THIS case was brought up from the Supreme Court of the State of Missouri, by a writ of error issued under the 25th section of the judiciary act. It was an action of ejectment brought by the plaintiff in error. Delauriere, against Emison. Both parties claimed titles under acts of Congress. The case was carried to the Supreme Court of Missouri, where the decision was against Delauriere, and he sued out a writ of error to bring the question before this court.
Delauriere claimed under a Spanish concession, granted by Delassus, and subsequently confirmed by Congress; and Emison under an act of Congress granting certain land to Missouri, and sold by that State. The history of the laws relating to the adjustment of land titles in Missouri is given with great particularity in the report of the case of Stoddard v. Chambers, 2 How. 285. The following is the history of the two titles in this case, as exhibited in the court below:
The plaintiff claimed title by virtue of a concession from Carlos Dehault Delassus, Lieutenant-Governor of Upper Louisiana, to Louis Labeaume and Charles Fremon Delauriere, for 10,000 arpens of land, at a place called La Saline Ensanglantee (The Bloody Saline.) The tract was surveyed by James Rankin, Deputy Surveyor, and certified by Antonio Soulard, Surveyor-General. Fremon Delauriere and his family resided upon the land, and made salt upon it in 1800, and for several years afterwards. The claim was filed with the Recorder of Land Titles, before the 1st July, 1808, and was reserved from sale by the acts of 3d March, 1811, and 17th February, 1818. It was confirmed to the claimants, or their legal representatives, by the act of the 4th July, 1836. Louis Labeaume conveyed his interest in the land to Fremon Delauriere, by a deed dated 15th July, 1806, and the present plaintiff purchased the entire interest of Fremon Delauriere at sheriff's sale.
The defendant set up a title derived from the United States, as follows:
By the 6th section of an act of Congress, approved March 6, 1820, entitled 'An act to authorize the people of Missouri Territory to form a constitution,' &c., it was enacted that certain propositions be, and the same thereby were offered to the convention of said Territory of Missouri, when formed, for their free acceptance or rejection, which, if accepted by the convention, should be obligatory upon the United States.
Among said propositions was one, as follows, viz. 'That all salt-springs, not exceeding twelve in number, with six sections of land adjoining to each, shall be granted to said State, for the use of said State, the same to be selected by the legislature of said State, on or before the 1st day of January, in the year 1825; and the same, when so selected, to be used under such terms, conditions, and regulations as the legislature of said State shall direct: Provided, That no salt-spring, the right whereof now is, or hereafter shall be, confirmed or adjudged to any individual or individuals, shall by this section be granted to said State.
And provided, also, 'That the legislature shall never sell or lease the same, at any one time, for a longer period than ten years, without the consent of Congress.' Story's Laws, vol. 3, 1762, (U. S. Stat. Large, vol. 3, p. 545.) This, with all the other propositions, was duly accepted by said convention of Missouri, by an ordinance adopted July 19, 1820. Laws of Mo., (by Edwards,) vol. 1, p. 632. Six of said salt-springs, with the sections of land adjoining, were selected by the Legislature of Missouri, on or before the 12th day of January, 1822. The seventh, with the land adjoining, (six sections,) was selected December 14, 1822, by said legislature, as appears by an act approved that day. Laws of Missouri of 1822, p. 59; Edwards's edition, vol. 1, p. 83.
Under this last act, and another approved the day next previous, commissioners were appointed for the purpose of selecting the remaining, with the six sections of land adjoining to each, to which the State was entitled under said act of Congress. Laws of Mo. (by Edwards,) vol. 1, p. 981.
These acts made it the duty of the commissioners to select five springs and adjoining lands, and make their report to the legislature at the next session, to commence the third Monday of November, 1824. They also made it the duty of the commissioners to file with the register of the land office of the district, where any salt-spring might be selected, a notice of the same, and of the land adjoining each spring, describing as precisely as practicable the locality of the same. See § 4, Act December 13, 1822.
The commissioners were required to meet in the town of Franklin on the first Monday in September, 1823, or as soon thereafter as might be, and from thence proceed to select the five salt-springs and land adjoining. Laws of Missouri, 1822, p. 57, Edwards's ed. vol. 1, p. 983.
