Newspaper Page Text
trails improved after the ail had beer,
repealed. Including even these, the
governor is of opinion, that there cannot
be in the whale, more than 350,000 ‘
acres, on the Mifljffippi, covered by
claims confirmed by the articles of a
greement. From tbit part of the terri
tory which lies on the Mobile, no re
turns-have Keen received
The claims derived from the British
and Spanish governments, or from occu
pancy, and not recogni zed by the agree
iftern With Georgia, are
ill. British giants held by persons
who were not 1 est dent in the territory,
on the 27th October, 1795, anc * have
not improved their lends. The Welt-
Florida patents were, with but few ex
ceptions, accompanied with a clause of
forfeiture uriiefs the land lhauld be im
proved v.j Kin ten years ; and the Span
ish government fecins to have considered
all the unimproved lands as forfeited.
It is, however, ailed ged cn the part of
the grantees, that although a condition
of fettlemcnt was commonly annexed to
•the giants in the British provinces, un
der the royal governments, with a-pe
nalty of forfeiture id cal'e of defraud.
This has never been enforced, either by
the British government, or after (he re
volution by the Hates and that the Indi
ans at bird, and the Spanish conqurit af
terwards, rendered in this case, a fufil
ment of the condition impossible.
Where the land has been regranted
by Spain the parties mull be left to a
judicial dccifion ; but where it remains
Unclaimed by airy other per lon, the
Commiflioners are of opinion, that it
would be improper for the United
States to grant it again, until the amount
and nature cf the grants (hall have been
fully alcertained.
2<J. British and Spanish incomplete
grants.
As lands were granted under both go
vernments upon the petition es the par
ty, and as the firfl evidence ts the title
was a warrantor order yffurvey, duelled
to the lu:victor of the diilri.fl, if has hap
pened in many inflances, that the Spanish
con quell in 1781, and the treaty with
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 circumstance is lhtted both in
the petition of the settlers on Mobile,
which has been referred by the houfc of,
representatives to the commiflioners, ami
in the letter of the governor of the Mif
fifippiterritory, hereunto annexed, (A.)
as more particularly involving claimants
under Spanish titles; it having been cuf
totnary, until the American fcttlers of
Natchez requeiled patents to confidcr a
Spanish order of survey, when executed
and returned, as a fufficient title ; vvhilfl
on the othcr.hand, few fcttlers are obliged
to claim under incomplete British titles,
as they generally applied, in lieu of
them, for Spanish grants, and now claim
Under these.
3d. Settlements without any evi
dence of title.
It is Rated by the governor of the ter
ritory, that 130 heads of families had,
prior to Odobcr, 1795, formed fettle
tnents without any oujer title, but what
might be derived from the‘Bourbon all ;
and that 700 more have fettled in the
country, since that time, who, cither
have no title* whatever, or rest their
claims on Spanish orders\>f survey, and
grants Blued after the date of the treaty.
Iris apprehended, that very few ot the
claimants of the firil difeription, will be
found to come ltrictly within the term:
of the Bourbon alt. Some llrefs is laid
by these of the lalt dcicription, who
migrated to that country before the
Spanish polls had been evacuated, cn
their igrtorance at firfl of the treaty, and
on the subsequent acquieftenec of ti>e
American government, in the continued
poflellion by the Spaniih government.
Tothofc three several dalles of claims,
may be added, that of persons, princi
pally from Conncliicuc, flyling them
selves a company of military adventurers,
who, under a mistaken expedition of ob
taining a large gnu from thcßritifh crown
sent agents, in 1773, to Well-Florida,
for the purpole of exploring the country.
The governor of that province promised
to grant lands to such as Ihould become
fetiiers, on at advantageous terms as he
was authoriled to do, and to reserve till
next ipring, for that purpose, nineteen
townships which had been ielelted and
furveved by the agents. A number of
emigrants from Connedlicat, according
ly removed to the Miffifippi, in 1774;
the war prevented the 1 progrels of the
lettlemcnts; and 140 of the fcttlers left
the country, in 178 ft, when the Span
ish conquest took place, and traversing
the Chultaw and Creek country, reach
ed the inhabited farts of Georgia.—
The claim which is now set up,- in the
name of the company, for the ointeen
townships, has no foundation :■ such of
the settlers as had obtained grants, or
have continued on the lands, will be
embraced by the provisions, made for
other claimants of a similar description ;
it will remain for -Congress to decide,
whether any fpechd prevision ihould be
made for those who abandoned the lands
in the manner above Hated,
It would require more correct infor
mation than has been obtained by their
commiflioners, to enable them to offer a
plan perfectly fatisfallory to themfolves,
on thefabjcll of those various and clash
ing claims. The following outlines,
are with diffidence submitted to the con
fideratton of Congress..
