Stephen Johnson Field

“ If there was any difference in the grade of the two conveyances of the government,-that by a direct legislative act, and that by officers acting under provisions of the statute,-it would seem that there should be greater weight and dignity attached to the legislative grant as proceeding more immediately from the source of title than the patent. No impeachment can be had of the motives of the legislature, whereas the motives of officers employed to supervise the alienation of public lands may sometimes be questioned, as in proceedings to set aside their action. ”

“ On the second trial, the judgment in which is now before us for review, no proof was offered of the military occupation; the plaintiffs relying upon the patent to Grignon, and the defendant upon the legislative confirmation of the claim to Gardapier, which operated to perfect his title to the tract named, including the premises in controversy, if it were not excepted by its occupation by the United States for military purposes. Such an exception, if it existed, should have been established by the plaintiffs, whose right to the premises depended upon its existence. ”

“ The act also made it the duty of the register of the land-office at Detroit to issue to the claimants certificates, upon which patents were to be granted by the commissioner of the general land-office. ”