laws on church property.

25. Commentaries of Deroti on canon law.

26. Commentaries of Walter on canon law.

57. Testimony of the inhabitants of St. Augustine as to the prop-

erty in question, character, value, &c.

28. Colonel Harvey Browne, United States army, testimony as to

character, condition, and value of the convent.

29-31. Correspondence between Rev. Mr. O’Reilly and the gover-

nor of East Florida.

32. Sales of property in St. Augustine, 1790.
,

With great respect, I have the honor to be, your obedient ser-

vant,

S. R. MALLORY, Arbitrator,
R. H. Gillet, Esq.,

' Solicitor of the Treasury.

Whereas, Benedict Madeore, vicar general of the Catholic church

of Florida, and the church wardens of the Roman Catholic church

at St. Augustine, East Florida, preferred at the last session of Con-

gress their respective memorials, claiming certain property now

occupied by the United States in the said city of St. Augustine,

and which claims are disputed by the United States, copies of

which said memorials and other papers connected therewith, and

of the proceedings in and before Congress thereon, are hereto an-

nexed, and which specify the said property, and reference to which

said copies being had, the contents of said papers will more fully

appear; and whereas Congress at said session passed a joint reso-

lution respecting said claims, which was approved by the President

August 11, 1848, a copy of which is hereto annexed.

Now, in pursuance of said resolution, said parties and the So-

licitor of the Treasury, by and with the approval of the Secretaries

of the Treasury and War Departments, have agreed and do hereby
agree to and do nominate, select, and appoint Stephen R. Mallory,

esquire, counsellor at law, of Key West, Florida, as the arbitrator

authorized in and by said joint resolution, to do all things and to

decide said differences as authorized in and by said joint resolu-

tion, as such arbitrator; and to whom said matters are fully sub-
mitted, according to said resolution, and in the mode, manner, and

form following. He shall examine the following questions and
decide

—

1st. As to the title of the claimants to the respective lots or



4[ 21 ],

tracts of land and buildings specified in their memorials, whether

legal or equitable.

2d. As to the value of the said property, and of each portion

thereof, at the time of the delivery thereof to the United States,

and particularly of the buildings thereon at that time.

3d. The value of the use and occupation by the United States

since.

4ih. The cost and the value of the improvements since placed

on each separate portion of said property.

6th. The present condition and value of each separate portion

of said property,

6th. If said property, or any part thereof, is decided to belong

to said claimants or either of them, the amount that the United

States should in equity and justice pay to such claimant for the

relinquishment of the title thereto, and to whom the same should
be paid, and for whose or whaf use.

7th. If the property should be given up to said claimants, the

amount, if any, that should be paid to the United States for said

improvements, as indicated in the report of the Committee on

Private Land Claims of the Senate at the late session, June 29,

1848, report No. 195, a copy of which is hereto annexed.

And it is agreed that said arbitrator, being first duly sworn (be-

fore some judicial officer in Florida authorized to administer oaths)

to act in this case and decide the same fairly, justly, and impar-

tially, to the best of his abilities, shall proceed forthwith to ob-

tain such testimony in said case as he may be notified of by the

parties, at as early a day as practicable, or that he may deem im-

portant ill said dispute to either party.

2d. That the said arbitrator shall proceed to Havana, Cuba, and

endeavor to obtain all authentic evidence either documentary or of

witnesses, that can be procured in favor of or against either party;

and for this purpose he shall be furnished with a proper commis-

sion and authority by the Solicitor of the Treasury, or some other

officer of the government of the United States.

3d. That said arbitrator shall also proceed to St. Augustine,

obtain like evidence on the points above specified.

4th. That the United States may file with said arbitrator as evi-

dence, at any time, the originals or official copies of any papers

or documents or maps on file in any of the public departments or

offices, certified by the head of such department or office.

5th. The depositions of witnessies shall be reduced to writing

and signed by witnesses, and the truth thereof shall be sworn to

before some judicial officer authorized to administer oaths, or be-

fore said arbitrator; and said arbitrator shall in all cases fully

cross-examine said witnesses, as either of said parties may desire,

and as to him shall seem proper.

' 6th. The decision and report of the arbitrator shall contain all

the evidence to be made, as required by the joint resolution, be-

fore or during the next session of Congress. But one reporter de-

cision need be made, to which all the parties can have access.

7th. The arguments of the parties shall be in writing, and said



5 [211

arbitrator may adopt such rules as to notices, by the parties to

each other, of any matter in which notice should be given, as he

may*deem proper.

In witness whereof, the said Solicitor of the Treasury, B. Ma-

deore, vicar general, and said wardens of the Roman Catholic

church, at St. Augustine, by their attorney, B. Madeore, have
^

hereunto set their hands and seals, this 15th day of August, 1848,

and five copies are made; one for the Solicitor of the Treasury,

two for said arbitrator, one for said B. Madeore, and one for said

wardens, which said parties respectively have in their keeping.

R. H. GILLET, [l. s.]

Solicitor of the Treasury,

B. MADEORE, [l. s.J
Vicar general.

The wardens of the C. C., at St. Augustine, by their attorney,

B. MADEORE, [l. s.J
Executed in presence of

—

J. D. Westcott, Jr.

R. M. Gaines.

Approved 16th August, 1848.

R. J. WALKER,
Secretary of the Treasury,

W. L. MARCY,
Secretary of War.

A RESOLUTION authorizing the submission of certain claims to arbitration.

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled^ That the Soli-

citor of the Treasury be, and he is hereby authorized, by and with

the approval of the Secretaries of the Treasury and War Depart-

ments, to submit the differences between the United States on the

one part, and the Catholic congregation of St. Augustine, Florida,

and Benedict Madeore, vicar general of the Catholic church of

Florida, of the other part, as to certain property specified in the

memorials to Congress of the claimants at this session to arbitra-

tion, and to agree for the United States to such impartial and dis-

interested citzen, learned in the law, as said solicitor and said par-

lies may select, to decide said differences on such terms and con-

ditions, and in such mode, manner, and form, as may be deemed

just and proper by said solicitor and said parties, to be set forth

in such submission, and that said solicitor be directed to defend

the rights and interests of the United States before such arbitrator,

and to obtain from Havana, or elsewhere, such papers as may be

necessary therefor; the decision of said arbitrator to be made be-

fore or during the next session of Congress, and, with the evi-

dence on which the same is founded, be laid before Congress at its

next session, for its approval and ratification thereof, or dissent

therefrom, and for its further action thereon.

Approved August 11, 1848.



[
21 ] 6

To the honorable the Senate and House of Representatives of the

• United States of America^ in Congress assembled.

The memorial of the Very Reverend Benedict Madeore, vicar

general of Florida, and pastor of St. Augustine’s church,

Respectfully represents

:

That before and at the time of the cession of the Floridas to the

United States of America, by his Catholic Majesty the King of
*

Spain, under the treaty of the 22d February, 1819, the Catholic

church was the lawful and rightful owner of

1. Saint Augustine’s church; ^

2. The convent of Saint Francis;

3. The bishop’s house, and,

4. The church of our Lady of the Milk.

That by the terms of the second article of the said treaty, all of

the said property, being “private property,” was reserved and

^ excepted out of the property transferred to the United Statesj

and that by the terms of the fifth article of the said treaty, “the

free exercise of their religion, without any restriction,” was se-

cured to the inhabitants of the ceded territories, by which not only

the right to worship Almighty God according to the dictates of

their conscience, but also the right to retain and hold all of their

church property for the uses and purposes of their religion, was

intended to be secured to the Catholics of Florida.

Your memorialist further shews that, according to the usages*

and constitution of the Catholic church, as set forth in the de-

crees, pars secunda, causa xvi., questio vii., and recognized by the

council of Trent, sess. xxii. chap. 8, 9, and 11, churches and

church property are generally- held under the authority or control,

that is, in the name of the bishop of the diocese for the uses of

the church, each bishop being a corporation sole, in his particular

diocese; which rule of discipline of the church hath been sanc-

tioned in several of the States of this Union, and particularly ia

Maryland, by act of 1832, chapter 308.

That this law of the church was always recognized by the

Spanish government, the king being the protector of the church

in the new world, and having caused an episcopal see to be ap-

proved by the pope for the city of Havana, in the islagid of Cuba,

whose jurisdiction extended over and included the Floridas.

That the order of the Franciscans was established in Florida, at

the invitation of the bishop, to serve the missions there, with the

approval of the pope, the council of the Indias, and the king, and

it was called the mission of St. Helena, the head-quarters being

the convent at St. Augustine.

That the said convent property was placed in the possession of

the Franciscans, y*or the time that they should.^ under the directionof

the bishop^ serve the missions; but the “right of property” was al-

ways reserved to the bishop, for the uses of the Catholic church of

his diocese. It was kept in repair with the eclesiastical revenues^



7
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21

]

and not by the order of Franciscans. In the year 1764, when the

Fioridas were in the possession of the British, the convent, and

the bishop’s house, were sold without mention of the order of the

Franciscans, and purchased in private trust for the benefit of the
,

true owners, and when the Fioridas were again under the Spanish

dominion, the convent was occupied by the missionaries who at-

tended the mission, as church property^ under the control of the

bishop, to return to his direction whenever for any cause the mis-

sionaries should cease to attend the missions.

In the confusion which occurred upon the cession of the Fioridas

by Spain to the United States, a part of this church property was

taken into the possession of other than the legal and equitable

owners, and has so remained out of the possession of the Catholic

body to the present time. It is well here to remark, that this

misapplication of the private property of the Catholic body of the

Fioridas, and diversion from its proper uses, may have arisen in

part from a mistake as to its true ownership; from the fact that

the convent was at the time occupied by the king’s garrison and

troops; but this temporary occupation of the church property by

the military under the civil power, was entirely with the consent

of the bishop, which consent was given because of the destruction

of the king’s barracks by fire, and was never claimed as of right.

The explanation will be found more at large in the documents

which accompany this memorial.

Your memorialist presents this his* memorial, in his official capa-

city, as ecclesiastical charge, or vicar general of Florida, and in

conjunction with the memorial of the Catholics of the territory

assigned to his charge
;
and he most respectfully prays that your

honorable body will, by act of Congress, provide for and direct

the restoration of his church property so wrongfully withheld, or

make such other compensation .therefor as in your wisdom may
seem meet and proper; and your memorialist is prepared with pro-

per documentary and other evidence to substantiate his claim,

when, &c. And, as in duty bound, he will ever p ay,

BENEDICT MADEORE.
[February 8, 1848, Kaferred to the Committee on Private Land Claims.]

'

the Senate and House of Representatives^ in Congress assembled.

The undersigned, the Trustees and the members of the Catholic
church of St. Augustine, in conjunction with its vicinity, beg
leave

Respectfully to represent:

That a large amount of valuable property belonging to the said
church, of which a description will be lound in the documents
herewith sent, was, at the time of the cession of the Fioridas, in
1821, to the United States, either through a culpable negligence,
or a wilful disregard of the claims of its rightful owners, included
in with the lots and buildings, and other public property, delivered



8['21
]

over to the United States government, by the Spanish authorities

at the above period.

Your niemorialists, theirefore, relying on the generous toleration

and equitable principles professed, and hitherto so nobly acted on,

by the American government and people, herewith submit to your

honorable body, the claims, and the proofs that establish their

claims, to the property in question, and confidently trusf to your

justice for a restitution of their rights. The urgent wants of the

church, and the aggravated character of the wrong of which it

complains, induce the undersigned respectfully to request the

early attention of your honorable bodies to their claims, or the ob-

jects of this memorial, and to press for an early decision upon the

same. And your memorialists, as in duty bound, will ever pray.

JOHN M. FONTANE,
President hoard of Wardens^ R. C. C. of St. Augustine.

Pedro Benet,
^

FrancisP. Ferreira,
|

Jose E. Pomar, Wardens R. C. C. of St. Augustine.

Thomas Andrew,
|

Isabella Marin

Antonio J. Noda,
J

Jos. S. Sanchez

John Pallicier

Rophina B. R. Pallicier

Manuel Crespo Florentina Pallicier

Antonio Solano Florrene Pallicier

F. Bridier • Ciliclono Pallicier

Andres Papy Mary Pallicier

Christobal Bravo Venancio Sanchez

Henry Thomas Fred’k Houghton

Joseph P. Delespine Alonzo A. Bravo

Rophina Pallicier Manuela Bravo

Rosa Leonar.i'y A. B. M. Pacetty

Rosalia Leodardy C. P. Sanchez

Luciana Leonardy M. H. Rogero

Jane Leonardy Malana Papy

Jane N. Lacy Virginia Papy

Theodosia A. M. Leonardy Mathias Papy

Laurean Munson
^

Ann Llambias

Raphaela Usina Barbara Llambias

' Genobeba Usina Chas. Haagar

Catalina Solona Florencia Haagar

Eulogia S. Rogero Dominga Lope^

Josefa Papy Mary Solana

Ana Papa Angelina Solana

Lasdila Reyes Isabella Thynne

G. N. Papy Frances Solana

M. Papy Mary R. Solana

John Canovas Jane Purvis

Antonio Canovas Sarah Purvis

Antonio P. Marin Lorenzo Purvis

Rosalia Marin Benansio Purvis

Geronima Solana John Rogero



9
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]

Manuela Rogero

Ramon Rogero

Lauriana Ferreira

Gabriel Pomar

Mariana Pomar

Margarita Pomar

Maria Usina

Jane Bugell

Mary Andrew

Joseph Andrew

Petronilo Lopez

Malana Lopez

Bartolome Lopez

Vicente Pacetty

Margaret Pacetty

Betruna Pacetty

Mary Pacetty

Mary Rogero

Mary Canovas

Landreu Andrew

Antonio Rogero

Anthony Pomar

Mary Pomar

Antonio Lopez

Juana Triye

Francis Triye

Bartolo Pacetty, jr.

Bartolo Pacetty, sen.

Louisa Pacetty

Rafaela Bayar

Jane Bayar

Dolores Bayar

M. Fermina Garey

Fecia I. Pacetty

Merced B. Pacetty

Rosalia Reyes

Foustina Pacetty

Mary Reyes

Mary Ponce
' Mary Reyes, jr.

Antonia Pallicier

Clementine Sabate

Mary Sabate

Antonia Sabate

Marcella Sabate

Leonardes Palicier

.
Anthony Palicier

Juana A. Andrew

Juan A. Andrew

Margarita Pomar

Rafaela GofF

Ana M. Goff ^

Jane Goff

Francis Pallicier

Thom Pallicier

Jane Hernandes

Antonia Hernandes

Mary Hernandes

Diego Hernandes

Diego Hernandes, sen,

Mary N. Avice

Caroline Avice

Alexander Avice

Beatrice Pallicier

Merceul Zelhmbar

Mary Andrew

Mary Andrew

Honora Andrew

Ildelfonso Andrew

Mary Norris

Pedro Capella

Catherine Capella

Catherine Capella, jr.

' Anastasio Capella

Hulia Capella

Joseph Benet

Maria C. Benet

Clara E. Hurlburt

Antonio Hitchcock

Esteban Arnau

Margarita D. Arnau

John Carreras

Francisco Carreras

Gasparito Carreras

Maria Carreras

Antonica Lorenso

Mary Manusy

Paula Ferreira

Joseph Lopez

Jane Lopez

Paul Arnau

Catherine Leonardy

Catherine Leonardy, jr.

Roque Leonardy

Sabina Leonardy

John Leonardy

Mary Lopez

Jane Lopez, sen.

Fernanda Oliveros

Gabriel Maestro

Agraphina Cercoply

Frederica Cercoply

Clara Cercoply

Peter Copy



[
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] 10

Thomasine Hogan

Manuel Andrew

Gastina Andrew

Francisca Andrew

Juan Andrew

Geronimio Andrew

John Andrew

Bartolo Segui

Margarita Segui

John Capo

Mary Capo

John Capo

Benansia Capo

Cloudia Capo

Rafaela Cammel
Jane Cammel

Catherine Cammel
Mary Pacetty

Domingo Cercopoly

Antonia Manusy

John Segui

Jane Segui

Jose Bayar

Catalina Bayar

Joseph Manusy

Juana Manusy

Magarita Martin

Juana Manusy, jr.

Joseph Manusy, jr.

Maria Manusy

Felix Manusy

ManuelManusy

Diego Hernandez

Juliana Hernandez

Antonio Andreu

Maria R. Andreu

Antonio Lopez

Maria Lopez

Martina H. Pomar

Gabriel Capo, sen.

Margaret Capo

Jose Capo

Gabriel Capo, jr.

Malina Capo

Andres Pacetty

Sally C. Mason

Maria T. C. Mason

Ann Mason

Elizabeth Smith

Matilda Mason

Frances Lloyd

Malina Hernandez

Joseph Andreu

Joseph Pacetty

Juana Benet

Rafael Benet

Francisca Gonzales

Antonio Andrea

Severina C. Andreu

James Hernandes

Dominge J. Hernandez;

Anna Hernandez

Estanislada T. Benet

Maria C. Benet

Antonia Alverez

Jacob Toras

Joseph Barbara

Frances Hernandez

Demetrio Salas

Frances Salas

Andres C. Pacetty

Catalina A. Pacetty

Eml. J. Medicis

Josephine Medicis

Juan S. Pacetty

Fecla Y. Pacetty

Petronilo R. Lopez

Mary I. Lopez

Catalina Aguiar

Eu'sebia Russell

Eudorah Nelson

Mary A. Cooper

Victoria Cooper

F. Weedon

F. J. Weedon

Wm. H. Weedon
'

John M. Manusy

Geo. B. Weedon

Jas. B. P. Haskins

Ann M. Hernandez

S. H. Williams v

Jeremiah Hallisy

Richard Dillon

Dennis Hallisy

D. John Dioyre

John Coloole

Ellen Dillon

Francis Mone

Zachariah J. Hogans

Jane Rany Linsey

Thomas Mone

James Fagan



I

11
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Joachim Roman

Thos. H. Mone

James Fagan

John Hallisy

Sarah Fagan

Charles Byrne

Henry Hartley

Henry F. Hartley

Susanah Hartley

Thomas Bowden

John M. Bowden

Mary Ann Bowden

Mary Z. Hogans

John M. J. Bowden

Charles Summers

Camila C. Sanchez

Clara Gracesca

Rafaela Papy

Josefa Gue

Joseph Noda

Felicia Y. Mitchell

Leocadia Gomez

John A. Rose

Mary B. Rose

S. P. Anderson

M. W. Beard
William P. Haskins

M. A. Haskins.



12F21]

f
[seal.]

]
( (stamp.)

]

<! Isab. p. 1. g. de Dios y la Const. < ]
Sello. 3o.—As. 1846 y [

( ^
Reyna de Esp. '

J (
47. 2 Rs.

J

Sor. Aid. Mayor 4o.

Pbro. D. Benedicto Madeore, cura y vico gral. de la yga. de Sn.

Augustin la Florida, respetuamte ante vs. dice: Que receutando

p.a sa, yga. tener constancia autentica de la Cedula q.e inserta la

adjunta obra titulada Cronica de la Orden de S. Franco, la cual

le ha sido conpedida p.r el actual Guardian del convento de esta

Ciudad, y se halla en la pag. 114 al numo. 177, asi como de la

patente que le precede al p. 110, numo. n4, p.a q.e de ambos

recados integros se le de testimo. en forma p.r uno, de los Escri-

banos publicos con las desmas legalizciones de estilo, cree el ex-

ponente indispensable la autorisacion judicial, aftn de q.e se le

ministre con la economica posible, toda la ver que se versa sobre

el sevicio de una yga. pobrej en cuya virtud.

A. V. S. supca. Se sirva acceder a lo ^.e se solicita, acompananda

la obra a q.e se contrae, q.e se le devolvera, en lo q.e recibia

merced. - Haba. y Abril 9, de 1847.

BENEDICTO MADEQRE.

Haba., Ahril nueve de 1847.^ .

De se el testimo q.e se solicita en el orden q.e corresponde.

PADILLA.

Patente del reverendisimo padre^ comisario general de YndiaSj Fray

Bernardo de Salva, sobre los conventos de Bayamo y Cuba.

Fray Bernardo de Salva, padre de la provincia de Cataluna,

comisario general de las Yndias, con plenitud de potestad por

nuestro reverendisimo padre fray Arcangelo de Mesina, ministro

general de toda la Orden de nuestro padre San Francisco.

[
Al padre fray Pedro Ruiz, sacredote y confesor, salud y paz en

el Senor

Habiendo algunos anos, que paso V. R. a la custodia de la

Florida, tocado de la centella del divino amor y lo del aprove-

chamiento de las almas de aquellos infieles con Espiritu, y deseo

de reducirlos, y traerlos al gremio de la Santa Madre yglesia

Romana y conocimiento de la Fe Catolica; y de hacerles capaces,

y obedientes a los mandamientos de Dios, con la confesion de los

sacramentos, sacandolos de la ceguedad, y esclavitud del Demonio;

y habiendo con su doctrina, cristiandad, y buen ejemplo hecho

muchos servicios a nuestro Senor en aquella tierra, como por



13
[
21

]

[SEAL.J

Isabel Second, by the grace of

God and the Constitution,

Queen of Spain.

f
(stamp.)

<1
3d stamp—1846-’47.

(
25 cts.

To the 'principal (4^4) Alcalde or Judge.

The presbiter Benedict Madeore, pastor and vicar general of the

church of Saint Augustine, in Florida, respectfully sayeth: That the

interest of his church requires an authenticated copy of the royal

ordinance, which will be found inserted in the accompanying work,

entitled, “Chronicle of the Order of Saint Francis,’’ which has been

conceded to him by the actual guardian of the convent in this city,

and will be found on page 114, of number 177. In like manner,

he requires a copy of the patent which precedes the foregoing,

found at page 110, number 174.

Your petitioner believes it indispensably necessary that the judi-

cial power should interpose and authorize true copies of both

articles to be made out, with all the formalities required by law, '

by a public notary, to the end that it may be furnished with that

economy usual in all cases where the service is rendered to a poor

church.

He begs that you will be pleased to accede to his solicitation,

and that the accompanying work may be returned to him, for which

favor, he will be obliged.

BENEDICT MADEORE.
Havana, April 9, 1847.

Give the copies required, with all the formality the law re-

quires.

PADILLA.

Havana, April 9, 1847.

Patent of the most Reverend Father^ commissary general of the

Indies, Friar Bernardo de Salva, over the convents of Bahama

and Cuba.

Friar Bernardo de Salva, father of the province of Catalonia,

commissary general of the Indies, with full power through our

most reverend father friar Archangel de Mesina, the general minis-

ter of the entire order of our father St. Francis.

To the father' friar Peter Ruiz, priest^ and confessor, health and

peace in the Lord.

Some years have elapsed since your reverence went to take

charge of Florida, being touched by a spark of divine love to seek

the salvation of the souls of those infidels, and animated wdth a

spirit and desire to bring them into the fold of our holy mother the

Church of Pvome, by making them acquainted with the Catholic

faith, and thus make them capable of understanding and obeying

the laws of God, acknowledging his sacraments, removing them

from the blindness and slavery of the devil, and having, by your

doctrine, Christianity and good example, rendered many services



14[ 21 ]

el leiones de personas fidedigans consta a por lestimonio y car-

tas del gobernador, Pedro de Ybarra; y habiendo venido a iiues-

tra preferencia para pedir, y suplicar a S. M. y a su real consejo

de las Yndias, que se doliesen de aquellas almas redimidas

con la Sangre de Cristo, que por falta de ministros del Evan-

gelioj pasan naiifragio por la ignorancia de ley, perecen, y se

mueren viejos sin sacrementos, y ninos sin el baptisimo; y
atendiendo al grande afecto de animo, que V. R. hapuesto en la

prosecucion de esta tan Santa obra, y a su mucha religion, celo, y
prudencia en las cosas de observancia de nuestro estado, y pro-

fesion, le handado licencia para llevar ciertos religioso, de los

cuales por orden de S. M. le hemos hecho comisario, para que los
que conocier ser a proposito para aquella tierra los lleve consigo,

como por otra patente particular para esto consta. por tanto

deseando el bien, y aumento de nuestra religion, y que las cosas

de ella vayan de bien en mejor, y habiendo consultado con algunos

religiosos de buena conciencia, y satisfaction practics en aquella

tierra y ultimamente con los padres de la orden congregados (he San

Juan de los Reyes de Toledo, a catorce de Junio, de mil seiscientos y
nueve; y habiendoles pareci(lo no solo conveniente, pero muy del
servicio de nuestro Senor: que el convento de la Habana, Santiago

de la Ysla de Cuba, y el del Bayamo se tovasen al gobierno de este

officio, por estar tan lejos de prelado, que les pueda mirar con

propios ojos, y proveer de remedio en las cosas que lo pidieren,

como estuvo en tiempo del padre fray Francisco de Guzman

nuestro antecesor, y que asi para el bien particular de la religion,

como por otros particulares, y justos respectos convenia, que los

dichos conventos se juntasen con los de la Florida, y de todos se

hiciese una y muy buena honrada custodia, que este inmediatemente

aneja a este oficio, gobernando la de aqui, y provey endo lade prelados

y sudditos; y de todo lo que conviniere para la edificacion, aumento

y conservacion, asi de lo corporal, come de lo espiritual; y que

efectuandose esto, se conseguira conmas facilidad el fin deseado,

que es la paz y concordia con los gobernadores, que por no haberla

havido los anos atras, han sucedido muchos inconvenientes, los

cuales, cesaran con poder mudar un religioso de la Florida a la

Habana, y se cobrara el buen nombre, y reputacion, Dios sera

servido, el pueblo y tierra edificado, y la religion aprovechada, y
que S. M. y su real consejo de las Yndias, tendran esto por mas

acertado gobierno, y le sera grata la resolucion de este negocio,

confiando mucho de su cristiandad, prudencia, y .rectitud, y que

bien, y fielmente haran lo que fuere servicio de nuestro Senor, y



15
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21

]

to our Lord in that country, as appeareth from the information of

many creditable persons, as well as from the letters of the governor
Peter Ibarra, and having come to seek our preference to the end
that we should invoke and supplicate his majesty and his royal
council of the Indies to take pity upon, and compassionate the

situation of those souls who, redeemed by the blood of Christ, are

likely to suffer shipwreck for want of ministers of the Gospel

to dispel their ignorance of the law, under which the aged die and

perish without the sacraments, and the children without bap-

tism.

Taking into consideration the zealous spirit which animates your
revere#ce in the prosecution of this holy w*ork, your profound

religion, and the prudence which you observe in every thing relating

to our State and profession; the liberty of carrying with you cer-
tain religious persons, has been conceded to you, over wliom we
have inade you commissary, by order of his majesty; you will,
therefore, select such persons as you may deem proper for that
duty, and take them with you, for which purpose another special
patent shall be given to you. Desirous of the prosperity and
advancement of our religion, and that everything appertaining
thereto may proceed from good to better, we have consulted with
some religious persons of good conscience and practical experience
in the affairs of that country, and particularly with the fathers of
the congregated order of St. John of Toledo, on the fourteenth day
of June, one thousand seven hundred and nine; and it having
appeared to them not only, but neoessary to the service of our Lord
that the convents of Havana, St. Jago de Cuba, and the Bahamas
should be taken under the government, of which commissary^
because they are distant from any prelate who may personally
watch over them, and provide the proper remedies to such evils as
may present themselves, as was the case in the time of father friar
Francis Guzman, our antecessor—We esteem it convenient for the
particular good of religion, as well as for other particular and just
reasons that the aforementioned convents should be united to those
of Florida; and, from the whole thus united, a good and honored
custody, or charge, should be formed, which shall be subject to
this office, from whence it shall be governed and provided with
prelates, subjects, and everything that may be necessary to the
edification, augmentation, and conservation of it, both in a corporal
and spiritual sense; this being effected, we will obtain, with more
facility, the desirable object of restoring peace and concord
between their different governors; among whom, for want of this
measure, many differences have arisen, all of which will cease with
the introduction and exercise of power to remove religious persons
from Florida to Havana, by which the good name and reputation of
the different convents will be recovered, the service of God promoted
the people and country edified, and religion advanced. His majesty
and his royal council of the Indies, will esteem this to be
the best mode of government, an.d he will cheerfully ratify
and confirm it. Confiding in your piety, prudence, and rectitude
that you will, well arid faithfully, labor in the service of our Lord^



16
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]

descargo de nuestra conciencia en lo que toba al buen gobierno, y
aprovechamiento de los Naturales; por la presente en la mejor

forma, y manera, que poderaos, y derecho devemos, nombrarao^,

creamos, y elefimos a Vuestra Reverencia por cuslodio de la dieha

nuestra custodia de Santa Elena de la Florida, a la cual desde

luego unimos, aplicamos, e incorporamo3 el convento de San Sal-

vador de la Habana, Santiago de la Ysla de Cuba,
y el del

Bayamo: y porque en esta Santa obra Vuestra Reverencia no

pierda el merecimiento de la Santa obediencia, por ella, en virtud

del espiritu Santo le mandamos, que con los dichos siete religiosos

se parta para alia, y segun la gracia, y talentos, que le ^ dado
nuestro Senor ejercite su oficio; y para que mejor lo pueda hacer,

in utroque foro le damps toda nuestra auotoridad, sobre losconven-

tos, y doctrinas de la dicha custodia, convienne a saber el convento

de la Concepcion de Nuestra Senora en la ciudad de San Augustin,

el convento de San Salvador de la Habana, el convento de Santiago

de la Ysla de Cuba^ el convento de Nuestro Padre San Francisco

del Bayamo, el convento de Santa Catalina de Guale, el convento

de la Ysla de San Pedro, el convento de San Juan del Puerto, el

convento de San Buenaventura de Guadalqulvi, el convento de

Santo Domingo de Asao, el convento de San Antonio de Guadulce,

el convento de Santa Ana de patano, y sobred todos los religiosos

de ellos, asi subditios, como prelados, para que en virtud de esta

nuestra patente les pueda consolar, y acariciar, corregir, castigar,

ligar con censuras, y absolver de ellas, y encarcelar, y sacar de la

carcel en casos leves con sola su autoridad, y en los graves con

consejo de los DeSnidores, desterrar, y reducir, privar, suspender,

y
habilitar, recibir novicios en el convento de San Agustin, y en

^el de la Habana, y admitirlos a profesion; fundar conventos de

nuevo, precediendo licencia de S. M. y de su real consejo de las

Yndias, y de prelado obispo, o Arzobispo en las partes, y lugares

donde entendiere, que sera mas conveniente. Hacer constituciones,

mudar Frailes de un convento a otro, dar licencias para ordenes,

invocar capitulo a su tiempo, presidir en el, y hacer eleccion, y
selecciones de difinidores, guardianes, instituir confesores, y predi-

cadores, y los demas oficios, y hacer, disponer, y concluir todo lo

que fuere necesario al buen gobierno de la dicha custodia, reforma-

cion de lo caido, y conservacion de lo perfecto; aumento de la

pura observancia de nuestro estado, y regia, teniendo gran adver-

tencia, que en las doctrinas se pongan fiayles de ejemplo, y virtud,

y que a lo rnenos puedan confesar en la lengua, y lo principal sin

codicia; pues los hijos de nuestro padre San Francisco tan agenos,

y
limpios debemos estar de ella, guacdando en todo lo ordenado

por el concilio Tridentino, y lo que disponen las constituciones

generales de la orden, y las particulares de la custodia; y
lo hace



17
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]

and satisfy our conscience in regard to the good government and

careful attention to the interests of the natives, we do, by these

presents, in the best form and manner we can, and of right ought

to do, nominate, create, and elect your reverence as director of our

aforesaid custody, or charge, of St. Helen, in Florida, to which,

from this moment, we unite, and incorporate the convent' of

St. Saviour, of Havana, Santiago of the island of Cuba, Bahama,

and, in order that your reverence may not lose the merit of, or be *

undeserving of that holy obedience which this work requires, we,

by virtue of the Holy Ghost, command you to depart for that

country with the seven religious persons mentioned, and there,

according to the grace and talents with which God has endowed

you, discharge your official duty. In order that you may better be

enabled so to do, we give you, in utroque foro^ all our authority

over the convents and religious meetings comprised within the afore-

mentioned custody, or charge, viz : The convent of the Conception

of our Lady in the city of St. Augustine, the convent of St. Saviour,

in Havana, the convent of St. James, in the island of Cuba, the

convent of our father St. Francis, in Bahama, the convent of St.

Cataline, of Guadaloupe, the convent of the island of St. Pet^r, the

convent of St. John of the Port, the convent of St. Bonaventure of

Guadalquiver, the convent of St. Dominick of Asao, the convent of

St. Anthony of Guadulce, the convent of St. Ana of Patano, and

over all the religious persons contained therein, both subjects and

prelates, to all of whom, by virtue of this patent, you can console,

caress, correct, punish, bind and censure, and absolve them there-

from, and to imprison andttake them out of prison by your own

authority in trivial cases and in grave cases, by and with the con-

sent of your definitive councillors; to banish, and reduce, deprive,

suspend, and restore; to receive noviciates in the convent of St. v

Augustine, and that of Havana, and admit them to profess. To

found new convents, the previous permission and license from

his majesty and his co^bil of the Indies, and with the consent of

the prelate, bishop, or archbishop of the port or place understood

^
to be most convenient. To make constitutions, to change friars

from one convent to another, to give permission to take orders,

to invoke a chapter at the proper time, over which you will pre-

side, to make election or elections of definitive councillors, guar-

dians, institute confessors and preachers, and all other officers.

To do, dispose, and conclude all that may be necessary to the

good government of the said custody, or charge, to the reformatibn

of the fallen, and conservation of those who are perfect. To in-

crease the rigid observance of our State and regulations. Having

great care to place in all religious meetings friars of the most exem-

plary virtue, who may be able to hear the confession of penitents in
their own language, and be particular that they be not avaricious,*

for the sons of our father St. Francis should eschew that vice, and »

keep themselves free and clean from it, observing, with exacUtude,

all that is ordered by the council of Trent, as well as all that is

•ordered by the general constitution of the order, and constitution

of the particular custody, or charge, to which we belong. We
2



mos a V. R. y a los religiosos de ella, imraediatos a Nos, y a

nuestros sucesores sin que ningun superior inferior Nuestro se

entremeta en su administracion, y gobierno: para cuya debida

ejecucion exortainos, y a' mayor merito mandamos por Santa

Obediencia en virtud del espiritu Santo, y pena de escomunion

mayor al guardian, y frayles de rBestros conventos de la Hobana,

Ysla de Cuba, y del Bayamo, como el custodio, difinidores, y
demas religiosos de nuestro convento de la Florida, obedescan a

V. R. en todo y por todo, como a su legitimo prelado y custodio

criado por Nos, para la refermacion, bien, y aumento de la religion

en la dicha custodia, sin que se ponga impedimento, ni estorvo por

los provinciales' de la provincia del Santo Evangelio de Mejico,

Santo Domingo de Venezuela, por nuestros comisarios generale^

iii por otra persona alguna, a los cuales, y a cada uno de ellos,

mandamos por la misma Santa Obediencia, y sopena de escomunion

mayor tengan los dichos conventos de San Salvador de la Habana,.

Santiago de la Ysla de Cuba, y San Francisco de Bayamo por

desunidos, divididos, y separados de las dichas provincias, y por

aplicados, unidos e incorporados a la dicha nuestra custodia de

Santa Elena de la Florida con las Fundaciones, mandas, limosnas,

•
que al presente tienen, y tuvieren de aqui adelante, y a V. R. per

su prelado, y. custodio; a quien. y a sus sucesores toca y pertenece

el gobierno y administracion de ellos, y de lo demas de la dicha

custodia.

Dada en San Francisco de Madrid a diez y echo de Noviem-

"bre de mil, seiscientos, y nueve anos, firmada con el sello mayor

de nuestro oficio, y refrendada de nuestro secretario, fray Ber-

nardo de Salva, comisario general de Yndias.
^

Por mandado de Nuestro padre Reberendisimo; fray Diego de

Cecilia, secretario.

Cedula de su Magestad, para que los conventos de la orden fun-

dados por otras provincias en la Ysla de Cuba, se den a la custodia

de Santa Elena de la Florida.

El Rey. Todos y cualesquiera mis jueces, y justicias de las

islas, y
provincias, que se compreenden en las Yslas de Bar-

lovento, y demas partes de mis Yndias Occideiitales, y cada

nno, y cualquiera de vos en vuestra jurisdiccion. Sabed que

por parte del comisario general de las Yndias de la Oiden de

San Franoisco, que reside, en mi corte, Svj me ha hecho relacion^

que por causas, que a ello movieron, se acordo en la ultima

congregacion general de su orden, que se tuvo en la ciudad

de Toledo, que se hiciese una custodia de los coventos de las,

provincias de la Florida, y de la Ysla de Cuba, que antes eabants

^separados; que el cumplimiento de ello habia mandado poner en

ejecuoion por una patente suya dada en Madrid a diez y ocho de

Noviembre del ano pasado de mil, scisientos, y nueve, suplican-

dome, que para que esto pueda tener el buen efecto, que conviene,

le mandase dar mi cedula, pora que por vuestra parte lo favorecie-



19
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]

make your reverence and those religious persons within said cus

tody, or charge, near or next to us and our successors, and will

not permit any person, either superior or inferior to you, to med-

dle with, or disturb your administration or government; and for the,

faithful observance of this, we exhort, or to give it more force,

we command, by virtue of the Holy Ghost, the perfect obedience,

under pain of excommunication, of the guardian and friars of our

convent in Havana, and island of Cuba, of the Bahamas, as well

as the director or superintendent of our convent in Florida, to

the end that they obey your reverence in all and for all, -as their

legitimate director or superintendent created by us, for the good

and augmentation of religion in and within the limits of said cus-

tody or charge. Nor shall any impediment or embarrassment be

offered to you by our provincial of the province of the Holy Evan-

gelist of Mexico; nor by him of St Dominick, in Venezuela; nor

by our commissary generals; nor by any other person whatsoever;

to all of whom we command by the same holy obedience, under
pain of major excommunication; that they consider the aforesaid

convents of the Saviour, in Havana, St. James, of the island of

Cuba, and St. Francis, in Bahama, to be disunited, divided, and

separated from their respective provinces; and applied, united,

and incorporated to our said custody or charge of St. Helen, in

Florida; together with the foundations, commands, and alms,

which they at present have, or may have hereafcer, and of which

your reverence is the prelate or director; bo whom and to your
successors it belongeth and appertaineth to administer upon and

govern them, as well as ejgerything else within the limits of your

custody or charge.

Given in St. Francis, in Madrid, this eighteenth day of Novem-

ber, one thousand six hundred and nine years, signed with the

great seal of our office, and countersigned by our secretary friar

Bernard Salva, commissary general of the Indies.

By order of our most reverend father friar, James Cecilia, Secre-

tary.

Royal order of his majesty to annex to the custody or charge of

St. Helen, in Florida, the convents on the island of Cuba, which

were founded by, and hitherto attached to other provinces.

The king, to all and every one of his judges and justices in the

islands and provinces in the Windward Islands and other parts of

his Indies in the west, to each and every one of you in your proper

jurisdiction: Know ye, I am informed by the comhiissary general

of the Indies, of the oi^er of St. Francis, who resides in my court,

that, for causes by which they were incited, it wms determined in

the last general meeting of the order, held in the city of Toledo,

that there should be maife a custody or charge of the convents of

Florida and the island of Cuba, which were heretofore separated.

In compliance with that determination, their patent has been issued

in Madrid on the eighteenth day of November of the past year,



20
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21

]

sedes; y habiendose visto* por los del mi consejo de las Yndias juri-

tamente con la dicha patente, que originalmente ie presento en el

mi ha parecido ordenaros, como por la presente os lo ordeno, y
mando que todos, y cada uno, y cualquier de vos en vuestra juris-

diccion, como dicho es, deis al padre fray Pedro Ruiz de la dicha

Orden de San Francisco, custodio nombrado por la dicha patente

todo el favor, y ayuda en lo que se le ofreciere,y hubiere menester

para su mejor cumplimiento, que de ello me tendre por servido.

Fecha en Selina, a pinco de junio de mil, seiscientos, y diez anos.

Yo el Rey, por mandado del Rey Nuestro Senor, Juan Ruiz de Con-

treras.

Es conforme a sus originales que se hallan colocados a la pagina

ciento diez numero ciento setenta y cuatro, y pagina ciento catorce

numero ciento setenta y siete de un libro impreso que setitula

Chronica de la Religion de N. P. S. Francisco, libro primero

Capiuilo Viente oinco, cuyo libro contiene al principio las

aprovaciones y licentia competentes, suci fhas. en Madrid a

nueve, y diez y nueve de Mayo de mil Setecinetos cincuenta

y cicinto y en Roma a Veinto y seis de Februro, y viente

de Marzo de mil Setecinetos cincuenta y seis, el cual me fue

puestro de manifiesto a efecto de sacar el presente testimonio

que encumplimento de' lo mandad padre el mo. alcalde, mayor,

cesant Dr. Ramon Padilla, signo y firmo en la Habana a doce

de Abril de mil Ocbocientos cuarenta y siete renglones-ciento

vale.

JUAN DE ENTRALGO,
^Secreto. Hono. de S. M.

\

Los escribanos de la Reyna Nuestra Senora (Q. D. G.) que sig-

namos y firmamos certificamos y damos fe: que D. Juan *de Entralgo,

por quien aparece autorizado el testimonio que antecede, es secre-

tario honorario de S. M. y escribano publico del numero de esta

ciudad, fiel, legal, y de confianza; y a sus semejantes siempre se

les hadado y doi enterar fe y credito en’ambos juicios. Y para
constancia damos la presente sellada conel de Nuestro Real Colegio

en esta siempre fidelisiraa ciudad de la Habana a trece de Abril de

mU ochociento cuarenta y siete.
FRANCISCO DE ESCOVEDO,
MAN, VIDAL ALARCON,
FELIX LARRIN,

L. S.

L. S.

L. S.

Consulate of the United States,

Hqvana^ April 28, 1847.

I, Robert B. Campbell, consul of tne United States of America

for the city of Havana, do hereby certify that Francisco de Esco-

vedo, M. V. Alarcon, and Felix Larrin, whose signatures appear to



21 [ 21 ]

one thousand six hundred and nine, and in order that it may be

carried into full effect my royal order is required, in order that you,

on your part, should sustain and support it; the said determination

has been submitted to my council of the Indies, together with

the original patent. It has appeared to me proper to order and

command you, as I do by these presents order and command you,

each and every one in your appropriate jurisdictions, to give to the

aforesaid father friar Peter Ruiz of the said order of St, Francis,

nominated director or superintendent by the said patent, all the

favor and aid which he may require or find necessary for the better

fulfilment thereof, by which I will consider myself well served.

Given in Selma on the fifth day of June, one thousand six hundred

and ten years.

I, the king, by order of the king our Lord, John Ruiz, Contreras.

The foregoing is a true copy of the original which is found lo-

cated at page on ^hundred and ten, number one hundred and seventy

-

four, and page one hundred and fourteen, number one hundred and

seventy-seven of a printed book, entitled ‘^Chronicles of the religion

of our father St. Francis,” twenty-fifth chapter of the first book;

which book contains, at the beginning, the appropriate approbation

and licenses, dated in Madrid on the nine and nineteenth day of

May, one thousand seven hundred and fifty-five, and in Rome the
twenty-sixth day of February, and twentieth of March, one thou-

sand seven hundred and fifty-six, which was placed before me in

order that I might extract from it this certified copy in compliance

with the order of the majpr alcalde or judge Ramon Padilla, which

»I sign and seal in Havana, this twelfth day of April, one thousand

eight hundred and forty-seven.

JOHN ENTRALGO,
Honorary Secretary of her Majesty.

The notaries public of the queen, our lady, (whom may God pre-
serve,) who sign and seal beneath, certify, and give faith, that John
Entralgo, by whom the foregoing was authorized and sealed, is the
honorary secretary of her majesty, and one of the public notaries

of this city, and to his acts, as such, full faith, credit, and confi-

dence have always been given in both tribunals. In order that it

may so appear, we give these presents, sealed with the seal of our
royal college, in this ever faithful city of Havana, on the thir-

teenth (fay of April, one thousand eight hundred and forty-seven.

FELIX LARRIN,
MAN. VIDAL ALARCON,
FRANCISCO ESCOVEDO,

,L. S.

L. S.

L. S.

Consulate of the United States,

Havana^ April 28, 1847.

I, Robert B. Campbell, consul of the United States of America

for the city of Havana, do hereby certify that Francisco de Esco-

vedo, M. V. Alarcon, and Felix Larrin, whose signatures appear



22
[
21

]

to the foregoing certificate, are notaries public of the Royal Col-

lege of Notaries Public of the city of Havana,.

In testimony whereof, I have hereto set my hand and affixed

Tl s 1
office, at Havana, on the day of the date above

1-

*
*

* written.

ROBERT B. CAMPBELL.

Jll Govt. de*la Havana
j
co?i fha de 22 de MarzOj de 1737.

Mui Senor Mio:
# * *

El propio dia (todavia desde el Castillo) le requeri tercera vez

en nombre de S. M. reproduciendo y esforzando los dos antece-

dentes, con lo que vinieron los oficiales Rs. a enterarse del motivo

de mi venida y Rs. orderies; y habiendolas reconocido estos ininis-

tros le llevaroa copia en cuya vista tomo la atentada resolucionde

refugiarse en el Conbento de San Francisco,
y
aunque no me falto

este aviso de acuerdo con dho Yilmo. Senor Obispo no procedi a

aquella hora a diligencia publica alguna por ser de noche, y estar

todavia el Pueblo en confusion y aun en vandos no obstante que

temia alguna fuga u oculiacion de sus bienes, por lo que di algu*

Jias ordenes secretas a los oficiales que fueron biniendo poco a poco

en virtud de la carta de V. S. que lesremiti y otros que sagazmente

fui ganando. * * * *

Y considerando las perniciosas consequencias que debian espe-
rarse acia el Servicio de ambas Magestades (de que no pueden

ocultarse a la alta comprehension de V. S.) si el dho Dn. Fran-

cisco hiciese fuga (^n obstrvancia de la instruccion) mande al Capi-

tan, Dn. Phelipe Yturrieta con veinte y quatro granaderos que

cercasen el Conbento e incontinenti libre suplicatorio a Su Yllma.

a fin de que me allasse la inmunidad para extraer de ella a el

enunciado, y habiendole requerido su
Ylla. segun su obligacion

respondio que no estaba refugiado, sino que un accidente le tenia

alii con otras razones cuya anfibologia ya afirmaba ya negaba su re-

fugio. Tolere estos equivocos per espacio de quatro horas hasta que

viendo se acercaba la noche, la ninguna seguridad del Presidio y

demas graves inconvenientes que a V. S. no pueden ocultarse

repeti el Suplicatorio a el Yllo. Senor Obispo y se consigueo el
alla-

namiento con el qual pase al Conbento y se me entrego el tenunci-

ado Dn. Francisco del Moral diciendo no lo hacia como refugiado

sino voluntariamente. * * *
* * *

Dios Guarde a V. S. muchos anos como deseo y he menester.