1 ft. That persons, who were resident
in the territory, on the 17th day of Oc
tober, 179 5, be cos limped in their
claims, to those trails of Und, then ac-
tually cultivated sr.d inhabited, for
which they hai received orders of sur
vey, dated before that day, either from
British or Spanish governments, in the
fame manner as if their titles had been
completed ; provided that no such in
complete title ihal! be ratified, unless the
per ion in whole favor such order had
iflued, was of foil age at the time of its
date.
zJ. That every head of family, (in
cluding Angle persons of ii years of age,
and above, who did not reside with their
parents; who were relident in the terri
tory on the day of ‘*797*
when the Spanish garrisons were evacu
ated ; why ciaims no land in the territo
ry, uniler British or Spanish grants, and
who did, on that day, occupy and cul
tivate a trail of land, not otherwise
claimed, fhail be confirmed in the poflef
fion of such trail, not exceeding 640 a
cres.
3d. Tha: every‘head of family, who
resided in the territory on the day
ok 1802, when the articles of
agreement with Georgia, were ratified
by that date, and who did on that day
occupy and cultivate a trail of land not
ocherwilis claimed, dull have a right of
pre-emption to such trait, not not ex
ceeding 640 acres.
4th. Thai comrniffioners be appointed
witn a fixed friary, and without fees - }
who fhail immediately proceed to the
fcttleinetiu on the Miflifippi, and on the
Mobile, with power to t-eccive, examine
and decide on all claims embraced by
the articles of agreement with Georgia,
and by the preceding provisions, and to
ilfoe certificates dating, as may be, that
the paity is entitled to the land or to a
right ot pre-emption to foe fame 5 but
no patents dull iftue until after the
lands fhail have been furveyed* and the
interference ..riling from claming claims,
afcertainal; nor fhail any other evidence
of title, but the comini flior.ci’a certifi
cate, issue in cases where the land is
claimed by cither a Britifli or Spanish
tide, fully and completely executed.
s'.h. That all claims derived from the
agicement with Georgia, from Britifli
or Spaniih grants, or from occupancy,
which fhail not be filed with the com
miflioners within a twelve-month, fhail
tor ever be barred.
6th. That the commiflioners fhail
make a full report to congress, of the
British grants filed with them, on which
no improvement had been made by or
for the grantees, and which are claimed
under subsequent Spanish grants.
7th. That so much of the five mil
lions of acres, reserved for that purpose
by the agreement with Georgia, as may
be necefftry to fatisfy the claims not
confirmed by that agreement, and which
arc embraced by the preceding provi
sions, and all those which may be de
rived from British grants, be appropri
ated for that purpose.
The lallclals ot claims, consists of those
which are derived or pretended to be
derived from Georgia. On the 2ill of
December, 1793, the legislature of that
lute palled an all, entitled “ An all for
disposing of certain vacant lands or ter
ritory within that state;” by which It is
ensiled, that two trails cf land compre
hending, together, the v.hdle trail of
country lying between the Mi&fippi
and Tombigbee, and extending from the
parallel which trofles the Miflifippi at
the mouth of Cole’s Creek (about 31
degrees and 4$ minutes) to the northern
boundary of the state, together with a
third tiall lying on the Temiefee river,
fhail tor two years front and after the
P“fiing of that all, be relpcltiveiy re
ferred a: a pre-emptiofl for three com
panies, culled the South-Carolina Ya
zoo, the Virginia Yazoo, and the Ten
uehe Company j and that the governor
dull blue grants for the said trails, to
die laid companies, if they fliall, with
in the term of two years, pay into the
public treasury of the Hate, the follow
ing funis: that is to fay, theSouth-Car
olina Yazdo Company, the amount of
66,964 dollars—‘the Virginia Yazoo
Company, the amount of 93,741 dol
lars, and the Tennefee Company, the
amount of 46,875 dollars.
