Henry Baldwin

Name: Ladiga v. De Marcus — Opinion of the Court
Author: Henry Baldwin

Ladiga v. De Marcus — Opinion of the Court

Summary

“Ladiga v. De Marcus — Opinion of the Court”, is a work by Henry Baldwin. It explores elements such as the United States, treaty and selections.

Quotes from Ladiga v. De Marcus — Opinion of the Court (Henry Baldwin)

Henry Baldwin, Ladiga v. De Marcus — Opinion of the Court

“ We cannot seriously discuss the question, whether a grandmother and her grandchildren compose a family, in the meaning of that word in the treaty, it must shock the common sense of all mankind to even doubt it. It is as incompatible with the good faith and honor of the United States, and as repugnant to the Indian character, to suppose that either party to the treaty could contemplate such a construction to their solemn compact, as to exclude such persons from its protection, and authorize any officer to force her from her home into the wilds of the far west. ”

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Source: Wikisource

Henry Baldwin, Ladiga v. De Marcus — Opinion of the Court

“ The plaintiff asked the court further to charge the jury: that if the plaintiff was entitled to select a half section of land, under the treaty aforesaid, as the head of a Creek family, duly enrolled as such, and the selection could have been so made, and was so made, as to include her improvement within the selection; that in such case the treaty itself located the plaintiff; and if the government, with a knowledge of such selection and location, exposed the land to sale, or reserved it for other purposes, such sale or disposition could not prejudice the right of the plaintiff. ”

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Source: Wikisource

Henry Baldwin, Ladiga v. De Marcus — Opinion of the Court

“ No authority is given to the President to direct the selection of the twenty sections for orphans, on or out of those made by the chiefs or the heads of families, or those sections which the tribes may assign under the sixth article; all the lands so selected or located are placed beyond the power of any officer, consistently with the obligatory engagements of the treaty on the United States. In directing the selections for orphans, the treaty did not intend, and cannot admit of the construction, that they might be made on lands selected according to the first part of the second article. ”

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Source: Wikisource

Henry Baldwin, Ladiga v. De Marcus — Opinion of the Court

“ The provisions of the treaty were progressive-that relating to orphans is entirely prospective. 'It is a principle which has always been held sacred in the United States, that laws by which human action is to be regulated, look forward, not backward, and are never to be construed retrospectively, unless the language of the act should render that indispensable. ”

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Source: Wikisource

Henry Baldwin, Ladiga v. De Marcus — Opinion of the Court

“ The United States engage to allow ninety principal chiefs to select one section each.
2. And every other head of a Creek family to select one half section each, which tracts shall be reserved from sale for their use for the term of five years, unless sooner disposed of by them. A census is to be taken of these persons, and the selections are to include the improvements of each person within his selection. ”

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Source: Wikisource

Henry Baldwin, Ladiga v. De Marcus — Opinion of the Court

“ IV. At the end of five years all the Creeks entitled to these selections, and desirous of remaining, shall receive patents therefor in fee-simple from the United States.
'Art. V. All intruders upon the country hereby ceded, shall be removed therefrom in the same manner as intruders may be removed by law from other public land until the country is surveyed, and the selections made; excepting, however, from this provision, those white persons who have made their own improvements, and not expelled the Creeks from theirs. Such persons may remain till their crops are gathered. ”

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Source: Wikisource

Henry Baldwin, Ladiga v. De Marcus — Opinion of the Court

“ Another patent or grant from the government of the United States, similar in all its form to that above named, and containing like recitals, bearing the same date and properly authenticated, conveying the north-east quarter of said section to Richard de Marcus Roland, was offered and read to the jury. ”

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Source: Wikisource

Henry Baldwin, Ladiga v. De Marcus — Opinion of the Court

“ Upon the certificate of the Supreme Court being produced in the Circuit Court, on the second trial, judgment was given for the defendant; which judgment was subsequently affirmed in the Supreme Court of the state. ”

Henry Baldwin

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