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The

COLUMBIAN

"HAIL SACRED POLITY, BY FREEDOM REAR'D !
66 HAIL SACRED FREEDOM, WHEN BY LAW RESTRAIN'D!"

Driginal Ellays.

Hither the products of your closet-labors bring, Enrich our columns, and instruct mankind.

FOR THE BALANCE.

ISABELLA QUEEN OF SPAIN.

AND

W

HILE the trump of fame is proclaiming over the earth the name and the merits of Chriftopher Columbus, juftice demands that the memory of Ifabella fhould be honoured with a fhare in the laurels which he won. Whatever of wealth, of fcience, and of civil and relig ious liberty, has accrued to mankind from the difcovery of America; whatever priv. ileges the inhabitants of the United States enjoy above the reft of the world;-the credit and the honour are due, in no inconfiderable measure, to the astonishing generofity and magnanimity of a Woman.

After Columbus had difclofed the proje&t which his vaft mind had conceived, || every obftacle that ignorance, envy and knavery could fuggeft, was placed in the way of its execution. The Senate of his native country, Genoa, to which he firft applied, unable to comprehend his fcheme, rejected it as chimerical. The king of Portugal, to whom he next addreffed himfelf, practifed upon him the moft fhameful fraud. Henry VII. king of England, to whofe court he fent his brother in queft of patronage, was rich and poffelfed talents; but the fordid parfimony of his heart tied up his hands from any enterprizes, which would be attended with pecuniary expence.

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Balance,

REPOSITORY.

The court of Spain was his final refort. Habitual covetoufnefs, a cold reserve, and an exceffive jealoufy of temper, marked the character of Ferdinand the Spanish monarch. His cars were always open to the bafe infinuations of the enemies of Columbus; who, after eight years fruitlefs attendance and folicitation at that court; after fuffering, during this long time, manifold difappointments and repulfes, aggravated by the ridicule and {corn of the courtiers; had determined, in the anguifh of his heart, to withdraw himself from the kingdom, as he had already done from the court, of Spain. There was no prince; there was no man of fufficient fubftance, who appeared to be difpofed to patronize that wonderful genius. But there was a Woman, who bound up his broken heart, and afforded effe&tual patronage to his mighty undertaking.

Ifabella, Ferdinand's queen, recalled Columbus to court, efpoufed his caufe at the risk of her own fortunc, and even pawned her jewels to defray the expence of his hazardous voyage. During the infernal intrigues and virulent meafures of his enemies, Ifabella remained his conftant friend; nor was it till after her death, that Columbus was completely overwhelmed by the malice of his foes.In lofing her, he loft his great, and only earthly fupporter.

Wonderful woman! the pride of thy fex and of human nature !-fprigs of Caffia fhall ever bloom on thy grave.— To thy memory fhall be paid a reverending tribute of gratitude from the new world.

BEATTIE.

Z.

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FOR THE BALANCE.

A BRIEF SKETCH OF THE FEUDAL SYSTEM IN EUROPE.

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A

SHORT time before the commencement of the chriftian era, France, Spain and Portugal, and fome parts of Germany, together with the Island of Britain, except Scotland and Wales, had been conquered by the Romans, and became provinces of ancient Rome. The immenfe fabric of the Roman empire, which extended over large portions of Afia and Africa, as well as Europe, fuddenly tumbled into ruins; and the once lordly Romans bended their necks to the yoke of fwarms of demi-favages, who inva ded & conquered them. Numerous hordes. of fierce barbarians fron, the North of Europe, commonly known by the names of Goths and Vandals, pouring into the Roman provinces, as well as into Italy the heart of that empire, effected over them a The chieftans of complete conqueft. thofe hordes or clans were confidered as the proprietors of the conquered countries. Large portions of the lands they referved to themselves for fupporting the dignity and expences of their governments other parts they diftributed, under the denomination of fiefs, to their relations, favourites and principal warriors: and thefe again made a diftribution among heir tenants and vaffals. Their lands were originally held by a military tenure. The fubordinate officers held their manors on the exprefs condition that they should bold themfelves, with their vaffils, in coufint readiness to bear arms in the ferice of their chiefan. water hefhould

