Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-12-31

ardlouS oXnfninnf IOn--if *
but justice TO remark. that Mr. Lnwess displayeJ
throughout depth of research r,tentiveness of
mem ry--a ready talent. and ,billty accompanied
"'' peculiar s Ns L ,1 SS ~ rr asp'ssed
From the Missouri Advocate and - Louis Enquirer
Sir: have read with the attention which the sub
ectrsrrves, the opinion of Judge Peck on the claim
OF the widow snd heirs of a. Soulard published in
although the Judge has bought proper 10 decide
against the clam he leaves the ground of hts decree
open for further discussion.
Ava'lng-rnyseif, therefore, of this permission and
considering the opinion published be n fair
suhjec of examination tn every citizen who feels
h ha.,s Interested n in or .ggreved By it's ope
PUBIC 70 some Of the principal errors which I
thiel that have discovered IN it. In doing So I
shall con'ine myself % little than an cnunnera
ton "' hose errors without entering into any de-
nonsi raiion or developed teasoning the subject
Ihis wonid 'eqnIr" more space than newspaper al
lows and besides, is not las regards most of the
points, absolutely necessary
judge Peck, IN thus opinion, seems o me ts have
erred inthe following assumptions well of fac, as
of doctrine;
st That, by he ordinance of 754 a sub-deleoate
was prohibited from making gran, in considerations
Of sstvices rendered or 70 be rendered.
"a That sub delegate in Louisiana was not
suh-0eegate as contemplated by the above ordinance
Sd That O'Rey's reraiations made in Eehrno
ry 1170 can he considered administrative of the
2ten OF the granting power of either of The Govern.
or General or he sub delegates under the ROYAL or
der of Angus. 1870
h. That tho royal order of August, ITO, fas re-
cited or referred nthe preamble the regulations
OF Morales. IN Jny 1899, related EXCLUSIVELY 10 the
Governor tienerSl
9Th That The word Mercedes in the ordinance
OF '15l which IN the Spanish language means
gifts, be narrowed by any thine in that ord
nance or in any other law, The idea OF grant to an
INDIAN on ward to inform!er, and much less to
a mere sale for money
9Th. Iha q L 'lly's regulations were in their
terms applicable or ever in fact, applied to- or
published n, Upper Louisiana
7th. Tia, the regulations of Reilly have any
bearing th" grant TO Antoine Soulard or that such
a grant contemplated b. then.
Sth Thai lie Limitation, IA square league of
grants to new settlers IN Opelousas, A'takapas and
Nachitoches, in 9Th ar cle of OReillvs reoula-
tians) prohibits q large grant in Upper Louisiana
9th That the regulation of the Governor Gene
raj GayoSo dated o h s perlber, 1877 Untitled In
s:uctlons TO be observed for the admission of new
settlers, prohibit, future Il grant for services or
have the eiiac Of aDnui;jng hat Antoine Sola rd
When made l7g6 a;;d rot located or SURVEYED
until February, 1904.
10th Plat the complete titles made by Gayoso are
MOI to be referred to afording the construction
made by Gayosn himself OF his regulations.
nth That, although the regulations of Morales
We're not promulgated a. laW IN Upper l. ousiana,
the grantee in the principal bound by them
nasmuch as lie had notice be presumed,
from the official station which he held' to have had
! notice Of their erms
18th. That, the regulations of Morales "cxclule
all belief that any law existed under which coniir.
nation ofhe title in question could have been claim
| ed.
18th. That the complete titles produced 10 the
COURT uadc by the Governor General or the Tnten-
daUf General, though based on incomplete titles not
conLormabe to The regulations Of O'Rci!ly, Gayoso,
or Morales afford no inference in favor of the power
Of he Lieutenant Governor, from whom these incop-
!lete titles emanaed. and must be considered
"naious exercises Of power in favor OF individual
guarantees.
i4th. That the languog re of Morales himself in the
complete titles ssIied by him made by
the Lieutenant Governor of Upper louisiana anterior
to the date OF his regulations ought be retired
to as furnishing the construction which he Morales,
put on his regulations.
18th Fhat the uniform practice Of The sinh dole
gates lieutenant Governor of Upzer Louisiana
from the first establishment Of tn at province to the
10th March, 1904, he dsreearded MS proof of
law, usage custom. therein
10th Fba' the historical fact. that nlnctcen-i,oen-
teihs OF the titles to lands in Upper Louisiana were
not only incomps .. but not confrmable to the yeu--
uations of OReilie,. Gavoso or Morales at the date
Of the cession to The u. States affords inference
! in favor of the general Legality of those tides.
f7;a That The fact that incomplete CONCESSIONS
whether fioa ing or located, were, previous the
sion, treated and considered by the governm mt and
population of Louisiana property, saeable,
serable, and the subject oi inheritance and dsribu
ton alb ntestao, furnishes inference in favor of
those titles to their claim the protection of the
treaty Of cession or of the law Of nations.
18th. That the laws of Congress heretofore passe,t
in favor of incomplete titles f. rnish argument of
protecting principle in favor IS those titles of n-e
| clsely similar character which remain unconirmed
In addition to the ABOVE, number of other errors
consequential those indicated, might be stated
ne JuuStS COClFlhe as 10 tle forfeiture, which he
contends is inflicted BY Morales regulations seems To
me to be peculiarly pr gnap with grievous consequen
ces. shall, however, not tire the reader with any
further enumeration, and shall detain him 1uly OBJ
serve, by way OF conclusion that the Judges recolcc
ton ut the argument of the sci for the petitioner
as delivered at the bar differs materially from what
can remeubeT who also heard It. In justice to the
counseH beg to observe, that all that have now sub
mtled To the public, has been suggested by thai az
gumeut as spoken, aud by the printed report OF a.
which is even now before me. CITIZEN
HOUSE or REPRESE,VT,gTTE' rs
JUDGE PEcK
a message vas received frum the Sena,e
Thar hat body now sitting rs q Cout
pe8chmea',
On motion IF Mr. Buchanan. the Hnu--
solved itself into Committee OF ~. ~
Camhreleng it, the Car,