An inconiiderable sum was paid in
the paper medium of the Hate, by the
two firlt mentioned companies,’ and they
did within the two years, tender in
payment to the treasurer of the Hate,
the whole amount of the purenafe mo
ney, in evidences of the public debt of
the state. The payment was refufed on
the part of Georgia.
The money which had been deposit
ed by the Virginia Yazoo Company,
was withdrawn ; but the South-Carolina
Company inlhtuted, before the fuprenie
court of the United States, a suit againfl
the state, which terminated by an a
mendment to th£ constitution, relative
to the foafcility of states.
Both companies now claim at leaf! an in
demnification on account of the expenses
and damages incurred by reason of what
they confidcr a violation of contrail on the
part ct Georgia. There i* nothing on
the face of the all, which juflifies the
, conitrultion contended for the claim
ants j and it is by collateral evidence
only that they attempt to prove that ft
was the intention of the legiflature*
when the lyw was palled, that the pay
ments ihould be made in evidences of
the public debt of the Rate. In sup
port of that conftrullion, they bring
their own petitions to the legislature,
applying for the land, which petitions
! are referred to the preamble of the all,
and the prated of the minority in the
legislature, who voted against the law,
principally, as they alledge, because the
payments were to be made in depreciat
ed certificates.
Upon a full view fcf the fubjc£l, the
commi(Loners do not perceive that those
companies have any equitable claim
either for the land, Or for compensation
from the United States.
O* the 7th day of February, 1795,
the llate of Georgia passed cn alt, here
unto annexed, (K.; authorizing the sale
of four trails of land therein deferibed,
and comprehending the greater part of,
the country lying weft of the river Ala
bama, to four companies, called the
■Georgia , the Georgia Missisipppi , the Up
per Missisippi, anti the Ten tie: see compa
nies, for which they were to pay five
hundred thousand dollars.
The Georgia Miflifippi company was
afligned all that trail lying between the
Miflifippi and Tombigbee river's, and
bounded by the parrallels of latitude, 31
degrees 18 minutes, and 32 degrees 40
minutes; for which they were to pay
155,000 dollars.
The trail designated for the Georgia’
company was bounded on the north by
the 34th degree cf latitude, on the ealt
by the Alabam*? river, cn the writ and
foulh by the Mobile or Tombigbee, from
the Spaniih line to the north call corner
of the lands alfigned to the Georgia Mif
lifippi company, by the nothern boun
dary of the said lands, and by the Mil
fifippi; for which they were to pay
250,000 dollars.
The Terieffee company were to pay
60,000 dollars, tor a trail lying between
the norther** boundary of the Hate, and
the parallel of latitude palling by the
iicad Ipring of Bear-creek, and bounded
on the ivelt‘by Tencffoe and Bear-creek,
and on the eall by a meridian crofting
the lait mentioned parallel, 120 miles
east from thefource of Bear .creek.
And the Upper Miflifippi company
were, in confiderationof 35.000 dollars,
to receive a trait cf 25 miks in breadth,
adjoining the northern boundary of the
Hate, and extending from the Miflifippi
to Tennefiee and Bear-creek, its boun
daries on the eall.
Two millions of teres were reserved
out of these several traits, for the ufo-cf
such citizens of Georgia, as chole to
fubferibe on the original terms of the
purchase : the monies paid by those citi
zens to the state, being considered as
part of the purchase money of the com
panies, in whole territory they lub
fcribe : the quantities, thus reserved out
ot each trail, being one million of acres
in the Georgia company ; 620,000 acres
in the Georgia Miflifippi company ;
242,000 ac es in the Tennefiee compa
ny ; and 138,000 acres in the Upper
Miflifippi company. The price paid by
the citizens who did fubferibe, was two
cents and one third, per acre, it being
the price then supposed to have been
paid by the companies; which, (500,000.
dollars, being the purchase money,)
would give about 21,500,000 acres, for
the ellimated quantity of land in the
four trails. I: was further declared by
the all, that the lands lying westward
ci the ca:lward boundary of the several
companies purchase, were ellimated at
one third of the lands within the pur
chase j and were supposed to contain
7,250,000 acres, which would give
28,750,000 acres, for the quantity in
tended to be fold. The land contained
within those purebafes amounts, how
ever, to near 3 5 millions of acres; and
the prelent claimants ellimate the quan
tity at near 40 millions of acres.
