Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1805-04-01
\. Mr. 1ackson's SPEECH continued

with the same iiberality which chsracterises
his general conduct on this aoor, has lnses-
|tigated the question oithe Legality OF these
claims; and contended it was mos. clear
that the parties have no species ot legal
right. Z, am not disposed TO SO largely in-
10 this examinssion the volume present
ed by the agents which is called s pro-
fanation of argument" is an able yindEca-
hon; will, however, notieessonne soi5hls
positions. In establishing his premises
he assumes certain facts as conceded, (which
are denied in the most express and direct
anner-Grst,s that the claimants now BIZ
fore us, had notice of fraud when they pur,
chased the landsiiu question, this notice he
says was unques,ionably givenSby the mes
sage of the President to Congress, and the
proceedings in the House of Representa-.
tiyes. / have answered the assertion by a
minute reorganization ofall thesproceed-
ings that. at period, and Ideny that they
either express orimPy fraud, or curruptl-
on in the remotest manner. = hey had
notice'by the prefermenss sof tsletgrand lu-
ries m the state of Georgia Sir, 4 tor
one can declare I never saw these pre-
seatmentsin the newspapers; nay farther
never saw aGeorgia paper to my recoi.
lection until had the honor Of seat IN
this floor theysare net extensively clrcu-
lated beyond tbs limits of the state, and the
fact alduced by my colleague proves no.
thing; but (added the gentleman here Is
presumed notice; facts, sir, always defeat
presumprions sit is not 4 principle sd
ni,ted in law that because it was possible
that the party might have obtained notice
the inference must be that he had notice,
And how is the fact of norice or no not;ce,
to be settled My colleague well knows
that if the United States shall sell any OF
these lands to individuals, and the claim
ants do, as they Individually VIII, contest
the title; the proper process viii be the
action of rejectment, IN which IT is Prln-
ciple then which no one is better estab-
lished that that the eldest 'grantnaus pre-
vail. What then! why, sir, the settler
will resort to court OF enquiry whose
province it to relieve against fraud, and
he will chargein his bill in chancery, that
his antagonist derived his title from the
act of corrupt legislature, and that he
purchased from the grantees with 'astice Of
such fraud. The answer, which is sworn
to, expressly denies the notice, for, SIT,
the parties solemnly aver, they had no no
tice of fraud or corruption, whea they
purchased, and a knowledge OF their high
characters leaves no doubt on my mind OF
TO ole y,yelIe RI ie
! in equity, that where the answer is respon-
slve to the bill, it shall be cenclusive: un-t
less contradicted BY two positive, witness.
ess, or one witness, and strorg coroborat-
ing circun stances where then In my CO.
leagues doctrine ofpresumed. implied no.
1ice they are said he be1laeAte lite purchg-
sers, and here the gentleman must have
| encountered good old law maxim that
SD purchaser for valuable consideration
without notice has good title, unless he
is peadente lite purchaser; what sir,
pendente. lite purchasers, when TREY derive
their titlefrom the law Of an independent
legislature the grantees armed with its
official records the great seal OF state ai-
fixed solemn acknowledgment 81 the
receipt OF payment IN their possession?
That it can be assimilated to a lis bsndens
between A and B would indeed be far
fetched suppositlon--if any suit was de-
pending, it was between the Georgians
and their corrupt agents for abusing the
trustreposed in them, not for exceeding
their powers; as well might it be urged,
that if an individual gives his agent full
powers and he sells his property at a shame
ful sacrifice, that suit between such indi-
yidual and his agent is to effect the proper
~ which he had power TO sell. My CO.
league declares his willingness to make
provision for such claims as shall appear
20 have originated in purchases without,
knowledge of fraud, these alone are IL
.nla:r,c o., :lI:.,c. "a