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Hunt of Wed Florida, from the Spnoifh
povernment, from occypancy and fettiement,
fcr from the (late of Georgia.
I The Britilh governors of Weft Florida,
pftcr the boundaries of that province had been
■extended as far north as the parallel of latitude
Wiich croftes the MifTittippi, at the mourh of
He river Yazoo, granted lands foath of that
larallel, unril the year 1781, when the pro*
■since was conquered by Spain,
f A great portion of the lands granted in that
[manner has since been regranted by the
[Spanilh government: several tra&s have con
tinued in the occupancy of the original
grantees, or of their representatives ; and
several remain unoccupied, or are inhabited
by persons who have no other chi.ll but thar
of polTeflioft.
The grants of the Spanifti government
appear to have been confined to persons
aftually residing on the lands ; but they were
made indiscriminately on every unoccupied
trad, whether the fame had been previouflv
granted by the British government or not:
nor did they dilcontinue making concefllons,
even after Spain had, by the treaty of Oftobcr,
>795, recognized the right of the United
Stares to the whole territory north of the 31st
degree of north latitude.
Until the evacuation, which was delayed
for near two years, had taken place, grants
were iflued, sometimes bearing their*real date,
and foretimes as is aliedged, antedated.
On the7th February, 175 3, the State of
Georgia palled an aft lor the purpose of lay
ing out that trad of country, extending along
the MilFillipi from the 31st degree of north
latitude to the mouth of the river Yazoo, to
which the Indian title had been extinguished,
into a county by the name of Bourbon, and
declared that whenever a land office ftiould
be opened, there ftiould be a right of pre
ference reserved to the polFftlors of lands
within that dillrift, provided they aftually
lived on and cultivated said lands. That ad
was on the ift day of February,
1788.
By the articles of agreement and ceftion
between the United States and Georgia, it is
provided, that the persons who-on the 27th
of Odober, 1795, (being the date, of the
treaty with Spain) were aftual feeders within
that territory, fhal! be confirmed in ail the
grants legally and fully executed, prior to
that day, by the former British government
of Weft-Florida, or by the government of
Spain, and in all the Claims which may be
derived from any adual survey or fettiement
made under the ad of Georgia commonly
called the Bourbon ad.
The persons in whose favor that claufc was
inferred, were at the request of the com
missioners, invited by the governor of the
Miftiffippi Territory, to exhibit their claims.
This has been partially done in that part of
the territory which lies contiguous to the
Miflillippi: claims, amounting to about
240,000 acres, and said to be derived from
Britilh and Spanilh patents, have been cranf
mitted. A lew applications have also been
filed for lands chirred under the Bourbon
adt; mcft of which, however, are for tradts
after the adt had been repealed.—
Including even thtfe, ‘the governor is of
opinion, that there cannot be in the whole,
more than 350,000 acres, on the MiflilTippi,
covered by claims, confirmed by the articles
of agreement. From that pan: of the terri
tory which lies on the Mobile, no returns,
have been received,
The claims derived from the British and
Spanilh governments, or from occupancy,
and not recognized by the agreement with
Georgia, are
jft. Britilh grants held by persons who
were not refidenc in the territory, on the 27th
O&ober, 1795, and have not improved their
lands. The Weft Florida patents were,
with but few exceptions, accompanied with
a clause of forfeiture uniffs the land should
be improved within ten years j and the Span
ish government leems to have considered ail
the unimproved lands as forfeited. It is how
ever, alledged on the part of the grantees,
that although a condition of fetdemenc was
commonly annexed to the grants in the
jfrrulh provinces, under the royal govern
li.ents, with a penalty of forfeiture in case of
default—•'This has never been enforced, cither
by the Britilh government, or after the re
volution by the ftatfs; and that the Indians
at firft, and the Spanilh conquest afterwards,;
rendered in a fulfilment of the con
dition impossible.
Where the land has been regranted by
Spain, the parties mutt be left to a judical
decision } but where it remains unclaimed by
any other person, that the commiffiieners are’
ot opinion, that it would be improper for the
United States to grant it again, until .he
amount and nature of the grants lhall have
been fully ascertained.
id. Bntiih and Spanilh incomplete grants.