call, and the tenants or vaffals, who were called villains, were obliged to appear in arms, at the bidding of their refpective thanes or lords. At first, the thanes or lords of the manors held their lands only during the pleafure of the chieftan; and always by their death, their ef tates elcheated to him. At length, the tenure of their land was made certam for a term of years;-then during life ;—and finally, it became hereditary. In procefs of time, money and land-produce were received by the chieftans from the lords of the manors, and by the thanes or lords from their tenants, inftead of military fervices. As long as perfonal military fervices were required by the chieftans from the lords of the manors, as the condition of their land-tenure, thofe manors, after the deaths of their incumbents, fell to the poffeflion of fuch of their fons or other near relations, as were the most able bodied and expert in war: but when money and land-produce had become a fubftitute for military fervice; it was no longer an indifpenfible requifite that the lords of minors fhould poffefs military talents. In the progrefs of thofe governments, the right of primogeniture was eftablished. In order to prevent family and national feuds and civil wars, it was ordained that the eldeft fons of the chieftans fhould fucceed to the dignity and authority of their deceafed fathers; and the manors, left they fhould be frittered away by fubdivifions, were entailed and defcended to the eldell fons of the lords.

This was the foundation of the monarchical and aristocratical governments in Europe. The defcendants of the chieftans of thofe favage clans, which conquered Rome and the Roman provinces in Europe, fourteen or fifteen hundred years ago, are, at this day, emperors, kings, princes of the blood, dukes &c. And the defcendants of the officers and most diftinguished warriors who followed those ferocious chieftans, conflitute the higher part of the prefent nobility.

greatest harmony with the United States, has provided that the depofit fhould continue at New-Orleans until the two Governments fhall come to an agreement about another equivalent place."-Before we advance a ilep further, we fhould be glad to know what two Governments are here intended? If the reader will turn to the Evening Post of the 18th of March, he will find a letter from this fame Marquis I HAVE the pleafure to impart to you, of Cafa Yrujo, the Spanish minifter, to without a moments delay, that by difpatch-the Secretary of State; and in the Evees which I have received from my govern. ning Pult of the 21 March, he will find ment, brought by a brig of war of the king another, from Monfieur Pichon, the French my matter, difpatched for this purpofe a minifter, from both which official papers it appears unequivocally, and in exprefs words, that France is now notoriously the proprietor of Louifiana," and that His Catholic Majefty is nothing more than

SIR,

16

the guarantee to France for Louisiana, till France thall have occupied it." We quote verbatim from thefe official papers; and now we ask any man of the democratic party to explain to us if he can, with what flow of propriety his Catholic Majef

lone, I fee confirmed all the affurances
which I gave you on various preceding oc-
cafions, when I received information of the
difficulties. which the citizens of the Uni-
ted States experienced in confequence of
being deprived of the place of depofit on
the Spanish banks of the Miffiffippi, by de-
cree of the Intendant of New Orleans.
His Catholic majefty, as juft in his refolu-
tions as defirous of living in the greatest
harmony with the United States, has provi-ty
ded that the depofit fhould continue at New-
Orleans until the two governments fhall
come to an agreement about another e-
quivalent place; and to the end that this
royal provifion may be promptly and punc.
tually carried into effect, the neceflary or
ders are communicated to the intendant and
to the captain general of Louifiana, of
which I tranfmit you the original in order
that
you may be pleafed to forward them
to New-Orleans.

can promife us that he will hereafter come to an agreement, or make a treaty with us refpecting a certain territory to which he acknowledges he has no claim, over which he can exercise no jurifdic. tion, and which he only keeps the poffef fion of as the guarantee for France, the rightful owner? Tell us Mr. L******** you, who now, forgetful of character, are fo bufily engaged in running about the city with thefe handbills, and congratulat ing your friends on their contents, fhew us, if you can, that this is any thing more than a fheer, downright impudent attempt to impofe upon, and to gull the people of the United States in the most grofs and fhameful manner?

W.

Political.

From the NATIONAL INTELLIGENCER.

The following Important Letter has been this day sent
by Express to New-Orleans.

OFFICIAL.

WASHINGTON, APRIL 3, 1803.

Thus the principalities, dukedoms and earldoms, in Europe, are held by the tenure of a conqueft, effected by illiterate barbarians over civilifed and polished people.-European princes and nobles do, however, poffefs the full force of that title which ariles from very long poffeffion:pofe and it is contrary to the common maxims of jurifprudence and would feem very hard to difpofiefs a man of an eftate that has been tranfmitted to him from a long line of ancestors; merely because it might be proved that the firft founder of his family, fourteen hundred or five hundred years ago, obtained the ellate by force or by fraud.

