Court : US Supreme Court
..... no imputation upon the authenticity of the grants occurs in any of the reports or acts of the government, but in the various reports of the boards of inquiry they have been treated as genuine, resting upon just considerations and entitled to confirmation from the equity of ..... was executed in december, 1795, with the same ceremonial that was employed about the order upon the la nana grant, and the act recording the transaction was placed in the protocol of the post. ..... described in the petition contains six leagues square on the river sabine, the center of the western line being opposite to the indian crossing place of that river. ..... an appeal from the district court of the united states for the eastern district of louisiana under the acts of 1824 and 1844 so often referred to in cases previously reported. ..... its jurisdiction under the act of 1844 is merely to supply the deficiencies in the titles, which were in their incipient state at the termination of the ..... having been done in the present case, the title was imperfect, although the petition alleges that it was perfect, and the district court had jurisdiction under the acts of 1824 and 1844. ..... " the act of possession was returned to the commandant, who directed "that it should be placed in the protocol of the post to serve as evidence of the same, and that a certified copy should be given to the ..... cases, the grants had defined metes and bounds, and the grantees were placed in possession by a public officer and exercised many acts of ownership. .....
Tag this Judgment!Court : US Supreme Court
..... fair interpretation of the second member of the first sentence of that section is that ships coming from foreign ports into the united states were not to be permitted to land any part of their cargoes in any other than in a port of delivery, confined then to the ports mentioned in the act, afterward applicable to all other places which might be made ports of entry and delivery, and excluding all right to unlade in ..... cause, the jury shall find that between the 3d february, 1848, and 12 november, 1849, the plaintiffs were allowed by the defendant to enter their said foreign goods and vessels at another port of the united states within a collection district, and thereafter to land the same at san francisco without further exaction of duties, and that the plaintiffs neglected so to do, and elected to ..... proper to insert the following extract from a letter written by him to the war department on the 14th of august, 1848: "in like manner, if all customs were withdrawn and the ports thrown open free to the world, san francisco would be made the depot of all the foreign goods in the north pacific, to the injury of our revenue and the interests of our own ..... against, the collector refused to receive the duties under protest, and told the plaintiffs that they might enter their ships at some other port in the united states, and then discharge their goods at san francisco. ..... of the power "to regulate commerce with foreign nations, and among the several states, and with the indian tribes. .....
Tag this Judgment!Court : US Supreme Court
..... it seems to have originated between the dissenting commissioner and the secretary of the treasury, who were under the impression that the sixth section of act of 2 march, 1805, which required the government agent "to examine into and investigate the titles and claims, if any there be, to the lead mines within the said district, to collect all the evidence ..... afterwards, or to be precise, on the 22d of october, 1796, dubuque presented to the baron de carondelet, at the city of new orleans, his petition for a grant to him of the land which he alleges he bought from the fox indians, by his contract with them of the 22d of september, 1788, and their subsequent assent to the erection of the monuments upon the makoketa and tete des morts, as designations of the boundary of the land on the mississippi ..... the law 11, title 28, partida 3: "the returns from the port, salt works, fisheries, and ironworks, and from the other metals, belong to the emperors and kings, and all these things were granted to them that they might have wherewith an honorable establishment ..... if, as is stated, he kept all intruders from the land in its whole extent, claiming it as his property, and not permitting anyone to come upon it to trade with the indians, and keeping that trade for himself -- all of this with the acquiescence of the indians -- it is not probable that fears of their opposition to it prevented him from getting an order of survey, or from having run from the monuments the three lines which would have .....
