The United States, Appellants v. George Clarke

• Decision Date: 01 January 1834
• Citation: 8 Pet. 436,8 L.Ed. 1001,33 U.S. 436
• Parties: THE UNITED STATES, APPELLANTS v. GEORGE J. F. CLARKE
• Court: U.S. Supreme Court

33 U.S. 436

8 Pet. 436

8 L.Ed. 1001

THE UNITED STATES, APPELLANTS v. GEORGE J. F. CLARKE.

January Term, 1834

APPEAL from the superior court of East Florida.

On the 4th of April 1829, the following petition was filed by the appellee in the superior court of Florida.

To the honourable the judge of the superior court for the district and territory aforesaid, in chancery sitting:

The petition of George J. F. Clarke, a native and inhabitant of the aforesaid territory, respectfully showeth——

That, upon the 6th day of April in the year of our Lord 1816, Don Jose Coppinger, then acting governor of the province of East Florida (by virtue of authority derived from the Spanish government), actually made to your petitioner, an absolute title in fee, of five miles square of land, which your petitioner avers, amounts to the number of sixteen thousand acres, on the west side of St John's river, near and at Black creek, and at a place called White Spring, for and in consideration of your petitioner having actually (before the day of the date of said grant) constructed a saw mill, to be impelled by animal power, which sufficiently appeared by proof to the said governor, as is fully evidenced by the tenor of the grant aforesaid, and as a reward for the industry and ingenuity of your petitioner in the constructing of the aforesaid saw mill, and for other causes and considerations in said grant set forth, all of which will more fully appear by reference to said grant, a certified translation whereof will in due time be filed herewith, and exhibited to this honourable court, and prayed to be made a part hereof.

Your petitioner further showeth, that, finding there was not vacant land at the place aforesaid suiting his wishes, sufficient to make the amount or number of acres aforesaid granted to him, he did, on the 25th day of January 1819, file a memorial before the aforesaid governor Coppinger, praying to be allowed to survey eight thousand acres of said grant on other vacant lands; and that, by a decree or grant of the aforesaid governor Don Jose Coppinger, bearing date on the 25th day of January 1819, the prayer of your petitioner was accorded to him, as will fully and at large appear, by reference to a translation of a document herewith filed.

Your petitioner further states that, in pursuance of, and in accordance with the grant first before referred to, and the subsequent grant amendatory thereto, the said lands were surveyed to him in three surveys. One of eight thousand acres, at a place in the original grant named, on the west shore of St John's river, beginning at a stake at Picolata ferry landing, and running south eighty-two degrees west one hundred and ten chains, to a pine; second line, north fifteen degrees west one hundred and twenty-three chains, to a pine; third line, north five degrees east one hundred and twenty-three chains, to a pine; fourth line, north thirty-five degrees west one hundred and seventy-five chains, to a pine; fifth line, north eighty-two degrees west one hundred and fifty-four chains, to a pine; sixth line, north sixty degrees west one hundred and seventy-four chains, to a pine; seventh line, north twenty-five degrees east one hundred and twelve chains, to a stake on the south side of Buckley creek at the mouth, and thence with the meanders of St John's river to the beginning. One other survey of three thousand acres, situated in and about Cone's hammock, to the south of Mizzell's, or Orange lake, beginning at a stake, and running thence, south seventy degrees east one hundred and sixty-three chains ninety-two links, to a pine; second line, south twenty degrees west one hundred and twenty-two chains fifty links, to a hickory; third line, north seventy degrees west one hundred and twenty-two chains fifty links, to a red bay; fourth line, north fifty-eight degrees west one hundred and forty-four chains, to a pine; fifth line, north twenty degrees, east ninety chains seventy-one links, to the beginning. And one other survey of five thousand acres, situated in Lang's hammock, on the south side of Mizzell's or Orange lake. Plats and certificates of all which surveys will in due time be filed and exhibited herein: the lands herein designated, all being and lying within the jurisdiction of this court.

