Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-04-13

ledge OF her vacant territory, than purcha-
sers at a distance? Shall the merchant alb.
solve himself from his contract by saying
that he was cheated in the bale Of goods
which he had sold, and which for long
time he had had under his eye? Will it
aya'ithe vendor to say, sir, you have cheat
ed me IN the worth of the horse sold you,
and which lad used for long time! The
lands IN question were unascertained. The
Quantity was equally unknown TO the ven
J doris and to the vendees-of course no
fraud can be imputed TO the transaction on
that score.
! The same gentleman from PennsyIva-
ma, and he is joined by his colleague (Mr
! Gregg0 and by a gentleman from Virgil
MIA Mr. Clarke objects tothis claim on the
ground that the deed to,he ". England pur-
chasers contains u covenant of special ane,
not OF general warranty. Thence they
! infer, that these purchasers might presume
that the ACT was fraudulent and would be
rescinded. In my opinion, that Inference
cannot fairly he derived from the premi.
ses. The granting Legislature OF Georgia,
being Ignorant of the extent of former
grants as we'll as of the quantity of acres
IN that tract ofcountry, very properly pro
vlded that the state should not be subject
TO any suit, claim or pretension, on &C
count OF any deduction in the Quantity of
said territory. The limits between the
United States and the king of Spain, were
not atthat time definitvely settled. Hence
The propriety OF the special covenant that
the Georgia companies should not be Ii
able TO refund to the New England pur. |
chasers any money in consequence of any
detect IN their title from the state of Geor- |
gia. They knew, and were wiling to en-
counter these hazards, but they had been |
TOO much accustomed to yield cortidence
IN Legislative contracts to believe that they
would be wantonly violated.
Mr.. Speaker, have attempted as far
as my feeble abilities would permit, to an
swer all the objections recolleet to hayt
/ heard against this claim, and which an
pear to possess the merit of argument. IC'
| nave been successful, I trust the housr
VIII pardon me in declaring, that believe
mat the Claimants are not only equitabIy
ont legally entitled so that relief which
/ sney ask. Tia Georgia had the right
10 convey, think cannot be doubted,--
ana even admitting for arguments sake.
.eat the original sale was fraudulent and
so'd' and that IT IS competent to lepisia-
i've or Judiciary tribunal to enquire into
the motives which Influenced prior ,e
g'siature in making a)contraGt, still The
purchase IS good in the hands of subse
quent purchasers who came in for valua
bic considerations and without notice orth,
fraud; and the subsequent purchasers
would more especially be prote cted aoa;ns,
an alter purchaser, who pure based fco,r
the hrst grantor and with notice of the r,r-
or grant. The United Statse have purcba-
SEQ from Georgia, with notice tb,, Tho,
STATE mad years before sold the same lande
10 CERTAIN companies, and that those com.
panles had sold to the present claimants
ana shall the United States avoid the FIRST
contract a. fraudulent! The law hooks
contain no such doctrine.
but suppose, sir, that the aef of GEORGIA
OF i795 was stamped with infamy. wac o..
herated IN corruption, so that M snhse
! quent transfer could cleanse il of the fo,t,
STAN, still let me ask, would it not h.. ,v;ss
would 1t not be prudent to effect coro,,,o
mise win these claimants! This ,raS Of
country isnow esiima,edat about 5ooooooo
OF acres. tisnct proposed, and indeed w..
are not permitted by the convention win
Georgia to allow more than FIVE millions
otacres to all the different claimants -
consideration Of their relinouishmen, of
claim 10 the forty FIVE millions Of acre
IL their claim is d bad one it would he Co.
the advantage Of the United States N .; ~
10 per cent. For its extinction, SrnSoss
the Indian title to that country wac -
sushed and land Office was on.ned.
would the industrious settler nav 90, :,
much tor that land with this claim ;nbend'
ing over II, as he would for the same land
: u u were free from all conflietino Claims
II ne would in the latter case paw Won two
dollars an acre, which is the medium nrire
Tor which the United States lands are sold
would he give you one dollar and eighty
cents an acre, knowing that ne must en-.
Z counter a law suit 7 No, sir, industrious
farmers are unwilling TO purchase law
E suit. That country will never be sold 10
actual settlers until these claims shall h.
: extinguished or confirmed.
: Having offered my sentiments in opps.
: silion to the amendment, and in favor cr
the resolution reported by the committee
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