The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-09-28

IiSa' tuah this, enat he VINO purchases any
thing from trustee or Hniifcd Ayent,- takes
upon himself the knowledge of the au.l,pri.
ty under " h:ch he acts. In the case of
Mead y. Id. Orrery, 3 Atk. zoe il is held.
that whoever purchases any thing from au
Executor, takes it with notice OF the will
which makes him an Executor: and it is
also held IN 2 Fonb. LOG, that it "a man pur.
chases under will by which trust is
created. he must take notice at his peril, of
the construction and ef.eraffon Of Law up
ON 1t. These doctrines equally apply, at
least. to the acts of the American Leeis-
iatures: 1t is a Canon, every where SUBJ
scribed to, that they act i'm subordination TO
the Constitutions of the several States .--.-
The question then still recurs, could the
Legislature of the State of Gt orsia sell this
territory in the gross, and discharged of the
foregoing important conditions prescribed
by the Constitution of the State for the he
neiit of the people ,hereof? and if not, this
IS cardinal defect of title. intrinsic on the
face of the transaction itself, and which win
consequently affect AL purchasers of the
land granted. throughout all time 1t is
not collateral and extraneous circumstan-
ce, which must be shosvn to have been
known to the party purchasing: it is an in
nerent uetect OF title, existing in the very
foundation thereof.
Another Inherent matter appearing in the
Act OF 1895 itself is. that thai Act purports,
without necessity, and in a novel and most
elaborate manner, to support it's prstensi-A
ons TO sell the territory in question, by re
ferring TO various passages in the Articles
OF Confederation and of the Constitutions
OF the United States. This unusual and un.
necessary specification, is an intrinsic BADGE
OF fraud under the 6hresou,ien in Twine's
case. n THAT "Clausula inconjuncfa semper.
inducunt ssspiconem." lin Mat case an
avermen,, in a deed 'hat it was ma e :. ho-
restly, truly and bona jfde," was held TO a
mount 10 sucha badge, all this mater of :
novelty and supererogatiop will. in the case.
before US, be, held to fail within the same
character. This extraordinary pretension
to right and fairness Of dealing, proves too
much: 1t shows, ncon;e2tib( that some.
thing '',ala tide was at bottom that ..there,
was something rotten in the State os Den
mark The right of the several States to-
cede their vacant territory 10 Cnngress.
(Which admits the right thereteto TO be in.
the several States, however once question
ed on the. ground of being the general
property OF the United States. had bees.
long at resi-, 81 andj the right of the State
OF Georgia to seifand parcel out her vacant.
lands to individuals, under the provisions
D lore mentioned, was guaranteed to the
Legislature by the Constitution There
was no necessity, there fore, for this eabo
rate detail, IN the case of acting fairly :.
and the doing of it consequently amouhss TO
a'oadge or suspicion Of fraud:gas auch so
rs would the voluntary and intrusive aver
I'ent OF horse-trader, twenty times repeat
ed, that he was the true anti'undoubsed own.
cr OF the horse he preferred to sell.
Another important circumstance, exist
ing upon the face OF the Act itself, is the
astonishing inadeqnacy of the consideration,
as aforesaid. Not only are the fertile. and
wei "atered iandsof the Yazoo, which in
point OF Climate and situation, are another
.1rcadf0, worth mere than one cent per -.
ere but they are fixed by the admissions,
as aforesaid. of ms purchasers themselves.
and OF tile United States, irr relation to other
aud interior lands, 20 bs worth perhaps 200
times that sum Admitting therefor in
general, that mere inadequacy of price. ta.-
ken separately & Independently Of ali o,aer
circumstances, (bnt in this case there are a.
bundanr corroborating circumstances is not
OF itself sutiicient to vacate contract in F.
putty C) yet il is otherwise where the
Z" Inequality is so strong, gross and mani.
g fest, that il must be impossible to state it,.
@ 10 man of coCrmou sense, without produ-
f" cling an exclamation at the inequality OF
F" Ii" (k) If ever there was case which
c@ne full mp to tire acquisitions of the a.
bove s,andaad, such is the actual case be-
tore US and therefore on the mere ground
OF mad q 1acy only, and in exclusion of eve
- o'hSt CHCuIStahCe, that lnSretueHt would
damn the grant in the eye of a court Of E.,
quity forever; and estop the purchasers,
through all time, from SAYING they had no
notice of the fraud practised by the parsies
TO the Act Of Jan 1905. A.,
lhave thus slewn intrinsic circumstances
OF suspicion, 20 say the least. in the Act OF
} January IS, whentesled by the Constitutions
OF the State, under which alone the LegisIa
ture was authorised TO sell and IN the Acr
taken merely in its.lf. j will now advert to
one OF similar character in the Deeds.
under which all the purchases from the Of
riginal grantees were made tbs stated by
the Commissioners in their Report afore..
said' that all the deeds gwen by the Com.
panles, as well as all the subsequeht deeds
made to purchasers, which had been exhix
pred to the Commissioners, with 9 or ex
captions only J had in them, not ouly SHE
ffaf, instead OF general warrant bat al
SO special covenant exempting the sellers.
rot only from further warranty than the
above, but alsofrom refunding the purchase
money lin Consequence of any defect Of their
y title from the State of Georgia, if any such
;. there should hereafter appear to bes'-~-
winnie 1T IS admitted that this Covenant MAJ,
be accounted for, by referring /, Gnier slia1
to previous sales made by the Legislature 70
Certain companies il Virginia in the wear
1857 Vt also may be taken more extensiveIv.
IL seems to me to amount to an admission
on the part of the grantees in those deeds.
mat ney are to stand only in the shoes of