a^£ LIBRARY OF CONGRESS 014 499 631 8 F 314 .U6 Copy 1 LEGAL OPINIONS \ \ HONORABLE JOSEPH M. WHITE, Of the House of Representatives, U. States, HONORABLE DANIEL WEBSTER, Senator in Congress, AND EDWARD LIVINGSTON, ESO. L. L. D. and late Secretary of State of the U. States, IN RELATION TO THB T2TLS OP TH3 IiT!Kn OT ALAG03T. NEW-YORK : H. CASSIDT, PRINTER, NO. 7 WALIi STREET. 1836. CASE. On the 12th of July, 1817, the Duke of Alagon, a grandee of Spain of the first class, and Captain of the Royal Body Guard of the King, petitioned his Majesty for a grant of all the uncultivated land, not ceded, in East Florida, lying between certain specified geographical limits, and by a royal Order of the 17th of December, his Majesty's assent to the petition was signified, and a cession of the lands made, according to the laws and usages of the Spanish Monar- chy. On the 24th of Januasy, 1818, the Minister of his Catho- lic Majesty in the United States, proposed a cession of the Floridas to the American government ; and after the usual preliminary correspondence and negotiation, a Treaty was concluded on the 22d of February, 1819. By the 2d Article of the Treaty, his Catholic Majesty ceded to the United States " in full property and absolute do- minion," the Floridas, including vacant lands, forts, dock yards, public squares, &c. " which are not private property." By the 8th Article of the Treaty, it was stipulated, that all grants and concessions of land, made by his Catholic Majesty or his lawful authorities, prior to the 24th January, 1818, "shall remain ratified and confirmed," "(quederan ratificadas yconfirmadas,") now construed by the highest tribunal in the nation to import instant confirmation by force of the Treaty itself-r-which Treaty is, by the Constitution and laws of the" United States declared to be the " Supreme law." On the 27th of June, 1818, prior to the conclusion of the Treaty, Don Nicholas Garrido, Attorney in fact of the Duke of Alagon, presented to the Governor of East Florida, with- in whose Province and jurisdiction the lands were situated, this Royal concession, which was recognised and certified by the Governor, and "possession, real, actual, corporeal, and perfect, in due form of law, of all lands, which had not al- ready been granted," within the boundaries aforesaid, were decreed to him, according to the laws of Spain, and penalties declared against any one who should disturb that posses- sion. On the 24th of October, 1820, this Treaty was rati- fied on the part of Spain, in the usual form, " upon the word and fluth of a King," to execute and observe the various ar- ticles. After having announced this ratification, the King pro- ceeds to declare, that being " desirous of avoiding doubt or ambiguity concerning the meaning of the 8lh Article of the Treaty, in respect to the date, which is pointed out in it as the period for the confirmation of the grants of land, made by me, or by the competent authorities in my Royal name, which point of dute was fixed in the positive understanding of these grants of land made in favor of the Duke of Ala- gon, &c. being annulled by its tenor, I think proper to de- clare, that the said grants have remained, and do remain, entirely null and void." Upon this state of the case, the question is presented, and now to be decided in the Courts of the United States^^ whether the grant to the Duke of Alagon, obtained from th(5 authority and in the manner above pointed out, is im- puired or destroyed by the Royal declaration which accom- ;dsnio