Tuesday, January 03, 2017

It appears that Major Farmar finally accepted the fact that Dauphin Island was not to be his but that did not stop his daughter from investigating the chances of recovering the island from the Spanish in 1800 and later "the heirs of Major Robert Farmar" to attempt on multiple occasions from 1813 until 1834 to attempt to secure private land claims for Dauphin Island from the land commissioners of the U.S. Congress. Finally on January 1, 1834, Commissioner William Crawford reported to Congress that the Farmar heirs had forfeited their claim to Dauphin Island and "do not appear to be entitled to confirmation under any law of the United States."


LACOSTE COURT (pronounced La-coast)
named for some of the early settlers and large land owners on Dauphin Island who held their title from a Spanish land grant. http://www.genealogy.com/ftm/w/e/e/David-A-Weeks/WEBSITE-0001/UHP-0286.html  FROM THE PRECEDING LINK: "On December 5, 1783, a Spanish grant was recorded to Joseph Moro/Moreau. At his death he willed this to his niece, Euphrosie Lemé/ L'May. A patent from the United States to Augustin LaCoste, her son, dated May 22, 1838, covered 2264.12 acres of Dauphin Island. Later portions of this were sold to Garrow, Brown, Lyon & others."
[ The origin of all modern day legal land titles on Dauphin Island originate with a Spanish re-grant of British title to the island which was allowed by the provisions of a treaty ending THE AMERICAN REVOLUTION.
From Hamilton's COLONIAL MOBILE, page 263:
"This is the first instance in these records of re-granting what had been British property. The Versailles treaty of peace of September 3, 1783, was to allow eighteen months for British subjects to sell and leave, and the time was extended six months longer ; but this treaty was not yet concluded. While West Florida was Spanish in fact, the war continued elsewhere until that treaty recognized the independence of the United States, and at the same time confirmed East and West Florida to Spain.

The most prominent re-grant was that by Governor Grimarest of Dauphine Island to Joseph Moro, the origin, in fact, of the existing title to that historic spot. Moro's petition of July 31, 1781, is dated at New Orleans, and says that he is an inhabitant of that city. Galvez the next day directs Grimarest to investigate the matter, and if the land is vacant to put Moro into possession and return the proceedings made out 'in continuation' with the commission, — a substitute for the endorsements on original papers by officials in our practice. September 21 of the same year there was a report by Charles Parent, Orbano Demouy, Dubroea, and Louis Carriere, who had been called on for evidence.

For some reason the matter was held up over two years, until after peace was declared; for Grimarest's concession to Moro bears date December 5, 1783, after J. B. Lamy had made a settlement in the centre of the island. In 1785 we find the king maintaining there a pilot and four sailors at an expense of $696.00."] 



GENERAL JAMES WILKINSON CLAIMED HE HAD BEEN DEEDED ALL OF DAUPHIN ISLAND BY JOHN FORBES AND COMPANY ON MARCH 29, 1806 DURING THE SPANISH REGIME AND HE CLAIMED AMERICAN TITLE AFTER HE RAISED THE AMERICAN FLAG OVER MOBILE ON APRIL 15, 1813. Forbes bought the island to give to Wilkinson because Wilkinson had helped Forbes get some of the money owed his company by the Choctaws. (Both John and James Innerarity were employees of JOHN FORBES AND COMPANY. James ran the company's business in Mobile and John ran the headquarters in Pensacola.)

SEE "No. 14" on PAGE 499 of AMERICAN STATE PAPERS, PUBLIC LANDS, VOLUME 5 where representatives of his estate were denied title by the American land commissioners in 1828 because the commissioners questioned the legality under Spanish law of the owner prior to Forbes gaining his title from Galvez who claimed ownership of Dauphin Island by right of conquest.
http://memory.loc.gov/cgi-bin/ampage?collId=llsp&fileName=032/llsp032.db&recNum=519

From AMERICAN STATE PAPERS, Public Lands, Volume 5, pages 498 and 499:

Abstract of claims to land in that part of the former land district of Jackson Court-house which lies within the State of Alabama, presented to the commissioners, appointed under the act of Congress of March 3, 1827 "An act supplementary to the several acts providing for the adjustment of land claims in the State of Alabama" founded on orders of survey, requetes, permissions to settle, or other evidences of claim, derived from the French or Spanish authorities, and, in the opinion of the commissioners, not entitled to confirmation

#14
By whom claimed: Legal representatives of Jas. Wilkinson
Original claimant: Joseph Moreau
Nature of claim: Transfer before the commandant
Date: March 20, 1806
By whom claimed: Bernardo de Galves
Quantity: unknown
Where situated: Dauphin Island, mouth of Mobile Bay
Survey: unknown
Inhabitants and cultivation: from- occupied some time in the year 1813
                                                  to- unknown



The U.S. commissioners reasoning for denying title to Dauphin Island to the General James Wilkinson estate:
"#14. The transfer, before the commandant, from the devisee of the original claimant to Forbes and Company, merely states that it was obtained as a donation from Galves, the conqueror of it, and does not recite the date or any of the circumstances attending it. The commissioners are not advised of any power in Galves, merely as conqueror, to grant the soil. If such power existed, the purchase by Forbes and Company on March 29, 1806, solely for the use and benefit of General Wilkinson, as alleged by their conveyance to him, who was not a Spanish subject, is believed to have been in violation of the Spanish laws relating to lands."

Since his Daddy claimed to have owned all of Dauphin Island since 1806, it makes sense that Captain James B. Wilkinson (husband of Federal judge Toulmin's daughter) would die there.  

Capt. James B. Wilkinson, son of Maj. Gen. James Wilkinson and Toulmin’s son-in-law, died on Dauphin Island on 7 Sept. 1813 (Thomas Robson Hay, “Some Reflections on the Career of General James Wilkinson,” Mississippi Valley Historical Review 21 [1934–35]: 475–76 n. 5; Carter, Territorial Papers, Mississippi, 6:438). 



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