Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-01-26
a.Iw;ll nox state the dam OF the peo'.
-. ~. ..,,i,.rs. m the sane lands. ..t,-s.

ME. The settlers. TO the sane lands. -t'>.,
A,,hourh have agreed with the com
,anv.s council in ascribing high powers to
the king, yet 1, contend tia. Il IS the duty
az the sovereign to exercise his cons'itu-'
.ional powers for the goodof the subje6l.
When the English laws declare the king
Iord paramount, and general proprietor ct
the soil, il is only meant that he is atru,-
tee for the nation. II thfec-fourthso Of The,
country was waste land, to which no sub
ject had right, il would be the kings
duty to grant il out, that it should be cul-
tivated. 1t would most sertainly be his
duty if the laws provided, tina, every cub
livator who would, might acquire in a par-
ticular way, 400 acres.
| II prince should refuse during his life
to execute such a law the cultivator
would have an equitable, pre-emp,ive
right, to grant from his successor; and
that equitable right should be considered
as commencing with the possession Of the
cultiyator. II could not b. iessened, by
the delay Of the sovereign to give him a
title according to the laws.
In l74s, the Legislature Of Virginia pro-
vided that he who would might enter 400
acres of vacant land and should have a
grant For it, on paying the composition mo-
ney and fees.
The kings instructions to his govern
ors, and proclamation in 1863, was sus
pension of this law and although obliga-
! tory in preventing grants e,nanating from
executive discretio, only, was void, so far
as respected the stbject, by the English
bill Of rights, which denies to the crown
the power of suspeading laws.
! The subject, thu, denied by the govern
ment, his lavyfut riglt to 400 acres Of waste
lIand, obtained by as settlement thereon,
an equitable right hereto. The govern
nent by denying lin a legal title, could
not give % itself q right to grant those
jia..A- TO another,>@.ose attempt to procure
them should be made a,-a subsequent
time.
Such is the Foundation Of the right .;
the western settler. The. government
would not execute the law, and grant him
400 acres. He therefore took possession
al Il, thereby doing all he could 10 acquire
the property, and waiting untillhe execu-
tive authority should See FIT TO do its duty,
and grant him titt.
Il is stated by tir company, that the
settlers petitioned FIR the establishment
of the company's grant. Certain tits tha,
the company got transient persons TO pc
tition. 1t also staied The settlers obtain
ed their lands 10 be surveyed. That Ell
Their Of these circumstances should afccl
the people, even atruc, is not admitted I:
/ for the people were ignorant f shcirrighls,
alarmed and frightened into those nea-
sures; tru'h was suppressed, and falshood
suggested, and any hing done by the Sc,
tiers under such circumstances is not OBJ
ligaiory on them
The order OF council of i775, which pro
teas the settlers from the location Of the
officers and soldiers, is an admission Of
their equitable right. Their farms were
not considered as mere waste land. Fo,
II SO considered, they were liable to loca
ton. Neither was il considered that the
Loyal Company had a right to them; for
the order expressly allows the settlers 10
hold under the officers and soldiers, ifthey
think fit--which could not be, ifthe COM
pany's order was in foIce, and the settlers
resided within its limits.
The next recognition or the right OF the
settlers took place in 1875. II is menti-
oned in ar a6t passed in f777. Its there
stated that the assembly in l776, had re-
solved, "that settlers on enappropriated
Glands, to which there was no prior iusl
claim, should have the presumption Of a
i"grant to such lands )" and the aet of f577
goes. on TO declare that the lands in their
posses sion, and tins securedso a5ens ough
10 be taxed, and they are taxed according.
". Thus we see that before the passage
of the a6 OF 1870, for adjusting claims 10
unpatcnied lands, the right of settlers was
acknowledged by the kings council, by
The people in convention, md by the legis-
lature, as right Of property, for which
they paid taxes.
The next recognition of The rights OF
the settlers, was by the legislature of i77o.
They declared that the ieitler had acgrlir-
ed a f'roferfy At his chrgc and risque !;
that it ought 10 be secnrei, and the fault is
attributed to the king iha they bad not got
their titles long before.
From whence contmd that the set
tiers right ofproperty is ODE considered as
commencing ithhis settement; forif not,
the legislature bad no right to prefer him
by law to another man II the settler had
! rsfrt,f 10 f,. 4, II a.