The several companies did, it Is un
derstood, pay the purchase money and
obtain grants from the governor of Geor
gia, for the several trails designated
in the law: the lands have since pail
through several hands, and lb far as has
come within the knowledge of the com
miflioners, the title derived from the
grants appears to be now he;d in the
following manner :
The whole trail granted to the
Georgia Miflifippi company was divided
into iixteen hundred equal undivided
shares ; and the president and direltors
ot the company, in January, 1796, fold
the whole, with the concemion of the
4
920,000 acres referv.d for citizens fob
icnptions, to certain individuals in
Massachusetts, who styled themselves
the New-England Miflifippi company.
The title has been conveyed to trufteds,
lor the uie of the company, which con
fills of 2,276 equal shares.
It is urged by fur.dry aflociates or
shares of the original Miflifippi compa
ny, that they have not been paid, and
that they are still {.milled to a portion of
the land. , ‘
The tiall granted to the tipper Mif
ftlippi company, appears to be divided
into twelve equal undivided shares, and
to be unentaugled by militant claims.
The trail granted to the Tennefiee!
Company, was, bv the grantees, Mathias
Maher and Zachariah Coxe, divided
into 420 equal shares. Several hundred
thousand acres are, besides, claimed un
der deeds, signed by Z. Coxe alone,
and which appears to be exciufively of
the shares which he held. The greater
part of the original shares held by trus
tees, for the uie of the proprietors.
The Georgia company confided of
ten Blares, exciufively of a number of
fub-fharCs, and of money shares, which
have bCCn either purchaled in by the
company* or absorbed in the payment of
certain trails fold by them. That com
pany, however, no longer exists, having
fold the greater part of the territory by
notes and bonds t and surrendered the
remainder to the state of Georgia. In
dead, thereof, of being held by trudees,
or in undivided shares, the lands origi
nally afligned to that company, are
claimed by several individuals, each
claiming cidinll trails in their own
name. There is a number of militant
claims in that part of the trail which’
lies between the Alabama and Tom-
bigbee rivers, south of the parallel 33
degrees 20 minutes of north latitude.
On the 13th day of February, 1796,
the legislature of Georgia palled an all,
(L.) declaring the all of the 7th Janu
ary, 1795, abovementioned null and
void, as having been obtained by fraud
and corruption ; duelling all records of
grants or conveyances relating to the sale
to be expunged ; and forbidding the re
cording thereafter, of any luch convey
ance or contrails. The document (F.) \
contains the'evidence On which the ie
gillatuwe ailed.
By the articles of agreement cf the
Georgia company, and schedule there
unto annexed, bearing date til and 10th
January, 1795, a copy of which (B.
10. 9) was transmitted to theconunil
fioners amongst other documents, by the
attornies of Hugh Jlofe and Valentine
Jof.es, two of the claimants under that
company, it appears that the company
had difpolM 01 a coiifiderable quantity
of thelands they intended to purchase,
to divers persons (whole names with the
amount in dollars paid by each, appear
in the schedule) for the ptfVpofe of railing
a fund to e/Feci the purchaie of the lands
and that they had affo found it necessary
to diilriLute to a variety of citizens of
the state, certain sub-mares, or quantities
of land, in oidfer that the benefit should
be as generally di'ftufcd as pofiible. By
the form of the sub-share (C.) it appears
that the holders Were entitled to certain
quantity ol land, without making any
1 immediate payment, but on paying
within feveti months what was supposed
t-hc original purchase motley : viz. two
cents and a third of a cent per acre.
A companion of the schedule annexed
to the articles, and which is declared to
be a part cf the agreement, with the
yeas and nays on the paflage of the all,
authorizing the sale, X E) Ihows that ail
the members, both in the fonate and
house, who voted in favor of the tew,
were with one Angle exception (Robert
Watkins, whose name does not appear)
ir.terefted in and parties to the purchase.
