Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-03-27
{ Q N c R E S S.
MOUSE or REPREsENrArlYEs.
-z
Wednesday, January so.
DSS<r1 ON ras csoxcrA CLAIMS
CMr. CY,rL,. xt..n .,..,

r-l.at l-'Ns Nfs&FN oHccCu concluded.
On this subject he would add but one
more remark, il allthat has been mention.
~ shaii tall short Of positive nofiee,. have
not these people been guilty Of cuIpable
negligence, unaccountlbIc and even cri.
mihsi rslnissness; the sources Of inforn,a-
uon were numerous, and the means ofthiy
iniornaton easy and convenient, thu con-
tract an important one, they were about
70 purchase a tract OF country nearly as
large as the state they lived in, aud was il
an evsdence OF simple honesty and pro-
ucnce to proceed thus precipirantlys Is it
customary For men, men too remarkable
Tor their quicksightedness to acf with such
augvarded temerity. We must leave this
ground before we can reconcile tAe con-
uuct OF The purchasers under any reason
able ana rational principles of human ac-
usn; here IS one, and oaly one on which
all these strange things are reconciIable,
speculation, res. sir, this was the moving
cause, the primuln mobile, the grand de-
sidrratusn, gain aud loss employed the
whole OF their attention, they had their dA-
Ia before them. they knew the circum-
stances, and calculated their chances, and
adventured In the game OF hazard, and
because they have been unsuocesIul, cur
ears are stuanel with the yell of iansnta.
ton
sir. Speaker, law has bsep drsgooned
tothc support of these Claims, judicial su.
thorities have Been cited, and decisions 10
equity qlo.-1. Yes, unhziowed hands
and po!lated hearts have ventpred to ap.
proach the pure temple of Justice. A
book on which the claimants very much
rely, hold NOW in my hand. acknow-
ledge 1t Of high authority from the sacred
equity AMI i-nsnntabic principles of Justice,
OIL ~hich'he decisions are founded. Pow
ell on contracts is the book, in the 19lst
page of The Cd book, is a correct aud ge-
neral description given otlse qualifications
81 a consrAct necessary TO engage the in
tcrposition OF Q court ofequity, and /, must
be again repeated, the. claimants are the
applicants. 1t most be fair, Just, reason
able, bona hde, certain in all its parts, mu-
tual, useful, made upon good and val,ia-
bic consideration, not merely voluntary,
consistent with the general policy Of well
regulated society, and free from fraud, Cir
cumvention or surprise"
Under these general rules It has been
uoifofmly and invariably decided, that a
contract wanting any Of these constituent
parts will be set aside in q court OF equity !;
that is, If !, BIZ not bona ifde, and il mast
not only be SO between the contracting
parties, but it must not be 0iaye -fde with
respect to Others. Fraud has in all well
organized societies, and systems OF juris-
prudence seith which ne had any acauaint-
ance been considered as sufficient gcound
TO destray a bargain, il ia Just and proper
n should be 30. otherwise what is consi-
dered M immoral and detestable in private
life, would receive the sanction of pub
iiciJ recognized principle, having its foun-
aaiisn 10 inrpuniSy so far have the con.
science OF Courts Of equity gone, that con.
tracts though fair in themselves, YET it
thcy had a fraudulent obie ci in view, were
set aside, and no rule is more generally
received and better established than that
contracts made with view to cheat the
government are void both in law and equi-
ty. Here let me pause, and emphaticsily
ask gentlemen, upon what principle OF law
or equity can these claims be maintained
this government has never in the most
remote degree recognized them or qua
EADlCCN Tue AliEt tbt Vi1t - ~ I" iiNetS
surprising. The best Informed gentlemen
on Judicial subject. on the other side oil
the house, are profoundly silens- IL the
claims could be maintained by reason, az
g1mest, Law or justice, would they be sa.
tisfcd by The silent eloquencc of still
vote; this house and their country have
something TO expect from them, why
therefore are they mute, conscience whis-
pers, management and policy command
this silence he frankly acknowledged il
was not competent to him, II was not his
wish or design 10 speak Of molives--it
would be unchari;able, highly urbeconing
aud greatly indiscreet; what he had ne
yer been in the habit Of doing, and hoped
never should do; every member on this
floor, and himself with the rest, hadto am
swer TO his country, his conscience and his
God for his conduit, and he would now
solemnIy declare that as greatly as he dis
approved the measures Of the former adj
mtistrstiop, he would rather vote for eve.
w one, than Tor The resolution reported BY
the committee.