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Jennison
v. Kirk,
1879 - Justice Field, U.S. Supreme Court, in Jennison v. Kirk,
1879, stated that the 1866 act was a mere recognition by the
government of its obligation “to respect private rights which had
grown up under its tacit consent and approval.
It proposed no new system, but sanctioned, regulated, and
confirmed a system already established, to which the people were
attached. Cong. Globe 1st
Session, 39th Congress, Part IV, pp. 3225-3228.” (98 U.S.
453, 25 L.Ed. 240, 243, 1879.)
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