San Augustin, de la Florida, y Marzo 22 de, 1737.

B. L. M. de V. Sa. su mas rendido y oblitjado servidor.

DON MANUEL JOSEPH DE JUSTIS.

Senor Don Juan Francisco de Guemes y Horcasitas.



23 [ 21 ]

the foregoing certificate, are notaries public of the royal college of

notaries, of the city of Havana.

In testimony whereof, I have hereto set my hand and affixed

[l. s.] my seal of office, at Havana, on the day of the date above

written.

ROBERT B. CAMPBELL.

To tht Governor of Havana^ under date of March 22, 1737.

My Dear Sir: ^ ^ ^ ^
* # * # * «=

The same day (still from the castle) I notified him again, a third

time, in the name of his majesty, repeating and fortifying the two

antecedent notifications upon which*the royal officers came to in-

form themselves of the motive of my arrival, as well as the royal

orders; and having recognized those ministers, they took a cop 3rto

him, in view of which he took the prudent resolution to take refuge

in the convent of St. Francis; and, although ^
was not unadvised

of this, yet, by virtue of an agreement with the most illustrious

bishop aforesaid, I did not, at that hour, proceed to take any public

measures against him, because it was night, and the town was in

confusion, the people being yet collected in bands I was not with-

out fear that he might fly or secrete his property; for which reason

I gave some secret orders to the officers, who gradually commenced

to come over, in virtue of your letter, which I remitted to him;

some others I gained by sagacious measures. * # * *

In consideration of the pernicious consequences that might result

to the service of both their majesties (which cannot be to the high

comprehension of your lordship) if the said Doctor should fly, (in

obedience to your instructions,) I ordered Captain Philip Itur-

rieta, 'with twenty-four grenadiers, to surround the convent, and

forthwith I despatched an official supplication to the most illustrious

bishop, desiring him to waive the prerogative of the church immu-

nity, in order that he might be taken therefrom; in conformity with

his obligation, took him to task, and he answered that he had not

taken refuge in the church'; that he was there by accident; to

which he added other equivocal reasons, sometimes affirming, and

at other times denying that he had sought refuge. I tolerated

these equivocations for the space of four hours, until, upon seeing

that the night approached, the insecurity of the garrison, and other

grave considerations, which will readily present themselves to your

lordship, I repeated the supplication to the bishop, who suspended

the church’s immunity; upon which I went to the convent, where

the said Francis Moral delivered himself up, saying he did it volun-

tarily, and not as a refugee. ****** ^^
God preserve your lordship many years, is the wish and desire

of your obedient servant, who kisses your hands. St. Augustine,

n Florida, May 22, 1787.
MANUEL JOSEPH JUSTIS.

To John Francis Guemes & Horeasitas.



24[ 21 ]

I, Antonio Alvarez, keeper of the public archives of East Florida,

do hereby certify the foregjoing to be a true abstract from a book

on file in my office, in which are copied the official letters from the
governor of East Florida to the captain general of the island of

Cuba, from 1737 to 1741.

Witness my hand and seal of office, at the city of St. Augustine,
[l. s.] State of Florida, this nineteenth day of November, A. D.

one thousand eight hundred and forty-seven.

ANTONIO ALVAREZ, K. P. A.

•[No. 1,010, Cna. La: 42, de Memorandum.]

( [seal.]
] [

[stamp.]
]

]
Isab. p. 1. g. de Dios y la Const. [ <[

Sello 3o.—As. 1846 y [
[

Reyna de Esp.
j [

47. 2 rs- J

Escmo Sor. Yntendente de Escto. Supdte. General de Real

Hacienda.

•

Pbro. Dn. Benedicto Madeore cura y Vicario general de la ygle-

sia^de San Augustine de la Florida, respetuosamte. ante V. E. dice:

Que necesita para sus fines particulares y' de puro ministro, que

por el archivero general de real hacienda se le provehea en copia

certificada de los documtos. qe. jurtifican haber sido vendidos en

confianza, en el ano de 1764, el convento de San Francisco la

casa Episcopal, y la yglesia de Ntra. Sra. de la Leche de la

provincia de San Augustin de la Florida, cuyos documentos obran

originales en la depende. del archive enunciado; proveyrndose

iguaimente certificacion relativa a la enagenacion del solar y paredes

de la yglesia nueva, hecha tambien en confianza, e insertandose a

la letra asi la declaracion del comprador, como cuanto conduzca

al mayor esclarecimento del asunto; en tal virtud

Suplica se sirva acceder a la solicitud referida en la precedte.

instancia, en lo qual recibira merced. Hab., y Mayo 14, de 1847.

Exmo Sor. BENEDICTO MADEORE.
Habano, 18 de Mayoj de 1847.

Informe el sor archivero gral.

{Rubric and initial of P. G. A.)

Escmo Sor:

En<re los diferentes fechos del archive particular de la Florida

Oriental, ecsistentes en este gral. de real hacienda de mi cargo, se

hallan les correspondientes a la comision que en el ano pasado de

1763, confirio el Escmo. Sor. Conde de Rida, gobernador y capitan



25
[
21

]

I, Antonio Alvarez, keeper of the public archives of East Flo-

rida, do hereby certify the foregoing to be a true abstract from a

book on file, in my office, in which are copied the official letters
from the governor of East Florida, to the captain general of th«

island of Cuba, from the year 1737 to 1741.

Witness my hand and seal of office, at the city of St. Au-
[s. L.] gustine. State of Florida, this nineteenth day of November,

anno domini one thousand eight hundred and forty-seven.

ANTONIO ALVAREZ.

[No. 1,010, Book 42, Memorandums.]

[sEAL.J
)

Isabel Second, by the grace of f
f

(stamp.)
)

God and the Constitution,
( ^

gd stamp—1846-’47.
j-

Queen of Spain.
) (

25 cts. J

To the most excellent Paymaster General of the army^ and Director

General of the Royal Treotsury.

The presbiter Benedict Madeore, curate and vicar general of St.

Augustine, in Florida, respectfully appears before you and sayeth:

That, for the particular and pure purposes of his ministry, he

requests the keeper of the general archives of the royal treasury

may be instructed to furnish him with a certified copy of the doc-

uments which prove that, in the year 1764, the convent of St.

Francis, the Episcopal House, the church of our Lady of Milk, in

the province of St. Augustine, in Florida, were sold, in confidence;

which documents exist in the original, now among the aforesaid

archives; and that, in like manner, he may be instructed to

furnish him with a certification of the sale of the lot and walls of

the new church, which was also made in confidence, inserting word

for word the declaration of the purchaser, together with whatever

may conduce to throw light on the subject. I beg that your

excellency will be pleased to accede to the request set forth in this

petition, by which I will receive a favor.

, BENEDICT MADEORE.
Havana, Afay 14, 1847.

Let the keeper of the archives give information on the subject.

{Rubric and initial of P. G. A.)

Havana, May 18, 1847.

Most Excellent Sir: Amongst the different dates of the par-
ticular archives of East Florida, which now exist in these general
archives of the royal treasury under my charge, are found that*
which appertains to the commission which the most excellent count

of Rida, governor and. captain general of the island of Cuba, in



26[ 21 ]

general de esta Ysla, al Sor. Don Juan Jose Eligio de la Puente,
para que recojiese los efectos y propiedades, asi de S. M. como de

los diferentes individous particulares que quedaron en la ciudad de

San Agustinj de cuyos antecedentes se deduce, que la evacuo en

todas sus partes en el siguiente ano, produciendo cuenta justifi-

cada do lo permutado vendido y conduceido a este puerto con toda

distincion y claridad.

Pero grandes dificultades le impidieron realizar tan de pronto

como se requeria por el ultimo tratado de paz con la Gran Bretana,

muchas de las propiedades asi del Estado como de los vecinos que

habian emigrado a esta Ysla, y queriendo salvarlas todas antes

que cayeran en poder de aquella nacion, como se declaraba por el

articulo 20 de los preliminares de dicliO tratado, estipulo con D.

Juan Gordon, traspasarle en confianza, el dominio de la casa

Episcopal, por la cantidad de mil pesos fuertes, el convento de

Sail Francisco por mill quinientos, y la yglesia de Nuestra Sra. de

la Leche por trescientos; y con D. Jesse Fish el solar y paredes

de la yglesia Nueva por cien pesos, lo rnismo que todas las casas

y Solares de los vecinos al Sud y Norte, desde la portada de la de

los gobernadores, suscribiendose por ambos compradores la obliga-

cion en que quedaban de venderlas por cuenta del Estado y de sus

duenos, y declarando no haber pagado cosa alguna al Comisionado

Eligio de la Puente.

Asi consta de los instrumentos originales otorgados por Gordon

y Fish, en 20 y 28 de Julio, de 1764, de los que el Sor. esponente

pide copia certificada; y si V. E. no tuviere inconvenente, podra

servirse disponer se le faciliten, o determinar lo q. fuere desu su

por. agrado. Archivo gral. 19 de Mayo, de 1847.

NATTES.

Habana, 20 de Mayoy de 1847.

Atendido el precedente informe vuelva este espedte. al archivo

gral. para que a continuacion espifla la certificacion solicitada pr.

el promovente a quien la entregara.

VILLANUEVA.

Don Jose del Ros&rio JVatteSy Yntendente honorario de Provinciaj

y Archivero general de Real Hacieiida de la Ysla de Cuhay y de

su Real Junta de FomentOy pr. S. M.

'Certifico: Que entre los papeles pertenecientes al archivo parti-

cular de la Provincia de San Angustin de la Florida, que obran en

el general de Real Hacienda a mi cargo, se encucutran origma l«s,

los documentos que a la letra son como sigue.

San Augustin y Julio dos de mil setecientos sesenta y cuatro

—

confieso por este haber recibido de Don Juan Jose Eligio de la



27
[
21

]

the year 1763, conferred upon Don John Joseph Elijah Puente, in

order that he might collect the effects and property of his majesty,

as well as of private individuals, w’hich remained in the city of St.

Augustine, from which it may be deduced that the entire province

was evacuated in the following year; there are on file regular ac-

counts of ail that was permuted, sold, or conveyed to this post,

and substantiated in the most clear and satisfactory manner.

There was found great difficulty to realize, with that promptitude

which the last treaty of peace with Great Britain required, much

of the property of the Slate, as well as that of citizens who had

emigrated to this island; and, being desirous to save it all before

it should fall into the power of that nation, as set forth in the 20th

article of the preliminaries of said treaty of peace, it was stipu-

lated with Mr. John Gordon to sell or pass over to him in confi-

dence, the dominion of the Episcopal-House for one thousand dol-

lars, the convent of St. Francis for one thousand five hundred dol-

lars, the church of our Lady of Milk for three hundred dollars,

and to Jesse Fish the lot of ground and walls of the new church

for one hundred dollars, to whom was, in like manner, sold in con-
fidence, all the houses and lots belonging to citizens situated to the

north and south of the entrance to the governor’s house. An obli-

gation was subscribed by both purchasers, obliging themselves to

sell them for and on account of the State and owners of said prop-

erty; declaring, at the same time, that they had not paid anything

to the commissioner, Elijah Puente. Such are the facts as set forth

in the original documents executed by Gordon and Fish, on the 20th

and 28th of July, 1764, of which the petitioner requires a certified

copy; and, if your excellency esteems it proper, they may be fur-

nished to him, or your excellency may determine what, in your

opinion, is most proper.

Office of General Archives, May 19th, 1847.
Most excellent sir,

NATTES.

Havana, May 20, 1847.

In virtue of the preceding information, return these proceedings

to the keeper of the general archives, in order that he may furnish

to the petitioner the certified copies which he solicits, and deliver

to him.

VILLANUEVA.

Joseph Rosary Nattes, honorary superintendent of the province,

and keeper of the general archives of the royal treasury of the

island of Cuba, and member of the royal society for the encourage-

ment of industry, by order of her majesty,

Certifieth that amongst the papers belonging to the particular

archives of the province of St. Augustine, in Florida, now existing

in the general archives of the royal treasury, under his charge, are

found the originals, of which the following is a copy, word for

word, and letter for letter:

‘‘San Augustine, July second, one thousand seven hundred and

sixty-four. I acknowledge to have received from John Joseph Eli-



28[ 21 ]

Puente, un instrumento de venta a mi favor, del Convento de San

Francisco, en cantidad de un mil quinientos pesos fuertes; y otro

igAial docuraento de la Yglesia de Nuestra Senora de la Lechetres-.

cientos pesos, arabos en este^
y sin embargo de ellos ofrezco y pr.o-

raeto el venderlos, y disponer, de dicho Convento e Yglesia, con

las mayores ventajas que me sean posiblt en beneficio de cuenta de
sus propietarios, y remitir su importe al supradicho Don Juan, o
pagarlo a su orden.’’

“JOHN GORDON.”

“ San Augustin y Julio veinte de mil setecientos sesenta y cuatro.

Confieso por este haber recibido de Don Juan Jose Eligio de la

Puente, un instrumento de venta a mi favor, de la Casa^Episcopal

en esta, por la cantidad de un mil pesos fuertes, y sin embargo de

el ofrezco y prometo el vender y disponer de la dicha casa con la

mayor ventaja que me sea posible, en beneficio y de cuenta de su
propietario o propietarios, como de remitir el importe al supradi-

cho Don Juan, o pagarlo a su orden.” •

“JOHN GORDON.”

Certifico asi mismo, que por otro documento eucabezado asi

Razon de las Casas y Solares que se-hallan a la fecha sin vender,

por no haber habido ni haber ninguno que quiera comprarlas, en

cuya virtud, las traspaso bajo de confianza a Don Jesse Fish, va-

sallo de S. M. B., poniendole solo para la formalidad de la precisa

escritura de venta, el valor de las cortas cantidades que se citaran

al marjen del nombre de cada persona a quien corresponden, y son

a saber. Al sur desde la portada de la casa de los gobernadores,”

aparece incluso en las ciento ochenta y cinco posesiones, el solar y
paredes dela yglesia Nueva, con valor de cien pesos; y al pie la

declaracion del citado Don Jesse Fish, concebida en los terminos

siguientes. Digo yo Don Jesse Fish, vasallo ne S. M. B., que

confieso haber recibido de Don Juan Jose Eligio de la Puente,

apoderado general para la venta de los bienes» raices y muebles de

los vecinos espanoles que fucron de este presidio, dos escrituras

fechas a veinte y cuatro y viente y siete del corriente mes y ano,

en que me otorga venta Real de. todas las Casas y solares pertene-

cientes a dichos vecinos que se espresan enla razon antecedente; y
por lor bajos precios que van citados al marjen del nombre de la

persona a quien corresponde cada casa o lolar; sobre que declare

por este no le he pagado cosa alguna a cuenta de las referidas

casas y solares, pues las mencionadas dos escrituras solo son de

confianza, y para el fin de asegurarles el derecho a sus legitimos

duenos, cuando lo pierdan, segun lo prevenido en el articulo veinte

de los preliminares de la ultima paz; anadiendo tarabien q me ob-

lige desde ahora y hasta que lo cumpla, a dar al enunciado Don Juan

Jose Eligio de la Puente, o a su voluntad, la mas puntual cuenta y



29
[
21

]

jah PuentS an instrument of sale, in my favor, of the convent of St.

Francis, for the sum of one thousand five hundred dollars cash, and

likewise another document of the same class, for the church of our

Lady of th& Milk, for three hundred dollars, both in this place;

notwithstanding which I offer and promise to sell and dispose of

said convent and church to the best possible advantage for and on

account of their proprietors, and remit the proceeds to the above-

mentioned Puente or pay it over to his order.^’

“JOHN GORDON.’’

“St. Augustine, July the twentieth, one thousand seven hundred

and sixty-four. I acknowledge to have received from John Joseph

Elijah Puente an instrument of sale, in my favor, of the Episcopal
house in this city, for the sum of one thousand dollars in coin, and

notwithstanding which I offer and promise to sell and dispose of said

house to the best possible advantage for the benefit of and on

account of its proprietor or proprietors, and to remit the proceeds

thereof to the aforementioned Puente, *or pay it ovej to his order-”

“ JOHN GORDON.”

I further certify that another document, whose caption is as

follows, sayeth :

“Account of the houses and lots, which, up to the present, have

not been sold for want of purchasers, for which reason they have

been sold or passed over in confidence to Jesse Fish, a vassal of

his Britannic majesty, giving him only for the precise formality of

the case a deed of sale upon themargin, of which is cited the value

of each property and the name of the proprietor. They are as fol-

lows: to the south of the front entrance of the governor’s house

there appears to be included one hundred and eighty-five posses-

sions, amongst which "are the lot of ground and the walls of the

new church, valued at one hundred dollars. At the foeit of that

statement is found the declaration of the aforementioned Jesse

Fish in the following terms: I, Jesse Fish, a vassal of his Britannic

majesty, do hereby acknowledge to have received from John Jo-

seph Elijah Puente, general commissioner for the sale of property,

both moveable and immoveable, belonging to Spanish subjects who

left this garrison, two deeds, dated one on the twenty-fourth and

the other on the twenty-seventh of this present month and year, in

which a real sale is executed to me of all the houses and Jots be-

longing to the aforesaid subjects as expressed in the preceding ac-

count or note, and at the low prices stated in the margin, giving

the names of the proprietors of each house and lot of ground, upon

which I do hereby declare that I have not paid to him anything on

account of the said houses and lots, and that the aforesaid deeds or

contracts of sale were made in confidence, and for the purpose of se-

curing to 'the legitimate owners their right therein, which they

were about to lose under the provisions of twentieth article of

the preliminaries for peace. I further add, that both now and
hereafter I oblige myself to give to the aforesaid Puente, or to



30[ 21 ]

pago, del procedido de las nominadas casas y solares, cpya venta

ofrezco ejecutar, luego que haya compradores, con el mayor ade-

lantamiento y estimacion que me sea posible; y para que asi con>te

firrae el preserite en San Augustin de la Florida, a veinte y ocho de

Julio de rail setecientos sesenta y cuatro anos; Jesse Fish.’’

Finalraente certifico, que del espediente instruido en esta cuidad,

a consecuencia del aulo de seis de Febrero del propio ano de mil

setecientos sesenta y cuatro, del Ylustrisimo Sor. Ur. Don Pedro

Augustin Morel de Santa Cruz, Dignisirno obispo de le Santa

yglesia caledral de Santiago de Cuba, para que se in ventariasen los

ornamentos, altares, efigies, campanas y alhajas pertenicientes a la

yglesia Parsoquiai y Cofradias de San Augustin de la Florida, que

se trajeron a esta Plaza por Don Simon de Hita en la goleta titula-

da Nuestra Senora de la Luz, que la Ermita de Nuestra Senora de

la Le che, estaba edificada estramuros de aquel preside, conforme

a las declaraciones ministradas por Don Juan Crisostomo de Acosta,

vecino que fue de dicha ciudad de San Augustin de la Florida, y
notario de su Curia Ecleciastica, y Mayordomo tarabien de la

yglesia Parroquial, remitiendose a los Libros de su cargo, y a todos

los antecedentes del asunto.

Y en cumplimiento del precedente decreto del Escmo. Sor. Conde
de Villanueva, superintendente general delegado de Real Hacienda

de esta isla, espido la presente, teniendo a la vista los precitados

documentos, que quedan en esta oficina de mi cargo, y a que me

remito. Habana y Mayo veinte y uno de mil ochocientos cuarenta

y siete.

JOSE DEL ROS: NATTES.

Consulate of the United States,

Havana
j
May 21, 1847,

I, Robert B. Campbell, consul of the United States of America

for the city of Havana, do hereby certify that the signature to the

foregoing instrument of writing is the true signature of Jose del

Rosano Nattes, the keeper of the records of the royal hacienda of

the Island of Cuba, and his official acts are, in my opinion, en-

titled to faith and credence.

In testimony whereof, I have hereunto set my hand, and affixed

P
, my seal of office, at Havana, on the day of the date

above written.

ROBERT B. CAMPBELL.

Exmo Senor:

Con mucho sentimiento mio, tengo que participar a V. E., que

ayer manana a las nueve y media, al instante que salir por esta

Barra, con destimo a esa, la Balandra Santa Catalina del cargo de

Don Vicente Lardivol, con los pliego^ del real servicio, y corres-

pondencia publica, me sorprendio la noticia de fuego enlos Quar-

teles viejos o Ingleses.



31 [ 21 ]

liis order, a most punctual account, and payment of the proceeds

of the said houses and lots—the sale of which I promise to verify
as soon as purchasers may offer, and to the best possible advantage.

In order that it may so appear, 1 sign these presents in St. Augus-

tine, Florida, on this twenty-eighth day of July, one thousand seven

hundred and sixty-four years. •

“JESSE FISH.’’

Finally, I certify that in the proceedings instituted in this city

in consequence of the decree, dated February sixth, one thousand

seven hundred and sixty-four, of the most illustrious Doctor Peter

Augustine Morel, of Santa Cruz, the most worthy bishop of the

holy Catheral church of St. James, in Cuba, ordering an inventory

to be made of the ornaments, altars, effigies, bells, and jewels, be-

longing to the parish church and religious associations of St. Augus-

tine, in Florida, which were brought to this place' by Simeon Hita,

in the schooner named our Lady of Light, it appears that the her-

mitage or chapel of our Lady of Milk v/as built without the walls

of the garrison of St. Augustine, which fact is substantiated by the

declaration of John Crisostom Acosta, who was a citizen of said

city of St, Augustine, in Florida, ecclesiastical notary and major-

domo of that parish church, who refers to the books under his charge

for the antecedents in the case

In fulfilment of the decree of the most excellent count of Villa-

nueva, delegated superintendent general of the royal treasury of

this island, 1 have executed these presents, having before me the

aforesaid documents, which remain in this office under my charge,
and to which I refer. Havana, May the twenty first, one thousand
eight hundred and forty-seven.

JOSE DEL ROS: NATTES.

[The above signature is duly authenticated by R. B. Campbell,

United States consul at Havana.]

Most Excellent Sir: With great regret I have to inform your

excellency, that yesterday morning at nine and half o’clock, being

the same instant in which the sloop St. Catharine was crossing the

bar, on her voyage to Havana, under the command of Vincent Lar-

disol, with despatches for the royal service and public correspond-

ence, I was surprised with the information that the old or English

barracks were on fire. In five minutes thereafter, notwithstanding



32[ 21 ]

^
En cinco minutes, sin embargo de estar indispuesto, me halle en

el sitio, y conoci,
a primera vista, que la voracidad de las llamas,

se habia apoderado de tal snerte de la parte superior del edificio,

que seria imposible atajarla aun exponiendo y perdiendo vidas, por

cuyo motive, y por la constante poca utilidad de la fabrica dedique

mi cuidado a saivar los efectos 4e Artilleria, almacanados en los

Quarteles vajos, lo que se logro en la mayor, parte, como asiraismo

el retirar todo lo perteiieciente al destacamento de dragones, alo-

jado alii, a escepcion de una porcion de maiz, y a cortar la comuni-

cacion del.fuego a las inmediatas Hayas, Cercas, y parque de Lena

de provision, que tambien se logro, quedando, en dos boras, com-

bertidos en ascuas ambos altos del expresado Quartel, compuestos

de madera, de las piezas vajas,y las Chimineas que son de ladrillo,

con los Pilares de piedra, que sortenien las Galejrias de maderamen,

que en el primero y segundo alto daban buelta al edificio entero.

La oficialidad, y tropa del Batallon de Cuba trabajaron en su

respectiva clase con esmero; debiendose lo que se ha salvado de

efectos a su actividad y aun arrojo, sin que individuo alguno se

haya desgraciado.

En primera ocasioii detal are a V. E. todo el suceso, y sus

resultas; siendome imposible agecutarlo en la presente; pero

importa, el hacer desde ahora presente a V. E., que a los apuros

que me cercaban antes, se ha aumentado, con este estrago, el de la

falta de Almacen para los efectos de artilleria de Quartel para los

dragones, y de Galera para los forzados, que es donde se conjetura

principio el fuego, bien que se ignoran las circumstancias.

Dios guarde a V. E. muchos anos San Agustin de la Florida, 26

de Mayo, de 1792.

Senor Don Luis de las Casas :

[Se copio a la Capitania General y al Exmo Sor. Ministro de
Hacienda en 15 de Novembre, de 1800.

J

1, Antonio Alvarez, keeper of the public archives of East Flori-

da, do hereby certify the foregoing to be a true and correct copy

of the original rough draught, on file in' my office, of an official

letter, marked No. 270, from the governor of East Florida to the

Captain General of Cuba.

Witness my hand and seal of office, at the city of St. Augustine,

P
-j

State of Flprida, this eighth day of December, A. D.

one thousand eight hundred and forty-seven.

ANTONIO ALVAREZ, K. P. A

I



33 [isl

my indisposition, I was upon the spot, and at once saw that the

devouriog flames had taken such complete possession of the upper

story of the building that it was impossible to arrest their progress,

even at the expense of life, for which reason, together with the

well known trifling value of the edifice, I devoted all my care to

saving the effects belonging to the artillery, which were stored in

the lower apartment, which was, in a great measure, effected. Al-

most all that belonged to the detachment of dragoons, who were

quartered therein, was in like manner safely gotten out, except

a lot of corn, which was destroyed. The fire was arrested in its

progress to attack the neighboring buildings, in which were depo-

sited the fixed ammunition, provisions, and wood for the use of the

garrison. In two hours everything inflammable about the building

was converted into cindersj the upper story being of wood, was all

destroyed, and of the lower story nothing now remains except the

walls and chimnies which were of brick, togeth,er with the stone

pillars which supported the galleries on all sides of the building.

The officers and men of the Cuba battalion, all in their proper

sphere, labored with great zeal and activity, to which' alone we are

indebted for all that was saved. No person was injured.

At the earliest opportunity I will give your excellency the de-

tails of the aflfair, together with the results, which I find it impos-

sible to do at present. It is important that I should make known

to your excellency that the difficulties which before surrounded me

have been greatly augmented by this misfortune, which has left

me without a place to secure the artillery property, and without
quarters for the dragoons, nor have I any place for the prisoners

who are forced to labor. It is conjectured that the fire commenced

in their quarters^ but how or in what manner has not been ascer-

tained.

God preserve you many years. St. Augustine, in Florida,' May

26, 1792.

Sir Don Louis Casas.

[This was copied for the captain general and for the most excel-

lent minister of the treasury, on the 15th of November, 1800.

J

I, Antonio Alvorez, keeper of the public archives of East Flo-

rida, do hereby certify the foregoing to be a true and correct copy

of the original rough draught, on file in my office, of an official let-
ter, marked No. 270, from the governor of East Florida to the cap-

tain general of Cuba.

Witness my hand and seal of office, at the city of St. Augustine,
State of Florida, this eighth day of December, A. D. one thousand

eight hundred and forty-seven.

ANTONIO ALVAREZ, K. P. A.

3



[
21

]
34

Washington, April 12, 1848.

The foregoing translation from the Spanish language, of various

documents which accompany the memorial of the Rev. Benedict

Madeore, addressed to the Senate of the United States, is correct.

JOHN BALDWIN.

In Senate of the United States.—June 29, 1848.

The Committee on Private Land Claims^ to whom were referred the
report of the Solicitor of the Treasury^ and sundry documents^

respecting the claims of the Rev. Benedict Madeore^ vicar general

of the Catholic church of Florida^ and of the Catholic congrega-

tion of St. Augustine^ Florida* to certain lots or tracts of land in

or near said city^ report:

That the committee approve of the suggestion of the Solicitor of

the Treasury, that these claims should be submitted to arbitra-

tion, and, therefore, report a joint resolution authorizing the same.

The submission should be

—

^1. As to the title of the claimants to the respective lots or

tracts of land, and buildings specified in their memorials, whether

legal or equitable.

2. As to the value of said property, and of each portion thereof,

at the time of the delivery thereof to the United States, and par-

ticularly of the buildings thereon at that time.

'3. The value of the use* and occupation by the United States

since.

4. The cost and the value of the improvements since placed on

each separate portion of said property.

5. The present condition and value of each separate portion of

said property.

6. If said property, or any part thereof, is decided to belong to

said claimants, or either of them, the amount that the United States

should, in equity and justice, pay to such claimant for the relin-

quishment of the title thereto^ and to whom the same should be

paid, and for whose or what use.

7. If the property should'be given up to said claimants, the

amount, if any, that should be paid to the United States for said

improvements.

^ The committee further report that the following papers, not here-

tofore printed, relating to said claims, should be printed for the

use of the Senate, according to its order:

I. Letter of the Solicitor of the Treasury to Hon. G. M. Dallas,

enclosing reports and papers, June 23, 1848.

II. Report of Solicitor, dated June 21, 1848, to Senate.

III. Circular of Solicitor to .departments, asking for information.

IV. Letter of Secretary of State to Solicitor, May 15, 1848.

V. Acting Secretary of the Treasury to Solicitor, May 11, 1848.

VI. Commissioner of General Land Office to acting Secretary of

the Treasury, May 8, 1848.



35
[
21

]

VII. Secretary of War to Solicitor, May 3, 1848.
VIII. Engineer office to Secretary of War, May 2, 1848.
IX. Secretary of Navy to Solicitor, June 3, 1848.
X. Surveyor General of. Florida to Solicitor, May 31, 1848.
XL United States Attorney for northern district of Florida to

Solicitor, dated Washington, June 13, 1848.

Office of the Solicitor of the Treasury,

June 23, 1848.

^

Sir; I have the honor to enclose you a report, under the resolu-
tion of the Senate, of the 21st of March last, on the claim of the
Rev. B. Madeore, to certain lands occupied by the government at
St. Augustine, Florida.

I have the honor to be, very respectfully, your obedient servant,

R. H. GILLET,
,

Hon. George M. Dallas,

Vice President and President of the Senate.

Solicitor.

Office of the Solicitor of the Treasury,

June 21, 1848.

To the Senate of the United States:

On the 18th of April, I received a resolution of the Senate in the
following words, to wit:

^

Ijv the Senate of the United States.

—

March 21, 1848.

Resolved, That the memorial of B. Madeore, vicar general, and
the memorial of the trustees and members of the Catholic church
at St. Augustine, Florida, and all the accompanying papers
be printed for the use of the Senate; and that the secretary of the
Senate cause the translations of papers filed to be corrected and
verified before the same are printed; and all said documents to be
transmitted to the Solicitor of the Treasury, who is directed to ex-
amine the same, and investigate said case; and procure copies of
all documents and papers relating thereto, in the public depart-
ments or offices, and other testimony that he can obtain, relating
to the title of the United States to the property claimed, and com-
municate the same to the Senate; and make report, as to the merits
of said case, as early as practicable, during the present session

Attest:

ASBURY DICKINS,
Secretary.

A circular, a copy of which is annexed, was immediately



36.[ 21 ]

addressed to the heads of the several departments, calling for any

information within their control. Similar calls were made upon the

United States district attorney and surveyor general of Florida.

Their answers are annexed. By reference to the petition, it will

be seen that the Rev. Mr. Madeore claims certain real property at

St. Augustine, in Florida, which is now occupied as military bar-

racks. The question submitted is purely one of title. The evi-

dence before me shows that prior to the destruction of the king’s

barracks, in 1792 or 1795, the Catholic church establishment was in

the occupancy of the property in question. From that time until

1821, this property was principally occupied by Spanish troops, and

since then under the direction of the.War Department, for military

purposes.

1. The first question in the case is, did the Spanish government,

prior to the use of the premises for military purposes, invest the

clergy with title to the premises'? Long possession by the latter

may be said to raise the presumption of title in their favor.

2. In the second place, possession from 1792, or thereabouts, to

1821, by the Spanish government, and by ours since—a period of
half a century—may be said to repel this presumption, and raise
one in favor of the government title. Then it becomes material to

know in what character the. Spanish government entered in 1792,

whether as owner or tenant.

Without an intimate knowledge of Spanish laws and usages, in

relation to churches and church property, I cannot properly pass

upon the first question. The second must materially depend upon

facts which are not before me, but which can probably be fully as-

certained at St. Augustine.

If the Spanish authorities entered as purchaser, or owner, in 1792,

and keld as such, the present claimant can have but little to rest

upon. But if it entered as a tenant, under the clergy, it would be

an admission of paramount title in the latter, which must prevail,

until the United States prove a superior title in themselves But

there are not facts enough before me to enable me to determine

this question. The testimony is all exparte, and taken apparently

without much professional skill. At best it can only raise pre-

sumptions, without establishing facts. I cannot believe it just,

either towards the claimant or the United States, that the question

of title should be disposed of, and Congress act upon the j^resent

testimony. The claim of Mr. Madeore to be the lawful representative

of the church title, I have no reason to doubt; but it is not fully

and legally established by the evidence. This, it is fair to infer,

he can easily establish. The question of title, from the application

before the Senate, is not the only one necessary to be considered in

this case. If the title of the claimants is held to be good—if the
government wishes to retain the property, its value, as well as its

past use, and the extent of improvements upon it by the United

States, becomes important. I would respectfully suggest that this

whole subject be referred to some person well versed in Spanish

laws and customs in relation to public domain and church property,

and who can collect all the testimony bearing upon the questions^



37
[
21

]

involved, and report it with his opinion thereon, to the end that

Congress may act with a full knowledge of all the essen.tial cir-

cumstances connected with the case.

The papers sent me from the Senate are herewith returned.

R. H. GILLET,

Solicitor.

No, 3.

Office of the Solicitor of the Treasury,

April 18, 1848.

Sir: I have the honor to enclose you a copy of a resolution of

the Senate, this day received, concerning the claim interposed by

the Rev. Benedict Madeore, vicar general of Florida, to certain

property now occupied for military purposes by the United States,

at St. Augustine, Florida. In order that you may the better under-

stand the nature and extent of the claim, I also enclose you a copy

of Senate report No. 99, dated March 21st, 1848. You are respect-

fully requested to furnish me, as early as practicable, “copies of

all documents and papers relating thereto,’’ and all other informa-

tion .applicable to the case, in your department, or in offices under

your control, in order that I may be able to make the report con-

templated in the resolution.

Respectiully, your obedient servant,

R. H. GILLET, Solicitor.
To the SECRETARY OF State.

[Th*e same was addressed to the heads of all the departments.]

•No. 4.

Department of State,
.

Washington^ May 15, 1848.

Sir: 1 have the honor to acknowledge the receipt of your letter

of the 18th ultimo, enclosing copy of a resolution and a printed

document of the Senate, of the 21st March last; and requesting to

be furnished with copies of all documents and papers in the De-

partment of State relating to the claim of the Rev. Benedict Made-

ore, vicar general of Florida, to certain property now held by the
United States, at St. Augustine, to which the resolution of the

Senate refers.

In reply, I have to inform you that, after a diligent search, no

papers connected with the claim in question have been found on

file in this department.

I am, sir, respectfully, your obedient servantj

JAMES BUCHANAN.
R. H. Gillet, Esq.,

Solicitor of the Treasury.



[
21 ] 38

No. 6.

Treasury Department,

May 11, 1848.
•

Sir: In reply to your letter of the l8th ultimo, asking for copies

of such papers, and other information as this department might be

able to furnish, touching the claim interposed by the Rev. Bene-

dict Madeore, vicar general of Florida, to certain property now

occupied for military purposes by the United States, at St. Augus-

tine, Florida, I enclose a copy of a communication from the Com-

missioner of the General Land Office, under date of the 8th instant,

upon the subject of the claim in question.

Agreeably to the commissioner’s suggestion, I have directed him

to call on the surveyor general, at St. Augustine, to furnish you

with whatever information he may have touching this claim; and I

would suggest that you should make a similar application to the

United States district attorney for the northern district of Florida.

Printed Senate report, No. 99, 1st session 30th Congress, is here-

with returned.

Very respectfully, your obedient servant,
^

^ McC. YOUNG,
Acting Secretary of the Treasury.

R. H. Gillet, Esq.,

Solicitor of the Treasury.

No. 6,

General Land Office,

May 8, 1848.

Sir: I had the honor to receive from you the letter of the 18th

ultimo, from the Solicitor of the Treasury, with a copy of the Sen-

ate’s resolution of the 21st March last, and the printed Senate re-

port No. 99, 1st session 30th Congress, relative to the memorial of

the vicar general of the Catholics of Florida, and pastor of the

Catholic church of St. Augustine, Florida.

These papers I herewith return; and, pursuant to your call of the

6th instant, as endorsed on Solicitor Gillet’s letter, I beg leave to

refer to my communication of the 29th February, 1848, to the Hon.
Henry Johnson, United States Senate, printed on pages 46 and 47

of said Senate report. No. 99, herewith, as containing, with the re-

ferences, all the information in my possession in the case.
I respectfully suggest, however, that it would be proper to en-

close to the surveyor general, at St. Augustine, a copy of the Sen-

ate report, and also one to the United States district attorney for

the eastern district of Florida, and to make a call on those officers



39 [ 21 ]

for such inforoiatioii and data as they muy be able to furnish touch-

ing the title and merits of the case.

With ereat respect, your obedient servant,
^ RICHARD M. YOUNG,

Commissioner.

McClintock Young, Esq.,

.Acting Secretary of the Treasury.

No. 7.

War Department,
y/ashington^ May 3, 1848.

Sir: I have the honor to return herewith the papers referred by

you to this department on the 18th ultimo, for information respect-

ing the merits of the claim of the trustees of the Catholic church

of St. Augustine to certain property occupied for military purposes.

The report of the acting chief engineer, herewith, will inform

you that there is no information on the subject of any value

on the files of this department.

Very respectfully, your obedient servant,

.
W. L. MARCY,

Secretary of War.

,To R. H. Gillet, Esq.,

Solicitor of the Treasury.

No. 8.

Engineer Department,
' Washington^ May 2, 1848.

Sir: In reply to the letter of the Solicitor of the Treasury, of

April 18, 1848, r;eturned herewith, asking for copies of all docu-

ments and papers relating to the claim interposed by the Rev. Ben-

edict Madeore, vicar general of Florida,, to certain property now
occupied for military purposes by the United States, at St. Augus-

tine, Florida, and all other information applicable to the case, I

have the honor to report:

That, after a careful examination of the papers in this office, and

consultation with the Solicitor for information, there appear to be

no documents or papers in this office referring to the claim, of any

value in determining its value.

Very respectfully, yonr most obedient,

FRED. A. SMITH,
Captain Engineers^ A. C. E.

Hon. W. L. Marcy,
Secretary of War.



40

No. 9.

[
21

]

/

Navy Department, June 3, 1848.

Sir: In reply to your tetter of the 18th of April, enclosing a

copy of a resolution of the Senate in relation to a claim of the Re.v.

Benedict Madeore, you are informed that there are no papers in the

Navy Department concerning the subject of inquiry.
I am, very respectfully, your obedient servant,

J. Y. MASON.

R. H. Gillet,. Esq.,

Solicitor of the Treasury.

No. 10.

Surveyor General’s Office,

St. Augustine.^ May 31, 1848.

Sir: By the last mail I was placed in receipt of the commission-

er’s letter of 12th instant, pursuant to a letter from the acting Sec-

retary of the Treasury, of the 11th instant, and accompanied by a

printed report, made to the Senate of the United States by Mr.

Johnson of Louisiana, dated March 28, 1848; and also (a copy of a

copy) of the Senate’s resolution, of same date, requiring the report

and documents accompanied to be transmitted to you, with direc-

tions “to examine the same and investigate said case, and procure

copies of all documents and papers relating thereto in the public

departments or offices, and other testimony that he can obtain re-

lating to the title of the United States to the property claimed, and

communicate the same to the Senate, and make report as to the

merits of said case, as early as practicable, during the present

session.”

The commissioner instructs me to communicate, as early as prac-

ticable, to you such information and data as I may be able to fur-

nish on this claim, to aid you in complying with the resolve of the

Senate aforesaid. In compliance, I respectfully advise you that

early in the year 1821 I was clothed with powers, by Major Gen-

eral Andrew Jackson, under authority derived from Colonel Mon-

roe, then President of the United States, to receive East Florida

from the Spanish authorities, which I accomplished, as commis-

sioner, on the 10th day of July, 1821, and immediately thereafter

transmitted to the Secretary of State, at Washington, copies of the

correspondence, the manifest of reception, with copies of the docu-

ments, inventories and plans therein enumerated (see Laws of the.

United States, volume 6, by John B. Colvin, published 1822, page

€38.) The property received, as thus delineated, was considered by

the Spanish authorities, under their instructions, as the property of

the crown, never alienated, and embraced by the treaty of 1819;

and if this was not the case, would they have unnecessarily incurred



41
[
21

]

the anathema set forth in a document embodied in the Senate

report, chapter 11, page 331 I have carefully read the report and

documents, and, to prevent misconstruction of the Rev. Mr. Made-

ore’s memorial, in the outset I state that the inventories and plans

transmitted will show minutely what were taken and held as the

property of the United States. The Rev. Mr. Crosby, then the

spirttual father of the Catholic church here, was urged by me to

remain in charge of the church and take care of his flock, assuring

him that the government would never disturb them in their occu-

‘ pancy; and, after considering the subject, said he would take my
advice and remain. Again, if the crown had granted to the church

the eminent domain, why was it deemed necessary to make sale

thereof to a Mr. Jesse Fishl and, as it appears from the printed

report, without paying any compensation therefor, would not the

title, under British rule, have been more secure than under a ficti-

tious salel Admit, for a moment, that Spain had granted to the

church the eminent domain, where is the evidence of such granti

and if existing, why such palpable violation of it by her high fu;ic-
tionariesl If not granted to the church, but transferred to the

United States, under the tceaty of 1819, as crown property, then

apply the principle established by the Congress of the United

States, found in State Papers, (Duff Green, printer,) vol. 4, page,

674, case No. 557, from which I quote the following:

“Individual property may, by virtue of the eminent domain re-

siding in the sovereign, be disposed of without the consent of the

owner, and the citizen or subject affected thereby can only look for

compensation to the government granting, whilst the thing granted

is absolutely disposed of, and no obligation rests upon the govern-

ment to which it is transferred.”

When I reached Pensacola, whither I proceeded on the 14th
of July, 1821, I made report to General Jackson, furnishing him,

also, with the manifest of reception, with copies of the documents,

inventories, and plans, and I am impressed with the belief that I
have, among my old papers, the originals filed at my residence in
Middle Florida, not accessible till I shall make a contemplated

visit in October. By application to the engineer department at

Washington I presume you can obtain the necessary information of

the amount and character of the ruins upon which that department

(or quartermaster’s) built the present United States barrack, at very

great expense. The site is without the last street in the plan of

the city, on the common, south of which stands the magazine re-

ceived by me. Under instructions from the department, some years

since, I had a survey made of this city and environs by sworn

deputy surveyors, a copy of which was transmitted to the General

Land Office, one other to the city authorities here, with a request

to convene the citizens with a view to test its correctness on the

subject of individual rights, apart from that of the rights of the

general government, and I was pleased to learn that it gave uni-

versal satisfaction.

If there are any points of information touching this subject with



[ 31 ] 42

which I am supposed to be informed on, 'by your stating them you
shall have a prompt reply.

I have the honor to be, very respectfully, your most obedient

servant,

ROBERT BUTLER,
Surveyor General,

To the Solicitor of the Tre^Csury.

No. 11.

WA.SHINGTON City, Jttwe 13, 1848.

Sir: Your letter of the 15th ultimo, enclosing a report made by

a committee of the United States Senate on the petition of the

Rev. Benedict Madeore, vicar general, &c., asking information on

the subject of the petition, was not received by me until my arrival
here on the 11th of the present month, having been forwarded to

me from Florida.

Never having had my attention directed to the investigation of
the title of the United States, to the premises in question, I cannot,

at this time, give any information or opinion on the subject.

If, however, it is deemed necessary I can at once Jepair to St.

Augustine and devote myself to the investigation of the title, and

to the collection of such facts as will be furnished by the Spanish

records, in tho office of archives, and the old inhabitants of the

town.

I have honor to remain, sir, very respectfully, your obedient

servant,

C. C. YOUNG,
United States Jittorney,

To R. H. Gillet, Esq.,

Solicitor of the Treasury.

San Augustin de la Florida, 16 de Sepfe., 1793.

Exmo Senor: Consequente a Rl. orden de 17 de Marzo, de 1790,
communicada por esa via reservada a mi antecesor, al Brigadier

Don Vicente Manuel de Zespedes, y recogido ya el producto de

las alhajas de la antigua iglesia de esta ciudad y solares que, cor-

respondientes a ella, existen en la plaza de la Havana, cuyo pro-

ducto ascendio a 3;978 ps., deviendo aumentarse otros -850 a que

ascenderan las limoseras oforcidas por este miserable vecindario en

dinero, Maderas, calle Jornales, &c., y 800 ps. en que qalculo el

Ingeniero que entonces estaba en esta plaza, Don Mariano de la

Rocque, el valor de la piedra de las dos iglesias antiguas, y desva-

ratadas, cuyas tres cantidades ascienden a 5,628 ps. dispose yo en

primeros de Abril de este ano dar principle a la fabrica d-e la nueva

iglesia tanto mas urgente quanto la casa alta que provisionalmente



43
[ 21 }

sirve ahora de tal esta del todo inutil desplomada por varias

partes, llena de puntales, y condenado su uso en algunos parages^

por evitar en una ruina la desgracia de los fieles que se hallen den-

tro, como ya sucedio* en el ano pp: a poco dias de trabajo empece

a conocer que el calculo hecho por el antedho Ingeniero en no. de

11,358 ps. por todo el costo de la obra no podia alcanzar a las dos

terceras partes de ella, y hallandose nombrado para venir a relevar

a este oficial el ordinario Don Pedro Berrio espere su arribo, y ve-

rificado, le previrse hiciese nuevo computo del valqr a que podria

ascender la citada obra y en efecto me ha traido el que acom-

pano a V. E. con No. lo y asciende a 16,615 ps. 4rs. 20 mrs.

de que revejados 2,053 ps. 6 rs. 21 mrs., en que se regulan los

ahorros que se le aplican con los advitrios que sin mayor perjuido

proporciona el rey, y constan del No. 2, y lbs 5,628 ps. con que

se cuenta en las partidas detalladas anteriormente faltaran para la

conclusion de tan util, como indispensable edificio, 8,923 ps. 5 rs.

