Melville Fuller

“ All claims of every description whatever, whether arising under patents, grants, concessions, or orders of survey, were required to be submitted to the board of commissioners for confirmation, or to be submitted to Congress for final action, before their validity could be recognized, and all claims reported upon by the commissioners, whether founded upon a complete or an incomplete title, were subject to the provisions of the act of Congress of May 23, 1828, and barred in accordance with its provisions. ”

“ That June 19, 1795, the Spanish law in force in the Floridas vesting in the Spanish governors the power to make grants of lands was the royal order of 1790, under which Governor Quesada, Spanish governor of East Florida in 1795, required ten years of continued and uninterrupted possession before full title was granted to claimants, who upon petition had received a grant or concession and had been put in possession of lands, etc., etc. ”

“ That in June and July, 1888, the state of Florida applied to the land office at Gainesville to enter certain portions of land at the north end of Anastasia island under the act of June 8, 1880, as vacant and public land, but because there was on file at the land office a letter from the Commissioner dated March 7, 1887, advising that the island was claimed by Furman, and that the claim had not been adjudicated by the Land Department, the register and receiver rejected the selections of Florida, and the state appealed to the Commissioner ”

“ Mr. Justice White, delivering the opinion, said, among other things: 'Further, while it is reasonable to presume that any order or decree of the supreme executive of Mexico conferring authority to alienate the territorial lands or ratifying an unauthorized grant to the extent authorized by law was made matter of official record, the petition does not aver and the grant does not recite, nor was there any evidence introduced showing a prior authorization or subsequent ratification. ”

“ The pleadings, the evidence, and the master's report and opinion considered, we think that rights under the treaty were so far set up and relied on as to give jurisdiction to the circuit court, and to justify an appeal from its decree directly to this court. The record differs from that in Muse v. Arlington Hotel Co. 168 U.S. 430, 42 L. ed. 531, 18 Sup. Ct. Rep. 109, which fell short of affording adequate grounds for the maintenance of our jurisdiction.
This is a bill to remove clouds on title, and rests on complainants' alleged legal title, connected with possession. ”

“ On April 17, 1795, the assessor general, Ortega, who recites that he is 'advocate of the royal council, lieutenant governor, auditor of war, and assessor general of the city of Saint Augustine, Florida, and its province, for His Majesty, who signs it in consequence of the illness of the governor and commander in chief,' directed that the copy be put in continuation, and the whole passed over to the representation fiscal. ”

“ The answer stated 'that Anastasia island is a barrier of the sea, consisting chiefly of high sand hills blown in from the sea beach, covered with 'scrub,' a low growth of hard wood; that through the center of the northern part, in township 7, there runs north and south a ledge of coquina rock from one half to three quarters of a mile wide; that all the lands are barren and wholly unfit for any purpose whatever save seashore residence, and of no value apart from their proximity to a city patronized as a winter resort ”

“ That if he does not obtain this favor he will consider himself the loser of the greatest part of his purchase, because the lands will not produce crops of any kind and a great number of the fruit trees have dried up, which is likely to occur to the balance of them. ”

“ The answer restated that the lands claimed by complainants to have been granted to Joseph Fish were never segregated from the royal domain, and were not measured, bounded, or platted or otherwise located by official survey, and could not be identified by natural boundaries. ”

“ Register of claims to land exceeding 3,500 acres in East Floriwhich are founded on patents or royal titles derived from the Spanish Government, and which in the opinion of the commissioners are valid. ”

“ The adjacent islands dependent on said provinces, all public lots and squares, vacant lands, public edifices, fortifications, barracks, and other buildings, which are not private property, archives and documents, which relate directly to the property and sovereignty of said provinces, are included in this article. ”

“ It was further enacted by § 6 'that all claims to land within the territory of Florida, embraced by the treaty between Spain and the United States of the twenty-second of February, one thousand eight hundred and nineteen, which shall not be decided and finally settled under the foregoing provisions of this act, containing a greater quantity of land than the commissioners were authorized to decide, and above the amount confirmed by this act ”

“ He also found that 'on August 31st, 1823, Sarah Fish presented her memorial to the board of commissioners appointed by Congress to investigate as to land claims in East Florida, claiming title to the island of St. Anastasia under the grant to Jesse Fish in 1795, aggregating 10,000 acres of land ”

“ United States Mr. Justice Catron, referring to the case of Arredondo, said: 'That proceeding was founded on a perfect title, having every sanction the Spanish government could confer. It was brought before the courts according to the 6th section of the act of May 23, 1828, which embraced perfect titles, and was only applicable to suits in Florida.'
The cases of United States v. Arredondo, 6 Pet. 691, 8 L. ed. 547; United States v. Percheman, 7 Pet. 57, 8 L. ed. 607; United States v. Clarke, 8 Pet. 436, 8 L. ed. ”

“ Report of commissioners to the Secretary of the Treasury, January 31, 1826, transmitting claims and titles examined and disposed of, class 3 comprehending 'claims exceeding 3,500 acres, the titles to which were found among the public archives of the country, and are ascertained by the commissioners to be valid Spanish grants, and reported accordingly to Congress for confirmation.' 4 Am. ”

“ United States, 170 U.S. 637, 42 L. ed. 1174, 18 Sup. Ct. Rep. 735. The question involved in that case was whether the territorial deputation of New Mexico had authority to make the grant in controversy. ”