Melville Fuller

“ We entirely agree with the holding of the court of private land claims, as indicated by their decree, that the act of possession, the alcalde's report, and the governor's decree, taken together, show that the only title which was passed on or intended to be passed on was to the various allotments which were actually made. ”

“ It is also said that congress has repeatedly confirmed similar grants; but the fact that congress may have thus disposed of the public lands, in its discretion, cannot operate to justify the court of private land claims in adjudication in a case not coming within the terms of the law of its creation. ”

“ Whatever the judicial authority of this officer, his action did not amount to an adjudication that those who were living on the grant, or who went there in 1806 or 1808, were the absolute and unconditional owners of 475,000 acres of land, and, indeed, he seems to have been of opinion, not only that the unallotted lands were subject to disposition by the government, but that the proper authority to make such disposition was the territorial deputation. ”