The titles of persons residing in the ceded territories on 1st Oct. 1800, who held lands under French or Spanish grants, to which the Indian title has been extinguished, and which were settled or occupied on that day for or by those persons, confirmed.
No such incomplete title to be confirmed unless the grantee was at its date the head of a family, or above the age of twenty-one years; nor unless the condition of the grant shall have been fulfilled.
Grants to actual settlers of the lands occupied by them, with the permission of the proper Spanish officer, and in conformity with the proper Spanish usages, &c.and the legal representatives of any person or persons, who on the first day of October, in the year one thousand eight hundred, were resident within the territories ceded by the French Republic to the United States, by the treaty of the thirtieth of April, one thousand eight hundred and three, and who had prior to the said first day of October, one thousand eight hundred, obtained from the French or Spanish governments respectively, during the time either of the said governments had the actual possession of said territories, any duly registered warrant, or order of survey for lands lying within the said territories to which the Indian title had been extinguished, and which were on that day actually inhabited and cultivated by such person or persons, or for his or their use, shall be confirmed in their claims to such lands in the same manner as if their titles had been completed: Provided however, that no such incomplete title shall be confirmed, unless the person in whose name such warrant or order of survey had been granted, was at the time of its date, either the head of a family, or above the age of twenty-one years: nor unless the conditions and terms on which the completion of the grant might depend, shall have been fulfilled.
claims have been favourably reported on by the commissioners appointed by the United States, May 7, 1822, chap. 122. An act supplemental to the several acts for adjusting the claims to land, and establishing land-offices in the districts east of the island of New Orleans, May 8, 1822, chap. 128. An act supplementary to the several acts for the adjustment of land claims in the state of Louisiana, February 21, 1823, chap. 15. An act to revive and continue in force the seventh section of an act entitled, “An act supplementary to the several acts for the adjustment of land claims in the state of Louisiana,” approved the eleventh of May, 1820, and for other purposes, February 28, 1823, chap. 18. An act providing for the examination of the titles to land in that part of the state of Louisiana, situated between the Rio Hondo and Sabine river, March 3, 1823, chap. 29. An act supplementary to the several acts for ascertaining and adjusting the titles and claims to land in the St. Helena and Jackson Courthouse land districts, May 26, 1824, chap. 175. An act supplementary to an act providing for the examination of the titles to land in that part of the state of Louisiana situated between the Rio Hondo and the Sabine river, May 26, 1824, chap. 182. An act to confirm the supplementary report of the commissioners of the western district of Louisiana, March 31, 1826, chap. 18. An act to confirm certain claims to lands in the district of Opelousas in Louisiana, May 16, 1826, chap. 62. An act granting the right of preference to the purchasers of public lands in the St. Helena district in the state of Louisiana, March 19, 1828, chap. 19. An act to confirm claims to lands in the district between the Rio Hondo and Sabine river, May 24, 1828, chap. 92. An act to authorize the registers of the several land-offices in Louisiana, to receive entries of land, in certain cases, and give to purchasers thereof, certificates of the same, May 5, 1830, chap. 86. An act for the final adjustment of the land claims in the southeastern land district of the state of Louisiana, July 4, 1832, chap. 166. An act in reference to pre-emption rights in the southeastern district of Louisiana, June 28, 1834, chap. 125. An act further to provide for the location of certain land in the territory of Arkansas, June 28, 1834, chap. 106. An act for the final adjustment of claims to lands in the state of Louisiana, February 6, 1835, chap. 17. An act supplementary to an act entitled “An act to entitle the inhabitants of Louisiana to enter the back lands,” February 24, 1834, chap. 24. An act supplementary to an act of the fourth of July, one thousand eight hundred and thirty-two, entitled, “An act for the final adjustment of claims of lands in the southeastern district of Louisiana,” March 3, 1835, chap. 46. An act confirming claims to lands in the state of Louisiana, July 4, 1836, chap. 358. An act supplementary to the act entitled, “An act to grant pre-emption rights to settlers on the public lands,” approved June 18, 1838, June 1, 1840, chap. 12. An act to confirm land patents, March 3, 1841, chap. 13. An act to confirm certain entries of land, in the state of Louisiana, and to authorize the issuing patents for the same, April 14, 1842, chap. 10. An act confirming certain land claims in Louisiana, July 6, 1842, chap. 22. An act to set aside certain reservations of lands on account of live oak in the southeastern district of Louisiana, March 3, 1843, chap. 77.
By the treaty by which Louisiana was acquired, the United States stipulated that the inhabitants of the ceded territories should be protected in the free enjoyment of their property. The United States, as a just nation, regard this stipulation as the avowal of a principle, which would have been held equally sacred, although it had not been inserted in the treaty. Soulard et al. v. The United States, 4 Peters, 511.The term property, as applied to lands, comprehends every species of title, incohate or complete. It is supposed to embrace those rights which lie in contract, those which are executory as well as those which are executed. In this respect the relation of the inhabitants of Louisiana to their government is not changed. The new government takes the place of that which has passed away. Ibid.For the decisions of the Supreme Court on the subject of Louisiana land titles, see notes to the act of March 26, 1804, chap. 38, ante, page 288.