Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-03-16

transaction, and that we shall by sanaifv
ing their claims ix a stigma on that glo
rious monument of Georgian honesty, the
annuiling law. But to return, will these
people after these things tell us they are
Innocent purchasers without notice for a
valuable consideration, bona # lie paid yes.
they have told us SO, and told US too by
lawyers, for of this description are their
agents, and who have admitted that il is
not necessary TO prove positive notice, a
constructive one being sufficient. Where
did these people reside, in the town of
, Boston in tne state Of Massachusetts.
Are they ignorant! no, they are the best
informed men in the state, ana mast of
them public characters, and yet had no
Knowledge of what was passing in the
state OF Georgia, or in Congress, which
then sat al Phiade phia. The ne w,papers
OF the south could not penetrate the fro
Zen regions of the north, yet the polluted
laws of Georgia could travel there. Per-
NIT me moles,ly TO ask the agents, who
are professional gentlemen, ifthe compa-
ny upon the most correct construction of
the doctrine were not pedenielite purcha.
sers, did they not buy law suit, and
ought they not to abide the decision The
legislature OF Georgia convened in the
month of November, 1895, and immsdi-
ately took up tbs subject. and on the very
day OF the decision is the deed made 10
the purchasers; was not therefore the
case pending when the purchase was
made. If am asked how could people in
Boston know what the assembly Of Geor-
gia were doing, answer that the: purcha.
ser ought TO take care the doctrine Of Ia.
tent equity,so nuchreIied upon by the c!ai-
mants does not apply here as in individual
cases; If man has an equity which he
does not assert, and an honest purchaser
interposes 1t, he is Supposed guilty ofnsg-
lIgence, by which third person may he
injured, and therefore he is nor permitted
TO disturb the honest purchaser, for The
best OF ali reasons, that when one Of two
innocent persons must suffer, it ought 10
be hin whose act permitted the injury.
But suppose suit had been commenced
against the hrst grantees IN the State Of
Georgia, in court of common iurispru-
dence; as early as November, aud on the
18Th day of III next February il was de
termined against the grantees. and the pa
tent ordered to be cancelled: would not
the purchasers in Boston be bound by il /.
No legal gentleman will controvert this
position. The people of Georgia did
more than this. Its true they did not in.
slitu,e suit, because there was no posi-
bic way in which this could be done. Ma
court OF competent jurisdiction in which
the ordinary process Of law could be car
ried on, and redress afforded, existed the
injury was grieyous and sensibly felt; th5
representatives of the people had violat-
ed the most sacred trust and had Justly
doomed Themselves to their severest ven.
geance. The case being SUI .generis all
that could be done was Immediately ac-
compiIshed. The grand juries presented,
and The people generally pe,itioned and re.
monstrated, 4 was canvassed in every
company, andNhe topc of universal con.
versation, atleast in that pare of the coun-
try these circumstances could not have
been unknown to the purchasers. One
more Circumstance on this head, and
which he had nearly forgotten, the Presi-
dents communication was made in Feb.
l195, on the third Of March following,
Congress rose and the Senator'S and Re-
representatives. returned to their respective
states with foil knowledge of this wick
cd transaction, and it would he doing great
injustice to suppose they we're silent on
this important subject lie, the house
determine this question by each member
asking himself ii he did not know il, and
on the answer, he would with certainty
rely; should he be told that even all this
IS not positive proof of notice, in answer
he would assert that il is mass Of tes,i
lnony strong and invincible, and such a,
is seldom produced in courts of Justice. a,
unbrnken chain OF evidence, that 6del,,
itself cannot resist, nothing but mists
ken tenderness for these unworthy specu
lauons can turn the mind aside from IN
path of truth and justice.
ITO be- continual.