33 mrs., sin cuya cantidad es moralmente impossible concluir la

obra, que hoy se halla a la tercera parte de su altura, pues la abso-

luta pobroza de estos vecinos, los ningunos recursos que'ofrece la

constitution de la provincia, y la limitacion de candales que siem-

pre hay en sus caxas, no permiten al govierno ensanche alguno, ni

estrechar a los moradores a que aumenten sus esfuerzos por mas

que lo desean, y ver concluida la obra.

En este estado no me queda otro recurso que el de apelar al pia-

doso corazon del rey por el conducto de V. E. cuya notorio zelo,

el mejor servicio de ambas Magestades, y su poderoso influxo, es-

pero alcansaran de S. M., que por un efecto de su magnanimidad

mande librar la espresada cantidad, a favor de tan laudable objeto,,

de que el Pueblo y yo por lo que me intereso en su alivio quedare-

mos eternamente agradecidos.

Dios guarde a V. E. ms. as.

Exrao Senor Don Pedro de Acuna.

I certify the foregoing to be a true copy of the original draft of

a letter from the/ governor of East Florida to the secretary of the

department of grace and justice at the court of Spain, on file in

the public archives. San Augustine, 9th October, 1848.

ANTONIO ALYAREZ,

« In charge of public archives^

St. Augustine in Florida, September 16, 1793.

Most Excellent Sir; Consequent to the royal order of 17th

March, 1790, communicated through that secret source to my pre-
decessor, the brigadier Don Yincente Manuel de Tespedes, and
there being already collected the proceeds of the ornaments of the

old church of this city, and lots of land which belonging to it, ex-

ist in the city of Havana, which ^proceeds amounted to $3,978, there

must be added |850 more, the probable amount of donations offered

by these wretched inhabitants in specie, lumber, lime, labor, &c.,

and $800 af which the engineer who was at that time in this place,



44[ 21 ]

Don Mariano de la Rocque, calculated the value of the stone in
the two old and dilapidated churches, which three sums make up
in all $5j628. I ordered, in the first part of April this year, the

commencement of the building of the new church, the more urgent
as the high house which is now serving provisionally as such, is
entirely useless, fallen to the ground in various parts, full of posts

to support the walls, and its use stopped in some places to avoid,
in case of ruin, the destruction of the faithful who may be in it, as
it has already happened last year. A few days after commencing
the work, I began to suspect that the calculation made by the be-

fore mentioned engineer, of $11,358 to cover its whole cost, would

not be sufficient'for two-thirds of it, and as the Ordinary Don Pe-
dro Berrio had been appointed to come and relieve that officer, I
awaited his coming, and on his arrival I ordered him to m^ke a
new calculation of the amount which would be needed to complete
the work, and he has actually brought me the one which I now
accompany to your excellency,, marked No! 1, amounting to

$16,615 4rs. and 20 maravedies; from which deducting $2,053 6rs.

21ms., which it is calculated the savings will amount to, and whioh

are applied to this purpose, with the resources supplied by the

king, appearing in No. 2, and the $5,628 on which we can depend,

as before specified, there will be wanting for the conclusion of

so useful as well as indispensable a building, $8,923 5rs. 33ms.,

without 'which sum it is morally impossible to finish the work that

is now about one-third high; as the absolute poverty of the inhabi-

tants here, the scarcity of resources offered by. the constitution of

the province, and the limited amount of monies always existing in

its coffers do not allow the government any extension, nor to com-

pel the inhabitants to increased efforts for all that thej' desire it,

for the purpose of seeing the work done. In this state, there is no

other resource left me but to appeal to the pious heart of the king

through your excellency, whose notorious zeal, the best service of

both majesties, and your powerful influence, I hope will obtain

from his majesty, that by an effect of his magnanimity, he will

order the remission of the said amount in favor of such a praise-

worthy object, for which the people, and myself for the interest I

feel in their relief, will be for ever grateful.

God preserve your e'xcellency many years.

To his excellency, Don Pedro de Acuna.

Aranjuez, y Febrero 7, de 1794.

En vista del nuevo calculo, que V. S. hizo formar para la fabrica

de la Parroquia de esa plaza, con la experencia de haver empleado

y consumido en un tercio de ella los cortos candales, que habia

recogido de sus ventas y de las limornas, q«e voluntariamente ofre-

cio el vecindario: ha venido el rey en aprovar los arbitrios propu-

estes por V. S. y en a^plicar al mismo objeto del ramo de vacantes

maiores y menores de Nueva Espana los 8,924 pesos, que V. S. ha

pedido en carta de 16 de Septiembre del ano proximo pasado n. 24,



45
[
21 }

y que necesita,
segun el calculo referido, para concluirta. Con

esta fha expido el aviso correspondiente al ministerio de hacienda

a fin de que tenga efecto quanto antes esta soverana ^'esolucion, y
prevengo a V. S. de orden de S. M. qui immediatamente que per-

civa el todo ei parte de aquella suma dedique su zelo y actividad a

concluir una obra tan necesaria y urgente, procurando su solidez,

la economia posible, y la buena inversion de los candales destina-

dos a ella, y dando a su
tiempo cuenta justificada. Dios que a V.

S. ms. as.

EUGO. DE LLAGUNO.
Senor Governauor de San Augustin de la Florida.

I certify the foregoing to be a true copy of an original letter

from the secretary of the department of grace and justice at the

court of Spain, to the governor of East Florida, on file in the pub-^

lie archives. St. Augustine, 9th October, 1848.

ANTONIO ALVAREZ,
In charge of public archives.

[Translation.]

Aranguez, February 7, 1894.

In view o/ the new ^calculation which your lordship had made-

for the building of the parish church of that city, with the experi-

ence of having employed and consumed for one-third of it the

small amounts which had been collected out of the revenue, and

the contributions offered voluntarily by the inhabitants, the king

has been pleased to approve of the means proposed by your lord-

ship, and to apply to the same object, out of the branch of larger and

lesser vacancies of New Spain, the $8,924 asked for by your lord-
ship in your letter of 16th September of the last year. No. 24, and

which you need according to the said calculation to finish it. Un-

der this date I issue the corresponding advice to the ministry of

finances, to have this sovereign resolution duly carried into effect,

and I inform your lordship, by order of his majesty, that immediately

you receive the whole or part of said sum that you must use your
zeal and activity to have so necessary and urgent a work finished;;

procuring the utmost solidity, all possible economy, and a good

investment of the monies destined for that purpose, and render in

due time a certified account.

God preserve your lordship many years.

EUGO. DE LLAGUNO.
To the Governor of San Augustine in Florida.

San Augustin, de la Florida,
1® de Mrily de 1807.

El aseo y umpieza, tan necesario, dentro de la distancia de 1,500

yarns de la fortificaciones -me ha conducido a discurrir el modo de



46[21] •

practicarlo en esta Plaza, convinando con el local las Rs. orde-

nanzas, maximas.militares y politicas y la economia del Rl. Erario.

Como esta tierra estaria naturalmente Uena de Bosque seria
muy costoso al Rey el haberta de mantener limpia y aun dificil at-
endiendo a la ninguna putualidad con que vienen aqui los situados

y de consiguiente la falta de dmo. y de credito.

Dividida, pues, la tierra entre particulares con condicion de que

solo siembren hortalizas, y de ningun modo planta alguna que le-

vante mucho de tierra se conseguira el objeto tan importante, re-

sultando todavia utilidad y como didad al recindario. No devera
darse la propiedad de la tierra, pues quando el Rey la necesitase

liabria de quedar franca y sin derecho de remuneracion el usufruc-

tuario.

Para que obras particulares comigan el fruto de su trabajo les es

indispensable el formar cercas, pues de lo contrario el ganado va-

cuno y Caballar les imposibilitaria toda ventaja. Tambien necesi-

tan en donde recogerse, para cvitar robos, &c. Toda fabrica es

contraria pero en la obligacion de discurrir lo mas conveniente al

espiritu de la ordenanza y maximas militares, represente a V. S.

ge. en el local en que nos hallamos puede* bacerse un camino ancho

de 24 varas desde puerta de tierra hasta las 1,500 varas corriendole

a uno y otro lado una Barrera de postes sencillos con tres varas

orizontales, y en el limite de las 1,500 varas cercar del misrao

modo. Todavia, para que pueda interesarles la tierra es indispen-

sable convenir tambien en que tengan un aibergue, y antepoaieudo

esto a la formacion de un Bosque creo preferible permiterles una

choza de guano a cada individuo de los que esten en el repartimi-

ento: dha choza podra liraitarse a q pies de ancho, 12 de largo, y
10 de alto, todas ellas ge. a lo mas pueden ser 20 deveran estar

formadas sobre la barrera del camino para ge. en un caso de neces-

idad un hombre vaste para prender fuego a todas en una carrera.

Para mantener la Linea atrinchera da ge. corre desde el Castillo

al Cubo sera bueno conservar un espacio de tierra de 200 varas de

ancho y todo el largo de
obra Linea para que sus tepespuedan sos-

tenerla.

El repartimientcTde obras tierras divera verificarse en revanadas

perpendiculares al camino para ge. todos tengan la comodidad que

el proporciona con independencia del vecino; cuya forma contri-

buira a hermosear la salida del Pueblo.

Todo io qual represento a V. S. en virtud delarto. 23, tit. 6^^,

tomo 1*^, pag. 86.

Dios gue a V. S. ms. as.

MANUEL DE HITA.
Senor Don Enrique White.

St. Augustine, Octnher 9, 1848.

I certify .the foregoing to be a true copy of an original letter on

file in the public archives, from the chief engineer to the governor

of East Florida.

.

ANTONIO ALVAREZ, .
In charge, of the public archives. .



47
[
21

]

Saw Augustin, 1° de Ahril^ de 1807.

Apruevo guanto vrnd me propone en oficio de hoy relative al

mode con que ha de serabrarse y cercarse el terreno comprehendido

en la distancia de 1,500 varas de las fortificaciones, por los indivi-

duous aquienes les esta concedido temporalmente te por el gobierno.

Dios guarde a vrnd. muchos anos.

Senor Don Manuel de Hita,

St. Augustine, October 9
j
1848.

I certify the foregoing to be a true copy. of the original draft

of a letter from the governor of East Florida to the chief engineer,

on file in the public archives.

ANTONIO ALVAREZ,
In charge of the public archives.

% [Translation.]

St. Augustine, April 1, 1807.

The neatness and cleanliness so necessary within the space of
1,500 yards from the fortifications, has induced me to contrive the
means of effecting it in this city, adapting to the ground the royal
ordinances, military and political rules, and bearing, in mind the
economy of the royal finances.

As this land would be naturally full of trees it would be very
*expensive to the king to keep it clean, and even difficult if we
consider the little punctuality with which the allowances arrive
here, and consequently the want of money and credit.

Therefore, if the land is ’distributed amongst individuals with
the condition that they are to plant on it only vegetables, and on
no account any tree that grows much from the ground, the object
will be attained, and redound to the benefit and comfort of the
inhabitants. No right of property to the land will be given as
when the king should need it, it must remain free, and the posses-
sor will have no right to claim any remuneration.

So that these individuals may reap the fruits of their labor it
is indispensable for them to make fences, as without them the cat-
tle of all kinds would destroy all the advantages. They, likewise
require a place of shelter to avoid robberies, &c. All kinds of
buildings are impediments; but being obliged to contrive some plan
in conformity to the ordinances and military rules, I represent to
your lordship, that in the place where we now are, a road 24 yards
broad can be made from the Puerta de Tierra to the 1,500 yards
running on both sides of it a barrier of simple posts with three

• horizontal yards, and hedging the boundary of the 1,500 yards in
same manner. Moreover, to make the land of any intetest to them
it^is indispensable to agree to their having a dwelling house and
considering that this is better than that a forest should growithere



48
[
21 ]

I believe it preferable to allow them a palm hut for each individual

to whom ground has been allotted; said hut can be limited to nine
feet wide, twelve long, and ten high; all of them, which are not to

exceed twenty, must be built upon the barrier of the road, so that,

in case of necessity, one man may be sufficient to set fire to the

whole at one run.

To "keep up the entrenched line running from the castle to the

Cubo, it will be prudent to leave a piece of* ground 200 yards

wide and all the length of fhe line, so that the green sods may

sustain it.

The distribution of said grounds must be made in slices perpen-

dicular to the road, So that every one may have the advantage of-

fered by it, and independent of his neighbor; which form will

contribute to give a better appearance to the environs of the town.

All of which I report to your lordship in virtue of the article

23, title 6, volume 1, page 86.

God preserve your lordship many years.

MANUEL BE HITA.
Sr. Dn. Enrique White.

St. Augustine, April 1, 1807.

I approve all that you propose in your official communication,

relative to the manner in which the ground, embraced in the dis-

tance of 1,500 yards from the fortifications, must be planted and

hedged bj the individuals, whom it has been temporarily granted

to, by the government. •

God preserve you many years.

Sr. Dn. Manuel de Hita.

[Extracts.]

Inventarios formados por el Ingo. into, del Detalle Don Ramon de

la Cruz fente. del Regimto Expedicionario de Malagad'l de Linea

y Comandte. de las
ohras de Fortijicn. de esta Plaza^ y el primer

Ayerdante de ,ella Don Pablo Rosete Tente. de Esto^ de todas las

fortalezas y edificios publicos ge. se conocen son pertenecientes a

la JVacion, pa. la correspondent e entrega de alias el Gobierno ge..

ha de hacerla al comisionado de los Estados Unidos de America.

Cuartel de San Francisco^ ATo. 5.

Esta edificio tiene su figura como manifiesta el piano particular

de la plaza, esta cituado junto al terreno ge. ocupavan los cuarteles

guemados. Forma dos quadrilong. unidos por otra, de suerte ge.

tiene figura -de Martillo por el L. y O. en todo el se comprehenden

cocinas y pilares
del corredor temendo de longitud guarenta y dos

varas,y dos pies y de latitud doce y un pie y sus pulgadas cada



49
[
21

]

quadrilongo de los clos. El otro ge. correspondia a las cortinas,

contando desde el muro de divicioa la longitud es de treinta y sus
varas pie y la latitud de nueve varas dos pies. De estos dos cuer-
pos ge. forinaban el edificio nada existe ge. piieda darse por util

sus escaleras corredores, Pisos, Puertas, embigarlos, techos y teja-

dos estan completamente destruidos y solo quedan algunos rnuros

con su coinpleta elevacion y es pesor y ge. conservan el nivel sobre

sus simientos, hay tres cuerpos con el piso natural, el primero es

de quatro varas y sus pulgadas todo de mamposteria y los otros

de tabique. La altura del segdo. cuerpo es de quatro varas en el
qual marcan ocho pavellones con sala alcoba y chiminea. En el
centro marca un pasadizo de. conaunicacion a los corredores, ge. se
forman con el mismo numo. de Pilares de quatro pulgadas menos
grueso ge. los del piso natural con su baranda todo destruido.

La altura del 3er. cuerpo es de dos varas dos pies seis pulgadas
en donde hay senalados seis aposentos con sus chimineas. El
hueco que forma el tesado enciinadel tercer piso es de una vara un
pie seis pulgadas corre una cerca de piedra formando patio
temindo para comunicacion exterior un vastrillo de madera en
buen uso con su herrage complete.

Iglesia viesay JV*o. 16.

En la plaza manzano No. 23 solar 164, se hallaba cituado como
manifiesia el piano particular, obra Iglesia hoy no existe mas ge.
el terrene, su extencion ocupa tres quadrilateros unidos, los de Tos
testeros, su longitud nueve varas un pie y ocho pulg. su latitud
catorce y un pie. El del centro la longitud es de diez y ocho
varas dos pies y ocho pulgadas y la latitud echo varas un pie y dos
pulgadas.

Iglesia Parroquial, Jfo, 18.

Se senala en el Plan particular en la manzano 18 junto ai solar
de la Escuela cuyo plan y perfii se demuestra en el piano No. 6.

San Augustin, de la Florida, 4 de Junio de 1821.

Eiitregue,

Recibi,

Intervine,

RAMON DE LA CRUZ.
TABLO ROSETE.

T. W. J. BAIRD,
Lieutenanty Sd regiment United States artillery.

4

JOSE COPPINGER.



50£ 21 ]

St. Augustine, October 9, 1848.

I certify the foregoing to be true and correct extracts of so much
of the original inventory of the public property in East Florida,

transferred by Spain to the United States, as relates to St. Francis

barracks and the o4d and new Catholic churches of St. Augustine,

which inventory is on file in the public archives of East Florida.

ANTONIO ALVAREZ,
In charge of the public archives.

[Extracts.]

Inventories made by the engineer of the detail^ Don Ra?non de la

CruZy lieutenant of the Malaga regiment^ and commandant of the

works offortifications of this city^ and the first adjutant^ Don

Pablo RosetCj a lieutenant of the army., of all the forts and pub -

lie buildings known as belonging to the nation, for the delivery

of them to the government, which is to transfer the same to the

commissioner of the United States of America.

St. Francis Barracks—Ko. 5.

This building is shaped as shown in the special design of the

place. It is situated near the ground which used to be occupied

by the burnt barracks.* It forms two oblong squares, connected

by another, so that it has the shape of a hammer on the south and

west. It comprises kitchens and pillars of the corridor, each one

of the two squares being forty-two yards two feet long, and twelve

yards one foot and six inches broad; the other, which belonged to

the ramparts, reckoning from the wall of division, is thirty-six

yards one foot long, and nine yards two feet broad. Of these two

bodies, which formed the building, nothing exists which can be

considered useful. The staircases, galleries, floors, doors, tops,

roof and tiled roof, are completely destroyed; and there are only

some walls with their complete height and thickness, and which

preserve their level upon their foundations. There are three

bodies with a ground floor; the first has four yards and six inches,

all of stone, and the rest of thin walls. The height of the second

body is four yards; and in it are marked eight lodgings, with par-

lor, chamber and chimney. In the centre it marks a passage of

communication to the galleries, which are formed Tyith the same

number of pillars, of four inches less thickness than those with the

ground floor, with its railing all destroyed.

The height of the third body is two yards two feet six inches,

where there are six chambers and their chimneys marked. The

open space formed by the tile roof over the third story, is of one

yard one foot six inches; and there runs » a stone fence, forming a

Cuarteles means barracks, quarters, districts, ward of a city.



51
[ 21 ]

court yard, having a wooden portcullis in good state, with the

iron work completed to communicate with the outside.

Old Churc^—JSTo. 16.

In the square, area No. 23, lot 164, said church existed, as shown

in the special design. Nothing exists, this day, but the ground.

Its extensions occupies three united quadrilaterals. Those of the

fore part are nine yards one foot and eight inches long, and four-

teen yards one foot broad; that of the centre is eighteen yards two

feet and eight inches long, and eight yards one foot and two inches

broad.

Parochial Church—JVo. 18.

It is marked in the special design

school lot, .the draught and outline

No. 6.

St. Augustine, (Florida,) June 4

I delivered.

I received,

Lieutenant^

With my intervention,

in the area No. 18, near the

of which is shown in design

1821.

RAMON DE DA CRUZ, '

PABLO ROSETE.

T. W. J. BAIRD,
3d regiment U. S. artillery.

JOSE COPPINGER.

Por la carta de V. S. fha 1st de Noviembre deiano proximo par-

ado y documentos que ia acompanon, queda eriterado el rey de

estar concluida la fabrica de la Iglesa Parroqiiial de esa Plaza hav-

iendo sobrado 995 rs. y 21 mrs. plata purte de' los 106 743 con 33

mrs. de la propia moneda que estaban depositados pa. dicho ob-

jeto en vitrud de Rs. o.rdenes, con lo demas que en dha. carta se

expresa, y S. M. ha tenido a bien conformarse con lo expuesto por

el ingeniero director de la obra relative a que los mencionados 995

r. y 21 mrs. plata fuerte se empleen en las Pianchas de Plomo que

falta colocar en las Limas y Cumbreras de la cubierta de la Yglesa

para preservarlas de la humedad; lo que' de en Rl. drn. panicipo a

V. S. para su inteligencia y complimiento. Dios que a V. S. ms. as.

Aranguez, 11 de Marzo, 1799.

JOSEF ANTO. CABALLERO.
Senor Governor de San Augustine, de la Florida.

I certify the foregoing to be a true copy of an original letter

from the secretary of the department of grace and justice, at the



52
[
21

]

court of Spain, to the governor of East Florida, on file in the public

archives. St. Augustine, 9th October, 1848.

ANTONIO ALVAREZ.
In charge of the public archives.

By your lordship’s letter of 1st November, of last year, and doc-

uments accompanying it, the king has been informed that the

building for the parish church of that city is completed; there

being a residue of 995 rials, 21 ms. silver out of the 106,743 rials^

33 ms. silver which were deposited for said purpose, in virtue of

royal orders, with all the rest expressed in the said letter; and H.

M. has been pleased to agree to what is reported by the engineer

director of the work, that the above mentioned 995 rs. 21 ms. be

used for lead plates which have yet to be placed on the channels

and tops of the roof of the church, to preserve them from damp-

ness, which by royal order I communicate to your lordship foryour

intelligence and fulfilment. God preserve your lordship many

years. Aranguez, 11th March. 1799.
' JOSEF ANTO. CABALLERO.

V Senor Governor of St. Augustine, in Florida.

San Augustin, de la Florida,

1° de J^oviemhrey de 1798.

Exmo. 'Senor: Es la adjunta relacion de los gastos hechos en la

obra de lalglesio Parroquial de esta Plza que de real orden se em-

pezo en Abril de 92, y se ha concluido en Agosto, del presente

ano.

Los nuevecientos noventa y cinco reales y veinte y un mrs. de

plata fuerte que en otra relacion se expresan sobrantes del fondo

depositado en Caxas reales, me dice el Ingeniero Comandante de

estas reales obras de fortificacion, deveran emplearse en Planchas

de Plomo que vesta colocar en las Limas y Cumbreras de la Cubi-

erta para precaverlas de humedad, bein que interinamente se ha

tornado la precaucion, por no hallarse plomo en los Almaceaes del

Rey su en los de particulares, de colocar unos pedazos de Plancha

en las uniones de las piezas, y dar a le vestante de ellas tres manos

de Pintura.

So que comunicio a V. E. para q. le ponga en noticia de S. M.

Dios guardea a V. E. ms. as.

H. W.
Exmo. Senor D. Gaspar Melchor de Jovellanos.

St. AuGUSTiNte, October 9, 1848.

I certify the foregoing to be a true copy of the original draft of

a letter from the governor of East Florida to the secretary of the



53 [ 21 ]

department of grace and justice, at the court of Spain, on file in

public archives.

ANTONIO ALVAREZ,
In charge of the pub. archives.

[Translation.]

St. Augustine, in Florida,

1st J^ovembe?'j 1798.

Most Excellent Sir: The annexed is a report of the expenses

incurred in building the parish church of this city, which, by royal

order, was commenced in April, ’92, and finished in August, of the

present year.

The nine hundred and ninety-five reals and twenty-one maravedis

of silver which appear in said report as a residue out of the funds

deposited in the royal treasury, the engineer commandant of these

royal works of fortifications imforms me, must be invested in the

purchase of lead plates which have yet to be placed in' the channels

and tops of the roof to preserve them from dampness; although

for the time being, the precaution has been had, there not being

any lead in the depots of the king or stores of individuals, to place

some pieces of plate in the joints of the pieces, and to give the

rest of them three coats of paint.

Which I communicate to your excellency to convey it to his

Majesty.

God preserve your excellency many years.

H. W.
To His ExcelPcy, Sen. D. Gaspar Melchor de Jovellanos.

To incorporate the Roman Catholic congregation of the city of St. Augustine.

Be it enacted by the governor and legislative council of the Ter-
ritory of Florida^ That Bernardo Segui, William Travers, Peter

Miranda, Eusebio Tomez, Joseph B. Lancaster, and Francis J.

Fatio, church wardens, and their successors in office, shall be, and

they are hereby, declared to be a body corporate, by the name and
style of The Church Wardens of the Roman Catholic Church of
St. Augustine, called St. Augustine’s Church;” and they, the said

Bernardo Segui, William Travers, Peter Miranda, Eusebio Tomez,
Joseph R. Lancaster, and Francis J. Fatio, church wardens, as

aforesaid, shall be invested with all manner of property, both real
and personal, all moneys due, or to grow due, donations, gifts,
hereditaments, privileges, and immunities whatever which may
belong to the said church, or which may be made or transferred to
them or their successors in office, to have and to hold the same for
the proper use and benefit of the said church; and the said church

wardens and their successors in office shall be, and they are hereby



54
[
21 ]

declared to be, capable of suing and being sued, and of using all

necessary legal steps for recovering and defending any property

"whatever which the said church may hold, claim, or demand, and

is herein secured, or otherwise; and also with power to make all

necessary regulations and rules, and to recover in their own name or

otherwise^ as well the said moneys as other property^ with all rents^

^

issues^ and profits of the same^ or of any lands, moneys or other

estate belonging thereto, or of any part thereof: Provided, neverthe-

less, That if the property owned by the said church shall at any

time exceed twenty-five thousand dollars, in addition to the prop-

erty at present owned by said church, the overplus shall accrue to

the territory.

Sec. 2. Be it further enacted, That the members of the said

church shall, on the first Monday of April, in every year, elect six

discreet persons; from among the members of the said church, to

act as wardens of the said church, who shall be, and hereby are

declared to be, vested with all necessary powers to carry the pur-

poses intended by this act, fully into effect.

Sec. 3. That in case no election shall, be held from unavoidable

causes, at the time appointed by this act, the charter of the cor-

poration shall not on that account be forfeited, but it shall be the

duty of the said church wardens to name another day for holding

the election, as near as convenient to the one appointed by this act,

and which said election shall be as valid and legal as if the same

had been held at the time prescribed by this act.

Sec. 4. And he it further enacted, That the act entitled ^‘An act

•tonncorporate the Roman Catholic Congregation ofSt. Augustine,^’

approved July 2, 1823, be, and the same is hereby, repealed.

Approved December 30, 1824.— {Florida Laws, 1828, JV*o. 192,
page 1Q5.)

, Consequente a la resolucion de V. S. en oficio que se servio pas-

arme en el 1 de Abril, en contestacion a otro mio de la misma fha,

relative a el asco y limpreza dentro de la distancia de las 1,500

varas de las fortificaciones al Norte de esta Plaza, se ha dividido el

terreno entre los individuos a quienes les esta concedido temporal-

mente por el Gobernio vaso esta forma. El terreno de la derecha

saliendo por puerta de tierra a Nicolas Perez 85| varas de frente

sobre el costado del camino, a Sebastian Garcia 51|, a Juan Yano-

poli 60J, a Pedro Estopa 60|, a Juan Villalonga 341^, a Jose Car-

mona 25, a Anastacio Mambromati 235J, a Agustin Santana 70|, a

Juan Gonzales 144|, a Thomas Andrew 45|, a Francisco Arnau 158,

a Benito Segui 57. El terreno de la izquierda saliendo por puerta

de tierra, a Jose Pezo de Burgo 50| varas de frente sobre el costado

del camino, a Juan Triay 219|, a Pedro Frajada 119|, a Bartolome

Lopez 58J, a Miguel Villalonga 154f , a Jose Balia 281f , a Pedro

Triay 452|. El terreno de cada individuo es una revanada de tierra

paralela a la Linea, y se les ha prevenido que los lindes sean mar-



55 [211

c^atlos con una senda de ana vara de ancho. Los individuos de la

derecha estan alindabos por su espalda con el Rio del Norte, y los

de la ezquierda con el Rio de San Sebastian. A unos y a otros se
les ha dado la tierra despues de tomar una rebanada de 200 varas

de ancho para los tepes que ban de servir al entretenimiento de la

linea.

Como las medidas agravias en esta Provincia son Inglesas, se

ban hicho las mediciones indicadas por la vara inglesa.

Dios guarde a V. S. ms. as. San Agustin de la Florida, 26 de.

Mayo de 1807.
MANUEL DE HITA.

Sor. Dn. Enrique White.

San Agustin, 3 de Junio, de 1807.

Apruevo el presente reparto de tierras, y en su consequencia des-

pachesde por la serretaria a los interesados, las correspondientes

certificaciones, vago las coridiciones que manifiesta el mismo Inge->

niero Comandante en oficio de 1 de Abril ultimo. Y respecto a
que posteriormente ban ocurrido varias alteraciones dimana das da-

haver algunos desado las tierras que se les midieron, y haver otros

pretendido las que aquellos desaron: se pasara al expresado Inge^

niero Comandante copia autorizada de este decreto, manifestandose

a continuacion dichas variaciones y alteraciones.

WHITE.

Se cumplio el anterior decreto pasandoze la copia certificada ge»

en el se expresa al Ingeniero Comandante con fecha de 17 del ci»

tado mes.

;

PIERRA.

Individuos ge. ban becho dexacion de los tirrenos ge. se les mi-

dieran y que dan vacantes.

Pedro Estopa,

Tomas Andreu,

Benito Segui.

Variaciones.—El terreno de Pedro Fuxada se ba concedido a An-
dreas Paceti, el bijo.

El de Pedro Triay a Juan Lorenzo.

El de Jose Carmona y el de Anastacio Mambromaty a D. Jose
Llorente.

El de Agustin Santana, a Juan Mestre.

PIERRA.

St. Augustine, Oetober 9, 1848.

I certify the foregoing to be a true copy of an original letter

from the chief engineer to the governor of East Florida, and other

proceedings attached thereto, on file in the public archives.

ANTONIO ALVAREZ,
In charge of the public archives^



[
21

]
56

[Translation.]

St. Augustine, Florida,

May 26, 1807.

Consequent to the resolution- expressed in the official communi-

cation which your lordship was pleased to address me in answer

to mine of the 1st April, relative to the neatness and cleanliness

of that part of the ground situated within a space of 1,500 yards

from the fortiications on the north side of the city, the ground

has been distributed amongst the individuals to whom it was tem-
porarily granted by the government in this form. The ground to

the right, going out by the puerta de tierra (a gate) to Nicolas

Perez, 85 2-3 yards, fronting on the road; to Sebastian Garcia,

51 5-6; to Juan Yanopoli, 60 1-2; to Pedro Estopa, 60 1-2; to Juan

Villalonga, 341 1 2; to Jose Carmona, 25; to Anastasio Mambro-

mati, 235 1-4; to Agustin Santana, 70 3-4; to Juan Gonzales,

144 1-3; to Thomas Andreu, 45 3-4; to Francisco Arnau, 158; to

Benito Segui, 57. The ground to the left, going out by the puerta

de tierra (a gate) to Jose Pezo de Burgo, 59 1-6 yards, fronting

on the road; to Juan Triay, 219 1-3; to Pedro Frajada, 110 1-6; to

Bartolome Lopez, 58 1-2; to Miguel Villalonga, 164 5-6; to Jose

Balia, 281 5-6; to Pedro Triay, 452 1-6. Each individuaPs ground

is a slice of land parallel to the line; and they have been cau-

tioned that their landmarks must be traced with a path one yard

broad. The individuals having the grounds to the right, have for

limit on the back part the Rio del Norte; and those on the left,

the Rio San Sebastian. The land has been allotted on both sides,

after taking a slice of 200 yards broad for the green sods which

have to serve as a boundary to the line.

As all agrarian measures in this province are English, the

above mentioned measurements have been practised by the English

yard.

God preserve your lordship many years.

MANUEL DE HITA.
vSr. Don Enrique White.

St. Augustine, June 3, 1807.

I approve the present distribution of land; and, in consequence,

issue, through the secretary’s office to those concerned, the corres-

ponding certi6cates, on the conditions expressed by the same engi-

neer commandant in his communication of 1st April last. And

whereas several alterations have occurred afterwards, caused by

some having left the grounds allotted to them, and others having

asked for the grounds that were left, pass to the engineer com-

mandant a certified copy of this decree, expressing said changes

and alterations in continuation.

WHITE.



57 [ 21 ]

The foregoing decree has been complied 'with j and a certified

copy, as expressed therein, passed to the engineer commandant, un-

der date of the 17th of the said month.

,
PIERRA.

Names of the individuals who have abandoned the grounds mea-

sured out to them, whose grounds are unoccupied;

Pedro Estopa,

Tomas Andreu,

Benito Segui. f

Alterations ,—Pedro Fujada’s ground has been granted to Andres ,
Paceti, the son.

That of Pedro Triay, to Juan Lorenzo.

Those of Jose Carmona and Anastasio Mambronati, to Jose

Llorente.

That of Agustin Santana, to Juan Mestre.

PIERRA.

Secretaria Militar,

Hahana^ Jfoviemhre 13, de 1848.

No he contestado a la comunicacion de V. S. del 6 del corriente

mes, enquemedice habersido comision^do por su gobierno el Hon,

S. R. Mallory, para obtener fen esta ciudad puebas reiativos a

ciertos reclames de tierra en la Florida del Este, por el vicario

general en la Yglesia Catolica en San Augustin, y me pide en su

consecuencia le permita su acceso en estos archives pa. comprobar •

con los originales las copias de los papeles que tiene sabre este par-

ticular, por que deseaba antes de darle dicha contestacion requerir

antecedentes enlos casos de igual naturaleze que hasta ahora se ha-

biesen presentado para efectuar lo mismo que se hubiese hecho en

ottas ocasiones.
*

No obstante pues de que esioy conveneior no haberse ofrecido

hasta el dias semefante reclamacion, deseozo de manifestar en esta

parte mi deferencia a su gobierno, y aV. S. mismo, he dado orden

pa. que el oficial de mi secretaria Don Pedro Alcantara de la Paz,

que ha ordenado y arreglado todos los papeles procedentes delos

Floridas que aqui existen, acompane al Senor Mallory en al registro

que desea practicar, con cuyo objeto podra V. S. decirle se perso-

ne en este Palaeio de Gobierno en cuales quier dia desde las nueve

de la manana hasta las dos de la tarde para tomar copia a haur la

comprobacion de los documentos que se desean, en al caso de que

se encuentren en al archive.

Dios guarde a V, S. muchos anos.

EL CONDE DE ALCOY.
Senor Consul de los Estados Unidos en esta Plaza.



[
21

] 58

[Translation.]

Military Secretary’s Office,
. Havana^ JVovemher 13, 1848.

I haye not answered your lordship’s communication of the 6th

inst., informing me that the Hon. S. R. Mallory has been commis-
sioned by his government to obtain in this city evidence in relation

to certain claims to land in East Florida, made by the vicar gene-

ral of the Catholic church in St. Augustine, and requesting of me
to permit his access to^the archives, for the purpose of comparing

with the originals the copies of the papers in his possession, upon

the matters in question; because I wished, before sending you my
reply, to acquire information of the cases of equal nature which

have happened before now, so as to do the same as may have been

done on other occasions.

Notwithstanding, I am convinced that a similar reclamation has
not been offered to this day, being desirous of showing in this

affair my deference to your ^'overnment and to your lordship, I
have given orders for the officer of my Secretaria,” Don Pedro
Alcantara de la Paz, who has put in order and arranged all the

papers which came from the Floridas, existing here, to accompany

Mr. Mallory in the search -which he desires to effect; for which

purpose your lordship may tell him to appear in person at the Gov-

ernment Palace, on any day from 9, a. m., to 2, p. m., to take copies

or make comparisons of the documents which he m^y desire, should

they exist in the archives.

God preserve your lordship many years.

THE COUNT OF ALCOY.
To the Consul of the United States in this City.

[Translation.]

Havana, 10^^ Jfovemher^ 1848.*

Right Reverend Father: When, on the tenth day of July, A.

D. one thousand eight hundred and twenty-one, the Floridas were

transferred to the United States by virtue of the treaty of eighteen

hundred and nineteen, the Spanish commissioners charged by their

government with the duty of delivering the country, transferred to

those of the United States the parochial church of St. Augustine,

the St. Francis barracks, (also known as the convent of St. Fran-

cis,) and two lots of land in St. Augustine, all as the property of

the king; and the government of the United States thereafter re-

garded and treated all this property as its own.

The vicar general of the^ Catholic church of Florida has lately

claimed this property in behalf of his bishop, for his flock, al-

leging that at the time of its transfer to the United States it was

the property of the church, and not of the king; that the king, in

fact, could not confer, nor could the United States receive, any



59
[
21

]

title by such transfer, and that it was executed by mistake, ignor-

ance, or a wilful disregard of the vested of the rights church.

The Congress of the United States, with an earnest desire to

render full justice to the church, entertained the petition of the vi-

' car general, and his claims are now undergoing investigation. In

proof of his allegation that his church could rightly hold property,

independent of the crown of Spain, the vicar general asserts that it

did actually thus hold, in its own right, ten lots of land in this city

of Havana, the rents of which were received by the church of St.

Augustine, until the transfer of the Floridas to the United States,

and that after that period they continued to be received, by the

bishop of Havana.

I have had the honor of being appointed, as well by the vicar gen-

eral as by the United States, the arbitrator to do justice between the

parties; and my business here is to procure all information, docu-
mentary or otherwise, which may enable me to do so, and to deter-

mine whether the property in question belongs to the United States

or to the church.

It is in your excellency’s power to inform me:

1st. Whether the allegation of the vicar general, relative to the

lots in this city be correct or not; and the said lots are now held

whether independent of the crown or not.

2d. As to 'the legal right of the Catholic church of St. Augus-

tine, under the government of Spain, (previous to 1821,) to hold

property separate and independent of the king.

3d. Whether the king of Spain could, without violating the

rights of the church, cede to the United States the church and its

property.

The Congress of the United States will be convened early in the

approaching month of Jbcember, when the claim in question will

be disposed of, if the testimony which I seek can be procured in

•time. But a brief time is allowed me to collect it, and I am most
anxious to have your excellency’s opinions regarding them, as

highly important.

Had I heard less of the piety, zeal, and learning of your excel-

lency, I might hesitate thus to intrude upon the precious time de-

voted to the welfare of your people; but these very attributes

induce me frankly to invoke your aid in doing justice.

I trust that your excellency will perceive that nothing is sought

by this application but the discovery of information which may
enable me to do justice between the government and the church.

I have the honor to be, respectfully, your obedient servant,

S. R. MALLORY,
‘ Arhitrator between the Government of the

United States^ and the Church of Florida.



£21 ] 60

Habana, y J^oviembre 15, 1848.

Mui Senor mio, y de mi Mayor estimacion: Correspondiendo a
los deseos de V, procedo a manifestarle mi parecer acerca de los

particulares que me indico en la ultima conferencia que turimos.
1®. Es indudable que la iglesiapuede adquierie y posee en efecto

Tbienes que ella misma administra, y que no se pueden enagenar

sino en ciertos casos prefijados por muestras leyes, aplicandose esta

observacion a los conventos, monasterios y demas casas pias.

Vease Fuero Real, Libro 1°, titulo 5°; Partida 1, titulo 14; Nov.

Recompon., Libro 1^^, titulo 5^; Decretalia Gregorii, Lib. III.,

titulus 13; Rebus Ecclesiae alienandis vel non—in Sexto Decreta-
lium, titulus 9, id. id.; Clementinarum, Lib, III., titulus 4, id. id.;

L. Araragantium, Lib. III., titulus 4, id. id.

2°. No es menos dudoso que las cosas de lalglesia no pueden per

derse sino por la prescripcion de cuarenta anos, con buena fe,segun

el Derecho Canonico, sin ella, segun el derecho civil.

Vease Partida III., titulo 26, ley XXL, comparada y modificada
por la XXVI.; Decretalia Gregorii, Lib. IL, tit. 26; De prescrip-

tionibus—^in Sexto Decratalium (Bonifacii) VIIL, titulo 13, cap. 2.
Acerca de la noticia que de este asunto tengo, agregare a lo que

le comunique. /

1®. Que estoy perfectamente instruido de el, porque el mismo

padre Madeore, a sa venida a esta ciudad, esturo a visitaime, me

hablo del objeto de su viage y me suplico le recomendase al Sor

Archivero Don Jose Rosario Nattes, para que lo atendiese en sus

investigaciones; que el mismo Madeore se despidio de mi y me

dijo que iba servido, habiendosele facilitado copia certificada de

cuantos documentos se contraian al asunto, lo que ture o(?asion de

saber positiramente, por babermelo asegurado el mismo archivero,

quien me indico de paso que el Sor de M^ales se empeno fuerte-

mente con el para que sirerese a Madeore.

2®. Me consta asi mismo, por lo que he sido referir en varia%
ocasiones, que parte de los archives que vinieron de las Floridas,

despues de la ratificacion del tratado en 1821, seperdieron a conse-

cuemcia del naufragio de uno de los buques que los traian, debiendo

existir una Real Orden relativa al caso, si yo no estoy transcar-

dado.

Es cuanto se y puedo manifestar a Y, deseando que estas breves

indicaciones puedan servirle en algo para la resolucion del impor-

tante nogocio que ha sido cometido a su prudencia y discrecion.

Soy de V su seguro y atento Servidor,
Q. B. S. M.,

ENRIQUE DESDIER, Ldo.
Senor Don Esteban R. Mallory.



61
[
21

]

Opinion of Henry Desdiere^ esq.^ of Havana^ lawyer of the royal

council and of the illustrious college of the city and court of

Madrid.

[Translation.]

Havana, Jfovemher 16
,
1848.

1. My dear sir: It is landoubtable that the church can acquire and
possess, in its own right, property, and administer the same, and

that it cannot be alienated except in certain cases provided for by

our laws^ and this observation is also applicable to convents, mon-

asteries, and other pious houses.

See Royal Law, book 1, tit. 5; 1 Partida, tit. 14; New Recom-
pilacion, book 1, tit. 5; Decretalia Gregorii, book III.; RebuiS

Eclesiae, alienandis vel non—in Sexto Decretalium, tit. 9, ditto,
ditto; Clementinarum, Lib. III., tit. 4, ditto,, ditto; Le Aravagan-

tium, Lib. III., tit. 4, ditto, ditto.

{To he found in the body of canon law.)

2. It is not less certain that the immoveable things of the church

cannot be lost, but by forty years’ prescription, and good faith, ac-

cording to the canon law, and according to the civil law.

See III., Partida, tit. 26, law 21, compared and modified by the

26th; Decretalia Gregorii, Lib. II., tit. 26; Deprescriptionibus in

Sexto Decretalium, (Bonifacii 8,) tit. 13, cap. 2.

Concerning this same subject, I.wiii add the following to what

I have already communicated:

1. I am well informed on this subject, because 'Father Madeore*

when he came to this city called upon me, and spoke to me of thfr

object of his visit, and begged me to recommend him to the keeper

of the archives, Mr. Joseph Rosario Nattes, that he might assist

him (Madeore) in his investigations; and that when Madeore took

leave of me he informed me that be had accomplished his object,

he having received certified accounts and documents relative to the

same, which I had occasion to know positively from the keeper
himself, w’ho also informed me that Mr. Morales urged him strongly

to aid Mr. Madeore.

2. It is also known to me, from what I heard on various occa-

sions, that a portion of the archives, while coming from Florida,

after the ratification of the treaty of 1821, were lost in consequence

of the shipwreck of one of the vessels which had them on board;

there being a royal order relative to this matter, if I forget not.

This is all that I can inform you of on this subject, trusting that

these brief notes may serve you in the important matter which has
been confided to your prudence and discretion.

Your obedient servant,

HENRY DESDIERE, Ldo. (lawyer.}.



[ 21 ] 62

APUNTES,

El tito. 9 del lib. lo. de la Nov. Rec. dico asi. /o 5 cleri^os,

sus privilegios, bienes y contribuciones.

El tito. 5 del lib. lo. del Fuero Real se coatrae a la guarda de

las cosas de la Sta. Iglesia y contiene ocho leyes de las cuales la

la. y 3a. dicen asi.

Ley la.—Todas las cosas dadas y que se dieren legitimamente
por las Reyes y demas fieles a las Iglesias, se guarden sieropre en

ellas y se conserven en su poder.

Ley 3a.—No pueda el obispo, abad, ne otro Prelado vender, ni
enagenar cosa alguna de las que adquirea por razon de su Iglesia;

pero si, disponer como quisiere de io que gane o herede por razon

de si mismo.

Ley 2a. del mismo libro y tito.—Luego que el obispo o el electo
confirmado quiera reciber las cosas de la Iglesia y de su obispado,

lo haga ante el cabildo de ella, formalizando por escrito inventario

de todos sus muebles raices, privilegios, escrituras, y de lo que

deba, y le deban, de modo que por el pueda: el sucesor buscarlas,

demandar la que hallare Enagenada sin derecho y restituirla a la

Iglesia, pagando al comprador el precio que dio por ella, si se con-

virtio en utilidad de la Iglesia: pero si no, nada pague, y si se sat-

isfaga, de las bienes propias del obispo Enagenante o de sus herede-

ros. Esto mismo se guarde respecto de los monasteries y abadias.

[Translation.]

NOTES.

The 9th title of book I, of the New Recompilacion {digest of
civil law used in Spanish courts') says as follows “of the clergy,

their privileges, property and contibutions.’’

The 5th title of the 1st book of Royal Law, relates to the care

of the things of the holy church, and contains eight laws, of which

the 1st and 3d are as follows.

Law I. : All the things given, or which may be lawfully given

to the church by the kings and others of the faithful, must be

always preserved in them, and in their power.

