The national Republican., 1867-02-02

tnht the OneVhner ue hepentgny remained in Jan
ada until shortly stsr the treaty Of peace In ITes
when he returned to France, whore he continued
| serving In the French army, holding command al
the Bee Of Re and at Rochefort, and during the
| Revolutionary war commanded French regimsnt
,tsaonsd at au,daoupe, In the West Indies.
He Afterwards died in Paris In 17Se, leaving
son. from whom the present claimants derive title
| BY inheritance Ths Sieur dc Boune left an heir
Amable, who remained In Canada, and sold his In.
terest In the seignory In 1895 10 a man in Albany
named James CALDWELL who In turn sold 10 an
Irishman named Arthur Noble, who in bis win ds-
yised Il TO his nephew, John Slack, who isit II By
bis will TO Agnes Slack, his wife, in trust By her
II was conveyed TO Mr.. Battsrsby, also In trust
and BY him to Guy Rotton, now lieutenant colo
mel In the British Royal Artillery, serving In
India. -.
The grant was exclusively on fsudal tenure, and
was abandoned, as alleged BY the Government upon
the future improvement, clearing, and cultivation
Of the land, and Its continuous occupation BY the
| grantees. II 10 also oontepded by the Government
that De Boune made no attempt at the perform
ance Of this condition. De Repentgny visited
the property and made some feeble attempts 10
cultivate, but left the place In 1755, and the Con-
tinsnt In 1903 whom Canada passed TO the Kpgllsh
Grown. The United States acquired title In fTT6,
| possession In 1895. and extinguished the Indian
title In 1920. In 1875 this claim was presented 10
Congress and was reported against until 1850, when
tho appeses succeeded In obtaining the passage Of
| private act In favor Of their claim.
/
the land oce certificate 216 900 acres, according
TO Mr.. Bouchette one Of petitions witnesses, 214,
900 acres) 1856 square miles Of territory Of which
| about 100000 aores-have been granted BY the
United States 70 private individuals The private
act under which those proceedings are instituted
provides for the floating Of tho claim to tho por
tion granted 10 private individuals by the Issue
Of land warrants for . oofrosponding area Of any
other lands belonging to tho United States. The
act giving jurisdiction 10 the District Court Of the
State Of Michigan to try the claim, II was there
heard In November 1868, consuming three weeks
In the trial The court held as follows:
!. That lie jurisdiction was limited By the act Of
Copgre" TO the single inquiry Of the validity Of the
title as against the United States and by the rule
Of adjudication prescribed in the aot and that any
inquiry beyond that, or outside Of this rule, was
without Its Judicial authority. The act Of 1850,
defining the power and authority Of the District
Courts does not embrace q ease Of this class
2. That the Government Of the United States hav-
ing by Its own aot-its own statutory enlistment
thus restricted the court, thereby waived all objoc
tions arising from any subsequent alleged abandon
mont Of the grant BY the original grantees. The
grant was made by the Governor Of New France,
In 1850, and confirmed by King Louis XIV, in
1851, by royal patent under his grant, and sealed
and attested by his Secretary, Bonille, and sur.
voy shortly after made by the Kings officer and
recorded in Paris and Quebec. The United States
wards, known and recognised among the nations Of
the earth.
8. That the Government Of the United States,
by the express terms Of the statute. surrendered
any and all right by segnoriAl forfeiture other
wise, II ever there were any, under the laws Of
France But the evidence Of the Canadian judges,
upon which reliance was placed especially that Of
Judge Bodgely, Of the Queens Bench In Canada,
clearly established under Canadian law, and its
provincial judicial construction, q seignorial for
feiture to be oonsummAte and efectual in order to
divert segnorial title, mus Do BY judicial decree,
which was not the case as to this grant.
4. That both the concession Of 1850 and its royal
ratification were clearly proved the original brsvet
or patent Of june a. l751 IN ancient document,
bearing irrefutable marks Of genuineness, In being
introduced as evidence and exhibited to tho court
proved itself as an ancient deed.
D. That the petitioners Of record were satisfacto.
rily proven to be "the legal representatives Of the
original grantees"
8. That the title thus emanating was good title
by the law Of nations, and valid rs patent for
Government land under the laws Of the United
States. Tho King Of France had at tie tune lin
l75I the sovereign territorial dominion and power,
and the right to make tho grant.
7. That the objection as 10 the staleness Of the
demand Is not sustained by the proofs and by the
spirit and intention Of the law authorizing this suit
Congress evidently intending-f the title were
genuins-to donate the land in question, or III
equivalents the second section providing for the
issue to the petitionor by the Commissioner Of tn,
General Land Office, Of warrants for other lands o
the United States at q stated price.
8. That the title being q seignorial grant, or
tenure It Is no objection to Its validity under the
statute, as against the United Stats,, that such
tenure Is inconsistent with the genius Of American
institutions, or the constitutional Government o
the United States. The land, BY metes and
bounds that is, by measurement, (Which was al
the time and can now bo made certain,) wa
granted by competent power to the grantees and
their heirs forever, the right to which is not i'm
paired by change Of territorial sovereignty, and
the conditions on which 1t was originally made-o
featy, homage, &c.-ars abrOgated BY such terrific
rial change. The subject matter Of tho royal do
nation, viz the land described, must and will, by
/ the transfer Of the sovereignty, be made to con
form to and correspond with the spirit and insti
tutions OF the Government within whose territorial
limits the land Is situate, homage and feAlty to
. king being transmitted into allegiance and goot
citizenship.
, o. The purchase Of the territory from the Indiai
tribes by tho United States, extingushing the In
dian title, and the occupation Of the tract by III
troops and Its grantees, are embraced In the dona
tory provisions Of the statute, and affect not eth,
validity Of the title as against tho United States
10. The title mover reverted to the king ofFranc,
In consequence Of the occupancy BY the grantee
after l757 or 1888, both grantees being French
officers, In the military service Of the French king
and one Of the joint grantees being in actual pos
session, by himself and his agent, until 176I OF
1882 and the Chevalisr do Repentigny making
sundry improvements anterior TO that time, and
cultiyating the SOIL which barred any reversion t.
$ the king.
IL The act Of 1860 does not warrant tho court /,
entertain the objection to the validity Of the it'll
as against the United States" Of abandonment ant
prescription. Holding the title from the King o
I France, recognized BY various treaty provisions
, the rule Of prescription and limitation is Of n,
+ avail under this law authorIing this suit. Ha(
the statute simply authorized the suit reserving al
0 objections, the presumption Of abandonment nigh
have been sustained. But tho rule Of adjudication
in tho statute Is positive stipulation to the con
Q trary.
|. IL. That the calls Of the grant are sufficiently
clear to define its boundaries, and the survey by th
Kings officer, ooeval with the grant, 10 Of royal au
thOrity and sanction, and the act Of the grantor
l. King Louis XIV.
!. From this judgment tho Government appealed
|, and the Circuit Court affirmed 1t. Tho case wa
then brought before this court for final adjudica
tion.
The points Of the judgment Of the district cour
above given fully suggest all the questions involved
The counsel in the case are Hon. j. M, Howard
United States Senator from Michigan, for appelees
and Alfred RUSSELL United States District Attorne,
! for the Michigan district and Attorney Genera
= stansbery, for the United States.
n UNITED STATES COURT OF CLAIMS
FRIDAT, February !, 1857.
Q Il. IL. Carmiok OF al. vs.. The United States
= The arRument of this cAuRa damurrer oman