fp the XmvU Qctetti. jTNESSEE land titles, t,'ecucv on a Ute.Act of the General T JL'cmbhj cf Tennessee. f ,m informed that wr late Gene- Z Mr wing effect That Sar ..,nooiutcti by virtue nf an act ! f the bjt General Assembly of N. auSuic. 2. That n- grant issued k th-iuteof North Carolina, under V . . H u : ' 1 ' n Ibai ooaf.orncy shatl advocate the i - Tr n in claim nffinrl ott o r-; nib Sutcuoier tmcs iounueu ou . . jinl N.i rnhna. 4. I haf . . .... jjjc gnnis o! -uch claimant?, issuing fcco tne Sute of Carolina, shall 8c: be reid, as evidence in our courts cf Judicature. lrjsct f- our msemoiy, is, in tj humble opinion, not only entirch iscooiistcnt "with certain rights of the Snre of Ni..lh Carolina ; but unwar j l .U - -onctlritrinn oF i . Sue. R carding it m these, points cf fieir, I submit to in, consideration rfthe public, the lolloping observa teas rcbtirc to the subject, which i: act embraces. The Sute of N. parohna claims . . r- . I ' thenrtt il niakiDZ imrs io ccrcajn O -k hdi in 1 enocssee. u.i tnis claim. tc act of htT last Legislature above sluicd to, was predicated ; to over irow ttm claim is evidently the oh jett r f the act of our Legislature, . . . wet fh:rh we are considering, n tnen, kschim be jmt, jf N. Carolina ac tiiiv h2S a right, to make tides to bd io this State, my position that fcc Ute art or our 1-igisiature is op posed to the juit rights of J. Caroli 11 is e jubhshed. Whether JVorth 9 uro::na nas tnis ntrnt or not, is w - - fccreforc, the enquiry no before us. In order to pursue this enquiry, it till be proper to take a view of the cession act of North Carolina, passtd they or 1789, an actcf the Legis- lore cf the same State, passed in the car 1803, and an act of Congress pujediQ the year 1805. Of thest a order. , It is well unchrtood. that :in the ct, by which No. Carolina ctoed to it Uoited States her Western Ter mer) (low Tennessee) usualN called ie cession act, therichtof making. tr perfecting tides f certain lands t"ah:n the l erritory carded, was re fiTcd to N. Carolina, in tre fol ftt, or like words. lands 'deff. or intended to be laid fjff. for 4 W f -w tcScers and soldiers of this Stater pcrtA Larolin shall be and enure b&c benefit of the said officers and jey; and whcrc entries have mide agreeably to law, and titles v&t them ' not' perfected bv'trrant. ctherwise, then ancf ui that case. governor, for the time being, shall .ke is hereby required, from time b t aie, to pcrfc.t such tUlcs, in such r, as if this act had never bVen 14, hc.v It appears, that under rr".malIo"n5N Carolina conti p to issue grams, and make titles m the ceded Territory, until mr 1803, when, oe LesisUti soein: ,i u.. r Rotate of Tennessee, so to do, pas j 10 lcti purporting to transfer to nseethc right;0f making titles e lands rrrtwrl n xi Yri;, . .we r..J r wu xjus tins aci or " -'fc3?cu- smnntf ninrr rnn. Sunder (his trxnress and im- 2ut vorjgrcss inuuio : bthe measure. The words pncl'Tl tbir' condition, nu DS ootatnea mereto, Ul5 of 1 "ocssec shall Have etV; ,l- ,cns to enquire, of -jsol, wii e'ver: 't tf r. u,red b-v the J,eB' ku r "olins j hi hn I Qn the 18th April, 1Q06, Congress ;een, is probable, Congress did not passed an act, respecting, vacant and regard it as such ; the cpnsequence unappropriated lands in the Territory is in either case, the tame. The act of the State of Tennessee : which act ol 1803 has never been assented to tvas prqpoted as a compact oetween ;. oy congress, jn tne manner requirea. the United States and that State. In J Tennessee of course has no right to this act. Confess established what is j, make titles to lands reserved to N called tjie Congressional rcserration ' Carolina in thocession, act. ' 'forth. l;ne, dividing the State ol Tennessee U-Gifolina. still retains that" right, A nto two parts ; and it yyas pronosed; jconuitioa on which she ottered to give i" " iiz. r - . . i: i that if the said State would relinquish to' the United States all right; and claim to the soil. .South and West of said line, that then Tennessee should have the right of soil,, and f making titles to lands NoTth and Jbast of said liqe. r In as ful and ampev a man-n-r (says'the act of Congress) as the United States now have, or as Teq nesiee might have, by virtue of the act of N. Carolina of 1803.'l Here it might ie in place to en quire what right or claim the State of Tennessee had, at the time of pass ing this act, to the soil Squth and West of the .aforesaid line If she had any, whence did it arise ? It did not arise from the cession act; for that act declares, that, ik All the lands intended tp be ceded by virtue of this act, and not appropriated as aforesaid (i. e. in the reservations) shall remain a common fund to the ue and benefit of the United States, North Carolina included " It did not arise from the act of 180JV for that act, not having Heea assented to by Congress, could have taken no effect. Waving this enquiry, however, as not necessary to our present design, we shall return. a . - We have stated the tenor -t the acof Congress of 1806, which some (I bclirvcT consider as an assent by Congress, to tke act of N. Carolina, vf 1803, but how it is so is a matter of mm h cbscerity. Congress, aftr taking up the businn s