Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-03-01

Sees DeliNere0 AT AERoNblAAeS DecemDer
Term, 1858.
Goodman BledsOe Tennessee Mining Company,
The complainGnts are the Common School Cons
missioners of the 8th civil district of Polk County
aud that character file this bill the - Feb,
1856, TO inpeach and set aside s.lease for ninety
nine years, made by their predecessors, ,f the
Common School section OF land in that disricf, SIS
we'll as sale made by ihe same under the order Of
the Cucui Court of that uuty, by virtue Of both
of VIII CD The def ndan's c!a m title.
The land is poor aad broken anl almost worth
less flr eurposes OF eulisa ion, but has become of
immense value on account Of The discovery Of Cop
per Ore upon it, These mines have been developed,
aud are nov work, d with great profit BY the de-
fendlDts The properly Is n9~ supposed 10 be
worth St veral hundre thousand djar--perhaPs
half mi llion-The mines Of Copper Ore upO1 it
are exceedingly rich, ard slmost inexhsu tible In
immediate proximity if not upon this land, disclv-
cries had be- made, before the lease or sale: the
surface indications we're such, az to legve but tt
tle if any doubt that il prize worth contend
ing for Consequently schemes were i0geniOusiy
set Oh foot and carried out to obtain title to it. IL
could hardly be expected under such ciregus'ances,
that the walchfuIness ard care of interested Com
missioners would be much protection to q treasure
90 attracting, against the avidiiy of sPeeulatOrs.
The deep of the infants of the present and
all future geDerau2ps, iu these mines tf Weslh,
was No, sufficient TO excite their trustees TO that de
to resist the schemes and Vaccinations of those who
we're 10 eager pursuit of the glitterng prize. But
the ques ion nOWis, whether The compiainants, who
have succeeded to the trust, can reclaim the lost
treasure This must depend upon the Law Of the
case operating upon the facts which have ranspired.
The Territory which compose5 the State Of Tennes-
see was eeded TO the general government by the
State Of North Carolina upon certain conditions,
specified in the deed of cessioR, and accepted BY
Congress in l7S9 One of these was that certain
portion of the lands should be set apart for educa
tiOual purposes Congress, by an act Of 1906, ch
81, ceded Tennessee all the UnapproPristed land
north and east Of certsR line then established,
and afterwards called the Congressional reserva-
tien line" because all the lands on the south and
west were reserved from entry, aud exempt from
any claim by Tennessee. Tn lands eeded embraced
all East Tennessee and portion Of Lhe Middle Di-
visi n Of the State But this cessiOn was upon t he
EXPRESS condition that 100 900 acres should be set
apart for colleges aud the quantity for scsde-
mes and also $40 acres in every six miles square,
or section IN each township 'or the use Of schools
for tue instruction Of children forever The le-
gal title passed TO the State with the postive re-
stfietIon that section should be laid eff and held
for schools. The rig vested in the State as cor
porarion coupled wiih trust. 10 Lowry vs. Fran-
els, , Yerg 534-4l, it was held that these lands
could not be sold and that the various acts author
jzipg that 10 be done were unconstitutional, being
in violation Of the compact with the general gov
ernment OF 1906, by which they we're to be held BY
the State for the "Instrueton VI children forever.
This case settled thsrt the State only trustee
in relation 90 these lands bound by the restrictions
of the act of Congress, and the children Of the
suective townships we're the benefeiaries. la Per-
! kIps & Cbilcult vs. heed, Swan 81, it was he ID,
that both the State and the Commissioners are mere
/ trustees for the Common Schools, OF the township.
| Congress- however, by tae act of lS43, ch, S56,
auth rzed the State to convert the School land into
fund for the support of ShOols, by sale provided
( The consent Of the inhsbiiants should be first OBJ
tanned By the End see. Of this act, if the leglsls
ture should deem it inexpedient to sell, provision
might be made for Leasing for any term mot exceed
+ ing four years. Our iegsla ure By act 1874, ch
I IO4 amended by that Of 1915, ch III made pro
visions for he sale Of the c, mmOn School lands in
I pursuunce of the Tower gwen by the act OF Con
rress CT 1913 above citeL A vote Of the people il
10 be taken, upon the question of selling, and if
majority fail TO vote, iHmIssioner may be sp'
pointed by the County Couft to ftan the viii o
The people, by personal application 10 each voter fol
bis signature TO paper, properly headed, Tor th'
purpose and ifit appears by either mode that q ma
/ inrity Of be qualified voters of the Township arr
IN favor cf the SALE thatfaet is 20 be certified q
the Circuit Court, aud it is made the duty of th'
Judge to order a sale on the terms prescribe Be
fore the sale is made the land is 10 be valued aud
20 for less BY proceeding under these scIs tn
land iu question: was sold the 25th Of July, 1850
Ivy the clerk, TO E1clid WaIerhouse and hers, TO
SI77O, that beirg The highest and beat bid. Il va
certified TO The Circuit Court of Polk county at it'
February tenn 1850, that it was aseertainei By tb
report OF a commissioner apppo ntea for that pur
pose that nls joTiiy Of the voters were in favor
the sale AID the ,rier to sell was then made. Tn
sale not being made FOR some fessOns the order wa
renewed at the June term, and exeeufed 90 the 25'
of July as stated On the, 9th Of Februsry,s 1850
before the order of by the c. uet and afler IN
vote Of The people, the legislature enacted. eh. lSl
IL. ff,o anho na.r rwrfse frc1n
Polk county," should have power to lease, for min
ing purposes any unsold school lands on such term
as in their Judgment would be most conducive to tn
| interests of tEeir common schools. In May, afe
the decree for the sale in the preceding February
the commissioners made lease Of this land to Calc