The enquirer — Richmond, Va., 1810-09-28 00:00:00, page 2

extent.——These distressing circumstances
have principally originated from the large
portiun of Capital invested in the shipment
oi British Manufactures and Colonial pro.
duce, which from 'he reatiic.ions opi-ti
trade are 3.ill laying in Heligoland, or if
they have reached their destination, no ad
equate returns ha»e yet been received.
1 he speculations t > South America have
also been unfortunate, and involved mauy 1
the adventurers in distress and ruin, and tv
rendering them unable to fulfil their en
gagements, many of our Bankers.and Manu
lecturers, have in conseqnence become the
innocent but unfortunate victims of the wild
speculations of others. Having made the.se
general remarks, as necessary to eluci
date the causes which have checked the spi
rt* of enlerprize. and diminished public con
fidence, we shall now briefly enumerate the
prices of a few articles.
Cotton comparatively speaking is in limit
ed demand, and the prices of the inferior
descriptions in particular have rather cleclin
ed. Uplands may be quoted at 13 1*2 'o 16
pence, N. Orleans being of very unequal
quality, rate from 15 to IS pence, and Sea
lsl.mds 1 10 to 2 4 1.2 per lb.
Our 1 obacco market continues to present
n. .very discouraging prospect. From the
most accurate estimate our stock is now up
wards of 12.000 Hogsheads, which must
be considered a very heavy supply ; of this
quantity, more than one half is unfit for our
own Manufactories, and having no export
demand you will readily believe that prices
under such circumstances, roust be mise
rably low : the inferior and middling quMi
ties, may b* quoted at 1 l 2 to 3 1-2. g >od
at 4 1-2 to 5 1.2 aud fine at 6 toT pence per
lb.
BALTIMORE. S^p. 22
FROM THE NORTH OK EUROPE
By the Norm America, from ( -oenhagen.
we learn that when she sailed. Juh 29, there
were upwards of eighty American vessels
in that port, waiting trial, condemned. 8cc.
The Swedish Diet had been in session j but
failed in their attempt to elfct a Crown
Prince, since the deadi of the former The
particulars of the divisions in the councils of
Sweden are not publicly known at Copenhn.
Ken: The exclusion ot our commerce from
Prussia was known there.
•From the London Gazette, ^di/gust 11.
Downing street, Aug 11._\
patch, ot which the following is extra t.
Was this morning i eceived at lord L.v e poofs
Office, addressed to his Lordship by Lieut.
4irvn. Viscount Wellington, dated Alverca
July 25, 1810,
The cavalry attached to Gen, Craufurd’s
advanced guard remained in the villages ear
the Fort of La Conception till the 2ls: inst
when the enemy obliged it to retire towards
Almetda, and the Fort La Conception was
destroyed.
From the 21st till yesterday morning.
Brigadier General Craufurd continued to
occupy a position near Almeida, with his
left within 800 yards of the Fort, and his right
extended towards Junca. The enemy at_
tacked him in this position yesterday morn.
,DS> shortly alter day light, with a very large
body of infantry and cavalry, and the Brig
General retired across the bridge over the
Coa.
In this operation I am sorry to siy that the
troops under his command suffered conside
rable loss.
The enemy afterwards made three efforts
to storm the bridge over the Caa, in all of
which they were repulsed.
I am informed that, throughout this trying
day ihe commanding officers of the 431
52d, and 95>h regiments Lieutenant Colonel
Beckwith, Lieut. Col. Barclay, and Lieut
Col. Hull, and all the officers and soldiers ot
these excellent regiments distinguished
themselves. In Lieut. Col. Hull, who was
killed, his Majesty lias lost an able and de
serving c fficer.
Brig. General Craufurd has also noticed
the steadiness of the 3d regiment of Portu
guese chnsseurs.under the command of Lieut.
Colonel Elder.
Since yesterday the enemy have made no
movement.
Cofiy of General Craufurd ’*• Rcfmrt incloa
ed in Lord Wellingion's Denfiatch of the
25lh July.
„ „ Carvei.jtal, July 25.