Law III.: Neither the bishop, abbot, nor other prelate can sell

or dispose of any thing acquired through his church; but they may

dispose of what they have acquired by themselves.

Law II., same book, 7 title : When the bishop or the elect con-
firmed, wishes to receive the property of the church, and of his

bishopric, it shall be done before the chapter of the same, making

a formal inventory, in writing, of all the moveables, real estate,

privileges, deeds, and what it owes, and what is owing to it, in

order that his successor may find them, demand what maybe alien-

ated without law, and restore them to the church; paying to the

purchaser the price which he paid for them, if they have been con-

verted to the use of the church; but if not, then nothing shall be



/

63
[ 21 ]

paid; and if paidj it must be out of the property of the bishop who

disposed of it, or from that of his heirs. This is also to be observ-

ed with regard to the monasteries and abbeys.

•

Reference to laws of Spain^ relative to building and endowing

churches in the new worlds and the conduct^ of the clergy. The

titles of these laws only are giveuj as they distinctly express the

object of each law.

From the compilation of the laws of the Indies, volume 1 and 2,
title 1, page 7, passed 1574:

Law I. : ‘^Thfit the viceroys, presidents, and governors, give
information of the churches founded in the Indies, and of those

which it is expedient to found for teaching and converting the na-

tives.”

Original.

Que los Vireyes, presidentes y gobernadores informen sobre las

iglesias fundadas en las Indias, y de las que conveniere fundar

para la doctrina y conversion’ de las naturalles.

Law II., passed 1552, same volume and title: ^^That for building
cathedral chuches, a distribution be made as ordained by this law.”

Original.

Que para la fabrica de las eglesias catedrales se haga reparti-

mento como est a ley dispene.

Previous to the existence of the above law of 1552, the crown

of Spain had built and endowed the churches in her American pos-

sessions; and the object of this law wms to devolve a portion of

the expense upon the people. It reads thus: ‘‘Having built all the

churches and cathedrals of the Spaniards and natives in our Indies

since their discovery, at the expense of our royal estate, and ap-

plied to their service and maintenance that part of the tithes

which pertains to us by apostolic gift, according to the division

we have made, it is now our will and order, that henceforth and

whenever it shall appear to us necessary to build churches for

cathedrals, they shall be built in a convenient form, and that the

cost thereof shall be divided into three parts; the one to be con-

tributed by our royal treasury, the other by the Indians of the

bishopric, and the other by the people.”

Law III., 1558, same book and title: “That parochial churches
be built at th^ cost of the king, inhabitants, and Indians.

Original.

“Que las iglesias paroquiales se edefiquen a casta del Rey,
Vicinos e Indies.”



64
[
21

]

Note.—This law of 1558 places the erection of parish churches^
in the Indies, under the same regulations as cathedrals.

Law IV., 1559, same book and title: That the share to be con-
tributed by the inhabitants, according to the preceding law, must

be for the churches where they repeive the holy sacraments.

Original,

Que la parte que ban de contribuir las recinos conforme a la ley

antecedente ha de ser para las iglesias donde reciben los santos

sacramentos.

Law V., 1604, same book and title: That the third part ordered

to be paid by the royal treasury, for building ctiurches, is to be

understood as only for the first time.”

Original,

Que la tercia parte que se manda dar de real hacienda para la

fabrica de las iglesias se entienda por la primera vez.

Law VI
,
1594: That in the principal towns of the Indians the

churches are to be built at the cost of the tributes.”

Original,

Que en las cabeceras de los pueblas de Indias se edefiquen igle-

sias a costa de las tributes.

Law VII., 1598: “That to the churches built in the towns of the
Indians, there shall be given ornaments, a chalice, with its paten^

and a bell, once.

Original,

Que a las iglesias se hicieron en pueblos de Indias se les de por

uaa vez un ornamento, caliz, con patena, y campana.

Law VIII.: “That the prelates send to the council two copies of

the. erections of their churches.”

Original,

Que lis prelados envian al consijo dos copias de las ereccioncs

de sus iglesias.

Law IX., 1570: “ That the prelates, in the distribution of the

tithes, guard the erections of their churches, and that the viceroys

give them all necessary protection.”

Original,

Que las prelados en la distribucion de las diez mts guarden las*

erecciones de sus iglesias, y las vireyes les den el favor necessario.

Law X., 1618: “That the erection of churches is understood to

commence from the day of division.”



\

65 .

Original,

[213

Que las erecciones de iglesias se\ entenda que commienzan desde

dia de la division. . '
^

Law XI.
j
1559: ^‘^That the part of the tithes, pertaining to the

building of churches, must be expended in accordance with this

law, and that the,prelates see to their erection.”

Original.

Que la parte de las diezmas que pertenece a las fabricas de igle-
sias se gaste conforme a esta ley, y los prelados guarden las erec- .

clones. . . • .

Titulo Tercero.

Recapilacion de leyes a Indias, l.and 2. De los monasterios de
religiosos y religiosas, hospiceos y recogimientos de hierfinos.

Ley I., 1653: ‘‘Que se penden monasterios de religiosos y reli-

giosas, procediehdo licencia del rey.” ' »
' '

Translation.
'

Title Third.

Recompilation of laws of the Indips, vol. 1 and 2. Of monaste-

ries for male and females, hospitals and retreats for orphans.

That there be founded monasteries for males and fen\ales, the ^

king’s license preceding.
- "

“Ley II., 1556: Que no se tomen mas sitios para monasterios de

las que se pudieren poblar, y no poblandose
dentro del termino.

senalado, den a otra religion.”

Translatioii.

Law II., 1556: That there shall not be taken more sites for

monasteries than can be peopled; and if not peopled within the“*

specified time, they shall be given to another order. '. _

“Ley III., 1561: Que 1 s monasterios se edifiquen distantes seis

leguas.” ^

Translation. '

That the monasteries be built six leagues apart. ^

‘‘LeyTV., 1568: Que donde se hubieran de pendar monasterios

sea la costa conforme^a esta ley.”

Translation.
'• '

That, where monasteries are to be founded, the cost is to be con-

.
formable to this law.'

“Ley V.: Que a cada convento que de nuevo se fundare se de un

ornamento, caliz cen su patena, y una carapana.”

5



[
21

]
66 .

Translation.

Law V.: That to every new convent that shalllbe founded, there
shall be given an ornament, a chalice, with its paten, and a belL

Titulo 14

—

Libro 1®.

Ley XXII., 1630: Que un religioso de San Francisco puda ir

a Mejico y traer a la 'Florida con el situado lo que ^ocare a su

orden.’’

Translation.

Law XXII., 1630: That a monk of the order of St. Francis may
go to Mexico, and bring to Florida, with the allowance of the pro-

vince, that of his order.

‘‘Ley XXIII., 1629: Que las audencias en la ejecucion de las

penas impuestas a las religiosos guarden el derecho, y Santo Con-

cilio a Trento.’’

Translation.

That the courts, in the execution of penalties imposed upon men

of religious orders, be mindful of the law and the Holy Council of

Trent.

“Ley XXXVIII., 1628: Que a los ueligiosos que salieren a mi^

siones se les de el favor y amparo necessario.”

Translation.

Law XXXVIII., 1628: That the religious going as missionaries
are to have all necessary favor and protection.

Fercera Partida—Titulo veinte y ocho.—De las cosas en que ome
fuede aver senorio, e como lo puede ganar.

Ley 41.— Como dene ome cobrar las despensas que faze en las
cosas que compro a buena fe, si le son vencidas en tuyzio:

“Heredades agenas compran, o ganan los omes a buena fe, e des-
pues que las ban compradas, fazen y de nuevo alguna cosa assi

como torre, o casa o otr© edificio; o si es heredad, plantan y a las
regadas arboles, o ponen majuelos, o fazen y otras cosas seme-

jantes destas menamente, como en lo suyo. Eienen despues,
desso los verdaderos senores, e vencenlos en juyzio, de aquello que

assi ban ganado. E porque puede acaescer contienda entre los
omes, si las despensas que assi fuessen fechas^denen cobrar, o non,

los que las fizieron; dezimos, que ante que sea entregado de la casa,

e de la heredad, el que la venciere' assi como sobredicho es, que
sea tenudo de tornar al otro, todas las despensas que oniere fecho

de nuero" en ella: ca pues que ono buena fe en ganar la cosa e labro

_ en ella assi como en lo suyo, derecho es, que cobre aquello que y
despendio en esta manera. Erapero, si algunos frutos, o rentas, o



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esquilmos ono de la heredad; pues que quiere cobrar las despensas
assi como sobredicho es, derecho es, que descuente en ellas, aquello
que gano, o esquilrao de la h'eredad. Mas si por auentura el senor
de la heredad, que la venciesse en juyzio, fuesse tan pobre que non
pudiesse pagar al otro las despensas que y oniesse fecho nuena-
mente, maguer quisiesse render todo quanto ania; dezimos, que
estonce non seria tenudo de las pagar. ' Mas el otro que las ania
de cobrar, puede sacar de la casa, o de la otra leredad, aquello
que y metio, o^labro, e llcuarlo ende, e fazer dello su pro. Empero
teneuios por bien, e mandatnos, que si el senor de la heredad le
quisiere dar tanto por aquello que ende oniesse a tirar quanto el
podria aner dello, pues que lo oniesse ende lleuarlo: que sea tenudo
de gelo dar por ello, e que lo non llene ende. Esso mismo dezi-
mos que seria, si aquel que fizo la labor, de nuevo en la casa o en
la heredad agena, ono buena fe quando la gano e ante que comen-
casse a labrar, ono mala fe, sabiendo que aquel de quien la gano,
non ania derecho de la enagenar. Ca si despues desso lo renciere
el verdadero senor por ella en juyzio, non dene cobrar las despen-
sas que y fizo, mas puede llenar ende aquello que y metio, o labro
assi como sobredicho es.’’

La misma Partida, Titulo veinte y nuere.— De los tiempos
por que ome pierde las stis cosas, tambien muebles como rayzes.

'Ley 26.—Por quanto tiempo las Eglesias pie-rden las sus cosas.

Qual cosa quier (1) que sea de aquellas que son llamaclas rayzes,

(2.) que pertenezca (3) a alguna Eglesia o lugar religioso, (4,)
non se puede perder por menor tiempo de quarenta anos. Mas las
cosas muebles (5) que fuessen suya^, e de tal natura que se pudie-

sen perder por tiempo, poderlas yan ganar contra elios por tiempo
de tres anos, (6,) en la manera que diximos que las pueden ganar

de los otros omes, Pero las otras que perteneciessen a la Eglesia

de Roma (7) tan solamente non las podria ningun ome ganar por
menor tiempo de -ciente anos.

(1.) Qual cosa quier. Concordat text, in authent. quas actiones,

C. de sacrosanct, ecles. et in corpore unde sumitur, et cap. de

quarta 4 et cap. ad aures 6 et cap. illud 8 de prescript, et cap. 1

de prescrit. lib. 6 et amplia, et limita, ut in tract. pre&‘cript. Bal-

hi, fol. 41, per totum, et fol. 42, col. 1. et ibi, quid in servitutibus.

(2.) Rayzes Idem in actionibus personalibus, que de jure com-

muni 30 annis tollebantur, sen. prescribebantur, ut in diet, au-

thent. quas actiones, et in authent. hec constitutio innovat eonsti-

tutionem, collat. 8.

(3.) Pertenerzea. Quid in Publiciana, vide Bald, in 1 sicut, ad

fin. pen. col. C. de prescript. 30 vel 40 armor, dicentem, quod

prescribetur longo tempore etiam contra eclesiam.

(4.) Olugar religioso Idem de hospitalibus, et locis pus, ut notat

Abbas in cap. 1 de integr. reslit; col. fin. et in cap. accedentibus,



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de privileg. et idem si pauperibus, at in anthent., de ecclesiast.

titulis, S. pro temporalibus, Abb. et Fel. in cap. 2 de prescript.

(5.) Cosas muebles. Concordat. 5ict. aulhent. quas actiones, et

.procedit boc etiam de jure Canonics, ut notat. Toan. de Imol. et

Abb. in cap. 1 de in integr. reslit, et Fel. in cap. de quarta, circa

fin. de prescript.

(6.) Tres anos. Idem habetur de prescriptione quadriennii in

diet, authent. quas actiones; sed ilia prescriptio non habet l^ocum

de jure Canonics, ut est text, cum Gloss, in cap. qui cumque mili-

tum, in verbo consensu, 12 quest. 2 Gloss., et Doct. in cap. de re-

bus eccles, non alienand. Jas. in diet, authent. quas actiones, col.

1, versic, tertio pondera: et de redhibitoi ia, et quanto minoris, ct

ceteris actionibus annalibus, et semestribus, die, quod remanent in

statu suo contra ecclesiam, sicut contra privatum, ut in diet, au-

thent. hec constitutio, et notat Gloss, in dicto § pro temporalibus,

,
et per Gloss, et Abb. in cap. (ad audientiam) cum causa, de emp-

tion. et vendit.

(7.) De Roma. Concordat cap. ad audientiam 13, de prescript,

et diet, authent. quas actiones: et amplia et limita ut per Felin.

in dicto cap. ad audientiam, col. antepen. versic. ulimo lacias r5g-

ulam, et in dicto tract, prescript, fol. 42, col. 2,. 3, 4, et 5.

Communicacion qficial de la Yntendencia al superior gohiernOj de

15 de JYoviemhre^ de 1841.

Exmo. Sr: En la necesidad de continuar la enagenacion de
bienes que fueron de los regulares de esta isla, prevenida en real

orden de 28 de Febrero, de 1839, asegurando simulraneamente su

subsistencia, los gastos del culro, los de los estj^blecimientos ^ de

heneficencia y educajcion que corren a cargo de aquellos, he pensado

muy seriamente sobre el mejor n^edro de llevarla a oabo en bene-
ficio del estado, y sin desatender los indicados objetos tan reco-

mendados en diferentes' reales ordenes posteriores; y con tal motivo

pedi informes a los gobernadores diocesanos y otras personas re-

spetables; como V. E. vera por el espediente original que acom-
pano, sosture discusiones y procure esclarecer la materia por todos

los medios posibles.

Del examen detenido de tantos puntos resulta, que es indis-
pensable la reunion de cornunidades religiosas, ya porque asi

lo demanda el reducido inimero de individuos en algunas de
ellas contra el tenor de sus mismos institutes, ya tambien porque
de esta ma neva quedan a beneficio del estado bienes y edificios,
de que puede sacar algun partido el gobierno ^en las actuales
penurias del tesoro. Al tratar de estas reducciones y preferiilas
a la supresion absoluta de dichas cornunidades, he tenido en cuenta
alconservacion del cuito,

y estableciraientos de beneficencia, y con-
sultado a la subsistencia de tan importantes objetos. Los medios
que para ello he adoptado son los mas naturales y sencillos; los re-
ligiosos cuentan con una sustentacion congrua y decente, y el cuito
se hallara con mas seguridad ct^ndido. Ninguna de estas disposi-



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clones se hace estensiva a las reli^iosas, ni a sus bienes, ni a sus

conventos. Se trata unicamente de las comunidades devarones; y
V. E. autorizado como yo y conmigo para este arreglo, examinara y
modificara si lo encuentra oportunolos siguientes articulos. 1*^.

Las diez y unere comunidarles religiosas que existen en esta isla, se

reduciran a ocho que se distribuiran en los puntos siguientes: Ha-
bana, Guanabacoa, Trinidad, Puerta Principe y Cuba, en la forma

espresada en el estado adjunto. 2°. Los conventos que por la re-

union de . comunidades se suprimen, y quedan destinados para las

atenciones del gobterno, son los siguientes: De la orden de predi-
cadores, los de Guanabacoa, Bayarao y Santi Espiritu. Dela de

San Francisco los de la Habana, Bayamo, Santf Espiritu, Cuba y
Villa Clara. De la Merced, el de la Habana. De la orden de Bele-
mitas, el de la Haban^a y el de San Juan de Dios de Puerto Principe.

3°. Los religiosos que existen en los conventos suprimidos a que se

refiere el articulo anterior, de ben transladarse y reunirse en otros

en la forma siguienta. *

Los dominicos de Guanabacoa, Bayamo y Santi Espfritu en el de
Ste. Domingo«de la Habana; los Franciscanos de la Habana en'el
de Guanabacoa; los de Bayamo, Cuba, Santi Espiritu y Villa Clara

"en el convento de la misma orden en Trinidad; los de la Merced

de la Habana en el de Puerta Principe; losBelemitas de esta ciudad

en el de Cuba; los tres religiosos de S. Felipe Neri pasaran a ocu-

pa'r el de Ste. Domingo de Guanabacoa; y los de San Juan de Dios

de Puerto Principe, vendran al de la misma orden de esta capital.

4o. Todos los bienes y censos de los conventos suprimidos,
y' de los

ocho no suprimidos quedaran a disposicion de la real hacienda, y
las comunidades haran la entrega por inventario a un empleado de

aquella el dia que seles de^igne. 5o. Los rasos sagrados, ornamen-

tos y demas^efectos dedicados al cultx) y servicio de la Iglesla en

los conventos suprimidos seran inventariados escrupiilosamente y
distribuldos en los que quedan existentes, si lo necesitasen, y si no

a las demas Iglesias pobres, en los terminos que acuerden con los

respectivos diocesanos. 6o. El mismo inventario se hara eft las

Iglesias de comunidades no suprimidos, para que nada se distraiga

del uso a que se destlna. 7o. Las' Iglesias de los conventos supri-

midos que convenga clejar abiertas para el culto, se entregaran por

^ la real hacienda mediante inventario al sacerdote autorizado para

el efeCto, y respecto a ellas no tendra lugar el contenido del arti-

culo 5. 8o. A los ocho conventos que quetlan abiertos se consigna-
ran para el culto diez mil pesos anuales; la distribucion entre ellos

de esta suma,^se praclicara oyendo a los prelados diocesanos por la

junta de diezmos; pasandoze despues a la aprobacion del vice-real

patrono y de la superintendencia. La indicada junta sera la con-

sultiva en cualquier reclamaeion o duda que se suscite, sobre la dis-

tribucion, y examinara cada trimestre las cuentas de las comurii-

dades, para ver si la inversion es justa, economica y solo aplicada

al objeto a que dicha suma se destina. 9o. El gobierno, a mas de

la suma destinada al culto a que se refiere el articqlo que precede,

propoicionara de tesoreria a los religiosos para su congrua y de*

cente sustentacion lo siguiente: a los provinciales y prelados mien-



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tras ejerzan sus funciones, treinta pesos al mes, a los jubila'dos y

sacerdotes que cuenten veinte y cinco anos desde que cantaron

roisa, veinta y cinco, y a los que no cue^nten aquella antiguedad,

veinte, a los legos quince pesos, y por cada sirviente bianco donde

no haya legos, en numero de uno para cuatro sacerdotes, ocho pe-

sos, y seis si
son de color. 10. A los Belemitas y de S. Juan de Dios

se les considera pava estas pensiones en la clase de jubilados, de que

habla el articulo anterior, si tienen veinte y cinco anos de profesos,

y si no cuentan
esa antiguedad, como a los otros sacerdotes. 11.

En cada comunidad habra un encargada (por) nombrado por ella,

para recibir de tesoveria la cantidad que respectivamente le esta

asignada. 12. Esta encargado se presentara cadames en las oficinas

con una relacion del prelado, visada por el provisor o gobernador

de la mitra, con espresion de los individuos que permanezcan vivos

en sus conventos. 13. En esta lista no seran incluidos los que des-

pues de la supresion de los conventos en la peninsula, se ban pre-

»sentado en la isla, puesto que no disputan pension en esta cajas, y
pueden regresar a sus destines. 14. Los religiosos que obtengan

su secularizacion continuaran, recibiendo fuero de sus claustros la

pension que respectivana.ente les toque en la distribucion del arti-

culo 9o, conaumento de una cuarta parte sobre su pension.

A la ejecucion de las' precedentes disposiciones fue consiguiente
la orden espedida el mismo nueve de Deciembre de 1841 que se

llevaban a efecto, y anuncio publico inserto en el Diario, de que

pasando el todo de los bienes urbanos y vusticos, censos y demas

de los conventos, a ser propriedad del estado, con la obligacion en

la hacienda de dar a l,os individuos la asignada pension alimen-

ticla, cualquiera persona o escribano (fUe hiciese o autorizase en-

trega Je fondos en pago a ellos, seria responsable de su' ascen-

dencia a la real hacienda. Las casas religiosas en toda la isla

eran 19, y de ellas se dejaban ocho con 8 prelados, 78 padres

jubilados, 45 sacerdotes de 25 anos, 27 de menos, 49 legos y do-

nados, 21 sirvientes blancos, y 7 negros, cuyo importe anual de

pensiones unido a 10,000 pesos que se asignaban para el culto, as-

cendia a 66,200 pesos. (1)

(1) Esta cantidad debe baber sufrido mucha rebaja despues de
cerrado el convento de padres predicadores de la Habana, uno de
los 8, y otros mas pr. exclanstracion de sus individuos.

Noy. Rec. Libro I.

—

Titulo 5o.—De los hienes de las Yglesias
Monasterios^ y de otras Manos-muertas

,

Ley la.—Ley la, tit. o 5o, lib. lo, del Fuevo Real.

—

Las cosas

legitimamjente da das a las Yglesias se gug^rden siempre ellas.

Si Nos somos tenudos' dar galandon de los bienes de este mundo
a los que nos sirven, mayormente debe mos dar a nuestro Salvador

y Senor Jesucristo de los bienes temporales por salud de nuestras

animas, de quien habemos la vida en esta mundo, y todos los otras



71
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bienes que en el tenemos, y esperamos haber galarclon y vida per-

durable en el otro; y no solamente lo debemos dar, mas aun guar-

dar lo que es dado: por ende mandamos, que todas cosas que son o

fueren dadas a las Yglesias por Jos Reyes o por otros fieles cris-

tianos, de cosas que deben ser dadas derechamente, sean siempre

guardadas y firmadas en poder de la Yglesia. (ley 5 tit. 2. lib.

1. R.)

Ley 5 del propio titulo.—Dn. Enrique 2 en Toro ano 1371 pet. 3
de los Prelados; y Dn. Fernando y Da. Ysabel en Toledo ano

1480, leyes 98 y 101.—jVo se tomen ni ocupen lasventas de Ygle^
siasj Prelados^ Estudois y Monasterois, mi se impida su arronda^

miento.

Ordenamos, que los Duques, condes ni Marqueses,^ni otros cua-

lesquier Senores en sus tierras y senoriosjfli otra cualquier persona,

de cualquier calidad o condicion que sea, en estos nuestros Reynos

y Senorio no embarguen, ni tomen por fuerza, ni menoscaben los

bienes y rentas y derechos de los Perlados y Cabildos, y fabrica e

Yglesias y Monasteries y otras personas eclesiasticas, ni de los

Estudios y Uinversidades de nuestros Reynos, ni contra su volun-

tad les tomen en arrendamiento sus ventas, ni les impidan que no

las arrienden libreraente; ni sobre ello schagan estatutos, para que

sus vasallos o otras personas no.se las arrienden, y para que no les

den posadas, ni las otras cosas que hobieren' menester, por sus di-

neros, porque todo esto seria contra la libertad eclesiastica; so

pena que el que lo contrario hiciere, por el mismo hecho pierda la

mitad de sus bienes para la nuestra camara, y caiga e incurra en'

las otras penas en que incurreu los que toman y ocupan las nues-

tras Rentas: y mandamos a los del nuestro consejo, que sobre esto“

les den las cartas y provisiones que menester hobieren. (Ley 11,

tit. 2, lib. 1, R.) ,

Ley 8a del propio titulo.—Don Juan 2 en Burgos ano d^ 1409
peticion 8 y 9, y en Zamora ano 432 pet. 25.

—La plata y bienes
de las Yglesias no se tomen por el Rey sino en caso de necesidady

y con ohligacion a restituir.

La plata y bienes de las Yglesias el Rey no lo puede ni debe-

tomar; pero si acaesciere tiempo de guerra o de gran menester, que

el Rey pueda tomar la tal plata, con tanto que despues la restituya

enteramente sin alguna diminucion a las Yglesias, (ley 9, tit. 2,

lib. 1, R.) _

Articulo 8o DEL CoNcoRDATO dc la Santa Sede y la Real Corona^

sufecha en Roma a 26 de Setiemhre de 1737.

Por razon de los gravisimos irapuestos con que estan gravados

los bienes de los legos, y de la incapacidad de
sobrellevarlos



72
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a que se reduciran en el discurso del tiempo, si aumentandose "los

bienes que adquirieren los Eclesiasticos por herencias, donaciones^

compras o otros titulos, se disminuyese la quantidad de aquellos

en que hoy tienen los seglares dominio, y estan conel gravamen

de los tributos Regios; hapedido a S. S. el Rey Catolico, se sir-

ordenar, que todos los bienes que los Eclesiasticos ban adquirido

desde el principio de ^u reynado, a que en adelante adquiriesen

con cualquiera titulo, esten sujetos" a aquellas mismas cargas a que

lo estan los bienes de los legos. Por tanto, habiendo considerado

S. S. la quantidad y qualid&d de dicha cargas, y la impossibilidad

de soportarla a que los legos se reducirian, si por orden a los

bienes futures nose tomase alguna providencia; no pudiendo con-

venir en gravar a todos los Eclesiasticos, como se suplica, con-

descendera solamente en que todos aquellos bienes'que por cual-

quier titulo adquiriesen cualquiera Yglesia, Lugar pio, o Comunidad

eclesiastica, y por esto cayeren en Mano- muerta, quedtn perpetua-

meiite sujetos, desde el dia en que se firmase la presente concordia,

a todos los impuestos y tributos Regies que los Rgos pagan, a ex-

cepcion^de los bienes de primera fundacion; y con la condicion de

que estos mismos bienes, que hubieren de adquierir en lo future,

queden libres de aquellos impuestos que por concesiones Apostoiicas

pagan los Eclesiasticos, y que no puedan los Tribunales seglares

obligarlos a satisfacerlos, sino que esto lo deban executar los

Obispos. '

[Translation.]

Third Partida.

Title twenty eight. Of the things in which man can have dominion.^

and how he can gain it.

Law 41: How man ought to recover the expenditures made on
things bought by him in good faith, if they are rendered him at lawr

^‘Foreign hereditaments are purchased or gained by men in good

faith', and after they have so purchased they make and renew any

thing, such as tower, or house, or other edifice; or if it is heredita-

ment, they plant and irrigate trees, or place' vines, or make other

things like these anew, as if of his own. After which come the

true lords and heirs at law of that which they have so gained.

And because contentions may arise between men, whether the ex-
penditures which were so made should be recoverable or not by

those who made them, we say, that before delivery be made of the

bouse, and of the hereditament, he that gains it, as is slated above,,

be held to return to the other all the expenditures that he may
have made anew on the same. Whereas, there was good faith to

gain the thing, and he wrought in it as if the same were his own,,

right is, that he recover that which he has expended in this man-

ner. But if any fruits, or rents, or harvests, had,of the heredita-



- 73
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ment, whereas he wishes to recover the expenditures as is above

stated, right is, that he discount in them that which he gained, or

harvest of the hereditament. But if, peradventure, the lord of the

hereditament, so recovering the same at law, were so poor that he

•^could not pay to the other the expenditures which he may have

made anew, and whereas might wish to sell all thereof; we say,

that in that case, he would not be held to pay them. But the other-

that was to recover can take from the house, or from the other her-

editament, that which he placed there or wrought, and carry

wherever, and do with them his pleasure. But we hold as right,,

and ordain, that if the lord of the hereditament should wish to

give as much for that which he was about to remove as he could

otherwise get for the same, provided he had not yet removed it :

that he be held to give it for the sa'me, and* that he don’t remove it

therefrom. The same w''e say would be, if the one that made the

improven.ents in the house, or on the foreign hereditament, acted

in good faith when he gained it, and before he commenced to labor

acted in bad faith, knowing that he from whom he gained it had
not right to transfer it. And, if after that the lawful lord thereof

should recover the same at law, he should not recover the expendi-

tures which he made, but can carry wherever he who placed or

labored them, the same as is above stated.

The same Partida.

Title twenty~nine.—Of the times for which men lose their goods^.
moveable as well as real.

^

Law 26 : For how long a time the churches lose their goods.
Any things (1) whate-v er of those which are called real (2) w^hich

may belong (3) to any church or religious place, (4) cannot be lost

for less time than forty years. But the goods, moveable, (5) that

,
might be hers, and of such nature that might be lost for time,

vhold and even gain against them for space of three years, (6); and in

the manner we have said, they can gain them from other mf^n.

But the others that appertain to the church of Rome, (7) that alone

can no man gain for less tim^ than one hundred years.

Translation of the latin notes.

1. “ Qual cosa quier^'^^ agrees with the text, what actiones” in

the authorized standard collection, concerning the H. church, and

in the body, whence it- is taken, ^nd in the 4lh cfiapter, and in the

chapter commencing “ad aures,” that is “to the ears,” being the

6th and that 8th chapter on prescription, also the 1st chapter on

prescription, book the 6ih and so on. Likewise condensed, as in

the treatise of Balbus on prescription, through the whole of the 41st

vol., and in the 1st collection of the 42d vol., there also may- be

found what appertains to slavery.



%

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74

2. Reyses.^^ The same in personal actions which for 30 years

were taken from the common law, or were prescribed as in the
above mentioned case, entitled ^‘What Actiones,’’ and in the case,

‘‘This constitution is an innovation upon the constitution,’’ col-

lection the 3d.

3. “ Pertehezca.” The same as you may find in Publicianaj see
also Balbus, as before, towards the end of the Collection 6 on pre-

scription, where you may find 30 or 40 annotations, specifying

what shall or may be prescribed for a long time, even against the

church.

4. “O lugar religiosa.” The same concerning hospitals and
religious places, as Abbas observes in the 1st chapter upon entire

restitution, towards the end of the collection; also in the chapters

concerning things being added^ privelege, and the poor. But in the

standard, instead of temporalities, it comes under the head of

ecclesiastical titles. See Abbas, and 2d chapter on prescription.

5. “ Cosas muebles.” The concordat specifies what actions.

This also is a priciple of the canon law, as John de Imola and Ab-

bas observe, in the 1st chapter upon entire restitution, and Jel in

the chapter on the 4th part of restitution, towards the end of the

collection upon prescription.

6. “ Tres anos.” The same is the case concerning prescription of

four years, in the concordat, specifying what actions; but this pre-

scription does not derive its authority from the canon law, as the

text has it in Glossius and Dort, in the 2d chapter concerning the

non-alienation of church property. See also Jos. 1st collection,

3d verse, concerning what is be restored, and other annual and

semi-annual incomes; the principle is the same against the church

as it is against a private individual, as Glossius observes, and Ab-

bas in his chapter on buying and selling.

7. “ De Roma.” The chapter of the concordat on hearing the

case, being the 13th upon prescription, also at large, likewise the

remarks'of Felin on the above mentioned chapter, the last verse

towards the end of the collection, and in the treatise on prescrip-

tion, vol. 42, collection 2, 3, 4 and 5.

SUPPRESSION OF THE CONVENTS IN CUBA.

Official communication from the administration to the superior go-

vernment^ of \bth J^ovember, 1841.

Excellent Sir: In the necessity to continue the alienation of

goods that were of the regulars of this island, advised in royal or-

der of 28th of February of 1839, securing simultaneously their sub-

sistence, the costs of the public worship, those of the establish-

ments of beneficence and education that continue in charge of those,
^

I have thought very seriously upon the best means to carry it out

to the benefit of the State, and without disregarding the indicated

objects so recommended in different posterior -royal orders; and

\



75
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with that motive I asked information of the governors, diocesans

and other respectable persons, as your excellency will see by the

accompanying original circular. I maintained discussions and en-

deavored to enlighten the matter by all possible means. From the

examination obtained from so many points, results that the re-union

of religious communities is indispensable, not only- because the re-

duced number of individuals in some of them, contrary to the tenor

of their own institutes, demands it, hut also because hy this means

remain^ for the benefit of the State, goods and edifices, from which

the government can obtain some help in the actual penurious state

of the treasury. Whilst treating of these reductions, and preferring

them to the absolute suppression of said communities, I have had

in view the conservation of the worship and establishments of be-

neficence, and advised as to the maintenance of such important ob-

jects. The means which for that I have adopted are the most na-

tural and simple; the religionists count upon a competent and de-

cent support, and the worship will be found with greater security

attended. None of these dispositions are made to extend to the

female religionists, nor to their goods, nor to their convents. We
refer only to the communities of males, and your excellency, au-

thorized as myself, and with me for this arrangement, will examine

and modify, should you find it expedient, the following articles:

1st. T\iQ"nineteen religious communities that exist in this island

shall,be reduced to eight, which shall be distributed in the follow-

ing places: Havana, Guanabacoa, Trinidad, Porto Principe and

Cuba, in the manner expressed in the adjoining statement.

2. ^he convents that by the re-union of communities are sup-

pressed, and remain destined for the requirements of the govern-

ment, are the following: of the order of Preachers, those of Gua-

nabacoa, Bayamo, and Ste. Espiritu; of that of San Francisco,

those of the Havana, Bayamo, Santi Espiritu, Cuba, and Villa

Clara; of the Merced, that of the Havana; of the order of Bele-

mitas, that of the Havana, and that of Saint Juan de Dios, of Port

Principe. _

3. The monks that exist in the suppressed convents to which the

anterior article refers, ought to remove and re-unite themselves in

othersin the form following: the Dominicans of Guanabacoa, Baya-

mo, and Santi Espiritu in that of Saint Domingo of the Havana; the

Franciscans of the Havana in that of Guanabacoa; those of the Baya-

mo, Cuba, Santi Espiritu, and Villa Clara, in the convent of the

same order in Trinidad; those of the Merced of the Havana in

that of Port Principe; the Belemitas of this city in that of Cuba;

the three monks of Saint Felipe Neri will proceed to occupy that

of Saint Domingo of Guanabacoa; and those of Saint Juan de Dios

of Port Principe will come to that of the same order of this

capital.

4. All the property and revenues of the suppressed convents, and

of the eight not suppressed^ will remain at the disposition of the

royal estate; and^the communities will make the delivery by in-

ventory to an employee of the same the day which may be desig-

nated them.



76

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5. The sacred vessels, ornaments, and other effects dedicated to

the worship and service of the church in the suppressed convents,

will be scrupulously inventoried and distributed amongst those

that remain existent, if they should require them; and if not, to the

rest of the poor churches, in terms to accor'd with the respective

dioceses.

6. The same inventory will be mhde in the churches of commu-

nities not suppressed, so that nothing may be distracted from the
use to which it is destined.

7. The churches of the suppressed convents that may be profita-
ble to leave open for the worship, wiil be delivered by the royal

estate, by means of inventory,, to the minister authorized for the

effect, anel respecting them, what is contained in article 5 will have

no effect.

8. To the eight convents that remain open there will be appro-

priated for the worship ten thousand dollars annually; the distri-

bution amongst them of this sum will be effected by hearing the

diocesan prelates, through the board of tithes, recurring afterwards

to the approbation of the vice royal patron and of the superinten-

dence. The indicated board shall be supervisory in whatever claim

or doubt that may arise regarding the distribution, and will exa-

mine, every quarter, the accounts of the communities, to see if the

fund is just, economical, and solely applied to the object to which

said sum is destined.

9. The government, besides the sum appropriated to the worship

which the preceding article refers to, will proportion from the

treasury to the monVs for their competent and decent sustenance,

the following: to the provincialists and prelates whilst they exer-

cise their functions, thirty dollars per month; to the superannua-

ted, and priests that can count twenty- five, years since they said

mass, twenty-five—and to those that cannot count that antiquity,
twenty; to the laymen, fifteen dollars—and. for each white servant,
where there are no laymen, in number_of one for every four priests,

eight dollars, and six, if they are of color.

10. The Belemitas and of Saint Juan de Dios will be considered,

for these pensions, in the class of superannuates, of which the pre-

ceding article speaks, if they have professed for twenty-five years;

and if they cannot count this antiquity, the same to the other

priests.

11. In each community there will he a person encharged,_named

by the same, to receive from the treasury the amount that respec-

tively is assigned it.

12. This charge will present himself every month in the office^

with a statenlent of the prelate, reviewed by the provisor or goverr

nor of the mitre, with expression of the individuals that remain

alive in their convents.

13. In this list there shall not be included those who, after the

suppression of the convents in the peninsula, have presented them-

selves on the island, ^becau^e they enjoy no pensions from these

funds, and they can return to their destinations.

.14. The monks who may obtain their secularization, shall con-



17
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]

tinue receiving beyond their cloisters the pension that respectively

belongs to them'in the distribution of article 9j with an Augmenta-

tion of one-fourth part above their pension.

Fofthe execution of the preceding dispositions, followed the

order issued the same ninth of December of 1841, which carried

them into effect; and public notice was inserted in the Diario, that

all the goods, peculiar and rustic, revenues, and all others of the

convents passed and become property of the State, with the obliga-

tion on the estate to give to the individuals the assigned alimen-

tary pension; whatever person or notary that might make or au-

thorize delivery ©f funds in payment of them, w’ould be responsi-

ble for its ascendancy to the royal estate. The religious houses

throughout the island were nineteen; and of them were left eight

with 8 prelates, 78 superannuated fathers, 45 priests of twenty-five

years, 27 of less, 49 laymen and lay brothers, 21 white servants and

7 negroes, whose annual aggregate of pensions amounted to $10,000

that were appropriated for the worship, increased to $66,200. (1)

(1 ) This amount probably has sufferred much reduction after

the closing of the^Convent of Preachers of the Havana, one of the

8, and many others on account of the — of its indi-
viduals.

Nov.'Rec.

—

Book 1st, Title 5th.-— goods of the churches

and monasteries-^ and of other mortmain.

Law 1st, title 5, book 1st, of the royal privilege

—

The goods le-

gitimately given to the churches are secured always in them.

If we are obliged to give recompense of the goods of this world

to those who serve us, inore so ought we to give to our Saviour

and Lord Jesus Christ of the temporal gootls for the health of ouf

souls, of whom we have life in this world, and all the other goods
w’hich in it we possess, and expect to obtain recompense c.n'd life

eternal in the next; and not only ought we to give, but secure that

which is given: Wherefore, we command, that all things that are

or might be given to the churches.by the kings, or by other faithful

Christians, of things that ought to be given directly, be forever

guarantied and secured in the power of the church.—-[Law 5, title
2, book 1, R.J

Law' 5, of the same title.—Henry 2d, in , year 1371,
3, of the prelates; and Ferdinand and Elizabeth, at

Toledo, year 1480, lawrs 98 and 101.

—

JTot to be taken nor occu-

pied the revenues of churches^ prelates.^ studies^ and monasteriesy

nor is their renting to be impeded.

We ordain, that the dukes; counts, nor marquises, nor other
whatever lords on their lands and lordships^ nor other person what-



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ever, of whatever class or condition they may be, in these our

kingdoms and lordships, shall not embargo, nor take by force, nor

deteriorate the goods and revenues and rights_of the prelates and

chanters and buildings oj churches, and monasteries, and other

ecclesiastical persons, nor of the studies and universities of our

kingdoms, nor against their will to take in rent their revenues, nor

impede them from renting them freely; nor on them to make stat-

utes, so as to prevent their vassals or other persons from renting

the same of them, and that may not give them lodgings, nor the

other things which they may require for their moneys, because all

this would be contrary to the ecclesiastical liberty
;
under penalty

that he who to the contrary should do, for the same act shall for-

feit one-half of his goods to our exchequer, and shall fall under

and incur the other penalties which are incurred by those who take

and occupy our revenues: and we command to those of our coun-

cil, that regarding this they give them the orders and decrees that

necessary may be.—[Law 11, Title 2, book 1, R.J

Law 8th, of the same'title.—John 2d, at Burgos, year of 1409,
petition of the 8th and 9th, and at Zamora, year 432, pet. 25.

—

The silver and goods of the churches cannot he taken by the kingy

unless in case of necessity^ and with obligation to restitute.

^ The silver and goods of the churches the king cannot nor ought

to take; but if there should happen in time of war or of great ne <

cessity,-that the king may take^ the said silver, on condition that

afterwards he restitutes it entirely without any diminution to the

churches.—[Law 9, title 2, book 1, R.]

Article 8th; of the ajgreement of the Holy See and the royal

crown, its date at Rome, the 2Qth of September, of l'/37.

By reason of the grevious taxes with which the goods .of the

laymen are grieved, and of the incapacity. to alleviate the hard-

ships to which they will be reduced in the course of time, if the

goods that the ecclesiastics acquire, augmenting through inheri-

tances, donations, purchases, or other titles, should diminish the

quantity of those over which at present the seculars have dominion,

and are under the obligation of the kingly tributes, has prayed of

his majestj the Catholic king, to see fit to ordain, that all the

goods that the ecclesiastics have acquired since the beginning of

his reign, or which henceforth they may acquire, with whatever

title, be subject to those same charges to which are the g'oods of

the laymen. Wherefor his majesty havi.7g considered the quantity

and quality of said charges, and the impossibility to support them,

to which the laymen would be reduced, if by order as to future

goods, some provision were not taken; not being able to agree to

oblige all the ecclesiastics as is prayed, will condescend solely

that all those goods, which by whatever title may.be acquired by

any church, pious place, or ecclesiastical community, and by this

would fall into mortmain, remain perpetually subject, from the day



79
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]

of the signing of the present agreement, to all the taxes and kingly

tributes which the laymen pay, excepting the goods first established

for charity; and with the condition that those same goods which

they may acquire in the future, remain free of those taxes'which,

by apostolical concessions, the ecclesiastics pay and which the sec-

ular tribunals shall not oblige them to satisfy to them, unless the

same be executed by the bishops.

En quanto duro el emperio del jentilismo, los bienes eclesiasti-
cos fueron muebles por lo jeneral, para que en las continuos vies-

gos en que los fieles se haleaban, hubiese facilidad de esconderlos,

traspartarlos y distribuirlos. Pero ne aun entonces dejo de poseer
la Iglesia algunos bienes raices eomo lo prueba el edicto de Cons-
tantino y de Licinio, en que se mando a los jintiles que restituesen
a los cristianos quanto las habian usurpado en la epoca precedente.

Luego, que la Iglesia debro a Constantino dias pacificos, empfso a
adquirer bfenes en muebles en abundancia, ya por contratos inter

ivasj ya por disputeciones testamentarias. Las mismos Empera-
dores cristianos adjudicaron a la Iglesia cierta cantidad de dinero

en el erario publico, que Supremidad por Juliano, el apostata, fue
revaledada por Marciano. Ademas de esto la hicieron donacion
con mucha frequencia de lo§ templas del paganismo y^e sus pro-
ductps. Deroti, Inatitucion Canonicas 216, § 4.

Translation,

During the reign of paganism, the goods of the church were gen-
erally moveables, because, amid the dangers which surrounded tl e
faithful, they were more readily disposed of, transported, and dis-
tributed. But it is found that even then the church possessed im~
moveable property, as is proved by the edict of Constantine and
of Licinio, by which it was ordered that the gentiles should restoie
to the Christians all they had usurped in the preceding epoch. Ey
and by the church gave peaceful days to Constantine, and it bega^i
jto acquireVeal estate rapidly, sometimes by contracts inter vivas

sometimes by testamentary dispositions. ‘The same Christian em-
perors adjudged to the church a certain stipend of money out of
the public treasury; and this, though suppressed by Julian, the

apostate, was subsequently re-established by Marciano. Moreover^

the church at this time received frequent donations of pagan tem-

ples and their products. See Deroti, page 216, § 4.

En un principio el ciudado y adrainii tracion de los bienes de
cada Iglesia estaba a cargo del obispo, el cual la delegata a un

economo o al arcediano, las carees tenian que darle cuentus al fin
de su comision. ETfondo era unico, y de el se sacuba lo necesario



80[21 ]

para el obispo y Herr.as clengos de la Iglesia, las Hmasnas para el

Socorro de los polres, y lo que se invertid en la falrica del tempeo,

en su adorno, vopas, alhajas, y demas gastos precios. Pastereor-

,
mente parecio mas oportuno dividir en partes los productos eclese-

asticas, destinand > respectivamente la suga tanto al obispo y al
' clero, como a las polves y a la falrica de la Iglesia.

Devoti. Instituciones Canonicas, p. 217., ^ 6.

[Translation.]

To guard the goods of the church, they were placed under the

charge of the bishop, who delegated their administration to a

trustee or archdeacon, who had to give an account of their commis-

sion. The fund _was undivided, and from it was taken what was

necessary for the bishop, the clergy of the church, alms to the

poor, and what was required in the erection and adornment and

“alhajas” of the church, and other necessary expenses. After-

wards it seemed more convenient to divide the eclesiastical goods,

and to destine them respectively: so much to'the bishop and clergy,

to the poor, and to the building and repair of the church.

Devoti. Institutions Canonical, page 217, § 6.

(^Walter') Derechos Eclesiasticos.

Section 248, III.—De la enjenacion de los bienes eclesiasticos.

Para evitar el estrario de los bienes de la Iglesia se-figaron y a en

los tiempos primitiros todos los condiciones que habian de reunir

una cnajenacion para que el obispo la autorizase; y los emperadores

Romanos, los reyes Francas, y los decretales, repetieron y amplia-

ron aqueUes disposicions. No es segun ellas licita una enaje-
nacion de bienes eclesiasticos sin determinada y justa causa y sin

deltas formalidades imprecindibles. Se ilamo justa causa, bien a

una necesidad urgente, como la de pagar dendas de la fgl^sia, la

‘4^ rescater esclaros, la de alimentar pobres en tiempos de hombie,

Cosas todas en los cuales es licito vender las cosas sagradas; o bien

una conveniencia notable para la Iglesia. Uno de los requisitos
legales es el consentimiento del cabildo, o capitulo que en otro

tiempo no bastaba sin la aprobacion del concilio provincial. La
extraordinaria facilidad con que en ciertas epocas de circunstancias

politicas consentian los cabildas y ios obispos en desprenderse de

bienes eclesiasticos, forso a los papas a reservarse la aprobacion de

los enagenaciones; pero ya sera raro el pais en que se cumpla esta

formilidad. En todas se exige por el contrario el consentimiento
del poder temporal. Las eriajenaciones para pago de dendas esta-

ban sujetas a las reglas del derecho Romano, y lo estan hoy a la
de la legislacion vigente en cada pais. Sin los que han manejado

el contrato han incurrido en alguna nulidad, tiene la Iglesia el

derecho de restitucion. Si el contrato se ha consumado “vite et

recte’J^cual suele decirse, no cabe mas causa que la de lesion para



81
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21 .]

