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United States, Appellants, v. The Heirs of John Forbes, Appellees, The U.S. 173 (1841)

handle is hein.slavery/ussccases0340 and id is 1 raw text is: JANUARY TERM 1841. THE UNITED STATES, APPELLANTS, v. THE HEIRS 0' JOHN FORBES, APPELLEES. John Forbes, by memorial to Governor Kindelan, the Governor of East Florida, set forth, that, in 1799, there had been granted to Panton, Leslie, and Company, for the purpose of pasturage, fifteen thousand acres of land, which they were obliged to abandon, as being of inferior quality. Forbes, as the successor to these grantees, asked to be permitted to abandon these fifteen thousand acres, and, in lieu, to have granted to him ten thousand acres, as an equivalent, on Nassau river. The petition avers, that the obj;ct was to establish a rice plantation. The petition was referred to the Comptroller, who gave it as his opinion, that the culture of rice should be promoted. Governor Kindelan permitted the abandon- ment of the fifteen thousand acres granted before, and in lieu thereof, granted to John Forbes, for the object of cultivating rice, ten thousand acres in the district, or banks of the river Nassau. Surveys of seven thousand acres of land, at the head of the river Little St. Marys or 4 St. Mary, and three thousand acres in Cabbage Swamp, were made under this grant. No description of the locality of the land, other than that in the certificate of the survey, was given; nor do the surveys prove, that the land surveyed lay in the district of the river Nassau. No evidence was given of the situation of Cabbage Swamp. Held, that these surveys were not Made on the land granted by Governor Kindelan; and, according to the decisionsbf this Court, on all occasions, the surveys, to give them validity, must be in conformity with the grants on which they are founded; and to make them the origin of title, they must be of the land described in the grant of the Spanish government. The cases of the United States v. Clarke, 8 Peters, 486. The United Statesv. Huertas, 9 Peters, 171, cited. The Courts of Justice can only adjudge what has been granted; and declare that the lands granted by the lawful authorities of Spain, are separated from the public domain: but where the land is expressly granted at one place, they have no power; by a decree, to grant an 'quivalent at another place, and thereby sanction an aban- donment of the grant made by the Spanish authorities. The Courts of the United States have no authority to divest the title of the United States in the public lands, and vest it in claimants; however just the claim may be to an equivalent for land, the previous grant of which has failed. The case of the Uriited States v. Arredondo, 6 Peters, 691, cited. The decree of th Supreme Court of East Florida, which had confirmed the grant to @John Forbes, reversed. ON appeal froni the Superior Court of East Florida. The executor of John Forbes, on the 20th of May, 1829, pre- sented a petition to the Superior Court for the Eastern District P2

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