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I haften to acquaint you of it with much fatisfaction, in order that you may communicate it to the Prefident of the United

States, as foon as poflible; and I pray God
to preferve your life many years.

I kifs your hand.

Your most obedient, and faithful ferv't,
THE MARQUIS OF CASA YRUJO.
JAMES MADDISON, Esq.

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From the NEW-YORK EVENING FOST,
OF APRIL 22.

AND what is there in the above to occafion fuch a tumult of joy in the democrats of this city? One would really fup

that the Marquis of Casa Yrujo had not only married into the family of Gov. M Kean, but had fome how or other become related to every good democrat in town. Before, however, we fuffer ourfeives to die with rapture in " aromatic pain," let us look calmly once more at this hand-kiffing communication of the fweetfcented Marquis.

"His Catholic Majefly, as juft in his refolutions as defirous of living in the

But admitting every word to be precifely true and correct, what is the amount of it? The place of depofit is to be restored for the prefent-and what then? Is any reparation for loffes promifed? Is the conduct of the Spanish Intendant difavowed, or him!elf cenfured in even the flightest manner? Not a fyliable of all this.

Let me put a familiar cale-I have a way in common with my next door neighbour, which is ellential to my convenience; he leaves the country and puts an agent into his houfe during his abfence, who fhuts up this way and obliges me to be at great expence in providing fome other out-let. I commence a law-fuit for reparation; he hears of it, and writes to me that he has fold the premises, and has no controul over it, but that he has ordered the way to be opened, and will agree with me one of thefe days for its further continuance; but fays not a word of damages, nor admits that his agent has been to blame. On this I call all my neighbors in and hold a day

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of rejoicing. Now am I a man of fenfe and fpirit, or am I a fool and a drivel. ler ?

The truth is, this conduct of his Catholic Majefty backed with the fame fort of language; this fineffee in fhilting all refponfibility for his own acts from his own Ihoulders on to thofe of foine of his officers has been the practice of the Spanish Court for more than thirty years. In the great affair of the Falkland Inlands, after having committed a violence against the rights of Great-Britain, fimilar to wha has been now committed against the rights of this country, his Catholic Mjfy the difowned the act, as he has now done and charged it upon his Intendant. He then, too, in the fame manner as he has now done, promised restitution, but behold the great Earl Chatham rifing with dignity in the House of Lords, and expreffing himself in the following juft, lofty, and forcible language.

"Certainly, my Lords, there never was e more odious, a more infamous falfehood imposed on a great nation. It degrades the king's honor-it is an infult to Parliament. I beg your Lordships' attention, and I hope I fhall be underflood, when I repeat, that the Court of Spain having difivowed the act of their governor, is an abfolute, a pal pable falfehood. Let me afk, my Loids, when the fift communication was made by the Court of Madrid, of their being apprifed of their taking Falkland's Iland, was it accompanied with an offer of inftant ref titution, of immediate fatisfaction, and the punishment of the Spanish governor ? If it was not, they have adopted the act as their own, and the very mention of a difavowal is an impudent infult offered to the king's dignity. The king of Spain difowns the theit, while he leaves him unpunished, and profits by the theft la vulgar English he is the receiver of ftolen goods, and ought to be treated accordingly. My Lords, the pretended difavowal by the court of Spain is as ridiculous as it is falfe."

A celebrated writer of that day, fays, "An open hoftility, authorized by the Catholie King, is called an act of a Governor." And afterwards, when fpeaking of the conduct of his Majefty in offering reflitution, he thus energetically expreffes himself.

Reflitution of a poffeffion, and reparation of an injury, are as different in fubfiance as they are in language. The very act of reflitution may contain, as in this inftance it palpably does a fhameful aggravation of the injury.'

