TWENTY-FIRST CONGRESS. Sess. I. Ch. 105, 106. 1830.
405
Chap. CV. _ Jn Jet to quiet the titles of certain purchasers of lands, between the
lines of Ludlow and Roberts, in the state of Ohio .
Be it enacted by the Senate and House of Representatives of the UnitedStates of America, in Congress assembled, That the President of theUnited States be, and he is hereby, authorized to pay, out of any moneyin the treasury, not otherwise appropriated, to the Virginia military claim-ants of lands situated between the two lines in the state of Ohio , com-monly called Ludlow’s and Roberts’ lines, and south of the Greenvilletreaty line, located prior to the twenty-sixth day of June, in the year ofour Lord one thousand eight hundred and twelve, the sum of sixty-twothousand five hundred and fifteen dollars and twenty-five cents, with in-terest thereon from the fourth March, eighteen hundred and twenty-five,at six per cent, per annum, until paid; being the amount at which saidlands were valued, exclusive of improvements, under the act of Congress ,entitled “ An act to authorize the President of the United States toenter into certain negotiations relative to the lands located under Vir-ginia military land warrants, lying between Ludlow’s and Roberts’ lines,in the state of Ohio ;” Provided however, That before the payment ofsaid sum, the said claimant or claimants shall relinquish, by deed ordeeds, to the United States , in such manner as the President shall direct,their title or titles to the said lands.
Sec. 2. And be it further enacted, That the payments aforesaid shallbe made as directed to the said claimants, according to the valuation oftheir respective tracts of land, made under the above-recited act of Con-gress .
Approved, May 26, 1830.
Statute I.May 26, 1830.
Act of May26, 1824, ch.188.
Proviso: Ti-tles to be re-linquished.
Payment tobe made accord-ing to valuation.
Statute I.
Chap. CVI .—Jn Jet to provide for the final settlement cf land claims in May 26, 1830.
Be it enacted by the Senate and House of Representatives of the UnitedStates of America, in Congress assembled, That all the claims and titlesto land filed before the register and receiver of the land office, acting ascommissioners, in the district of East Florida , under the quantity con-tained in one league square, which have been decided and recommendedfor confirmation, contained in the reports, abstracts and opinions, of saidregister and receiver, transmitted to the Secretary of the Treasury , ac-cording to law, and referred by him to Congress , on the fourteenth dayof January, one thousand eight hundred and thirty, be, and the same arehereby confirmed, with the exception of such claims as were confirmedby the Spanish government, subsequent to the twenty-fourth of January,one thousand eight hundred and eighteen, which shall be re-examinedand reported, with the evidence by the register and receiver, before thenext session of Congress, to the Secretary of the Treasury , to be laidbefore Congress .
Certain claimsconfirmed, ex-cept, &c.
(a) 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 aparticular survey, it would not be proper in the court below to open the case for a rehearing, for thepurpose 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 disturbthe 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 , mustbe construed to contain the same limitation of time, within which claims were to be presented, as thatprovided 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 forthe confirmation of an incomplete concession, after the 26th May, 1831. Ib.
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 andlaws of its own government. Pollard’s Lessee v. Hagan, 3 Howard, 212.