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Samuel Davis, Plaintiff in error, v. The Police Jury of the Parish of Concordia U.S. 280 (1850)

handle is hein.slavery/ussccases0274 and id is 1 raw text is: SUPREME COURT. Daris v. The Police Jury of Coneordia. SAMUEL DAvis, PLAINTIFF IN ERROR, v. THE POLICE JURY OF THE PARISH OF CONCOrDIA. The treaty of St. Ildefonso, by which Spain ceded Louisiana to France, became operative to transfer the sovereignty upon the day of its date, viz. the 1st of Octo- ber, 1800. The executive and legislative branches of the government of the United States have always maintained this position, and this court concurs with them in its correct- ness. The preceding case, p. 127, of The United States v. Reynes referred to. By the laws of nations, all treaties, as well those for cessions of territory as for other purposes, are binding upon the contracting parties, unless when otherwise provided in them, from the day they are signed. The ratification of them relates back to the time of signing. Where territory is ceded, the national character continues for commercial purposes, until actual delivery; but between the time of signing the treaty and the actual delivery of the territory, the sovereignty of the ceding power jeases, except for strictly municipal purposes, or such an exercise of it as is necessary to preserve and enforce the sanctions of its soial condition. The power to grant land or franchises is one of those attributes of sovereignty which ceases. The Spanish Governor of Louisiana had, therefore, no right to grant a perpetual ferry fianchise on the 19th of February, 1801 ; and, consequently, it is not proper- ty which was protected by the treaty between France and the United States. THIS case was brought up from the Supreme Court of the State of Louisiana, by a writ of error issued under the twenty- fifth section of the Judiciary Act. As the decision of the court turned upon the single point when the treaty of St. Ildefonso became operative, so far as to extinguish the right of the Spanish governor to grant a perpetual franchise, it is not necessary to give a detailed state- ment of the facts in this case, nor of the arguments of counsel upon the points which were not included in the decision of the court. The .following summary will sufficiently explain the case. Davis, the plaintiff in error, filed his petition in the Ninth District Court of the State of Louisiana, in and for the Parish of Concordia, on the 7th of February, 1840, in which he sets fotth, that the Marquis de Casa Calva, then Governor-General of the Province of Louisiana, on the 19th of February, 1801, granted to one Thomas Thompson, then of said parish, the privilege of a ferry at the post of Concordia, in said parish, op- posite to the then town, now city, of Natchez, as a privilege to be attached to the plantation of said Thompson, which he 'then possessed, in order that from that place he might have and en- joy the exclusive privilege, &c., for reasonable and customary toll, as it might be established; and on condition that he, the said Thompson, would clear a certain public road or highway from the said post of Concordia to the Bayou Cocadelle (Coco-

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