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plles as well to pre-emptions as to other purchases continued to occupy the post until the month of of public lands. The act of the Legislature of Illinois, giving, a

May, 1823, when it was evacuated by order of right to the holder of a register's certificate of the the government, and was left in possession of entry of public lands to recover possession of such Dr. A. Wolcott, Indian Agent at Chicago. lands in an action of ejectinent, does not apply to

On the 19th of August, in the year 1828, the cases where a paramount title to the lands is in the hands of the defendant, or of those be repre- military post was again occupied by the troops sents. The exception in the law of Illinols applies of the government, acting under the order of to cases in which the United States have not parted the Secretary of War, as one of the military with the title to the land, by granting a patent for It.

posts of the United States. The post was A State has a perfect right to legislate as she again evacuated by the troops of the govern. may please in regard to the remedies to be prose- ment in the month of May, 1831, though the of the property of her citizens, by descent, devise, government never gave up the possession of or alienation. But Congress are invested, by the the military post, called Fort Dearborn, but Constitution, with the power of disposing of the left the same in the possession of one Oliver public land," and making needful rules and regula- Newberry, who authorized George Dole to take

Where a patent has not been issued for a part of and keep the same in repair; which said Dole the public lands, a State has no power to declare accordingly did. Said post was again occupied of the United States to the land, or against

a title by the troops of the government in June, 1832, held under a patent granted by the United States. under the command of Major Whistler, an of

Whenever the question in any court, State or ficer in the Army of the United States. At belonged to the United States has passed, that the time Major Whistler took possession, being question must be resolved by the laws of the Unit: at the time of the war with the Sac and Fox ed States. But whenever the property bas passed, Indians, several hundred persons were in the other in the State, is subject to State legislation ; fort for security against the Indians. The so far as that

legislation is consistent with the ad' military post has been occupied by the troops, mission that the title passed and vested according and was generally known at Chicago to be so Every tribunal acting Judicially, whilst acting ment of this suit, and is still used for that

occupied from that date up to the commencepellate tribunal is created, its judgment 18 inal ; purpose. and even where there is such an appellate power, their judgment is conclusive where it only comes

When the military post was evacuated in collaterally in question, so long as it is unreversed. 1831, the quartermaster at the post, acting But directly the reverse is true, in relation to the under orders, sold a greater part of the move Judgment of any court acting beyond the pale of able property, in and about the garrison, be. Its authority. curately stated by this court in the case of Elliott longing to the government, but sold none of et al. v. Peirsol et al. 1 Peters, 340.

the buildings belonging to the military post.

In the year 1817, John Baptiste Beaubean E "RROR to the Superior Court of the State of bought of one John Dean, who was an army Illinois.

contractor at the post, a house built upon said In the Circuit Court of Cook County in the land, by the said Dean, and gave him therefor State of Illinois, an action of ejectment was

one thousand dollars; attached to the house commenced in February, 1836, by John Jack was an inclosure used and occupied by said son, on the demise of Murray M'Connel, Dean as a garden and field, and Mr. Beaubean against De la Fayette Wilcox, for the recovery then took possession of the house and inclosure, of a part of the military post of Fort Dearborn, and continued in possession, cultivating a part at Chicago, in the State of Illinois; the defend of the inclosure every year, from the year 1817 ant being then in possession of the premises as to the 17th of June, 1836. the commander of the post. The defendant ap

In 1823, the factory-houses built at the post peared and after the usual pleadings, the upon the tract of land, were by order of cause was brought to trial in October, 1836, the Secretary of the Treasury sold, and Capt. and submitted to the court on an agreed state. Henry Whiting became the purchaser thereof. ment of facts, which was to be taken as if In the same year Whiting sold said improve. found as a special verdict.

