United States v. Pedro Miranda

• Decision Date: 01 January 1842
• Citation: 16 Pet. 153,41 U.S. 153,10 L.Ed. 920
• Parties: UNITED STATES, Appellants, v. PEDRO MIRANDA and others, Appellees
• Court: U.S. Supreme Court

41 U.S. 153

16 Pet. 153

10 L.Ed. 920

UNITED STATES, Appellants, v. PEDRO MIRANDA and others, Appellees.

January Term, 1842

APPEAL from the Superior Court of East Florida. Pedro Miranda and others, on the 9th of May 1829, presented a petition to the superior court of East Florida, asking for the confirmation of a grant from the Spanish government of Florida, for eight leagues square, equal to 368,640 acres of land, situate on the waters of Hillsborough and Tampa bays, in the eastern district of the territory of Florida. The petition of Pedro Mirauda and the grant, are as follows:

Translation.

His Excellency the Governor:—Don Pedro Miranda, second pilot of the launch of the bar of this port, with the most profound respect, represents to your excellency: That he has the honor to serve his Catholic Majesty (whom may God preserve!) from the year 1798, when he was employed as rower of the said launch, in which capacity he remained until he was promoted to his present post, on account of his known merits and experience. Moreover, your excellency well knows the veracity of his good conduct, fidelity and devotion to the service of his majesty; of which he has given proofs in various expeditions, which, by order of his government, your petitioner undertook along the water-courses of this province, when it was overrun by rebels; and as for so distinguished services, and others rendered to the satisfaction of your excellency, your petitioner has not received any compensation whatever; and as he finds himself in a penurious condition, and without any other expectations but from the protection of your excellency; therefore, he supplicates your excellency to be pleased, in remuneration of all which he has represented, and in consideration of his present destitute situation, to grant to him in absolute property, a square of eight leagues in the royal lands which are found on the waters of Hillsborough and Tampa bays, in this province, in virtue of royal orders on the subject of granting lands gratuitously to Spanish subjects; which favor your petitioner hopes to receive from the justice of your excellency.

St. Augustine of Florida, 19th November 1810.

DECREE.

St. Augustine of Florida, 26th November 1810. The merits and services alleged by this party being well known to this government, I grant to him, in the terms which he solicits, the said quantity of land, in the places which he indicates, without prejudice to a third party; and as a proof of this grant to be shown at all times, let a certified copy of this proceeding be issued to him from the secretary's office, for his security. WHITE.

The petition to the court stated, that said tract or parcel of land had been divided and laid off into townships of 23,040 acres each; that the said division of the said land into townships, as aforesaid, was made by one Charles Vignolles, in the year 1821; the said Charles Vignolles then being a surveyor of East Florida.

After hearing testimony and arguments of counsel, the superior court of East Florida gave a pro form a decree in favor of the petitioners, for 46,080 acres; and the United States, and the claimants, prosecuted this appeal.

The case, on the appeal of the United States, was argued on the part of the United States, by Duvall, and Legar e, Attorney-General; and was submitted on printed arguments, by Garr and Ogden, for the appellees.

The arguments of the counsel on numerous points, submitted for the appellants and the appellees, are omitted; as the decree of the court was made exclusively, on the question of the validity of the grant, under the cession of Florida to the United States, by the treaty with Spain.

For the appellants, it was contended, that as no survey, possession or cultivation of the land had been proved, as was necessary according to the laws, usages and ordinances of the Spanish government, to vest a valid title to the land in the claimant, the decree of the superior court of East Florida should be reversed.

WAYNE, Justice, delivered the opinion of the court.

Appeal from the superior court of East Florida. The defendants in error claim title to a tract of land, under a grant made by Governor White, on the 26th November 1810, to Don Pedro Miranda, containing eight leagues square, or 368,640 acres, on the waters of Hillsborough and Tampa bays, in the eastern district of the territory of Florida.

Miranda's petition for the grant, and the grant, are in pages 153, 154. After a recital of services, he asks as a remuneration, and in consideration of his destitute condition, that there may be granted to him, in absolute property, a square of eight leagues, in the royal lands which are found on the waters of Hillsborough and Tampa bays, in virtue of royal orders on the subject of granting lands gratuitously to Spanish subjects. The governor, in reply, acknowledges his services, and grants to him 'in the terms as he solicits, the quantity of land in the places which he indicates, without prejudice to a third party;' and directs, 'a certified copy of the proceeding to be issued to him from the secretary's office, for his security. It does not appear, that such certified copy was given to him; but Aguilar, who was secretary when the grant was made, deposes, that he remembers that the grant was made to Miranda for his deserts and services on the shores of Hillsborough and Tampa bays; 'that it was a grant of eight leagues square, or thereabouts:' and he further says, the handwriting to the grant is the legitimate signature of Governor White. The district-attorney admits that he has seen in the office of the archives of Florida, a document, of which that introduced by the complainants is a copy.

No survey, however, of the land was made, whilst Florida was a province of Spain. Nor was any attempt made by the grantee, or by any agent or person claiming under him, to occupy any land under this grant, or to make a survey of it, until after the Floridas had been ceded to the United States. The complainants allege, that one was made in 1821, by Charles Vignolles, a surveyor of East Florida; and this survey is the first assertion of right in the premises by the grantee. After this survey was made, the grantee conveyed portions of the land, between the years 1822 and 1828, to the claimants associated with him in this suit. They allege, that a claim for the whole of the lands was submitted to the examination of the commissioners appointed under the act of congress of 3d March 1823 (3 U. S. Stat. 754), entitled an act for ascertaining claims and titles to lands in the territory of Florida. The survey made by Vignolles, however, is not in the record; nor does it seem to have been in evidence, on the trial of the cause in the court below. By agreement between the solicitors and counsel of the parties, a pro form a decree was given for 64,080 acres of land, in favor of the complainants, situated on the waters of the bays of Hillsborough and Tampa; and from this decree, the cause has been brought to this court by appeal, by the United States.

We do not think it necessary to discuss, in detail, the points urged in argument for and against the confirmation of this grant. Two considerations are decisive of its invalidity. The grant is void, no land having been severed from the public...