My Lord,
. I have the honor to report to
your Lordship that yesterday morrir.g the
enemy advanced 'o attack li e light division
with between 3 and 4000 cavaley. aconside
rable number of guns, and a huge body, of
infantry. On the first appearance of* the
heads of their columns, the cavalry and bri_
gade of artillery attached to tlie division ad
vanned to support the picquet, and capt. Iloss,
with 4 guns, was for some time engaged with
those attached to the enemy’s cavaliy which
were of much larger calibre.
As the immense superiority of the enemy’s
force displayed itself, \Yc fell back gradual,
ly t< Wards the fortress, upon the right of
w hich the infantry of the division was post,
cd, haying its left in some inclosures near the
windmill, about 800 yards trom the place,
and its right to the Coa, in a very broken
and extensive positioh, which it Was abso
lutely neiesBary to occupy, in order to cover
the passage of the cavalry and artillery
through the long defile lending to the bridge.
After this was effected, the, infantry retired
by degrees, and in as gw d order as it is pos.
sible in ground so extremely intricate, A
position close in front ot the bridge was
maintained as long as necessary, to give
time for the troops which had pasted to take
up one behind the river ; and (he bridge was
afterwards defended with the greatest
gallantl y, though I am sorry to Say with con.
siderable loss, by the 43d and part of the 95th
regiment. Towards the afternoon the firing
ceased ; and aftfer it was dark I withdrew
the troops ftom the Coa, anil retired to this
place. The tloops behaved with the great
est gallantry.
(Signed)
■ T R. CHAUFUKrt.
To Lord Viscount Welling', n. See.
I hose returned ak prisoners *ad missing
wete taken in chaige of the enemy’s caval_
ry just after our cavaliy and guns had be.,
gun to retire.
1 Lieutenant colonel, 1 captain, 2 lieu
tenants, 3 serjeanis. 29 iank and file, 3 hor
ses killed ; 1 staff. 1 major, 7 captains, 2
lieutenants, 1 ensign 10 serjeants, 164 rank
and file, 12 horses wounded ; f lieuten_
ant, 1 serjeuut, 1 drummer, 80 rauk and file,
It i.-siug
N. B. One officer of the Portuguese Cns
sa ! es wounded, rank and name nut ascer
tamed
(oigr.eri)
C. STEWART,
Brig. Gen. and Ad/t. Gen.
Niw Yon*, Septembers. From Gotienbtrg.
Cap* Brtvoort, of*be br'.jj Adolphus, arri%*cd
1 is morning' in JO (l»y* f»->tn Gottrnburfj, in
firms, that when In* sailed from tint place it was
»**;>< cud t*nt an embargo would soon be laid on
the vessels in lint port,broom; which were about
60 sail of Americans The Hc-tisli mhrsier was
Ordered a way from Stockholm, and win on his
way to Goitcnburg, to embark for Lngiand.
J\E*~Yo/tK. Se/it. 21,
FROM LISBO.X.
We learn by Ca/it. Sutton, of Vie brig
Wanderer, arrived yesterday from Lisbon,
that accounts we^e received from Lord
Wellington as lute as the 12th August. (3
days before the Wantlercr sailed) ; his head
quarters were still at Celerieo but the ad
vanced guard of the army fivas at Guar da ;
he sous momently ex/ieciing an attack from
the French, who hud advanced a* far as
Pinhel, in Portugal, Sex'eral skirmishes
had taken /dace between the advanced far^
ties of both armies, the last was on the 24th
of July ■ The troofis that were in Air nr ego,
under Gen, Slade had crossed the Tagus,
and joined Lord IVellington. J> is sufiftOs^
; ed his Lordshifi has 35.000 effective men, be
sides about 17 000 Portuguese ; exclusive
of the Portuguese army under Marshall
I Seres ford. * - . -
The \7th re'g'mtnt had arrived in fine ox
der Jrorn Halifax ; and the 23d (fusilcers)
were daily exfiected from the same ft lace _
The former, after remaining three or four
days at Lisbon, were marched off to the ar \
my.