As lands were granted under both, go
vernments upon the petition of the party and
as the firft evidence of title was a warrant or
ftjrvey, tiue&ci to the surveyor ot
*
thediftrid, it has happened in many instances,
that the Sparv.ffi coojpielt in 178 sand the
trea’ * witn Spain in 1 795, found persons who
had only a survey, executed, or perhaps an
order of survey, and who could not on account
of the change of government, complete their
titles.
This circumft mce is dated both -in the
petition of the feeders on Mobile, which has
been referred by the house of representatives
to the co nmilsioner®, and in the letter of the
governor of the Miflillippi rerirory, hereunro
annexed, ( A) as more particularly involving
claimants under Spanish titles; it having been
customary, until the American feeders of
Natchez requeued patents, to confider a
Spanilh order of lurvev, when executed and
returned, as a fufficient
other hand, few letders are obliged co claim
under incomplete Britilh tides, as they gene
rally applied, in lieu of them, for
grants, and now jlaim under theft*.
3d. Settlements without any evidence of
title.
It is dated by the governor of the territory,
that 130 heads of families had, prior to Oc
tober, 1795, formed feulements wicnout any
other tide but what might be derived
from the Bourbon ad; and'that 700 more
have fettled in. the country, since mat time,
who, either have no tide whatever, or rest
their claims on Spanish orders of survey, and
grants ifilled after the date of the treaty. It
is apprehended, that very few of the claim
ants of the firft defeription, will be found to
come ilriftly within the terms of the Bourbon
act. Some ftrels is laid by thbfe of the lad
defeription, who migrated to that country
before the Spanish poll had been evacuated,
on their ignorance at firil of the treaty, and
on the subsequent acquiescence of the Amer
ican government, in the continued po fie Hi on
by the Spanilh government; -
To thote three several claffls of claims,
may fee added, that of persons, principally
Irom Connecticut, styling themselves a com
pany of military adventurers, who, under a
mistaken expectation of obtaining a large
grant from the British crown, sent agents, in
, 77J> to Weft Florida, tor the purpose of
exploring the country* The governor of
chat province promised to grant lands to such
as fhouid become lettlers, on as advantage
ous terms as he was authorifed to do, ami to
reserve till next spring, for that, purpose,
nineteen townships which had been fdefted
and surveyed by the agents. A number .of
emigrants from Connefticur, accordingly re
moved to the MilFilFippi, in 1774; the war
prevented the progress of the fetclements ;
and 140 of the feeders left the country, in
178 c, when the Spanish conquest took place,
and traversing the Choftaw and Creek coun
try, reached the inhabited parts of Georgia.
The claim which is now let up, in the name,
of the company, for the nineteen townships, ’
has no foundation : such of the feeders as had
obtained grants, or have continued on the
lands, will be embraced by the provisions,
made for other claimants of a similar defer ip
tion : it will remain for Congress to decide,
whether any special premfton fhouid be made
for those who abandoned the lauds in the
manner above dated.
It would require more correct information
than has been obtained by the com mi (holler's,
to enable them to offer a plan, perfectly fatis
failory to themfeives, on the fubjecl of thole
various and ciaffcing claims. The following
outlines, are with diffidence fubimtced to the
consideration of Congress.
1 ft. That perlons, who were resident in the
territory, on the 27 th day of October, 1795,
be confirmed in their claims, to chofc tracts ot <
lands, then a&uaily cuirivaxd and inhabited,
for which had received orders of survey,
dated before chat day, either from che Britilh
or Spaniffi governments, in the fame manner;
as if their cities had been completed * provid
ed that no such incomplete title lhall be rati
fied, unless the per for, in whose favor such
order had ifiucd, .was of foil age, at die time
of its date.
2d. That every head of family, (including
tingle perlons of 21 years of age, and above,
who did cot rtfiJc with their parents J who
were icfiucnt in the territory, on the
day of- 17 97, when the spaniffi garri
sons were evacuated ; who claims no land in
the territory, under British or £paniih grants,
and who did, on that day, occupy and culti
vate a tract of land, not otherwise ‘’claimed,
(hall be confirmed in the poiTcffion. of such tradt
not exceeding 640 acres.