ments to the American Fur Company, and the The premises sued for are part of fractional company, for the sum of five hundred dollars, section 10, in township 39, north of range 14, sold to said Beaubean, who took possession east of the 3d principal meridian, in the thereof, and continued to occupy the same, toCounty of Cook and State of Illinois, and em.gether with a part of the quarter section of brace the military post called Fort Dearborn, land, to the date of the commence [*501 of which post, at the time of the bringing of ment of this suit. Mr. Beaubean continued to this suit and the service of the declaration occupy said houses and inclosure upon the therein, the said defendant, De la Fayette land, and to cultivate a part of the land unWilcox, was in the possession of the said prem. molested and undisturbed by any person what. 500'] ises, “and was the commanding officer ever, from the year 1817 up to the day of the under the authority of the United States; which commencement of this suit. post was established by the United States in The land in question was surveyed by the 1804, and was thereafter occupied by the troops government in the year 1821. of the United States till August 16, 1812, when Since the military post was re-occupied by the the troops were massacred, and the post'taken United States troops in 1832, as before stated, by the enemies of the country. It was re- to wit, before the first day of May, 1834, the occupied by the troops on the 4th of July, United States built a light-house upon part of 1818, in which year the United States caused the land, and have kept constantly inclosed to be built upon the fractional section, No. 10, and cultivated for the use of the said garrison T. 39, N. R. 14 east, some factory-houses for at least twenty acres of said land. The United the use of the Indian Department. The troops / States troops, by order and consent of the gove

ernment, have also used and occupied various | 1830, Congress passed a law granting the right other government lands near and adjoining the of pre-emption upon the public lands to every quarter section of land.

person who cultivated any part of a quarter On the 2d of September, 1824, Dr. A. Wol- section of said land in 1829, and was in the actcott, Indian Agent, then stationed at Chicago, ual possession thereof on the 29th day of May, wrote the following letter to the Secretary of 1830; but which pre-emption right does not exWar of the United States, to wit:

tend to any land which is reserved from sale "Fort Dearborn, Chicago, Sept. 2, 1824. by act of Congress, or by order of the Presi.

“Sir: I have the honor to suggest to your dent, or which may have been appropriated consideration the propriety of making a reser: for any purpose whatsoever, or for the use of vation of this post and the fraction on which it the United States, or either of the States in is situated, for the use of this agency. It is which any of the public lands may be situated. very convenient for that purpose, as the quar- Mr. Beaubean having cultivated a part of F ters afford sufficient accommodation for all the section in 1829, and having been in possession persons in the employ of the agency, and the of a part so cultivated on the 29th day of May, storehouses are safe and commodious places for 1830; on the 7th day of May, 1831, made apthe provisions and other property that may be plication to the register and receiver of the in charge of the agent. The buildings and United States land office at Palestine, in Illiother property, by being in possession of a nois, and offered to prove a pre-emption upon public officer, will be preserved for public use, the land, and purchase the same at private should it ever be necessary to occupy them sale, under the pre-emption law, which claim again with a military force.

of pre-emption upon the land was not by the "As to the size of the fraction I am not cer- register and receiver at Palestine allowed to tain, but I think it contains about sixty acres; Mr. Beaubean. a considerable greater tract than that is under One Robert Kenzie, on the 7th day of May, fence; but that would be abundantly sufficient 1831, made application to the register and for the use of the agency, and contains all the receiver of the land office to be allowed to buildings attached to the fort, such as a mill, enter at private sale a part of the same fracbarn, stable, etc., which it would be desirable tional section 10; and the claim by the said to preserve.

register and receiver was then passed and al"I have the honor to be, etc.,

lowed, and Robert Kenzie was then permit“Alexander Wolcott, Jun., ted to enter at private sale, under pre-emp

"Indian Agent. tion law, the north fraction of fractional sec"Hon. J. C. Calhoun, Secretary of War.” tion 10.

Which letter John C. Calhoun, then Secreta- After application of Mr. Beaubean to ry of War of the United States, on the 30th of the register and receiver at Palestine as afore. September, 1824, inclosed with the following said, to wit, on the 7th and 12th of May, note to George Graham, Esq., Commissioner of 1831, Joseph Kitchell, then Register of_the the General Land Office of the United States. Land Office, addressed letters to Elijah Hay.

"Department of War, 30th Sept., 1824. ward, Esq., then Commissioner of the General "Sir: I enclose herewith a copy of a letter Land Office of the United States, informing from Dr. Wolcott, Indian Agent at Chicago, him of the application of the said Beaubean to and request you will direct a reservation to be enter said S. W. F. section 10, *town: [*303 made for the use of the Indian Department at ship 39, north of range 14 east, under the Prethat post, agreeably to his suggestions. I have emption Act; and on the 2d of November, 1831, the honor to be, etc.