The articles of agreement, and lilt of
aflociates of the Tennefiee company,
which have been voluntarily humined
by one of the trustees, fhovvs that a num -
her of members of the legislature wet e
alio interested in that company.
It is also proper to flste, that all the
deeds given by the companies, which
have been exhibited to the commiflioners,
as well as all the subsequent dec'd3, with
only two or three exceptions, not only
give a fpeciai, inflc.ad of a gencrel war
rantee ; but have also a fpeciai covenant,
in the following words: “ And laPUy,
it is covenanted, and exprefaly agted and
u under Hood by and between the par ties,
.to these prrients, that neither tlitgrahtors
aforefrid, nor their heirs, eiecutors, or
admir.filrators, Hull be held to any fur
ther or othet warrantee, than is herein
before cxprrifcd, nor liable to the refund
ing of any money, in coniequenceofany
def'ell in their title, from the state of
Georgia, if any such there should here
after appear t 0 be.” ,
The all of Georgia, of the lath Fe
bruary, 1796, as well as several fubfe
lequent alls, had made provilion for the
repayment of the money deposited as the
consideration of the purchase; and the
document (G.) fhoiVs, that 301,695
dollars and fifteen cents, have beey with
drawn under these lavVs. The com
miflioners have not been able to procure
the evidence; on which those luma were
paid i it is, however, understood, that
foppofing the title from Georgia to have
been valid, not mote than five or fix
million! of acres have been fairly surren
dered by the parties, who have received
that money.
A great majority of the persons who
claim the lands not surrendered, have
signed the propositions of compromifei
hereuhto ahnexed, ‘H.J by which the
offer to relinquifn their claims, provided
that the United States ihall pay them at
the rate of 25 cents per acre, for the no
minal quantities of land claimed by them;
which, after making the proper dedue
• tions for lands, which have been sur
rendered would make a gross sum, of a
bout 8,500,000 dollars, with incereft
from the year 1 806 ; provided however,
that the principal and filtered, fliall hoc
exceded the proceeds of these five mil
lions” of acres, in the territory ; which
fhail ultimately be fold for the hitheft
price.
The coftimiflionefs think those propo
sitions inadmillible, arid without pre
tending to affirm, that the legislature of
the Hate of Georgia was competent to
make the decision, they feel no hifitation
in declaring it as theit opinion, that un
der all the circuififtances which may ef
felt the case, as they have come within
their knowledge, and as Herein dated,
the title of the claimant, cannot be sup
ported.
But nevertheless, believe that the in*,
terefts of the United States, the tran
quility of those who may hereafter ini
habic that territory; and varioliis equita
table confederations, which may be ur
ged in favor of moll of the present
claimants, render it expedient to enter
into a ccinpromife on reasonable terras.
Under the impression, a plan is lef
peclfully submitted to the consideration
of Congress, which although it docs not
give a full indemnity to every claimant,
is believed from'fuch’ information as has
been received, to give in the aggregate,
nearly as much as has been paid in the
whole, by all the present claimants.
As it is understood and generally a
greed, that the five millions of acre* re
served by the agreement with Georgia,
conllitute the fund from which the in
demnity is to be paid, ii is of primary
.importance in order to guard against any
depreciation, that the nominal Turn in.
msr.ey, which rhjty bt offered assn in
demnity, should not exceed what the
fund may be though: amply fufficient
to difebarge. The probable amount of
the annual sales, and the price affixed to
the land by Congress, furnifh the only
data by which that sum can be determi
ned.—The commiflioners have supposed
that the sales could not reafonabie be
ellimated to yield more than three or
four hundred thousand dollars, annually,
and although it has been presumed tha:
in opening 1 land office,-the price of the
land will, at prelent, be fixed at two
dollars per acre ; they have believed
that it would be improper to affums the
payment of any sum out of the proceeds
of the lands, which would bind L'on
grri's not to reduce the pr.ee hereafter,
if other confideraiions fliall itt.ier that
red 1111 ion expedient.