Tag this Judgment!Court : US Supreme Court
..... the trial of such a title not being within the jurisdiction of this court upon this petition, according to the repeated decisions of this court and the plain terms of the act of may 26, 1824, under which we derive our authority, it seems equally clear that the questions whether there is any sufficient evidence that such a grant was made, or whether it could be located, or whether it embraced the premises in ..... his avowed object was to secure a denser population upon the margin of that river, especially above new orleans, with a view to protect the province against the incursions of hostile indians, and also against the border settlements of the english, in case of a war between great britain and spain. ..... in the first place, the title, as derived from duvernay, if still a subsisting one in them, is a complete and perfect one, and consequently not within the first section of that act, which confers the jurisdiction upon this court. ..... in the intermediate transfers and powers of attorney, found in the record, it is referred to as a plantation or concession, known by the name of "le dubuisson," the name of the first agent, or by the name of "bayou goula village," the name of an ancient indian village at that place on the river. ..... orleans in the spring of 1716, and immediately thereafter settled upon the tract; the settlement was known as the "bayou goula concession," the principal establishment being in the neighborhood of the village of the bayou goulas indians. .....
Tag this Judgment!Court : US Supreme Court
..... plaintiff is not precluded from recovering under the agreement aforesaid, dated 12 december, 1846, as modified by the agreement stated in the letter of 11 february, 1847, by reason merely of the second proviso contained in the first section of the act of 6 march, 1847, which has been offered in evidence, provided the jury shall find that the route, entering the ravine of the ohio river at the mouth of fish creek, and running so as to pass from ..... shall believe that the plaintiff received from the defendants the six hundred dollars given in evidence in full discharge of his claims for compensation under the agreement in question, then the plaintiff is not entitled to recover ..... but as we do not rely only on precedent to justify our conclusion in this case, it may not be improper once again to notice the argument used to impugn the correctness of our former decisions and also to make a brief statement of the reasons which in our opinion ..... principle of the common law that it will not lend its aid to enforce a contract to do an act that is illegal or which is inconsistent with sound morals or public policy or which tends to corrupt or contaminate, by improper influences, the integrity of our social or political institutions. ..... the pardoning power, committed to the executive, should be exercised as free from any improper bias or influence as the trial of the convict before the court; consequently the law will not enforce a contract to pay money for soliciting petitions or using influence .....
Tag this Judgment!Court : US Supreme Court
..... the 3d october 1845, the grant was approved by the departmental assembly as follows: "most excellent sir:" "the committee on vacant lands has ordered the expediente, formed at the instance of the indian, indigena, francisco solano, for the place known by the name of 'suisun,' and being satisfied that the proceedings had in the said expediente were sufficient for the purpose, that the superior government ..... 1821, a short time previous to the subversion of the spanish power in that country, in which it is declared, that "all the inhabitants of new spain, without distinction, whether europeans, africans, or indians, are citizens of this monarchy, with a right to be employed in any post according to their merit and virtues," and that "the person and property of every citizen will be respected and protected by the government. ..... to the deliberation of your excellency the following proposition:" "the grant made by the superior government of the department by a title legally issued, with the date 28th january, 1842, in favor of the indian, indigena, francisco solano, of the place known by the name of 'suisun,' and situated in the jurisdiction of sonoma, in accordance with the law of august 18, 1824, and article 5 of the regulations of november ..... they clearly are not essential to the removal of the cause, or perfecting of what is called the appeal, as the 12th section of the act of 1852 makes the filing of the transcript returned by the commissioners operate, ipso facto, as an appeal in favor of the .....
Tag this Judgment!Court : US Supreme Court
..... the 4th of august, 1824, between the united states and the sac and fox tribes of indians for a large cession of territory within the limits of the state of missouri and elsewhere, there was reserved the small tract of land lying between the rivers des moine and mississippi, and the section of the line of the treaty between the mississippi and the des moine, which is intended for the use of the ..... the complainants, in their bill, represent that elizabeth cardinell, alias elizabeth antaga, was a half-breed of the sac and fox nation of indians, and the sister of euphrasine antaga, and in her lifetime was entitled to one full original share in the above tract. ..... in 1834, congress relinquished all the right and title of the united states to the above land, and vested the title in the half-breeds, who, at the passage of the act, under the indian title, had a right to the same. ..... " "the title of the half-breeds of the sac and fox nations of indians appears by the treaty of august, 1824, and the act of congress of june 30, 1834. ..... on the 30th of june, 1834, congress passed an act relinquishing all the right and title of the united states to the above land, and vested the title in the half-breeds, who, at the passage of the act, under the indian title, had a right to the same. .....
