The miners' express. (Dubuque, Iowa) 1849-1854, 1854-05-10
DIIRllQuE CLAIM CASE.

DUBUQUE CLAIM CASE.
Chauteau v. Molony. Mr.. Justice Wayne
elivered the opinion Of the Supreme Court Of
J. 8. in this case at the December term 1853.
he statement Of the case and opinion Of the
curt consists of lS Octave pages from which
re note the following abstract containing about
he pith Of the case, using the language of the
pinion in many cases though without quotation
marks.
Our inquiry begins with the examination Of
hat paper introduced by the petitioner as the In
Ian contract Of sale to Dubuque.
After reciting that the paper is a copy of the
council held by the Foxes, these words are
ound in that paper: The Foxes permit Mr.
Julien Dubuque, called by them the little cloud,
% work at the mine as long as he shall please
md to withdraw from it without specifying any
time; to him moreover, that they sell and a5an'
don to him all Of the coast or hill or contents OF
The mine discovered by Peosta, SO that no " hiie
man or Indian shall make any pr.t nson TO il
without the consent of MIR. Julien Dubuque
and in case he shall find nothing within, ne
shall be free 10 search wherever he may think
proper 10 do SO, and to work peaceably, with
out any one hurting him or doing him any pre-
JUDGE IN his labors." From these terms il Is
plain that Dubuque was treating with the Indian
council for mine, the mine of feosa, ~iih
all the coast or hill and the contents OF th
m ne, with the privilege to open other mines in
the event that he should not find one in the
Peosta mine. The words, sell and abandon to
him all the coast and contents of the mise dis
covered by the wife of Peosta, are the only
words from which it can be implied that they
were selling land. Admitting that they do So
the words i" all the coast" of the mine feosta
ca1aOt be enlarged to mean tore than the land
which covered its notifications and the land
contiguous TO them, which was necessary tor
the operation of the miners and for their support
We say SO, because such were the allowances
under the mining ordinances Of Spain. But TO
make it Elore certain that the Indians meant to
sell mine, and that Dubuque was bargaining
for mine with the privilege to open others II
that bought should turn out to be deficient 70
ore, the council conclude their paper thus ::
i" We, the chiefs and braves, by the voice OF
all our villages, have agreed with Julien Due
buque, selling and differing arm this day as
above mentioned, in the presence Of the French
men who attend Us, who are Witnesses to this
writing" There are no words in this paper
except the words " all the coast of the mine
of Peosta, conveying any other land, either as
to locality, quantity, or boundary. The contract
was written by Frenchmen and explained to the
Indians by Frenchmen, some of whom could
read and write, and it is hard for US to suppose
that they meant that it should convey to Du-
buque the large tract of land that he afterwards
claimed, or that they did not honestly, fairly
and fully write, only that which the Indians
meant to do. At all events, If the words OF
the paper are doubtful as to what the Indians
meant TO sell, as the copy Of the council is
written in a language which they could neither
read nor fully understand, it will be but right
to hold it as an uncertainty, and not to permit
Dubuque, or his alienees, to give it fixed
meaning in their own favor.
Dubuque, the interested party, is made to
say, in the plaintiff petition, that few days
after the Indian sale was executed, the chief,
in the presence of Dubuque, asserted to the
erection of monuments at the mouth of the
Little Maqoke,a, and at the mouth of the Tete
des Mortes, as evidence that the former was
the upper and the latter the lower boundary
line of the large tract, and that the monuments
were actually erected. The erection of monu-
ments within certain distances upon the river
was consistent with the privilege to search for
other mines. In the absence Of all words from
which It can be inferred that sale Of land was
meant, the monuments as points mentioned on
the river, can have no other reference than to
the privilege to search for mines.
IThe court 60 and show by reference to the
Spanish law books that their Interpretation Of
the contract is in accordance with the Spanish
law.1
All the mines belonged to the King. Laws
were passed by which any subject was allowed
to mine either in public or private grounds, Civ.
ing to the owner of the latter compensation
for damages and a third part of the produce.
Afterwards, foreigners obtained the same priv
lege, and il was afterwards extended to the In
dams by name, as may be seen by law ! title
10, book 4, Collection of the Indies. Rock
well, l2s 1877. The right Of the Indians to
work the mines upon their own account was al
one time questioned. 1t was determined that
they could do 20. Law IA, title 10, book 5,
Collection Of the Indies, Rock, 1877. And
the mines discovered by the Indians were de
same footing as those worked or discovered bv
Spaniards. Besides the other privileges secure
ed by this ordinance to the owners of mines
upon the public lands, they had the right to use
the woods on mountains in the neighborhood of
them, to get timber for their machines, and
wood and charcoal for the reduction OF the
ores. Rockwell, 81, sec. IL, chap. Is. Be.
sides the privileges just stated, the Indians were
exempted from strict compliance with the o.
dinance in respect to the registry Of their mines.
Every indulgence was given them. Much care
was taken to preservs for them their property in
mines, and TO give them the means of working
there. With these rights and privileges it is
much more natural to construe the contract of
the Foxes with Dubuque into . sale and a pur.
chase Of mines, than into transfer of lands.
We will now consider Dubuque's petition to
Gov. Carondelet; the reference of it to Todd
for information in the nature of the demand,
Todd's reply and the governors final order.
Dubuque makes his purchase from the Indians
the foundation of his prayer. for a grant, and
the iaducement for the governor to give it. He
asks the governor to accord 10 him the peacea.
BILE possession Of the mines and lands, which is
to say, from the hills above the little Maqoketa
as far as the hills Of Tete des Mortes, which
forms seven leagues OH the western bank Of the
Mississippi, by three leagues in depth. We
doubt Dubuque meant to ask for lands. But
the point is not what he meant to ask foy, but
what he had right to ask for under bis contract
With the Indians and what the governor meant
to grant, and could grant, under that contract
Miniag was the motive that induced DNhpNse
IN settle amnn0 the l,sd;aus. he p..s,oA - e.