The United States v. Jean Baptiste D'Auterive’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““On the 3d day of November, 1762, by a treaty, or, as it is termed in the language of the king, by ‘a special act,’ done at Fontainebleau, Louis XV ceded to the King of Spain the entire province of Louisiana, including the island and city of New Orleans. The character and extent of this act of cession, as evinced by the instructions from the French king, dated at Versailles, April 21, 1764, should be noted in this place, as they are decisive 'of the relative positions of the parties to that act, and of the extent of their powers posterior thereto, over the territories or persons comprised within its provisions. Nothing surely can be more comprehensive or absolute than the transfer announced by the King of France, or the declaration of his relinquishment of all power or rights in the subject transferred. The language of the Freneli king to D’Abadie, director general and commandant of Louisiana, is as follows: ‘Having ceded to my very dear and best beloved cousin, the King of Spain, and to his successors, in full property, purely and simply and without exceptions, the whole country known by the name ot Louisiana;’ he proceeds to command his director general, that, on the receipt of his instructions, ‘whether they come to your hands by the officers of his Catholic majesty, or directly by such French vessels as may be charged with the same, you are to deliver up to the Governor or officer appointed for that purpose by the King of Spain, the said country and colony of Louisiana, a”

   1 later decision quote this exact passage · from the majority
   e.g. Carrere v. City of New Orleans

2. ““In relation to the question raised by plaintiff whether the French authorities had the right to grant lands in Louisiana in 1767, it will be conceded that it comes rather late and with bad grace from a party who suffered his title to lay dormant for upwards of half a century; and, as we deem it entirely useless to make it a matter of serious investigation in this suit, let it be sufficient for us to'remark that it is historically known that the Spanish government never contested the validity of the' grants made by the French officers before the Spaniards took possession of the colony; that the conduct of Spain amounts to at least a tacit ratification; and that the government of the United States, by the fourth section of the act of March 2, 1805, has expressly declared that all French grants made while the French government had the actual possession of the territory of Louisiana should be recognized and protected.””

   1 later decision quote this exact passage · from the majority
   e.g. State v. Bowie Lumber Co.

3. “received acceptation of the terms in which they are expressed.”

   1 later decision quote this exact passage · from the majority
   e.g. Trans World Airlines, Inc. v. Franklin Mint Corp.