The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-03-08


circumRance on this head, and which he had
nearly forgotten, the Prelident's communicate
on was made in Feb. 1875, on the third of
March following, Cougrets rofe and the Sena-
tors and Representatives returned TO their re-
fpective Rates with full knowledge of this
wicked trania6tion, and it would be doing
great injufice to iuppoie they were filent on
this important iuble3. Let the HOMIE deter
mine this quettion by each member aiking him
felf if he did not know it, and on the anfwer,
he would with certainty rely; ihould he be
told that even ali this is not poitive proof of
notice, in anfwer, ne would alert that it is a
MATS of te6imony frong and invincib!e, and
fuch as is feldom produced in courts of juitice,
an unbroken chain of evidence, that fidelity
itief cannot relif, nothing but millaken ten
derncfs for thefe unworthy ipcculations can
turn the mind aide from the path of truth and
juttice.
On this fubic6t he would add but one more
remark, if all that has been mentioned iial
fall ihort of poitjve nofiee, have not thefe peo-
pie been guilty Of cuPable negligence, un-:-
countable and even criminal remitlneGs; the
fources of information were numerous, and the
means of this information eafy and convenient,
the contract an important one, they were a.
bout to purchafe tract of country nearly as
large as the fate they lived in, and was it an
evidence of iimple honety and prudence to
PiOSNSt is lt Cul(Oudty
for men, men too remarkable for their quick
iightedneis to act with flch unguarded temer;-
ty. We mutt leave this ground before we can
reconcile the conduct of the purchalerS under
any reaionabe and rational principles of hui
man action here Is one, and only one on which
all theie arange things are reconcileable, fpecu-
lation, yes, fir, this was the moving cauie, the
primum mobile, the grand defderatum, gain
and lOfs employed the whole of their attention,
l,al 81
circumfances, and calculated their chances,
and adventured in the game of hazard, and be-
caufe they have heen unficcefsful, our cars are
funnod with the veil of lamentation.
Mr.. Speaker, law has been dragooned to the
fupport of theie claims, judicial authorities
have been cited, and decifons in equity quot
ed. Yes, unhalowed hands & polluted hearts
have ventured to approach the pure temple of
juftice. A book on which the claimants very
much rely, hold now in my hand. ! ack-
nowiedge it of high authority from the facred
equity and immutable principles of iufice, on
which the deChons are founded. Powell on
contracts is the book, in the 22lft page of the
end book, is correct and general defcription
given TO the qualifications of contract necef-
fairy to engage the Interpolation of a court of
equity, and il mutt be again repeated, the
claimants are the applicants. "It mut be fair,
iuf, reafonable, bona fde, certain in all its
valuable confederation, not merely voluntary,
contitent with the general policy of well re-
gnlated fociety, and free from fraud, circun-
vention or iurprifc.'
Under thefe general rules it has been uni
forrny and invariably decided, that contract
wanting any of thele conftituent parts win be
iet Aide in a court of equity that is, if it be
not bona tide, and it mutt not only be 70 between
the contracting parties, but it muf not be nlaia
tide with refpett to others. Fraud has in al,
well organized f5cietes, and fyitems of jurif-
prudence with which he had any acquaintance
been confdered as fuficient ground to deftroy
bargain, it is juf and proper it llould be 70,
otherwife what is conidered as immoral and
detefablen private life, wouldreceive the fanGti-
on ofa publicly recognized principle, having its
foundation in impunity; 70 far have the con-
fcience of courts of equity gone, that contracts
though fair in themielves, yet if they had a
fraudulent Object in view, fet Aide, and no
rule is more generally recei cd and better eftab-
hihed than that contracts made with a view to
cheat the government are void both in law and
comfy Here let me pauie, and emphaticaly
ak gentlemen, upon what principle &c law CT
equity can thele claims be mantained--this
government has never in the mott remote de-
gree recognized them or guaranteed the title |
and what is not little furPrlng, the bet in
formed gentlemen on judicial fubie6ts on the
other lide of the Houfe, are profoundly flent.
If the claims could be maintained by reafon,
argument, law or iuftice, would they be fatif-
fed by the flent eloquencc of till vote this
lIoufe and their country have lomething to ex-
pett from them, why therefore are they mute
confidence whifpers, management and policy
command this iiIence; he frankly acknowledge
ed If was not competent TO him, it was not his
with or deign to fpeak of moives-it would
be uncharitable, highly unbccoming ard great
ly indilcrest: what he had never beer n the
habit of doing, and hoped never ihould do
every member on this floor, and himfelf with
the reh, had to anCwer to his country, his con-
icience and his Cod for his conduct, and he
would now folemnly declare that as greatly as
he dhapproved the mealures of the former adj
mininration, he would rather vote for every
one, than for the refolution reported by the
committee.
(DeEate To be continneA.
g.