Melville Fuller

“ But that is far from deciding that all power in the land department to inquire into frauds or errors in the surveys was taken away, and all frauds upon the government in such surveys condoned. It was merely a decision that, as the identification by the surveyor general of the land as swamp land had not been challenged for fraud or mistake, it was binding on the question of title, and the approval by the secretary of the interior and the issue of the patent were simply ministerial acts. ”

“ At any rate, it is not to be presumed that all surveys in all the states were fraudulen or erroneous, and it would require very clear and direct language before the intent could be imputed to congress to ignore the existence of alleged frauds and errors in the one state, and to confirm titles to lands in that state, based upon such fraudulent or erroneous surveys, and thereby enlarge, perhaps, very materially, the amount of the grant to such state. The language of the act does not compel any such conclusion as to the intent of congress. ”

“ It was not an act to enlarge the grant of 1850. It was not an act to oust the land department of its ordinary jurisdiction to inquire into and ascertain what were swamp and overflowed lands, but was an act confirming and ratifying the methods thus far pursued. Congress must have been aware of the fact that there were charges of fraud or mistake in reference to the surveys in the state of Michigan. It had appropriated large sums for resurveys. They had partially been made, and mistakes, if not frauds, had been found. ”