Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1805-06-07

TIME u Niu'N, S"N "'6
10 Georgia, il they did not expressly re-
cornrze her claim. And as principle
to govern in this case, 1t IS stated, mat
in Courts OF equity it has been establish
ID " that Tie true owner OF land shall Do
bound by sale Of a stranger who has Il"
tide, 1t the owner suffer the 81 Ie to 50 on
BY an innocent purchaser, without CIV
ing notice of his title when it was IN his
power i; aud that the case is much strCn-
ger against thu owner when he has g.
veua COLOUR or title to the seller, and
thu, helped to d.ueive the purchaser.
The claim of the United States is not
lmme di4tylv connected with the Quesu-
on bet~t,n the Legislative grant"s an"
the priv axe grantees Of Georgia; She
finding h, rselt embarrassed by these va.
RIO ,IArms, and the very singular stu
alton ct that business, ceded the whole
territory to the United States for a very
small confederation, accompanied with
a mutual stipulation that the U. States
should appropriate ,OOO,O 900 of acres to
satisfy the claimants, at the discretion
OF the United States. 1t is plain prln-
ciple OF law that no subsequent Purchas-
er shall avoid precedent purchase on
the ground of fraud, but purchaser for
valuable consideration. If the Unite d
States are purchasers for valuable con-
sidcrat'on, they are purchasers from
Georgia, and they now claim IN Ter tine
title Of Georgia. For if any believe thIt
the claimants OF an earlier date than 1895
have an, just CLAIMS upon the state al
Georgia the public faith OF the union
must therefore be considered as at least
tac''ly pledged to appropriate at least the
greater part IF the FIVE millions OF acres
tor the claimants under the act Of 1895.
a bill passed the preliminary stag S, an
thorising commissioners, 10 settle with
the claimants generally limited in their
chtet operations to the a1propr iatiors Of
tve millions of acres. Mr.. Randolph
opposed this bill with all the Iowtrs of
his eloquence, and when he found that it
was likely to pass, he. arrested its pro-
gress by the introduction OF set OF re-
solutions, calculated to establish an lr-
quIsitorlal and ccnsorial power IN Con-
gress over the state governments, dcclAr-
ing the legislature OF Gcor gil Of 1895 to
have been corrupt, jusntN ing tn pro-
ceedlngs OF the leg slature OF 1896, au-
thorising the state gIslature or c> en- tar
people themselves y, rescind contracts iii
which the public faith is pledged, and
declaring that the United States were UNI
der no obligation to appropriate any part
Of the Ave millions of acres 10 the salts
faction Oft claimants under the act Of
1905, and that no part should be so ap-
PropriAted. That NAV not be accus-
ed OF mlsrePrest ntlng the language or
the object OF those very extraordinary
resolutions, | viii uanscrbe them from
the speech of the mover, and reserve
nv comments upon them for my next
letter.
1. Res9fvea, That the legislature of
the state OF Georgia were at no time in-
vested with the power of alternating the
right Of soil possessed by the good peo-
Pie OF that state, in and to the vacant ter
rltorv OF the same, but in a rightfuLman-
ner and for the general good.
2. That when the governors of any
people shall have betra, ed the confidence
rePosed in them, and shall have exer-
clstd that authority with which they
have been invested for the general well
fare to promote their own private ends,
under the bascst motives, and 20 the pub
lie detrlment, tits the inalienabIc ri Ght of
apeoPle, thus oircumstanced, to revoke
the authority thus abused, to resume
the rights thus attempted to be battered,
to abrogate the act thus endeavouring to
betray them.
8. That IT is in evidence to this House
that the act of the legislature Of Georgia
passed on the 9th January, 1895, enrt-
led, &c. was passed by persons under
the influence of gross and palpable cor
ruptlon, practiscd by the grAnters of the
lands attcmDted TO be atirnard NV III.