Winter et al. v. United States.
the commandant, and the surveyor-general. See Duncan v. Beard, 2 Nott & McCord, 406; Phillips' Ev. 477, 479, and notes; 3 Ib. 1310; Lewis v. Larnway, 3 Johns. Cases, 283; Hewlett v. Cock, 7 Wend. 371; Barr v. Gratz, 4 Wheat. R. 213; Winn v. Patterson, 9 Pet. R. 674: Patterson v. Winn et al., 5 Pet. 240; 1 Starkie, Ev. 343; 1 Dallas, 14; Thomas's Lessee v. Hornlocker, also Jackson v. Blanshan, 3 Johns. 292; 10 Ib. 495; 3 Har. & McHen. 581; Ib. 196; 1 Bay, 364; 2 Nott & McCord, 55; 2 Munf. 129; 2 Wash. 276; 6 Binney, 435; 2 Day, 280.
It has been asked, also, who are the Marquis de Casa Calvo, and Andres Lopez Armesta? We prove the signature of the latter, and that he was secretary of the province, which may also be seen by the documents published by authority of congress; and by the same it is shown who the Marquis of Casa Calvo was, and his official character. 2 Land Laws, Appendix, 165, 166. These documents show the change of sovereignty on the 30th November, 1803; they were deposited in the provincial archives, then under the dominion of the United States, December 28, 1803, and certified by Spanish officers, and now published as well authenticated.
Spanish proclamation of May 18, 1803, by Salcedo and Casa Calvo, supposes and requests the continuance in office of the existing judicial and ministerial authorities. The dominion, as before stated, was delivered November 30, 1803; October 31, 1803, congress authorized the president to vest in such person or persons as he might elect; the military, civil, and judicial powers, &c.; and on the 26th March, 1804, passed acts for establishing territorial governments, to take effect October 1, 1804, in which provision is made for continuing the existing laws, &c. By what laws and what officers was the country governed in its municipal affairs after the change of dominion, and before the existing laws and officers were reenacted or reappointed by the United States? Surely there can be no doubt as to this; the existing laws and officers remained until superseded by others appointed by the United States. The dominion only was changed, and everything else remained as before. If this were not so, what was the situation of the province after
