The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-05-19

But, Oh! 1t sounds like sob OF pain,
| AS II floats in the sunshine and the rain,
Ger hearts OF the world's great throng.
There's beautiful regions above the skies,
And long to reach It's shore,
For know shall find my treasure there,
The lau2 ching eyes land amber hair
Ofthe loved one gone before. ~
The Celebrated Jackson County Land
Suit.
LOT. NJ. MORRILL, Us. ARMSTRONG AND
OTHERS.
To the Editor of the Intelligencer.
As the press seems 10 be laborinR
under egregious errors in relation to
this case, recently tried before the U. 8.
Court at Charleston, l beg leave to
briefly state through your paper the
material facts and present condition OF
this and Morrill's other suits. In 1854,
he, with other Maine spectators, as
sumed TO purchase for nominal con-
sideration of what is known as the
North American Land Company, whose
head quarters is Philadelphia, about
IS. 600 acres of land, lying mostly in
jackson county in this State. In 1857,
Morrill, in whose name the deed was
taken, brought about twenty ejectment
suits in the Federal Court, in which
Judge Brockenbrough then presided,
and one of these Is the suit against
Armstrong and others recently tried at
Charleston, In which was claimed 500
acres only.
At the time Morrill, commenced these
suits the case OF McFarlan and others
against Miller and Lasher, involving
title 10 about 300, 900 acres of land lying
in Cabell and adjoining. counties, was
pending In the same Court; and in the
Spring of 1859 was tried at Charleston
before Judge Brockenbrough, the trial
lasting thirty-one days, and resulted in
D 10 IEFIA nE1A
turned wholly on the construction the
Judge gave to certain reserva-
ton contained in patent TO General
Samuel Smith, late OF Baltimore, dated
In 1896, under which the plaintiffs
claimed. The defence in that case was
conducted by those among the Ablest
lawyers in Virginia, of whom the late
Hon. Geo. w. Summers was one: and
on the partiof the plaintiffs by Colonel
Benjamin 81. Smith and the late Judge
Fry. The point was most deliberately
discussed, and very maturely con-
sidered by Judge Brockenbrough,
who gave q construction in favor
ncquiesced in by the defendants and
their counsel, and approved by the
most eminent legal minds OF the State,
including the most eminent Judges OF
the then Virginia Court of Appeals. The
agent of Morrill,, Col. Bennett from
of that trial, and became so well salts
fed with the correctness of the Judges
ruling upon the point on which Nor
rill's cases depended, he Immediately
thereafter returned to Maine, stating
the decision was decisive against Nor
rill's cases, and has had nothing to do
with the cases since, Mt least in West
Virginia. The same North American
Land Company managed in 1852 to get
$l2 500 from McFarlan and others for
it's release to some 90, 900 acres, on which
it had patents dated prior to Samuel
Smiths aforesaid) that were forfeited in
1885, like those in Jackson county, and
were claimed to have been redeemed at
the same time, viz: in 1915. Judge B.
ruled the plaintiffs in that case took
nothing by the release, inasmuch as all
the company's title had Injured to, and
merged in the Smiths, upon Its forfeit
ure long before, as was the case with
boundary. AS the inclusive patent to
Samuel NJ. Hopkins, in 1896, held the
came relation to Morrill's lands in
Jackson county, as the Smiths did
to those in Cabell, Morrill, and his as
sociates avoided trials while Judge b.
continued on the bench, but resorted to
various means to get rid of the cases by
some sort OF compromise. But the de-
PENDANTS having purchased and paid
for the land once, resolved to pay no
more until it was settled who had the
title-and so the cases hung until the
war commenced, when Judge Is. ceased
to be Judge; and in 1862 or early in
1868 the present incumbent while Nor
rill was a member of the u. s. Senate
and doubtless aided him to get the Rp-
pointment-succeeded to his place, at a
time when this court was a thing
of form merely to keep up a.
show OF Federal authority, while
.ls - -, n
tary occupation OF the rebels, and his
labors merely nominal; but the emolu-
ment remained undiminished which,
with the title, made the office desira-
BILE to him.
The conduct of this incumbent in
relation to these Morrill, cases since,
has been so extraordinary as to have
attracted the attention and often excited
the establishment and apprehension OF
all who have witnessed 1t. / shall not
stop here to particularize-some other
time and place will better suit full
disclosure.
The ], 500 acres claimed by Morrill, in
the case tried was granted to Albert
Gallatin by the State of Virginia. by
patent dated February 10, 17S6. July
lst, 1896, ten years after, the State
granted an inclusive patent similar In
all respects to that of Samuel Smith,
before mentioned, with reservation In
like terms of language. This patent in
cludes within its exterior boundaries,
the 500 acres so patented to Gallatin,
with nearly all the balance of the SIS, 600
acres claimed by Morrill, in his other
suits, and oil which was patented as
early as 17S6 and 1857. When Virginia
declared her independece in 1776 she
assumed the rights the King held be-
fore, to all vacant and unappropriated
lands within her boundaries, in which
was included nearly all lying west Of
the AlleGhanies, though there had been
acquired thereto many settlement or
pre- emption rights, military rights by
virtue of proclamations previously
made by the King and Royal Cover |
nors, rights by virtue of previous pay
ments to the Kings receiver general,
&C., none of which had been patented
or carried into grant. In 1873, at the
same time she established her land
office, the legislature appointed boards
OF commissioners to settle and deter
mine these rights of Chalmers to un-
patented lands" Gas they were termed
in the Legislative Acts) under
the former and present Government"
aud report, SO patents might be granted |
to such as were found to be just and |
valid. These boards progressed very
slowly with the work. When the war |
closed In 'S3, there was great rush for |
these lands lying between the Allegha-
MES and Ohio River. All west OF that
river the Indians then held. Warrants |
were purchased of her Treasurer at 2
coDta nor acre and located by entry or |