1 ney were ac ivr at Lisbon in procuring
recruits, arid numbers were sene off daily
to head quarters-Every horse that was
able to travel was immediately impressed
for the cavalry There were 8 or 10 line
of ha'tie ships, besides frigates arid smaller
vessels of war. lying in the Tagus ; and
nearly , 00 transports, waiting carry off
I the rtriiihh troops in case they were obliged
to leave Portugal. Strong fortifications
have been erected bn the heights about Lis
bon to cover iheir retreat in case of need.
Upwards of 15 000 barrels■ of four were
expee'ed a' Lisbon from Liver pool,for the
use of .he army. It was principally Ante
j rtcan flour purchased at Liverpool by the
English Government. The bill s of lading
Jor the same had arrived before the Wan
derer sailed -N. Y, Gaz.
^omejsttc.
Prom the Western Sun.
Vincennes, August 25, 1810.—The
editor has taken some pains to inform him
;9tlf of tlie substance of what has passed at
the councils which have been lately hohlen
: by Gov. Harrison, with the Indians now in
j tOWi',
! Tfccumseh, the brother of the celebrated
Prophet, arrived on the 12th instant, aceom
pamed by about 70 warriors. He came in
consequence of a message which was lately
] *Pn' !'> the governor to the Prophet, by Mr
! Barron, in which the governor attempted to
show hipi the folly of making war upon the
Untted S-ates ; that he was r*ady to listcu
to any grievances of which he had to com .
plain ; and particularly, that if he could
show that any other tribe, than those who
were parties to the late treaties, had anv
just claim to ihe lands ceded by those trea‘*
i ties, that they would be Immediately given
up. 1 ecumseh occupied the greater part of
several days in exhibiting his complaints a
gainst the Urn ted Sates But oh Monday
•last he recapitulated and exaggerated all
.the injuries which the Indians had received
from the whites particularly! the mtirder
of the Moraviun Indians during the revolu
tionary war. That of the Delaware Chief
Comstock, &c. &c. and he declared, lie did
not know how he could ever be friends with
• them again With respect to the lands,
I he asserted, that the Great Spirit had given
i them as common pioperty to all the ladi
jans, and that they could not, nor should not
be sold without the consent of all. That all
j the tribes of Indians upon the continent,
formed but one nation ; that it the govern *
ment would nor give up the lands that were
I purchased from the Miamies, Delawares,
Putawaiamies,See that those who were uni’
jted with him, were determined to fall upon
th >se tribes and destroy them. That they
were determined to have no more chiefs, but
in future to have every thing done under the
direction of the warriors. In short, his
whole speech was full of hostility from* be
ginning to end ; and we believe that the most
incredulous of those who have heretofore
refused to attach any credit to the informa
tion we have heretofore received of the hos
tile design of this confederacy. & who WPPP I
present at the delivery of this speech, are
fully convinced of their error. The gover
nor in his answer, contrasted the conduct of
the United State# towards their Indian
neighbors, with the other civilized powers,
& proceeded to show the justice with which
the most insignificant tribes were treated by
them. What he said had been interpreted,
in the Shawanoe language, and Mr. Barron
was about to explain it to the Patawatamies
and Miamits, when Tccumseh sprang upon
his feet, with a number of his warriors, and
armed with war clubs, tomahawks, See
stopped the interpreter, and declared that
what the governor had saitl was false. Gen.
Gibson, who understands the Shawanoe lanj
guage, and apprehending that some violence
waa intended, requested Uietenant Jennings
to make a guard of 12 men, which was at
some little distance, stand to their aims. At,
soon as the guard was brought up, and the
Shawanoe speech interpreted to the gover
nor, he informed Tecumaeh that lie would
hold no further conference with him,6c broke
up the council.
On the succeeding morning the Shawanoe
enrneH ly requbs’ed a further interview with
the governor, and upon his making an apo
logy tor his conduct the day befoie, through
the interpreter, his request was complied
Wi ll. Measures were, however, taken, to
prevent any ill effects from his insolence.