.

pedirta Iglesia la restitucion de las cosas al estado que tenian,

Tomase aqui la palabra aqui la palabra enajenacion en el sentido

lato, a fin de comprender, no solo la transHiision de plena propie-

dad, en la venta, permuta, y donacion, aunque sea esta para crear

un establecimiento ijeligioso, sino tambien la hypoteca, servidumbre,

renuncia de herencia, legado o derecho, enfendamento y tributacion

de tienas en cultivo. Los mismos principios tienen los Protestantes

en estas materias, sino que el consistorio en unas partes de AlenTa-

nia y el gobierno en otros egercen las facnltades de los obispos Ca-

tolicos.

[Translation.]

Article 248, III.

—

Of the alienation of ecclesiastical property.

(Walter on Ecclesiastical Law^p. 359.)

To avoid the waste of the property of the church, all the condi-

tions upon which the bishop might be authorized to alienate it

were fixed in primitive times; and the Roman emperors, the French

kings, and the decretals, repeated and amplified these arrangements.

According to them it is not lawful to alienate ecclesiastical pro-

perty without just cause and certain inseparable causes. A just
cause is called an urgent necessity; as the paying of the debts of

the church, ransoming slaves, feeding the poor in times of famine;

in all which cases it is lawful to sell sacred property; or for the

palpable convenience of the church. One of the legal requisites is^

the consent of the chapter, which, in other times, was not sufficient

without the approval of the provincial council. The extraordinary

facility with which, in certain ages, from political circumstances,

the bishops and chapters consented to the disposition of ecclesias-

tical property, compelled the pope to reserve to himself the appro-

bation of alienating it; but it is rare to find a country in which this

formality is observed. In all of them, on the contrary, the consent

of the temporal power is required. The alienations for the payment

of debts were subject to the rules of the Roman law; and they are
at this time, subject to the legislation of each country. If they

who have managed the contract have incurred a nullity, the church
has the right of restitution. If the contract has been consumated

^^vite et recte^^ as is said, there is no other ca*use of injury than t©

ask for the restitution of the things to the church in the state in

which they were. The word alienation must here be taken in its
widest sense, in order to comprehend not only the transmission of

the entire right of property, as in a sale, permutation, and dona-

tion, although these might be for the creation of a religious estab-

lishment, but also the hypothecation, servitude, renunciation of

inheritance, by legacy or by law, enfeoffment and contribution of

lands in cultivation. The same principles are observed in these
matters by Protestants, with the exception of some parts of Ger-^
many, where the consistory exercises the rights of the Catholic

bishops, and in other parts, the government.



[.
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] 82

St. Augustine, 25l/i Sepfemberj 1848.

Reverend Father: I have the honor to inform you that I have
accepted the trust confided to me by authority of the joint resolu-
tion of the 11th August last; and that I will enter upon the col-
lection of such testimony as may be important to a just and speedy
decision of the matters it involves, at 11, a. m., Wednesday, 27th
instant.

Should this time, however, prove inconvenient to yourself, or

the wardens of your church, it will afford me much pleasure to
conform in this respect to your views.

Yours, respectfully,

S. R. MALLORY, Arbitrator,

Rev. Benedict Madeore,

V. G. C. C
,
Fa,

St. Augustine, 26th September^ 1848.

Gentlemen: As the arbitrator, under the joint resolution of

Congress of the 11th of August last, appointed by the vicar gen-

eral of the Catholic church of Florida, and the wardens of the

Catholic church of St. Augustine, claiming title to certain real es-

tate in this city, and by the United States, contesting said claim,

I am now collecting all testimony which may aid in a just and

speedy decision of the matters submitted to me. The claim set up

by the parties on behalf of the church and its congregation em-

braces, among other lots of land, that on which the P. Episcopal

church of St. Augustine stands.

I have deemed it proper formally to notify you of this fact, and

to request that you will furnish me with the names of any persons,

unconnected with the Catholic church of St. Augustine, or its al-

leged property, from whom information may be obtained upon the

following points, viz:

1st. Anterior to the transfer of East Florida to the United States,

under the treaty of 1819, what was the general belief and under-

standing of the people of St. Augustine as to the title to the lot in

question? Was it regarded as the property of the crown, or as
church property ?

2d. What was the*said lot worth, in open market, in St. Augus-

tine, when it was transferred to the United States; and what is its

present value 7

3d. Anterior to the change of flag, what was the general belief

and understanding, among the people of East Florida, as to the

title of the church to the property of which it had possession
;
and

was there any general understanding that the church held any pro-

perty in St. Augustine otherwise than as a tenant at sufferance

under the crown 7

By affording me the information indicated, and any other infor-

mation touching the claim set up to the lot of your church, at as



83 [ 21 ]
/

early a day as year convenience will permit, you will oblige, gen-

tlemen, vour obedient servant,
'

S. R. MALLORY, Arbitrator.

To the Wardens and Vestrymen

of the P. Episcopal church of St. Augustine,

Trinity Curch, St. Augustine,

JYovember 17, 1848.

At a meeting of the board of wardens and vestry of Trinity

church, St. Augustine, a summons to appear before S. R. Mallory,

esq., ‘Hhe arbitrator under the joint resolution of Congress of the

11th of August last, appointed by the vicar general of the Catholic

church of Florida, and the wardens of the Catholic church of St.

Augustine, claiming title to certain real estate in this city, and by

the United States, contesting said claim,’’ was laid before the

said board; whereupon the following action was had:

Resolved^ That, as the board of wardens and vestry of said

church, we do not recognize any power or authority of the com-

mission appointed by the ‘^vicar general of the Catholic church

of Florida, and the wardens of the Catholic church of St. Augus-

tine,” “and by the United Stifttes,” to require us to appear before

such commission in relation to any matters pending before such

commission; that we believe that the property held by Trinity

church, St. Augustine, has been lawfully acquired and is justly

held by her, nor has her possession thereof ever been molested or

disturbed; that we do not recognize, under the constitution of the

United States, or the constitution of the State of Florida, any

mode, except by the legally constituted tribunkls of the country, of

investigating claims to real estate, or of examining the titles and

rights of corporations or individuals, as between each other; that

this church is involved in no controversy with the government of

the United States or any body else; and, therefore—

Resolved,^ (with all due respect to the honorable commissioner

That the wardens and vestry of this church protest, on behalf of

said church, against any action, examination, or proceeding, before

the said commission, whereby the rights, interests, or claims of

the said Trinity church are to be in any way or manner affected

or molested.

To S. R. Mallory, Esq.,

Arbitrator^ fyc., St. Augustine.

G. R. FAIRBANKS,
Warden.

B. R. CAN,
P. C. TRYLSTRA,
E. B. GOULD,
J. H. BRONSON,
GEORGE BURT,

* Vestrymen.



[
21

]
84

St, Augustine, September 26
^
1848 .

Sir: The vicar general of the Catholic church of Florida, and

the wardens of the Catholic church of St. Augustine, claiming to

be, severally, the rightful owners of the public barracks and other

property in this city, transferred to the United States by the au-

thorities of Spain under the treaty of 1819, and the United States,

contesting such claim, have, under the authority of the joint reso-

lution of Congress of the eleventh of August last, confided to me

the trust, as arbitrator, of deciding the question of title to and

value, &c., of the property, subject to the action of Congress

—

As such arbitrator, 1 am here for the purpose of collecting all

testimony that may conduce to a speedy and just decision of the

matters submitted to me, and I will feel obliged to you if you will

afford me such information as you may possess.

1st. As to the character of the occupation of the said barracks

by the crown of Spain, previous to the transfer under the treaty of

1819, was the convent of St. Frances regarded generally as church

property, or the property of the crown?

2d. What was the extent of the land generally understood to

belong to said barracks, or the convent of St. Frances?

3d. What was the character, condition, and value of the said

barracks, buildings, and land at this date of their transfer to the

United States in 1821? •

4th. From your knowledge of the value of real estate and prop-

erty, generally, in St. Augustine, at the period of said transfer,

•what would the said barracks and land and the lot of the bishop’s

house, as then situated, have sold for at public auction in St. Au-

gustine?

5th. What has the use and occupation of said barracks been

worth to the United*States to the present period?

6th. If it shall be your opinion that the said barracks, land, &c.,

was regarded by the people, generally, as church property, you

will be pleased to throw whatever light you can upon the reasons or

causes which produced the transfer thereof to the United States,

under the treaty of 1819.

7th. Were the Spanish troops in East Florida frequently quar-

tered upon church property, and, if yes, why and on what occa-

sions were they so quartered?

k 8th. When and by whom was the present church of St. Augus-

tine erected?

9th. To whom was the land, commonly known as the lot of the

bishop’s house, or old church, and the land commonly known as

that of our Lady of the Milk, and the Catholic church of St. Au-

gustine, supposed by the people at large to belong?

lOth. Do you know any rents, or equivalents, in any shape

whatever, granted or conceded by the crown to the Catholic church

of St. Augustine or to its congregation, for the use and occupa-

tion of the said buildings lands, or any of them?

11th. What is the present value of said barracks, land, and lot

of the bishop’s house?



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As an officer of Spain, immediately engaged in the important

events of the transfer of East Florida, your statement on these

subjects will be regarded with peculiar interest.

I will feel obliged to you, also, if you will furnish me with the

names of any persons unconnected with the Catholic church or its

alleged property, from whom any information on the points stated

may be obtained.

With great respect, I have the honor to be, your obedient ser-

vant,

S. R. MALLORY.
To General J. M. Hernandez,

St. Augustine.

St. Augustine, September 29, 1848.

Sir: Your communication of the 26th instant, making inquiries

touching certain property claimed from the United States by the

heads of the Catholic church of this city, together with one of the

same date addressed to me and others, requesting them and myself

to examine and furnish you, as arbitrator in the case, with a

schedule and appraisement of the property alluded to, were on

yesterday received.

The several questions which you have been pleased to propound

to me, in the letter first quoted, I will endeavor to answer with

all possible despatch; and, with the aid of ‘the gentlemen with

whom you have associated me, I hereby accept the trust of ap-
praising the property you designate, in the hope of meeting your

just and reasonable expectations.

With much respect, I have the honor to be, your obedient ser-

vant,

JOSEPH M. HERNANDEZ.
S. R. Mallory, Esq.,

Arbitrator^ Catholic church vs. the U. States.

St. Augustine, 26th September^ 1848.

Sir: As the arbitrator appointed by the parties concerned under

the joint resolution of Congress, of the 11th of August last, I am
now collecting all testimony which may conduce to a just and
speedy decision of the questions submitted to me. Among these
questions, arising from the claim set up by the Catholic church of

St. Augustine to the barracks which were transferred to the United

States, under the treaty of 1819, are the following:

1st. What was the character, condition and value of the barrack
buildings and lands, in this city, when received by the United
States in 1821

?

2d. Were said barracks tenantable or fit for the purpose for
which they were designed!



86[ 21 ]

3d. When were they first repaired by the United States, and
what was the extent and character and value of said repairs?

Believing you to be wholly unconnected with the Catholic

church and its alleged property, and understanding that you were

in St. Augustine about the date of the transfer, I have taken the

liberty to request that you will, as early as your convenience will

permit, afford me such information as you may possess upon the
above points.

Very respectfully, your obedient servant,

S. R. MALLORY,
Arbitrator.

Colonel John M. Hanson,

St. Augustine.

St. Augustine, 2Qth September.^ 1848.

Sir: As the arbitrator appointed under the authority of the joint

resolution of Congress, of the eleventh of August last, to decide

certain matters pending between the United States, the vicar gen-

eral of the Catholic church of Florida, and the wardens of the Ca-

tholic church of St. Augustine, involving the title to the United

States barracks and other property here, I am directed by the so-

licitor of the treasury to take your ‘^deposition to the points indi-

cated in your report’’ to that officer of the thirty-first of May,

1848, and to “notify you to produce the documents to which you

therein refer.” '

I have the honor to state, that I am now collecting all testimony

which may aid in a just and speedy decision of the questions sub-

mitted to me, and that, apart from the deposition and documents

alluded to—which I respectfully request may be furnished at your
earliest convenience— 1 will feel obliged to you for all the infor-
mation which you can afford me as to the character.^ condition and

value of the buildings and land, now known as the United States

barracks, when received by the United States in 1821. As the

officer charged by the United States with the important trust of

receiving from the authorities of Spain the transfer of East Florida,

under the treaty of 1819, your statement on this subject is impor-

tant. I will feel obliged to you if you will also furnish me with

the names of any persons, inhabitants of East Florida at the change

of flag, and unconnected with the Catholic church or its alleged

property, from whom information upon this subject may be ob-

tained.

With great respect, your obedient servant,

S. R. MALLORY,
Arbitrator.

Colonel Robert Butler,

Surveyor general^ Florida.



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Surveyor General’s Office,

St. Augustine^ September 27, 1847.

Sir: Your communication of date yesterday, and handed this

morning, is hereby acknowledged, and will meet attention shortly

after my arrival in Middle Florida, for which place I expect to

leave early in the ensuing month, and where I can have access to

my papers touching the subject of your duty as arbitrator. My
action thereon shall be addressed to you under cover to the solicitor

of the treasury, open for his inspection. I would respectfully

advise you that Lieutenant Colonel Harvey Brown, 4th United

States artillery, (at Old Point Comfort,) was the officer who super-

intended the erection of the United States barracks, in the years

1821 and 1822, upon the ruins received from the Spanish govern-

ment by me, as commissioner, and Colonel J. M. Hanson, a resident

of this place, then the sutler of the troops, and Captain Hanham,

resident in the barrack, are both cognizant of the state of those

ruins immediately aftertheir reception. The accounts of Lieutenant

Colonel Brown, of that period, will develope most probably the

entire expenditure of rebuilding the barrack aforesaid. Thatyou may

estimate what will be my probable opinion of the value ©f the ruins
aforesaid, when sworn to, after seeing the papers believed to be in

my possession, giving the extent of the ground occupied thereby,
that the whole material and ground attached, would not on "sale

have brought one thousand dollars at the time of reception, and

which opinion I formed at the time I received the property. I

would not have given that sum for it
'

if desirous to have pur-

chased; at the same time remark, that the value of my estimate
may be high or low, as not grounded on the knowledge of property-
value, having remained so short a period here.

Very respectfully, your obedient servant,

ROBERT BUTLER,
Surveyor General.

S. R. Mallory, Esq.,

Arbitrator

,

St. Augustine, September 26
,
1848 .

Sib: As the arbitrator appointed under the joint resolution of
Congress, of the 11th of August last, it becomes important to a
just and speedy decision of certain matters submitted to me, in-
volving the title to the United States barracks in this city, that the
character, condition, and value of the barrack buildings, and land
transferred to the United States under the treaty of 1819, at the
date of their transfer, should be accurately understood.

I have this day learned from Colonel Butler, that information
upon these points may, probably, be obtained from you; and, as it
is to be used alone to aid a just decision of the matters pending
between the claimants and the United States, I take the liberty of
requesting you to afford me so much as you may possess upon the



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subject, at your earliest convenience. I will either write your •

statement down as you may detail it, or you can submit it in any
shape most agreeable to yourself.

Very respectfully, your obedient servant,

S. R. MALLORY,
Arbitrator.

To Captain Hanham,

Ord. C., U. S. A.^ St. Augustine.

' Testimony of James R. Hanham.

James R. Hanham, being duly sworn the truth to speak and

true answers make to such questions as may be propounded by S.

R. Mallory, arbitrator, touching the claims of the vicar general

of the Catholic church of Florida, and the congregation of the

church of St. Augustine, to the United States, barracks and other

property in St. Augustine, E. Florida; thereupon deposes, and in

answer to the interrogatories following, says, to wit:

Interrogatory 1. State your name, age, profession, and residence.

Answer. My name is James R. Hanham, military storekeeper,
&c.,in charge of the military property belonging to the general

government in St. Augustine, my age sixty-eight, and my resi-
dence is St. Augustine.

Interrogatory 2. Were you in St. Augustine at the time of its

transfer in 1821?

Answer. I was not. I was at Pensacola at the transfer of East

Florida; but I arrived at St. Augustine in August, 1821, with des-

patches from General Jackson for Colonel Butler, and was acting

under General Jackson’s appointment, as the sheriff of East

Florida.

Interrogatory 3: In what condition did you find the barracks

of St. Francis; describe them as accurately as you can, and state

their character and apparent value at that time?

Answer. They were in a very dilapidated state until Col. Eustis

put a new roof on a part of the main building, and floored the same

part. He then moved in and occupied it with a part of his troops.

I believe this was the south wing. The shingles of the roof were

entirely decayed from age and use, and also the shingles of all the

buildings of the barracks. There were three stone buildings. The

main building, or barracks proper, is the present United States

barracks, improved and repaired as it has been by the United States.

I think, but am not certain, that the principal part of the rafters

were decayed and had to be replaced with others, by Col. Eustis.

These buildings were not habitable until they were repaired. The

walls of these buildings were generally dilapidated and cracked,

and according to my recollection, the walls had partially to be

taken down and repaired; but I cannot speak positively as to this

matter. Others know more on this particular point than I do. But

I do know that the buildings were not tenantable until repaired, I



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believe that the two buildings back of the main barracks were built

on, the walls not being taken down; but I am not positive of it.

Of the value of the barracks I cannot speak with any great degree

of certainty. I purchased land in the town of St. Augustine, about

one quarter of a mile from the barracks, in the year 1822, (after

the change of flag,) for one hundred dollars per acre. I bought

one acre. The land of the St. Francis barracks, which was walled

in, at the change of flag, was from a half to .one acre, I think. The

value of real estate in St. Augustine was increased by the change

of flag. Rents raised a great deal after the change of flag. I think
,

I paid one hundred doJars per annum for a good dwelling, with a

good orange grove attached to it; but I cannot positively say that

it w'^s one or two hundred dollars which I paid. I have given ten

dollars, as well as thirty dollars per month for house rent in Saint

Augustine.

Interrogatory 4. According to your knowledge of the value of

real estate at that time, can you state what the barracks and the

land on which they stood would have sold for at public outcry in

St. Augustine, for cash, after due and proper notice?

Answer. At that time there was very little money in the place,

and this property would have answered the purposes of but few

people. But few persons would have been found as purchasers. I

have thought of the matter, however, since I received your note,

and I think that the land and buildings were worth five thousand

dollars, though I would not have given it, as I had no use for it.

JAS. R. HANHAM,
M. S. iC., in charge of post.

Subscribed and sworn to before me, this 2d October, 1848, at St.

Augustine.

S. R. Mallory,

Arbitrator.

St. Augustine, 2bth September 1848.

Gentlemen: I have the honor to state that, having accepted

the trust confided to me by yourselves, the vicar general of the

Catholic church of Florida, and the United States, under the au-

thority of the joint resolution of Congress of the 11th August, I am

here for the purpose of collecting such testimony .as may be im-

portant to a just and speedy decision of the questions submitted to

me.

I will enter upon this duty at eleven o’clock, a. m., on Monday,

the 27th instant; and I will be happy to receive from you ail the

information upon the subject which it may be in your power to

afford.

Very respectfully^ gentlemen, your obedient servant,

S. R. MALLORY, Arbitrator.
To the Wardens of the Catholic Church,

St. Augustine^ Fa.



[
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90

Antonio Alvarez.

Antonio Alvarez, being duly sworn the truth to speak and true

answers make to all questions which may be propounded to him

by S. R. Mallory, arbitrator, touching the claims of the vicar gen-

eral of the Catholic church of Florida, and the wardens of the Ca-

tholic church of St. Augustine, to the United States barracks, and

other property in St. 4ug^stine, Florida, thereupon deposes, and,

in answer to the interrogatories following, says, to wit:

Interrogatory 1. What is your name, age, and residence?

Answer. My name is Antonio Alvarez; 1 am a native of St. Au-
gustine, Florida, where I have always lived, and I am fifty-seven

years of age. Since 1829, 1 have been keeper of the public ar-

chives in St. Augustine.

Interrogatory 2. Have you any knowledge of the loss or destruc-

tion of any portion of said archives 1

Answer. Yes. During the year 1812, and the struggle known as

McIntosh’s revolution. Acting Governor Don Juan Estrada caused

the public archives, for greater safety, to be removed from their

depository in St. Augustine to the fort. In June, 1812, the succes-

sor of Estrada, Kindellan, transferred the archives from the fort to

the office of the government secretary; but, in doing so, several

bundles of the archives of the period previous to 1763, from eight

to twelve bundles of papers, were left in the fort, as it was found

that, through their age and the dampness of the fort, they were

ruined and useless. Immediately after the transfer of East Florida

to the United States, the archives were in possession of Mr. Low,

at St. Augustine; and I, having occasion to examine them, called

at his office, where they are kept, and where I found them heaped

together loosely on a table, and subject to be scattered about by

the wind. Very soon after this, say in 1824 or ’25, I heard the

complaint made, by persons seeking to establish their claims, that

the evidences of the claims were thus lost among the archives^

But I don’t know whether any of them were really lost after 1821.

Interrogatory 3. State what you know relative to the origin of

St. Francis’s barracks, and their occupation by the Spanish crown?

Answer. Of my own knowledge I know but little; my infor-

mation has been derived from my association and conversation

with the inhabitants of St. Augustine, where my life has been

passed.

Interrogatory 4. What was the general belief and understanding

of the people on this subject?

Answer. That the barracks had originally been a convent be-

longing to the order of St. Francis, and hence it was called St.

Francis barracks, and the street on its north side, St. Francis

street. When a boy, in St. Augustine, I learned, from general re-

port, that the crown took the convent for barracks, after the king’s

barracks were destroyed by fire, which were called pavillonas, or

English barracks. As far back as I can remember, and up to the

change of flag, St. Francis barracks were occupied by troops.



91 [ 21

1

Interrogatory 5. State your knowledge of the extent of the land

occupied with the barracks.

Answer. It was the same land as that occupied by the present

United States barracks, with the exceptions following, to wit:

The louthern limit was. the present southern wall of the guard-

house and kitchens; the eastern limit was the eastern wall of the

building itself, (the convent.) The land between the barracks of

St. Francis and the old burnt barracks was, before the change of

flag, always open, and criminals were sometimes executed there.

Interrogatory 6. At the transfer of these barracks to the United

States in 1821, what was their character^ condition^ and value'l

Answer. There were three barrack buildings. The main build-

ing, or barracks proper, was, when transferred to the United States^

of the size and shape which it is at present, with the exception of

the roof, which was altered in shape a few years ago, and with the

exception also of two galleries which the United States have added.

The second was, also, a stone building, one story high, with a flat

loof, situated on the south side of the lot, and occupied and used

as prison rooms, as I think. It dccupied, I think, the whole south

side of the lot. The third was also a one story stone building,

twelve feet or more high, with an arcade supported by stone arches

along its entire front, and it stood on the west side of the lot, of

which it occupied about three-fourths. It was covered with shin-

gles., These buildings were all in bad repair. The walls were all

good; the frames of the roofs, plates, rafters, &c., were also, I be-

lieve, good; and I think that when the United States repaired them^

but little alteration, in this respect, was made. The shingles of

the roofs were in bad condition.

As to the value of these buildings and the land, at their transfer

to the United States, L am unable to give an opinion, having no
means of knowing. To arrive at any thing like their just value, it
would be necessary and proper for me to examine carefully, with
others, the value of real estate and property generally in St. Au-

gustine at that time.

Interrogatory 7. From your knowledge of the value of property,
generally, in St. Augustine, from the change of flag to this time,,

what has been the value to the United States of their use and occu-

pation of said barracks'?

Answer. I cannot say.

Interrogatory 8. Did the United States use these barracks before

they were repaired 7

Answer. I do not remember.

Interrogatory 9. From your knowledge of these barracks, and the
value of property generally in St. Augustine at this time, what is
the va-lue of them f

^

Answer. I cannot form an opinion.

Interrogatory 10. Have you any knowledge of the old church of
St. Augustine, or bishop’s house*? if so, state it.

Answer. Yes, I remember distinctly when a boy, that a building
stood on the lot occupied now, in St. Augustine, by the protestant

Episcopal church, which was called the old church, and also called



92
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bishop’s house; and that before the present Catholic church was

built, the upper part was used as a church, and that one part of the

lower story was used* by the sacristan’s family. A guard, called
the governor’s guard, was? generally stationed in a portion of the

lower story; and it was thus used and occupied until the^new

church was built, somewhere about 1798.

Interrogatory IL Do you know what the general belief and re-

ceived understanding among the inhabitants was, as to who owned

this old church and its lot 1

Answer. I do not know.

Interregatory 12. As one of the oldest inhabitants of St. Augus-

tine, can you recall any circumstance which would authorize the

belief that it did or did not belong to the crown?

Answer. My impression was always that it belonged to the
church; that, in other words, it was church property, but I cannot

account for this impression.

Interrogatory 13. What were the dimensions of this lot?

Answer. The same in all respects as those of the present Episco-

pal church lot; it was the same lot.

Interrogatory 14. What was the value of it at the change of flag,

in open market ?
'

Answer. I do not know.

Interrogatory 15. What do you know of the church of our Lady

of the Milk ?

Answer. Nothing.

Interrogatory 16. What was the origin of the present Catholic

church of St. Augustine ?

Answer. I do not know of my own knowledge It was sup-

ported by the king—by his exchequer; and in the same manner he
sustained a free school, open to, and sufficient for all the people.

The priests of the church, and there were generally three, were

supported from the same source. In addition to what I have be-

fore said, relative to the repairs put upon the barracks by the

United States, I would also say that the present chimneys have

been added by the United States.

Interrogatory 17. State what interest real estate in St. Augus-

tine paid in 1821, after the change of flag, and from what you

form your opinion.

Answer. Real estate was increased in value by the change, and

paid about ten per centum. I state this from my knowledge of

what my father, who owned and was the lessor of real estate at

that time, was in the habit of receiving for it.

Interrogatory 18. How long did real estate continue to pay ten

per centum ?

Answer. About four or five years, when it declined some\^hat,

and increased again at the outbreak of the Florida war, and during

the Florida war it paid ten per centum and over. At the conclu-

sion of the war, real estate decreased in value greatly, and at pre-

sent it does not pay five per centum; but I cannot tell precisely

what it pays, but rents are low.

Interrogatory 19. Can you give an idea of the rents of ordinary



93
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dwellings, at and after the change of flag, before property declined
in value.

Answer. Dwellings which at that time cost twelve or fifteen
hundred dollars, paid about twelve dollars per month; and some
buildings paid as much as three or four hundred dollars per
annum. A large source of profit was from the orange groves,
which were very valuable, and paid their holders handsomely.
Mine paid me three hundred dollars per annum, and other groves
paid much more.

ANTONIO ALVAREZ.

Subscribed and sworn to before me, this 2d October, 1848, at St,

Augustine.

S. R. MALLORY,
Arbitrator,

Testimony of William H. Simfnons.

William H. Simmons, being duly sworn the truth to speak and
true answers make to all questions that may be propounded by S.
R. Mallory, arbitrator, touching the claims of the vicar genera! of

the Catholic church pf Florida, and the wardens of the Catholic

church of St. Augustine, to the United States barracks and other

property in St. Augustine, Florida, thereupon deposes, and in an-

swer to the interrogatories following, says, to wit:

Interrogatory 1. State your name, age, residence and profession.

Answer. My name is William H. Simmons; I am a native of
South Carolina, am a physician, and at present register of the land
office at St. Augustine; my age is fifty-five, and I reside in St. Au-
gustine.

Interrogatory 2. What was the character, condition and value of
the St. Francis barracks in St. Augustine, at the time of their trans-

fer to the United States in 18211

Answer. I first saw these barracks immediately after the change
of flag in 1821, and the walls of the building were in good preser-

vation; I think that the joists and first floor of the main building

were then existing, but I think there was no roof on either build-
ing; there was a good stone wall, about seven or eight feet, enclo-
sing nearly all the lot of the barracks; if I remember rightly, there
was a stone building with arches in front, also in the barrack lotj
which was used for barrack purposes, guard room, &c., and this
building still stands; I cannot say with any degree of certainty

what was then the value of these barracks. They were certainly
worth the value of the materials of, and the labor employed in
building them; what this might have been, I do not know; the
walls, materials, &c., were available for the purposes of our go-
vernment and were used; property, that is real estate, was Valua-
ble at St. Augustine at the change of flag; the orange groves were

numerous and paid well; real estate thus improved paid about twen-
ty per centum per annum.



94[211

Interrogatory 3. From your knowledge of St. Augustine, its bu-

siness, and the value of its real estate in 1821, can you give an idea

of what the barracks and the land belonging to them would have

sold for at public auction, for cash, in St. Augustine, at that time,

after due and proper notice?

Answer. I cannot; the barracks were particularly calculated for

barracks, and there were probably but few persons whose purposes

they would have suited; besides there was not much money in the

place; the lot was susceptible of being converted into an orange

grove, and groves were then very valuable.

Interrogatory 4. What was the usual rent of an ordinary dwel-

ling house in St. Augustine at the change of flag and immediately

after?

Answer. A dwelling which cost $1,500 or $2,000 would have
rented, by itself, for six or eight dollars per month, and if it had a

grove of the ordinary size of others in St. Augustine, it would have

rented for considerably more; the usual way was to lease the house

and the grove together.

W. H. SIMMONS.

Subscribed and sworn to,

day of October, 1848.

at St. Augustine, before me, this 4th

S. R. MALLORY,
Arbitrator.

Testimony of Bernardo Segui.

Bernardo Segui, being duly sworn the truth to speak and true

answers make to all questions which may be propounded to him by

S. R. Mallory, arbitrator, touching the claims of the vicar general

of the Catholic church of Florida, and the wardens of the Catholic

church of St. Augustine, to the United States barracks and other

property in St. Augustine, thereupon deposes, and, in answer to

the interrogatories following, says, to wit:

Interrogatory 1. What is your name, age and residence?

Answer. My name is Bernardo Segui; I am a ’native citizen of
St. Augustine, where I have always lived, and my age is sixty-three
years.

Interrogatory 2. Do you or not know whether, subsequent to the

transfer of Florida, under the treaty of 1819, any portion of the

archives of East Florida was lost or destroyed ?

Answer. From personal knowledge I cannot say; but immediate-

ly after the change of flag I know that it was a common complaint

in St. Augustine that, through the mismanagement of the person

in charge of the archives, a part of them had been lost.

Interrogatory 3. Before the change of flag, to whom did the con-
vent of St. Francis and its lot, afterwards known as the barracks,

belong ?

Answer, This property was held and occupied by the church pre-



95 [21J

ious to the British possession of Florida in 1763j and, as [ always

understood from my earliest associations with the old inhabitants

of St. Augustine and the people generally, I always supposed that

they regarded it as church property, as well during the British pos-

session of Florida, as after its retrocession to the crown of Spain,

in 1784; after the British left, it was again under the control of the

church, as I understood, and was occupied by priests or monks;

this occupation by the church thus continued until 1792, when the

king’s barracks (called, at the time, pavillonas, as well as English

barracks) were destroyed by fire; then there were no barracks for

the troops, and they took possession of the said convent and pro-

perty, and used it as barracks down to the change of flag in 1821.

Interrogatory 4. From 1792 to 1821, to whom did these barracks

belong, according to the general belief and conduct of the people 1

Answer. The ignorant, I think, deemed them the property of the

king, but the enlightened supposed them to be church property.

Interrogatory 5. Have you any knowledge of any rents, privi-

leges or equivalents given or conceded to the church of St. Augus-

tine or to its people by the king, for his occupation of the convent

of St. Francis '?

Answer. No, I have not.

Interrogatory 6. How was the St. Augustine church supported ?
Answer. The oblata, that is, the sacred vestments, ornaments,

candles, and all the accessaries of the church, were usually brought

from^ Havana, or sent from there to the church—but whether fur-
nished by the crown or the bishop I do not know; the crown paid

certain salaries to the priests of the church for their support.

Interrogatory 7. Was there a school in St. Augustine before the
change of flag 1 If so, state its character?

Answer. Yes, there was a free school, called the king’s school,

open to the public generally, which was maintained by the king,

and existed as far back as I can remember.

Interrogatory 8. Were not the oblata of the church usually sent,

as you have stated, from Havana as well before the king’s occupa-

tion of the convent as barracks, in 1792, as afterwards 1

Answer. I cannot remember.

Interrogatory 9. Did the crown occupy, for its troops or other-

wise, any other property in East Florida, supposed to be church

property?

Answer. Yes; the lot in St. Augustine, on the south side of the

public square, and on which the Protestant Episcopal church now
stands, was always supposed by the people of St. Augustine, as I

believe, to be church property; and upon this lot stood a building,

in the Spanish time, called the “Old Church.” When I was a boy
the king quartered troops on this lot and in a part of the building,

as a guard, and this guard existed there many years. In 1820 two

companies of Spanish troops, of Malaga and Catalonia, arrived

from Havana, and as the St. Francis barracks were then occupied

by black troops, one of these companies was quartered in the

school-house on 4he St. Augustine church lot, which was also



96
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deemed to be church property, and it continued thus quartered

until the change of flag.

Interrogatory 10. State your knowledge of the building of the

present church of St. Augustine!

x4nswer. The present church was begun by the people, and

raised by their individual contributions of money and labor until

a certain elevation, when the crown came in and finished it.

Interrogatory 11. What was the general belief and understand-

ing, as to the ownership of said church and its lot, among the peo-

ple of East Florida!

Answer. The general belief was that they were church property,

controlled by the bishop and protected by the crown.

Interrogatory 12. Have you any knowledge of the church known

as “ our Lady of the Milk!’^

Answer. I know nothing of it, personally, more than that I re-

member seeing, when a boy, fragments of a tower or steeple of a

building situated about a mile north of St. Augustine fort, near

Milk creek, and which was usually called our Lady of the Milk,’’

and I heard, generally, that before the British occupation of Flo-

ri*da, in 1763, there was a church there.

Interrogatory 13. State the dimensions of the lot, the extent of

the land used for barrack purposes, by the Spanish troops about

the St. Francis barracks!

Answer. I have reail over Mr. Alvarez’s description of it, and to

avoid unnecessary detail I will adopt that as my own, for it is cor-

rect. Mr. Alvarez resided opposite and near to the barracks.

Interrogatory 14. You will be pleased to state the character^

condition and value of these barracks and their lot when transferred

to the United States!

Answer. There were three buildings; the largest one, on the

east side, and which building is the present barracks, was then as

it is now, with this difference, that a new roof of a different shape

from the original and two galleries have been added. The second

building was of stone, one story high, running east and west, with

a flat roof; but I do not remember its size. It was used as prison

rooms; its walls were sound, but the wood work and roof were

generally decayed. The third building, on the west side, of stone,

used as kitchens, was in similar condition; I cannot give any defi-

nite idea of their value or of that of the land. The troops of the

United States were moved into these barracks, and occupied them

before an}- repairs were made.

Interrogatory 15. As a citizen of Florida, familiar with the value

of real estate and property generally in St. Augustine at the

change of flag, what do you think these barracks, and the lot of

the old church described by you, would have severally sold for at

the time the United States received them, in open market for cash,

at St. Augustine, supposing the sale to be made after due and

proper notice! ^
Answer. I think that the barracks would have brought from ten

to fifteen thousand dollars, and the lot spoken of, about one thou-

sand dollars.



97
[ 21 ]

Interrogatory 16. According to your knowledge of the value of
real estate in St. Augustine since its transfer in 1821, what do you
consider a fair rent for the use and occupation of St. Francis bar-
racks by the United States?

Answer. I cannot form an opinion.

Interrogatory 17. What is the present value of the propertv
specified?

r r j

Answer. I cannot say. At present, real estate has little or no
value here in St. Augustine; and if judged of by this standard, the
property is worth but little. Real estate, which, ten years ago,
vas worth here in open market |5,000, would not bring half this
sum now.

Interrogatory 18. What per centage has real estate in St. Au-
gustine yielded upon the amount invested, as a general rule, since
the-change of flag?

Answer. I do not know.

B. SEOUL

Subscribed and «worn to

day of October, 1848.

before me, at St. Augustine, this 9th

S. R. MALLORY,
Jirhitrator,

Antonio Andreo,

Antonio Andreo, being duly sworn the truth to speak and true

answ’ers make to all questions which may be propounded to him by
S. R. Mallory, arbitrator, touching the claims of the vicar general

of the Catholic church of Florida, and the wardens of the Catholic

church of St. Augustine, to the United States barracks and other

property in St. Augustine, thereupon deposes, and, in answer to

the interrogatories following, says, to wit:

Interrogatory 1. State your name, age, residence, and profession.

Answer. My name is Antonio Andreo; I am a native of St. Au-
gustine, and have Irved here most of my life; I am sixty-six years
old, and am a ship carpenter.

Interrogatory State your knowledge of the origin of the pre-

sent church of St. Augustine?

Answer, I only know from my father and other old people that
the people in St. Augustine built it by contribution, but what pro-

portion of it was thus built, or how it was completed^, I do not

know'. * ^

Interrogatory 3. State what you know about the church of our

Lady of the Milk.
,

v
. ^

Answer, I remember having seen the old stone building called

the church of our Lady of the Milk, when I was eight or jiind

years old, situated north of Fort Marks, on Milk or Hospital

creek.

Interrogatory 4. Can you say whether or not this building was

7



[ 21 ]
98

in fact, ever in the possession of the church, or occupied for its

use. .

Answer. No. I never knew it to be occupied at all.

Interrogatory 5. What was its origin^ How did it come there,
and for what purpose was it built?

Answer. I do not know.

Interrogatory 6. Describe the land on which it stood?

Answer. The lot of the old church was about one acre large-

—

and was on the south side of the old lines of fortification, and on

Hospital creek; it is the same lot which is now claimed by Mr.

Davis, and is occupied and planted in part by Mr. Capo. The

stone of the walls of this old church were used as I have always

heard, to build, or rather to aid in building the new church.

his

ANTONIO + ANDREO.
mark.

Subscribed and sworn to before me, at St. Augustine, this 29th

September, 1848. y

S. R. MALLORY.
Arbitrator,

Testimony r\f John Masters, senior.

^ John Masters, senior, being duly sworn the truth to speak and
true answers make to all questions which may be propounded to

him by S. R. Mallory, arbitrator, touching the claims of the vicar

general of the Catholic church of Florida, and the wardens of the

Catholic church of St. Augustine, to the United States barracks

and other property in St.‘Augustine, deposes, and, in answer to the

interrogatories following, says, to wit:

Interrogatory 1. What is your name, age, residence, and profes-
sion?

Answer. I am a native of St. Augustine, where I have always

lived, with the exception of about two years; I am seventy years
of age, and am a farmer.

Interrogatory 2. What do you know of the convent of St.
Francis?

Answer. I remember when the Spanish troops occupied the bar-

racks, situated a short distance from the present barracks, and

which were called the pavillonas, and which were burnt down,

and then the troops were moved into the convent of St. Francis.

There were no troops ever quartered in this convent before the bar-

racks, called the pavillonas, were burned. Before they were

burned, I remember that some Capuchin friars were here in St.
<4ugustine, established here from 1784; but whether they occupied

the convent or not I cannot renumber. I do not remember when
these Capuchins left, but they Remained here six or eight years,
and left here with the bishop.



99
[ 21 ]

. Interrogatory 3. Do you, or not, know whether the church of
St. Augustine made any use of this convent, or whether it was oc-
cupied for any religious purpose or use "before the troops moved
into it7

Answer. I cannot remeiiiber.

Interrogatory 4. Can you recall any circumstance authorizing

the belief that this convent ever did belong to the church, or that

the church ever had possession of it?

Answer. Of my own knowledge I know nothing, nor can I recall
any such circumstance; but I can state from my conversations with
my father and other old inhabitants of St. Augustine, and from the
general belief and understandi^^ among them at that time, when I

was a young man, that the convent must have belonged to the

church, inasmuch as the British did build barracks for themselves

near to the convent, whereas, they might have occupied the con-

vent for barracks, had it been crown property and transferred to

them by the Spaniards; and furthermore, at the retrocession of

Florida to the Spaniards in 1784, the Spanish troops did not go to

the convent, bat to the British barracks, and made no use, that I

ever heard, of the convent until the destruction by fire of the

English barracks or pavillonas.

Interrogatory 5. What proportion or part of the new church was

built by the people of St. Augustine?

Answer. I do not know. It was begun and carried on by general

contributions of the people, but how far they carried it towards

completion I do not remember.

Interrogatory 6. What do you know of our Lady of the Milk?
Answer. I have seen the church standing near Milk creek, north

of the Fort St. Marks, but I never saw it occupied except by troops.

The lot of this old church was about an acre, more or less. I saw'

it occupied by regular and militia troops during the first McIntosh

war, viz: the first revolution after the retrocession to Spain, and

somewhere about 1794. The old church decayed, and I heard that

its walls were used in building the present church. I have heard

that the church was occupied for the missions, and used by the

missionaries for the civilized or christianized Indians. It was also

subsequently called the hospital, as the sick and infirm were carried

there to be cured.

his

JOHN + MASTERS.
' mark.

Subscribed and sworn to before me, at St. Augustine, this 29th

September, 1848.

S. R. MALLORY,
Arbitrator,

¥



[
21

]

I

100

Testimony of Philip Gomez,

Philip Gomez, being duly sworn the truth to speak and true an-

swers make to all questions that may be propounded to him by

S. R. Mallory, arbitrator, touching the claims of the vicar gene-

ral of the Catholic Church of Florida, and^ the wardens of the

Catholic Church of St. Augustine, to the United States barracks^

and other property in the city of St. Augustine, thereupon de-

poses, and in answer to’the interrogatories following, says, to wit:

Interrogatory 1. What is your name, age, residence, and pro-

fession?

Answer. My name is Philip GoriJtz; I am a native of St. Au-
gustine, where 1 have always lived; I am now thirty-eight years

old, and am a mason.

Interrogatory 2. State your knowledge of the character, condi-

tion, and value of the St. Francis barracks, in St. Augustine,,

when they were transferred to the United States, in 1821.

Answer. I will speak of the St. Francis barracks 'proper, that

is, the building which^ now is called the United States barracks.

At the transfer of this building to the United States, it was in the

condition which it how exhibits, excepting that the roof has been
renewed and altered in shape, and two or three (I am not certain

which) galleries, also chimneys, which the United States have

added. The shingles were decayed, but the rafters and plates, and

the whole frame of the roof, or the greatest part of it, were in

good order, and. were retained when the officer of the United States

first repaired it. The walls were good. When they were repair-
ing the barracks first, a part of the walls, viz: the gable ends,

were taken down; but it was to alter the'shape of the roof, and

not because they were unserviceable. The pitch of the roof was

formerly greater than now.

PHILIP GOMEZ.

Subscribed and sworn to before me, at St, Augustine, on this 4th

October, 1848.

S. R. MALLORY, Arbitrator.

Testimony of 'Michael JSTeligan,

Michael Neligan, being duly sworn the truth to speak and true
answers make to such questions as may be propounded to him by
S. R. Mallory, arbitrator, touching the claims of the vicar general
of the Catholic Church of Florida, and the wardens of the Catho-
lic Church of St. Augustine, to the United States barracks and
ot^er property m St. Augustine, Florida, thereupon deposes, and
in answer to the^ipterrogatories following, says, to wit:

Interrogatory 1. State your name, age, residence, and -profes-
sion ?

^



101
[
21

]

Answer. My name is IVLichael Neligan; I was born in New Lon-
don countyj Connecticut; I have resided in St. Augustine seven-

teen years; am a mason, and my age is forty-one years.

Interrogatory 2. State what you know about the repairs which

have been placed on the United States barracks, St. Augustine.

Answer. In the fall of 1844, I worked on the barracks. They

were then being repaired by the United States, under the superin-

tendence of Lieutenant Shover. The old roof Was then taken off,

and a new roof, different in shape, was put on. The walls of the

building were in pretty good order. The gable ends of the two

buildings, running east and west, were taken down and made level

with the rest, of the walls; but no other part of the walls were

taken down. These were the old Spanish walls of the convent or

barracks of St. Francis. As a mason, I can say that the walls had

"been well built, and that all the old buildings, built by the Span-

iards in Augustine, which I have inspected, jexhibit much more faith-

ful work than is done now. When the gable ends of the barrack
walls were taken down, to give place to a heavier roof, it was

questioned whether the walls would admit of it, but they have

stood very well. There were then some iron clamps^ three, I be-

lieve, found in the walls, but when put in I do not know. They

w^re put in where a crack had exhibited itself; and when we plas-

tered the walls I examined the crack and found that it had not en-

larged from^the time they were put in, and we plastered over it.

To plaster the walls we pecked the old plaster off and found it

very hard and firmly adhering to them. In furring on the inside

of the walls, we had to cut or plug a great -many holes in them

throughout the building, and I do not think that a single unsound

spot was found in them.

MICHAEL NELIGAN.

Subscribed and sworn to before me, at St. Augustine, this 4th

of October, 1848.

S. R. MALLORY, Arbitrator.

Testimony of George Cla,

George Cla, being duly sworn on the Holy Evangelists of Al- -

mighty God, the truth to speak and true answers make to all ques-

tions which may be propounded to him by S. R. Mallory, arbitra-

tor, touching the claims of the vicar general of th_e Catholic church

of Florida and the wardens of the Catholic church of St. Augus-

tine, to the United States barracks and other property in St. Au-

gustine, thereupon deposes, and in answer to the interrogatories fol-

lowing, says as follows, to wit:
, ^

Interrogatory 1. What is your name, age, residence and profes-

sion!

Answer. My name is George Cla, my age is sixty-three years, I
am a native of St. Augustine, Florida, and have always lived there.



102
'

[211

Interrogatory 2. What was the character of the occupation of

the St. Francis barracks in this city by the Spanish a.uthorities pre-

vious to their transfer to the United States'?

