Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-15
VIRGINIA LEGISLArUR1.
HOUSE OF DELEGATES.
TUESDAY, d C. IL, 1904.

dty inhabitants Oh Harrison, HiOnonPalia,
Ohio, Randolph and Wood PRAYING aid
to defend suit brousht by the Iniana
Company III the Federal Circuit Court.
Mr.. CHAIRMAN,
| consider this case as one
of grea. Importance, Requiring The most
particular attention of this committee.
To enable those gentlemen, who owing
to their other engagements, have had no
leisure To examine this question, 80 form
an opinion on it, will beg leave to ex plain
the case briefly.
/. viii FIRST take view OF the titles of
the people residing within ;ac Indiana ter-
rltory, held under the commonwealth.
he first document OF importance TO
support the titles Of the people, is ,hs deed
maize in jaiy, l7-i+, al Lancaster, by the
chiefs of the SIX Nations. hs,d thae
deed 10 have ex!insuish ID completely, the
Indian tile, and 10 haye lett the Indians
| nothing, within the limits Of Virginia, to
convey by Subsequent deed: For here
were all the essentials Of good contract.
| A party capable to sell party capable
to FH~chaSe--a good confederation an
! Observance ofigat t5rhts.
| There 2as a hlrfy cqAaGkc 10 sri. 1t is
true the full powers orthe twenty six chiefs
are lot recied, nor do they appear. But
Il is recited that LIKE and BEVERLY were
deputed by The governor of Virginia to
treat with III: Indians. That the indians
met them at Lancaster, To- the number of
twenty SIX chiefs, and received e 400 for
| their haticn. These are circumstances suf-
heient TO prove, at this distance oftme, the
authority oil the representatives Of sa-
vage tribe.
To this contract there is also, tarfy
/ caha6ie 10 Purchase. The GOVERNOR Of
Virginia represented the SOVEREIGN e.recx-
tiVe hoTaer in Virginia.
Ills commissioners made this purchase.
Ike had right to buy within the charter
ed limits Of The coiony- The governor
pnrchasedHy his commissioners. The KING
purchased by his governor. So that here
was sale by the SIX NATIONS. A pur-
| chase by the BRITISH KING.
There was also, q good combination.
ihe TILE Of the SIX Nations 10 any lands
! IN Virginia, was not such IS the law of ma
IONS recognises; they having no occupa.
ton OF The lands. The writers on this sub.
Ject, say that the Europeans had right
-
dams only wandered, bat whch;hey did not
cultivate. The government of Virginia
did not acknowledge the right Of The Six
, Nations; but for the sake of harmony,
; paid them .t4oo TO reinauish their illfoand-,
ed claim, aud acknowledge that Of the
, KING, founded on the law of nalions.-
t 400 was therefore sufficient consider.
alton tor accomplishment Of a claim, thus
| weak and feeble.
hat there was deed executed oy %
chiefs. that it was recorded, are facts
which the rccords prove, and they require
no comment.
II tins sale, purchase, and conveyance,
thus fairly made, did not transfer the In
dian title TO the crown; ] know rot what
klnd oil sale, purchase, and conveyance,
would have had that efFect.
! contend, there fore, that the title of the,
crown to this territory from 1874 10 l776
was good and tina, he title Of the COM
| monwcaIh after l776, was also good. 1t
vii follow that the grants by The present
! and FORMER governms NJ FOR lands within
that Tertiary, are valid, and the people.
holj'rg under item 81 cue.
2. | will next consider The claim Of the,
Abp'Nla company
1.-THE conveyance of 1744 was good, thac
OF 1853 must be void because the Sis Ma.
tons had nothing left to convey.
IL is also 10 be remarked, that by do.
cument on YOUR table, it appears. that be-
fore i75S, the territory was partially settled
under authority Of Virginia; conquered by
the French ard Indians i'm 1853, recon-
quered fromithcm in 1883, and in 1853,
when Trent made his purchase, was set
tied by Nirginans, many surveys made,
and grants issued under authority of Vir-
ginia. To talk OF an Indian title TO such
a European settlement, is preposierous.
" the Indiana company can Dust the gran
tees OF the commonwealth, they can Gust
the grantees Of Dunmore can Gust those
officers and soldiers whose courage con.
quered the country from the Indians and
the French.
The second conveyance probably did
not proceed from the bad faith Of the In
dlans' a tract of country about For PIT,
being claimed both by Virginia and Penn
sylvenia--no doubt it was represented TO
The Indians that by the deed Of I744 for
lands within Virginia's limits, the terrific
w in question did not pass, and so the In
dams agreed to convey it, although sold
Inn IL rrsv.a. 81 =