Tag this Judgment!Court : US Supreme Court
..... that unless they believe from the evidence that bruce was legally appointed and commissioned as such indian agent, they will find for defendant, steele, and they are further instructed that the commission or a legally certified copy thereof is the highest and best evidence thereof ..... the copies of his receipts, or of the vouchers for the charge, would have given him no further information, and the acts of congress above referred to do not require them to be annexed to or accompany the account, but in plain and unambiguous terms makes the transcript ..... we see any reason for restricting the words of the acts of congress within narrower limits than the words plainly imply. ..... and the provision above mentioned in the act of 1797, in relation to transcripts from the books and proceedings in the treasury, is extended to the accounts of the war and navy departments, and the certificates of the auditors respectively charged with the settlement of these accounts, are to have the same effect as that directed in the former act of congress to be signed by the ..... to this have on several occasions come before the court and have all been decided upon the construction of the acts of congress above stated. ..... and the act of march 3, 1817, directs that all accounts whatever in which the united states are concerned, either as debtors or creditors, shall be settled and adjusted in the ..... the act makes the auditors and comptrollers, by whom the accounts in the war and navy departments are settled, officers of the .....
Tag this Judgment!Court : US Supreme Court
..... been laid on the fact that, in the concession to alvarado, patriotic services are referred to as a reason why a preference was given to the grantee in obtaining the land; that preference was founded on the 8th section of the act of 1824, which provides "that in the distribution of lands, mexican citizens are to be attended to in preference, and no distinction shall be made among these, except such only as is due to private merit and services rendered ..... assent of the assembly, owing to accident or the neglect of the governor, for alvarado himself says it could not be submitted to them without the diseno, or plan, which, on account of the hostilities of the indians, he was unable to furnish, and yet the danger from that source existed at the time of his application, for he assigns it to the governor as a reason why the diseno did not accompany the petition. ..... ," directs: "that each and every person claiming lands in california, by virtue of any right or title derived from the spanish or mexican government, shall present the same to the commissioners, to be appointed under that act, when sitting as a board, together with such documentary evidence and testimony of witnesses as the said claimant relies upon in support of such claims; and it shall be the duty of the commissioners, when the case ..... and that the united states, having acquired the territory by cession, were entitled to hold it discharged of all claims, where the specific lands could not be identified by the description in the .....
Tag this Judgment!Court : US Supreme Court
..... partition of the town property, in which the interest of the father of the infants appeared to be held entirely by stewart, they themselves having none, and the other by their co-tenants in the quarter section in which stewart had no interest, and therefore should not have been a party. ..... divided into eight subdivisions, whereof each proprietor of 2/8 had two, and the quarter section was also divided into eight parts, allotted in the same proportion. ..... the unquestioned heirs of their father's interest in the quarter section, which was not included in the deed to stewart. ..... was founded upon the following circumstances: prior to the 21st of march, 1840, certain persons were possessed of the city of lamasco, and also of the southeast quarter of section 23, in town 6, south of range 11, west, consisting of page 59 u. s. ..... "in all cases of partition," he says, "a court of equity does not act merely in a ministerial character and in obedience to the call of the parties who have a right to the partition, but it founds itself upon its general jurisdiction as a court of equity, and administers its relief ex aequo ..... 3 and 6 of the southeast quarter of section twenty-three, in town, 6, and of all other portions to which the heirs were entitled, and then closes by stating that "inasmuch as your orators are unable to obtain relief in the premises except by an ..... proceedings were purely in rem, and the decree acted only upon the res or subject matter. ..... they act upon the thing, and bind the party .....
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