Lf.M. he tfhi rild have a body of Iris followers
i secreted in the neighborhood, ready to join
those who were with him. twocompames of
militia wete ordered in from the country,
and Captain Jones’s company of this town, or
dered to parade morning and evening, and to
keep ihem^elues ready for action ; the go
vernor anti surera! of his friei (Is. alsoatun
ded the council well armed. Tccumseh’s
conduct. w*s upon this occasion, however,
ve y different from what it had been a. any
pievious meeting ; thoug i fir urnnd intrepid,
lie said nothing that wu# insolent. He Had
previously told the Interpreter that he had
been informed by whi t* men. that the p o
pie were equally divided ; half in favor of
his pretensions, and the other half adhering
to the Governor, and he now repeated it in
council.- He said, that *• two Americans
had paid him a secret visit, one in the course
of last winter, and one other Intel*. and had
informed them lluit Governor Ilumson had
purchased the land without the consent <»t
government, and that one half of the people '
were opposed to the purchase ; that the go- 1
vernor had only two years mote to remain
In office, and if he ('he Shawanne) could
prevail upon the Indians who sold the lands,
not to receive their annuities fur that time,
that then the governor* would he displaced,
aud a good mrn appointed in his room, wlt.»
would restore to the Indians all the lands
which hau been purchased of them.”
After Tecumseh had finished his speech,
a Wyandot, a Kickapoo, a Pulawattimie, an
Ottow ly, and a Winebago, severally fcpoke.
and declared that their tribes had entered
in.othe bhawahoe confederacy, and'would
support the principles laid down by Te~
cuniseh, who they had appointed their lea
der.
At the conclusion of the council, the Gov
ernor i'lformfd Tecumseh that he would ini
mediately transmit his speeches to the Pre„
aident. and as s->on as his answer arrived he
Would send it to him, but as a peisrn had
been appointed to run ibe boundary line, hi
wished to know whether there would he any
danger in his proceeding. He answered,
that they (his party) were determined that
the old boundary line should continue, and
that the crossing it would be Attended with
bad consequences. 'The Governor-replied,
that since he had been., candid enough to ft., j
vow this, lie would be equally so with him ;
the President he was convinced Would nev
er allow that the lands cn the Wabash were
the property of any other tribes than those
which had occupied and lived upon, them
since the white people first came in dmeri
ca, and as the titleto the lands lately pur
chased were derived from those tribes by
fair purchase, he might rest assured that the
right of tlie U. S' would be supported with
the sword. #
We have always been of opinion th^t the
confederacy which has been formed by the
Prophet, was the effect of British intrigue ;
and we have never doubted that the secret
agents of that power, which are known to
exist in every part of America, but partial*
larly in the Indian country, gave it all the
countenance in their power. But we could
scarcely prevail upon ourselves to think that J
any American w.js engaged in this nefarious
project; we tear however, that it is but too
true, and if the speech which we understand
was made by the chief of the Wea tribe, to
captains Floyd and Whitlock, of the United
States troops, be correct, we fear that Here
ts some deep laid scheme of villainy on foot
to alienate troin us that hitherto faithful
tribe.
The Editor has Conversed with Governor
^Harrison, and is happy in being able to as
^ure his fellow citizens, that it is the
Governor’s opinion, that notwithstanding the
strong talk ot Tecunlseh, there is less dan
ger of an Indian war, than there was some
weeks ago. He has every reason to be
lieve that the Prophet’s party is loosing
ground, and that as soon as they find that
the United State* are determined to take
possession of the new purchase, they will give
up every idea of con'ending for.it.
The Governor has ordered on a detach.,
ment of troops, consisting ofene hundred ar.d
twenty men, which are now upon the Ohio,
and whicli were made subject to his order by
the secretary of war, and it is his in ten; ion
if the government approves of it, to estab
lish one or two strong posts upon the Wabash
above this.
Newbury port, September 18.
labrador fishery.
