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Oliver O'Hara and others, Appellants, v. The United States, Appellees U.S. 275 (1841)

handle is hein.slavery/ussccases0333 and id is 1 raw text is: JANUARY TERM, 1841. OLIVER O'HARA AND OTHERS, APPELLANTS, v. THE UNITED, STATES, APPELLEES. A claim for land in East Florida, granted by Governor White to Daniel O'Hara, rejected by the Superior Court of East Florida, and the decree of that Court affirmed. Governor White, on the petition of Daniel O'Hara, soliciting a grnt of fifteen thou- sand acres, made a decree granting the lands solicited at the place indicated, in conformity with the number iforkers which he may have to cultivate them, the corresponding number of acres may be surveyed t9 him, and that he will take possession of said land in six moiths from the date of the grant. Held, that this is a decree not granting fifteen thousand acres as asked for; but so much at the place where it is asked for as shall be surveyed in conformity with the number of workers the grantee may have to cultivate the land; the quantity could be deter- mined by the regulation of the Governor, made the month after the grant, and deter- mining the quantity of land to be surveyed according to the number of persons in the family of the grantee, slaves included. That the grant was made before the date of the regulation, makes no dillvrence. No settlement was made on the anas claimed under the grant. The building of a house on the land, is but evidence of an intention to. make a settlement, but was not e settlement; which required the removal of persons or workers to the land, and cultivating it. No claim for the land can be sustained under a grant, or confirmation of a prior grant, made by a decree of Governor Coppinger in 1819, as the same was substan- tially a violation of the treaty with Spain, which confirms only grants made before the 24th January, 1819. The prior grant to O'Hara having become void by the non- performance of the conditions annexed to it, the decree of Governor Coppinger in 1818, was an attempt to make a new grant. If the grant were not void from the non-performance of the conditions-of settlement annexed to it, the omission to have the land surveyed and returned to the proper office, would make it void, unless the grantee had made a settlement; in which event, a survey would be presumed. 9!he grant was made in the district of Nas- sau, &c.; this was an indefinite description of the land ; as was held in Buyck v. The United States, decided at this term. ON appeal from the Superior Court of East Fliida. In the Superior Court of East Florida, Oliver O'Hara, for himself and for the other heirs of Daniel O'Hara, presented a petition praying for the confirmation of a grant of fifteen thou- sand acres of land made by Henry White, then the Spanish

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