3d. That every head of family, who resided
in the tenitory on the day of
ISO 2, when the articles of agreement
with Georgia were ratified by that Itate, and
who did not on that day occupy and cultivate
a tradl of land not otherwise claimed, ihali
have a right of pre-emption to fuch’tract* not
exceeding 640 acres.
4th. That commissioners be appo need
with a fixed salary, and without fees ; who
(hall immediately proceed to the fettleme,n>s
on the Mississippi, and on the Mobile, with
power to receive, examine and decide
claims embraced by the articles of agreemen f
withGeorgia, and by the preceding provisions,
and to lffue certificates stating, as the case
may be, that rhe party is entitled to the land
or to a right or pre-emption to the fame ;
but no patents shall iilue until after the lands
ihai! have been furveyed,and the interferences
irising from claihir.g claims, afeertlined;
nor shall any other evidence of title, but the
commissioners’ certificate, ilFue in cales
where the land is claimed by either a British
or Spanifn title, Fully and completely ex
ecuted.
5 b. That all claims derived from the
agreement* with Georgia, from British or
Spanilh grants or from occupancy, which lhab
not be tiled with the commissioners within a
tweivemonchj dull forever be birred.
6th. i hat the com niifioners Ih dl make a
in i report to eongrc!>, of cue Brit:ih grants
civjvl Witu them, on which no improvement
uj 1 been made by or for the grantees, and
which are not darned under subsequent
Spiiufti grants,
1 O
71b. 1 hat lo much of the five millions of
acrea, relerved (or that purpose by the agree
ncnc With Georgia, as may be necdlary ro
ficisfy .t ie cl urns not confirmed by that
agreement, and wlv.en are embraced by the
pr-ceding provisions, . jnd all thole which
may oe derived from Britan grants, be ap
propriated for that piKpofe.
Fhc iaii culs of claims, con fills, of thole
wnich are derived or pretended to be derived
from Georgia. On the 2i ll December, 1789,
the Jegiflature of that Hate pa (fed an aft, en
titled, <k An act for d.lpoung of certain va
cant lands or terne -ry w-uhia that ! ltt“ by
which it is cnafted. ih l* two rrafts of land
comprehending, together, the wn >le traft of
country lying -b-rwr en <.be MilTiuippi and
I ombigbeey-arirf extending from the parades
whicn crotses the tYiciftfippi at the mouth 01
Coie a Greek (about 3 0 45 1 ) to the nothern
boundary of the ftacc, together vvitii a third
iraft lying on it:; J ennelfee-river,fhall for two
Tears from un i after the patting of mat aft, be
relpeftiveiy teerved as a pre-emption foi
tlirce companies, called the South Carolina
Yazoo, r.-.e V rrg.nia Yazoo, and the TennefFee
company and that the governor shall illuc
grants tor the laid ‘rafts, to the laid companies
if they (hail, within the term of two years,
pay it, co uie public treasury of the trace, the
following funs : that is to fay, the South-
Cafoiiita Yazoo company, tne amohot of
dol!*rs—the Virginia Yazoo compa
ny, the amount of 93,741 dollars. <*nj the
I ennetFce company ; the amount of 46,87 c
dollars.
An i neon fide ruble sum was paid in the pa
per medium of the two itires oy the fi.ft men
tioned companies, an i they did within the two
years, tenderin pay ment t j the treaiurer ofthr
date, the whole amount ot tfie purehafe money/
, inevidences.of che pub bed: be of the (dace. Tin
I payment was refuted on the part of Georgia.
T he money which had ixen Uepofited by the
Virginia Y .zoo company was withdrawn ;
but the South Carolina company lnftituced,
oeiore the luprerne court of the Uniied Scares,
a tear, against the itucs, which was determinated
by the amendment to the cunlhtution, relative
to the fuability of Hates.
