Teschemacher

At the commencement of the session of this court for the hearing of appeals from the board of land commissioners, it was stated by the district attorney that a question of great importance would arise, the determination of which would materially affect, if not control, the decision of a large majority of the land cases now pending in this court. The district attorney having stated his point, the court intimated its willingness to hear *863 the subject fully discussed by any members of the bar whose cases might be affected by the determination of the question. Pursuant to this invitation, the court has been favored with elaborate and learned discussions, which have occupied its attention during several days, and in- the course of which not only the points raised by the district attorney, but other questions, arising out of the system of granting land formerly prevailing in this country, have been fully examined. As to many of these, it would be inexpedient for the court now to express its opinion. Its more immediate duty is confined to the determination of the points raised by the district attorney.

When the opinion of the supreme court in the case of Fremont v. U. S. [17 How. (58…