The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-12-18
REPORT.

from the river Chatahouchee, To the Mtliihppi,
$50 along the northern boundary of Wet Flori-
da /; the length of its northern boundary, along
the fate of Tennciee is not preciieiy aicertain-
ed, but il i, believed that the average length of
the whole may, without material error, be eff
mated at 500 miles, and the contents of the ter
ritory at $4,000, 900 OF acres.
The only portions ofthat Watt extent, TO which
the Indian title has been extinguiihed are tract
OF about million and half of acres, extending
along the Miiiiihppi from the mouth ofthe ri
YER YaZoo, fouthwardly to the Spaniih line &
another tract If leait equaln extent, land exteud-
ing between the rivers Pafcagoia and Mobile or
1'ombigbee, more than fifty miles north of the
Ene.
The fettemcnts within thefe two tracts
which are ieparated from each other, by will
dernels of 100 miles in breadth, form the whole
population of the Miniflippi territory.
The claims TO lands within thefe boundaries,
are derived either from the Britiih government
OF Wet Florida, from the Spaniih government,
from occupancy and frttlement, or from the
fate OF Georgia.
The Britith governors of Wet Florida, after
the boundaries ofthat province had been extend
cd as far north as the parellei of latitude which
cro.les the MiIiMppi, at the mouth of the ri
yer Yszoo, granted lands fouth of that parel-
lei, until the year 1881, when the province was
conquered by Spain.
great portion of lands granted in that man
ner has Gnce been re-grantcd by the Spanilh GO
ycrnrent feveral tracts have continued in the
occupancy of the original grantees, or their re-
prefentatives; andfcveralren,ain unoccupied, or
are inhabited by pcrfons who have no othercaim
but that of pofeiiion.
The grants of the Spaniih government appear
10 have been confined to perfon: actually ref
ding onthc lands ;hut theywere made indifcrimi-
patrly every piel uh the
fame had been previouny granted by the Britiih
government oruot; nordid they dfcontinuema-
king connections even after Spain had by the trea-
ty Of Oct. 1875, recognized the right of the u.
s. to the whole territory north OF the silt de-
gree of north latitude.
Until the evacuation, which was DELAYED Tor
near two years, had taken place, grants were
ifued, fometimes Bearing their real date, and
fometimcs, as is aledged, antedated.
On the 7th February, 1855, the fate of Geor-
sis paiied an act for the purpofe of laying out
that tract of country extending along the Milf
fppi from the Gin degree of north latitude TO
the mouth of the river Yazoo, to which the In-
dian title had been e1tinguilled, into country
by the name of Bourbon, and declared that
whenever the land Office ihould be opened, there
ihould be right of preference referved to the
poiieGors of lands within that difriGt, provided
they actually lived on and cultivated the faid
lands. That act was repealed Oh the frit day
of Feb. 1888.
BY the articles of agreement and cefiion, be-
tween the United States and Georgia,it is provi-
ded, thattheperfons who onthe 9th of OF. 1896,
(bcingthedate of thetreaty with Spain were actu-
al ettlers within that territory, fhall be confirm
ed in all the grants legally and fully executed,
prior to that day, by the former Britilh govern
nent of Wet Florida, or by the government
OF Spain, and in all the claims which may be de-
rived from any actual fury.,s or fettlement made
under the act of Georgia, commonly called the
Bourbon a6.
The perlons - ~ho!e Faysr that cIaG!c was
inherited, were at the requeR of the commifion-
ers, invited by the governor of the Mitiinippi
territory, to exhibit their claims. This has
bsen partially done in that part Of the territory
which lies contiguous to the Miifhippi: claims,
amounting TO about 94o, 900 acres, and fad to
be derived from Britiih and SPanlh patents,
have been tranfrnitted. Afew applications have
sio been fled for lands claimed under the
Bourbon act : mott of which however, are from
tracts improved after the act had been repealed.
include even thefe, the governor is of opni-
on, tina. there cannot be in the whole more than
$4,000 acres, on the Miiiiiippi, covered by
claims confirmed By the articles OF agreement.
From that part of the territory which lies
on the Mobile, no returns have been receiY-
cd.
The claims derived from the Brtifh and Spa
Nth governments, or from occupancy, and not
recognized By the agreement with Georgia,
are
1T. Britib grants held by perfons who were
not reiident Of the territory, on the 27th Otto-
Der, 1898, and have not improved their lands.
The Wei Florida patents were with but few
exceptions accompanied with a claufe of forfei.
ture, unlefs the lands fhould be improved with
in ten years; and the Spanilh government ieem
80 have confdered all the unimproyed lands as
forfeited. 1t is, however, aliedged on the part
OF thegra1ces tia. although acoHdition Of ettle-
ment was commonly annexed TO the grantsin the
Britlh provinces, under the royal governments,
witt penalty of forfeiture in cafe of default /;
ths hdsDever been enforced, either by the Bri-
tHh government, or after the revolution of the
Gates and that the Indians at frf and the
Spanin couquen afterwards, rendered in this
cafe, d fulfIment of tho condition impolIi-
be.
Where the land has been re-grarted by SDain,
the duties nuit be left to judicial decilion ;
but where Il remains unclaimed by any other
perion, the ccmmiiiiouers are o. opinion, that
u would be improper for the United States 20
grant it again, until the amount and nature
OF the grants nall have been fully afcerain-
cd.
al. Britifh and SpaaiGi incomplete grants.
As ENDS were granted under both govern.
Incnts upon the petition Of a party, and as The
FRI evidence Of title wasa warrant or order OF
Tt-yev dtre6frd tO the fitryevor of fi.e ,t.0,;q