J. C. Calhoun. Mr. Beaubean addressed a letter to the said "George Graham, Esq., Commissioner of the Hayward, Commissioner, etc., stating that in

General Land Office, Treasury Department." the month of May preceding he had filed in 502"] "And thereupon, on the first day of the office at Palestine aforesaid, proof of his October, 1824, George Graham, then commis right of pre-emption to the land, and insisting sioner of the land office, addressed a letter in that he was entitled to have the claim allowed; reply to the Secretary of War, at the same and in answer thereto was informed by the time subjoining to the letter of the said Secre- commissioner by letter, dated the 2d of Februtary of War, this note, to wit: "Answered the ary, 1832, that said southwest quarter of said first of October, 1824, and the frac. Sec. 10, T. fractional section 10, T. 39, N. R. 14 E. was 39, N. R. 14 E. colored and marked on the map, reserved for military purposes. On the 1st of as reserved for military purposes."

October, 1824, several other persons, in behalf The letter in reply is as follows, to wit: of said Beaubean, after his application as afore

General Land Office, said, prior to the said 2d of February, 1832,

1st of October, 1824. made inquiry by letter of said commissioner "Sir: In compliance with your request, I touching the same, and were informed by the have directed that the fractional section 10, commissioner that the tract of land had been Township 39, N. R. 14 E., containing 57-50 reserved for military purposes, and said Beauacres, and within which Fort Dearborn is situ. bean's application as aforesaid was rejected. ated, should be reserved from sale for military Afterwards, to wit, on the 19th day of June, purposes. I am, etc. George Graham. 1834, Congress passed an Act to revive the pre*Hon J. C. Calhoun, Secretary of War.” emption law of the 29th of May, 1830. by the

Which fractional section, mentioned in the first section of which act is provided that every foregoing letter of George Graham, embraces settler or occupant of the public lands prior to the premises sued for, and Fort Dearborn, oc- the passage of this act, who is now in possescupied by the United States as aforesaid. sion, and cultivated any part thereof in 1833,

After the writing and receipt the letters shall be entitled to all the benefits and priviaforesaid, to wit, on the 29th day of May, I leges of the Act entitled "An act to grant pre

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emption rights to settlers on public lands," ap- the said proclamation mentioned, marking and proved 29th May, 1830, and the Act is hereby coloring upon said plat certain lands to be rerevived, and shall continue in force two years served from sale; but neither the fractional from the passage of this act and no longer: and section 10, or any of the divisions thereof, were Mr. Beaubean having cultivated a part of the so marked or colored to be reserved from sale. fractional quarter of section 10 in 1833, and At the bottom of the President's proclama. having been in the actual possession and occu- tion is a general notice requiring all persons pancy of the part, so by him cultivated, on the who claim the right of pre-emption to any of i9th day of June, 1834, the date of the passage the lands in the proclamation mentioned, to of the last recited law, did, in the month of appear before the register and receiver of the July, 1834, apply to the register and receiver land office before the day appointed by said of the United States land office at Danville, in proclamation for the sale of said lands, and Illinois, for leave to prove a pre-emption, and prove their pre-emption; and after the notice enter the fractional quarter under the last re- the said John Baptiste Beaubean did, on the cited act; which application and claim of Beau. 28th day of May, 1835, appear before the regisbean was rejected by the said register and re- ter and receiver of the land office at Chicago, ceiver at Danville aforesaid, who informed there prove to the satisfaction of the said reg. Beaubean that said land was reserved for mil-ister and receiver that he was entitled to the itary purposes.

right of pre-emption to the said southwest fracAfter the writing of the letters by Dr. Wol- tional quarter of fractional section 10, and Mr. cott, Indian Agent, and J. C. Calhoun, Secre- Beaubean did, on the 28th day of May, 1835, tary of War, and George Graham, Commission enter and purchase at private sale of the Unit. er of the General Land Office, hereinbefore re-ed States and of the register of said land office, ferred to and set forth, to wit, on the 26th day the southwest fractional section 10, and then of June, 1834, Congress, by a law approved and there paid to the receiver of said land upon that day, created two additional land dis- office one dollar and twenty-five cents per acre, tricts in Illinois; one called northwest and the in full payment for said land, and obtained other the northeast land districts of the State from the receiver aforesaid the following reof Illinois, and the last-mentioned district in- ceipt, to wit: cludes the land in controversy. By the fourth section of said Act, it is pro

