Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-01-05

not as regards most ofthe points, abso-
lutely necessary.
Judge Peck, in this opinion, seems to-
me to have erred in the following, as
suinrtions, as well Of fact as of doctrine.
lst. That, by the ordinance 1874, a
sub-dclcgatc was prohibitated from maxi
ing a grant in consideration OF services
rendered or to be rendered.
Cd. That a sub-delcgate in Louisiana
was not sub-dslegate as contemplated
by the above ordnance.
Sd That O'Rcilly's regulations, made
in February, l770, can be considered as
demonstratve of the extent Of the grnnt-
ing powers of either the Governor Gen
eral or the sub delegates under the royal
order Of August, l770.
4th. That the royal order Of August
ITO, (ns rccited or referred to in the
preamble to the regulations Of Morales, of
July, 1899 related exclusively to the
Governor General.
9TH. That the word "mcrccdcs," in
the ordinance Of 1854 which in the Span
ish language means "qifts," can be mar
rowed by any thing in that ordinance or
in any other law; to the idea Of a grant
to an Indian, or reward to an informer,
and much less to n mere sale for money.
9th. That O'Rielly's regulations
were in their terms applicable, or ever
were, in fact, applied to, or published, in
Upper Louisiana.
7th. That the regulations ofO'Rielly
have any bearing on the grant to Antoine
Soulard or that such grant was contem-
plated by them.
9th. That the limitation, TO a square
league of grants to new settlers in Ope-
lousas, Attakapas and Natchitochcs, in
9th article of O'Rielly's rcgulations) pro-
hibits larger grant in Upper Louisiana.
9th. That the regulations of the Gov
General, Gayosc, dated 9th September,
1917, NEUTRALITY-SUSPICIOUS. to be observ-
ed for the admission Of new Settlers"
prohibited, in future, a grant for SER
vices, or have the effect of annullng
that to Antoine Soulard, which was made
in 1896, and not located or surveyed
until February, 1914.
10th. That the complete titles made
by Gayoso arc not to be referred to as
allording the construction made by Gay
oso himself Of his own regulations.
llth. That, although the regulations
Of Morales were not promulgated as law
in Upper Louisiana; the graniee in the
principal case was bound by them, in
asmuch as he had notice, or must be
presumed, "from the official station which
he held" to have had notice Of their
terms.
10th. That the regulations Of Nor
ales exclude all belief that any law
existed under which confirmation of the
title in question could have been claim
ed"
l3. That the complete titles (produc-
ed to the court made by the Governor
General or to the Intcndant General,
though based on incomplete titles not
coniormable to the regulations of ORiel-
ly, Gayoso, or Morales, afford no infer
ence in favor of the power of the Lieu
tenant Governor, from whom these in
complete titles emanated, and must be
considered as anomalous exercises of
power in favor ofindivdual grantees.
18th. That the language of Morales
himself, in the complete titles issued by
him, on concessions made by the Lieu
tenant Governor of Upper Louisiana,
anterior to the date Of his regulations,
ought not to be referred to as furnishing
the construction which he, Morales, put
on his own regulations.
18TH That the uniform practice of
the sub-delcgates or Lieutenant Govern
or Of Upper Louisiana from the first es-
Establishment of that province to the 10th
March, 1904, is to be disregarded as
proof of law, usage, or custom, therein.
10th. That the historical fact, that
nincteen-trentieihs of the titles to lands
in Upper Louisiana were not only incom-
pletc, but not conlormable to the regu-
lations of O'RiclIy, Gayoso, or Morales,
at the date Of the session to the United
States, affords no inference in favor of
the General legality of those titles.
18th. That the fact, that incomplete
conc essions, whether floating or located,
were previous to the ccssion, treated and
considered by the Government and pop
ulation of Louisiana as property, salea-
BILE, transferable, and the subject of in
heritance and distribution alb intestato,
furnishes no inference in favor of those
titles, or to their claim to the protection
of the treaty Of cession or of the law of
nations.
18th. That the laws Of Congress
heretofore passed in favor of incomplete
files furnish no nrnuInn nt or nrnfeclInr