Page:United States Statutes at Large Volume 4.djvu/607
TWENTY-SECOND CONGRESS. Sess. I. Ch. 165, 166. 1832. 561 Srsrurs I. Cmp. CLXV.--.:9n .0cI in authorize the surveying and making of a roadfrom July 4, 1832. La Plaiscmu bay, in the territory of Mchigan, to inlersccl the Chicago road. Bc it enacted by the Senate and House of Representatives of the United Commissioners Stairs of America, in Congress assmnbled, That the President of the :° **6 ¤PP°¤¤¥¢g United States be, and he is hereby, authorized to appoint three commis- lg, gzivggdv sioners, who shall explore, survey, and mark, in the most eligible course, a road from La Plaisance bay, in the territory of Michigan, to intersect, at some suitable point, the road from Detroit to Chicago, established under the provisions of the act of the third of March, one thousand eight hundred and twenty-Five; and said commissioners shall make out Plate of sur. accurate plats of such surveys, accompanied with field notes, and certify gg); ty %°:°m· and transmit the same to the President of the United States, who, if he mmgdn ,0 mg; approve of said surveys, shall cause the plats thereof to be deposited in President; inpthe office of the Treasury of the United States, and the said road shall §'°"°*} d*°Mb¤ be considered as established and accepted: Provided, That said com- °}°,::,t;°j ' missioners shall be disinterested persons, not residents of the counties of Monroe or Lenawee, in said territory. Sec. 2. And be it further enacted, That the said commissioners shall, _Pay of comeach, be entitled to receive three dollars, and their assistants one dollar ¤¤€=i<>¤¤*• md and fifty cents, for each and every day they shall be necessarily employed "“'m"t°' in the surveying, exploring, and marking, of said road, and making their returns thereof; Provided, That the whole expense thereof shall not ex- proviso. coed the sum of five hundred dollars. Src. 3. be it further enacted, 'lthat, for the purpose of compen- Appropriation. sating the said commissioners and their assistants, and for opening and making said road, there shall be, and is hereby, appropriated, the sum of iitieen thousand dollars, to be paid out of any moneys in the treasury not otherwise appropriated, to be expended under the direction of `the President of the United States, for the purposes aforesaid: Provided, Proving, however, That the money applied to the making of said road, shall be laid out first in making such parts of it from La Plaisance bay, to the crossing of the river Raisin, at or near Tesecumseh, as have not heretofore been improved; and the residue, if any, upon such parts of it as, in the judgment of the superintendent, the public good may most require. Arpnoven, July 4, 1832. S·rs·ru·n=: I. CHAP. CLXVI.—-An Jctfar the/ina! adjustment of the claims to lands in the July 4, r33g, south-eadcrn la-nd district of the stale of Louisiana. (a) ···*’—"_‘ Be it enacted by the Senate and House of Representatives ey" the United States of America, in Congress assemb , That any person or persons, claiming lands within the limits of the south-eastern land district of the (ay Decisions of the Supreme Court on land titles in Louisiana., in addition to the cases stated in notes to vol. ii, 288, 713. The treaty by which Louisiana was ceded to the United States, recognised complete grants, issued anterior to the cession, and a decision of a state court against the validity of a title set up under such a grant, would be subiect to' revisal by the Supreme Court, under the twenty-Efth section of the Judicisry act. M‘Donough v. Millaudon, 3Howard, 693. But, if the state court only applies the local lsws of the state to the construction of the grant, it is not a decision against its validity, and the Supreme Court has no jurisdiction. Ibid. Congress, in acting upon complete grants, recognised them as they stood; and the act of 11th of May, 1820, contirming such as were recommended for contirmation by the register and receiver, had no reference to any particular surveys. Ibid. A decision of a. state court, therefore, which may be in opposition to one of these surveys, is not against the validity of a title existing under an act of Congress; and this court has no jurisdiction in such s case. Ibid. The certificate of survey slleged to have been given by Trudeau, an the l4th of June, 1797, and brought forward to sustain s grant to the Marquis de Maison Rouge, declared ante-dated and fraudulent. United States u. King et sl., 3 Howard, 773. The circumstance that s copy of this paper was delivered by the Spanish authorities in 1803, is not sufficient to prevent its authenticity from being impeached. Ibid. Von. IV.-71