Answer. My belief at the time was that the barracks were occu-
pied as the property of the crown, and this belief was founded on

seeing them occupied by the Spanish troops.

Interrogatory 3. What was the general belief of the inhabitants

upon this subject at the time?

Answer. I do not know.

Interrogatory 4. Do you know any thing about the maintenance

of a free school in St. Augustine while the barracks were so occu-

cupied? if so, state it.

Answer. I do; I went to it*
*

Interrogatory 5. 'How were the expenses of the church in St.

Augustine defrayed at said time, and generally?

Answer. The expenses were defrayed by funds which were sent

from Havana for the purpose; and, according to my belief, by the
orown; but I am not certain of it.

Interrogatory 6. Did the congregation usually contribute towards

the support of the church, or did it look to the king for such sup-

port?

Answer. I never knew or heard that the congregation of the

church contributed anything towards its support?

Interrogatory 7. When was the St. Augustine church built?
Answer. I do not know, but it was when I was a boy.

Interrogatorjr 8. How was its construction paid for?
Answer. I learned from my father, who was an inhabitant of St.

Augustine at that time, and employed by the government of Spain^

that it was built in part by the people of St. Augustine, who gene-

rally contributed their money and labor, and that he had, as a citi-

zen, contributed money for this purpose; and my impression is that

the crown gave the other part.

Interrogatory 9. Whenever the church required repairs, who, a&

a general rule, paid for them, the king or the people?

Answer. The church, originally covered with slates, was newly

roofed, but at whose expense I do not know.

Interrogatory 10. What was the general belief and understand-

ing of the-people as to the ownership of the church of St. Augus-

tine?

> Answer. My belief at that time was that it belonged to the con-
gregation, and I believe that such was the general understanding

of the people of St. Augustine.

Interrogatory 11. What was the general belief as to the owner-
ship of the lot in St. Augustine where the P. Episcopal church is?:

Answer. I do not remember.

Interrogatory 12. Where was the church, before that of St. Au-
gAJstine was built?

Answer. The* old church stood on the south side of the public

square, and ran east and west, and was bounded, as I believe, by St.

George street. ' .

Interrogatory 13. What was the dimensions of its lot?



103
[ 21 ]

Answer. I do not remember; it was pretty long from east to
west.

Interrogatory 14. Were you ever in this old Church'?
Answer. Yes; when a boy I attended religious services there'?
Interrogatory 15. Did the crown of Spain, either for its troops

or other purpose, at any time occupy this old church or any part

of it?

Answer. I recollect that the government had a guard, called the

governor’s guard, established either in this building or in a small

building annexed to it on the same lot; and that this guard conti-

nued thus located until it was transferred to the northeast corner

of the public square. I do not know how long the old church was
occupied as a church, but it was in the Spanish time.

GEORGE CLA.

Sworn to and subscribed before me, at St. Augustine, this 27th
day of September, 1848.

S. R. MALLORY.
Arbitrator.

Testimony of Manuel Crespo.

Manuel Crespo, being duly sworn the truth to speak and true -

answers make to all questions which may be propoundejd to him by
S. R. Mallory, arbitrator, touching the claims of the vicar general

of the Catholic church of Florida, and the wardens of the Catholic

church of St. Augustine, Florida, thereupon deposes, and in an-

swer to the interrogatories following, says to wit :

Interrogatory l.^tate your name, age, residence and profession.

Answer. My name is Manuel Crespo. I am a native of St. Au-
gustine, where I have lived the best part of my life. I am fifty-one
years old, and am a merchant.

Interrogatory 2. State what was the character, condition and

value of the St. Francis barracks, the present United States bar-

racks, when thus transferred to the United States in 1821.

Answer. When the St. Francis barracks were transferred in 1821^
they consisted of the principal building and two out buildings, all

of stone, standing within a stone wall, about from ten to fifteen

feet high, which enclosed the barrack lot. The walls of all these

buildings were good and sound. The roof of the present barracks

(which was the principal building spoken of) was pretty good ex-

cept the shingles, which were rotten. The frame of the roof^

rafters, plates, &c
,
were ^11 sound and good, and in repairing the

building they were retained and shingled upon. The walls of this

building were sound, but ihere was a crack at one corner; but

nothing more than iron clamps were necessary tjo secure them, and

guard against the effects of this crack, and these braces, three or

four, were put in by the United States.

Interrogatory 3. What means had you of knowing the facts to



£21 ] 104

which you testify ? Did you examine these buildings and walls

particularly 1

Answer. I know for this reason. My father was a first lieuten-
ant in the Spanish army, stELtioned in St. Augustine under the

Spanish government for many years previous to the change of flag,

and down to the change. He came to St. Augustine in 1790,
and resided there till the change of flag. From 1812 to 1818 I was

a cadet in the Spanish service in St. Augustine, and my duties
called me daily to these barracks, and I knew all about them. I

continued to reside in St. Augustine down to the change of flag,

and ever since.,

Interrogatory 4. Was the frame of the roof (rafters, &c.) in its
place on the building, or had it fallen into the building or from itl

Answer. The frame of the roof was entire, and in its place.

Interrogatory 5. What was the value of the land and building

composing these barracks 1 What would the barracks have sold

for at that time, 1821, in St. Augustine!

Answer. I do not think myself competent to answer this ques-

tion.

.
MANUEL CRESPO.

Subscribed and sworn to before me, at St. Augustine, this 5tli'

October, 1848.

S. R. MALLORY,
Jirbitrator,

Testimony of Joseph Canova,

Joseph Canova, being duly sworn the truth to speak ‘and true

answers make to such questions as may be propounded by S. R.

Mallory, arbitrator, touching the claims of the vicar general of

the Catholic church of Florida, and the wardens of the Catholic

church of St. Augustine, to the United States barracks of St. Au-

gustine, Florida, and other property, thereupon deposes, and, in

answer to the interrogatories foUowing, says, to wit:

Interrogatory 1. What is your name, age, residence, and profes-
sion!

Answer. My name is Joseph Canova; I am a native of St. Au-.
gustine, where I have always lived; I’ am thirty-seven years old,

and am a carpenter.

Interrogatory 2. State what you know about the lepairs of the
United States barracks in St. Augustine, the state of its walls,

roof, &c.!

Answer. I worked as a carpenter, about 1829 or 1830, on these

barracks. They were then being repaired by the United States.

The walls of the main building, the present barracks, were the

identical walls of the old convent or barracks of St. Francis, and

were in good order; and, to the best of my knowledge, no mason
work was then done on them. The roof required shingling only.



105 [ 21 ]

We took off the old shUigies and put on new ones, leaving the
xafters, roof, boards, &c.

,
standing. The rafters, plates, &c., were

in very good condition. •

Interrogatory 3. Do you know whether, or not, these plates,

rafters, &c.,'of which you speak, were the original rafters of the

St. Francis barracks, or others put on by the United States after

the change of flag?

Answer. I do not know. The rafters, plates, &c., were shaped

by the axe and by the whip saw. There was also' a building,

which t remember, back in the barrack yard, of stone, one story

high, used for guard-room, &c. There was also a high stone wall,

eight or ten feet high, on the north and west side' of the lots, and

also on the east.

his

JOSEPH + CANOVA.
mark.

Subscribed and sworn to before me, at St. Augustine, tliis 4th

October, 1848.

S. R. MALLORY, Arbitrator.

Testimony of John Leonardy.

John Leonardy, being duly sworn the truth to speak and true

answers to make unto all questions that may be propounded to

him by S. R. Mallory, arbitrator, touching the claims of the vicar

general of the Catholic church of Florida, and the wardens of the

Catholic church of St. Augustine, to the United States barracks

and other property in St. Augustine, Florida, thereupon deposes,

and, in answer to the interrogatories following, answers, to wit:

Interrogatory 1. What is your name, residence, age, and profes-

sion?

Answer. Mi name is John Leonardy; I am a native of St. Au-
gustine; I am seventy-two years of agej and am a laborer.

Interrogatory 2. State what you know about the origin of the

present United States barracks in St. Augustine?

Answer. I remember very well the convent of St. Francis, after-

wards called, during the Spanish time, (after the retrocession,) the

St. Francis barracks, and now called the United States barracks. I,

when a boy, saw monks or friars here in St. Augustine, of the Car-

melite,-Capuchin, and Dominican orders, who were here and about

here, St. Augustine, in their vocations, acting as missionaries, &c.

These friars, as I always heard', 'occupied the convent of St.

Francis, and it always went by this name, the convent of St.

Francis, until the barracks which the English had built during

their possession of St. Augustine, and which the Spanish troops

occupied after they repossessed, in 1784, were burned. Then, I

remember, that the Spanish troops had no barracks, and the au-



[
21 ]

• 106

tborities sent them to the convent. Here they continued until

the change of flag in 1821.

Interrogatory 3. Did you ever see the convent in the possession

of monks or friars, or used for any religious purpose whatever!

Answer. Never.

Interrogatory 4. What do you know about the old church or
bishop’s house?

Answer. The old church, or bishop’s house, stood on the lot im-

mediately south of the public square, and on the same lot which

now belongs to the P. Episcopal church; and it was then bounded,

as it now is, by .St. George’s street on the west, and was then used

as the lot of the old church. I have many and marty a time at-

tended mass, and the services of the church there. This old church

was two stories high. The services of the church were performed

up stairs, and the ‘‘sacristan” resided with his family below, and

resided there until the new church was built and completed*. It

belonged to the church, that is, the bishop owned the house and

lot.

Interrogatory 6. How do you know to whom the old church and
its lot belonged?

Answer. It was so understood at the time in St. Augustine. My
father and mother told me so frequently.

Interrogatory 6. State what.you know relative to the place called

our Lady of the Milk?

Answer. I remember it well; it was an old stone building, and

seemed from its character to have been expressly built for a church.

I have attended mass there when it was used as a church, and it

was called the church of our Lady of the Milk; it stood about one

quarter of a mile north of Fort St. Mark, on Milk creek, also called

Hospital creek, because this old church was sometimes used as a

hospital.

Interrogatory 7. Did you ever see monks or friars living there,

or any person belonging to the church?

Answer. No, I never did, that I remember; but it was a regular

Catholic church, with the altar and the oblata of the church; and

there were rooms suitable for the habitations of monks, if they did

live there.

Interrogatory 8. C^n you recall any circumstance, other than

what you state, going to show to whom this old church belonged?
Answer. No, I cannot; the hospital established in it was a pub-

lic one, used as well for private as for the patients of the govern-

ment. I always thought it was church property.

Interrogatory 9. Describe more particularly where it stood?

Answer. It stood on the lot now cultivated by Mr. Capo, on

Hospital creek, about a quarter of a mile north from the fort.

Interrogatory 10. Was all the land which Capo now cultivates on
Hospital creek attached to the church?

Answer. Capo cultivates about three acres; but whether it all,

or what portion of it, belonged to our Lady of the Milk, I do not

know; but I remember about an acre was fenced in about the

church.



107
[
21

]

Interrogatory 11. What became of this old church, and how has

the land you describe been occupied since and up to this timel

Answer. I do not know what became of the churchy but various

persons have since^occupied and cultivated the land.

Interrogatory 12. Who officiated, usually, in the mass and church
services when you attended our Lady of the Milkl

Answer. The priests of the St. Augustine church.

Interrogatory 13. What was real estate in St. Augustine worth

at the change of flag, and was it increased or decreased in value by

the change of flag?

Answer. I cannot say what the value of real estate was, but it

was increased in value by the change.

Interrogatory 14. Can you give any estimate of the condition

and value of<»the St. Francis barracks at the change of flag?

Answer. The barracks were in pretty good condition, but wanted

roofing; there were three buildings, built of stone; I do not know

their value, nor can I say anything about it; I am not acquainted

with such matters.

JUAN LEONARDY.

Subscribed and sworn to before me, at St. Augustine, 30th Sep-

tember, 1848.

S. R. MALLORY,
Arbitrator,

Testimony of Bartolo Pacetty.

Bartolo Pacetty, being duly sworn the truth to speak and true

answers make to all questions which may be propounded to him by

S. R. Mallary, arbitrator, touching the claims of the vicar general

of the Catholic church of Florida, and the wardens of the Catholic

church of St. Augustine, to the United States barracks and other

property in St. Augustine, thereupon deposes, and, in answer to

the interrogatories following, says, to wit:

Interrogatory 1. State your age, name, profession and residence?

Answer. My name is Bartolo Pacetty; I am a native of St. Au-
gustine, where I have always lived, and I am fifty-seven years old.

Interrogatory 2. Were you acquainted with St. Francis barracks
before the change of flag? If so, please state what you know rela-

tive to them, and, particularly, as to whether they were regarded

as crown property?

Answer. I have known the barracks since I was a boy; the gen-
eral report and received belief and understanding among the people

of St. Augustine always was that the barracks were church pro-

perty. At the change of flag, in 1821, three companies of Spanish

troops, two of black and one of mulatto troops, were stationed in

th'ein; there were then three buildings; the principal one, which is

the present barracks, was in general good condition, except the

roof; the frame of the roof, rafters, &c., were good, but the shin-

gles w-ere decayed. The second building was of stone, one' story
high, very high, and was used as a-kitchen; it was a very large



I

108
,[
21

]

building, occupying more than one>third, north and south, of the

depth of the lot, bounded on the west by Charlotte street. -The

third building, also of stone, was on the south side of the lot, had

stone arches in front, and was used for the ordnance and for pri-

sons. The walls and stone work of these two buildings were

Spanish work, and very strong and in good condition, but the woo'd

work was in decay.

Interrogatory 3. Did the United States troops occupy these bar-

racks before they were repaired, or were they tenantable for troops

or any other military purpose?

Answer. I do not know whether'the American troops went into
them or not at once; but they might have been occupied by them

temporarily, and were in sufficient repair to be so.

Interrogatory 4. State your
,

knowledge of the old church of St.

Augustine, where it stood, the size of its lot, and wh6 owned it?

Answer. I remeraber the old church well; before our present

church was built, the old church, which was also called the bishop’s

bouse, stood upon the lot now occupied by the Protestant EfJiscopal
church in St. Augustine, and, after the change of flag, the founda-

tion of the old church stood there, and the lot of the old church

was the one now known as the Protestant Episcopal church lot;

it was always regarded as church property. After the change of

flag'this lot';remained open and unenclosed.

Interrogator^^ 5. Do you know anything of the origin of the pre-

sent Catholic church of St. Augustine? '

Answer. Yes; the present church was built by the general con-

tributions of the inhabitants; those who were able gave money,

others worked upon it gratuitously, and others contributed poultry,

which were sold to the hospital, and the proceeds paid towards the

building of the church; at that time each fowl was valued at one

dollar. The church was not entirely completed' in this manner;

, money was sent from Havana to aid in its completion, but whether

contributed by the crown or the bishop I do not know.

Interrogatory 6. According to your, knowledge of the value of

property in St. Augustine at the change of flag, what do you think

the barracks and the lot of the old church would have sold for, in

open market, for cash, after due and proper notice?

Answer. I suppose that the barracks would have sold for ten or

twelve thousand and the said lot for about one thousand dollars.

Interrogatory 7. Was real estate increased or decreased in value,
in St. Augustine, by change of flag?

Answer. Very much increased; it brought speculators and stran-

gers here to purchase property.

Interrogatory 8. What was the usual annual rent of ag ordinary

'dwelling house in St. Augustine at the change of flag?

Answer. About one hundred and fifty dollars per annum.

Interrogatory 9. What profit, as a general rule, has real estate

paid on the investment in St. Augustine since the change of flag?

Answer. At tfie change of flag, and for five or six years subse-

quent, real estate in St. Augustine paid on its value about sixteen

per cent. Then"property fell greatly in value; afterwards, during



109
[
21

]

the existence of the Florida war, real estate and ren^ts were very

high, and continued so throughout the war; rents were very high^,

and generally amounted to about sixteen per cent, bf the value of

the houses rented.

Interrogatory 10. What is the present value of real estate in St.
Augustine?

Answer. Very low, indeed—lower than it has ever been; property
which ten years ago would .have sold for one thousand dollars,,

would not now command four hundred.

his

BARTOLO + PACETTY, Sr.'
mark.

Subscribed and* sworn to before me, at St. Augustine, this 27th’

September, 1848.

S. R. MALLORY,
Arbitrator..

Testimony of James Arnan.

James Arnan, being duly sworn the truth- to speak and true

answers make to all questions which may be propounded to him by
S. R. Mallory, arbitrator, touching the claims of the vicar general

of the Catholic church of Florida, and the wardens of the Catholic

church of St. Augustine, to the United States barracks and other

property in St. Augustine, thereupon deposes, and, in answer to

the interrogatories following, says, to wit:

Interrogatory 1. State your name, age, profession, and resir-

deace?

Answer. I am a native of East Florida, ’and have always lived
in St. Augustine; I£am seventy-two years of age; I have been a
pilot and a farmer, and my name is James Arnan.

Interrogatory 2. State your knowledge of the old Catholic

church of St. Augustine?

Answer. The old church, before the present one was built, stood

on the lot at present occupied by the P. Episcopal church, and the

lot of the old church was the same as that now belonging to the
'Protestant church.

Interrogatory 3. To whom did the old church and its lotbelong?
Answer. I cannbt say positively; but the general report, belief,

and understanding, among the people of St. Augustine, was that

they were the property of the church.

interrogatory 4. In what manner, and by whom, was the new
church of St. Augustine built?

Answer. Before it was begun. Father O’Reilly, the principal

priest, went around among the people, persuading them to build a
new church. I was then a young man. The people agreed to do
so, and the church was then commenced; all those of the people

who were able, contributed money to build it; others gave their
labor, and my lather, with others, contributed poultry, which was-



110
[
21

]

sold to the hospital, and the proceeds went towards building the

church. , The people did not complete it. Father O^Reilly sent to

'Havana and got money, as I understood, by a collection, where-

with to complete it. ,

Interrogatory 5. State what you know of the church of our Lady

of the Milk?

Answer. When I was a boy, I was inside the old house called
the church oLour Lady of the Milk. It was abandoned, and stood

about six hundred yards north of the fort, on the creek_called Milk

creek. When the present St. Augustine church was built, Father
O’Reilly caused the walls of our Lady of the Milk to be demol-

ished, and the stone thereof to be carried away and used in build-

ing the new church. The lot is still called after the old church

among the old people, and it was always understood among the

people that it was church property.

his

JAMES -F ARNAN.
mark.

Subscribed and sworn to before me, at St. Augustine, this 27th

September, 1848.

S. R. MALLORY, Arbitrator,

Testimony of John Andreo.

John Andreo, being duly sworn the truth to speak and true an-

swers make to all questions which may be propounded to him touch-

ing th^ claims of the vicar general of FloridaJ'and the wardens of

the Catholic church of St. Augustine, to the United States bar-

racks and other property in St. AugustinCj thereupon deposes,

and, in answer to the interrogatories following, says, to wit:

Interrogatory 1. What is your name, age, residence, and occupa-
tion ?

” *

Answer. My name is John Andreoj I am a native of St. Augus-
tine, where I have lived all my life; I am sixty-six years of age,
and am a pilot and fisherman.

Interrogatory 2. State your knowledge of the old church of St.

Augustine, where it stood, to whom it belonged, and how it was
supported 1 '

,

Answer. The old church stood south of the public square, on the

lot where the Episcopal church now stands, and I'suppose it must

have belonged to the king, but I don’t know. The king sup-

ported it.

Interrogatory 3. State what you know about the origin of the
new or present church of St. Augustine?

Answer. Of my own knowledge, I can say nothing. My father,
who is dead, has frequently told me, as have others, that it was
built by the contributions of the people at large.



Ill [ 21 ]

Interrogatory 4. State what you know about the church of our

Lady of the Milk 1

Answer. I know nothing.
his

JOHN + ANDREO.
mark.

Subscribed and sworn to before rae, at St. Augustine, this 27th

September, 1848.

S. R. MALLORY, Arbitrator,

Testimony of Joseph Manucy,

Joseph Man^ucy, being duly sworn the truth to speak and true

answers make to such questions as may be propounded to him by

S. R. Mallory, arbitrator, touching the claims of the vicar general

of the Catholic church of Florida, and the wardens of the Catholic

church of St. Augustine, to the United States barracks and other

property irf St. Augustine, Florida, thereupon deposes, and, to the

interrogatories following, says, to wit:

Interrogatory 1. What is your name, age, residence, and pro-
fession!

Answer. My name is Joseph Manucy; I am a native of St.
Augustine, where I have lived always; I am fifty-six years old, and

am a farmer.
Interrogatory 2. Have you any knowledge of the barracks in

St. Augustine; if so, state it; and state what was the general

belief among the inhabitants as to the ownership of them before

the change of flag,, and their condition and character when de-

livered to the United States!

Answer. Previous to the change of flag, I was a drummer in the

Spanish army at St. Augustine, and stationed, much against my
will, at St. Francis’s barracks. I always heard, about St. Augus-

tine, among the people, that the barracks belonged to the church;

but that the Spanish government of St. Augustine, which was very

despotic, had taken it for its troops. The large building, or the

barracks proper, was, at the change of flag, the same that it is

now, with the exception of some repairs, since put on by the

United States. It accommodated, generally, five companies of

Spanish troops. There were two other large stone buildings, for

kitchens, bakery, calaboose, ordnance, &c. All* the wood work of

these buildings was generally decayed, but the walls and all stone

work was first rate.

Interro'gatory 3. What do you know about the old church or

bishop’s house!

Answer. The old church or bishop’s house stood on the lot now
occupied by the P. Episcopal church, and my mother has fre-
quently led me there by the hand, when a child, to mass. I sup-



[
21 ] 112

posed, from the general understanding that prevailed, that it be-

longed to the church.

Interrogatory 4. What was the origin of the new or present
church?

Answer. The people built this church by general contribution,

every one paying what he was able; and the prisoners in St.

Augustine were also made to work on it.

Interrogatory 5. State what*was the usual rent of an ordinary

dwelling house in St. Augustine during and throughout the Indian

war, and what per centage such property paid on its value?

Answer. I owned three dwellings in St. Augustine during the

war; one rented for forty and the other two for fifteen dollars per

month each. Such property paid, during the war, about from

twenty to thirty-five per centum per annum on its value or cost.

his

JOSEPH MANUCY.
mark.

Subscribed and sworn to before me, at St. Augustine, Septem-

ber 27, 1848.

S. R MALLORY, Arbitrator

.

^ Testimony of Andreas Pappy

t

Andreas Pappy, being duly sworn the truth to speak and true
answers make to ail questions which maybe propounded to him by
S. R. Mallory, arbitrator, touching the claims of the vicar general

of the Catholic church of Florida, and the wardens of the Catholio

church of St. Augustine, to the United States barracks, and other

property in St. Augustine, thereupon deposes, and in answer to the

interrogatories following, says, to wit:

Interrogatory 1. State your name, age, residence, and professioif^

Answer. My name is Andreas Pappy; I was born in St. Augus-
tine, and had always lived here, and am a farmer.

Interrogatory 2. State what you know relative to the present
United States barracks, their orfgin, occupation &c., before 1821?

Answer. Of my own knowledge I know nothing. What I know
on this subject has been derived from conversations with the old

people of St. Augustine, and particularly with Mr. Jeronimo Al-
varez. This gentleman came to St. Augustine with the Spaniards
in 1784, and afterwards occupied various official stations, such as a
magistrate, officer of the militia, &c.; and he was the builder of
the constitutional monument now in the public square of St. Au-
gustine. He was always esteemed a«^an of great integrity and
worth, and retained the full use of all his faculties up toi;he time

of his death, which took place about two years ago, at the age of
about ninety-one years. Before his death I had occasion to con-

verse with him particularly upon the subject embraced by the ques-
tion now’ submitted to me, and to make of him many inquiries
about it. And I wdll state the general information conveyed to*



113
[ 21 ]

\

me by him. In answer to my particular question, whether he had
ever known the present barracks in St. Augustine as a convent, he
replied that he had. That after he came to Florida, in 1784, the

Spanish troops at once took possession of the barracks which the

English had built and occupied, and that the present United States

barracks were then called the convent of St. Francis, and were oc-

cupied by monks or Capuchin friars. He then described their ap-
pearance, as dressed like monks, having long beards, &c.; and I

have heard the same facts for years in this city of St. Augustine,

as coming from the old people; and I believe that the statement

made by Mr. Alvarez and above recited has always been currently

believed and received among the people of St. Augustine.

Interrogatory 3. State what was the value of real estate in St.

Augustine, what per centage it paid upon its cost or value, what

the rent of ordinary dwellings in St. Augustine in 18211

Answer. I was married in St. Augustine in the month that the

Americans took possession in 1821, and went to house keeping. I

paid six dollars a month for a very little house, a mere shed, which

I would not live in now if they were to give it to me. All real
estate was increased in value greatly, by the change of flag. This

is all I can say about the value of real estate.

Interrogatory 4. What was the character
j
condition^ and value

of the barracks in St. Augustine in 1821, and of each particular

part of them?

Answer. When the St. Francis barracks were delivered to the
Americans in 1821, there were three buildings of stone composing

them, which buildings the Spanish troops, black troops, I believe,

occupied at the time the transfer to the Americans took place. I

do not know in what particular condition they were, only that the

troops did occupy them until the Americans came. The present

barracks, with the repairs put on by the United States, are those I

speak of. As to the value of the buildings in 1821, or of either of

them, I can say nothing.

-Interrogatory 5. What would so much land and such buildings,,

collectively or separately, have sold for in open market for cash,

after due and proper notice in 18211

Answer. I can give no idea.

ANDREAS PAPPY.

Subscribed and sworn to before me, at St. Augustine, this 30th

September, 1848.

, S. R. MALLORY,
Arbitrator,

Testimony of Ramon Rogero,

Ramon Rogero being duly sworn the truth to speak, and true
answer make to all questions which may be propounded to him by
S. R. Mallory, arbitrator, touching the claims of the vicar general

of the Catholic church of Florida, and the wardens of the Catholic



114
[ 21 ]

church of St. Augustine, to the United States barracks and other

property in St. Augustine, thereupon deposes, and, in answer to

the interrogatories following, says, to wit:

Interrogatory 1. What is your age, residence, name, and profes-

sion 1

Answer. My name is Ramon Rogeroj I am a native of St. Augus-
tine, where I have ever lived; am sixty-three years old; no particu-

lar profession.

Interrogatory 2. State what you know relative to the old church

of St. Augustine, where it stood, &c.'?

Answer. The old church stood on the present Episcopal church

lot, before'the present Catholic church was built, and I remember

it distinctly, and have frequently attended mass there when'a boy,

the lot on which it stood is the same in all respects as the present

lot of the P. Episcopal church.

Interrogatory 3. How was the present Catholic church of St.
Augustine builtl

Answer. The church was built by the people generally. Those

•who were able contributed money, and others -gave their labor, ea-ch

according to his means. It was not wholly built thus, but the pas-

tor obtained money from Havana to complete it; whether from the

crown or bishop I know not.

RAMON ROGERO.

Subscribed and sworn to before me, at St. Augustine, this 2'T^th

September, 1848.

S. R. MALLORY,
Arbitrator

,

Testimony of Jane Rodriguez.

Jane Rodriguez be^ng duly sworn the truth to speak, and true

answers make to such questions as may be propounded by S. R.

Mallory, arbitrator, touching the claims of the vicar general of the

Catholic Church of Florida, and the wardens of the Catholic church

of St. Augustine, to the United States barracks and other property

in the city of St. Augustine, thereupon deposes, and in answers to

the interrogatories following, answers, to wit:

Interrogatory 1. What is your name, age, and residence*?
Answer. My name is Jane Rodriguez; I am a native of East

Florida, and have lived here in St. Augustine, always; and I am
seventy-two years old.

Interrogatory 2. What do you know about the place called our
Lady of the Milki

Answer. I have been*, when a young girl, in the old building

called the church of our Lady of the Milk, which stood north of

Fort St. Mark about six hundred _yards, and there I have seen an
altar, and a statue of the Blessed virgin.

Interrogatory 3. Do you'know anything more about it?
Answer. No.

JUANA RODRIGUEZ.



115
[ 21 ]

Subscribed and sworn to^before ^le, at St. Augustine, the 4th of

October, 1848.
'

S. R. MALLORY,
Arbitrator.

The deposition of Colonel Harvey Browuj U, S. A.

Harvey Brown, brevet lieutenant colonel, United States army,,

being duly sworn, deposed and says:

J was at St. Augustine, East Florida, about two months after

the change of flag, and was quartermaster of the American troops ^

there, and saw and examined the barracks, commonly known' as

the Convent of St. Frances.

All the public property, excepting the parochial church and the

court-house, was turned over to me by Captain Bell, 4th artillery,

or another officer; and among the property thus tranferred was

the convent in queston, with the condition of which I made myself

acquainted. This building was in the form of the letter H, there

being a centre structure with two ends, and the material was the

concrete stone of St. Augustine or Anastatia island. The walls, of «
it were standing and good, the rafters and plates were sound, and

were used in its subsequent repair, but the shingles were entirely

worthless. The main building had neither doors nor windows re-

maining; the south wing was in much the same condition, and the

north wing was a little better. The floors below were of concrete,

the floors above were of wood and very much decayed. The only

part of it which co4ild give any shelter to the American troops

was the north wing below, before it was repaired, and this was un-

fit for the purpose. On the south side was a row of cells, th6
walls of which, about fifteen feet high, built like those of the con-

vent, were standing and good, but the roof of tabia had fallen in.

About a hal/ an acre of ground was^ thus enclosed as a barrack

yard by the walls of the convent, that of the row of cells and a

stone wall which joined them. I considered the buildings of no

value except for the materials of which they were composed, viz:

the storie walls, and the rafters, and plates.

Property was of but little value in St. Augustine at that time.

I was familiar with this subject. Some officers of the army pur-

chased property there of which I was cognizant. The greatest

value of the convent, including the land and every thing on it,

could not have exceeded three thousand dollars.

Interrogatory. What do you think, from your knowledge of St.

Augustine at that time, the price of real estate and property geneT

rally, rents of houses, and amount of capital afloat, the said bar-

racks or convent, land included, would have sold for at public

outcry, after fair notice, for cash'?

Answer. I do not believe that it would have sold for fifteen

hundred dollars; and when I say that the value could not have



116
[
21 ]

exceeded three thousand dollars, I have reference alone to the

value that appraisers should have affixed to It bad it been pur-

chased by the United States. An orange grove in the town, witb

a dwelling-house on it, which I would have preferred, in value, to

the convent, sold at that time for seven hundered dollars, or there-

abouts. I will add, that the inhabitants of the ceded provinces who

possessed property in St. Augustine, as they were going to Cuba,,

seemed anxious to dispose of it.

I repaired these barracks in 1822 and 1823, for the United States.

I added no new buildings, and placed no repairs on them but such

as were required, and they were made with the greatest economy

that the case admitted of, and the cost was about twenty-

thousand dollars. They were subsequently again prepared by the

United States. I do not consider, however, that the cupola was

absolutely necessary, and perhaps one might have been dispensed'

with or erected at something less than its actual cost.

HARVEY BROWN,
Lieutenant Colonel U. S. army.

Subscribed and sworn to before me, at Washington, this 21st of

December, A. D. 1848.

S. R. MALLORY, Arbitrator, *

San Augustin de la Florida, Beciemlre 20, de 1797.

Cerciorado ya de que por parte de la Rl. hacienda, se intenta dar

destino a la casa en cuyo alto, por falta de Iglesia, se ha celebrado

los divinos oficios, desde mediados del ano de ochenta y quatro,

ha5ta el dia echo del corriente, en que se traslado con universal

jubilo el sagrario, a la nueva parroquial aun no concluida. Y como
quiera que dho edificio es de la clase de vienes cuya devolucion a

sus duenos, previene la Rl. orden de 18 de Marzo, de 1791, derifida

al Sor. Intehdente de exto y Rl. hacienda de la ciudad de la Ha-

vana (de la que accompano copia simple) por la donacion de unas^

casas que enter vivos, hizo el Ber. Don Alonzo Leturiundo, cura y
vico. eccl. que fue de esta dha Yglesia, a la purisima concepcion y
a los curas propietarios que le sucedieran, para que sin salir de

ellas, aposentaren a los Sres. Ylustrisimos y sus familias, quando

viniesen a la santa vinta, segun la escriptura que otorgo en el ano

de mil seiscientos noventa y uno y bajo la condicion que habian de

hacer y costear una fiesta solemnisima a dha purisima concepcion,

en su dia; cuya obra pia hizo poner en efecto el Illmo. y Revmo.

Sor. Don Fr. Buenaventura Texada y Velasco, dignisimo obispo

de Tricale auxiliar de Cuba por un auto que proveyo en 2 de Oc-

tubre, de 1737, dando providencia para el legal conocimiento de

esta donacion, y vendiendo S. S. Y. a la Rl. hacienda las paredes

de las casas doTiadas, para que se fabricase en ellas la Yglesia par-

roquial, en precio de quatro mil pesos, con los quales fundo dha

obra pia, para cuya conclusion tubo que suplir de sus-ventas coma
mil y seiscientos pesos, como mas por menor ha de constar de los



in [21 J

autos del asunto, que deben existir con los demas papeles del ar-

ohivo eccel. de esta Florida, en las curia episcopal de la Havana,

por haverse trailadado a ella al tiempo de la evacuacion de esta

provincia por la entrega que de ella hizo la corona de Espana, a la

de la Gran Bretana. Por tanto en uso del derecho que me auste,

en mi nombre, el de mis sucesores y demas internados protexto una

dos y tres veces y todas las mas que puedo y devo, contra qualqui-

era inovacion que por parte de dha Rl. hacienda quiera executarse

en dho edificio, por no pertenecerte en manera alguna, como obra

pia que es, por los motivos anunciados y ulteriores fundamentos

^ue se daran en su oportunidad, luego que vengan los documentos

citados, y demas que correspondan al asunto, que tengo reclama-

dos, de donde debera resultar la puticia y derecho de esta exposi-

cion y reclamo que hago en debiJa forma.

Dios guarde a V. S. muihos anos.

MIGUEL O’REILLY.
Senor Don Enrique White.

St. Augustine, October 18, 1848.

I certify the foregoing to be a true copy of an original letter

from the curate of the Roman Catholic church of St. Augustine to

the governor of East Florida, on file in the office of the public ar-

cnives.

ANTONIO ALVAREZ,
In charge of the public archives.

[Translation.]

Father O^Reilly to Governor White.

Saint Augustine of Florida, -

December 20, 1797.

I am informed that the royal treasury designs to dispose of the

house in whose upper story, for the want of a church, divine ser-

vice has been performed from the middle of the year eighty-four,

till the eighth uf the present month, on which day the holy sacra-

ment was transferred, amid universal rejoicing, to the parochial

church, though not yet completed; and, as this edifice belongs to

that class of property which reverts to its owner, as per the royal

order of the 18th of March, 1791, directed to the Intendent of the

royal treasury at Havana, (an uncertified copy of which is herewith

enclosed,) coming, as it does, by a donation of certain ‘houses,

made by the Rev. Alonzo Leturiundo, who was curate and vicar of

.said church, to the purest conception, and to the curates who

might succeed him, upon the condition that, without leavingjthem,

they should receive the most illustrious bishops and their families

when they should come on a holy visit, (as per his deed of 1691,)
and that they should likewise make and defray the expense of a

feast in solemnization of the conception of the Virgin on the day



118
[ 21 ]

of the said feast. This pious work was carried into effect by the

Right Rev. Fr. Buenaventura Texada and Velasco, worthy bishop

of Tricall, assistant of Cuba, by an act dated the 2d of October,

1'737. By this act he provided for the legal recognition of this

gift, and sold to the royal estate the walls of the said houses for

the sum of $4,000, in order to build the parochial church in their

place; and with this he founded this pious work, to hnish which, he

had to give about $1600 of his own income, more or less, which

may be seen in the Episcopal church of Havana, with the other ar-
chives of Florida, transferred there when the province was turned

over to the British crown.

Hence, as far as the right which I have in my own name, in the
names of my successors and others interested, I hereby protest,
once, twice, and three times—and as many more as I can and
ought to protest, against any innovation which the royal estate may

design to make upon that building, the same not belonging to it in

any manner or form whafever, it being, from its foundation, a pious

work, according to the reasons already given in time when the

documents alluded to can be cited, as well as others which I have

applied for. From these the justice and right of this exposition

will appear, and I ask that this be done in due form. May God
preserve you many years.

- MIGUEL O’REILLY.
Enriq¥E White.

San Augustin de la Florida, 2 de EnerOy de 1798.

Para contestar el oficio de protestas de V. su ha 20 del corri-

ente^ que solo recibe en 30 me he instruido que la casa en cuyo

alto se han celebrado los divinos oficios por defecto de Iglesia

hasta que se concluyo en lo substancial a expensas de S. M'. la que

actualmente sirve de parroquia ha dependido spre de la Rl. haci-

enda desde que_ las armas Britanicas evacuaron esta ciudad y en

prova. y las de uno soberano tomaron posecion de ella.

A mas de esto inquieriendo el titulo con que aquel edificio paso a
la Rl. hazda. se me ha asegurado que consistiendo antiguamfentc'en

quatro paredes viejas fue construido y aumentado por aquella na-

cion, y que abandonandolo vino a recaer en S. M. consequenti a los

tratados que mediaron entre ambas coronas por cuyo motivo con

conocimiento y anuencia de dha Rl. hazda. se destino su alto a

aquel piadoso objeto y sus vajos a almacenes de harina del rey

carzel ^provisional y vivak.

Vaxo de este concepto si V. intenta justificar que es de la clase

de aquelles que habla la Rl. orn de 18 de Marzo, 1791, si obra Rl.

dispo^asion que veru en la materia espero que lo ha de egecutar

por el7om. debido para que con audiencia del que fuese parte legi-

tima pueda yo administrar justa., desalojandolo entretanto pues

queda la Rl. hacienda con el advitrio de ocuparlo quanto antes en

servicio de S. Senor mayormte interesandose en el desempeno de



119
[
21

]

sus Rs. Caxas y con ello evita otros gastos que puede ahorrar en

su beneficio.

Dios guarde a Vend, mucbos anos.

Senor Don Miguel O’Reilly.

St. Augustine, October 18, 1848.

I certify the foregoing to be a true copy of the original draft

of a letter from the governor of East Florida to the curate of the

Roman Catholic church of St. Augustine, on file in^he office of the
public archives.

ANTONIO ALVAREZ,
In charge of the public archives^.

St. Augustine, January 2, 1798^.

To reply to your official protest of the 20th instant, which I only

received on the 30th, I am informed that the house in whose upper

story divine services were celebrated for want of a church, until the

parochial church was completed at the expense of his Afajesty, has-

accrued to the royal estate since the arms of Great Britain aban-

doned, and that of our sovereign took possession of that city and

province.

Furthermore, upon enquiring into the title with which this edi-

fice passed to the roygtl estate, I have been assured that, anciently,

it consisted of four old walls, which were improved and augmented

by that nation, and when they abandoned, it again came to thepos-

session of his Majesty, in accordance with the treaties between the

two crowns, and then, with the knowledge and consent of the royal

estate, the upper story was destined to this pious object, and the

lower story to flour stores for the king, a provisional prison and

barrack. Under this conception, if you intend to justify that it is

of that character which is spoken of in the royal order of March

18, 1791, or other royal disposition which is to be seen relative to

the matter, I hope you will proceed with due order, that the legi-

timate owner being shown, I may do justice in the premises. It

will, in the mean time, remain as it was before, with the royal es-

tate, in the service of the officer charged with the houses of the king,

by which expenses will be avoided, which may result to its benefit.y'

May God preserve you many years.

[Copia.]

Madrid, 18 de Marzo, de 1791.

For la carta de V. S. de 27 de Noviembre proxo., parado No.

64, se ha enterado el rey de lo que V. S. informa sobre las instancias

de Donna LuciaEscalona, Donna Maria de los Angeles Florencia, y
otros familias originarias de la Florida, solicitanto la continuacioa



120121 ]

<3e las limosnas que le senalaron; y examinados los medios que V.

S. propone para lograr el fopoento de aquella provincia, se ha dig-

nado S. M. aprovarlos en'todas sus 'partes, en inteligencia que.los

auxilios que deben facilitare para las fabricas^ de las casas que se

hallan derribadas, y qualquiera gasto que ocurra, debera perfixarse

con presente acuerdo de la junta de Rl. hacienda, y dar cuanta a

S. M. para que recaiga su Rl. aprovacion,y deben restituirse a los
duenos propietarios las haciendas que posehian antes de su salida

de aquella provincia, perb si huviesen pasado a otro dueno en vir-

tud de concesion de aquel gobierno, autorizado por S. M. se apli-

cara y distribujra a las familias en terreno libre lo correspondiente

a la accion que tenian de lo que antes les era propio, segun el ob-

jeto de lo propuesto por V. S. en el particular.

De todo me ha mandado S. M. instruya al virrey de Nueva Es-

pana para que proporcione los medios convenientes a que se veri-

fique cuanto V. S, propone. Y de su Rl. orden lo prevengo a V.
S. para su inteligencia y cumplimiento.

Dios guarde a V. E. muchas anos. Lerena Sor. Yntendte. de

Extq. de la Isla de Cuba.

Havana, 12 de Septiemhrej de 1791.

Decreto.—Respectb a que esta Rl. orden se ha transcrito al
exmo. Sor. goberor. y capitan gral, con el objeto de tratar en junta

el modo y forma con que se debe hacerse entender la resolucion

soberana^a las familias Floridanas con lo demas que se porque ne-

cesario en el asunto, pase a la contada. prat, de exto. con copia de

mi representacion para que conste y se archive, dirigiendo copia

certificada de todo al tribunal de cuentas, y a la Secretaria de solo

la orden. Hernani.

St. Augustine, Ocioher 18, 1848.

I certify the foregoing to be a true copy of a document on file

in the office of the public archives of East Florida.

ANTONIO ALVAREZ,
In charge of public archives.

[Copy.]

.
Madrid, March 18, 1791.

By your letter of the 27th of November last. No. 64, the king

has been informed of the petition of Mrs. Lucia Escalona, Mrs.

Maria de los Angeles Florencia, and other native families of Flori-

da, soliciting the continuation of the allowance which they re-

ceived; and having examined the measures which you propose for

the relief of that province, his majesty has deigned to approve

them in toto, with the understanding that the aid is given to facil-

tate the building of the houses which have been ruined, and what-

ever expense may be incurred, must, with this document, be sent



121
[ 21 ]

to the counsel of the royal estate, and an account must be given to

his majesty in order to obtain his royal approbation, and to the

proprietors must be restored the eslates which they possessed be-

fore leaving that province; but if they shall have passed into any

other hands by virtue of a concession of that government, (the

British,) authorized by his majesty, there must be applied and dis-

tributed to such families an equal tract of public land as proposed

in your letter. His majesty has commanded me to direct the vice-

roy of New Spain to assign the means to execute what you pro-
pose; and of his royal order I inform you, that you may under-

stand and comply ^ith it.

God preserve you many years.
LERENA.

Senior Military Intendente

Of the. island of Cuba.

Decree.

Havana, September 12, 1791.

Respecting this royal order, it has been transcribed to his excel-

lency the governor and captain general, with the object to inform

him in what manner and form must be made the sovereign will to

the families of Florida, with the balance which will be necessary

for this business. Pass it to the military treasurer, with a copy of

my representation, that it may be authenticated and recorded
in the archives; directing a certified copy of all to the tribunal of

accounts, and the order only to the secretary.

Note by Arbitrator,

Juan de Quesada, governor of East Florida, on the 19th of Au-

gust, 179Q, issued an order that certain houses and lands in St. Au-

gustine whicJi had become the property of the king by the retro-

cession of the province, should be sold at auction; because the

tenements were going to ruin. Some of the houses, and amongst

them “ the bishop^s house , he reserved for public use. The sale

took place at St. Augustine, on the 8th of April, 1791, ‘‘John

Jose,’’ a negro slave, being used as the auctioneer; and the follow-

ing were purchasers, the houses being all numbered. Many of
these crown lots were, however, also reserved; the citizens having

built on them.

No. 15; House and lot sold to Rafael Deas, for. .... $470 00

No. 21: “ “ Don Miguel Sevallos,
representing Capt. Don Sebastian Crea 550 00

No. 32; House and lot sold to Don Mateo Guadarama 740 00
No. 38; “ “ the adjutant of the

place, Don Jose Fernandez 860 00
No. 45; House and lot sold to Rumualdo Micklaffer-

rms 810 00



122[ 21 ]

No. 66: House and lot sold to Don Bernardo Segui. $560 00
No. 77: Manuel Mareschal... 345 00
No. 80: ‘‘ Diego Carreras 196 05

No. 89: ^ Captain Don Carlos
Howard 650 00

No*. 104: House and lot sold to Juan Sanches,. 300 00
No. 112: Don Miguel Hesnardi 620 00
No. 117: Juan Bautista Ferreira 100 00
No. 124: Walls of this house with lot, Bernardo Segui 252 00
No. 125: House and lot sold to Don Fadeo de Arribas,

attorney for Donna Isabela Perpall . 1,513 00
No. 127: House and lot sold to Pedro Trihay 312 02
No. 138: Juan Fasten 300 00
No. 174: Raphael Espinosa ... . 450 00

No. 188: ‘‘ " Antonio Llambias ... . 605 00

No. 192; Geronimo Alvarez... 400 00

No. 196: << Antonio Palena 320 00

No. 222: Geronimo Alvarez... 610 00

No. 225: “ Antonio Maestre 200 00

No. 227: Pedro Cocefacio 955 00

No. 234: Lot only. Sold to Juan Hernandez - 230 00

No. 250: House and lot sold to Antonio Mirandez ... . 502 00

No. 253: Mateo Guadarama, at-

torney for John Rodriguez .... 400 00
No. 254: Lot only. Sold to M. Fernandez Bendichio 300 00
No. 255: House and lot sold to Nicolas Rodriguez. .. 358 06
Lastly, a house of wood, in the late plantation of Don-

na Isabella Perpall, to Bernardo Segui . 330 00

Total sales $14,248 05

The purchasers gave security to repair the houses in one year,
and to pay five per cent, per annum interest, on the amount of their
purchases.

