Legal Opinions of the Honourable Joseph M. White, of the House of Representatives, U. States, Honourable Daniel Webster, Senator in Congress, and Edward Livingston, Esq., LL. D. and Late Secretary of State of the U. States, in Relation to the Title of the Duke of Alagon
H. Cassidy, printer, 1836 - 27 páginas
Consideration of: "Case. The King of Spain, by royal grant, dated the 17th day of December, 1817, granted certain lands in East Florida to the Duke of Alagon; of which formal and regular possession was taken by the duke's agents, on the 27th day of June following."--Page .
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8th Article alienation annulled argument assent assume authority avail bear belong bound Catholic Majesty ceded cession claim competent concession conclusion condition confirmed consent considered Constitution construction contained Cortes Cortez countries Court decided declaration Domain dominion doubt Duke of Alagon East Florida effect establish express fact February fixed force foreign founded further give given Government grants of land Hackley individual invalid January Judge Justice King of Spain laws of Spain legally limits manner March mentioned MICHIGAN millions Ministers Monarchy necessary never object observe opinion parties period pointed positive possession present principles private property proper Province question ratified ratified and confirmed referred relate remain respect rights of property Royal royal order showing signed sovereign Spanish Spanish law stipulated subsequent taken tenor Territory things tion Treaty understanding understood United vacant valid violation void whole
Página 17 - His Catholic Majesty cedes to the United States, in full property and sovereignty, all the territories which belong to him situated to the eastward of the Missisippi, known by the name of East and West Florida...
Página 23 - ... in Europe, have been prevented from fulfilling all the conditions of their grants, shall complete them within the terms limited in the same, respectively, from the date of this treaty; in default of which the said grants shall be null and void. All grants made since the said 24th of January, 1818, when the first proposal, on the part of His Catholic Majesty, for the cession of the Floridas was made, are hereby declared and agreed to be null and void.
Página 10 - It may not be unworthy of remark, that it is very unusual, even in cases of Conquest, for the conqueror to do more than to displace the Sovereign, and assume dominion over the Country. The modern usage of Nations, which has become law, would be violated ; that sense of justice and of right which is Acknowledged and felt by the whole civilized world, would be ou,traged^ if private property should be generally confiscated, and private rights annulled.
Página 10 - It may not be unworthy of remark that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law, would be violated ; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated Dissenting Opinion : Shiras, Field, JJ. and private rights annulled.
Página 19 - Cession mentioned and stipulated in the 2d and 3d articles, I approve and ratify all and every one of the articles referred to and the clauses which are contained in them; and in virtue of these presents I approve and ratify them; promising on the faith and word of a King to execute and observe them, and...
Página 19 - Desirous at the same time of avoiding any doubt or ambiguity concerning the meaning of the 8th article of the said treaty, in respect to the date which is pointed out in it as the period for the confirmation of the grants of lands in the Floridas, made by me, or by the competent authorities in my royal name, which point of date was fixed in the positive understanding of the three grants of...
Página 11 - Had Florida changed its sovereign by an act containing no stipulation respecting the property of individuals, the right of property in all those who became subjects or citizens of the new government would have been unaffected by the change.
Página 18 - All the grants of land made before the 24th of January, 1818, by His Catholic Majesty or by his lawful authorities in the said Territories ceded by His Majesty to the United States, shall be ratified and confirmed to the persons in possession of the lands, to the same extent that the same grants would be valid if the Territories had remained under the Dominion of His Catholic Majesty.
Página 19 - I think proper to declare that the said three grants have remained and do remain entirely annulled and invalid ; and that neither the three individuals mentioned, nor those who may have title or interest through them, can avail themselves of the said grants at any time, or in any manner : under which explicit declaration the said 8th article is to be understood as ratified.
Página 17 - The adjacent islands dependent on said provinces, all public lots and squares, vacant lands, public edifices, fortifications, barracks and other buildings, which are not private property, archives and documents, which relate directly to the property and sovereignty of said provinces, are included in this article.