Buyck v. United States - 40 U.S. 215 (1841)


U.S. Supreme Court

Buyck v. United States, 40 U.S. 15 Pet. 215 215 (1841)

Buyck v. United States

40 U.S. (15 Pet.) 215

APPEAL FROM THE SUPERIOR

COURT OF EAST FLORIDA

On 23 May, 1829, Ann Buyck, the appellant, presented a petition to the Superior Court for the Eastern District of Florida, claiming title to a tract of land containing 50,000 acres, south and north of the Musquito River. The title on which the claim was founded was a Spanish

Page 40 U. S. 216

grant from Governor White.

The proceedings on which the grant was made, and the grant, were as follows:

"His Excellency, the Governor: Don Augustin Buyck, a resident of this place, with the greatest respect, appears before your Excellency, and says that having a large number of new negroes (negroes bozales), and there being also some white persons, native citizens of the United States of America, who wish to join him for the settlement and cultivation of the lands at Musquito, he solicits that this government will grant him fifty thousand acres of land, south and north of said place, with the privilege of, and asking for more, in proper time, as he may need it, within which lands it is not the intention of your petitioner that the tract which your Excellency granted to Don Ambrosio Hull should be embraced, who at this time has abandoned the possession of his settlement owing to Indian hostilities, but who is determined to return to said settlement in consequence of the protection that a large number of settlers in that neighborhood may afford, and that the right to the grant I pray for shall not be interrupted by the right that some individuals of this place, or foreigners may have, or pretend to have, to whom part of said lands may have been granted by order of your Excellency, and because the first to these persons have suffered a long time to elapse without taking any steps for the pretended cultivation of said land, which makes it appear that their right has in some degree become diminished, and there being others who offer to cultivate said land, in accordance with the wishes of the King, who is desirous of having the whole province settled, and as regards the latter, the same reasons apply in consequence of their not having complied with what they promised. Your petitioner promises positively to carry into effect said settlement, between the period embraced from this time and the month of December next, after which period it will remain discretionary with your Excellency to grant the said tract to any other person who may ask for it. The considerable number of settlers whom your petitioner offers to carry to that point will open a vast field towards fulfilling his Majesty's will, and to refrain the savages from committing robberies and hostilities who have by their incursions, until now,

Page 40 U. S. 217

troubled the plantations situated north of the capital, and your petitioner, not doubting that such considerations will have their due weight on your Excellency's mind, who is always disposed to do what seems best for the service of the King and of the country, your petitioner respectfully reiterates his prayer for this favor from the accustomed bounty of your Excellency."



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