Both companies now claim at lead an in
demnification on accuuuc of the expenses and
damages incurred by realon of what they con -.
sider a violation of contract on the part of,
Georgia. There is nothing on the face of the
act, wmch juHides the con it ruction com endec
for by the claimants i a..d it is by collateral
evidence only that they attempt 10 prove that
it was che intention ot the teg filature, when
the law was paffej, that the payments ihoulu
oe nude in cviden.es ol the public cebi ot
the (rate. In iuppurt ot that cjnftru&ion, they
| bring their own pe.it 00s to uic
pijing for Cue land, winch peouons are refer
red tom the preamble of the act, and cue pro
itrfl ol the ujificmy in the legfiteture, who
voted againll tiie law, principally, as they al
iGCCf'iUi’C LfiC pd jf TivTilb WCIC LO QU Hi aide
m depreciated cerutic;ues.
Upon a .till View ot the fubjecl, the com
.niiiionefs ;o nutpeiccivethatthoiecompanies
nave any equitable claim either for the land,
or forcompcnfjiion from the Un.ted States.
On [he 7th day of February, 1795, the
Hate of Georgia palled an act, hereunto annex
ed, (Kj authorizing the lute of four tracts oi
land tnervin del err bed, and comprehending
the greater part ci the country lying we It or the
dver Aiabam , to four companies,. called the
Georgia , tnc Georgia M.ijjiJJippi, the Upper
Mijjtjjippi, and the Tcunejee companies, ror
whicn they were to pay five hundred t.iouiandj
dollars.
To the Georgia Miffidippi co npany was
assigned all that tract lying between tnc
MiUiuippi and TGmbtgbee ruvus, and bound
ed by the pur A.els or latitude, 31® 18* and
32° 40°; mr which tficy were to pay 153,000
uoliars. (To be „o Jinked. j *
04 iteVw YOU No AiiiN vA ability, a r*
willing i unccTiake ajo oi O .rpemtt’s 01 k. m t!it
town or country, which tii* y will engage to e^enutt
ill 1 tsaancr. .£ ."-yu** vo the P.
Marflial’s Sd:s. i
Will, he lot J on llion V
tlieoth Jvne rext, 7*l tc C(Ucd*
house in the city Os Savai.n4i).
between the houri of ten ar>d
r^:ee o’tisuk, under mid by rir*
tue of decrees in the adm xzit/
of Cyeorgia, hy the heno.. 1
U .h.am vSt-phens, diilrift judge, all chat cerfaia
’ > <>r called ch e franklin, now in the rv-rt
o * avpnnah, With her tackle, furniture and apparel*
of vvkka may oe kea at the MarCuPa
Also,
AJ.L that other Sloop, Celled tilC
Jnna, with her tackle, apparel and fur*
nlture, as Ihe now lit* at liu?,u.r and
Minis a wharf.
Ben* Wail, M. D* G.
Savannah, Jjrh-May, 1 ‘-OS- ’ ‘ 68. 4c.
Mflrjbal's 6aie.
W ill be (Md on Saturday the 4:11 fune next, ar th<9
Courr H-uify in Savannah, between 10 & 4 o clock.
Slk NKGKOES taken as the property of H‘
/r ar the fuir of A Ulfpur<-'cr.
;V?av B WALL, M*r(hal D. G.
United States, —Oiltnci oi Gcorcii.
In the Lhftiift Court of Georgia, having hold-,’
/'*S admiral:\ junf.netioo.
The President of the Uni led States, toj.be War*
StJdl aj tSaui d’jiridi t Grttv j
(L. s.) k. iVi. 011 tVS■ k.
WHEREAS a hcid n h vhir, J <; y h|.j i a
theliid cm.n bvDav.d . Aluctell.-Kyu ..re, ~il
.or the Lnitea States .jo ar.J tor me Carnot of Gcor-*
41a, in behaj of t ,e Un.iej Suies, agamtt a ceruiM
lchoorer or vclld, called tne PARAGON, of N<,ilau
m heftfland of Ncw-Ftovidcuce, (one of the Bitha!
ma islands) now riding at anchor in the river Savati.