Your petitioner further states, that his aforesaid claim was filed before the board of commissioners appointed to ascertain claims and titles to lands in East Florida, who, as he is informed and believes, have refused to recommend the same to the favourable notice of the United States government; and have rejected the same, but have not reported it forged or antedated. But your petitioner is advised and believes, and alleges and avers, that, by and under the usages, customs, laws and ordinances of the king of Spain, he is entitled to, and invested with a complete and full title in fee simple, to the lands so as aforesaid granted to him; and that, by the treaty between Spain and the United States, of the 22d February 1819, the United States are bound to recognise and confirm to him his aforesaid title, in as full and ample a manner as he had or held the same under the Spanish government. Without this, as far as your petitioner is advised, the United States are the rightful claimants to said lands.

And your petitioner prays, in consideration of the premises, that this honourable court will take jurisdiction of this his petition, and that a copy hereof, and a citation to show cause, &c. may be served on Thomas Douglass, Esquire, United States district attorney for this district, pursuant to the provisions of the statute in such cases made and provided; and, finally, that your honour will decree to your petitioner a confirmation of his title to the lands in this his petition claimed, and all such further and other relief as in equity he is entitled to; and your petitioner, as in duty, &c.

On the 25th January 1819, the claimant presented a petition to the governor of the province, setting forth that the land in the neighbourhood of White Spring, which had been granted to him, did not answer his expectation, and praying that the surveyor appointed to survey the land granted to him, might be directed to alter the survey, so as to reduce the square of five miles to the depth of about two and a half miles, by its original length of five miles; and that the surveyor might be further instructed to survey the residue of the quantity granted to the petitioner, 'in the hammock, called Lang's and Cone's, situated on the south of Mizzell's lake.' On the same day, the 25th day of January 1819, the governor granted the request of the petitioner.

On the 24th of February 1819, the surveyor gave a certificate, that he had surveyed to the petitioner, eight thousand acres of land, west of the river St John's, beginning at the mouth of Berkley creek, below White Spring, and following upwards the margin of said river, &c.

On the 10th of March 1819, the said surveyor gave another certificate, that he had surveyed for the petitioner, five thousand acres of land, in the place called Lang's hammock, situated south of Mizzell Lagoon, west of the river St John's, in part of a greater quantity granted to the said petitioner, on the 6th of April 1816.

On the 12th of March 1819, the said surveyor gave another certificate, in which he states that he had surveyed to the petitioner, three thousand acres of land, in the place called Cone's hammock, being the complement of a greater quantity which was granted to him on the 6th of April 1816.

The following copies of the petition, decree and grant were annexed to the petition.

(Translation.) Memorial. To the Governor: Don George Clarke, a native of this province, with due respect, presents himself to your honour, and says that, having noticed the constant scarcity of sawed lumber in this province, and particularly at this town, which, in consequence of the scantiness of this indispensable material, has but half of the population that it ought to have; and induced by the general advantages that may result from mills worked by animals over those worked by water, wind, or fire, because they are less expensive, more secure, and adapted to any station, he has accomplished one at this town of his own invention and workmanship, which, with four horses, saws eight lines at a time, at the rate of two thousand superficial feet per day. Therefore, he prays that your honour will be pleased to grant him a title of property to the quantity of land your honour had thought proper to assign to the water mills for their continual supply, forming a quantity equivalent to a five mile square; which lands he solicits on the western part of the St John's river, above Black creek, at a place entirely vacant, known by the name of White Spring. He hopes to receive this grant from your honour's kindness, because, by this proof of his industry and labour, he has given to the public an invention that by its expediency, simplicity, and cheapness, offers from this source of lumber the most considerable advantages not only to the royal revenue, but to the public also, by the labour of cutting, use, and commerce.

Fernandina, March 16, 1816.

P.D. For proof of what I have stated to your honour, I herewith present a certificate of the civil and military commander of this town, ut supra.

GEORGE J. F. CLARKE.

Grant to Clarke for sixteen thousand acres. Decree. St Augustine, April 3, 1816. This government have granted lands to other individuals, inhabitants of this province, who have solicited them for the cutting of timber and the use of the same for the saw mills or machines that they intend to establish, but with the condition of being without effect until these establishments be made. And whereas Don George Clarke proves, by certificate of the commander of the town of Fernandina, that he has constructed a mill of great utility, that offers advantages to that settlement, which it is the duty and interest...