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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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