The Washington herald., 1907-11-10
BY HAMILTON GAY HOWARD.


elapsed since the grant, during which
time there has been but four years pos
session by the grantee, and the lands
have been surveyed and sold by the
United States. and have been for years
covered with inhabitants, such original
title viii be disregarded"
Where the tract contained over 100000
ceres and the whole of the improve
snents consisted IN the erection OF three
or four temporary huts for laborers,
clearing a few acres of land. and plant
ing the same with Indian corn. there has
been no possession or occupancy. %
Wall, L. S. Supreme Court Reps)
Such is a portion Of the syllabus in
case heard and decided by the most au-
gust tribunal on earth the Supreme Court
of the United States of America The
case stands as cause celebre, and is an
authority on questions Of escheat. aban-
donment. and aHenage in land titles in
the United States.
Probably the most important and ult-
mately far-reaching civil suit at lawn
equity-ever tried in the United States
District Court for the Eastern district of
Michigan. sitting at Detroit, was that
from which the above syllabus Is taken.
and bearing the title, Louise Pauline de
Repentigny. ct al, VS.. The United States
of America" II was begun on January
3. 1851, before that court, the learned
Ross Wilkins being upon the bench. The
petitioners were represented by their
agent, NJ. Alexis T. Favarger. q French
man by parentage, born In Switzerland.
q merchant by occupation, highly en-
dOwed as TO personal appearance, and
having Chesterfeldian graces as well. In
fact. II has never been the writer's for
tune 10 meet a more polished gentleman
He had had a remarkable and extended
experience Of a most varied character in
Rntipodal chimes. His intellectual bril-
lance and marked amiabilty were mag
nets sufficient themselves to fasten friends
10 him with hooks Of steel
! always single him out in my memory
under the appcllation, The heart-broken
nugant" Perhaps the story of his life,
briefly told may serve ''to point moral
and adorn a tale" and thus act as
warning to men OF like temperament.
lie has passed on TO fields elysian, so l
may write freely as well as kindly in mis-
memory.
He arrived in Detroit in the year 1860.
bearing letter Of introduction from Hon.
" Alluln IL AthdiAf AlAtn GnlLtl 6NdltN
Senator from New York, to my father,
the late Hon. Jacob NJ. Howard. ex-at-
torney general OF Michigan. and later
United States Senator from 1852 10 1871,
inclusive. The result Of this introduction
was the engagement of Senator Howard
as chief counsel I'm the preparation and
conduct Of the aforementioned action IN
equity, his counsel fee TO be a contingent
one on a successful final determination,
IN he E,afe~bho oc
$4,000. i'm addition 10 all necessary legal
expenses incurred.
Immense Tract Claimed.
Briefly stated the suit was brought by
the heirs at law of the Chevalier de
Repentgnv, who were then and long had
been residents OF the Island Of Guada-
loupe, in the Leeward Islands, Caribbean
Sea. 10 recover possession Of an immense
tract of land, covering about 10000 acres.
including the present site OF the town Of
Sault Ste Marie. on st. Mary's River,
which connects Lake Superior and Lake
Ontario. and supplies the water directly
for the celebrated 800 Canal. through
which passes the largest tonnage in the
world.
This vast region Of mineral and timber
country had been granted in the year
General" Of New France" now Canada.
and subsequently ratified in due form by
the King OF France 10 the Chevalier de
Repentgny and Sieur de BOnne jointly
as a compensation for services rendered
by them when the State now known as
Michigan was part Of the domain o.
France.
In Guadalupe NJ. Favarger had become
acquainted with the chevalier's hers-at-
Ill
Observation-Disclosures of the count who
executed 20 him full power Of attorney
10 act for them in the effort to recover
their ancestral estate which II was
claimed, had escheated to the United
States.
The Federal government was represent
cd IN the United States District Court by
Joseph Miller. United States district at
tcrney; Alfred Russell, acting United
United States district attorney, and Lock
wood & Clarke, attorneys, of counsel.
Senator Howard received professional
assistance in behalf of petitioners from
the late Judge Badgley, of Montreal. and
an attorney in Paris. whose name was
Violet
Original Grant an Exhibit.
The work done by Mr. Howard in the
case was enormous. his knowledge of
very materially assisted by his French
associates and NJ. Favarger. Dispositions
OF witnesses We're taken in Guadaloupe
Paris Dublin, Bristol. quebec, Montreal
Sherbrool1e. Washington, ID. c.. and in
other places. Exhibits We're piled m
like ~PeliOn on Ossa. among them being
the original parchment grant itself. with
the royal seal in gold and wax and purple
ribbon attached thereto.
The final hearing of the case before
Judge wilkins began on the 18th OF Octo-
her. 1862. Intricate legal principles were
involved and the argument was a pro-
found one
On final argument Of counsel. District
Attorney Russell occupied FIVE DAYS. in
all fifteen hours; Mr.. Clarke, on the same
side. six days, or eighteen hours: SEN
ator Howard consumed in his opening
argument twenty-one hours, and in his
closing argument nine hours-a total of
thirty hours both counsel for the United
States consuming thirty-three hours.
on April >. 1864, Judge Wilkins decided
the case in favor OF petitioners. and a
decree was accordingly entered con-
frming the title 20 them and bounding
the tract in accordance with the govern
ment surveys. II was great forensic
victory for Mr.. Howard, and my
friend Favarger was. Of course. supremacy
elated. The latter had stuck 70 The
snip through thick and thin" having a
y large pecuniaTy interest at stake, and ex-
pended a large personal fortune Of his
own in the prosecution of the suit
Heirs Lose Upom Appeal.
IN the following August dS6D appeal
WAS taken bV fhe government Aro,,