The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-04-03

The jury find the grant of Carolina by
Charles End to the Earl of Clarendon and
others compromising the whole country
from So deg. so min. N. Lat. to 90 deg N.
Lat. and from the Atlantic to the South
sea, S.
They find that the northern part of this
territory was afterwards erected into a Sc
parate colony, and that the most northern
part of the IS deg. Of n, Lat. was the boun
Diary line between North and South Carroll.
IA.
That seven of the eight proprietors of the
Carolinas surrendered to George 2nd in the
year 1879, who appointed a Governor of
South Carolina.
That. in 1882 George the I'd granted to
the Lord Viscount Percival and others Sc
ven eighths of the territory between the Sa-
vaaah and the Alatamaha, and extending
west to the South sea. and that the remain,
ing eighth part, which was still the proper
~ of the heir of Lord Carteret, one of the
original grantees of Carolina. was after.
wards conveyed to them. This territory
was constituted colony and called Geor-
Eia. ~.
That the Governor of South Carolina con-
tinusd to exercise Jurisdiction south of Geor-
g;a.
That, in 1852. the grantees surrendered
TO the crown.
. That, in 1854. a Governor was appointed
by the crown, with commission describing
the boundaries of the colony.
= That treaty OF peace was concluded be-
tween G. Britain and Spain, in 1853, in
which the latter coded, to che former, Flo
Eida with Fort St. Augusrin and the bay of
Pensacola.
That, in October 1868, the KING of G..
Britain issued a proclamation creating four
new colonies, Quebec, East Florida, West
Florida and Grenada, and prescribing the
bounds of each, and further declaring that
all the lands between the Altamaha and St.
Mary,s should be annexed 10 Georgia.
The same proclamation contained a clause
reserving under the dominion and protect.
OF: OF the crown, tor the use of the Indians,
all the lands on the western waters, and for
bidding settlement on them or pur-
chase of them from the Indians. The lands
conveyed to the plaintiff lie on the western
waters.
That, in November 1868, commission
was issued to the Governor OF Georgia. n,
which the boundaries of tina. province are
described as extending westward to the
Mississippi. commission, describing boun-
DIARIES OF the same extent, was afterwards
granted in 1864.
That war broke out between G.. B. and
her colonies, which terminated in treaty of
peace acknowledging them as sovereign and
Independent states.
That, in April 1887, convention was
entered into between the states of South
Carolina and Georgia settling the boundary
line between them.
The jury afterwards describe the SITUATE
on OF the lands mentioned in the plaintiffs
declaration, in such manner that their lay
ing within the limits of Georgia, as defined
in the proclamation of 1868, in the treaty
OF peace and in the convention between
that state and South Carolina has not been
questioned.
The ccuncil for the plaintiffs rest their
argument on single proposition. They
contend that the reservation for the use of
the Indians, contained in the proclamation
OF 1765, excerpts the lands on the western
waters from the colonies within whose
bounds they would otherwise have been, and
that they were acquired by the revoutiona.
~ war All acquisitions during the war.
Ii is contended, We're made by the Joint arms,
tor the joint benefit of the United States,
and not for the benefit of any particular
state.
The court does not understand the pro
clamation as 1t is understood by the counsel
for the plaintiffs. The reservation for the
use OF the Indians appears to be a Temporal
ny arrangement suspendiDg, for time the
settlement of the country reserved and the
powers OF the royal governor within the ter
ritory reserved, but is not conceived to a.
mount to an alteration of the boundaries of
the colony. 1.-THE language of the proclama-
tion be, itself, doubtful, the commissions
subsequent thereto. which were given TO the
governors of Georgia, entirely remove the
doubt.
The question, whether the vacant lands
within the United States became Joint pro.
perry, or belonged to the seperate states,
was momentous question which, at one
time, threatened to shake the American con-
iederacy to its foundation. This important
and dangerous contest has been compromis-
ed, and the compromise is not now to be dis
turbed.
IL is the opinion of the court that the par.
hcular land stated in the declaration ap-
pears, from this special verdict to lie within
the state OF Georgia, and that the state of
Georgia had power to grant it.
Some difficulty was produced by the Lam
ruage OF the covenant and ofthe pleadings
1t was doubted whether state can be seized
IN fee OF lands subject to the Indian title,
and whether decision, that they were seiz
ed in fee, might not be construed to amount
to decision that their grantee might main.
tain an ejectment for them, Notwithstanding
that title.
The majority ef the court is of opinion
that the nature of the Indian title, which is
sertany tobc respected by all courts until
II be ligitimateiy extinguished, is not such
as to be absolutely repugnant to seizin in fee
on the part OF the state.-JuagRle2tt affirmed