Samuel Freeman Miller

“ As the grant to the states of the swamp land within their jurisdiction was a gratuity, although accompanied with a trust for the reclamation of said land, it is not easily to be supposed that congress intended to be thus generous at the expense of parties who had vested rights in any of the lands so donated, derived from the United States. It would be a matter of considerable doubt whether such an inference, that congress intentionally violated its contract, would be indulged, if there were no words of reservation in the statute. ”

“ There does not seem to be any doubt that the land in controversy was swamp land, within the meaning of the act of congress, and, if the location by Uthe of his land-warrant did not create a right to the land which excludes it from the grant to the state by congress, the plaintiff, Gertrude, had no title and the defense should have been sustained. ”

“ The first objection taken to the claim of Uthe was to the introduction in evidence of the certified copy of the records of the land-office of the United states at Washington concerning the location of the land-warrant by Uthe. This transcript is certified by L. Harrison, acting commissioner of the general land-office, under the seal of his office, and contains the various acts of the register and receiver of the land-office at Chicago, and of Uthe, in regard to the location of the land ”