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1 City of Carondelet vs. the United States: Opinion of the Court on the Question of Jurisdiction by Casey, Ch. J. 1875

handle is hein.trials/adfm0001 and id is 1 raw text is: IN THE COURT OF CLAIMS. THE CITY OF CARONDELET vs. THE UNITED STATES. Opinion of the court on the question of jurisdiction by CASEY, Ch. J. This case was transmitted to this court from the Senate of the United States by a resolution of that body dated the 8th of December, 1859. The petitions filed in the Senate and in this court show that Carondelet was a French village, situated on the Mississippi river a few miles below St. Louis. As such it became entitled, under certain Spanish laws and grants, to certain common fields and com- mons adjoining the village. Under the cession of Spain to France and of France to the United States, these grants were protected by the terms of the treaty, or by the stipulations of the cession, in each case. On the thirteenth day of June, A. D. 1812, Congress passed an act in reference to these claims, and directed surveys to be made of the commons of certain towns and villages, and, among the rest, that of Carondelet. By virtue of this statute, and by direction of the executive author- ity of the United States, William Rector, the surveyor general for the district in which it was situated, surveyed this common and set it off to the village by metes and bounds in the year 1817. It was returned into his office and there filed. In 1832 Elias T. Langham, surveyor general, instructed one of his deputies, Joseph C. Brown, to retrace the lines of the survey made by Rector and connect them with other public surveys. Brown performed this task in 1834, and the survey was recorded on the 29th of July of the same year. In 1826 sundry inhabitants of the village made a deed or gave a license to the United States to use a part of this common, embraced in Rector's survey, as a military post or barrack, so long as it may be found useful for military purposes. Under this deed the United States took possession and established the military post kncwn as the JeffersGn Barracks. The town was incorporated by the legislature of Missouri in 1832. About the year 1839 some controversy sprang up between the War Department and the town of Carondelet in relation to the title to the barracks tract, but no action was taken until about 1852 or 1853, when, at the instance of the War Department, the Secretary of the Interior directed the

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