John Marshall

“ The object of the argument on the part of the United States in this case, will be rather to lay before the court such views of the nature and extent of the titles set up in the cases which are before the court, by appeal from the district of Missouri, as are applicable to all these cases; than to resist the present case, which appears to be founded on equity, and in which, unless the documents are not genuine, or the court shall be compelled by some strict rule of law, the court will reverse the decree of the district court. ”

“ In order that he may comply with his contract, your worship will put him in possession of the land he may solicit, for the exploration, benefit and enjoyment of the mines; for which purpose he is to present a memorial directed to me, and which your worship will transmit, that I may give him the corresponding decree of concession, being understood, in the mean time, your worship will put him in possession. God preserve your worship many years. ”

“ As to the first point presented by the counsel for the appellant, it is necessary to explain what is intended by the United States, when it is said this is not a valid concession. It is denied that the lieutenant governors of upper Louisiana had a right to grant land in upper Louisiana. Although the commandant of St Louis and St Genevieve might not have been subordinate in other matters, yet he was, in reference to the grant of lands, subordinate to the governor-general of Louisiana, and in some respects subordinate to the governor-general of Havana. ”

“ It has been finally settled that a claim for lands, founded on and conformable to the laws of Spain, if of such a character as that, by the laws of Spain, it would have ripened into a perfect title, will be confirmed by this court. ”