John Catron

“ In addition to what has been said in answer to the argument, it may be remarked, that the New Madrid sufferers were preferred claimants; like others having a legal preference, they had a right to buy, so soon as the officers of the government had by law the power to sell; and sales could be made founded on public surveys. It could not have been intended by Congress that the sufferer should surrender his injured claim, get his warrant from the recorder, and then be compelled to wait until after the public sale, which might sweep all the lands out of which he could obtain a new home. ”

“ Now, it really seems difficult to comprehend on what principle a New Madrid locator could treat as land authorized to be sold, and as public land, that very land which the President of the United States was forbidden so to treat. ”

“ On the 20th of May, 1824, Congress passed an act 'enabling the claimants to lands within the limits of the state of Misouri and territory of Arkansas to institute proceedings to try the validity of their claims.' It allowed any persons claiming lands under old concessions or surveys, under certain circumstances, to present a petition to the District Court of the state of Missouri, which court was authorized to give a decree in the matter, reviewable, if need be, by the Supreme Court of the United States. ”

“ That if the existence of a genuine Spanish order of survey should be assumed, as against the defendant in error, all claim under it was barred by the acts of Congress.
3. That if the existence of such order of survey should be assumed, whether the claim under it were barred or not, the confirmation of the claim is, by the act under which it was obtained, expressly postponed to the Lafleur title.
4. That the patent of Lafleur is the better legal title, unless there is some defect that renders the patent void. ”

“ The 3d section of the above act of 1818 provides, that whenever a land-office shall have been established in any of the 'districts for the land-office' created by the 1st section, the President shall be authorized to direct so much of the lands, lying in such district as shall have been surveyed according to law, to be offered for sale, with the same reservations and exceptions, and on the same terms and conditions, in every respect, as was provided by the 10th section of the act of 1811. ”

“ Here is an application for the location of a tract of land, bounded on three sides by known Spanish surveys, and to run to a point in the line of another Spanish survey. The only new line to be run is that on one side, which is necessary to fix the quantity. A survey is made under that application calling for the townships and ranges, which shows that the survey was not made before the United States' surveys. ”

“ The act of 1805 does govern the future legislation, interposing a bar. By section 4, French or Spanish grants made and completed before the 1st day of October, 1800, might, or might not, be filed; as the treaty of 1803 confirmed them, they needed no further aid: But complete confirmed them, they the 1st day of October, 1800-and incomplete titles, bearing date after that time, 'shall be filed,' says the act. Mackay's claim is of neither description; it was an incomplete title; being a permit to settle and warrant of survey, without any settlement or survey having been made ”

“ Those grants and orders of survey, made by the lieutenant-governor of Upper Louisiana, of which the Supreme Court of Missouri speaks with such contempt, constituted property, and imparted a right of property, just as much as a complete title could do. ”

“ Accordingly, we find that, by various acts, the time of filing such claims is limited, after which they are declared void, as far as they depend on any act of Congress, and shall not be received in evidence in any court, against any person claiming by a grant from the United States. ”

“ Then the recorder was bound to issue the 'patent certificate,' above spoken of, in favor of the party, which, being transmitted to the commissioner of the general land-office, entitled the claimant to a patent from the United States.
By the foregoing instructions, patent certificates, previous to the public sales, were contemplated as due to claimants for lands entered but not previously offered for sale; and we cannot doubt did exist in large numbers. ”

“ The object of this inhibition was, manifestly, that the system of surveys should be fully established, and the sales and entries in the land-offices should conform to the sectional divisions and sub-divisions. ”

“ For the reasons assigned, the court was of opinion Pettier's claim would have been valid, had Stoddard's not been interposed. It also lies in township No. 45. So our opinion is, that Lafleur's claim was rendered valid by the act of 1822, unless it can be overthrown by the interposition of Mackay's.
2. This raises the inquiry into its validity in opposition to Lafleur's. That, standing alone, Mackay's was valid against the United States, is in effect decided by this court in Pollard v. ”