Page:History of Southeast Missouri 1912 Volume 1.djvu/147

 HISTORY OF SOUTHEAST MISSOURI 87 — that on the south side for a German Cal- vanistie school, and that on the north side for a German Calvanistic chui-ch. "In like manner the two lots No. 13 in every fifth North street, and in every fifth South street throughout the city, shall be re- served and given for churches and schools, to be governed by such religious denominations as shall settle in New Madrid, on their re- spective plans. "All these lots, thus given, or reserved to be given are to be esteemed so many of these forty promised as before mentioned. "Every landing on the river opposite the city shall be equally free for all persons ; un- der regulation, however, of the magistrates of the police. "No trees in any street of the city, nor in any road throughout the country, shall be injured or be cut down, but under the direc- tion of the magistrates of the police, or an of- ficer of their appointment, who shall be ac- countable in the premises; and no timber in- jured or cut down in any street or road, shall be applied to private uses under any plea Avhatsoever. "The banks of the Mississippi, throughout the territory, including a space of four rods in breadth, shall be a highway and kept open forever as such ; and the trees growing there- in shall not be injured, nor be cut down, but by the magistrates of the police or their or- der, for the reasons given above in relation to other roads. "No white person shall be admitted to re- side in this territory who shall declare him- self to be a hunter by profession, or who shall make a practice of killing buffaloes or deer without bringing all the flesh of every carcass to bis own family, or to New ]Iadrid, or carrying it to some other market. This regu- lation is intended for the preservation of those animals, and for the benefit of neigh- boring Indians, whose dependence is on hunt- ing principally — this settlement being wholly agricultural and commercial, no encourage- ment shall be given to white men hunters. "No person shall be concerned in contra- band trade on any account. Care will be taken to instruct the inhabitants what is con- traband, that they may not oft'end innocently. "Every person having permission to settle in this territory shall be allowed to bring with him his familj', servants, slaves and ef- fects of every kind, but not to export any part thereof, deemed contraband to any other part of his Majesty's dominions. "Every navigable river throughout the territory shall be esteemed a highway ; and no obstruction to the navigation shall be made therein for the emolument of any person whatsoever. "No transfer of lands within this territory shall be valid unless acknowledged, and a I'ec- ord thereof be made in an office to be erected for that purpose in the district. This is meant to prevent fraudulent sales, and not to obstruct those made bonafide to any per- son whatsoever, being a Spanish subject. "All mortgages must in like manner be recorded at the same office for the same pur- pose ; the fees of the office shall be reasonable, and the books, with alphabetical tables kept of the buyer and seller, and of the mortgagor and mortgagee, shall be open for examin- ation. "The foregoing regulations and directions are meant as fundamental stipulations for the government and happiness of all who shall become subjects of Spain, and shall re- side in this Territoiy. Given under my hand at New Madrid this sixth day of April, 1789. George Morgan."