The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-02-09
Congress-.
YAZOO CLAIMS
HOUSE OF EPRESENTATIyES

Mr.. Morroqv from the conmit,ee of pub
lick lands made the following
REPORT.
1.-The committee on public lands to wbom
was referred bill from the Senate ent,r.
led =" An act to carry into effect The report
made to Congress in Feb 1903, by James
Madison then Sec'y of State, Albert Gala
tin Sec'y OF the Treasury. and Levi Lincoln
Attorney General OF the u s. commission
ers appointed in pursuance of the act. en-.
titled " An Act tor an amicable settlement
| OF limits with the state of Georgia and au-
| thorising the establishment of a government
in the Mississippi Territory, in obedience
to the last mentioned act.'
REPORT:
That after a careful Investigation of the
subject, and examination of the provis;ons
OF the bill referred to them. the Committee
deem 1t their duty to present a particular
view of the subject, only so far as the Uni.
ted States are at present concerned in its
decision. Had the committee possessed the
weane-of correct inform alton, they had mo-,
| the leisure, nor did they believe that anv
practical good would result from anv pene.
raj exposition they could present of ill.,. cir.
cumstances attending the case from irs or;.
gin. They have therefore viewed the sub
ject in the aspect and on the ground upon
which it has been placed by the former acts
ofthe government, in relation to it. The
committee therefore give no opinion on any
of the questions that have been agitated.
respecting the competency of the Legisla
ture OF Georgia to dispose of the unappro-
priated territory in that state, or the validi-
~ OF the act or pretended act of the 9TH OF
Ian l795, purporting to ALLEVIATE the right
of soil to great extent of such territorv
nor respecting the effect of the resembling
act, passed by subsequent Legislature
The necessity of esjsldtive decision on
these questions, appears to be superseded
by prior conventional and Legislative acts of
the government.
The agreement and articles of cession be-
tween the state of Georgia and the u. S.
confirmed by legislative act of the one, &
assented to by the Legislature of the other
the subsequent act of Congress appropri-
atiDg and providing for the disposal of the
lands acquired by the cession end the Sc
veral after acts providing for the sale
Of lands in the Mississippi Territory, all
proceed on the ground that the act or pre-
tended act VI the state of Georgia, of the
7lh Jan. 1875, was not valid to give
title. Although every act OF the govern
ment in relation to the subject, is predcated
on the invalidity of the said act or preten
ded act, yet it would appear that the arti-
cles of cession from Georgia, the report of
the commissioners TO Congress, and the
subsequent act of Congress appropriating
the lands received by that cession, would ali
seem to recognize in the present claimant,
an equitable claim to some compensation.
The articles of agreement and cession.
after having made specific provision for Sc.
veral species Of claim. provided fund of
FIVE millions acres of land, to be placed at
the disposal of Congress for the purpose
OF satisfying, queting or compromising for
any claims other than those before recoe
nized which may be made to the said lands.
or to any part thereof" The existence of
the claims in question was made known
TO the commissioners, who concluded the
agreement, and as no excluding provis sion
was introduced with respect to them, the
inference ispretty obvious, that those claims
came within the contemplation Of the com.
missioners, and were designed to be Droyi.
deh for.
The com missioners Of the United States
who concluded the aforesaid agree ment with
those Of Georgia, in their report TO Congress.
recommend those claims to the considera
ton of the Legislature, and state in relation
20 them, that various equitable considera-
ii ms. which may be urged in faS or os most
OF the present claimants, rcndc.' il cxpedi-
eDt to enter into compromise on reasona r.
bic terms"
The act of Congress" regulating the
grants for land, and prov iding for the dis
posal of the lands of the United States south
of the state of Tennessee. approved on the
Sd of March, 1903, which appears TO have
been passed IN pursuance Of the articles Of
agreement, and of the aforesaid report, by
the 9Th section, provided that so much Of
| ihc aforesaid FIVE millions OF acres should BE