Page:United States Statutes at Large Volume 4.djvu/451

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TWENTY-FIRST CONGRESS.Sess. I. Ch. 105, 106.1830.

Statute Ⅰ.

May 26, 1830.

Chap. CV.—An Act to quiet the titles of certain purchasers of lands, between the lines of Ludlow and Roberts, in the state of Ohio.

Appropriation of $62,515 25, to pay Virginia military claimants.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to pay, out of any money in the treasury, not otherwise appropriated, to the Virginia military claimants of lands situated between the two lines in the state of Ohio, commonly called Ludlow’s and Roberts’ lines, and south of the Greenville treaty line, located prior to the twenty-sixth day of June, in the year of our Lord one thousand eight hundred and twelve, the sum of sixty-two thousand five hundred and fifteen dollars and twenty-five cents, with interest thereon from the fourth March, eighteen hundred and twenty-five, at six per cent. per annum, until paid; being the amount at which said lands were valued, exclusive of improvements, under the act of Congress, entitledAct of May 26, 1824, ch. 188.
Proviso: Titles to be relinquished. “An act to authorize the President of the United States to enter into certain negotiations relative to the lands located under Virginia military land warrants, lying between Ludlow’s and Roberts’ lines, in the state of Ohio;” Provided however, That before the payment of said sum, the said claimant or claimants shall relinquish, by deed or deeds, to the United States, in such manner as the President shall direct, their title or titles to the said lands.

Payment to be made according to valuation.Sec. 2. And be it further enacted, That the payments aforesaid shall be made as directed to the said claimants, according to the valuation of their respective tracts of land, made under the above-recited act of Congress.

Approved, May 26, 1830.

Statute Ⅰ.

May 26, 1830.

Chap. CVI.—An Act to provide for the final settlement of land claims in Florida.^[1]

Certain claims confirmed, except, &c.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all the claims and titles to land filed before the register and receiver of the land office, acting as commissioners, in the district of East Florida, under the quantity contained in one league square, which have been decided and recommended for confirmation, contained in the reports, abstracts and opinions, of said register and receiver, transmitted to the Secretary of the Treasury, according to law, and referred by him to Congress, on the fourteenth day of January, one thousand eight hundred and thirty, be, and the same are hereby confirmed, with the exception of such claims as were confirmed by the Spanish government, subsequent to the twenty-fourth of January, one thousandReport to be laid before Congress. eight hundred and eighteen, which shall be re-examined and reported, with the evidence by the register and receiver, before the next session of Congress, to the Secretary of the Treasury, to be laid before Congress.

↑ See notes of the decisions of the Supreme Court, as to Florida land claims, vol. iii. p 709.
Where the Supreme Court has affirmed the title to lands in Florida, and referred in its decree to a particular survey, it would not be proper in the court below to open the case for a rehearing, for the purpose of adopting another survey. Chaires v. The United States, 3 Howard, 611.
The court below can only execute the mandate of the Supreme Court; it has no authority to disturb the decree, and can only settle what remains to be done. Ib.
The act of 26th May, 1830, ch. 106, providing for the final settlement of land claims in Florida, must be construed to contain the same limitation of time, within which claims were to be presented, as that provided by the act of May 23, 1828, ch. 70. United States v. Marvin, 3 Howard, 620.
The limitation was one year. The courts of Florida, therefore, had no right to receive a petition for the confirmation of an incomplete concession, after the 26th May, 1831. Ib.
Under the Florida treaty, the United States did not succeed to those rights which the king of Spain had held by virtue of his royal prerogative, but possessed the territory, subject to the institutions and laws of its own government. Pollard’s Lessee v. Hagan, 3 Howard, 212.

[1] See notes of the decisions of the Supreme Court, as to Florida land claims, vol. iii. p 709.
Where the Supreme Court has affirmed the title to lands in Florida, and referred in its decree to a particular survey, it would not be proper in the court below to open the case for a rehearing, for the purpose of adopting another survey. Chaires v. The United States, 3 Howard, 611.
The court below can only execute the mandate of the Supreme Court; it has no authority to disturb the decree, and can only settle what remains to be done. Ib.
The act of 26th May, 1830, ch. 106, providing for the final settlement of land claims in Florida, must be construed to contain the same limitation of time, within which claims were to be presented, as that provided by the act of May 23, 1828, ch. 70. United States v. Marvin, 3 Howard, 620.
The limitation was one year. The courts of Florida, therefore, had no right to receive a petition for the confirmation of an incomplete concession, after the 26th May, 1831. Ib.
Under the Florida treaty, the United States did not succeed to those rights which the king of Spain had held by virtue of his royal prerogative, but possessed the territory, subject to the institutions and laws of its own government. Pollard’s Lessee v. Hagan, 3 Howard, 212.

[1]