39

Such was the becoming language of the great men in the English nation; fuch is the language which itseminently becomes the real ftatefmen of this country to hold on this occafion. Such language is held by the federalifts; and to our adverfaries we leave it, with their pitiful fyflems of

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We no man call, or ape, or ass'Tis his own conscience holds the glass. The conduct of the Attorney General of this state, towards the junior editor of the Balance, at the late court in Claverack, was marked with some peculiar traits. Instead of that noble, dignified and manly demeanor, which ever ought to characterize an officer standing in the elesed situation of an attorneygeneral, when debating on a question, which is ac

knowledged by all parties to be of the utmost magnitude; we beheld in Mr. Spencer nothing but what might be expected from the most insignificant pleader, in the most inferior court, on the most trivial subject. Instead of expounding the law with candor, coolness and deliberation-he descended to the low walks of virulence and invective; and, heated with passion and prejudice himself, he attempt. ed to spread the infection, alike over the bench, the bar and the gallery. And what was the crime that called forth such unprecedented exertions from the Attorney-General? What had the junior editor done to deserve, not only the vengeance of the law, but the vengeance of the public prosecutor? Had he murdered? No! Had he robbed? No! Had he committed any gross and abominable act of villainy? No! What, then, was his crime? He was suspected. Of what? Of-TELLING THE TRUTH! Of telling such truths of the president of the United States, as would have a tendency to bring him into disrepute. And was this such a crime? Yes, good reader, yes. He was indicted for publishing a supposed libel. He was told in court that the magnitude of the libel was precisely commensurate with

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Col. JOHN LANGDON has been, for several years, the democratic candidate for Governor of NewHampshire, and has always been unsuccessful.---His friends, for the purpose of giving him weight, have dubbed him the long tried patriot ;" and we observe, by the following neat epigram, which recently appeared in the Portsmouth Oracle, that even his enemies begin to think the tide appropri

ate :

"The long-tried" patrist, Colonel John, "From year to year, has been hard run, "With hopes to get him in;

"But now the wits, who change their side, "Say, true it is he's been "long-tried," But sha'n't be tried again."

Isaac Mitchell, the Barometer editor, has repeated on Bee authority, the scandalous falshood concerning Maju Ten Broeck. He receives the Balance, the Gazette and the Bee, and must have seen in all these papers, a complete refutation of the tale; but he has never corrected it, and probably never will. Mitchell and Holt are a pair of honest, very honest editors!

Agricultural.

FOR THE BALANCE.

CHINESE HUSBANDRY.

IN

N the empire of China, which contains nearly half the numbers of the human race, no fpot of ground that is capable of cultivation, is neglected, though

never fo fmall or difficult of accefs.Roots and greens are there the principal nourishment of the inhabitants; and they pare no pains to procure them in the greateft variety, and of the best kinds.-They have feveral kinds of roots and edible herbs, which are not known in Europe; and befides cultivating all their lands, they obtain crops from feveral aquatic plants, which are ufed as delicacies at the chinefe table; particularly the water-chefnut. This, by the imperial order, has been cultivated in all the lakes and marthes belonging to the empire. All the canals, which water the emperor's garden, are covered with it. The ponds and ditches. every where are overfpread with the flowers and verdure of this plant; which bears a fruit enclofed in a hufk, like a chefnut; and of a very palatable and whol

fome nature.

In a narrative of Lord Macartney's embaily to China, it is related that his lordfhip's attendants, in paffing through a part of that empire, faw a man cultivating the fide of a fleep precipice; that, on examination, they found that he had a rope faftened round his middle, which was fecured at the top of the mountain; and by which he let himself down to any part of the precipice where a few yards of feafible ground gave him encouragement to plant his vegetables and fow his corn; that the whole of the cultivated fpots, which were at fome distance from each other, appeared to be not more than half an acre: and that near the bottom of the precipice, on a hillock, he had a little hut, where he fupported a wife and family in this hazardous manner.

By reafon of the univerfal induftry of the Chinese, together with their fuperior fkill in hufbandry, and their fimple mode of living; almost every man is able to fupport a family: accordingly they marry young, and multiply and cover the earth, like grafshoppers. They are claffed in

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66

[CONCLUDED.]

AN

ND those on whom is de-
may
volved the adminiftration of the govern-
ment and laws, ferioufly advert to the im-
portance and dignity of their ftations; as
very much depends on a faithful difcharge
of the refpective duties enjoined on them:
and if the fpirit of judgment, wifdom, and
moderation, concur in the direction of their
councils and conduct, they will be not on-
ly the Rulers, but bleflings to thofe over
whom they prefide. And as national
crimes have, and will probably continue to
draw down national punifhments, great is
the neceffity for the Leaders of the people
fuitably to interpofe in difcountenancing
aud fuppreffing vice and immorality, with
every fpecies of oppreflion.

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JOHN MURRAY, Jun.
Clerk to the Meeting.