It is after having considered the fib
jell in that point of view, that theccm
milfioneis h<we been induced to iubmit
the following propositions as the basis ot
a ccinpromife.
ill. That so much of five millions of
acres as fliall icniain after having latif
fied the claims of settlers and others, not
recognized bv the agreement with Geor
gia, which fliall be confirmed by the
United States, be appropriated tor the
purpose of fatisfying and quieting the
claims of the persons who derive their
claims from an all of the state of Geor
gia, pafled on the 7th day of -January,
1795; for which purpose, the several
companies, or claimants under thole
companies, fhail be permitted to
the quantity of land alloted to the m on
any pwrt of the territory they claim,
to which the Indian title has not yet
been extinguidied ; provided, however,
that the whole fliall be located in no
mere than fix trails; and provided also,
tha: each trail fliall extend the whcle
breadth or length of the territory claim
ed by the person refpellively, and fhail
not have a greater proportion front on
the fivers than the whole Territory thus
claimed., ,
id. That the claimants may neverthe
less, receive in lieu of the laid lands certi
ficates hearing interell from the 1 It Jan
uary, 1 804, to the amount of 2,500,00©
dollars, cr, at their option, certificates
without incereft to the amount of
5,C00,coo of dollars; which certificates
Ihall, in either case, be paid (principal
filtered) out of the proceeds of the sales
of the public lands in the territory cf
the United States, above mentioned,
next ensuing the completion of the pay
ment of 1,250,000 dollars to be made
to the state of Georgia ; and Ihall also be
receivable in payment for the lands pur
chlfed in the territory, as f'oon as the
payment to Georgia fliall have been
completed.
3d. That the lands or certificates fhail
be apportioned amongst the several com
panies in the following manner, that is
to fay-—the portion of each company,
exciufively of the trails which may have
been surrendered, ihall, on every 500
dollars or acres which fliall be allowed
in the whole, be as followeth—-
For the epper Miflifippi Company,
exciufively of citizen* rights,
For the Tennefee do. do. 60
For tli# Georgia Miflifippi do. do. 155
For die Georgia do. do. not exceeding **s
For citizens rights not exceeding *5
, ■ 1.... £O3
4th. That every original grant, deed
or other evidence of claim, from which
the companies or claimants derive, pm
pretend to derive, their respective claim’s
Ihall be exhibited to the secretary of
states, within a twelvemonth, and there
recorded, at the expence of the parties ;
and, unless thus recorded, fhail never af
ter be admitted or considered as evi
dence in any of the courts of the United
States, against any other grant from the
state of Georgia, or from the United
States.
sth. That after all the claims fhail
have been exhibited, thfc lands or certi
ficates allotted to each company, fliall
be apportioned in proportion”to the
quantity of lands supposed to be con
tained within the refpellive claims, a
nfongft the several claimants under each
company, by commiflioners who fhail
also have power to decide, in conformi
ty to the principles of law and equity*,
ch all confliliing claims within each
company. - ‘
6th. That each individual claimant
fhail be allowed to have the benefit of
these terms, for the amount cfhis claim
thus afeertrined, and to receive, at his
option, his proportion either of lands, of
certificates bearing interell, or of certi
ficates without interell.
All of which is rclpdlfully fubmitted.’
JAMES MADISON.
ALBERT GALLATIN.
LEVI LINCOLN.
NOTICE IS HEREBY GIVEN\
THAT cn Saturday ilia sfith infl. al 3
o’clock in the afcerDOon, an Airrmbiy will
take place in the'Roman Cathulick Church,
for the purpose of circling lour Tiuflcet, a
greeabty to ,the att of the I.tgifliture. All
members of th# said Cli'.vch aie tequeiled to
attend. EMANUEL REVGILT - B
FRANCIS ROMA. $ trutteei.
L* MEUCISR,
Priest rtftar ot St. John’s Church.
March 18 j.
LES'.
On Thursday th# 14th of thj month, will be
fold, by public outcry, at the court-bout#, in
thi* city, hetween t be hour of to It 3 o’clock.
EIGHT Hhds. OF TOBACCO,;
seized at the property of Edwin Lewis, by
virtue of an attachment, and fold by order of
the honorable the Infemr Court, Gonditioni
cafti. T. NORTON, • c.c:
Match > g f.
Bills on New-York,
AT A SHORT SIGHT— FOR SALK BY
Mafgt & Ho war J,
MarA 18 —6t—a. CUrke’a wharf.