Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-01-26
VIRGINIA. LEGISL.dTU2B.

Smyth (of yVythe,) before the commit
tee Of the whole, to whom was referred
Inc petitions ofthe Loyal Company, ane
Il the settlers in the Western country
Mn CHAIRMAN.
Iris expedient to examine
I. The claim of that body Of men called
g the Loyal Company" to lands IN thu
weston parts of Virginia. q. The claim
osihepetitioners, the settlers on the same
lands. 3. The various sctsFof the leg,sia-
ture afhetng the rights ofeither. nc
various decisions of the courts toucni"s
thr sphta. And, S. The course WHICH
should NV be pursued.
=. In driving the title OF the company
...';. .,,,;,,,nt counsel has stated, that the
80 v.s I,rd paramount m Virginia
,h., his go~ernors accordingly granted
fcnds, and annexed as conditions, longer
or shorter periods for surveying the lands
granted.
These points are not controverted. AZ
is. admitted that where there were no
claims to lads, founded on municipal or
natural law, the king. or his governor and
council might grant lands; and 1t the con
OtatSn diUCGo Na'
grantee became entitled.
The members of The Loyal Company
knowing ispower to rest with the exc
cu,ivs: knowing TOO, perhaps, that there
sssted disposition to abuse 1t, coniede
rated themselves by articles, and petition
ed for 800 600 acres Of land on the from
tiers. The executive, contrary to the daily
oy The crown, although perhaps, acting
within lis jtawe-s, granted the moderate re
a.scst on the l7ih juno, l7a9, and allowed
four years, within which the land should
sbe surveyed.
Ifh is essential to the goodness OF such
NJ, order, that ii should have certain IL
rnits, then .ha, was not a good ,order:-
Because it was Sc vague that the company
might have begun or any point OF the
Norh Carolina line, between the Atlantic
and the Mississippi; and as the company
contend they were. not obliged to survey
u;sir land IN compact body, according
10 hat exposition Of the order, it incIud-
cd the whole state, and gave them 100000
acres wherever they pleased to survey it.,
even In spots OF 10 acres each. Such an
order, being wholly vague and unlimited,
cannot be good and valid.
But the foGr years allowed 20 survey the
land expired; and so the condition annex
ed not being complied with, the order
would have expired also. But on the l4th
June, 1883, the council passed another or
der, giving four years moro to survey the
land. In this order, the land allowed the
Company IS described "a lying ton the
Mississippi, in Augusta county, nythis
second order the company were sofnewha,
more circumscribed; but still nigh, hav:
begun at any point ON the line Of N3rif
Carolina, between the Allegheny and tn,
Mississippi, distance Of $50 miles.
When however, these two orders ar,
combined, and WHEN we understand then
as meaning to allow one cornpaG. body d
land 10 the company, the description b..
comes much more special than By the first
order alone, TO wit: beginning on the line
OF North Carolina, and running north and
westward To include 800 600 acres on the
branches OF the Miss ssippi- This gives
Them the county Of Greyson exaelIy--in
which there is perhaps just the quantity
OF land required.
mere IS ~ existence sufficient proof
that the company go understood their or
der---but they have endeavored TO conceal
it. Their survey, No. /. is a small square
on the North Carolina line.
They have not returned the plat and
of that survey 1t proved they
themselves bound to Join that
inc, and, from It's square form, we may
nier they intended to Join to il other sur
eys, to complete the quantity.
But the company found the Grayson
and barren, They therefore removed to
Re fertile valleys found in Washington,
Wythe and Montgomery; and made 90
'nrycysin the second period OF four years, |
besides the survey No. I. Those 90 sur
rcys, numbered from No. to No. 81 in
Li1siyo. have been returned To the req.
'ter's Office. They are scattered throue
! di4arict OF country, TO miles in lenu,h.
The second four years expired on the
9th july, i757. The nation was then
Engaged in war, which was terminated by
realy liz 1868. Al which time The KING
whose supremacy the company should not
Iispute, forbsdc by his royal proclamation
nd Instructions to his governors, the issu-
ng Of any more grants Tor lands on The
western waters.
Yet, IN May, i7sS, the company petit
ioned for an extension OF their grant. II
raa rsfuee1 terance H. co....~sl .yoro