A fleet of five sail from the Labrador com*
came safe nito harbour Saturday viz. brig Joanna
with 85,000 fish, aclir Sophia Ann with 47 000 •
r;h- AU54n with 61.000; sell. Washington with
47,000; and sen. Robin with 43,000—the re
mainder are daily expected. Fish were plenty
tins season, but not extraordinary large fares ta
ken, on account of scarcity of bait, as no caplin
were caught. The English sloop of war Comet
ot 28 guns was on the coast the latter part of Ann
and examined the crews of several of the fishinV
vessels, treated them well and took no men
Boston, September 20
Arrived, brig Hunter, Babsen, 75 days from
Pctersbogr, and 47 from Goitenburg, Capt
B favored iis with u iist of vessels left at Cron
sta.lt July 3, captain B. sailed from Gottenbur^
August 1. The day before capt B. sailed he ea"
a letter from Mr. Adams, appointing Mr. Joy
Consul at Copenhagen : that he was at Gotten-’
tenburg when he sailed and Capt B. saw a letter
Btatirg that Mr. J would give a license from the
King of Denmark to such Americans as wool,
give 2 1-2 per cent on the cargo.
Arrived, via quar. sell. Pocahontas, Field. 45
cla^a from Goree.
ivioiis Lewis Coste, passenger on board the
Pocahontas, reports that in the month of May
six vessels had bean arrested at that port, and
conducted to Sierra Leone, where thev had be. a
condemned, names not known, that on the25li.
June six vessels were arrested at Camber, S.e i a
Leone, names unknown, as also their f.te; that
m tlie course of July six other vesiels were nr
rested at Goree, the names of which here fol*
l”w* ;* ,*!'P Marts D >ioivs, Blackhouse, of£-s
Florida; br.g Perla, Z.,:,IU of do ; brig Santa
u irbara, J ;an Jose, Domingo, of TenenfFV ;
sen. At re vi cl a, Alena, of'Havanna: srh Cerilj
Cmamul R, ves, of do ; brig Catalina, Gonzalude'
f 1 fn:‘1rf<* T,ie brig St. Anna, Peal of Havanna,
lunched at N. Y and arrived at Goree J5d>
June ; left said port on the l/lh, and continued
uer voyage pour le U.-.4 de la Coite. All ilmse
vessels sailed under Spanish or Portuguese eo
luurs. ) iic tiritis'i captured indiscriminately ‘
vessels thus sailing and trading upon the co..st
ol Alricu, from a conviction .that their object is
lo take away slaves The Urit.ah have on tile
coast loui sloops of war, and there are also seve
ral letters of tuaique.
William D Patters m. e*q. the American
consul at Nantes, has teceived a note from
he Ftenchgovernment, informing him that
lie was no longer recognized in that capacity.
We ar« inlurmed that the removal of Mr.
Patterson Ins been brought aoout by the A
mericau minister at the couit <>i St. Cloud.
JY. Y. K. Post.
C"*r. I atterson might have escaped among
the mass of those who have brought disc re
riit on the American flag, ifthe folly of such
publications as this did not render it essenii
!ii to public justice, to state the fact, that
Mr. Patterson was detected in a concern
wi;U others carrying on an illicit trade, of
which our government is in possession ol the
. vidcnce.] —Aurora.
Nkw.Ori.kars, August 29.
Rr tract of a letterJr ,m Raton R-jutfe, 23d
tAugutt.
" I *rn this place—when I came to be /
present at the presentation of our new form i
gevernineiit to Governor Lasstis. who yes- ,
levday accepted of it in toto. The couvcn- ,
tion arc now sitting with dosed doors, mak. i
:r g the ft{i|K>mfu:en,'> necessary to carry the
government into tff.et. The whole procee
dings are ju the .press, and <n a few days
will t>e made jwibUc—they are such as will
tend to the peace.happiness and prosperity
of me couutiy.*'
CENSUS OF PETERSBURG.
TREE WHITE MALES.
Under JO ve.nrs of ag& 286
| Of 10 and under 16 ’ 196
3C and under 26 364
26 and under 45 417
45 and upwards 115
Total 1378
FREE WHITE FEMALES,
Under 10 years of age 297
Of 10 and undei 16 132
16 and under 26 226
26 and under 45 273
45 and upwards 102
Total 1030
FREE PEOPLE OF COLOR,
Of all descriptions, except > lnR7
Indians not taxed. ' $ ' *0°'
Slaves of all descriptions 2161
Total number of inhabitants, 5656
iTT* By th" last Census (1300) thepopula
tion.of Petersburg is stated at 3521—gain.
