Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-07-10
FRom raE AuRoRA.
THE YAzoo SPECULATION.

CoNTINUED..

- 49, CONTINUED. ~ zt.s,. ~
The second general head concerned
the tenure by which the country had been
land is held. That head we Showed 10
comprehend three different subjects, in
discussing the first of which we Showed
That there are two several powers, whose
consent was each sevcrally necessary, to
render any transfer of title to the sove.
lreignty, or the lee simple IN the soil, of
lany .validity--thc consent &c neither of
which was obtained--nor sought--and of
consequence that any title or pretended
title derived from any other authority,
which might have assumed TO possess a
right or title, could not be as it relates TO
the Uni'ed States or the people OF the u
lnited States good or valid in law or equity,
even though there had been no corruption
nor moral turpitude to destroy it.
The Second collateral head relates to Ii
ties derived by former hossessors who held
IN alledged right of conquest or treaty.
and who by treaty transferred their tile,
as u was, to the United States.
The country now called Mississippi
; Territory was claimed to be possessed by
France and Spain, and Great Britain at
various periods. BY the tecoud article OF
the treaty of Paris of the Sd September.
1888, with Great Britain, and by The 5th
article oil the treaty of St. Lorenzo Ell Re-
al OF the 9Th Otlobet, i795, the British,
lceeed aud transferred their right and IL
tie. such as it was, to the territory Which
is described by the line ofihe 3ist degree
of north latitude, and which in faG now
forms the boundary which separates the
Z I te1 Z :
da. Their cession to the United States,
was subject to such iras as the laws ofthe
ccding powers had given TO individuals up
on any part or parts OF the territory. So
far as II was in the power of the United
States they were bound to make good the
grants made BY the cedieg powers while
they were the possessors.
Settlements had been made on the ter
ritory during the Spanish occupancy,
and these remained in the hands of The
= planters unu,oles,el, but subject to- the
laws of the power TO which they owed al.
leg'ance. When the British possessed
Florida after the peace of 1868, they aisc
made grants. The jealousy Of the Yves
India planters, DESTROYED the prosperinf
. colonies on the Florida shore, and as Tn,
Spaniards found il an easy prey, they tool
iii in l73l, during our revolution. Blu
while the English held possession, they
had divided Florida into two government.
or provinces instead of one, and called the
uppermost West Florida, which was pre-.
viously called louisiana. This province
extended beyond the 3ist degree. upon
the mouth of the Yszoo river, in lat. SO.
"a. This is the northern boundary OF The
county ofCiaiborne, and forms part OF the
only sections released from the authority
Iof the Indians.
These lands partly occupied, and held,
many of them, only in right of occupsn.
Icy, at the period OF the cession OF the u
Dited States; the policy and lberalily OF
the United States have never questioned
the titles to; they have acquiesced in the
title by possession and cultivation Of the
soil. Bot The British and the Spanisrts
had also made grants of tracts in this ter
ritory to an immense extent, to persons
who were neither occupants nor cultiva.
tors and such grants as these continued
TO be made by Spain, even after the treaty
OF i7sS, by which The right of the Uaited
states was recognized to the .territor,
within the 3lst degree. Nay, many o
these tracts bad been already covered b,
British grants.---These circumstance
{ have rendered the affairs Of the territor,
perpiexed to an unusual degree, as NAV b.
easily conceived by simple enumeration
j. Held by the descendants OF Prencl
settlers by grant from France.
2. Lands held by possession withou; a
ny grant under France.
3, Grants of France where there wa,
no real settlement.
These three several classes are gusran
Il teed by treaties with France and Spain
recognized by the u. s.
:, 4. Lands granted by the Spanish go
4 yernment under legitimate authority
s. Lands occupied during Spsnish pos
5, session, the titles to which are sccur
!. ed by treaty.
6. Lands granted by the Spanish go
vernment contrary iolegitimaie right
but OF which transfers and sele has,
,. been made, and occupancy and cult
" walton followed.