nan, .voe,eof one John M’Caon new is, or lately
was, matte:, stating that the laid fehooner Paragon
arrived at the island of Waflaw, in rhe laid diftrift
or about the/ifteenth day ol May, in the prefen/ Jear
>f our Lord, one thou hand, eight hundred and three*
laving on board eighteen negro slaves, or people of
olor, ar and :ha/ the laid eighteen negro slaves,orpeople
of color, were on < r ahum the day and in the year
a fore la id, landed from the laid fehooner Paragon on
tr.e laid island of VVft/Ta w, or hme other po t or place
xv!thm the laid dufrift, in violation of an aft of the
Congress of ?he United Sc ates, enti led, “ /\n aft
prevent tne importation offtertain perfonsir.to ccr/airi
dares, where, by the Jaws thereof, their adnnliicn is
pi oh 1 OKed/’ paiied r e twenry i.ord day of February
in the .ear ul our Lord ongfhoufand ei flu hundred
a.id tnree, and tha /le.arr.vft of tlie lid fehooner
: aragon having on bjard the laid e/gmeea negn
slaves or people of olor, and the iai.dmg of the fame
is a violation’ of, and contrary lj the laws of the ita/e
of Georgia.
Now therefore, yett the fa,d Marilxall ore hereby
commanded to cite and admomOi ad and every peffoi
or persons having or pre.ending to have any righC
ruie, intered or claim wha ioever in, to, orout of the
laid fehooner Paragon, to be and appear a: a special
courr ft aDMiRaL rv to bes. cl den at the JourC
nouie m the city of Sav&n nah, cu the foven.h day of’
june ir A, at ten y c/ociv. in toe forenoon; tj uniwer
me pre.nlies, and to liiew cause if any they have, or
cn, why file prayer ul /ne iiod fbodd no t bg.
and what ihall appertain torfgiu and j jtbre bs dons
in the prermfes.
Witness the honorable WiJhatn Stephens, t-fqu'r&
judge of /he Uid court a diavanuan, /mt twenty fount 1
udy of May, in foe year of Loro o.e tnouland /
eignr hundred and three, a.,d cwen/y-loventu >ear 4 >£
.he Independence of tne U.,iied ota/cs of America*
D. B. Mitchell , Dtst. sht‘y.
26. 68
i he Subicriber,
INfORMS his friends in general , and tbt
citizens of Savannah, that be has opttu *d &
diOUSE OF EN lEK rAINMEN t* , ‘w
tbat pleajant filiation belonging to Mrs. John
Moore, on trybite BlujJ ixad. within ons ‘2 :d art
half mites of --a-v-annuh ; on ‘whom they ,'na y rs
h’> trjst tb. Jincjjt attention swill he evvset
tc give general fatisfaSkn. Wm, BINDER.
Jinuarv 19, I^o3, —cf.
‘IHE WASHING!ON COi J ££.
H O U S E,
AND KOI EL,
Fit A NKLIN -s qgr AR E
S A M URL SAU ti K R S, y
RESFECTFuLGY informs hs VncnFl
and the public, that-he has taken tUt
omrnudious br.ck house, in Fran^tn-square
oppofil to the Baptist Mfeting-houfF, cvh /
will be opened on Wednesday the firfi day
December next j as a Cos free-houfe
cd. Such gent it men as favor him with the* *
cuftom* can be accommodated veth 6ocf4
mg and lodging, in the rm,ft genteel manned
and the’ ftndeft attention pa id to vender tb ir
residence agreeable. Dinner and sup per -rrv
for pL. vate parties at a few hours fiotice a
Coffee and Soups every day fru r <n 8 o’clock
m the mormng till ten at night, Beef flakes
and Oysters ac any hour of t ne day.
• G TJf aVC t 0 t/lat no on
Ql3 part Inau be wuining to give fatisfadicn to
thole who may *v<y Idm with their custom,&
filters nimieh, tuat the principle on which
ms noufe :s c.fjbiifhed, as wiU insure
co him me F. Jrage S />f the pubhc in general
‘•Vices, ltruer and spirituous liquors of tht
ueft quahey.
. Good itablmg for horses, 2nd carefp
oft Eris.
Isa van Nov. 20.
t* j
” P HE adjoin a . tie Independent Mcr’M
A. riuufe Lfil, t ’ I homas GiM.ji.s’s ; UcZ
*v bbe u>ki very low j oi il sh. pp l. to f
.. HAKRISO.V.
Ma . s.-'-er-