Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-04-10

OktlCf WiSS ~ Wa9 kuoWu 20 Inc KcU~
tlemen composing that committee
that Congress under the old confedeA
ration, and since the adoption Of the fs-
deraf constitution. had repeatedly recog-
nized the right OF Georgia TO the lands in
question. Prior to the year i7s8, Con-
gress had, at three several times reques-
ted the state Of Georgia to ceds p,rlion
of her vacant terrilory to the United
States In that year the state of Geor
g'a by an act of her legislature authorised
her delegates IN Congress TO c.de and
convey to the United States portion at
her vacant lands including the same tract
now claimed BY the New England purcha-
sets. This TERRITORY was 10 have b. EN-
ceded under Certain restrictions and Con-,
on'ons Tor CERTAIN compensation 20 be
pad by the y. States Congress refused
TO accept OF the ceszion,--no, because the
lands were cl.imedby the u. S.-ro, trnu,
any supposed defeSt Of title ia t;vo,g,a,-
Out because the terms were though In be
improper and inadmissible. And Con.
gress thereupon by another resolution pro-
posed to accept cession Of the lands in
qestion, on other terms aud under other
conditions. (Here Mr.. Root read copi-
Gus extracts from the journals of the old
congress, to shew the recognition of the
right OF Georgia tpthe lands now in contro-
-versy.) By several puIic acts aud docu
ments, continued Mr.. r, have the go.
yerDment oil the United States, since that
time, acknowledged and maintained the
right OF Georgia To these lands. The
United States have also, by tacit consent,
acknowledged the right &c Georgia.
hat state as early as the year 1880, as.
ser;ed her claim by a public act of her
legislature. In the year 1899, she made
d conditional sale of the same lands, and
N 1895, by Legislative act sold them to
the several companies under which the
New England purchasers claim to hold.
No objection on he par, OF the u. States
was made TO these several public ACTS
by known rule OF law, silence and &C.
quiescence in such cases is tantamout to
an express consent and confirmation.
Urder these circumstances should hard
~ suppose that the Presidents message a.
mounted In a notice of an adverse claim.
Another gentleman from Virginia (Mr-
Clarke) slledging that san actual notice
IS not necessary,"-that" "a constructive
notice is sufficient" which positions
shall not undertake to deny, has relied
w''h much apparent confidence on the cir
cumstance that the deed tn the New En-
s'as d company was executed on the same
day that The resembling ACT of Georgia,
vas passed. He iDfers from this that the
cit'zens al Boston must have known on
the iS,h OF February 1875, that the ,eeis-
ia'ures at Georgia were about TO annul
Tn ir grants and pass their famed resc;nd.
snS act on that day. We have no, We,
been told tina, That celebrated act wa.
lo's IN aus passage through the different
branches of the legislature, nor have we
| any ~ dence ,o conv,rce III that the er-
fstvrscerce ut which the pentlrman
speaks. hew like an electric shock airoos,
iDstanta'. ousiy fromf Georgia II, Ma,sachu.
SETS II Is Ian I" presume that The pur
chasers never conf '.tared lha, rescind
ing act c"utd be Ln .sed I'LL after thci, con
lrast was CO npIeted The coyenan, for the
'urchase was entered inio at Boston. in
the month ct Seo.enber, 1875. between
the agent of The original grantees and the
" England purchasers. In October.
1873. Payrnent III full of the balance of
the consideration money was made. and
the executive of Georgia made out his or.
der for i.dorsing satisfaction on the mort
gage aid for delivering up the same.
The act ofthe l-gisIa are Of Georgia an.
thor's'ng the grant, the deed executed bv
The governor according TO Las. The certjf;-
cate ct the paymentin full of the cop.ide.
ration money, and the executive order for
indorsing satisfaction on the MORTGAGE he.
ing all shewn to the New England MIR.
chasers, could they believe that the gran,
was void! Bred TO respect the ac,s Of law.
iui authority, accustomed to repose conf
dence in the contracts Of government, an,,
educated 10 the belief that private rights
and private property would not be ian
toniy despoiled, they required some fur
ther notice OF the freud, at least of such
fraud as might avoid the grant, than the
mere surmTses or whispers of The travel
Ter. Thus Mr.. Speaker, think mi. for
midable notice results in this tina, IN.
PRESIDENT bad been informed Of ,b- mas
sage OF the ael Of Georgia of l7es.--be
thought, unless precautionary step. were
1 taken. that IA IL