28th May, 1835. vided that the President shall be authorized, “Pre-emption Act, 19th June, 1834. so soon as the survey shall be completed, “to "No. 6. Received of John Baptiste Beau. cause to be offered for sale, in the manner pre- bean, of Cook County, Illinois, the sum of scribed by law, all the lands lying in said land ninety-four dollars and sixty-one cents, being district at the land offices, in the respective dis- in *full payment for the southwest [*505 tricts in which the lands so offered is em fractional quarter of section No. 10, in town. braced, reserving only section 16 in each town ship No. 39, north of range No. 14, east of the ship, the tract reserved for the village of Ga third principal meridian, containing seventylena; such other tracts as have been granted to five acres and sixty-nine hundredths of an acre, 504*] individuals *and the State of Illinois, at the rate of $1.25 per acre. and such reservation as the President shall "94.61,-Michigan paper. deem necessary to retain for military posts;

"E. D. Taylor, Receiver." any law of Congress heretofore existing to the Mr. Beaubean also obtained from the regiscontrary notwithstanding.

ter of the last-mentioned land office a certifiIt is further provided by said act that there cate in the words and figures following, to wit: "shall be established in each of said land dig. tricts a land office at such time and place as the

May 28th, 1835. President may deem necessary;" and that a "No. 6. It is hereby certified that, in pur. land office was established in said northeast suance of law, John Baptiste Beaubean, of land district before the 1st of May, 1835, which Cook County, State of Illinois, on this day is the land office at Chicago.

purchased of the register of this office the lot After the passage of the act, and after the or southwest fractional quarter of section numland office aforesaid was established, the Pres. ber ten, in township number 39, north of range ident of the United States, on the 12th day of fourteen east, containing seventy-five and sixFebruary, 1835, made and published his procla- ty-nine hundredths acres, at the rate of one mation directing various lands in said north: dollar and twenty-five cents per acre, amount. eastern land district to be sold at said landing to ninety-four dollars and seventy-five office at Chicago. Among said lands so pro-cents, for which the said John Baptiste Beauclaimed for sale, is the said fractional section bean has made payment in full ‘as required 10, in township 39, N. R. 14 E. unless the same by law. Now, therefore, be it known, that on is excepted by the general exception in said the presentation of this certificate to the Comproclamation, in the words following, to wit: missioner of the General Land Office, the said

The lands reserved by law for the use of John Baptiste Beaubean shall be entitled to schools, and for other purposes, will be exclud. receive a patent for the lot above described. ed from the sale."

“James Whitlock, Register. The lands were directed by the proclamation "Pre-emption Act, 1834.” to be sold at Chicago land office aforesaid, on Which certificate was presented to the Comthe 15th day of June, 1835, and before the said missioner of the General Land Office, and filed 15th day of June, to wit, in the month of April, in the office. 1835, the Commissioner of the General Land Afterwards, to wit, on the 4th day of March, Office caused to be transmitted to said land of. 1836, the register of the said land office at Chifice at Chicago the extended plat of the land in cago made, signed, and delivered to Mr. Beau

“Land Maticeste, Chosago, Illinois, }

bean his certificate in the words and figures and occupies the same not in his own right, but following, to wit:

as an officer of the Army of the United States “Land Office, Chicago, Illinois. only, in the command of the post, acting under "I, James Whitlock, register of the land of order of the Secretary of War, and of his su. fice at Chicago, in the State of Illinois, do perior officer, and of the United States. hereby certify that John Baptiste Beaubean, of After the purchase of the said land by Mr. the town of Chicago and State of Illinois, did, Beaubean, as hereinbefore stated, to wit, on the on the 28th day of May, in the year of our sixth day of February, 1836, he, the said BeauLord, 1835, under and by virtue of an Act of bean, by deed duly executed, acknowledged, Congress, passed on the 19th day of June, 1834, and recorded, according to the laws of the said entitled, 'An Act to revive an act granting State of Illinois, for and in consideration of pre-emption rights to settlers on the public the sum of dollars therein expressed, lands,' passed the 29th day of May, 1830, prove sold and conveyed the said premises, in the to the satisfaction of the register and receiver declaration mentioned, to Murray M'Connel, that the said Beaubean was entitled to the the lessor of the plaintiff; who purchased with right of pre-emption under said Act of the 19th a knowledge that a controversy existed between of June, 1834, to the southwest fractional quar- Mr. Beaubean and the government about said ter of fractional section number ten, in town- land. ship 39, north of range number fourteen east, It is further admitted that after the purchase and the said Beaubean did then enter and pure of the land by J. B. Beaubean, as herein before chase of the United States and of the register stated, Elijah Hayward, Esq., then Commisof said office the said southwest fractional sioner of the General Land Office, on the 31st quarter of fractional section number ten, in of July, 1835, addressed a letter to the register township number thirty-nine, north of range and receiver of the land office *at Chi- [*507 number fourteen east, of the third principal cago, stating that it had been represented meridian, situated in the district of lands of to the department that the land officers fered for sale at the land office at Chicago at Chicago had permitted to be sold said aforesaid, and is included in the northeast land southwest fractional section 10, T. 39, N. 508*] *district of the State of Illinois, which R. 14 E., including the site of Fort Deartract of land contains seventy-five acres and born, and informing them that such sale sixty-nine hundredths of an acre; for which is invalid in consequence of the reservation tract of land he, the said Beaubean, paid the and appropriation said fraction for mili. sum of ninety-four dollars and sixty-one cents, tary purposes, since the year 1824, and dibeing one dollar and twenty-five cents per acre recting the receiver to refund to Mr. Beauin full payment for the same.