These sales were all confirmed by the king on the 17th of June,

1801, and deeds were ordered to be given to the purchasers and

their securities cancelled.

Argument of the Very Rev, B, MadeorCj vicar general of Florida^

and pastor of St. Augustine^s churchy in conformity with a joint

resolution passed by Congress during the last session, and ap-

proved by the President, August 11, 1848, respecting certain pro-

perty belonging to the Catholic church, but now occupied by the

United States.

On the cession of Florida, in 1841, the Spanish officers delivered,

by oversight, to the commissioners of this republic, the property

of St. Augustine’s church, with the property of the crown, under

the common name of public property. That it was not intended,



123 [ 21 ]

it is evident from the treaty itself by which Florida was ceded to

this union. The second and fifth articles show clearly the inten-

tion of the two high .contractants; in the former, we read the

names of the places to be transferred, and in the latter, we find ^
special reserve ef church property. But whatever may be the

cause for which the church was deprived, she cannot be forever

bereaved of her property. The Spanish government had no right

to take it from her; she holds property altogether independent of

4he civil power. The United States have, therefore, no title to it,

as we will see hereafter.

The historians, both of Christianity and of the Roman em-

pire, witness to the fact that our forefathers held, from the time of

the apostles, places consecrated to the performance of the Chris-

tian religion. It is true, during three hundred years, the pagans

robbed and destroyed them; but in the beginning of the fourth

century, Constantine converted himself to the religion of Jesus

Christ, and, in 3^12, he gav« an edict to force the pagans to restore

to the Christians their houses of prayer, as their own property dif-

ferent from the public domain. With his mother, St. Helena, he

built many splendid churches, and endowed them richly, leaving

to the clergy the care of the temporal, as well as the spiritual,

concerns of religion. This edict is the ground work of the canon

law, which is composed of th^ decrees of the councils, in matters

of discipline, and of the decisions of the popes.

To believe that the canon law is the production of a mere eccle-

siastic authority, would argue a very light acquaintance with the

customs of our ancestors; for we all know that the city selected
for a general council was a place of rendezvous for the temporal

ruler| of those times, in order that after the definitions of faith,

they might in conjunction 'with the fathers frame laws for the

Christian republic; as we see in almost every instance, but, per-

haps, more particularly in the council of Lateran, under Leo X.,

where we read of ten crowned heads, either personally present

or represented by their ambassadors and the council of Clermont,

(France,) held in 1095, has been deemed worthy of the name of a

general convention of Christendom, from the number of bishops,

prelates, princes, dukes, generals, and of other distinguished per-

sonages who composed it. Hence, their regulations have for Catho-
lic countries the force that the decisions of Congress have for the

States and citizens of this Union.

There, as here, the rights of temporal power and the privileges

of the church are authoritatively defined, and the line of demarca-'

tion between the civil and ecclesiastic clearly drawn. Church

property can be forfeited neither by spoliation nor by prescription;

and if the princes encroach on the privileges of the bishops, the

pope can compel them to 'restitution, according to the canon law

as set forth in the following councils: Aurelian 3, canon 17; Au-

relian 5, cap. 13; Triburien 1, cap. 7; Turon 4, cap. 25; Magun-

tien under Leo IV., cap. 6 and 11; Aquisgran under Stephen Y.^

cap. 88; Lateran under Leo X., and renewed by the fathers of

Trent, in 1545, sess. 22, cap. 11. If any man, whatever may be



134
[ 21 ]

his dignity, should he be an emperor or a king, has usurped property

or rights belonging to the church or to pious purposes, or has de-

terred the fruits thereof unto his own use, l.et him be under anathe-
ma till he will have restored to the church and have obtained the
absolution from the Roman pontif.

It is on this law that are grounded all the concordates between

the civil and ecclesiastic powers; when the former had encroached

on the rights of the latter, the pope obliged him to restore either

the object itself or an equivalent; hence the origin of the support

given to Catholic clergy in some parts of Europe, as in France;

for the church property sold during the revolution of 1793, the

government of 1801 agreed with the Pope Pius VII. to pay yearly

a certain amount of money to the church, and Napoleon complied

first with this concordate in 1802.

To this general law of the church the king of Spain was subject

as every other Catholic prince, and the title of the protector of the

church, which the popes gave to him, bestows upon him limited

privileges, and imposes considerable obligations, above all in re-

gard to his possessions in the new world. For it is to be remem-

bered that this title was intended to secure more and more, and not

to destroy the rights of that church which granted to him the per-

mission to conquer America; a permission which he accepted with

gratitude, for at that time it was thought that the Holy See

could dispose of all the countries possessed by infidels, and there-

fore, Clement VI. erected into a kingdom the Canary or Fortu-

nate islands, in the year 1344, and conferred it on Louis de la Cer-

da, descendant from the royal family of Castille,’’ (History of

America, by William Robertson; book 1, p, 51.)

In 1438, Henry of Portugal, under the same impression and for

the same motives, received at the hands of the pope, Eugenius

IV., a privilege, the purpose and the conditions of which are ex-

plained in the following quotation from the same historian. Ibid,

p. 66.

“He besought the holy father, to whom, as the vicar of Christ,
all kingdoms are subject, to confer on the crown of Portugal a right

to all the countries possessed by infidels, which should be discover-

ed by the industry of its subjects and subdued by the fojce of its

arms; he promised that, in all their expeditions, it should be the

object of his countrymen to spread the knowledge of the Christian

religion, to establish the authority of the Holy See, and to increase

the flock of the universal pastor.’^

It was on the same conditions that the Pope Alexander VII.,

granted, in 1493, a similar favor to Ferdinand, as we see by the

very title of the Bull:

“ Insulse novi orbis a Ferdinando Hispaniarum rege, et Elizabeth

regina repertse et reperiendae, eisdem conceduntur propagandse fidei

Christianae causa.’’ The islands of the new world which have been

•discovered and will be discovered by F-erdinand king and Elizabeth

*queen of Spain, are granted to them for the propagation of Chris-

tian faith

.

Bullar., Editio., Lugel., A. D. 1593, t. 1, p. 466.

Accordingly, the king of Spain obliged himself to establish

I



125
[ 21 ]

Catholic religion, to protect and endow the church. Thus, he re-

ceived the donation of his conquest on the same conditions as the

king of Portugal; both were bound to the same dutj-, namely, to

establish in all their new possessions the rights of that church

from which they received them.

The pope, according to the canonjlaw, which is the expression of

the civil and ecclesiastic authorities, and equally binds them both,

is ‘the only one who, as the head of the universal church, can fully

dispose of her property. Each bishop is a corporation sole for his

diocese. So it was decided by Urban II., in 1095, at the coun-

cil of Clermont, (France,) and his decision is recorded in the cor-

pus juris canonici, decret. pais secunda, causa xvi, questio vii.

‘‘The bishops, say the fathers of the council of Trent, session

22, cap. 8, as delegates ©f the Holy See, are executors of all pious

donations, wills, etc., made in favor of the church, and have a

right to visit charitable institutions,” ibid, cap. 9, and “ to them,

the administrators, either clergymen or laity, of fabrics of all

churches, even of the cathedral, of hospitals, confraternities,

mounts of piety, or of whatever charitable institution it may be,

shall annually give an account of their administration.”

The same regulation was made in 892, in the council of Vienna

en Dauphine, (France) convened by Pope Formose. Consequently,

no property can be accepted, no church built, no religious institu-

tions or foundation established without the permission of the

bishop, who accordingly is the only person vested with the right

of property, by grant, donation, etc., for ecclesiastical purposes.

This law is sanctioned by the legislature of several of the States

of this Union, and in particular by that of Maryland. See an act

of 1832, ch. 308. But, with his permission, grants, donations, etc.

can be made to every church, and even to every altar of his dio-

cese, as it is demonstrated by the general custom,' and such was

the case for the church of Florida, for the bishop could receive

and sell the church property, as it is proved by an authentic letter

on file, from Rev. Mr. O’Reilly to Henry White, governor of St.

Augustine, where it is mentioned that the Right Rev. Bonaven-

tura Texacia and Velasco, bishop of Tricale, coadjutor of Cuba,

and special charge of Florida, sold, on the 2d of October, 1737, to

the Real Hacienda, church property for $4,000. Eleven lots, situa-

ted in'the city of Havana, were given to that church, and the rent

was yearly sent to its major-domo; as proved by authentic docu-

ments on file.

The church of St. Augustine was then entitled to hold property,

and receive any grant lawfully made to her, as William Wirt

stated, on the 19th of July, 1822, in a letter to Mr. Adams, Secre-

tary of State, where he says:

“There can be no doubt of the power of the king of Spain to

grant lands in Florida, while the province was his, nor of the ca-

pacity of the Roman Catholic church to take by grant. Our

treaty with Spain recognizes and ratifies such grants made previous

to a certain day.” See opinions of attorney general, p. 1,390.

Now, we can prove that the property we claim was held by that



[ 21 ]
126

church long before the treaty of 1819, between this republic and

the Spanish government.

We have not the title of the original grant, or of other modes
of acquisition of the property we claim, it is true; but we can ac-

count for its loss. It is a fact of public notoriety, that a great

amount of papers, all relating to church matters, were lost or de-

stroyed at Havana. In 1812, from 8 to 10 large bundles of titles,

all written before 1763, were destroyed in the fort of St. Mark, at

St. Augustine, as stated in the affidavit of Mr. Antonio Alvarez,

which affidavit is singularly corroborated by a fact of which the

general goverhment is aware; namely, that many certificates of

title given by Mr. Aguillar can not be confronted, because the

original has disappeared. From 1821 to 1823, the archives at St.

Augustine were opened to the public at large; and, as proved by

the affidavits of Mr. Bernardo Segui, Antonio Alvarez, and others,

many papers were torn and lost; it is no wonder then, if the origi-

nal title of our property has disappeared with many others; but, if

it had never existed, so strong and so many evidences of its having

existed, could not be furnished at times and places so different,

and under so many forms. Besides, the places we claim were in

the possession of the ecclesiastic authority since over two hundred

years, when Florida was ceded to this Union, and during all that

time, the civil authority attempted but once to interfere with a

part of it, and was obliged to give up, as we will see hereafter.

As for the convent, to-day St. Francis barracks, it was founded

at a very early period 'after the discovery of Florida, as a house

of residence for the missionaries; the bishop of Havana, whose au-

thority extended on the continent, was to provide for them. The

Franciscans, having already a convent at Havana, since the year

1515, were thought well calculated for the mission of Florida, and

in the year 1610 it was erected into a province, which they called

St. Helena’s province. See the charter of the king, in the docu-

ments laid before Congress, p. 10.

From that time, the convent remained in the quiet possession of
the bishop, who had the entire control of it. On the 22d of March

of that year a culprit look refuge in it, and the governor of St.

Augustine, regarding the. convent as an ecclesiastical property,

where he could not go without infringing the canon law, asked

three times the permission of the bishop. See his letter, ibid*, p.

21. This act proves that the convent was altogether in the power

of the bishop, and that the Spanish government could not inter-

fere with it.
^

In 1764, it was sold as a private property belonging to the

church, in compliance with the treaty of 1763, between Spain and

Great Britain. The same bill of sale contained the convent,' the

Episcopal house and the church of our Lady of the Milk. They

were sold by the same authority, to the same gentleman, and under

the same conditions. See the transaction, ibid., p. 25. Now it is
evident that the bishop’s house was a private property, independent

of the crown. It had been given to the clergy, in conjunction with



127 [211

other houses, the walls of which were sold to the real hacienda in

1737 for $4,000, in order to build the present church of St. Augus-

tine, as it is proved by a letter of Rev, Mr. O’Reilly to the gov-

ernor of that city. See it on file. In 1784, the convent, the

house and the church of our Lady of the Milk were given back, ac-

cording to the bill of sale, to their lawful owners, the clergy. The

province of St. Helena having been suppressed, the Franciscans did

not take charge of the mission of Florida. The bishop called

other missionaries and placed them in his convent, as stated in the

affidavits of Francisco Triay and Andrew Papy. In 1792 the bar-

racks of the king were destroyed by fire, and no shelter remained

for his soldiers, as stated by the governor of St. Augustine to that

of Havana. See his letter, ibid. p. 29. ^Ht is important,” says he,

that I should make known to your excellency that the difficulties

which surrounded me have been greatly augmented by this misfor-

tune, which hag left me without a place to secure the artillery pro-

perty, and without quarters for the dragoons; nor have I any place

for the persons who are condemned to hard labor,”

As the friars were but few in the convent, the king applied to

the bishop in order to occupy it till he would have fixed a place

for his troops, and he paid for the use of it, in supporting the

church and clergy, paying rent for the houses they occupied, as

proved by affidavits on fi]e. Of this transaction, however, we have

nothing in writing; but we can prove that, till very lately, the
Spanish government had never interfered in the least with church

property, without the permission of the ecclesiastical authority,

which permission has been commonly given to them in a bull from

the Pope himself; and even in their last fits of disorder, in selling,

against the law of their country, the property of the monks, the

Spaniards confess their crime and iniquity, by paying to them an

annual rent. This is a public fact, well known, and proved by an

official letter of the honorable Mr. Calderon de la Barca, minister

plenipotentiary of Spain to this republic, which letter will be

joined to this document. Yet, with the property under the imme-

diate authority of the bishops, the Spanish government has never

pretended to interfere. But, besides this constant practice, in re-

specting the church property, we have a stronger proof of its hav-

ing acted according to the canon law in this particular case; for,

we have showed that the church had the same right on the convent

as on the bishop’s house; both places had been held in the same

way by the bishop, sold together, restored together, etc., which

proves an equal right to both. In 1797, the g_overnor of Florida,

mistaken on his ground, wanted to dispose of the bishop’s house

under some pretext, but reverend Mr. O’Rielly proved to him,

‘Hhat this house had been given for pious purposes, and, therefore,

the civil had nothing to do with it;” moreover, said he, it be-

longs to that class of property which the king, by an jedict of the

18th of March, 1791, commanded the authority to restore them to

their lawful owners, and if they had been either sold or destroyed

by the British, they had to give an equal extent of land, or a house,



[
21 ] 128

as they had before leaving Florida.” See the letter and the edict

on file.

The governor did not deny the position of Rev. Mr. O’Reilly,

as it may be seen by his letter on file; he only directed him to

proceed according to the law, and the consequence was that he

was compelled to remove his guard from the house, and leave it

altogether to the clergy. (See the affidavits on file.) The class

of property mentioned in the edict of the king, is that class of pro-

perty sold by D. Eligio de la Puente. To that class belong the

church of St. Augustine, the church of our Lady of the Milk, the

convent and the bishop’s house, with one hundred and eighty-five

houses or lots, which he sold, by order of the government, to keep

them from being lost. (See the documents laid before Congress

last year, p. 27.)

It is to be remarked^ that not a single lot or house from this

large number belonged to the government; they are all private pro-

perty, and they are to be preserved to their lawful owners, and if

they are lost, they mustbe restored, or an equivalent is to be given.

No exception for the property we claim; on the contrary, the gov-
ernment is particularly interrogated to know if the church property

is comprised in the edict, and the answer proves that the governor

has no right to interfere with church property. Thus the edict of

the king decides the question concerning the validity of our title,

and of our right on the property we claim.

As for the parochial church, the foundations and the lots round

were sold with the other private property in 1764, and restored to

ecclesiastic authority in 1784; the bishop furnished $5,600, partly

accruing from ecclesiastic property, sold to the real hacienda for

the continuation of that building, (see the letter of Father O’Reil-

ly, on file,) and the people contributed towards it,, each according

to his own ability, as proved by affidavits on file. The king fur-

nished nothing of his own; he only sanctioned the application of

the rent of eleven lots which that church had at Havana.

With the church of our La^dy of the Milk the government has

never interfered.

We have, then, established that the object of our claim was, be-
fore the cession of Florida to the United Stated, a private property,

belonging to the bishop as corporation sole for his diocese; and

the fifth article of the treaty of 1819, between Spain and this repub-

lic, secures the rights of the church, not to be modified, but, as

they were, invested in the person of the bishop. The inhabi-

tants of the ceded territories shall be secured in the free exercise

of their religion, without any restriction.”

By this article the right of property is recognized in the church,
and grants made to it are confirmed and ratified. (William Wirt,

already quoted.) Congress cannot interfere with religion or church

matters, according to the first article of the addition to and amend-

ment of our* constitution. ‘‘Nor shall private property be taken

for public use without compensation”—ibid, article 5; and “when-
ever a right grows out of, or is protected by, a treaty, it prevails

against all laws or decisions of the courts of the States; and who-



129 [ 21 3

soever may have the right, under the treaty^ \s protected.'^'* (Public

statutes of the United States, vol. 8, p. 2.)

B. MADEORE,
Vicar-general of Florida^

Washington,^ January 10, 1849.

Honorable Sir: My apology for addressing this note to you,
and begging of you the favor of Rn answer, will be found, f hope,

in the difficulty into which I am thrown by an oversight of the

Spanish officers, who, in 1821, delivered up to the United States,

the property of my church as the property of the crown of Spain..

When I applied to this republic for its restoration, two questions
arose: 1st. Did the Catholic church, under the Spanish govern-

ment, hold property in the new world independent of the crown t

2d. Had not the king, according to the law and customs of his

kingdom, a right to take any church property, or to turn it into

his own use, without the consent of ecclesiastic authority 1 .
In my humble opinion, I have fully demonstrated, from canoii

law, by historical facts, and treaties made by Spanish sovereigns,.^

that they could never pretend to have any right on church proper-

ty; but, honorable sir, a decision from you upon the question^ »

would, I think, altogether settle the matter. Being well qualified

by your personal knowledge, and, in your capacity'of minister

plenipotentiary of Spain to this republic, being the organ of your

government, no one would presume to be more competent than you

to interpret its laws and customs.

I have the honor to be, honorable sir, very respectfully, your

most obedient, humble servant,

B. MADEORE,
Pastor of St. Augustine^ and vicar general of Florida^

To honorable Mr. Calderon de la Barca,
Minister plenipotentiary of Spain.

Washington, January 11, 1849..

Reverend Sir: I have had the honor of receiving your letter

of yesterday, and it would, indeed, afford me great pleasure, were
I able to answer your questions with a thorough knowledge of the

subject. To do so, I have neither sufficient personal information,

nor, at such short notice, the time and opportunity necessary for

consulting the sources from whence I could derive it.

I will, however, express, as correctly and candidly as I can, my
opinion upon the two questions proposed by you.

1st. The different concordates between the court of Spain and
the Holy'See, prove that the kings of Spain, however persever-

ingly they supported their claim? to the patronat, that is to say,^

to the presentation of bishops, to the conferring of benefices, and

9



130
[
21 ],

the right of taxation on church property, yet always endeavored

to enter into an arrangement with the Holy See.

2d. Although, in these later times, the property of the church

(that is, of convents) has been sold for the use of the nation, there

are many Spanish jurists who dispute the lawfulness of such sale;

nor has it ever been effected 'without provision being made from

the public treasury for the maintenance of the religious orders to

which it belonged. And even in former times, as for example in

the reign of Charles IV., when the property belonging to va-

rious religious institutions was sold, it was only done after a bull

to that effect had been granted by the pope.

In the new world, the church undoubtedly held property inde-

pendent of the State, as it does to this day in the South Ameri-

can republics. When the kings of Spain have found it "expedient
to tax this property, or to appropriate some part of it, they have

constantly first obtained a bull from the pope.

With regaid to any property, belonging to the church in Florida,

being delivered up as common property when Florida was ceded

by Spain to the United States, it seems to me that such a proceed-

ing would have been contrary both to the spirit and to the letter

of the treaty of cession; and also to the personal character of

King Ferdinand YII., who#made the cession, and, certainly,

contrary to his own and to his ministers’ views on the subject;

since, during his reign, he declared null and void the sale which

had taken place in virtue of laws enacted by the Cortes, and or-

dered all the property so sold to be restored to its former owners

—

a proof of the ideas on this matter of the Spanish king who made

the cession.

Such is, reverend sir, all I can now say in answer to your ques-

tions. Should you wish for further and more available informa-

tion, I shall gladly endeavof to procure it from more authentic

sources.

I remain, with much esteem, respectfully, yours,

A. CALDERON DE LA BARCA.
Reverend B. Madeore.

The foregoing quotations and decision of the courts, solve these

three questions: Under what name must the rights of the’ church

be claimed] To whom money should be paid, if any is to be paid]

For what use]

We have seen that before and at the time of the treaty, the
bishop was regarded as the rightful and lawful owner of church

property; as such, he passed from th€ Spanish authority under the

authority of this republic, according to the second and fifth articles

of the treaty. From that time he has not been, he could not be,

deprived of his right by our laws; on the contrary, they protect

him. ‘^Whosoever may have the right under the treaty, is pro-

tected.” (Decision of the courts.)

Hence, no one but the bishop is legally entitled to claim what



131
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21

]

must be considered by the law of this Union, as his own private
property, and he is, in fact, the only one who can dispose of it;
to him, therefore, money must be paid, if any should be paid.
The crown of Spain having no right on church property, could

transmit none to the United States, or to any individual or commu-
nity, and did not intend to transmit any, since, by the treaty it
sets her free, and free without any restriction.’^ If then, the
bishop was deemed empowered to sell a part of the property of the
church of St. Augustine to the Real Hacienda, in 1737, and to
receive the price of it, as it is stated by Rev. Mr. O’Reilly, (see
his letter on file,) his successor must to-day enjoy the same favor,
for no law has disabled him, neither before nor after the cession of
Florida.

As for the use of the money he may be entitled to, it is already
decided. Our constitution gives no right to Congress to legislate
on church matters', so that here all denominations necessarily stand
in the same light; every one of them is allowed to make her regu-
lations concerning the management of her funds, and, provided they
do nothing against the law of the country, the government never
interferes with them. We hope that no exception will be made for
us, who are directed by a law as ancient as our church. As the
Apostles, we give a part of our incomes for the support of the
poor, the widow and the orphan, who have always looked up to the
church as to their own mother, and at her hands, to-day as then,
they receive their education, as it is well known; but in this dis-
pensation we disclaim py interference whatever from the govern-
ment, and the moment it is decided the property belongs to us, it
must be given to us, to be held and used as it was held and used
by the bishop under the Spanish government.

B. MADEORE,
Vicar-general of Florida.

Office of the Solicitor of the Treasury,

January 26, 1849.

Sir: I have read the evidence before you as arbitrator, appointed
under a resolution of Congress, approved August 11, 1848, relative
to the claim of B. Madeore to certain property in St. Augustine,
in Florida, and also the argument of the claimant upon it. My
remarks thereon will be brief. The claim made is to three pieces
of land, described as the convent of St. Francis, the bishop’s

house, and the church of our Lady of the Milk. It is alleged that
these belong to the Catholic church at St. Augustine, and that
they have been wrongfully appropriated by the United States, or
by others under their authority. The validity of this claim is
denied by the United States, who insist that they became lawful
owners thereof under their treaty with Spain, by which they ac-
quired the Territory of Florida. The Catholic church also claim
under Spain, contending that their title was derived from the crown
at an early day. In addressing one who has collected the whole



132
[
21

]

evidence in the case, and who is familiar with it, I shall not go
into the details of the evidence, but confine myself principally to

laying down the general rules which must control the decision.

I. By our treaty with Spain, ceding Florida, the United States
took the whole soil of the Territory, excepting that which had

become private property. Hence, under the general terms of the

treaty, all the real estate became prima /acie, vested in the United

States^ Spain being conceded to have been the original general pro-

prietor of the whole territory.

II. Those who seek to avail themselves of the exceptions, must

show what they claim was, at the time of the cession, private

property owned by the crown of Spain.

The claimants here seek to establish as true, that the lands in

question, prior to the treaty, had become private property. In ex-

amining the claimants’ testimony, I have found no direct evidence

on this point. Several persons testify to their understanding,

hearsay, and belief, but no one goes beyond. No grant from the
crown of Spain is proved, nor any recognitipn by it in a definite

form. It is sought to raise a presumption in favor of the claimants’

title, by showing that at an early period church officers were in pos-

session for clerical and religious purposes. Had they continued in

possession to this time, they would have raised a presumption which

could only be overcome by proof of positive title by the United

States. But while they seek to avail themselves of the doctrine of

presumptions, the claimants must be controlled by them when they

make in favor of the United States. In the year 1792, the Spanish

government took possession of what is now known as the United
States barracks, then known as the convent of St. Francis. That

possession continued twenty-nine years under Spain. Since the

cession, the United States have occupied the same twenty-seven

years, making in all fifiy-six years. This changes the presumption

against the claimants. By the laws of Spain, as well as of this
country, such a period of uninterrupted possession, accompanied

with a claim of title under conveyance good in form, would be a

bar against persons not under disability to prosecute.

But the evidence discloses facts amply sufficient, without resort-

ing to the aid of legal presumptions, to' show that the claimants’^

hav€ no just title to the lands in question. It proves, on the con-

trary, that it was in the crown of Spain, and that the claiinant’s

predecessors actually sold some of the property claimed (the

bishop’s house) to th6 crown for a valuable consideration, and that

even the church, which they now occupy, was mainly erected at
the expense of the royal treasury.

It also appears that all the religious establishments, such a»

churches, convents, &c., were erected and maintained at the ex-

pense of the crown, under a general law. When they ceased to be
used for the purposes for which they were erected, they were dis-

posed of by the king as crown property. From the evidence, there
can be no reasonable doubt but that the convent, bishop’s house,

and the church Qf our Lady of the Milk, as well as the church of

St, Augustine, '^ere erected and owned by the crown. If so, they



133
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passed, under the treaty, to the United States. This position is

much strengthened Uy the fact that the Catholic Society, at the

time of the delivery of the property to the United States, in 1821,

interposed no objections and gave Tio notice of any claim thereto;

but, subsequently, they seemed to have sought and accepted from

the United States a title to the church of St. Augustine, which they

then occupied. They allow more than a quarter of a century to

expire before they assert this claim. They stand by and allow the

government to make repairs and improvements, amounting to a

very large amount, before they give notice that they claim to be

owners. The property was of trifling value when the United States

took possession; now, by improvements, it is highly valuable.

Good faith required the claimants to have asserted their claim be-

fore these expenditures were incurred by the government. Not

having done so, they have no right^to complain of the application

of strict rules of law to their case.

The argument of Mr. Madeore seems to proceed upon the ground,

that the pope of Rome was the first origina.1 proprietor of Florida,
as well as of all the new world, and that all churches and convents

and other ecclesiastical buildings were under his care, and inalien-

able withaut his consent; that when land had been once set apart

and used for church purposes, Spanish power was unSble to convey

it without the sanction of the pope or his representative. He says,
^^The pope, according to the canon law, which is the expression of

the civil and ecclesiastical authorities, and equally binds them both,

is the only one, who., as head of the universal church, can lawfully

dispose of her property.” Other similar expressions are used by

him. The power here claimed did not exist in the Spanish pro-

vinces. The Spanish crown never admitted this claimed supremacy

of the pope. The laws of Spain are the reverse of this allegation.

This is proved by reference to the extracts which are in the evi-

dence. The pope, in his grant to Ferdinand and Isabella, parted

with all his pretensions to such power. The claimants, in their

petition to the Senate, state that when the Spanish government
ceded Florida in 1763 to Great Britain, the lands in question were

conveyed by Elijah Puente, the commissioner, in secret trust to

John Gordon, to prevent the same falling into the hands of the

British under the treaty, which permitted the Spaniards a certain

time, within which to dispose of their property and to remove.

Now, if these lots really belonged to the church, and were inalien-
able except By the consent of the pope, how could Puente convey

them to Gordon? It is not shown that the pope gave him any

power whatever. If he could convey without such power, and did

so convey, it proves that Mr. Madeore’s position is not tenable.

It is clear by his own showing, th^it but for such conveyance, these

lots would have passed to Great Britain at the end of the period

for disposing of private property in Florida. If he could not con-

vey, then the land went to the British crown under the treaty. If

so, then it passed to the Spanish crown on the retrocession, and

from the latter, to the Unfted States, under our treaty. Hence, by

Mr. Madeore*s own showing, the title is in the United States. But

if Puente had power to convey, which does not appear, the trans-



134
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21

]

fer, coupled with a fraudulent secret trust to de'feat the treaty with

the British, was utterly null and void. It is not shown, however,

that he had authority from the church, or any one else, to make

any conveyance. But if he had any such power, and actually con-

veyed the lands to Gordon, then in the absence of a re-transfer by

Gordon to the Catholic church, it is certain that the latter have no

title. No re conveyance is proved, or even pretended, so far as I
can learn. Mr. Madeore shows the title out of the church and

leaves it there, which proves that the claimants have no right to it.

When Gordon or his heirs set up a claim under a fraudulent con-
veyance, they will be answered.

It is worthy of remark, that even the present church of St. Au-

gustine, which was begun to be erected, was conveyed to one Jesse

Fish, to prevent its passing to the British under the treaty; which

proves that k was then thought that this, as well as the other

buildings, would pass to her unless defeated by some conveyance.

No reason is assigned for not asserting this claim at an early day,
nor why the Spanish officers inventoried and delivered it as the

property of the Spanish crown, if it was not really such. It is not ta

be presumed that the Spanish officers did not know which was crown

property, when they were in the act of transferring its possession ta

the United States. Although it is asserted that the Spanish crown

held under the church and by its permission, no proof of the fact is

made. On the contrary, any such pretence is repelled by the evi-
dence, which shows that this property itself really belonged to the

king and not to the church. He owned the soil, and made the
erections thereon, and sustained the establishments which were

formerly in them. As early as in the sixteenth century, laws were

made in Spain regulating the erection of cathedrals, churches, and

convents by the king, which were held as crown property, and

when not used for feligious purposes were, as they have been

within a few years, disposed of for the benefit of the crown. The

buildings which are claimed were erected under these laws. At a

later period, the crown required the inhabitants to contribute to-

ward the erection of churches, as they did to a small extent in the

case of the present church at St. Augustine. On the suppression of

the order of Franciscans, the convent not being longex needed, it

of course devolved upon the crown, to be held and used as other

public property. The church, not having erected it, could have na

pretence of ownership. It could have no use for it. This accounts

for their making no claim to it for more than half a century, during

which time it has been occupied by‘the Spanish crown or by the

United States.

On full consideration of this whole matter, I have fully satisfied

myself, that the Catholic church of St, Augustine have no claim, in

law or equity, to the lands in question, but that they are the law-

ful property of the United States.

All of which is respectfully submitted.

R. H. GILLET.
Solicitor.

To Stephen R. Mallory, Esq.,

Aihitrator^ fyc.



135
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21

]

Washington, January^ 1848.

I^ir: Herewith I have the honor to hand you rny decision, as the

arbitrator under the joint resolution of Congress of the eleventh

of August, 1848, between the United States and the vicar general

of Florida and the wardens of the Catholic church of St. Augus-

tine, upon the various questions embraced in their submission.

With great respect, I have the honor to be, your obedient ser-

vant,

S. R. MALLORY,
• Jirhitrator.

R. H. Gillet, Esq., Solicitor of the Treasury.

Decision of the Arlitrator.

Benedict Madeore, vicar-general of the Catholic church of

Florida, and pastor of the church of St. Augustine, in behalf of

his diocese and of the people over -whom he specially presides,

claims of the United States the following property, situated in and

about St. Augustine, Florida.

‘‘The church of St. Augustine.”

“ The convent of St. Francis,” (the present United States har^

racA^j,) and the lots of the “bishop’s house,” and of the church

of “ our Lady of the Milk.”

He alleges thatthis property belonged exclusively to the church,

that it was improperly transferred by Spain to the United States

under the treaty of 1819, and he prays for its restoration to him as

the spiritual head of the church in Florida, or that an equitable

compensation be made for it.

John M. Fontane, Pedro Benett, Francis P. Herriera, Joseph

E. Pomar, Thomas Andreo, and Antonio Noda, wardens of the

church of St. Augustine, together with two hundred and eighty-six

of its members, claim the same property; the memorials of both

parties rely upon the same general statement of facts, and were

presented to Congress together.

Under the joint resolution of the 11th of August, 1848*, the

questions arising on these claims were submitted to arbitration, as

well by the United States as by the claimants; and the mutual sub-

mission! required the arbitrator to decide specially,

1. “As to the title of the claimants to the respective lots or
tracts of land and buildings specified in their memorials, whether

legal or equitablel”

2. “As to the value of the said property, and of each portion
thereof, at the time of the delivery thereof to the United States,

’

and particularly of the buildings thereon at that time'?”

*See Schedule 2. tSee Schedule 1.



t 21 ]
13fi

3. The value of the use and occupation by the United States

since.

4. The cost and value of the improvements since placed on esfth

separate portion of said property.

5. The present condition and value of each separate portion of

the said property.

6. If the said property, or any pait fhereof, is decided to belong

to said claimants, or either of them, the amount that the United States

should pay, in equity and justice, to such claimant for the relin-

quishment of the title thereto, and to whom the same should be
paid, for whose or what use.

7. If the property should be given up to said claimants, the

amount, if any, that should be paid to the United States for said

improvements, as indicated in the report of the Committee on

Private Land Claims, of the Senate, at the late session, June 29,

1848, report No. 195.

To possess myself fully of the testimony necessary for the de-
cision of these questions, I visited St. Augustine and Havana in the

months of September, October, and November, and carefully ex-

amined the archives of East Florida, transferred to the United

States with that province, and so much of those in Havana as re-

late to the Floridas. I have also taken the depositions of a great

number of persons,' as to the origin of the property in question,

the time and character of its occupation by the crown and- the

church, both anterior and subsequent to the cession of the Floridas

to Great Britain, in 1763, and its character, condition, and value,

at the time of its delivery to the United States, and also its pre-

sent value; all of which testimony is herewith submitted.

It would appear somewhat surprising that but little is known

relative the oldest religious establishment in the Floridas, and one

the oldest in the new world; and one, too, that must have ex-

ercised so decided an influence upon the civilization and settle-

ment of the country, were we not aware of the fact, that portions

of the records of the Floridas, have at-various times, been lost or

destroyed*. From the statements of Antonio Alvarez, keeper

of the archives, at St. Augustine, and H. Desdeire, one of the

most eminent lawyers of the city of Havana, it seems that about

the year 1812, many of the oldest were destroyed in Fort St. Mark,

that in their attempted transfer to Cuba, in 1821, others were lost

by shipwreck, and that the Spanish authorities subsequently, find-

ing many others to be illegible, caused them to be burnt.

In the old Spanish chronicles of the early settlements in the

Floridas, we meet with frequent references to the labors and suf-

ferings of the monks of St. Francis, in christianizing the Indians;

fand on some of the old Spanish charts several of their mis-

sions are designated, among which are those of San Pe.dro and San

Luiz, in East Florida. ‘‘On anjengraved map of the Floridas, in

(*) See the opinion and notes of H. Desdeire, 21, and the testimony of An to. Alvarez, 27.

<t) Soe Barca and Escalante, tit. Florida and Franciscans.



137 [21 ]

the library of the Harvard University, ont of the missions is desig-

nated near Lake Oke-chobee.’’*" The narrative of Escalante, a

Spanish seaman, who- lived amongst the Florida Indians about

twenty years, contains much interesting information relative to

their improved condition under the Franciscan friars, and the hap-

py effects of their religious establishments. Through their intimate

association with the different tribes and their mild and patriarchal

sway, the authorities of Spain generally had the affections of the

Indians during their possession of the Floridas; and so permanent

has been this influence that'even throughout the late Seminole war

their friendship for the Spaniards was frequently manifested, and

the Spanish language is still a passport amongst the few who re-

main there.

The convent of St. Francis was, probably, one of the first

founded in the new world. Its origin might be traced out were

it necessary for the present inquiry. From the patent issued by

the commissary general of the Franciscans to Pedro Ruiz, dated ^

at Madrid, November 18, 1609, we learn that a convent then ex-

isted at St. Augustine. The patent created a custody of several

convents in Cuba, including the one also at St. Augustine, and ap-

pointed Ruiz its supreme head.f It speaks of it as convent

of St. Augustine^"^ and also as ^^the convent of the Conception of

Our Lady,^^ and styles the mission ‘‘St. Helena.’’ It directed

Ruiz to take with him as many of the order as he might deem ex-

pedient, and to proceed to his charge. This patent, recorded at

length in the chronicles of the order of St. Francis, page 110, one

of the manuscript records preserved in the Franciscan convent at

Havana, is the earliest reference to the convent in St. Augustine

which I have been able to discover.

No proof of a grant from the crown of Spain for the convent ex-

ists that I know of; nor have we any positive proof that the iden-

tical building now spoken of ever was a convent, or that it is the

same which the patent to Ruiz alludes to. It was known, how-

ever, for more than half a century back, as the convent of St.

Francis.

Great Britain acquired the Floridas from Spain under the treaty

of 1763. The following extract from the 20th clause of this treaty,

shows the conditions to which the property of the inhabitants were

reduced;

“His Britannic Majesty further agrees that the Spanish inhabi-

tants, or others who had been subjects of the Catholic king in the

said countries, may retire with all safety and freedom wherever

they think proper; and may sell their estates^ provided it be to his

Britannic Majesty^s subjects^ and may bring away their effects as

well as their persons without being restrained in their emigration

under any pretence whatever, except for debts or for criminal

prosecutions; the term limited for this emigration being fixed to

(•) See Senate report, No. 242, 30th Congress, 1st session, including the interesting re

port of B. Smith, esq.

(t) See schedule 5. -



138|-2l]

the space of eighteen months, to be computed from the day of the
exchange of the ratifications of the present treaty. It is moreover

stipulated^ that his Catholic Majesty shall have power to cause all

the effects that snay belong to him to be brought away^ whether it
be artillery or other things.^^

The ‘^possessions,’’ “rights,” “sovereignty,” and “property,”
which the Catholic king had over the Floridas and their inhabi-

tants, including, of course, the private property of the inhabitants,

were transferred to Great Britain; and the latter power then, in

the same clause, conceded the terms upon which private property

might be enjoyed by the holders. All the Spanish inhabitants that

could leave the Floridas, immediately went to Cuba. After the

British took posssssion of St. Augustine, Rida, captain general of

Cuba, comniissioned Don Juan Jose E. Puente to proceed to East
Florida, and to collect and dispose of all the crown and private

property to the best advantage for the parties concerned,(*) and

there are on file in the archives at Havana, detailed statements of

the several sales and transfers, both of public and private pro-

perty, made by Puente under this commission. Amongst these is

the lollowing relating to the convent of St. Francis:

“ St. Augustine, July 2, 1764.

“ I acknowledge to have received from Juan Jose Eligio de

Puente, an instrument of sale in my favor of the convent of St.
Francis, for the sum of one thousand five hundred dollars, cash;

and likewise another document of the same class for the church of

our Lady of the Milk, for three hundred dollars, both in this

place: notwithstanding which, I offer and promise to sell and dis-

pose of said convent and church to the best possible advantage for

and on account of their proprietors, and remit the proceeds to the

above mentioned Puente, or pay it over to his order.

“JOHN GORDON.”

The transfer of the bishop’s house was separately made to the

same person, as is shown by the following: (f)

“ St. Augustine, July 20, 1764.

“I acknowledge to have received from Juan Jose Eligio de

Puente, an instrument of sale in my favor of the Episcopal house,
in this city, for the sum of one thousand dollars in coin; and not-

withstanding which, 1 offer and promise to sell and dispose of said

house to the best possible advantage, for the benefit of and on ac-

count of its proprietor or proprietors, and to remit the proceeds

thereof to the aforementioned Puente, or to pay it over to his

order.

“JOHN GORDON.”

(*) See schedule 7.

(t) See schedule 7.



139
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21

]

By another schedule, also among the archives of Havana, whose

caption is as follows: Account of the houses and lots which^ up

to this time^ have not been sold for a want of purchasers^ for which

reason they have been sold or passed over in confidefCce to Jesse Fish)

a subject of his Britannic Majesty ^ giving him^ only for the for--

mality of the case^ a deed of sale^ upon the margin of which is

cited the value of each property and the name of the proprietor)^

it appears that Puente conveyed, by one deed, to Jesse Fish, a Bri-

tish resident of St. Augustine, one hundred and eighty-five parcels

of real estate, amongst which was ^^the lot of ground and the walls

of the new cKurchf"^ the present church of St. Augustine. The

acknowledgment of Fish, at the conclusion of the schedule, is in

these words: ‘‘7, Jesse Fish) a British subject) do hereby acknow-

ledge to have received fro7n Juan Jose Eligio de PuentC) general

commissioner for the sale of property) both moveable and immovea-

ble) belonging to Spanish subjects who left this garrison) two deeds^

dated) one on the twenty-fourth and the other on the twenty- seventh

of this present month and year) in which a real sale is executed ta

me of all the houses and lots belonging to the aforesaid subjects) as

expressed in the preceding account or notC) and at the low prices

stated in the margin) giving the names of the proprietors of each

house and lot of ground) upon which I do hereby declare that I have

not paid to him anything on account of the said houses and lotsy

and that the aforesaid deedS) or contracts of sale ) were made in con-

fidence and for the purpose of securing to the legitimate, owners

their right therein) which they were about to lose under the~provi-

sions of the twentieth article of the preliminaries of peace. I fur-

ther add that) both now and hereafter) I oblige myself to give to

the said Puente) or to his order
)
a most punctual account and pay-

ment of the proceeds of the said- houses and lotS) the sale of which

I promise to verify as soon as purchasers may offer) and to the best
possible advantage. In order that it may so appear) I sign these
presents at St. Augustine) Florida) on this twenty- eighth day of
July) one thousand seven hundred and sixty four . —Schedule S.

JESSE FISH.

This pretended sale was in fraud of the treaty. The right of
the Spaniards was the right to sell within eighteen months to
British subjects. Failing to do this, their property became vested
in the British authorities. No authority to create trusts was given.
Such estates were whatthe stipulation sought to avoid as manifestly

impolitic^ and even if the trust were rightfully created, s^till, as

Puente was commissioned by the governor of Duba to collect and

dispose of crown, as well as private property, the convent may or
may not have been transferred as crown property. The transfer at
least is no evidence of its having been church property.

The British held possession of the Fioridas until 1784, when
they were restored to Spain; and during their twenty years occu-

pation, the “bishop’s house” was repaired and enlarged and used

ior government purposes. This induces the belief that it was con-



140[ 21 ]

sidered public property, and that the trustee, Gordon, had not the

possession of it. We have no evidence that there was any Catholic
church or congregation in St. Augustine during these twenty years,

notwithstanding the guarantee for the free exercise of that religion

which the treaty secured; and it may appear strange that, if the
transfer of the “bishop’s house” had secured to them its possession

under the British rule, they would have abandoned it for so long

a period lo the British occupation, and permitted them to rebuild

and enlarge it. That it was transferred to, and thus occupied, re-

paired, and enlarged by the British, is evident from the statement

of Governor Henry White. {Schedule 29 to 31.)
By a royal order, dated at Madrid, 18th March, 1791, the king

of Spain directed that, to those persons who had lost their lands in
East Florida through their cession to Great Britain by the crown

of Spain, under the treaty of 1763, other lands, equal in value,

should be given from the public domain. (See the order annexed

to the letter of Mr. O’Reilly to Governor White.)

In 1797, Father O’Reilly, at St. Augustine, priest, made a formal

application to Governor White for the restoration to him, for the

benefit of his flock, of the said bishop’s house, which the governor

had occupied for the king about thirteen years, and which he was

then about to dispose of for the king’s benefit. The application

was refused. The governor claimed it as crown property, and con-

tinued to hold it, and we have no information that Mr. O’Reilly’s

claim was ever revived until this moment. (See the correspondence

between Father O’Reilly^and Governor White, pp. 29 to 31.) In

making this claim, it will be noticed that he does not allude either

to the convent or the lot of our Lady of the Milk, though the con-

vent was then occupied as a barrack by the king’s troops; and we

have no evidence that any such claim was ever set up during such

occupancy. It will also be notided that Mr. O’Reilly states as

one of the grounds of this claim to the bishop’s house the royal

order above alluded to, plainly implying that it had passed into the

possession of the British in 1763, and became property ©f the crown

at the retrocession in 1784. A strong presumption arises, from this
correspondence alone, that the convent, bishop’s house and the lot

of our Lady, were the property of the Spanish crown, as well be-

fore the treaty of 1763 as after the retrocession in 1784.

It seems strange that Mr. O’Reilly, when making his claim to

the bishop’s house, did not name the convent. The present claim-

ants have suggested that the free school, which the king maintained

in St. Augustine, was a consideration for the use of the convent;

but there is no proof of this. The maintenance of public schools

out of the royal treasury, like the maintenance of churches, con-

vents and other'similar institutions, was a part of that wise system

of policy established by the crown in the Indies, by which the

loyalty of its people to Spain was rendered so remarkable and en-

during. They were all maintained exclusively at the expense of

the royal treasury; and the idea that the king of Spain maintained

a school in consideration of the occupation of the convent cannot

be sustained for a moment.



14L
[
21 ]

No use was made of the convent after the retrocession of the

Floridas to Spain (in 1784) until 1792, when the governor of East

Florida moved the king’s troops into it, and -it continued thus oc-

cupied until its delivery to the United States in 1821, as crown

property. (9) Its probable value when thus delivered, in open

market after due notice, in St. Augustine, has been differently esti-

mated by two intelligent American officers who were there at the

time of its transfer, and examined it particularly and repaired it;

one placing it at five thousand and the other at fifteen hundred

dollars. (27, 28.)

The actual value of the labor and the cost of the materials to

place the edfiice as it then was, has been estimated, by a highly

competent and respectable board of survey, at $27,000. The United

States have expended about fifty thousand dollars in repairs upon

the building, and have occupied it since 1821. The crown of Spain

and the United States have thus held peaceable and uninterrupted

possession of it for fifty-four years; and these claimants have now,

for the first time during this period, suggested their right to it.

The Church of St. Jiugustine.

