Winter et al. v. United States.
but I shall not undertake to determine how nearly these translations assimilate to each other, because, should this case be taken to the supreme court, that tribunal will have no difficulty in ascertaining the true meaning of the paper.
Without descending to particulars on this point, I will only observe that I regard this concession as authorizing Elisha Winter to select, within the then district of Arkansas, one million of arpens of land, which was to be severed from the royal domain, and occupied within one year from the date of the concession, or else the concession to be void; in other words, that he was to establish himself upon it in one year.
The genuineness of the signature of the Baron de Carondelet to the concession, has been, in my opinion, sufficiently proved by competent witnesses,—those who are acquainted with his handwriting,—so as to entitle it to be used as evidence in any court of justice.
The district attorney in his argument, insists that the Baron de Carondelet had no authority to make so extensive a grant, and that if he could rightfully do so, he might with the same propriety have conceded to any private individual, as a mere gratuity, a whole parish or district of the royal domain. Certainly no one can doubt that a concession so immense ought to be closely scrutinized; but at the same time I do not feel it incumbent upon me to inquire into the precise extent and nature of the powers vested in the governor-generals of Louisiana as it respects the quantity of land which could be granted. The supreme court of the United States has frequently decided in this kind of cases, that a grant or concession made by an officer who has by law authority to make it, carries with it primâ facie evidence that it is within his power, unless the contrary is shown; and it is, therefore, no longer a debatable question. United States v. Arredondo, 6 Peters, 691; 7 Ib. 51; 8 Ib. 436; 9 Ib. 134.
Without further inquiry, therefore, I shall assume that the Baron de Carondelet possessed the power to make this concession; that the extraordinary extent of it is no objection to its validity; and then comes the main question in the case, namely, whether the land mentioned in the concession, was separated