bean the amount of the purchase money paid "All of which appears by the papers on thereon, which money was tendered by the ile in said land office, and by the maps, plats, receiver to Mr. Beaubean, who refused to reand records of said office now here.

ceive the same. "Given under my hand, as register as afore. On the 23d of January, in the year 1834, said, at the land office aforesaid, this 4th day Elijah Hayward, then Commissioner of the of March, in the year of our Lord 1836. General Land Office, addressed a note to the

James Whitlock, Register.". Hon. Lewis Cass, then Secretary of War of the Afterwards, to wit, on the 2d day of July, United States, inclosing a copy of the letter of 1836, Congress passed an Act entitled "An the 30th of September, 1824, from the then Act to confirm the sales of public lands in cer. Secretary of War, Mr. Calhoun, requesting tain cases,” by the second section of which it that said tract of land at Chicago, upon is provided that "in all cases where any entry which Fort Dearborn was situated, might be has been made under the pre-emption laws, reserved for the Indian Department, and pursuant to instructions sent to the register copy of the Commissioner Graham's reply, of and receiver from the Treasury Department, the 1st of October, 1824, hereinbefore set and the proceedings have been in all other forth, stating that he had directed the land respects fair and regular, such entries and to be reserved for military purposes, and aft. sales are hereby confirmed, and patents shall er stating that the tract of land in question, be issued thereon as in other cases."

designated as fractional section 10, T. 39, N. It is admitted that the defendant, Wilcox, at R. 14 E. was claimed under the aot of Con. the commencement of this suit, and at the time gress granting pre-emption rights; and Mr. of the service of the declaration in ejectment Commissioner Hayward then requested said herein, was in the occupancy and possession Secretary Cass to advise the office whether it of the premises in said declaration mentioned, was then (to wit, on the 23d of January, which is a stockade of pickets, including some 1834) needed by the War Department, and if wooden buildings in which the soldiers and so, whether it is considered a military reserofficers reside, and that the rents and profits vation, or as a reservation for the use of the of said premises then were, and still are of the Indian Department; and on the 21st of March, value of three dollars per month.

1834, the Secretary of War addressed a letter It is also admitted that said defendant in answer to the inquiry of the Commissioner, Wilcox then was, and still is an officer in the informing him that the reservation at Chicago, United States Army, and was ordered into alluded to in the letter of the Commissioner, of possession and command of the military post the 23 January, 1834, was wanted, and was on the premises, together with the United actually used for military purposes. States troops under his command, by order of It is admitted that various persons, from the Secretary of War of the United States; and time to time, have resided upon the fractional that said Wilcox claims no right of ownership quarter section 10 as well as Mr. Beaubean, but in hiinself to the land, but is in possession of those persons were all, in some way, con

nected with the Army, and acting under the pre-emption claim of Beaubean; and the entry command of the United States officers; and and pretended purchase by him were, therefore, that one Samuel T. Brady (who was a settler as against the United States, utterly null and at said military post), in June, 1835, presented void. his claim to the right of pre-emption to the 1. Beaubean's possession and occupancy were land, before the register and receiver of the subject to the control of the officers and troops said land office at Chicago, but which claim was of the United States stationed at Fort Dear. rejected by the land officers, or never acted born; and, therefore, he could not acquire, upon by them.