The United States acquired the Floridas from Spain by the trea-

ty of 1819, and the change of flag took place on the 11th of July,

1821. The commissioners of Spain, charged with th6 duty of trans-
ferring East Florida, delivered to those of the United States a plan

of the city of St. Augustine, with specifications of all the crown

property which it contained; which plan and specifications par-

ticularly describe the convent of St. Francis, the parochial church,

and the lot of the bishop’s house—all of which were received by
the American commissioners as crown property, and the United

States have so regarded them. The fifth article of the treaty under
which this property was thus surrendered, secured to the inhabi-

tants of the ceded provinces ^Hhe free exercise of their religion

without any restriction.^'^ Now is it a reasonable presumption that
Spain, after obtaining this concession from the United States, and

securing it solemnly by treaty for the benefit of her subjects, de-

signed to render it worthless or inoperative by the voluntary alien-

ation of their churches, in which the ^^free exercise of their reli-

gion^^ could only be enjoyed 1 Such a supposition is at variance

with that obstinate consistency with which, throughout her trea-

ties, she has protected her subjects in the exercise of their religion,,

and with the fact that she has never, by treaty stipulation, de-

prived them of their churches. She had once before surrendered

the Floridas. Under the treaty negotiated at Paris, the 10th of
February, 1763, they were ceded to Great Britain, and the twen-

tieth article contains this provision: ^^His Britannic Majesty agrees^

on his party to grant to the inhabitants of the countries above ceded,

the liberty of the Catholic religion^ he will, consequently, give the

most express and the most ^ectual orders that his new Roman
Catholic subjects may profess the worship of their religion accord-



142
[ 21 ]

ing to the rights of the Romish churchy as far as the laws of Great

Britain permit

If the government of the United States could, consistently with

this stipulation in the fifth article of the treaty, rightfully hold the

churches of the people of the ceded provinces, then might it close

them and treat as trespassers all who entered them, or convert

them into barracks or utterly destroy them. Yet can it be said

that such a conversion or destruction of their churches would be

compatible with the “ free exercise of their religionV^ or create

no restriction'^'^ to its ^free exercise^^l It may perhaps, be sup-

posed that this stipulation does not necessarily imply protection to

their churches'as edifices; no particular church edifice being essen-

tial to the worship of God. This objection is entitled to but

little consideration.

To those familiar with the affection, reverence and awe with

which, from the moment of its consecration, the edifice and all

things in and about it, its sacred vessels, its relics and the tombs

of its saints and martyrs, are regarded by a Roman catholic; the

profound veneration with which he approaches the altar, whereon

he believes is offered the veritable body of his crucified God; it

would indeed seem strange that Catholic and intolerant Spain, af-

ter thus solemnly securing for her people the rights freely to ^Ux~

ercise their religion without any restriction^’’'^ should voluntarily

deprive them of the very temples and altars essential to the per-

formance of many of these exercises.

It may be questioned whether the United States could, without

disregarding the spirit of this stipulation, have deprived the in-

habitants of their churches, even if Spain had possessed the right

to sell,. and had specifically transferred them.

The delivery of West Florida was made at Pensacola on the

same day; and it is worthy of remark, that neither the church, nor

any of its property in that town, was delivered to the United

States. Governor Copinger, of East Florida, assigned the duty of

preparing a plan and specifications of the fortifications, magazines,

public property, &c., which were to be transferred with the coun-

try to a military officer; and it is not improbable that the conside-

ration that the king was identified with the church and its proper-

ty as royal patron, and responsible for its maintenance, might have

induced the belief that the parochial church was to be delivered

as public property; or it may have been supposed, that by secur-

ing for the inhabitants the enjoyment of their religion, and trans-

ferring to the United States all the king’s rights over the church,

they would be to their new subjects, in all respects, what the

crown had been, a protector and patron.

In 1822
,
Bishop England, of Charleston, learning that attempts

were being made to deprive the people of St. Augustine of their

church, addressed a letter to President Monroe on the subject,

which I find on file in the Department of State, and from which I

make the following extracts.

‘‘I beg to apprise your excellency of this, in order to put

you immediately in possession of the facts, and to submit that, when



143
[
21

]

the king of Spain or any other sovereign power gives property to

any corporation, such as under Spain the Roman Catholic church

of St. Augustine was, the sovereign divests himself thereof, and

vests it in the corporation to whom it is given. At the cession of
Florida, then, this property did not belong to the king of Spain, but

to the Roman Catholic church of St. Augustine. It w^is not of
course transferred to the United States, as the transfer to them was

not the transfer of church property, which this was, and is, but

of crown property which this was not.^’
##:«##

‘‘The

Roman Catholics claim no privilege to which their fellow citizens

are not entitled^ they claim no favor or affection in the eyes of the

State; but they do expect that, by becoming citizens of the United

States, they shall not lose the property which they previously

held and possessed until now.’’

Bishop England’s letter was submitted, by order of the Presi-

dent, to Mr. Wirt, Attorney General of the United States, and his

remarks upon it will be found among the opinions of Attorneys

General, Doc. No. 123, 2d session, 26th Congressj-page 1S90. Mr.

Wirt’s opinion coincided with the bishop’s upon the inferences of

law, but he suggested that there was no proof before him that the

king or any other sufficient authority had ever made the grant in

question.

Upon the petition of the inhabitants of St. Augustine, the church

was restored to its congregation by the act of Congress of the 8th

of February, 1827, with the condition that no change should ever

be made in its destination without the authority of Congress.

From its completion, in 1797, until its delivery to the United

States, this church was in the possession of the Catholic priests of

St. Augustine. It was founded by the royal patron, and con-

structed mainly by a grant specially made for it, and under the

immediate superintendence of the crown officers.* This church

then became an ecclesiastical property, controlled by the bishop

(subject to royal patronage) for the use of its congregation. The

laws of Spain, embracing the great body of the ecclesiastical law,

_of which the canons of many general counsels, decrees of spir-

itual courts, compromises and compacts between the popes and

Christian princes, and especially the concordate (concordato) of

Charles the III., formed a part,f followed the grant and secured

the clergy in its possession. The crown could not, without disre-

garding the laws which governed equally the prince and the

people not only in Spain, but in Catholic Europe, retrieve the

grant thus made without the consent of the grantees. This is a

principle of the civil law, founded in the purest equity; and, like

many other of its principles, it was at an early date engrafted upon

the common law. Whether, during the life of the bishop of the
diocese, where the grant lay, the fee was in abeyance, according

* See schedules II, 12, 13.

t See Decretalia Gregori and Corpus Juris Canonici, with the commentaries of Devoti

and Walter. Schedule 24 to 25.



144
[
21

]

to the old common law doctrine,* or whether it ought to be con-
sidered as quodam moda vested in him for the benefit of his church

and his successors,! is not material here; the whole fee passed from

the crown, and could not be resumed at pleasure. The bishop of
Havana exercised spiritual jurisdiction over East Florida, and the

%church was by him duly consecrated. All doubt, then, about the

the validity of .the grant, even upon common law principles, must
be discarded. The power of the crown to make, and of the bishop

to receive, such grant, has always been recognized both by the

civil and common law. The principle of the common law, that no
general grant can take effect unless there be a sufficient grantee in

existence, has never, I believe, been extended to grants made to

congregations or churches, during the vacancy of their spiritual

heads; and had there been no bishop of East Florida when this

grant was made, it would not, I think, have been void for this

cause, by the strict rules of the common law.J
The king of Spain, then, in selling and delivering the church of

St. Augustine to a foreign power, without the consent of its clergy

or congregation, and without making compensation therefor, vio-

lated the laws of which he was the fountain head, and usurped the

property of his subjects. But this was no uncommon construction

of the royal prerogative. The history of Spain, for the last

thirty years, furnishes many similar instances; and the necessities of
the royal treasury have been such a fertile source of encroachments

upon the rights of the church, that she can hardly be said, at this

moment, to possess any temporal rights in Spain, independent of

the crown. Had Spain followed up the transfer of this church with

the usurpation of every church and monastery in her dominions^

and the toleration of every protestant creed, the See of Rome
would have been powerless to resist; and so rapidly has the church

in Spain been stript of its temporal power, that we shall not be

surprised to find it narrowed down, at no distant day, strictly to

matters of doctrine. § ,

The Unirted States, then, apart from the rights of Tpatronage, ac-

quired no title to this church from Spain, for she could convey

none; and it must be considered as if no such transfer had ever

been made, and be restored to the claimants. But, apart from the

* Litt. §646, 647, Co. Litt. 342, Com. Dig. Abeyance, a Com. Dig. Ecclesiastical per-

-sons, C.
'

t Co. Litt. 341, a Com. Dig. Ecclesiastical persons C. 9, Fearne, Cont. rem. 513, Chris-

tian’s note to 2d Black. Com. 107, note 3. Bar. Gilbert’s tenures, 113.

:}: If a man lay out a street for the public, there is, strictly speaking, no grantee of the
easement, but the grant takes effect by way of dedication to public uses. Lade\s. Shepherd^

2d Stra. 1004. So if a stranger purchase and put up a bell with his own money, the pre-

perty passes from him. Kyd. Corp. 29, 30. These ancient and well understood principles

were argued in a modern case before Lord ITardwicke, in which that learned judge did not

deny them. Atty. Gen. vs.'Foley, 1 Dick. R. 363. And it was held by Lord Ch. Justice

Dyer, that if the crown, by a statute, renounced an estate, the title was gone from the crown,,

although not vested in any other person, but the fee remained in abeyance. Com. Dig. Abey^

ance, A 1.
§ By the 14th section of the roydl degree of 27th September, 1820, published at Madrid.

12th October, 1820, churches, as -well as all other religious establishments, were prehibited

from acquiring any immovable property by any means whatever in the dominions of Spain.



145 [21 I

title of the claimants to this church on these grounds, the en-

lightened liberality of the American government, and that spirit

of equal justice which constitutes its strongest hold upon the af-

fections o-f its people, dictate such a construction of the fifth ar-

ticle of the treaty of 1819, as would effectually secure it to its

congregation.

The church of St. Augustine being thus awarded to its congrega-

tion, it is necessary, in answer to the sixth point submitted, to de-

termine which of the parties claiming is entitled to receive it; and

to this question I will address myself as briefly as possible.

The relations between the people and the heads of the Catholic

church in the United States, though readily understood by those at

all familiar with the ecclesiastical law, have never, so far as I have,

discovered, been judicially defined. In the church of St. Francis

of Pointe Coupie vs. Martin, 4 Rob. 62, and in the wardens of the

church of St. Louis vs. Blane, bishop, 8 Rob. 51, they were argued

to some extent by counsel, but only adverted to by the court.

I entertain no doubt, however, that the \vardens of the church of

St. Augustine are its legal owners, in their corporate capacity, and

that their authority, rights and duties are co-extensive with their

charter, (nj.) They are not accountable to the bishop for their
administration of its temporal concerns, among which are the cus-
tody, care, repairs, &c.

,
of the edifice, its grounds and dependen-

cies, and the allotment, curtailment, increase or cessation of a sal-

ary to their pastor. For the exercise of all and every powfer con-

-

ferred by their charter they are accountable to their congregation,

and to the congregation only; and this accountability may be en-
forced by the appointment of others in their stead.

The authority of the Holy See, its bishops and clergy, as such in

the United States, is exclusively spiritual. None other has ever
been recognized by their courts, except where the canon law has

been admitted by express legislation. It is supposed and urged

by the vicar general, that the great body of the canon law and the

decrees of the council of Trent govern this question, and must be

sustained by our courts; and that, by the canon law, the bishop is a

^•corporation sole,’’ and entitled to hold and manage the church

and its property for the benefit of his flock.

Assuming as a fact (though every reader familiar with this sub-

ject, knows to the contrary*) that all the decrees of this cele-

brated council, whose sessions, under the auspices of three different

popes, were continued from time to time through a period of

* The decrees of the Council of Trent were not adopted in France, as far as they res-

pected ecclesiastical discipline, and even Philip the Second, the most Catholic adherent of

the church of all the monarchs of Europe, received and admitted them with many modifica-

tions. If they had been permitted to operate in full force, the liberties of the State and the

prerogatives of the crown would have been, to a very great extent, dependent on the Papal

See. France adopted them so far as they laid down the rule of faith; but never has, to this

hour, adopted those relative to ecclesiastical liberties and franchises. The emperor Maxi-

milian II. refused to publish them or to obtain their sanction by the diet of the empire. They

claimed that all benefices were within the exclusive ^rant of the pope, and that the clergy

were only amenable to him. ^

10



146
[ 21 ]

eighteen years, were received and submitted to by the Christian

world. What application can they possibly have to the present

case, or what operation can they possess in this country, ^part from

the doctrine of the church? From the earliest ages of Christianity

may be dated the custom of calling together the followers of the

cross. Originally these synods confined themselves exclusively to

Uhe adjustment of controversies respecting discipline or doctrine,

-and one of the earliest was assembled at Jerusalem soon after the

.xrucifixion, and during the lifetime of four of the apostles, who

.participated in- its labors. But after the reign of Constantine, when

the Christians began to acquire property, and frequent donations

of heathen temples were made to their churches, these synods be-

;

gan to regulate their temporal as well as their spiritual concerns.

The council of Trent, celebrated as well for the piety, zeal, and

learning of its numerous members, and the pontiffs who reigned

tluring its sessions, and by the grave and important questions be-

fore it, as for its duration, was the last general council of the

^Catholic church
;
and with the onward movement of' the reforma-

tion in Germany, and the feverish state of Christian Europe dis-

turbing the harmony of its sessions, various canons prescribing the

punishment of spiritual and temporal offences against the holy

. church, were decreed. Who will undertake to say which of these
"must be received and which rejected by us? ^or how far and by

what authority they shall be applied? The ecclesiastical and

canon law had reference to one exclusive church, whose-teraporal

and spiritual welfare it guarded and perpetuated; and if we be go-

verned at all by it, we must take it as a body, and not assume to
discriminate. No argument, however, is necessary on the subject.
The w^hole body, so far as it regulates temporalities, must be re-
jected as totally inapplicable to the genius of our institutions and

repugnant to the principles of our government and the fundamental

Taws of the land. Our courts sit to determine civil rights, and to

Mdetermine them according to the established and well understood

laws of the country; and were they called upon to decide between

these parties to which of them the legal possession of this property

belonged, their judgment would, doubtless, be controlled by these

laws, without reference to the canons of the church.

It may, perhaps, be suggested that under the civil law the bishop

‘af the diocese was a corporation sole, endowed with al{ the real

‘property of the church, as persona ecclesia^ and alone capable of

transmitting it to his successors; and that their right to the free-

hold being thus established, could not be destroyed by the transfer

of*^ the country to the United States. The debates on the tenth

section of the first article of the constitution leave no doubt that

corporations^ created in the colonies of Great Britain, were embra-

ced within the prohibition upon the States from passing any law

^Umpairing the obligation of contracts;” and under this clause it

has been decided by the Supreme Court, that the charter of a private

corporation, whether civil or eleemosynary, is an executed contract

between the government and the corporators,- and that the legisla-

ture cannot repeal^ impair or alter it against the consent or with-



147 [211

-out the default of the corporation judicially ascertained and decla-

red. See Dartmoltth College v. Woodward^ 4 Wheat,

^

518; the

town of Pawlet v. Clarke^ 9 Cranch^ 292, 2 KenPs Com.^ 245, 246;

Green v. Biddle, 8 Wheat., 1 Dawsonh lessee y. Godfrey, 4 Cranch,

323: Terrett v. Taylor, 9 Cranch, 43; People of Vermont v. Socie-

ty for propagating the Gospel, 1 Paine C. C. R., 653.) It will be

observed, however, that in these cases, although the broad and ex-

alted principle that the 'dismemberment of empire does not destroy

the civil rights of individuals or corporate bodies, is fu.lJy recogni-

zed. A distinction is made between private corporations and those
which are public, cities, towns, &c.; and which, existing but forpub-

lic purposes, the legislature may modify or restrain, securing always

the property to the use of those for whom it was granted or pur-
chased. It will also be observed, that in separating from the pa-

rent country, the States adopted the common law of England, and
that the action of our courts upon corporations established in the

colonies by Great Britain, has interpreted the common la^v in con-
nexion with the constitutional prohibition, as if no such separation

had taken place.

The Catholic congregation of St. Augustine was incorporated by

the legislature of Florida in 1823, and an act of Congress of^the

8th of February, 1827, restored to it the church, which the war-

dens, elected under the charter, have continued to hold up to this

time. As the original grant to the church, by the crown, was made

for the benefit of the Catholics of St. Augustine at large, the legis-

lature may, without impairing the obligation of a contract, create

them a body corporate, and recognize the right of such body cor-

porate to control and administer its property.

The act of incorporation, creating the w^irdens, and the act of

Congress granting them the church, were conceded to the earnest

petitions of the Catholics of St. Augustine; and under the stipu-

lation in the fifth article of the treaty of 1819, pledging the United

States to offer ^^no restriction to the free exercise of their^ reli-

gion,” it may be doubted, not only whether they can' be deprived

of the admirristration of their own church and its property, but

whether, also, the legislature would not be rightfully bound upon

their petition to confirm and secure them in it. Deprive them of
' this power and confer it upon the bishop or vicar general, and

how would then stand their rights under the treaty guaranty? As

its sole temporal head, he would possess the undoubted right of

closing its doors upon its congregation; or of establishing and

maintaining amongst them a priest universally obnoxious to them;

or of increasing or curtailing the stipend of the priest, and dis-

posing of the income of the church generally, against their convic-

tions of propriety or policy. We must suppose, as a matter of
course, that the spiritual welfare of his people would be his chief

concern; and we are not authorized to infer that, because he might

possess these powers and many others, equally affecting the ^free

exercise^^ of religious duties in his diocese, he \vould necessarily

abuse them. But it seems evident to me that, to ^^enjoy the free

exercise of their religion without any restriction^^ the members of

V



148
[
21

]

the congregation themselves must possess these powers; and that

they cannot therefore be legislatively conferred upon the bishop

or vicar without disregarding this stipulation. The history of the

two Louisiana cases, cited in this award, shows how bitter may be

a controversy between a bishop and his flock where the adminis-

tration of the temporal affairs of the church is in question. In

one of these cases the bishop continued a priest in a church against

the wishes of its congregation and wardens. They remonstrated,

but he refused to make any other appointment. They then de-

clined to make any proA^ision for the payment of his salary, and

this gave rise to a legal controversy, conducted on both sides with

great obstinacy, during the course of which the wardens filed their

complaints against the bishop at length. See The wardens of the

church of St. Louis, of J\^ew Orleans v. Antoi'ie Blanc, bishop of

of JYew Orleans, 8 Rob. R. 51., and the congregation of the R. C.

church of St. Francis of Pointe Coupee v. Martin, 4 Rob. R. 62.

The legiclative power of the country have, I think, rightfully re-

cognized the right of the congregation to adj3Qinister the temporal

affairs of their church, and I feel no hesitation in deciding that the

church of St. Augustine be surrendered by the* United States to the

properly constituted ^wardens of said congregation, uncondition-

ally.

The convent of St. Francis, Bishop^s house, and the let of our
'

; Lady of the Milk.
,/

The vicar general and the wardens, though claiming this prop-

erty severally, for the bishop and the congregation of the church of

St. Augustine, trace their title to the same source, and unite gen-

erally in the same facts and arguments,. They agree and allege^

that it was originally a Franciscan monastery;,and that the Catholics

of St. Augustine are the rightful inheritors; the only question be-

tween them being, whether the bishop or the wardens are entitled

to hold and manage it for them.

I think there can be no doubt that this is the convent alluded to

in the patent issued to Ruiz, November 18, 1609, as that of the
^‘Conception of our Lady;” and that it was the principal establish-

ment of the monks of St. Francis in Florida; and as the claimants
trace their title to this order, it may be proper to state briefly its
origin and character.

The only evidence before m.e that this building ever was a con-
vent, or connected in any way with the church, (which connexion
is the foundation of the claim set up,) is derived from this patent,

the transfer by Puente in 1764, and the general recollei?tion of the

old inhabitants of East Florida.*

The foundation upon which this order was reared—and the fun^
damental pre-requisite for the admission of its members, in main-
taining which they endured a protracted persecution, and even

* See the patent Oi’’ Ruiz; and the evidence accompanying this report.



149 •
[ 21 ]

exile and death, was absolute penury; the expropriation of every

worldly profession.*

St. Francis, who was born at Assiri, A. D. 1146, was, at his bap-

tism, named John; but he was subsequently, from his proficiency

in the French language, called Franciscus.

In the year 1182 he proclaimed his mission from heaven, as-

sumed the habit of, a medicant, and declaring that the words of the

Saviour provide neither gold^ nor silver^ nor brass in your purses^

'nor scrip for your journey enjoined poverty as the very essence

of the Gospel, went about as a beggar, preaching penury and hu-

mility. His ardent piety, fearless zeal and startling doctrine, soon

gained him numerous followers; and Pope Innocent III. approved

the rising order. All preceding monastic societies had possessed

moveable and immoveable property, collectitely; the revenues of

which supported the individual members. { But ihe absolute ab-

negation of all and every right to property was the great rule of

the Franciscans, and the key to that influence which they rapidly

acquired, and exercised in so remarkable a manner, throughout

Christendom. Immediately after his death, however, in '1226,

Gregory IX. pronounced a mild interpretation of this rule, relax-

ing its severity, and authorieing and sanctioning the Franciscans,

as communities, in the enjoyment and possession of property,

moveable and immoveable, but reserving the legal "title of every

thing they might possess or acquire to the holy see. A bitter con-
troversy between the cfrder and the Pope was the immediately re-

sult of this decree, the Franciscans regarding it as a blow aimed

at their very existence; and after a struggle with Innocent lY. and

Nicolaus III., sustained by the Franciscan writers with great ability,

for more than fifty years, they succeeded in obtaining the constitu-

tion of the latter pontiff, in 1279, restoring them to their pristine

state- of happy-penury.§ But even this did not satisfy the more

rigid, the spirituals^ as they were called, who insisted upon the

letter of the rule of St. Francis, which, according to the commen-

tary of one of their most able writers,
||

permitted only the beg-

•
* See Baluze, miscellanea, Tom. IV, 490, Tom, VII, 3^2, Bonaventura, 1, C. Annales

minorum (by Lucas Wadding) vol. 1, wherein a perfect history of the order may be found;

Annales rainornm, Jose Maria Fonseca ab Ebora, published at Rome in 1731, Tit. Fran,
discus, Fratricellos.

t Matthew 10.

t Sir William Temple, in his introduction to Engli«h history, (p. 175,) says: that William

the Conqueror found above a third part of the lands of the kingdom in the possession of the

clergy; and Sir Robert Atkins, in his Gloucestershire, <p. 11,) says: that $28,000 knights’ fees

belonged to the clergy out of 60,000 in the whole kingdom. In the fourth year of the reign

of Richard the Second, (1380,) the commons made an offer in Parliament, to grant the king

£100,000, in the way of a poll tax, if the clergy, who occupied one third of the kingdom,

would grant 50,000. (Archbishop Wake’s Church and State, 312, 319.) As late as the 27th

year of Henry VIII., the clergy enjoyed the fourth part of the revenue of the kingdom.—

Prior to the reformation in England, the Pope granted several bulls and licenses to Henry

VIII., to suppress monasteries. The whole number of monasteries and other similar estab-

lishments suppressed and confiscated to the royal treasury by Henry and Cardinal Wolsey

was 3,182. (See Burn's Ecclesiastical Law, vol. 2, p. 540.)

§ Annales minorum, tom. v. p. 73, and Corpus Quiris Canonici, lib. VI, tit. XII., 1028,

and is commonly designated by its first word ‘‘ exit.”

U Peter John Olivia, also called Peter Beziers.



150
[
21

]

garly use t>f ihiugs necessary,* (pauperem rerum necessariarum,)

and the controversy was renewed, and continued as long as the or-

der existed.

Such were the Franciscans; and at no period of their existence

were they permitted to hold property. Like the Dominicans, they

were mendicants, and devoted to poverty; and, through a century

and a half, against persecution in every form, they maintained their

right of living and dying possessed of nothing.

Former monastic societies were, in fact, corporations, and among

the earliest corporations known to Christian Europe; but the Fran-

ciscans had no such' organization, and could own no property

individually or as a religious body. They were mendicant friars;

and, as such, we find them in the twelfth, thirteenth, and fourteenth

centuries, 'in China, Japan, the British islands, and North and

South America, as well as throughout the south of Europe, where

they not only preached and practised the expropriation of all and

every species of property, but sealed their rigid adherence to the

fundamental rule of their great founder with their blood.

The Franciscan friars who went out to the Indies enjoyed na

peculiar exemption from the observance of this rule, but went there

as mendicants, by the commands of the Spanish sovereigns, to teach

and civilize the natives. The cross and the sword were equally

the weapons of Spain in conquering and preserving her American

possessions; and the establishment of churches, monasteries, free

schools, and other eleemosynary institutions among the Indians w^ent

hand in hand with the conquest of their provinces. The king, by

right of discovery and conquest, and the express recognition of the

holy see, was the supreme head of its eclesiastical as well as of its

civil government; and he founded, endowed, and supported its

churches, monasteries^ schools, and hospitals,, and maintained its

priests and friars.

No bishop, priest, friar, or other churchman could go to the

Indies; live with, teach or say mass among the natives, or found

or establish any church, convent, ^or monastery without his express

license. By express provision of law, all convents or monasteries

founded or established there without the royal license were to be

destroyed by the civil authority of the province in which the)i

were. Convents and monasteries ^vefe erected, endowed, and

'supported out of the, royal treasury, by a well adjusted system,,

under the supervision and control of the crown alone. Alms of

oil, wine, flour, &c., and regular stipends of flioney, were given to

the monks and friars of the different orders; and all and every ex-

pense incurred in christianizing the natives was borne by the crown.

This sy’stem underwent some change about the middle of the six-

teenth century, when the expense of erecting convents and paro-

* The following is the rule alluded to, “ Fratres sibi nihil approprient, nee doraum, nee
locum, nec aliquara rera: sed sicut peregrin! et advenae in hoc saeculo, in paupertate et hu-

militate famulantes domino, vadant pro eleemosyna (i. e. must beg) confidenter. Haec est
ilia celsitudo altissirnffi paupertatis, quae vos carissimos meos fratres haeredes et reges

regni eoelorum instituit.



151
- [

21
]:

chial churches was thrown in part upon the natives and Spanish

citizens. Fut the king of Spain was the royal patron of the Indies.

To him belonged the power alone of suppressing convents and

monasteries, of forfeiting their revenues, or recalling their-

monks.

Whenever a monastic institution became extinct ^either by the ac-

tion of the royal prerogative^ or that of its own members^ its prop^

erty became vested in the crown. That the crown of Spain has

always exercised the right of suppressing monasteries and convents

in its American possessions, and disposing of them for the benefit

of the royal treasury, cannot be doubted. The latest instance of

the exercise of this right occurred in 1841, when the government

took possession of many of the largest and wealthiest in the island

of Cuba, and expelled the friars, allowing them a temporary and

seemingly inadequate provision.*

A brief reference to a few of the laws of the Indies may serve to
show how distinctly the details of the ecclesiastical establishment

were provided for by the crown.

Under the second title of the Nuer. Recop.
,
treating of the erec-

tion, endowment, and maintenance of monasteries and churches, the

laws on this subject will be found.

The second law recites having built all the churches, cathedral

and parochial, both of the Spaniards and the natives of our Indies

since their discovery, at the cost and expense of our royal treasury,

and applied to their service, and given the part of the tithes which

belong to us by apostolic concession, according to the divisions by

us made, and then proceeds to direct the manner in which

cathedral churches (seats of bishops) shall be built.

The third law declares that parochial churches shall be built at

the expense of the crown, the people and the natives; and the suc-

ceeding twenty-three laws are upon the same subject, and exhibit

the exclusive authority of the crown over it.

The third title regulates the establishment and maintenance of

monasteries, hospitals, and refuges for orphans. Convents could

only be built by the royal license, and they were required ho be a

certain distance apart. The number in the different provinces was

limited, and a bell, chalice, alms, &c., were to be furnislied to each,

^'he allowance to the Franciscans was always to be called alms,

and it was forbidden to call it a revenue, stipend or rent. The

viceroys of the different provinces were to see that pious houses

for the native women were established, in which they were to be
taught the Spanish language and the Catholic faith; and in which

they were forbidden to speak their native language, “that the fruit

of their good works might be felt throughout all the provinces.

The sixth title treats of the “royal patronage of the Indies.’’

The first law, entitled, “T4c Royal Patronage of the Indies per-

tains to the king and to his royal crown, and cannot be diverted

*
See the royal order, schedule 24^.

t See the copies of laws, schedule 22, 23.



152
'

[
21

]

from it in whole or in begins thus: ^^For^as much as the

royal eeclesiastical patronage pertains to us in all our estate of the

Indies, as well by having been discovered and acquired, and en-

dowed with churches and monasteries at our cost, and that of the

Catholic kings, our predecessors,’’ &c., &c., and proceeds to de-

clare that ‘Hhis royal patronage of the Indies, one and indivisible, is

forever reserved to us and our royal crown, and cannot be usurped

in whole or in part,” &c. “Neither by custom, prescription nor

other title, can any person or persons, ecclesiastical or secular

communities, churches or mongisteries, use this right of patronage,

unless it be a person in our name, and with our authority, for its

exercise; nor can any person, secular 'or ecclesiastical order, con-

vent, or religious community of any estate, condition, quality or

pre-eminence, judicial or extra judicial, on any occasion or cause

whatever, interfere with this right of patronage, &c., &c.

The second law, elititled, church or pious place shall he

erected without the license of the king^"^^ recites: “Inasmuch a§ it is

our intention to erect, institute, found and establish all the churches,

parochial and cathedral, monasteries, hospitals,” .&c., &c., “ lye

order that there shall not be erected^ constituted or founded^ any

churchy either parochial or cathedral^ monastery
^
hospital^'^ &c.,

&c., without our express license^ &c
,
&c.

The succeeding laws, to the forty-fourth, of the same title, all

treat of the royal ecclesiastical patronage; and provide, not only

for the erection, endowment, and maintenance of churches, &c.,

but of the number of priests and teachers, their examination, pre-

sentation, qualifications, duties, rights, liabilities, &c., &c. The.

forty-fourth law permits any private person who may desire to es-

tablish, endow and maintain any: monastery, church, or other pious

W’ork in the Indies, with the royal license to do so, and enjoy over

it rights of presentation. The other eight 15ws, under this title,

also treat of the rights of royal patronage.

The sixth title, law first, provides that every bishop and arch-

bishop, before taking possession of his ecclesiastical presentation

-in the Indies, shall take an oath before a public notary and wit-

'nesses to do nothing in contravention of the royal ecclesiastical pa-

tronage, and to conform in all respects to the laws of the, crown on^

that subject.

The laws under the fourteenth title, of which there are ninety-

three, regulate the rights and duties of the various orders of mis-

sionaries and monks, Franciscans and others, as well in the Indies

as in Japan and the Phillipine islands; and by these it may be

seen that no such person could go to or return from the Indies, or

perform any, religious office there, nor publish or proclaim any apos-

tolic breve, but by the authority of the crown.

A papal grant of the western world (Indies) was made to Ferdi-
nand and Isabella; and a papal grant of all the tithes, patronage, and

ecclesiastical benefices was subsequently made to the kings of Spain

by Alexander VI. and the second Julius; and from the time of

these grants the kings of Spain have exercised the rights of royal

patron, to the exclusion of the holy see, in the Indies. The popes



153
[
21

]

have at various times sought to exercise the right of presentation

to benefices, but such attempts have always been met and rebuked.

The captains general and governors of p'rovinces exercised these

rights, witbin their respective governments, as vice-royal patrons;

and even in Florida no churchman could exercise his functions

without express authority of the governors.*

When Spain ceded the property in question to the United States,
under the treaty of 1819, the rights of royal patronage were ceded

with it, and it was competent for the United States to transfer

them. So far as the church of St. Augustine was concerned, they

did part with these rights, and bestowed them upon its wardens.

It cannot be pretended that these rights, when the property was

ceded, reverted to the bishop of the diocese. They pertained to

the crown of Spain, and were exercised, at that time, immediately

and thoroughly by Governor Coppinger, of East Florida, as vice-

royal patron; and the bishop of the diocese could no more acquire

these rights from the crown, without a special grant, than he could

acquire any other royal prerogative without a grant. The bishop

could not exercise any of these rights before the change of flag;

and he could not, and did not acquire them by such change. At

no time, since the concordates of Popes Alexander and Julius, men-

tioned above, up to this hour, has the holy see even the privilege

of appointing a parish priest, in the western world, without the

permission of the crown; and the captains general of Cuba and

Porto Rico still continue, as they have heretofore been, the heads

of their ecclesiastical as- well as of their civil governments, and

their bishops still continue to be appointed exclusively by the

crown.

I have said that the estates granted by the king of Spain to mo-

nastic or other religious societies, upon the dissolution or civil

death of such societies, reverted to him; and in the exercise of the

royal prerogative he has suppressed such societies and sequestered

their estates in hundreds of cases. And this principle is well

known to the common law; for, upon the dissolution of a corpora-

tion, all its real estate remaining unsold reverts to the original

grantor; and the personal estate to the king, in Great Britain, and

to the people, in the United States. (Co. Litt., 13 b.; 1 Black.

Com., 484; 2 Kent Com., 247.)

-The Franciscan order-^was dissolved in all the Floridas by a royal

order in or about the year 1784, immediately after the treaty which

retroceded the country to SpairT went into effect. Hence no Fran-

ciscan society existed in the Floridas subsequent to that event;

and, if the convent at St. Augustine had previously belonged to

the order, it then became vested in the crown, which took actual

possession in 1792. Against this possession, which continued until

it was delivered to the United States, the church offered no objec-

tion. In 1797, we find Father O’Reilly, resident priest at St. Au-

gustine, claiming the bishop’s house as the property of his church.

See Rob. America, vol. 2, pp. 223, 224.



154
[
21

]

and protesting against its alienation by the governor; but although

the king’s troops were then in the convent, and had occupied it

for three years, he does not even allude to it. Is it probable that

he or the bishop of East Florida, in the impoverished state of this

portion of his episcopal charge, would have permitted the usurpa-

tion its most important possession without remonstrance, and

sanctioned, by his silence, its peaceable and continued occupation

by the crown for twenty-seven years, if any doubt about the

legality and propriety of that occupation had existed. I think not.

Such a course, at least, cannot be deduced from the general con-

duct of the heads of the Catholic church, who have ever manifested

a proper appreciation of their own duties and the just expectations

of their people. The exemplary industry with which the present

claim has been urged by the vicar general, from the moment he

discovered what he conceived to be a just title in the church to

this convent, and his consequent duty to present it—although it
has been occupied under the title derived from the crown fifty-four
years^ peaceably, and uninterruptedly—may afford an -indication of
what was the duty, and what would have been the course, of the

Spanish bishop, had he doubted the title of the crown.

But there is still another view in which this subject properly

presents itself.

The treaty of Paris, of I'/GS, by which Spain ceded theTIoridas

to Britain, fixed the term within which all public and private pro-

perty should be removed at eighteen months. Spanish subjects

were allowed to sell their property in East Florida, but only to

British subjects. All property not removed or transferred, accord-

ing to the terms of the treaty, became forfeited to Britain. Puentey

commissioned by Captain General Rida, went to St. Augustine in

1764 and sold to Fish and Gordon, two British subjects, a large

number of lots and tenements, the property now claimed included.

This was either a bona fide sale or a transfer in fraud of the treaty.

If a bona fide sale, then the property in question was gone from its

former Spanish owners, and their claims upon it ceased. But it

was not a bona fide sale, as the records show. (See the transfer

to Gordon and Fish, and their relinquishment.) It was made, not

in accordance with the spirit or the terms of the treaty, but in di-

rect violation and fraud of both. Fish and Gordon certainly ac-

quired no title by this transaction. They paid nothing for it, and

expressly say so. It w’as not sold to British subjects, therefore,

within the term stipulated by the treaty, but remained, to all in-

tents and purposes, as if no such sale had been made, and became

forfeited to and vested in the British government. That this ficti-

tious transfer was regarded neither by the Spaniards nor the Eng-

lish is abundantly evident.

The property consisted of the foundation and portions of the walls

of the parochial church (afterwards built by a gra4it from the crown

of Spain) in their first stages of construction; the convent, the lot

of our Lady of the Milk, and the house, or the walls of the house

(Governor White’s letter to Father O’Reilly, No. —
,

is the only^

testimony on its then condition, and he calls it ‘‘ancient walls”) of



155 [ 21 ]

the bishop. The British took possession of the latter, built upon

and enlarged it, (see Governor White’s letter to Father O’Reilly,)

and occupied it for government purposes, until they retroceded the

provinces to Spain, when they transferred it. The treaty of retro-

cession contained the stipulation relative to the removal of property

from the Fioridas which that of 1763 contained. By the third ar-

ticle, the public and private property of" the crown, and subjects of

Britain was to be removed within eighteed months from the pro-

vinces, otherwise it became forfeited to the crown of Spain.* A
large amount of 1‘eal estate in East Florida was abandoned by its

English owners, and became vested, under the article quoted, in

the Spanish government; and the property now claimed was thus

forfeited to the Spanish authorities, and if the church had ever pos-

sessed any title to it, or to any portion of it, that of the crown-

was now clear and unquestionable. About the time that the Brit-

ish were evacuating the province, they made several sales of real
' estate to Spanish subjects, but so watchful and jealous were the

Spanish authorities, that such transfers were declared fraudulent

and void, and the estates which they w^ere designed to convey were

forfeited. On the 8th of April, 1791, twenty-nine of the houses

and lots in St. Augustine, thus acquired by Spain, were sold at

auction in that city, pursuant to a royal order, because they were

in a dilapidated condition. The purchasers bought them on the

condition of paying for them in certain instalments, and repairing

them within one year. They sold for $14,248 5r. (See schedule

32.) The bishop’s house (a portion-of the property claimed,) was

taken possession of at once by the crown. The governor of East

Florida, residing at St. Augustine, authorized the services of the

church in the upper story, and the lower apartments were used for

stowing the king’s flour, for a provisional prison, guard-house, &c.

(See schedules 29 to 31.) The walls of this house were subse-

quently used by the Spanish authorities in building and repairing

other edifices. By a royal order of 18th of March, 1791, upon the

petition of certain inhabitants of St. Augustine, and the represen-

tations of the governor, authority was given him to restore to the

Spanish proprietors the estates which they had formerly possessed,,

excepting such as had been otherwise disposed of with the autho-

rity of the 'Crown. This order itself shows that the property left

by the Spaniards when they abandoned Florida in 1763, became

British property, and Spanish crown property by the retrocessioa

in 1783, notwithstanding the fraudulent transfer to Fish and Gor-

don; and that when this order was issued it had been in the crow^n’s

possession seven years. We have no information as to how many
of the old Spanish owners regained their property under this order;

but that it did not embrace any portion of the property now claimed,

appears to me to be evident. The king, of course, had the right of

* The right to cede a-way private properly is one of the attributes of sovereignty. Spain

and Britain exercised it in the treaties of 1763 and 1783. ^^The necessity of making peace

authorizes the sovereign to dispose of the property of individuals; and the eminent domain

gives him the right io do itJ’’ Vatlel, b. 4, c. 2, s. 12.



reserving all or any portion of it for public uses; it was all his;

the church had -not a shadow of a title to it. And he did reserve
the bishop’s house, as stated; the church made no claim to any

•portion of it.

In 1797 the parochial church was completed; and Father O’Reilly,

finding that the governor was about to dispose of the bishop’s

house, addressed him a letter, claiming it for the church upon the

ground that it had anciently belonged to it, and had again been

Tested in it by virtue of the royal order of 18th March, 1791. The

governor replied, that it'was crown property; and there the claim

rested, (see schedule 31.) The manner in ^vhich this .very claim

was set up by Father O’Reilly is significant of its weakness. It

will be observed, in the first place, that he made none whatever

until the lapse of thirteen years after the crown took posseession,

during the whole of which time it was regarded and used as crown

property; and that, upon the governor’s reply, that it was crown

and not church property, he made no further effort to obtain it. It

seems not a little remarkable, too, that he made no claim whatever

to the convent, although he knew that it was then held as crown

property, and had been occupied by the king’s troops several years

without reference to the church; yet the convent was the most

important possession of the two. The king’s troops took posses-

sion of the convent, as I have shown, in 1792. That Mr. O’Reilly

did not include the convent or the lot of Our Lady” in his
claim, is, of course, not conclusive evidence that his church had

none to this property; but it certainly furnishes a strong presump-

tion that none was then supposed to exist. My knowledge of, and
respect for, the piety, zeal, and firmness of the Catholic clergy,

preclude the idea that he omitted Jo urge the church’s claim from
^

any other cause than his own honest convictions that she had none '

to urge. The silence of all his successors on this subject, and the

great lapse cf time since this property was first occupied by the

party from whom the title of the United States is derived, would
alone be sufficient to throw much doubt about the light of the

claimants to recover it, even if their title were otherwise unexcep-

tionable; but when the relations existing between them and this

property are considered in connexion with this lapse of time and

adverse possession, there can be no doubt that, apart from every

other objection, their claims are barred by prescription.
‘

Prescription is a device of the civil -that boundless field in

which man’s intellectual strength has labored for two thousand

years in aid of human rights,' and to which the invocations of the

claimants’ counsel are so often and so earnestly addressed.

Civil law writers define it to be, that mode of acquisition

•whereby 07ie becomes proprietor of a thing on fhe ground that he

has for a long time possessed it as his own.^'*
^

This is either ordi-

nary prescription^ (usucapio or longi temporis, possessio, s. prescrip-

tio,) which is completed in three, ten, or twenty years; or extraordina-'

*
Kaufmann’s Makeldey, tit, prescription.



157
[
21 ]

ry prescription^ which is either limited to a certain, definite period,

{prescriptio 30 vel 40 a7inorum^ called prescriptio longissimi tem-

porisy) or is not limited, as immeinorial prescription, {prescriptio
'

immemorialis.)

Without reference to the requisites of ordinary, I will briefly state

these of extraordinary prescription. Things which cannot, under

the civil law, be acquired by the first may become vested by the'
last; and prescription of thirty or forty years, according to the

Roman law, takes place even where the requisites of ordinary pre-
scription (i. e., res hahilis Justus titulus) are wanting.

A term of thirty years, as a general rule, is necessary to estab-
lish extraordinary presciiptiorr

;
but, by way of exception, a term

of forty years is requisite to establish a prescription: 1st, of pro-

perty of the State or ruler; 2d, of immoveables belonging to

churches and charitable institutions; 3d, of things belonging to

cities, and 4th, of things for which a suit has been commenced but

not continued; in which last case the defendant cannot acquire the

thing in dispute until forty years after the last judicial act.—(See
Kaufmann’s Mackeldey, 292.) This is not only the Roman law
and the present canon law of Germany, but Spain has enforced it

by special enactment.—(See schedule 24.).
The peaceable occupation of this property (the convent, hishop^s

house and lot, and lot of our Lady) by Spain and the United States,

has continued uninterruptedly fifty-four years. The claimants suf-

fered Spain to enjoy quiet possession twenty-seven years, and then

to transfer it to the United States. Throughout this long period of,

fifty-four years they and their fathers have lived constantly in

sight of the convent; they have seen the United States twice re-

pair it at an aggregate expense exceeding sixty thousand dollars;

/ they were perfectly aware of its transfer to the United States by

Spain, and yet have never set up any claim or indicated any doubt

of the validity of the transfer. Their silence has nat been the re-

sult of their ignorance of all the facts governing their supposed

title, and they state no fact now relative to it w^hjeh was not
thoroughly within their control twenty-five years ago. They rely

mainly upon the grounds that the barracks anciently belonged to

. the church, and was still its property on the return of the Spaniards

to Florida in 1784; grounds that might possibly have been valid

with the crown of Catholic Spain, had they been suggested above a.

half century ago, but which are entitled to less consideration from

the United States at this distant day, and more especially as this

delay is wholly unaccounted for.

It is possible that the St. Francis barracks, the bishop’s house,

and the lot af our Lady of the Milk, may have been at one time

ecclesiastical property; though the evidence of this is by no means

conclusive. But, be this as it may, they were ceded to Great

Britain by the crown of Spain in 1763. Of the right of Spain

thus fp dispose of them, I /presume there can be no doubt. If

there be any persons who doubt such right, because they were church

property, I may safely refer them to the treaties of Catholic Europe,

and the practice under them fer two hundred years, and to the opin-



158
[
21

]

ions of established writers upon the subject. This property, thus

transferred to Great Britain by competent authority, became vested

in the crown of Spain in 1783. It was not restored to the church.

The church claimed but one portion of it, (the bishop^s house,)

and the Spanish authorities denied that the church had ever pos-

sessed it; and the position, therefore, that it was restored, andthat

with it were also restored the convent and the lot, which were not

claimed, is totally unfounded and gratuitous.

But, admitting that these positions are erroneous, and that the

claimants had exhibited a title, otherwise clear and unquestionable,

prescription would effectually bar it.

In the investigation of this case, I have carefully examined the

laws of the Indies; (a code constituting in itself an enduring mon-

ument to the wisdom of Spain;) the ordinances of the.first counsel

of the Indies; the royal orders and decrees relative to them;

many old chronicles and historical records upon the Franciscans,

in Florida, and its early church establishment and the ecclesiasti-

cal law, with the commentaries of some of its most able ex-

pounders. I also examined the archives at St. Augustine, and so

much of those in the city of Havana as relate to the Floridas, and

I have appended to this report the documents found there and to

which it refers.

I have given to the subject much patient investigation and all

the feeble ability I possess, and I am free to confess that I would

have been pleased if they had conducted me to a different conclu-

sion. As the result of my examinations, and in answer to the
points submitted, I award

—

1st. That the parochial Catholic church of St. Augustine is

righffully the property of its congregation, and that the w^ardens

representing the said congregation are entitled to receive it.

2d. That the St. Francis barracks, the lot of the bishop’s house,

the lot of our Lady of the Milk, are all and singular the property

of the United States; and that neither the congregation of the

church of St. Augustine, nor the vicar general of Florida, have

any right or title, in law or equity, to the same, or to any part

thereof.

All of which is respectfully submitted by your obedient servant,

S. R. MALLORY,
Arbitrator,

9Sn