The decree of the Supreme Court of East Florida confirming a
concession of land to the appellee granted to him by Governor
Coppinger in December, 1817, confirmed.
A concession on condition becomes absolute when the condition is
performed.
The original concession by Governor Coppinger on the petition of
George J. F. Clarke was made on 17 December, 1817, of twenty-six
thousand acres of land in the places he solicited in his petition,
and a complete title was made of twenty-two thousand acres, part of
the same, in December, 1817. Twenty thousand acres, part of the
whole concession, were sold by the appellee. The other four
thousand were surveyed in conformity with the decree 17 December,
1817, and a complete title to the same was made by Governor
Coppinger on 4 May, 1818.
By the Court:
"The claimant cannot avail himself of the grant of 4 May, 1818,
made after 24 January, 1818, the time limited by the Florida
treaty. He must rest his claim on the concession made on 17
December, 1817."
The validity of concessions of land by the authorities of Spain
in East Florida is expressly recognized in the Florida treaty and
in the several acts of Congress.
The eighth article allows the owners of land the same time for
fulfilling the conditions of their grants from the date of the
treaty, as is allowed in the grant for the date of the instrument.
And the Act of 8 May, 1822, requires every person claiming title to
lands, under any patent, grant, concession, or order of survey
dated previous to 24 January, 1818, to file his claim before the
commissioners appointed in pursuance of the act. All the subsequent
acts on the subject observe the same language, and the titles under
these concessions have been uniformly confirmed when the tract did
not exceed a league square.
MR. CHIEF JUSTICE MARSHALL delivered the opinion of the
Court.
This case is in many respects similar to that which has been
decided at this term, between the same parties. The appellee
Page 34 U. S. 169
filed his petition before the District Court of East Florida,
asserting a title to twenty-six thousand acres of land, granted by
Don Jose Coppinger, governor of that territory, while under the
dominion of His Catholic Majesty.
The petition presented by Clarke to the Spanish governor asks,
in consideration of services and as a remuneration for losses
sustained, all which he states, twenty-six thousand acres of land
in the following places: twenty-two thereof in the Hammocks of
Cuscoville and Chachala, and the four remaining at a vacant place
called Yallahassa, on the west of the River St. John.
On 17 December, 1817, the governor passed a decree granting in
absolute property to the said Don George Clarke the twenty-six
thousand acres of land in the places he solicits in his petition,
and a complete title was made in December, 1817, to twenty-two
thousand lying in the Hammocks, known by the names of Cuscoville
and Chachala. The petition filed in the district court states that
twenty thousand acres, part of this tract, have been surveyed at
the place designated and sold to John De Centralgo.
The other four thousand acres were surveyed in conformity with
the decree, and a complete title made by Governor Coppinger on 4
May, 1818.
The court decreed the claim to be valid, and reciting that
twenty thousand acres, part of the twenty-two thousand, had been on
the same day confirmed to Moses E. Levy, on his petition for the
same, proceeded to decree the remaining four thousand acres to the
petitioner.
The United States appealed from this decree.
The only question not already decided which is made in this case
arises from the fact that the full title for the four thousand
acres of land in controversy was made after 24 January, 1818. The
petitioner therefore cannot avail himself of that grant, and must
rest his claim on the concession made 17 December, 1817. That
concession is unconditional, but the counsel for the United States
contends that it can give no valid title. The argument is
understood to have been applied to concessions made absolutely, as
well as to those made on condition, and the Court will therefore
consider it as
Page 34 U. S. 170
applicable to both. A concession on condition becomes absolute
when the condition is performed.
The validity of concessions is, we think, expressly recognized
both in the treaty and in the several acts of Congress.
The eighth article allows the owners of lands the same time for
fulfilling the conditions of their grants, from the date of the
treaty, as is allowed in the grant from the date of the instrument,
and the Act of 8 May, 1822, requires every person claiming title to
lands under any patent, grant, concession, or order of survey,
dated previous to 24 January, 1818, to file his claim before the
commissioners appointed in pursuance of that act. All the
subsequent acts on the subject observe the same language, and the
titles held under these concessions have been uniformly confirmed
where the tract did not exceed a league square. The question is not
now open for discussion.
The decree is confirmed.
This cause came on to be heard on the transcript of the record
from the Superior Court for the Eastern District of Florida, and
was argued by counsel, on consideration whereof it is ordered,
adjudged, and decreed by this Court that the decree of the said
superior court in this cause confirming the title of the claimant
be and the same is hereby affirmed in all respects.
