The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-03-21


fraud, was a6 inifio void, or that a flbftouent
Legislature would annu! the grant. That ,nef-
iage did notfy Congrcfs that Georgia had pat
fed law for telling 2 part OF her vacant lands,
and exrrefed fone approximations for the future
peace of the United States. Here Mr. Root
read the Prelident's elIage ofthc 18th Fchru-
airy, 1915, and inferred from the meiage itGtif
that the Preiidents approximations arofe from
the circumstance of that country'G being inha-
bted by wlrke Indians, and that he comnu-
nicated the information 70 Congr>fs in order
that pacific meafnres might he adopted Is
this, continued Mr.. r. a notice of fraud Is
this cH7e0t TO notify Purchafcrs TO beware
But Mr.. Speaker, is this m-f'ige interpreted into
notice Of an adverte claim? IF 70, in whom
did that adverfe claim exit Surely rot in
Georgia, after fLe had paTtd all her right
Did 1t exit in the United States? Such 4 CHIN
was not aiierted by the Preiident in his melT:,-e
Andindsed 1t appears from perufll of the bin
reported by the frleGt committee TO whom
that mefIage was referred, that no anertion of
claim 10 the lands in quenion was then contem-
plated. (hir. Root read the bill alluded TO,
purporting rs follows 90 Be it enacted sc.
that the Prefidert nc authorized to obtain on ac-
cept by purchalt or donation, from the fate oF
Georgia, reuquiihment and ceffon of the
claim of the faid fate 10 the whole or any part
of the lands lying wit'in the limits Of the fine,
and without the ordinary iurifiiaion there
OE'O Georgia owned other vacant lands out
of her ordinary iurfli4ion, th,n thoft fold NV
her to the fevera companies orl7o5. A cellion
Of theie lands to the United States aopears TO
have been the object of that committeeman
how could they have acted 0therwifc? Il was
known TO the gentlemen competing that com.
mttee that Congrefs under the old confedera-
ton, and iince the adoption Of the federal con
fitutiOn, had repeatedly recognized the RIGHT
OF Georgia to the lands in queton. Prior 70
the year 1888, ConErefs had, at three Gsver,I
times requeHed the itate Of Georgia TO cede \
portion of her vacant territory 10 the United
States. In that year the fate of Georgia by an
ast other legislature authorized her DELEGATES in
Conerefs TO cede and convey to the United
States portion of her vacant lands including
the fame tract now claimed bythe Ncyv-EurIaYd
purchafers. This territory was to have been
coded under certain reltrictons and conditions
for certain compensation to he paid by the u
nited States. Congrefs refufed to accent ofthe
celiion,-not becauie the lands were claimed by
the United States,--not from any flIprofrd de
tect nttitIe IN GcorRia,---hut becauft the terms
were though to he improper and inadmifIibIe
And Congreis thereupon hv another refolution
prorn'ed to accept a ceffOn Of the lands in
qutition, or other terms and under other con-
ditions. (Here Mr.. Root read co7ions extracts
FROM the journals ofth- old Congrefs, to shev
he
lands now in controverfy.) BY feveraI public
sets and documents, CONTINUED Mr.. r have
the government of the United States, fince that
time, acknowledged and maintained the rioht
OF Georgia 10 thCfe lands. The United States
have alto. by tacit content, acknowledged the
right of Georeia. That fate as early as the
year 1880, aierted her claim by public act
of her lcPilature. In 1899, fbe made condi-
tional iale the fame lands, and in l7o5, bv 4
I Is.o. l,Ns-, . Al,
| mics under which the New-England purcbaftrs
claim to hold. No objection on the part fine
United States was made TO thcfe fsveral public
attS--and by kn3wn rule of law, flence and
aCQuiefcenCr in fuch cafes is tantamOunt 70 an
express con!eat and confirmation Under theft
circumstances lh"uld hardly fjI2pofe that the
Pr lident's mellage amounted to A notice of an
adverfe claim.---Another gentleman from Vir
ginil (Mr. Clarke al!edging that " an actual no.
tlce is not neceitary, THAT ga connruC1ive
notice is fufficient," which petitions G,all NOT
undertake TO deny, has relied with much anna
rent confidence on the circumnance that the
deed to the New-Engldnd company was execu-
ted on the fame day that the refcindng an Of
Georgia was pafIed. He infers from this that
the citizens Of Boron NUT have known on the
18th of February, 1896, that the legi1atures of
Georgia were ahOu to annul their grants, and
pats their famed refcinding act on that dav. We
nave NOT YET betn tO!d that that celebrated act
was long in its pa1aee through the different
branches of the legislature, nor have we any G.
violence to convince us that the effervefcence of
which the gentleman fpeaks, flew ike an cleo
trio fhock almoit infantaneouny from Georgia
to Maiiachufctts. 1t is fair to prefu7e that the
purchafers never coaie6tured that refcindinp
aG could be paf1ed till after their contract was
completed. The covenant Tor the purchafe was
entered INTO at Bottom, in the month Of Septern
Der, 1895, between the agent of the original
grantees and the Eew-England purchaftrs. In
October, 1895, payment in full of the balance
ofthe confederation money was made, and the
executive Of Georgia made out his order for iu-
dorling fatisflttion on the mortgage and for de-
liveting up the fame. The act of the legina-
ture Of Georgia authorizing the grant the deed
executed by the governor according TO law, The
certificate the payment in full Of the confide-
ration money, and the executive order forirdor-
fling iatisfa6tion on the mortgage, being all
fhewn TO the New England purchafers, could
they believe that the grant was void Bred TO
refped the acts of lawful Authority, accunom-
cd TO repofe confidence in the contracts of 90
vernmeut, and educated in the belief that Dri-
vate rights and private property would not be
wantonly defpoilecl, thev required fonc further
notice Of the fraud, at lean Of fuch fraud as
might avoid the giant, than the mere furmifes
or Wlifners pffte Traveller Time M C,