The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-03-01

upon our tables will evince, however, tha. oy
very frons implication, If not 10y expreis pro-
viiions, thefe claims have been recognized,
both by the aSt of ceiiion, and by the law of
Congrefs pafied in coniequence. The hrft con-
diion Of the fir(t article Of agreement and ceili
on, provides for the payment af ne .!.!!ic., t";
hundred and fifty thoufand dollars to the fate
of Georgia, out of the fra nett proceeds of the
fales of the lands then coded tire fecond pro-
vides for certain Briti.h and Spanith grants !;
and the third is as follows: "That all the lands
coded by this agreement TO the United States,
ihall. after iatisfying the aforementioned pay
n,ent of one million two hundred and fifty thou
find dollars to the Fate of Georgia, and the
grants recognized by the preceding condition,
be coniidered rs common fund for the ufe
and benefit of the United States, Georgia in
Guided, and fha!l be faithfully difpolcd of for
that purpofe, and for 10 other ufe or purpofe
whatever: provided however, that the United
States, for the period and until the end of one
year after the aflert of Georgia, to the boundd-
ny eftabliihed b. this agreement nal have been
declared, may, in iuch manner as not to inter
fere with the aforementioned payment to the
fate of Georgia, nor with the grants herein be-
fore recognized, difpofe of or appropriate d
portion of the faid lands, not exceeding five
millions of acres, or the proceeds of the faid
five millions of acres, or of any part thereof, for
the purpoie of fatsfying, quoting, or compen-
Eating for any ciaimJ other ttaz .5o/e berein be-
fore reecgnissd, which may be made to the taid
lands, or to any part thereof. 1t being fully
underftood, that if an act CT Congrefs making
iuch difpoGtion or appropriation fhall not be
paled into a law within the aforementioned
period of one year, the United States ihalI not
be at liberty thereafter 20 cede any part of the
faid lands account OF claims which MAJ be
laid to the fame, other than thofc recognized
by the preceding condition, nor to compeniate
for the fame; and in cafe of any fuch ceiiicn or
compensation, the preient cefion of Georgia,
to the right of foil over the lands thus ceded or
compensated for, filall be confdcred as null and
void, and the lands thus coded or compensated
for, tal revert to the fate of Georgia" 1T is
unnecefiary TO enquire into the motives which
dictated a Provi5on 70 fngular; they are o5vi-
Gus to all who are acquainted with the whole
hiitory OF the tranfaction. 1t was well under
food that CongrefS was 70 pats the law, and it
was pafled on the third of March 1908. The
eighth fection appropriated 70 much of the re-
icrved five millions of acres, as might be necel-
fairy to fatisfy the claims, not recognized by
the preceding agreement, which were embraced
| by the two firf feGtions of the act, or derived
! from Britih grants for lands not regranted by
the Spaniih government; and ALTO contained
the following appropriations 70 much of the
refdue of the faid Eve millions of acres, o. of
the nett proceeds thereof as may be neceiIary
| for that purpofe, fhall be and is hereby aDpro-
priated for the purpcfe of fatisfyng, quieting
and compenfating for fuch other claims TO the
| lands Of the United States fouth of the fate of
TenneIee, not recognized in the above,renti-
oned articles OF agreement, and evbicb are de-
riDed from any al or Sretsndei al of The Rate
Ct Georgia, which Congrets may hereafter think
| hit to provide for; ProUiaed bozve1,er. that no
other claims ihall be embraced by this appro-
priation but thCfe the evidence of which fhall
have. on or before the frf day of Jannarv
next, been exhibited, by the claimants, to- the
iecretary of fate, and recorded in books to be
kept IN his office for that purpofe, at THE ex-
pence Of fbe party exhibiting TIE tame"
| The following are the opinions of the
commifiioners, the Secretary of State,
Secretary of the Treafury, and Attorney &C.
neral OF the United States, upon this ful,jed.
On the claims pretended to be derived under
the act of Georgia ofthe Gift December 1889,
| they obierve, " upon full view of the fubie6,
the commiiiioners do not perceive that thofe
companies have any equitable claim either for
the land, or for compensation from the United
States. F" Very different is their opinion upon
the claims under the act of 1905 "The COM
miilionerS think thofe proportions inaf'rniGihle
and without pretending TO affirm that the IeQif-
lature of Georgia was competent to make the
deciiion, they feel no helitation in declaring it
as their opinion, that under all the crcumfan-
ces which may affect the cafe, as they have come
within their knowledge, and as herein Gated.
the title OF the claimants cannot be fupported.
But they nevertheless believe that the intereft
OF the United States, the tranquility Of thofe
who may hereafter inhabit that territory, and
various equitable considerations, which NAV be
urged IN favor of mott of the prefent claimants,
lender 1t expedent 10 enter into a comDroni}e
on reaionable ms."-Here cannot but re-
mark how very difficult it is for feeble minds to
decide important queAions upon which great
men difagree. The gentleman from VIRGINIA
Mr. Randolph)iS of opinion that it would not
only be lmpolitic to compromise thefe claims.
but that the only claims of the applicants are
fraud and villainy; the commiffioners, who pro-
badly examined the fubjef with as much atten-
ton, at leaf with as much coolnefs, as that
| gentleman, believe that not only the public
good requires the compromife, but that uari-
oH5 equitable eoa!fderafion5 may be urged in IA
YOUR of mott of the prefent claimants. The
Secretary of the treafury. in his letter of the 9th
init. to the chairman of the committee of claims
obferves, My own impref1ion was, that the
five millions ofacres would he Efficient 70 CO.
YER all the claims offetters, Brtifh grantees, G.,
| others not expressly provided for by the arti-
Giles of agreement, and al6 to make a rea6na-
BILE eompenfation for claims de,ized 81, brefend-
ed to be deriUed from Georgia and it appeared
to me that the effect of the claufe would be-