The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-10-05

terested therein.9 20 take notice of the pas
sage of the act of 9Th quarry, '95. The n
foresaid message of TPdshingfon, and the
long and inveterste struggle which has ex :.
isted, and is YET kept w. in Congress, and
in the Superior Court Of the u. States on
this very important subject. afford suffici
ent commentaryupont the application of this
principle. to the case before US. The state
OF Massachusetts and the people thereof,
deeply into rested in this subject on the
ground ct the interest acquired to the union
by the cession of this territory by the state
OF Georgia, and of the danger to the public
peace resulting from the grants, under the
act OF 179s to numerous horde of enter
PrisinS and daring settlers and adventures.
are not to be permitted therefore, TO say,
that this was matter Of Indifference to
them and it behoves all persons to take
notice, at their peril. of all notorious acts
which Concern them.
II cannot ee necessary to cite authorities
to shew, that courts Of justice must er off
cio, Judicially know and act upon. certain
notorious and important events events
which. in fact. form the hstors Of the ma
ton: i will however merely quote the case
OF SaUfe u. Saviie &c in which il was
ne'd that a court OF equity ought totake judi
e'af notice. Of the general deiusion the
nation. (EngIand) was uttder. in the time
OF the South Sea bubble, when it was thought
there was vastly more money in the Coun-
try than there was, which induced men to
put imaginary values upon e. ates and upon
This ground only, the court relieved pur
chaser from an ;imprcyident bargain, on
FORGETTING the de posit-I will here stop TO re-.
mark, that if the Supreme Court of the u
States had not lostsight of this indubitable
ground OF decision, they would not Tor mo
ment have held out an idea i'm the case OF
Ftefcher U. Peek, that the Act of January r
1873, could Convey title to the lands gran
ted: the unparalleled corruption by which
that act was procured, is as we'll known to
all the people in America, the judges not
excepted, as was the delusion aforesaid in
England. and ought to be- acted upon as
case IN which Particular evidence was en-
tirely matter IF supererogauon.
Another principle of greas Importance in
this cas,' is. that the ieE loci land with it,
all the attending facts and circumstances
which tpphes even to Personal contracts
{J), emphadcally applies, on account of the
locality OF the subject,to contracts respect
ing land. On this.ground it is that VIII
made ~ another Country, respecting land ly
ing in England, must. in order to pass such
land, have the number Of witnesses repaired
by,he laws OF England (g Jon this prin~
cple then, the citizens of Massachuset S
respect OF ignorance of the fraud than the
people residing in Georgia they shall.
3ncad noe, be considered as residing within
the state of Georgia
But Fneed net sickle for the last menti :
oned principle IN the case before u.s. The es
sential facts IN this case, were as well known
in the state of Massachusetts, as in that of
Georgia. They were proclaimed to all A me-
rica, by their President. on the I'm Fe6.
17e5-It was decided by the Superior
Court of the u States, in the case of Tabor
U. Seaman, o. that the marine ordinan-
ces OF foreign country, promulgated by The
erecufiUe, may be read in our courts. with.
ont further proof or differentiation. On this
principle, the facts mentioned in the said
message, ought to have been acted. upon by
the courts. and noticed by the people. On
the 18th Feb. 1895, before any purchases
could POSSIBLY have been made in Boston,
and long before any, in fact, we're made,
President Washington stated in a message
to Cong ess, which then held its sessions in
PHiiadeLthia. that he had received this (and
another) act " for appropriating and selling
" the Indian lands within the state of Geor-
Z" gia; that these acts although not official
iy certified, had been transmitted in such
" a manner. as to leave no doubt of their
" authenticity" the message adds that
" these acts embrace an object of so much
" magnitude. and in their consequences so
" drehiy affect The peace and interest of the
" Oa1ted StaEes, that he had dee med it ne
=" cessary to lay them before Congress" / J.
Ibis message. to say the least, shews the
probability off flaw, in e" document neces-
sary 10 the deduction of the 'title": it was
undoubtedly sufficient at least to put purcha
sers upon an enquiry" and consequently
amounted to good no,ice in Equity under
the authorities citsd in my last Number In
vain. therefore, did the advocates of the
YAzoo claims in the house Of representa-
sves OF the u. States, affect to say, that
this message made no Shectfc mention of the
fraud, by Which that act was brought into
existence. Ihd< isnot necessary, under the
foregoing principle OF decision But the
case does not stop here. This subject being
referred to special committee of the house
Of representatives. that Committee reported
on the 26 FEB. 1896, THAT the president
be authorised to obtain cession from the
3" state of Georgia, Of their claim to the
2" whole or any part of the land within the
PRESENT Indian boundary" Che land now
IN controtefsy).; and bin passed that
house pur8rant thereto, on the ID Of March
1795 OK J. This bill, it's true, was not car
ried into a law a. that session, for want of
time, though such ar act was subsequently
passed but this solemn report Of Commit
tee. and passage Of a bill by the house of re
representatives. Of America, made almost be-
fore 1t was possible that any sales oflhe land
IN question could have been made IN Boston,
was sufficient notice to purchasers. and to