Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-01-26

We come next 10 Inc OfetSi % TIT y
Instructions had been given by the king
ithas part OF the western lands should os
located for the officers and soldiers OF th'
Hate army. The company by their ems
saries, procured signers to petition u :
! the western country, praying that inc OF
q 6cers might be restrained from iocauni;
actual settlements. The conspaoy's agen'
. MENTIONED also, and the council orae'e.'
Thar he officers end soldiers should DC ~
, Io,--d IN locate. their lands where 'hey oe-
s;red. not Interfering with actual settle
cents ,nade he fore October, 1853. They
,Iso nroyidcd. that the settlers should have
certain lands on account OF their settle
g rnents, which zvtre 10 be faken as Part ofthe
90 granite svaen me land Office should be
of.en TO :her,."
To the passage ola part OF this order.
The council were competent. To the pas.
sage Of another part of the order they
were incompetent. They had received
oders, first, to grant no land on the wes-
tern wat-rs-2dly. To cause to be located
the army lands on the western waters.--
They were thus restrained from granting
the western lands NTH one only e1crfi,ion.
They had right to order that the ar
my lands should be SO located, as not to
include settlements. But they had no
power to grant the remaining lands to the
company or The settlers, or both for as 10
them there was no exception.
7, is therefore contended, tha: this or
der was good, and consistent with The pow
ers OF the Council, so Far as it restrained
the officers from locating settlements be-
cause the Instructions From the king, being
To suffer 10 be located, and to grant lands to
thu army, power necessarily arose 10 FIX
the Piece sahere those lands should lie, on
the wes:c.a waters and consequently the
council hal right 20 say that the surveys
male for The army sbouldnos Include set
Elements. But they had no power 70 re
vive the oder ofthe Loyal Company. So
| they acknowledged in 1863 and if in
l773, they had other powers, where is the
evidence thereof? Yet in pursuance of this
order, numerous surveys were made, in
most instances, including the settle ments
of iett,crs, in some including mere waste
lard. The surveys made are scattered
through tra0 OF country 900 miles in
! length, and some of them $50 miles from
! the line of North Carolina. 1t has been
asserted the surveyors ,oidthe settlers they
would lose their land, unless II was survey.
led under the company; that they would
survey for the officers and soldiers. Thus
the people were deiuded or terrified to
suffer their settlements to be surveyed as
part Of the Loyal Conpany's grant. But
in making those surveys, no attention was
| 4 Il. <sc - r. f.-
as the company have declared. They say
they paid no regard to the restrictions
O the order" So that If the council in
773, had power to revive the order to the
. Company, the surveys were void; because
/ mot made according to li,e terms Of that
E order.
I When in l77e, the legislature resolvet
to open the land Office. it appears doubt.
were entertained as TO the right of the
Loyal Company to surveys made since
I757. The legislature referred il 30 the
court Of appeals, 10 determine on, and es.
tabIish such claims as might be consider
/ ed as coming within,he description declar-
ed valid by The legislature.
The assembly declared surveys by or.
| der of the council should be valid, ifmade
spsiic tie order svas ~ force, and ny cou,s
~ Surveyor, conlmisHoFed by me maafcrs of
fhs college and referred il to the court Of
appeals to establish such particular claims
as came within that general description.
The court of appeals instead of deciding
on particular cases, gave another general
description, and lefy its application to Tire
register. They ~ l7Ss, passed gene
raj order on hearing the company and the
commonwealth by council, " that surveys
" made before l?7e, by virtue of the or
" ders Of council,eo the Loyal or Green
" brier Company by county surveyor,
"or HE deltufy, qualified according 10 lasv,
"ought to be cophrmed."
will only remark in this place, ,ha,
the court Of ap5 Is did not pursue The au-
thori,y given q n. They should have
declared Cha, c, cain surveys, specially de-
scrihed, were established" The general
| assembly had given a criterion Car esla
blishment or rejection, which the court Of
appeals were to apply. The court gave
another criterion for establishment. and
direeted the register 10 apply il. The ,e-
| gisla,uie had said surveys were good, IL
made by surveyor "eom1issioned 6y rte
masters of The college," The court OF ap-
I pea.s said they should be GOOD ;f made