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1 City of Carondelet vs. United States 1875

handle is hein.trials/adfu0001 and id is 1 raw text is: 1~t a. %. ga~uri of (claimts., CITY OF CARONDELET Vs. UNITED STATES. In submitting the following reply to the brief of the Solicitor of the United States in this cause, no apology will be made for pre- facing a detailed examination of his citation of facts supposed to be presented by the record, and of his arguments upon these facts, by an orderly narrative based upon the treaty of cession by which the United States acquired Louisiana, (dated 1803,) the early his- tory of the ceded province, the statutes of the United States re- specting the confirmation of private land claims in the Territory (now State) of Missouri, and the action of the board of commis- sioners, recorder of land titles, and other United States officials, under these statutes. To give such a narrative, supporting it by reference to documents and archives, whose authority no one can gainsay, will be the best corrective of the misconceptions on these subjects into which the accomplished representative of the United States has fallen. When, in 1803, Louisiana was acquired from the government of France, there were not in that part of it which is now the State of Missouri, ten occupants of land who held their possessions by a complete title. All others held their town or village lots, out- lots, or common-field lots, and lands granted for tarming or mining purposes, by permission of the lieutenant-governor of the province. This permission was sometimes shown by what is often but erroneously called a grant; being, in fact, only a memorandum endorsed on the back, or appended to the foot of' a petition, direct- ing the surveyor to put the petitioner in possession of' the land asked for, if it did not interfbre with former grants, or old posses- sions. In performing the duty enjoined, the surveyor called in all neighboring occupants; and if there was no interference, made a figurative plat of the land supposed to be asked for, traced on the ground the lines of the tract, and marked the orners. A record of the operations of the surveyor was preserved in the Provin- cial Land Book, called by the authorities of the old govern- G.S. GIDEO, Printer, 511 Ninth street, Washington.

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