John Catron

“ It certainly has not been said or decided in the Supreme Court of Missouri, that a mere claim, without any shadow of right, could be enforced by Congress to the prejudice of an existing right and title-particularly such a right and title as that vested in the plaintiff in error. ”

“ It is submitted that precisely the same sound principle of construction ought to have been applied by the Supreme Court of Missouri to the case before the court, and it is contended that if it had been so applied, it would have led the Supreme Court to a decision in favor of the plaintiff. There could be no greater reason or justice for confirmation of a title to a piece of ground as common, which did not belong as common to a village, than for the confirmation of a lot which did not exist or did not belong to anybody on the 20th December, 1803. ”

“ They pledge themselves to exert themselves, but 'always without prejudice to the interests of any person.' They evidently never intended to deprive Pierre Chouteau of his property. They must all of them have been perfectly acquainted with Chouteau's land. The works executed by Chouteau and his ancient possession must have been notorious, and it is not to be supposed that the inhabitants of the village who were employed by Chouteau on his land, could have been ignorant of his claim to it. ”

“ The character and nature of the village right, in this country, is somewhat peculiar. The inhabitants of Upper Louisiana resided in villages, almost exclusively, and cultivated common fields, enclosed by only one fence; each person who cultivated the soil having assigned to him, by the syndic of the town, a certain portion of land to cultivate. In this manner the chief tillage of the soil was carried on; the other parts of the country being in the forest state.
The villages also required commons for pasturage for their horned cattle and horses, and for fuel and timber ”

“ The quantity included in the field, for pasturage, timber and wood, was regulated by the nature of the soil and timber, and accommodated to the wants of the inhabitants, and conceded at the discretion of the government, usually to very liberal extent.
As the principal support of the population was derived from agriculture and pasturage, the village commons were deemed of primary importance by the people and government, and as a common title more favored than individual titles in cases of conflict. ”

“ That the defendant having shown no title in himself, and no outstanding legal estate, the decision of the Supreme Court of Missouri, overruling a claim, right, and title derived from the Spanish government, guarantied by the treaty of cession and confirmed by Congress, is erroneous and ought to be reversed. ”

“ It is believed to be clear, upon principle and authority, that when an act of Congress of this character has passed, and nothing remains to be done by any officer of the government to convey the title, the title passes by the act itself, and no shadow of title remains in the government to be conveyed subsequently to another individual. ”

“ The lieutenant-governor of Upper Louisiana, (usually the military commandant,) made concessions for lands founded on such considerations as to him seemed just, and according to the policy of the province; ordered it to be surveyed by the public surveyor, who put the interested party into possession, pursuant to the lieutenant-governor's order, and delivered a plat of the survey to the party, in order that he might obtain a title in form from the general intendency at New Orleans ”

“ Tribunals have, from time to time, been established, to investigate the claims, with power in some instances, to decide on the merits of the claims upon the most enlarged principles of equity, and in other instances, with authority to report their opinions to Congress for its final action. The desire to have all the claims promptly settled, is shown in the provisions of the various laws imposing penalties on those who should fail to exhibit their claims for investigation within the times prescribed. ”

“ In this situation the United States found the country when they came into possession of it, in March, 1804, as the successor of France, or rather Spain, in virtue of the treaty of cession. So great has been the change by the introduction of a population with different habits, and modes of agriculture, that it is difficult to estimate at this day the former importance of the village common to the French inhabitants. ”

“ On the 9th of November, 1832, Chouteau presented his claim to these commissioners, who, on the 2d of November, 1833, unanimously determined that the claim ought to be confirmed to the said Peter Chouteau, or to his legal representatives, according to the concession. Before this decision was made, Congress, by an act passed on the 2d of March, 1833, had directed the commissioners to embrace every claim to a donation of land, held in virtue of settlement and cultivation. ”

“ Charles is not sufficient for their cultivation, we do permit them, provisionally, to enlarge the same according to their wishes, without insuring to them the right of property, which they are to apply for as above mentioned. And the provisional lines of the said augmentation shall be drawn by Captain Antoine Soulard, surveyor of Upper Louisiana, who is the only person authorized to survey under our orders. It being well understood that nothing shall be done to the prejudice of any person. ”

“ The lieutenant-governor, Don Zenon Trudeau, was pleased to grant to your petitioner an augmentation to the said tract of 30 arpens in depth, all which is proven by the authentic documents necessary to this object. The desire of profiting of the favor which the general government granted to all those who presented their titles to obtain their ratification, caused your petitioner to address those same above-mentioned documents to a friend at New Orleans, to whom probably they have not been remitted, since he could not effectuate their presentation ”

“ All the trees in the lines are blazed, with two notches below the blaze. The trees on the right and left of the lines are merely blazed. A. is a tract of land subdivided among several persons, and called the Cul de Sac lands. ”

“ All concessions and augmentations of property must be granted by the intendant of these provinces, on a petition which is to be presented by those persons claiming lands; but if the commons of the inhabitants of St. ”