NOVEL THINKING

The 2d section directs the enrolled law, the grant, and all deeds, contracts, &c. relative to the purchase, to be expunged from the records of the state, &c. The 3d section declares that neither the law nor the grant, nor any other conveyance, or agreement relative thereto, shall be received in evidence in any court of law or equity in the state so far as to establish a right to the territory or any part thereof, but they may be received in evidence in private actions between individuals for the recovery of money paid upon pretended sales, &c. The 4th section provides for the repayment of money, funded stock, &c. which may have been paid into the treasury, provided it was then remaining therein, and provided the repayment should be demanded within eight months from that time. It was doubted whether a State can be seised in fee of lands subject to the Indian title, and whether a decision that they were seised in fee might not be construed to amount to a decision that their grantee might maintain an ejectment for them notwithstanding that title. The Georgia legislature overwhelmingly approved this land grant, known as the Yazoo Land Act of 1795; however, it was later revealed that the Yazoo Land Act had been approved in return for bribes. one of the said corporation, for and in the name of and as agent to the said corporation, with a large number of other persons under his authority and control, took possession of said territory, granted as aforesaid to the said corporation, made a treaty with some of the native Indians within said territory, in which, for and in behalf of said corporation, he made purchases of said Indians of their native rights to parts of said territory, and erected forts in several places to keep up marks of possession. The question is, whether it can be correctly predicated of the interest or estate which the state of Georgia had in these lands, 'that the state was seised thereof, in fee-simple.'.

That a treaty of peace was concluded between Great Britain and Spain, in 1763, in which the latter ceded to the former Florida, with Fort St. Augustin and the bay of Pensacola.

If contracts made with the state are to be exempted from their operation, the exception must arise from the character of the contracting party, not from the words which are employed. This right was not by the treaty ceded to Georgia, but to the United States.

As to the breach assigned in the first count, he says. Since, then, in fact, a grant is a contract executed, the obligation of which still continues, and since the constitution uses the general term contract, without distinguishing between those which are executory and those which are executed, it must be construed to comprehend the latter as well as the former. To the second count, the defendant, "protesting that the said Gunn, M'Allister, and Walker did not make the promises and assurances to divers members of the Legislature of the said State of Georgia, supposed by the said Fletcher in his second count, for plea saith that, until after the purchase by the said Greenleaf, as is mentioned in the said second count, neither he the said defendant, nor the said Prime, nor the said Greenleaf, nor the said Phelps, nor the said Hichborn, nor either of them, had any notice nor knowledge that any such promises and assurances were made by the said Gunn, M'Allister and Walker, or either of them, to any of the members of the Legislature of the said State of Georgia, as is supposed by the said Fletcher in his said second count, and this he is ready to verify,". This feature is no longer found in the constitution; but it aids in the construction of those clauses with which it was originally associated. which certainly imports an existing moral or physical necessity. The land when purchased of the Indiana is to be purchased for the benefit of the United States.

Marshall, joined by Washington, Livingston, Todd.

And if this ever was any thing more than a mere possibility, it certainly was reduced to that state when the state of Georgia ceded, to the United States, by the constitution, both the power of pre-emption and of conquest, retaining for itself only a resulting right dependent on a purchase or conquest to be made by the United States. Tariq Farid, Niche Market Business, The question whether a law be void for its repugnancy to the Constitution is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case. And in the year of our Lord, one thousand seven hundred and eighty five, the legislature of the said state of Georgia established a county, by the name of Bourbon, on the Mississippi, and appointed civil officers for said county, which lies within the boundaries now denominated the Mississippi territory; that thereupon a dispute arose between the state of South Carolina and the state of Georgia, concerning their respective boundaries, the said states separately claiming the same territory; and the said state of South Carolina, on the first day of June, in the year of our lord one thousand seven hundred and eighty-five, petitioned the congress of the United States for a hearing and determination of the differences and disputes subsisting between them and the state of Georgia, agreeably to the ninth article of the then confederation and perpetual union between the United States of America; that the said congress of the United States did thereupon on the same day resolve, that the second Monday in May then next following should be assigned for the appearance of the said states of South Carolina and Georgia, by their lawful agents, and did then and there give notice thereof to the said state of Georgia, by serving the legislature of said state with an attested copy of said petition of the state of South Carolina, and said resolve of congress. The point has never been decided in the courts of the United States, because it has never before been questioned. The government may indeed demand of him the one or the other, not because they are not his, but because whatever is his is his country's. It is, then, the unanimous opinion of the court, that, in this case, the estate having passed into the hands of a purchaser for a valuable consideration, without notice, the state of Georgia was restrained, either by general principles which are common to our free institutions, or by the particular provisions of the constitution of the United States, from passing a law whereby the estate of the plaintiff in the premises so purchased could be constitutionally and legally impaired and rendered null and void. In the Constitution of Georgia, adopted in the. 30th of October, 1776. 1st.

The lands in controversy vested absolutely in James Gunn and others, the original grantees, by the conveyance of the Governor, made in pursuance of an act of assembly to which the Legislature was fully competent. On this issue, a special verdict is found. It (that is, the court of Spain) sets up a claim to possessions within the state of Georgia, founded on her (Spain) having rescued them by force from the British during the late war. Can a State constitutionally repeal its sale of land consistent with the Contract Clause of the U.S. Constitution? My confidence, however, in the respectable gentlemen who have been engaged for the parties, has induced me to abandon my scruples, in the belief that they would never consent to impose a mere feigned case upon this court. bounded to the westward by the gulf of Mexico and the Apalachicola river; to the northward by a line drawn from that part of the said river where the Catahouchee and Flint rivers meet, to the source of St. Mary's river, and by the course of the said river to the Atlantic Ocean; and to the east and south by the Atlantic Ocean and the gulf of Florida, including all islands within six leagues of the sea coast. The government may indeed demand of him the one or the other, not because they are not his, but because whatever is his is his country's. But it is not on slight implication and vague conjecture that the Legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. All titles would be insecure, and the intercourse *134 between man and man would be very seriously obstructed, if this principle be overturned. Would it have been a defence in such a suit to say that the state had passed a law absolving itself from the contract? 1810-027. 7. p. 26.

March 16th, 1810, Precedential Status: The lands conveyed to the plaintiff lie on the western waters. The second charter granted by George the 2d in 1732, includes these lands, the bounds of that grant being from the Savannah to the Alatamaha, and from the heads of those rivers respectively, in direct lines, to the South Sea. Lunatic Asylum Synonym, To this plea the plaintiff demurred generally, and the defendant joined in the demurrer. Concurring Opinions. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other. The breach of this covenant is assigned in these words; 'now the said Fletcher saith that, at the time when the said act of the legislature of Georgia, entitled an act, &c. was passed, the said legislature had no authority to sell and dispose of the tenements aforesaid, or of any part thereof, in the manner pointed out in the said act.'

That, in 1754, a Governor was appointed by the Crown, with a commission describing the boundaries of the colony. That, in 1754, a governor was appointed by the crown, with a commission describing the boundaries of the colony. That afterwards, on the ninth day of December, one thousand, seven hundred and twenty-nine, his said majesty, George the second, appointed Robert Johnson, Esq. All these public acts recognised the title to be in Georgia.

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