Page:United States v. Samperyac.pdf/12

Rh  Rh    properly arising between the claimants and the United States; and the court may, at its discretion, order disputed facts to be found by a jury, according to the practice of said court, when directing issues in chancery before the same court; and in all cases, an appeal to the supreme court of the United States is allowed, within one year from the rendition of the judgment or decree, 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 14th section of the act of 1824, it is enacted, "That all the provisions of that act shall extend to and be applicable to the Territory of Arkansas, and for the purpose of finally settling and adjusting the title and claims to land derived from the French and Spanish governments; the superior court for the Territory of Arkansas, shall have, hold, and exercise jurisdiction in all cases, in the same manner, and under the same restrictions and regulations, in all respects, as by this act is given to the district court for the State of Missouri."

The question arises under the foregoing act, Whether this court has been clothed with full and complete chancery jurisdiction and power, in adjudicating upon these claims; or whether it has been invested with a limited and restricted authority, capable of performing nothing which is not expressly delegated by the act, resembling rather a board of commissioners than a court of equity? Upon the best reflection which we have been able to bestow upon the subject, we entertain little doubt that the act of 1824, intended to confer, and does confer, upon this court, the full and ample power of a court of chancery.

Instead of creating a special tribunal, a board of commissioners to decide and report upon claims like these, congress has referred them to the decision of a court, possessed of common law and chancery jurisdiction; a court invested with a part of the judicial power of the United States.

The cases, when brought before this court, are to be conducted according to the rules of a court of equity. This court, then, possessing both chancery powers and common law jurisdiction, are required to try these cases on the chancery side of the court.