The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-09-15

have undertaken for Georgia, we mutt decide
upon her difcordant legillation. will so on
with conidering further the conftitutionaity OF
the law of '95. Thote particular arrangements
which we have ihewn were made by the Geor,
ga contribution of 's9 for the incorporation of
the wetern territory into the fate, furely ought
TO have exting1iihed, even in the womb of fan
cy, all embryon contributions for alternating that
territory from the jurifdieton of the fate yet
the law of 795 did mott completely alienate the
,iurifdi etional right of Georgia along with the
foil. The territorty after the grant, could not
have been divided into counties. It's inhabi-
tants, by an eHfrefS proviion of the grant,
could not be taxed by the ordinary Legislature un-
I'll repreiertvti. nor could they have been repre-
feptedin it under the then exiting contribution
until divided into counties. The provifo1s ofthe
contribution for the incorporation of the terrific
~ could not have applied after the grant, for
they were expressly made for vacant and unap-
propriated lands. The jurifdiction of the terri
tory was then loft to Georgia, and of courie
transferred, though informally yet fubitantially,
aud no doubt deignedy, to the United States:
Deiigned!y, / make no doubt, For by this renun-
citation ftate jurifdiStion, thus artfuly nterwo-
ven into the contract, the value of the lands was
foplaiDly enhanced. Purchaiersfroma abroad and
from the other fates would have come forward
in greater numbers and with much greater ala
Gritty, knowing privately thatthe territory would
come immediately under Federal urifdittion,
and be foon erected into new tates. Who can
believe that the aiiociates and thofe who held
under them, once fettled in their territory, and
this hidden grapne have endeavoured to I'M
cover, once thrown ont by them upon the Fedc-
fai government, the ffreagth Of Georgia ever
could have broken it But until the conitituti-
on of 1898, no power ever eXifted in Georgia,
unlefs in the whole body of the people collec-
lively, to make an alienation of the territory of
that fate. Authority for that ince made to the
United States, was given by the convention of
'9s, and fuch power, it feems to me, can pro-
perry flow only from that prime fource in any of
the Gates
That there is necefIary and inherent power,
even in our national government to ALLEVIATE and
acquire territory al will, / am not ready to adj
nit. 1t caniiot be neceiiary where a recurrence
10 the primary authority is 70 frequently, 70 ca
lily and 70 fafely made with us. To fay it is
at inherent power in all governments, from the
nature of government, even though not abfolute-
ly neceilary, would be looking abroad again for
Auaogies, and 10 far reip1uifbing our own pc
culiar and excellent theory. Having purified 10
well the turbid waters we drew from the po,iti-
cal fountains of Europe, better to cut off all COM
munication with their impure fources, than again
to admit from them any little ril which might
once more diicolour our now aimoft transparent
verument which is founded upon the fovereiSn-
ty Of the people. whole foie legitimate end is
their coed, to grant nonopo,es of the unap-
prOpriated foil. No pofiible reflrietions can. in
my opinion, prevent fuch monopolies from ope-
rating powerfully againft that good and acainf
the etiential principles of fuch governments.
Behdes, many individuals among the people.
have, according to my idea, juft claims upon the
nation for free grants of fuch lands. Poor men
who have loft their limbs or their health in de-
fence of their country, even though they NAV
have received a pittance of daily pay poor per-
fons upon whom nature has beftowed an uncom-
monty numerous offspring poor and vitnous
citizens who have married early in life, and have
the profpect of families to maintain fooner than
the favings of labour could accumulate filffici-
emily to enfure that maintenance aeainIt acci.
dents 10 the parent, which might fi1fpend the
power OF labour: All thefe, contend, have that
right, and it is at eaf as well founded as that of
the farniihiilg for fuftenance, from focietv.
There are certain conditions, it is true, not
Improper to notice here, though not altogether
pertinent, upon which alone this right flould be
acknowledged on the part of government.
Thefe are, an actual iettlemcnt of the lands
Immediately, an abandonment of the right of A.
donation during the fra lives, an equal divifior
among fncceilors. This right is necelarily IL
nttedby the calls for new establishments of tho6e
who are able to purchaie, which ariie continu-
ally from the increafe of numbers, and of aeri-
cultural capital. BY anfwering filch at A iuf
price, the national ftrength which conlifs in
the number ofprOpretors, is equally increafed
as BY gifts, and at the fame time the national
refources are enlarged in the mott defirable way
the voluntary contributions of the able. The
liberality OF a nation it is true, like that of
rich individual, fhoud always keep in view the
ratio of neceiiiry expenfe, to the amount of the
certain and natural refources. 1t fhould be
more ready, yet at the fame time not Iefs pru-
dent and djfcerDing. But by nonopolies of the
foil, this right ofcertain citizens which I have
mentioned, is deftIoyed, liberaIi itfelf, is ex-
tinguifhed the national refources are facrificed
for the pernicious ACKNOWLEDGMENT of thofe al
ready too high, to the fill greater debafement
of tbofe already too low. IDnumerable are the
evils arifing ont of them, which appear at once
TO tine examiner eye, and demonRrate that the
power to grant then. cannot conRitutionally
exit in any of our governments unlefs efpeciai-
Iy delegated.
IF this view ] have endeavoured to lay open
Of the grant from Georgia, which is the BATS
of thcie claims, be fairly taken, no one think,
can irriouiiy appreiIend the legal eiettment
from their pofielIions, of thofe who NAV make
purchafes or receive donations from the United
States in the territory pretended to be claimed
by the YaZoo adventures. cannot believe my
ielf that they will ever venture into the courts of