2135.
. ktlje
RICHMOND, SRPTEMHER 23. 18io
FOR THE KAQUIRER.
'* 1 * ' — : t !
TIIE YA?100 DECISION—No I.
■ On the 7th of January J795. the Legisla
ture of the State of Georgia passed ar, Act,
for selling to four Companies of Specula
tors, alaige tract <if its unlocated territo
ry,f a) ,0 which the Indian title had not
begn extinguished. The Act describes the
land cold, not in the Way usual in,sales to
individual#, but by degrees of latitude, the
line^ of s;a'es, and the courses of bays and
rivers1; Tilt's mode of description, it” must
however, he cunfessed, was adapted-to the
magnitude of the- tract of territory granted,
which is larger than many -European king„
doms, and although represented by the said
Companies, in their petition to the Legisla
ture, as containing only 21,£00,000 acres,
(thereby also practising a .fraud upon the
legislature,) in fact comprehends nearly
35 000,000, and is estimated by the pre
sent claimants to contain near 40,000,000 of
acres.^6^ —It was granted, for the ex
tremely .inadequate and inconsiderable price
of Ciuo ctmia per acre, upon tho estimate
of 21,500,000 acres, making only the sum
of S 500,000 ; hut the limits of the grant
yielding nearly 40,000 000 of acres, af. afore
said it will stand the grantees in liule up
wards of one cent per acre!-At tbs
same time, that this garden spot of Ame
rica, this immense region of country, su
premely blessed as to suil, c«!»mate and con
tiguity to the ocean, was thn.s profligately
thrown away by the Legislature of the state
of Georgia, the minimum price of other
and inferior lands belonging to the United
State s, w.is isvn Dollars per acre ; ana this
very land is estimated at the name price, i'I
an offer of compromise submitted to the '
Commissioners of the United S ates. on be
half of the purchasers thereof, on the lG'.h
of January, 1803. )
1 his astonishing sacrifice of the valuable
domains of the state of Georgia, for perhap
the SOOdtli. part of its real value, found its
motive in the basest and most palpable
corruption ofthe Majority of the Legisla
ture by whom the Act was passed. I
now appears by comparing a Schedule exhi
bited on the part of the purchasers, as c ,n
tainiug the names of those inte'- sted in the
purchase, as at the date thereof, with the
names of those mcmbeis who voted for the
passage of the Act, that all the members I
mentioned^ (stive oneJ were seer *
shareholders In the purchase (tl) The
grantors and^gran*ecs were thetei >re the
same persons; and in addition to ilia shame
ful frauds which brought this act into ex
istence, the Contract involved in it, is at*
least impeachable, on the ground of the want
rit honest and necessary nartics.
I. is null and void, as to the original par
tit*s thereto at least, on this still broader
ground, that •• fraud or covin will, in the
“ judgment of law, avoid every kind or
“ con'ract.’Ye ) IknowoFnr, Af
construction, which will withdraw Legisla
tive Contracts from this just test of all Con~
tracts: and as the Supreme Court of the
United States, in the case of Fletcher v
Feck, (f) has tried this enormous case, hy
die rules and principles applying to indi.
vidual and ordinary cases, it cannot refuse
to us the benefit of that standard, in relati
im to the point in Question. Considered as
i Contract, we cannot know tile prerogatives
jr pre-eminences of those by whom ^it was ;
made: We cannot know this, without ail-'
mitting the monstrous doctrine of the oni !
lipotence of parliament f and we shall e
ven want a precedent, in this particular, *
from the annals ot that country, in wincli
luch omnipotence is admitted to exist.
