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

iii n to Todd is obvious We find it in the
petition in this suit. Dubuque had undertaken
to interfere with others who attempted to trade
with the Indians 1t is said that he had not
permitted any one to carry on that trade on the
land from the time he purchased of the Indians,
and had driven iorcibly person who had with
his consent landed goods upoh it with an inten
ZION to sell them to the Indians. This, it ap-
pears from Todd's report, he had no right to do
TIE Indian trade was regulated by ordinance
from the king Todd had obtained an exclusive
privilege to carry it on. The grant was con-
dtiona, and was sevocable by the governor, on
any imputa,ion that Dubuque had violated it
The whole papers imply that the governor
meant to permit him to continue in the quiet en-
Joy ment of the mines, and to work them, with
the use Of the lands, as the Indians had per
mitsed him to do for eight years, notwiths'and
ing Dubuque's singular interference and appro-
priation Of the trade with the Indians.
The law for granting lands was, that the
grants were to be made with sormality, in the
kings name. ~ the governor general OF the
| province that when the order to grant was
| given, a surveyor should be appointed to nix
the boundaries, and the order itself should be
registered in the land office, with the memorials
and other papers, whatsoever they might oe'
| which had induced the governor to make the
grant. The practice of the governors, lnciud-
ing Carondelet, correspond with all OF the re-
auirements jus, mentioned. Nothing OF the
kind was done in this case. Dubuque did not
ask for a survey /; he took with him the papers
No Sp,nish surveyor would have ventured I"
stretch a chain upon the land with view OF
separating it from the public domain, without
special authority to do so, from the governor.
| Such an order was the uniform accompaniment
Of grant, and without it concession was
incomplete.
Our conclusion is, Dubuque's contract with
the Fox Indians was sale to him of the Peosta
mine, with IFS allowed mining appendages, with
| the privilege to search for other mines in the
event that one was not found in that mine; and
that the order of Governor Carondelet, upon his
| petition, was not meant to secure to him the
ow nership of the lands described in his pitition
We will now proceed to take another view OF
this case Dubuque prayed for concession Of
what was the Indian land, and what remained
such until the United States bought the Indian
right of occupancy. No grant by Spain could
give the right Of possession until the right OF
occupancy was acquired Of the Indians. And
by the laws of Spain, "wben Indians dispose
Of their landed property or other thing of value,
the sale is void unless made by the intervention
of authorities, Of the protector general, OF
person, designated for the purpose. These laws
of protection were not disregarded. Governor
i Carondelet did not. and could not consider the
purchase Dubuque made from the Indians to be
purchase Of land, and if we thought, as we dc
4 not that the order Of Carondelet upon the petit
ton Of Dubuque, was grant OF the ownership
Of the land. we should be obliged TO decide thai
it was an unaccountable and capricious exercise
Of official power, contrary to the uniform usage
o: his predecessors in respect to the sales Of
Indian lands, and that it could give no property
to the grantee.
j When Dubuque represented that he had
bought mines and lands from the Fox Indians
and asked for the enjoyment q peaceable pos
session Of them, and the government wrote
"granted as asked for" he meant no more than
this; as you say that you have bought the mines
with the permission Of the Indians to work them
! you shall also have mine.
i The Court mentions tie fact that the Kettle
chiefs village of the Fox Indians situated
in the track claimed by Dubuque, and that was
one fact going to show that the Indians did moi
mean to sell the land.