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United States, Plaintiff in error, vs. John P. Gratiot, Robert Burton, Charles S. Hempstead, and Dickerson B. Moorehouse, Defendants in error, The U.S. 526 (1840)

handle is hein.slavery/ussccases0082 and id is 1 raw text is: 526 SUPREME COURT. Timn UJNITED STATES, PLAINTIF IN ERROR, VS. JOHN P. GRATIOT, ROBERT BURTON, CHARLES S. HEMPSTEAD, AND DICKERSON B. MOOREHOUSE, DEFENDANTS IN ERROR. The United States instituted an action on a bond given by the defendants, conditioned that certain of the obligors who had taken from the agent of the United States, under the authority of the President of' the United States, a license for smelting lead ore, bearing date September 1st, 1834, should fully execute and comply with tie terms and condi- tions of a license for purchasing and smelting lead ore, at the United States' lead mines, on the Upper Mississippi river, in the state of Illinois, for the petiod of one year. The defendants demurred to the declaration, and the question was presented to the Cir- cuit Court of Illinois, whether the President of the United States had power, under the act of Congress of 3d of Mah, 1807, to make a contract for purchasing and smelting lead ore, at the lead mines of the United States, on the Upper Mississippi. This ques- tion was certified from the Circuit, to the Supreme Court of the United States. Held, that the President of the United States has power, under the act of Congress of 3d of March, 1807, to make the contract on which this sit was instituted. The power over the public lands is vested in Congress by the Constitution, without limi- tation, and has been considered the foundation on which the territorial governments rest. The cases of M4Culloch vs. Th State of Maryland, 4 Wheat. 422 ; and The American Insurance Company vs. Canter, I Peters, 542, cited. The words dispose of the public lands, used in the Constitution of the United States, cannot, under the decisions of the Supreme Court, receive any other construction than that Congress has the power, in its discretion, to authorize the leasing of the lead mines on the public lands, in the territories of the United States. There can be no apprehen- sions of any encroachments upon state rights by She creation of a ,numerous tenantry within the borders of the states, from the adoption of such measures. The authority given to the President of the United States to lease the lead mines, is limited to a term not exceeding-five years. This limitation, however, is not to be construed as a prohibition to-ienew the leases from time to time, if he thinks proper so to do. The authority is limited to a short period, so as not to interfere with the power of Congress to make other dispositions of the mines, should they think the same necessary. The legal understanding of a lease for years, is a contract for the possession and protits of land for a determinate period, with the recoMOense of rent, It is not necessary that the rent should be in money. If reserved in kind, it is rent in contemplation of law. The law of 1807, authorizing the leasing of the lead mines, was passed before Illinois was organized as a state. She cannot now complain of any disposition or regulation of the lead mines, previously made by Congress. She surely cannot claim a right to the public lands, within her limits. ON a certificate of division from the Circuit Court of the United States, for the District of Illinois. On the first day of September, 1834, the defendants entered into the following bond -to the United States, having executed the same under their respective hands and seals: Know all men by these presents, that we, J. P. B. Gratiot, Ro- bert Burton, D. B. Moorehouse and Ciarles S. Hempstead, are holden, and stand firmly bound unto the United States of America, or their certain attorney, in the penal sum of ten thousand dollars, current money of the United States, well and truly to be paid unto their treasury; for which payment, well and truly to be made, we, the said J. P. B. Gratiot, Robert Burton, D. B. Moorehouse, and Chsxles

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