This Contract is further void, in that it
ranscended the powers of those by whom
it was made. It was not made by the Pro |
tie of the S'ate of (.ieorgia, but by their !
represent* ives acting wiihin the limits of!
x w i it en Constitution.-However it may
ie as to cessions of the lands of the indivi.
lual S'airs, to the General Government^
for the pursoses o» erecting new sta*es or
territorial governments, yielding to the in
Habitants thereof the advantages of govern-!
nent, the Constitution of Georgia of 1789
prescribes, that the state, while it retains
ts jurisdiction over the s >it granted, shall
ay C'W new counties, fur the convenience i
md bent fi- of the people, who moreover '
shall be entitled to a representation in the
Legislature (g )—But in the case before us
lit sc inestiuiubie rights of the people have
(a) See (ha! Act--Enquirer, Vd. 1,
r7 No.
(b) Report of Messrs. Mcrlison. Col.
ruin and Lincoln to Congress,_Ibid, 07
No.
( c) Ibid. NT No.
('ll) Itrporf of Commissioners—also cri„
final documents —lb. 7'2, 7.>,
Cr) 3 Purr. Crisp v. Lynou.
(J) T.uefuircr, Moo 1810.
(g) The Conitiut'ion as to rids point,
s (/noted in Mr. T. M. Randolph's c(o-\
fumt Speech. 1 Vol. Enquirer, 38 JKo 1
md is not contradicted by any member:_/)
Save not the Constitution itset/ to refer toj
not bc*n attended to: the Legislature ot
Georgia has neither provide t for 'he inter,
estsuf the people, settling the territory. In
these particulars; nor has enabled Congas*
to do it, by ceding the territory to the U.,
n led States.—- There is no principle muir
e'ear than this, that he who purchases any
thing from a trustee or limited .\--entv takes
upon himself the knowledge of the authori
ty under which lie acts. In the case ot
Mead v. Ld. Orrery, 3 Atk. 20«. it is held,
that whoever purchases any thing from au
Executor, takes it with notice ot the will
which makes him an Executor: and it i*»
algo held in 2 Fonb. 106, that if u man pur
chases under a will, by which a trust is
created, he must take notice at his peril, of
the construction and ofieration of law up
on it. 1 hesc doctrines equally apply, at
least, to the acts of the American Legis
latures : it is a Canon, every where sub
scribed to, that they act in subordination to
the Constitutions of the several State —•
The question then still recurs, could the
Legislature of the State of G< orgiu sell this
territory in the gross, and discharged of the
foregoing important conditions prescribed
by the Constitution of the State for the be
nt fit of the people thereof ? ami if not, this
m a cardinal defect of title, intrinsic on the
face of the transaction itself, ancf which wiH
consequently afllct all purchasers of the
land granted, throughout all time. It is
not a collateral and extraneous circumstan
ce, which must be shontm to have been
known to the party purchasing: it is an in
herent defect ot title, existing in the very
foundation thereof.
Another mberent matter appearing in this
Act of 1795 itselt is, that that Act purports,
without necessity, and in a novel and most
elaborate manner, to support its prvtensi
ons to sell the territory in question, by re»
ferring to various p«>sagcs in the Article*
of Cnntedt ration and of the Constitution
of dir United States This unusual and un..
necessary specification, is an intrinsic budge
J of frou• i under the 6.ii resolution in Twine’*
caso.^/i^thftt “( laosula inconjuncta temper
*' inducunt suspic'oneni.” If m that case an,
\ avertr« nt. in a deed that it was ma e *■ ho-,
t cst.lv, truly and bona fide,” was held to a*
j mount o such a badge, all this matter <>f
novel y and supererogation will, in the case,
j before us, be held to fall within the s im»
character,: 1 his extraordinary prettn'.ionj
to right and fairne;s of dealing, proves too
much: It shows incontcutibb , that some.,
thii gmala fde was at boi'umjthat “there*
was something rotten in the State of Den_
mark..” . The right of the several States to
cede - their vacant territory to Congress,,
(which admits the r’ght thcrcteto m i>e iik
the several States.) however once question
ed, bn - the' ground of being the general*
property of the United Stales, had been,
long at rest f iJ and; the t ight of the State
of Georgia to sell and parcel out her vacant,
lands to Individuals, under the provision*
b fore mentioned, was guarantied to the*
Legislature by the Const it utin. Thera
was no necessity, therefore, for this elabo
rate detail, in the ca?<?. of acting fairly ;•
and the doing of ijt comrquen’ljr amounts to'
a b.tdge^ or suspicion of fraud : -as much st>
as would the- voluntary and. intrusive aver
ment nt a horse-trader, twenty times repeat
ed, that he was the true ancVundoubted own.
cr of the horse he preferred to sell.
