The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-18

To the hononrobhe the Senate, and to the bouon-.
ate tbe Hauje Of Reprejen,atizrJ Of tie United
St@ft5, IN CongrefJ Gfs'nbied, tie memorial O.,
re HoRfe ef Rei'refentStiOsS oftbe territory Of
| Orleans,
RESPEcTFuLLY REPREsENTs-
THAT your memoraifs have carefully
conlidered the att paf'ed at the LAT Gtiiim OF
Congreis, entitled "An att for actertainine, &
adIuirng the titles ard claims tu land within the
territory of Orleans, and the ditriet of Louii-
ana;" and whilft they applaud the motive,
which has thus early called your attention to
that fuplett, they remain impreiTed with con-
vietion that many of the provifions of that att
require amendment. Attrbuting thcfe defects
in the law TO the want of that local information,
with their remote iituation from the feat of 90
vernment, has rendered il impoiiible YOU fi,onId
attain; your memoralifs cofdentlY truit, that
upon expoing the injuries to which they would
be fuhJetted by the execution of that act, in its
pTefent imperfect form, your honorable body
will apply the appropriate remedy.
The former governments of France and Spain.
under whole dominion this country has f,ccef
lively patIed, did not confdsr the vacant lands
as fource from which revenue was 10 be de.
rived, but as a means of iucreafing the popula-
ton of the conHtry, encouraging IT'S agriculture.
and gaining the affection of its inhabitants
Hence they were ever ready TO grant lands ta
thoie who removed to the province and applied
for them; and although the conceiions gene
raiiy Contained conditions, that the lands flould
he iettled within three years, that the roads and
ievies ihoud be made, & that the granite. f,ouid
not alien, unefs the conditions were performed:
yet 1t was well underitood that thefe conditions s.
like thoie inherited by the Britiih government.
IN many OF her colonial patentees, were NOT RE,
hgned for the purpcie of compelling rieorous
performance eft them, bnt with view 70 i'm
prefs the grantee with fenfe of dependence
upon that government from which his titles 2,
manated, and to bind him To that f,yerpipn
upon whom they depended for ultimate confir.
nation. In no cafe we're lands re-annexed TO
the KING = dominion for waat of performance
OF the conditions, except where the grantee had
manlfefed Tome decided difpoGtioD to abandon
them, or to leave the province and even then
fuch iapds were never c0niidered as liable TO he
re-er anted, tntil the furveyor general, who was
ordered to make the necei1ary inquiries, report.
ed that the lands in queltion were fubic,f, in
coniequence OF neglecting TO perform the con-
ditlons, to be re-annexed to his naieGy's do
InaiH. From this view of the fubett, your TO-
nourahle body will readily acc cunt for that
want of diipoii,ion to fpeculate in lands.
which is unaffected by the finaIl tracts which
are now held by all the ancient inhabitants. and
FOR that negligence in obtaining complete titles
which would IN other countries be inexcufable
and nnaccountable. Where government, poE
ieiling immesfe tracts of land, were ever ready
10 BELOW them on the hrft applicant, it is oh
vlons that iuch property would never he conf.
dered az worth the expence of engrofIine {; and
where new connections were daily offered To
isrdngers, 1t is not fnrprihng that the old inha
hltants ihould feel fecure, even with imperfect
titles, ON the fcanty portions which their sgceC
tors or themfelves had acquired.
The act to which we have called the attention
OF Congrets, requires that, in order to the con-
hrmation OF incomplete titles, dated prior to
the hrit day OF October, 1900, it flali be necec
fairy,
lat. That the perlon in whole favor the war.
rant Ihued, fhould at the time il emanated, have
attained the age of twenty-one, or have been
the head of family.
I'd. That the lands fhould have been a(9uallv
inhabited and cultivated on the LIST day of Oc-
toher, 1900, BY the grantee, or by fome one for
his uft.
The intances where, after performing the
CONDITIONS IN tire warrant OF lurvty, the fettlers
has proceeded to obtain his patent, are GONNA.
ratively few. LuIled into fecurity By caufes all
ready briefly enumerated, he depended conf.
deiiiiy Oil his pofiriiion, accompanied by his
iurvey; and in numerous initances, after per-
forming the conditions, the lands have been
transferred by repeated fales, or have paGed by
tefament or defcent through numerous heirs
or devlfees, without any other written evidence
OF right, than warraBt, followed by A t,latt &,
certificate Of fnrvey. Aged invalids are now
the proprietors of tracts, held under warrants
granted to minors; and numerous families at
this moment, fubfit upon the productions of
lands, formerly granted TO thofe who were then
unmarried and without families. Indeed infan-
cy, cefbacy, or the want of family, were nee
YER thought Of as objections to the emanatinn
Of patents under the French or SpauilI govern
Tnents, and your memorialifts humbly prefIIne.
can never fnrnifh a jua reafon for refu6ng a
confirmation of incomplete Claims under the
equitable government of the United States.
YoGr mcmorialifs, therefore, confidenflv
truit, that your honorable body, aware Of the
iDiultice Of changing the tcnures, By viii h their
lands have heretofore been held, viii nor make
the titles OF the citizens Of this territory, depeud
upon conditions not known to them AZ The time
Of acquiring their property, nor inherited IN tleir
conceidens, and not contemplated Ivy The laws
or ufages of the governmepr, from whici. tn, il
claims arc derived,