03
Political.

Having thus endeavoured to hold up to public view fome of the fubjects which have impreffed our minds, we now affectionately crave the attention of those who are confidered the Leaders, Inftructors, and principal members in the different re ligious focieties; defiring that all fuch may feriously confider the great neceflity there is for them to evince, that they really are what they profefs to be this, however, can only be effected by a fteady, uniform care, to walk worthy of their vocation; and not only by precept, but very efpecially by the expreffive language and tenor of their conduct, faying to their fellow profeffors, "Follow us as we fol "low Chrift;""being examples of the "believers in word, in converfation, in

OUR affairs with Tripoli remain as they were at the clofe of the laft feffion of con. grefs; neither reftrained by a regard to juftice or intimidated by the apprehenfion of our force, thofe pirates continued to cruife against our fhips engaged in the Mediterranean trade. The public armed fhips ftationed there have proved fufficient to watch them fo clofely, that one merchant fhip only has fallen into their hands, charity, in fpirit, in faith, in purity." and this might have been re-taken, but This being the primary engagement of all for the danger of our large fhips venturing fuch amongst profefling Chriftians, will near the shore to intercept the prize conhave a powerful influence in promoting ducted by their fmall gallies. To render that general Reformation, which no doubt the protection to this trade more effectual, every feeling mind at fome feafons defires: the house of reprefentatives, without a difa reformation which can only be effected, fenting voice, paffed a bill appropriating as there is on the part of the people of this 96,000 dollars for the building or purcha growing nation a difpofition to purfue thefing four fmall veffels to carry fixteen paths of virtue, and to be influenced and guns each which in conjunction with regulated by the principles of pure relig- our force already in the Mediterranean, ion; a reformation that will very much will, it is not doubted, prevent thefe pipromote domeftic peace and felicity, and rates from venturing into that fea. This enfure the happiness and profperity of our bill was returned from the fenate, with an country; averting thofe calamities, which, amendment, appropriating 50,0co dollars agreeably to fcripture and other records, for the building fifteen gun-boats. Wher

MR. STANLEY'S LETTER.

[CONCLUDED.]

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this amendment was under confideration in the house, information was asked for what purpose these gun-boats were intended? It was fuggefted that they were not neceffary for the Mediterranean fervice, and not calculated to fupply the place of revenue cutters. In reply, it was intimated they were to be employed, it neceffary, on the Miffiffippi: Upon this information the amendment was agreed to. -Thus we fee that the gentlemen who in January, manifefted the amicable difpofition of relying on declarations of "fenfibility," and the magnanimity of an aggreffing neighbour for redrefs of injuries done us-who at that time refufed peremptorily even to confider whether preparations for defence, if neceffary, fhould not be adopted; feem now, fo far as we can judge from this meafure, to incline to the opinion, that acts may be efficacious where words will fail: And that waiting with perfect confidence for negociation to "vindicate our injuries," may be beautiful in theory but dangerous in practice.

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At the laft feffion of Congrefs, the Prefident communicated the articles of agree. ment and ceffion entered into between the commiffioners appointed on the part of the United States, and the commiffioners on the part of the fate of Georgia, by virtue of an act paffed May, 1800-for the amicable fettlement of limits with the flate of Georgia. By thefe articles Georgia cedes to the United States all her right to the jurisdiction and foil of the territory lying on the Miffiffippi, fouth of the ftate of Tenneffe, north of the Spanish provinces of Florida, and weft of a line beginning on the river Catahouchie, where the Spanish boundary coffes the fame, and runs up that river to the great bend thereof, next above the creek called " Uchee," then a ftraight line to Nickajack, on Tennessee river, and with that river to the Tennes fee line.

On the part of the United States it was ftipulated, that there fhould be paid to Georgia from the first fales of the lands. thús ceded, 1,250,000 dolls.-and that a land office for the difpofition of the vacant land thus ceded, fhould be opened within one year after the affent of Georgia to the agreement.

That actual fettles, under titles from the British government of West Florida, or the Spanish government, or an act of Georgia, called the Bourbon act, fhould be confirmed in their titles-that the lands ceded fhould be a common fund for the benefit of the United States, with the ref ervation of five millious of acres, which the United States might apply to the fatisfaction of claims other than those before recognized.

That the United States fhould extinguifh the Indian title to the county of Talliffee, in the state of Georgia.

That the territory thus ceded, fhall form a ftate when it fhall contain 60,000 free inhabitants.

