The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-01-15
n. CAROLINA,

THE Circuit Court of the United States for this
diftri& adjourned Saturday laft after having gone
through all the buiines that came before them r,
will be recoea-d that the ejeement caure brsughr
in that court by the Devices of the Earl Granville
againit Collins and Allen came on to be tried AZ
June term, whena demurrer offered to the e.
violence of the defendants and jonder therein there
by taking the trial of the caufe from the Tury and re-
ierrlng 1t TO the Court upon the law of the caufe
merely. When this demurrer ca1e on for trial at
this Term, it moved for the defendants that the
demurrer ihould be withdrawn and repleader or
dered, upon the ground that the parties demurripq
were in the affirmative of the propoftion and the e.
violence of the defendants was of a negative nature
that either the legality Of the evidence of the defe
dants only was embraced by the iTue and not that
of the plaintiffs, and therefore Judgment upon the
demurrer would not be decilive of the quenion, or
eke the iiue joined maj admit the truth of the
plaintiffs own evidence.
The confederation of this preliminary auction the
court reierved without prejudice to either party and
ordered an argument Upon the Esain quefion. This
argument opened on Thuriday by Mr. Gaflen for
the plaintiffs, great length and with much method
PerlPicuity, elegance and nrength-the defence was
argued on Friday by MelIrs. Cameron, Baker and
Woods, with great ingenuity, Kill and force and the
argument was cloed on Saturday by MFR. Harris for
the plaintiffs, with much learning and ability. The
court have reerved the confederation of the p-inci-
pal quefion alto and it is believed that Judgment
will be rendered the next term, but for whom ie
will be given no hint has been dropt The council
for the defendants made the following points in their
defence
III. That by the mere efeas of the revolution the
plaintiffs divened of their right. and the land
in qnelon became the property Of the Sta,e.
ssd. That by the eth fe6tion Of the declaration
ofrights, the lands in queton are declared to be the
property of the people Of this State to he held by
them in ioyereigny thereby detroyng the plaintiffs
right.
9rd. That the plaintiff, right f not before taken a.
way or lot was forfeited and diyefed by the eonhc-
cation and entry laws Of this STATE.
eth That the plaintiffs are aliens and therefore
cannot inherit lands in this State.
sth That the plaintiffs are barred Of recovery By
the acts Of limitation.
The points made by the plaintiffs council were in
tended to meet the objection to a recovery arifng
out Of the points relied by defendants.
II faid by them, that the revolution had no eff
fect on private rights that it octafoned only
change offovereignty in The country that the 2sth
article Of the Bill Of Rights which fpeaks of the pro-
perty Of the foil being Of the esn;ial rights Of
the collective body OF the people had relation only 10
territorial rights and did not afeG the title Of Fsr
Granville that in l744, feven eightrs Of the Lords
Propretors Of the Carolinas having disyoled Of their
rights and immunities to the King, the Granville IA
ny retained onc-eighth flare only, and that divefeA
OF all It's iogeregn appendages that they therefore
could be conidered ony common fvhje9s, whole
property was not aGsaed by the revolution. Wmh
relPe9 70 the conhieation laws, they fles ref