within the meaning of the acts of Congress, a All the facts herein stated are admitted to be pre-emption right to any part of the premises. true; but they are not admitted to be evi 2. The premises in question were withdrawn dence in the cause unless the court should be from the general operation of the pre-emption of opinion, upon the hearing of the case, that and other laws, by the Act of Congress of the facts, or any of them, would be admissible March 3d, 1819, “To authorize the sale of cør. as evidence, if offered in evidence by one party tain military sites." and objected to by the other, upon the trial of *3. If not so withdrawn, they were (*509 the cause before a jury.

yet excepted from the pre-emption laws of the It is agreed that if the court should be of 29th of May, 1830, and the 19th of June, 1834; opinion, upon the hearing of the case, that the because reserved and appropriated, or at least law of the case is with the plaintiff, a judg. appropriated, for use of the United States, ment shall be rendered that he recover his term within the meaning of those acts. aforesaid; and that he have his writ of posses. 4. The act of June 26, 1834, creating addision, etc., and that a judgment be rendered tional land districts, gives no right of pre-emp. 508*] *against the defendant in favor of the tion, and the plaintiff can therefore derive no plaintiff, for the use of the said lessor, for the title therefrom; and the premises were also examount of the rents and profits in the said cepted from that law, because reserved, within plaintiff's declaration mentioned, together with the meaning thereof, as necessary to be rehis costs. But should the court be of opinion tained for a military post. that the law of the case is with the defendant, then the plaintiff shall take nothing by his suit,

Mr. Justice Barbour delivered the opinion and a judgment shall be rendered against the of the court: lessor of the plaintiff for the cost of this suit.

This is a writ of error to the Supreme Court Each party retains the right to remove the of the State of Illinois, prosecuted under the cause to the Supreme Court of the State of Illi- 25th section of the Judiciary Act of 1789. It nois, by appeal or writ of error.

was an action of ejectment, brought by the deThe judge of the Circuit Court of Illinois fendant in error against the plaintiff in error. gave judgment for the defendant, and an ap

From an agreed case stated in the record, the peal was taken to the Supreme Court of Illi- following appear to be the material facts upon nois, by which court the judgment of the Cir which the questions to be decided arise: The cuit Court was reversed, and judgment entered land in question is part of fractional section 10, for the plaintiff below.

in township 39, north of range 14, east of the To reverse this judgment, this writ of error 3d principal meridian, in the County of Cook, was sued out at the instance of the United and State of Illinois; and embraces the mili. States; they being the parties interested in the tary post called Fort Dearborn, of which post,

at the time of bringing the suit, Wilcox was The case was argued by Mr. Butler and by in possession, as the commanding officer of the Mr. Grundy, Attorney-General, for the plain United States; which post was established by tiffs, and by Mr. Key and Mr. Webster for the the United States in 1804, and was there. defendant.

after occupied by the troops of the United For the plaintiff in error it was contended: States until the 16th August, 1812, when the

I. Even if he admitted that Beaubean was troops were massacred, and the post taken by entitled to right of pre-emption, and that the the enemy. It was re-occupied in 1816, when sale and the certificates thereof were properly the United States built upon said fractional made to him, still the plaintiff cannot recover

section some factory-houses for the use of the in this suit.

Indian Department. 1. On the true construction of the several The troops continued to occupy it until May, acts of Congress applicable to the case, a pat. 1823, when it was evacuated by order of the ent is necessary to the completion of the legal government, and was left in possession of the title, and nothing short of it can, as against Indian Agent at Chicago. In August, 1828, it the United States, defeat their title in an ac

was again occupied by the troops, acting under tion of ejectment.

the orders of the Secretary of War, as one of 2. The plaintiff can derive no aid from the the military posts of the United States. It law of Illinois, referred to in the opinions of

was again evacuated by the troops in May, the courts below; because that law, if it at- | 1831; but the government never gave up postempts to make the certificate of the register of session of it, but left it in possession of one the land office evidence of title as against the George Doe to take and keep it in repair, which

Oliver Newberry, who authorized a certain United States, is repugnant to the ordinance of | he accordingly did. It was again occupied by 1787, to the Constitution of the United States, the troops of the government in June, 1832 and to the acts of Congress for the disposal of under command of an officer of the Army of the public lands, and is, therefore, null and the United States. It has been occupied by void.

the troops, and was generally known at Chi. II. The land officers at Chicago had no ju-cago to be so occupied, from that time up to risdiction or authority to allow, or act on the the commencement of the suit, and wes at the

case.

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