The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-09-28
NrDe GnQulrer.
RICHMOND, SEPTEMBER %, 1s1o
FOR THE INQUIRER.
a.; ,.x
THE YAZOO DECISION.-No J..

Z
TIE YAZOO DECISICN.-No i,
ON the 9Th of January i795, the Lepisla
ture of the State Of Georgia passed al Act,
for selling to foar Companies Of Specula
tors. alasge tract of its INDICATED, terrific
ry,( Ca to which the Indian title had no.
been extinguished. The Act; describes the
landssoid, no, in the way usual IN sales to
individuals. but by degrees of latitude. the
lines of states, and the courses of BAYS and
rivers. This mode of description, it mus,
howeyer.be confessed, was adapted to the
magnitude OF the. tract of territory granted,
which IS largerthan many European king
doms, and although represented by the said
Companies. in their petition to the LegisIa
tnre, as containing only 1,soo, geo acres,
(tfereby also practising fraud upon the
tegisfature,) IN fact comprehends nearly
50 ,O00.O 900, and is estimated by the pre-
sent claimants to contain near 40 ,o0O, 600 of
acres.f )-lt was granted, for the ex-
treme,y inadequate and inconside"able pric G
of t4vo cents per acre, upon the estimate
of 81, 100000 acres. making only the sum
OF 8 100000 but the limits of the grant
yielding nearly 100000 600 OF acres, as afore-
said, it viii stand the grantees in listIe' Up
wards of ONE CENT per acre !-----.ft the
same time. that this garden spot Of Ame-
y.
premeiy blessed as to SOIL climate and con
tiguity co the ocean, was thus prof. gateiy
thrown away by the Legislature of the state
OF Georgia, the minimum price o. other
and interior lands belonging to the United
states, was tho Dollars per acre and this
very land is estimated at the same price. IN
an offer of compromise submitted to the
Commissioners of the United S. atcs. on be
hall OF the purchasers thereof, on the 10Th
OF January, 18oS.(c)
ms astonishing sacrifice of the valuable
domains OF the state of Georgia. for perhaps
the 2OOdth. part of its real value, found les
motive in the basest and most palpabIe
corruption fthe Majority of the Legisla
ture by whom the Act was passed. /
now appears by comparing Schedule exhi.
ol,ed on the part of the purchasers, as CON
tanning the names of those interts ted in the
purchase, as at the date thereof, With the
names OF those members who voted for the
passage of the Act, that all the members
last mentioned, (save one were secre
shareholders in the purchase "a The
erah'ors and-grantees were therefore the
same persons and in addition TO the shame
ful frauds which brought this act into ex
istence, the Contract Involved in it, is AT
least improbable, on the ground of the want
OF honest and necessary parties.
IL is null and void, to the original par
ties thereto at least, on this still broader
ground, that :" fraud or GOWN will in the
" Judgement of law, avoid cvery kind oil
"confract."(e) know of no principle Of
construction, which will withdraw Leri8ia
ttDe Contracts from this justtest of all Con
tracts; and as the Supreme Court of the
Ooited states, IN the case of Fletcher ..
Peck, ~ has tried this enormous case, by !
me rules and principles applying to indi |
nH Of./JgJ -. p
TO us the benefit OF that standard in RELATE |
on to the point in question. Considered as
a contract, we Cannot know the prerogatives
or Pre-emineDces OF those by whom it was
made: We cannot know this, without ad-
uniting the monstrous doctrine of the ON
Impotence OF parliament and we shall e. |
ven want precedent, in this particular. !
from the annals of that country, in which |
such omnipo,ence is admitted to exist
Inns Contract is further void, in that il |
transcribed the powers of those by whom
II was made 1t was not made by the Peo |
rfe oil the STATE OF Georgia. but by their |
rePresenta.v acting within the limits of
a written Constitution However il NAV
be as TO cessioDs Of the lands of the indivi.
dual States, to the General Government;
Tor the pursoses OF erecting new states or
territorial governments, Welding to the in |
habitaDts thereof the advantages of govern !
ment, the Constitution OF Georgia Of 1889
prescri5es, that the state, while it retains
its jurisdiction over the Soil granted hall
lay off ne7O counties, iOr the convenience
and benefit OF the people, who moreover
shall be entitled to representation in the
Legislature c. but in the case beforeus
these inestimabie rights OF the people have
Caj See that Act-- Enquirer, VOL i
In
~ Retort Of 1fessrs. I1adison. cal
tattn and Lincoln 10 Congress.-I6id, CT
No.
(c) IBID. 81 Ro.
Cd Keiiort Of Cont,issioners- akso ori
ginal docnmenfs- --Ib. 70, rs.
Ce) Burr. Cri&h y. Eynou.
on Enquirer, My 1910.
~ Ihc Co'isdintioa a. 10 Mis hofnt,
is qaoted in Mr.. r. III RaadqLahs efo-
1aenf SHecch. 1 Hoi, Enquirer. 80 no. |
l"d is not. coatradicted6 by any member II
hare NOT me Coastitafion Hssy 10 rcysy To-. /