THE first two of these cases were appeals from the District Court of Mississippi. One of them, viz., The United States v. The Heirs of Boisdor e, was the same case in which a motion to dismiss was made at the preceding term, as reported in 7 Howard, 658.
The third was an appeal from the District Court of Louisiana.
A motion was now made to dismiss the whole three, upon a ground which was common to them all, viz., that the act of 1844, reviving and re enacting the act of 1824, continued it in force for the term of five years, and no longer; and that, as the act was passed on the 17th of June, 1844, it expired upon the 17th of June, 1849. By reason of which expiration, it was alleged, this court had no longer any jurisdiction over the case.
By an act of June 17th, 1844, (5 Stat. at L., 676,) entitled 'An act to provide for the adjustment of land claims within the states of Missouri, Arkansas, and Louisiana, and in those parts of the states of Mississippi and Alabama south of the thirty-first degree of north latitude, and between the Mississippi and Perdido Rivers,' it is enacted, 'That so much of the expired act of the 26th of May, 1824, entitled 'An act to enable claimants to land within the state of Missouri and territory of Arkansas to institute proceedings to try the validity of their claims,' as related to the state of Missouri, * * * be and is hereby revived and re enacted, and continued in force for the term of five years, and no longer; and the provisions of that part of the aforesaid act, hereby revived and re enacted, shall be and hereby are extended,' to the states of Louisiana, Mississippi, &c., 'in the same way, and with the same rights, powers, and jurisdictions, to every extent they can be rendered applicable, as if these states had been enumerated in the original act hereby revived, and the enactments expressly applied to them, as to the state of Missouri; and the District Court and the judges thereof, in each of these states, shall have and exercise the like jurisdiction over the land claims in their respective states and districts, originating with either the Spanish, French, or British authorities, as by said act was given to the court and the judge thereof in the state of Missouri.'
The act of the 26th of May, 1824, thus revived and re enacted, (4 Stat. at L., 52,) after describing the classes of cases embraced within its provisions, prescribes, that the claimants shall present a petition to the District Court, setting forth their claims; that proper parties, including the district attorney, shall be made; that the proceedings shall be conducted according to the rules of a court of equity; and that the said court shall have power to hear and determine the questions arising in the cause, and to make a decree. It then, in the latter part of the second section, enacts:-'And in all cases, the party against whom the judgment or decree of the said District Court may be finally given shall be entitled to an appeal, within one year from the time of its rendition, to the Supreme Court of the United States, the decision of which court shall be final and conclusive between the parties; and should no appeal be taken, the judgment or decree of the said District Court shall, in like manner, be final and conclusive.'
By the fifth section it is enacted 'that any claim to lands, tenements, or hereditaments, within the purview of this act, which shall not be brought by petition before the said courts within two years from the passing of this act, or which, after being brought before the said courts, shall, on account of the neglect or delay of the claimant, not be prosecuted to a final decision within three years, shall be forever barred, both at law and in equity; and no other action at common law, or proceeding in equity, shall ever thereafter be sustained, in any court whatever, in relation to said claims.'
In the three cases above mentioned, petitions had been filed in the respective courts, and the district judge confirmed the claims to the several petitioners. The United States appealed to this court.
The motion to dismiss was sustained by Mr. Volney Howard and Mr. Henderson, and opposed by Mr. Gillet and Mr. Johnson (Attorney-General).
The motion and brief, as filed by Mr. Henderson, were as follows:
The appellees have presented their respective motions to dismiss these cases, in form, as follows:--