Said commissioners made the selections and reported to the next session of the legislature, as required, after which, but during that session, by an act approved January 14, 1825, it was enacted as follows: 'That the following salt springs, with the lands adjoining to each, as hereinafter mentioned, the hereby declared to be selected and accepted for the use of this State; under the provisions of an act of the Congress of the United States, entitled 'An act to authorize the people of the Territory of Missouri to form a constitution,' (giving the full title of the act,) approved the 6th day of March, in the year one thousand eight hundred and twenty, that is to say, 'First Section.' Then follows, in regular order, an enumeration and description of the entire twelve springs and the lands adjoining each, which had been selected at various times, as before stated.
The land in controversy in this suit, is a part of that selected through the commissioners appointed under said acts of 1822.
By an act of the Legislature of Missouri, approved January 15, 1831, entitled 'An act to provide for the sale of the saline lands,' it was enacted, so soon as Congress should raise the restriction thereon, and assent to the sale for the benefit of the State, the twelve salt-springs, together with six sections of land attached thereto, obtained from the United States for the benefit of the State, the whole of the said lands should be offered for sale in a manner particularly described in said act. Laws of Missouri, (by Edwards,) vol. 2, p. 179.
By the 8th section of an act of Congress, approved March 3, 1831, entitled 'An act to create the office of surveyor of public lands for the State of Louisiana,' it was enacted that the legislature of said State of Missouri shall be, and is hereby, authorized to sell and convey in fee-simple all or any part of the salt-springs, not exceeding twelve in number, and six sections of land adjoining to each, granted to said State, by the United States, for the use thereof, and selected by the legislature of said State on or before the 1st day of January, 1825.' Story, Laws, vol. 4, 2259; Stat. at Large, vol. 4, p. 493, 494.
On the 29th day of November, 1831, the land in controversy was, in the mode prescribed by said act of the legislature, of January 15, 1831, sold to James Emison, under whom the defendant holds, and patents therefor, from the State of Missouri, dated April 26, 1832, were duly executed to said Emison. The plaintiff asked for the following instructions, which the court refused to give, and to which refusal the plaintiff excepted:
1st. That if the land in controversy had been, before the 20th day of December, 1803, conceded by the Spanish government to Fremon Delauriere and Louis Labeaume, and that said land had been surveyed before the 10th day of March, 1804, and that said Delauriere and Labeaume, or their legal representatives, had filed with the Recorder of Land Titles, prior to 1st of July, 1808, notice of said claims; then said claim was reserved, and could not be lawfully selected by the State of Missouri, under provisions of the act of Congress of the 6th March, 1820, provided said claim of Fremon Delauriere and Louis Labeaume has since been confirmed.
2d. That, by the act of Congress of the 6th of March, 1820, the legislature of Missouri could not lawfully select any land which had been, or was thereafter, confirmed or adjudged to any individual or individuals.
3d. That, unless the legislature of the State of Missouri made its selection of the land in question, on or before the 1st of January, 1825, it was illegal, and is not a valid title against a confirmation under the act of the 4th of July, 1836.
4th. That the act of Congress of the 3d March, 1831, conveys no title in any lands to the State of Missouri; said act only authorizes said States to sell, absolutely, lands already granted by the act of the 6th of March, 1820.
The defendant asked, and the court gave, the following instructions to the jury, to the giving of which the plaintiff excepted. The defendant, by his counsel, first moves the court to instruct the jury.
1st. That if they believe, from the evidence in this cause, that the State of Missouri selected the land, on or before the 1st day of January, 1825, under the 2d clause of the 6th section of an act of the Congress of the United States, entitled 'An act to authorize the people of the Missouri Territory to form a constitution, &c., approved the 6th of March, 1820;' and that said State of Missouri sold and patented the said land in controversy in fee-simple to the said defendant, after the 3d day of March, 1831, and before the 9th day of July, 1832, they should find for the defendant.
2d. That, if they shall believe from the evidence, that said land was selected by the State of Missouri, under said act, on or before the 1st of January, 1825, and that said State afterwards, and between the 3d of March, 1831, and the 9th of July, 1832, sold and patented the said land to the defendant, they ought to find for the defendant, although they may believe the said land was confirmed to the plaintiff's landlord by the act of July 4, 1836.
The jury found a verdict for the defendant, which the court refused to set aside, to which refusal the plaintiff excepted. The judgment of the Circuit Court was affirmed by the Supreme Court of the State of Missouri, and ...