Peter Vivian Daniel

“ She might, if still sovereign, notwithstanding her treaty stipulations with France, have ceded the entire territory to some other nation. That the government of Spain never supposed that any sovereign authority was retained by it after the cession to France, is apparent from the character of the treaty itself, and of the acts of the Spanish government carrying that treaty into effect. ”

“ Ildefonso in 1800, and doubtless Congress meant, by designating the 10th of March, 1804, as the limit of inquiry, to admit the equity of all legal grants made by the authorities in possession, and even all inchoate rights originating prior to that day.
It cannot be possible that Congress designed by the act of 26th May, 1824, to submit grants, &c., made by Spain prior to the 10th of March, 1804, to the jurisdiction of the courts, merely to decide that Spain had no title to make such grants. ”

“ So far as the acts of the king of Spain are to be considered in connection with the territory and its inhabitants ceded by him, he appears to have committed both to those practices and to that discretion which obtain in civilized communities, wholly uninfluenced by any pledge or condition exacted by himself. ”

“ Lee, the court confirmed its former decision, except so far as it was changed by the production of the Spanish copy of the treaty of 1819. We became proprietors of Louisiana in October, 1800. Consequently, all subsequent Spanish grants are void, like the grant now before us. The court below confirmed this grant, upon the ground that the act of Congress of 1824 imparted validity to it. This is the only question now to be argued; all the rest is settled law. ”

“ The petitioner goes on to allege, a survey made and returned by the duly authorized officer of the Spanish government, on the 19th day of November, 1803; payment of the purchase-money, on the 30th of December, 1803, and the emanation or issuing of the grant to the father of the petitioner, on the 2d of January, 1804. In support of the petition there are made exhibits, the certificates of the deputy and principal surveyors, Pintado and Trudeau, and the grant from Morales to the father of the petitioner, for the land in question ”

“ We are unable to perceive any addition made by the latter act to the intrinsic strength of the claims allowed to be prosecuted, or any dispensation from proofs of their bona fides, or of a single condition prescribed in relation to their origin and character by the act of 1824. ”

“ That the ordinary judges may, together with the established tribunals, continue to administer justice according to the laws and customs in force in the colony. That the inhabitants may be protected in the peaceful possession of their property. ”

“ If, therefore, the treaty be regarded as sepaking from the exchange of ratifications, then our order of survey was expressly protected, being dated on 1st September, 1803, as recited in the return of survey and appraisement and delivery. These recitals are evidence. ”