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1 City of Carondelet vs. the United States 1865

handle is hein.trials/adfl0001 and id is 1 raw text is: IN THE COURT OF CLAIMS. OCTOBER TERM, 1865. THE CITY OF CARANDOLET vs. THE UNITED STATES. When this case was before the court upon the ques'tion of jurisdic- tion, a majority of the court decided in favor of the jurisdiction. That point was thus concluded here, and the case was then beard on its merits. I am now to state the conclusion of a majority of the court on that hearing. There are two petitions before the court, one filed in the Senate and referred here, the other filed here; both make the same prayer on the same grounds, viz: that an indenture made the 25th of Octo- ber, 1854, by which Carandolet released to the United States a tract of land upon which the Jefferson barracks had been built for many years, and which Carandolet claimed as within the extent of-her commons, should be set aside as obtained illegally and by a duress enforced by the combined action of the Commissioner of the General Land Office and of the Secretaries of War and of the Interior. It is not suggested that these officers acted with any corrupt pur- pose of personal advantage. On the contrary, all such suggestions are disclaimed, and the allegation is that they used their official power against right for the benefit of the United States, and by combining to set aside a legal survey and map or plat of Carandolet commons, and enforcing the sale of its lands as public lands, they illegally com- pelled the city of Carandolet to execute the deed in question of part of its lands to save the rest. The matter for decision here is, whether the deed was obtained in the manner set forth in the petition. The question of the legal title of Carandolet is not before the court for decision; but a general statement of that title is necessary for the understanding of the case, and is therefore made here. By the 3d article of the treaty of 1803, 8 U. S. L., 200, by which Louisiana was acquired, the inhabitants were to be maintained and protected in the free enjoyment of their property in the ceded ter- ritory; and to carry this provision of the treaty into effect, several acts were passed by Congress. The act of March 2, 1805, 2 U. S. L., 324, confirmed titles founded on Spanish or French warrants, or orders for surveys prior to October 1, 1800, and then inhabited or cultivated by or for the claimants, and provided for a board of com- missioners to hear and decide upon claims, and report their conclu-

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