Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-04-03
c o n G X z S S.
HOUSE Of REPRESENTATIVES.
szz=
Wednesday, Ia''uary 81.
DEBATE ON rag cEoRorA CT Aima.
eenesday. Jas,udzy /;

Mr.. }acksoY's sheerk conc'1ded.
My colleague near me (Mr. Clarke,l
with the same liberality which characters
Uses bis general conduct on this floor, has
investigated the question OF the fegaliry os
these claims and contendsd It was most
clear That the parties have no spe cies os
legal right.--I am not disposed To IA
largely into this examination the ,o-
lume presented by the agents which ia
called a profanaiion of argument" is On
able yind'cation ofit--t gill however no.
tice some of his posi,ions. IT, establish
ing his premises he assumes certain facts
! as conceded, which are denied in The
most express and direa manner--first,
that the Claimants nov before Us, had no
tee OF fraud when they purchased ti,s
lands IN question, this no.ice he SAYS
was unquesl'onably given by the message.
OF the President 10 Congress, aud he pro-
ccedings, IN the House of Repre- senta-
/ uSes- 1 have answered this assertion by
minute recapitulation oF sll the procet d.
'nss at that period and DENY that ,hsy
either express or imply fraud, or cofrup-
Ton inthe reTnotest manner" They had
notice by the presen'ments of The grand
Juries IN the state of Georgia." Sir, for
one can declare never saw those present.
rnents IN The newspapers nay farther (
never saw Georgia paper to my recoi-
lection until had The honor OF a seat on
thisl floor; they are no, extensively circuia.
ted beyon the limits of The STATE, and the
tact adduced by my colleague proves no.
thng-hut {added the getisman) here is
IRE IN ed acricf FACT, sir, AWAY 8 defeat
presumptinns; II Is not a plncsp : adj.
mit,ed la Law that because IL was aossi bic
that the party might have ob;uifed notice
THE inference must b. thar he had no.
uce.--And how is the fact o: notice or no
notice to be settled. aly colleague well
knows ,hat il the United States shall sell
any oil these lands to individuals. and the
Claimants do, as they indubuably wlli,
} contest The title; the proper piocs ) N,ll
be the action of ejeelment, in which il is
principle than which no one is better
established that the eldest grant must pre-.
vail What then! why, sir, the settler
WIZ resort TO court of equity whose pro.
vince IL IS to relieve against fraud, aud
DC VIII charge in his bill in ciiancerv, that
ms antagonist derived bis tile from the
act OF Corrupt leg 'ure, and that bs
purchased from the grantees wi,ii ,otics
OF such fraud. The answer which il
sworn to, expressly denies the notice, for.
sir, the parties solemnly aver, they had
no notice of fraud, or corruption, when
they purchased, and KNOWLEDGE of their
hish characters leaves 10 doubt on my
mind OF its truth: add it is also well sef.-.
Tied rule IN equity that where the an.
swer IS responsive 10 the bill, il shall be
conclusive unless contradj0ed by two no.
eiIiDe witnesses, or one witness, and sfr mn
icorrobora'ing circumstances where tb.n
IS my colleagues doctrine OF presumed.
implied notice.! They are, said he, hea.
deffe ute purchasers, aud here the eentiea
nam must have encountered COED cid
law maxim that" purchaser for vaiu.
aoie consideration without notice has a
good htle," unless he is hen9enfe lie Dur
chascr--what, SIR, bcndcnf ire purchasers
. when they derive ihcirtiile from the law
! OF an independent legislature The gran
tees armed with its ohicisi records the
! great seal Of slaie affixed a rolenn ae.
snowledgment ofthe fece pt Of payment
IN their possession Thar IL can be asst.
inflated 10 a Ne fei7dehs be. neen a sbd q
would indeed be far fetch suppositIoa
ii any sut was depend rg il was be-
tween the Ceorgians AID heir corrupt
agents for abusing the trust rerostd n
hem, not for exczeding their powers-@as
/ well m gh II be urged that ii at ind.si.
dual give his agent flI powers, and he
sell his property at a shameful! srerigic,
that a sun between such iudv uai I'D
his agent is u az q me proper uh n
nc nsd power 10 scil.--My cole -gue de-.
cares his w'iiogaess 10 make provision
Tot such csa'ms as shall APPEAR to have
o' iBina'ed az pnrchIses without know.
'edse OF fraud, these aioEe SIRE the cl4ins
winch ara willing 10 pr ,id,. tor bu.
afesolcnniYa sured.y hc opphc snts,fst
1 teey are oil IN CHS situation. 10 this
house competent 10 a due investigation
OF 1900 elaiinsl Sir, the whole period os
session viii " inadequate 10 ibis ob;-es