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1 City of Carondelet vs. the United States: Supplemental Brief for the United States 1875

handle is hein.trials/adfo0001 and id is 1 raw text is: IN THE COURT OF CLAIMS.. OCTOBER TERM, 1863. THE CITY OF CARONDELET vs. Supplemental brief for the United States. THE UNITED STATES. The history of Carondelet as stated by Colonel Gantt, counsel for the claimant, is, I believe, correct; but, in the view I shall take of this case, it is not, in my opinion, necessary to examine either the local history of the place, or the history of the claim of Carondelet to common prior to the 13th June, 1812. The Supreme Court of the United States decided in Carondelet vs. St. Louis, 1 Black., 188- 1. That the act of 1812 granted to the inhabitants of Carondelei their lands used in common for the pasturage. 2. That the power was reserved by Congress to the executive au- thority to survey this common property by including it in an out- boundary survey, reserving from the common property such portion as the government saw proper to withhold for military purposes, which was done. ' I 3d. That until such survey was made, the title attached to no land; that the grant was vague, and the grantee takes nothing without an out-boundary. 4. That Soulard never made any survey that any authority did, or could, recognize; and that when the act of 1812 was passed, the village title was a vague claim set up by the villagers for six thou- sand acres before the board of commissioners.' 5. That it also appeared as matter of fact and of law, from tho records of the General Land Office, by the decisions of the officers there, that the department administering the public lands had settled the question in regard to the regularity of Rector's survey, its due return, and ap- proval. I. The act of 1812 required no patent for the lands thereby con- firmed. The survey was the last and only act required to be do'e in ordel to vest a complete title in the confirmee, where the clain 'was, as in this case, for common, and thus it was in effect the granlj nder the statute of the specific land described. The act confirm l the claims in general, and by classes. No specific tracts are mentioned in the act. ;1 It therefore becomes a matter of the last importance to thigovern- meat in these Igatters to determine how and by whom this survey shall be made, and when it becomes irrevocable against the govern- raent. If a deputy surveyor sent into the field, and subject generally

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