The ftate of Georgia, by an act paffed June 1802, have ratified the agreement of the commiffioners, which has become ob. ligatory alfo on the United States. In this feffion an act has paffed the house of reprefentatives, and is now before the fenate, for opening a land office in this territory. This bill preferibes, that a furveyor be appointed by the Prefident, who fhall furvey all the lands in the territory to which the Indian title has been extinguished, into townships of fix miles fquare each, which fhall be fubdivided into fections of 640 acres, and half fections of 320 acres each; plats of which furveys fhall be filed with the registers in the territory, and with the Secretary of the Treafury. That the Prefident by proclamation, fhall appoint day, on which all the faid land fhall be offered for fale to the highest bidders, in lots of fections and half fections; but no sale shall be made at less than two dollars per acre. The lands unfold at the expiration of three weeks, fhall be difpofed of by the registers of the land office, at the fame price (2 dollars per acre) and in the fame manner as the United States lands north west of the Ohio are difpofed of. The terms of fale in both cafes are:

The claims, other than thofe exprefsly provided for in the article of agreement, and for the fatisfaction of which the right to difpofe of five million acres of land were referved, being very confiderable in their amount and extraordinary in their nature, a brief account of them may not be unacceptable.

[ir. Stanley here adverts to the claim of the South-Carolina Yazoo Company, under an act of the ftate of Georgia of Dec. 1789. This claim, it will be recolleted, was attempted to be supported be

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fore the Supreme Court of the United States, in a fuit against the state of Georgia, but which was terminated by an amendment of the conftitution, relative to the Juability of states. The controverfy was afterwards referred to the Secretary of the Treafury, Secretary of State, and Attorney General as commiffioners or Georgia claims, who reported that there was no equitable claim either for the land or compenfation from the United States." The other class of claimants confifts of thofe companies which engaged in the celebrated Georgia fpeculation under the act of the legislature of that ftate, of 1795, but whofe bright profpects were cut off by the "refcinding act" of the leglature in the fubfequent year, and who received back the purchase money. Thefe companies now apply to Congress for 8,500,000 dollars, for which they propofe to relinquish all THEIR CLAIM.

tatement of these claims-The above we We are obliged to omit Mr. Stanley's hope will fuffice. Edit. U. S. Gaz.]

66

Upon thefe claims the commiffioners report" that they feel no hesitation in declaring that the title of these claimants can"not be fupported." But they add, that "the intereft of the United States-the "tranquility of future fettlers, and various "equitable confiderations render it expe"dient to enter into a compromise on rea"fonable terms." They therefore fubmit a plan of indemnity to the claimants, viz. That the refidue of the five million acres referved for this purpofe, after fatif||fying the claims of fettlers and others as recognized by the articles of agreement with Georgia, fhall be granted the claimants under the act of Georgia of 1795, to be located on lands to which the Indian title is not yet extinguifhed-or that the faid claimants fhall receive certificates, bearing intereft after 1ft Jan. 1804, for two million and a half of dollars, or, at their option, certificates for five millions without inter

That the purchaser fhall pay at the rate of fix dollars for every section he may purchafe for furveying expences-he fhall depofit one 20th part of the purchafe money, to be forfeited, if within 40 days he fail to pay one fourth part of the whole purchafe money. One fourth part of the purchafe money fhall be paid within 40 days--one money fhall be paid within 40 days-one fourth within two years-one fourth within three years, and one fourth within 4 years after the day of fale--with intereft at fix per cent, from the day of fale, on the three laft payments. A difcount of 8 per cent a year fhall be allowed on any of the three laft payments, if anticipated.

By this bill the titles of perfons actually fettled within the territory under Spanifeft to be paid out of the fales of the land and British grants, and under the Georgia after the payment flipulated to be made to Bourbon act are confirmed. A right of Georgia. pre-emption is alfo given to perfons who, at the time of paffing the act, thall be actually fettled on lands of the United States without title.

Although it cannot be afcertained that the purchafers from the original companies had notice of the fraud in which the tranf. action was founded, yet there is ftrong reafon to prefume they were apprized that the title was queflionable, becaufe in the conveyance to them a fpecial warrantee only is found againft the acts of the gran tors, and a fpecial covenant "that the grantors fhall not be liable to refund any money in confequence of any defect of title from the ftate of Georgia."

A bill is before the Houfe of Reprefentatives predicated on this project of the commiflioners. Its fate I confider doubt ful-my own impreffions are, that the claimants under the act of 1795, have no

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