I _ Another important circumstance, exists
ing upon the face of the Act itself, is thc>
astonishing inadequacy of the consideration,
as aforesaid. Not only arc the fertile and
well watered lands of the. Yazoo, which in.
point of climate and situation, are another
jfreadia, worth more than one cent per a
c.re 1 but they at e fixed by t-hc admissions,
ss aforesaid, of ;tis purchasers th«mseves,
and of the United States', iir relation tv other
anrl inferior lands, o h. worth peril ans 200
times that sum Admitting therefine iu.
general, that mere inadequacy of price, ta..
ken separately & independently cf all other
circumstances, (but in this case there are a
bundanv corroborating circumstances,) is not
of itself «svfTicrien: to vacate a contract in E
quity CJJ; vet it is otherwise “where the
“ neqnality’- is so strong, gross, and mani„
*• fest, that it must be impossible to state it..
*’ ti> a man of cotrmoir sense, without produ
“ cing an exclamation at the inequality of
" i;-.” ("k ) If ever there was a case winch,
c -me lull up to ti e requisitions of the a_
bove Vandaad, such is the actual case be
fore us :—and therefere an tin? mere ground,
of inotl- q acy onh, and in exclusion of eve
ry other maims; nee, that ingredient would
damn the grant in the eye of a cortrt of E_
quiiy f< rcrer ; and*, lop die pui.cb s; »s,
through all time, from saying they hsd no
nodee >f the fraud practised l*y the par’.je*
to the Act of Jan 1795.
I nave thus shewn intrinsic circumstanced
nf suspicion, *o say the least, in the Act o£
January 95, when tested by the Gonstitotionf
of the State, under winch alone the Legisla
ture was authorised to sell and m the Act
taken ineiely in its If. J will now advert to
nne of a similar character in the Leeds.
under which all the purchases from the oj
riginal grantees were made It is stated by
the Commissioners, in their Report afore—
said, that all the deeds g-ven by ’lie Com;
panies, as well as all the sub-equent deed*
made to purchasers, which had been exhi.*
bi'ed to the Commissioners, (with 2or Sex.
ceptions onl),) had in them, not only a sfie~
tial, instead of a general warranty. Imt al
io a special covenant exempting the sellers*
rvot on>y from a further warranty than the*
*bo%e, but also from refunding the purchase
money “ in consequence of any defect of their
" from the State of Georgia, if any such.
" there should hereafter appear to be/’ »
While it is admitted that this Covenant mat*
be accounted for, by referring ir (in ci alia)
to previous sales made by the Legislature -o
certain companies it. Virginia in the year
1789, it also may be taken more cXtensivelvj
it seems to tr.e to amount t® an admisssion
on the part of the grantees in those deeds,
that they are to stand only in the shoes o€
the original grantees, and that their claims
ire to stand or fall with their’s.
With respect to the question of ^fo’ice, in
relation to subsequent purchasers, it is held
lo Ue unimportant whether a party has oc.
fuai notice of a delect in the title purchas
ed, or that it appears in some Deed nr Dow
cuiuetn necessary to the deduction of the
title'/1) Again, it is held that “ wh -evens
'* sidii, lent to put a party on an Enquiry, Isa
“ g-.od notice in Ktjuity finDa per
3-n in possession of the estate, which wHsin
this case considered as a presumption of notice
( hj Co. Ee/i/s. 80.
Ci ') Of) inion of Hu fir (me Court in Fletch
er v. Peck.
(j ) Eon A. 117. note.
(/.j 1 Dro. Lh. J.t% 9--Gvijne v. Hes
ton.
(!) 1 It ash. 38 71 tcorv. Co/'/atvOV, in
•Ac Court oj Jlfuettl. f hrgi tu.