on newgrounds, ever con'tempbted bv Iorth Caroli na, after partitioning the state of Ten nessee into two parts, and proposing a compact as before stated, with that Sute ; proceeds to declare, that the consent of Congress is givn to the act of North Carolina of 1803, so far as is necessary to carry into efcet that compact. Will any man of com -mon sense affirm, that this was con senting to the act of Nor;h Carolina, in the full and unconditional manner required in that act ? Congress con sented only in a partial manner, and under new regulations, not at all known, nor even contemplated by N. Carolina. This is an extraordinary way, indeed, of complying with con ditions annexed to the acts of Legis- lative bodies. The act required the assent of Congress in a plain and ex press manner, aid certainly, in a ge neral, not a partial manner. ' No such assent of Congress was ever given and of course, the act ot 1803 never became a lav.. A condition, on which theict was to take effect, not being complied wth, the act lticlt fell to the ground. In the act oj Congress of 1806, it said that Tennessee should make titles to lands North and East of the Congressional reservation line, and that the assent of Congress is given to the act. of 1803. By the manner n which this declaration is expressed, viz. " so tar as is necessary nxcax ry into effect the object of iis com pact cxc'i It would seem as if Con gress did not regard this act as anas- sent to the act of N. Carolina of 1303. It itppesrs that to carry into effect the compact between the United States and Tennessee, was the principal de- sign, i he act ot Di. uaroima seems to have been regarded onlyts a se condary business How Cosgress cculd overlook or disregard the just and indisslub c right ojf the Bute of N. Carolina, reserved in the ccssioa act,' so as to assume, to itself the bu siness efsetUing and .disposing of all land claims in the State'of Tennessee, without due at tendon to'theLegisla ture or .x. Carolina, i, snail not un- dertake" to explain. Butte the easel as it may, whether Longress intended the act of 1806, a an a. sent to the act of N. .Carolina c803. fwhtcn itc viocntiy was -not, oemg at pest only jcp j in part) ot whether as ' wc hay e Just it up, never havintr been complied with. Reason, Justice, Law and common sense declare that she still possesses it- Taking the subject on the foregoing graund sortie case is plain as light, that N. Caroliniv has the aforesaid right. Put we will for argqmentN sake, concede a point or two. ye will meet the advocates for Tennessee on their own grounds We will suppose that the act of 1806, was tne assent ot congress to tne act of N Carolina of 18Q3. That is, that Such assent was intended ancWalid, as to the part of Tennessee, which it contemplated, to wit f North and East of the reservation line. Will it then follow, that N. Carolina has po longer a right of making titles to lands in this Sute ! It will not, for, If the said act of Congress did vest in Tennessee the right of making ti tles to tne reserved claims of NfCa rolina, it could only be in that part of the former state, which the act spe cified, viz. North and East of the aforesaid line. But N. Carolina had a right to mike titles to lands in' all or any part ot 1 ennessee ; as any one ...i i- ; :n i i. wuu rcausuic ccsaiou act win piaiuiy sei. Any act therefore of Congress, cr any other body, tending to exclude the claims of N Carolina, in making titles to lands from any part ot the Territories of Tennessee, must be an infringement of the rights of the for mer State ; and a complete nullity, and of no effect. Admitting there fore, that N. Carolina, has no longer claims to lands, North and East of the congressional reservation line- it must unquestionably be allowed, that she has still such a right, as to land South and West of said line. Taking jjben the opponents of North Carolina, on their own grounds, we see that our point is established ; that', that State still hasaproper right,& legal authority to' grant lands in-the State of Tennessee. But those grounds are not the proper grounds The act of .1803 never was assented to, in toto, by Congress ; not being assented to, in toto, it was not assented to at all. Not being assented to by Congress, it never took any effect AH North ! uaronna reserved claims, tneretore, still are vested in herself, as fully as if the act of 1803, had never been passed. Against these just claims of North Carolina the late act of our Legisla ture militates. It stands 'opposed to the provisions of the cession act, arid other subsequent acts of N. Carolina. In this'point of view, it is, at least, an illegal act, ana win undoubtedly, be regarded sO, by the proper iurisdlc tion. To what circumstance it was owing tjiat our Legislative body pas sed such an act, is a mystery rathtfr top dart: lor me,, with ccrtaintv to solve. I can only impute it to preci pitancy, want of information, or some Ovher cause, which I should be sorry' to find,jexisted, in any degree in the Legislature of Tennessee. But the subject is yet to be consi dered in a still more serious point of view. We have,T hope, to the satis faction of every candid, and disinter , ested man, established our first posi tion;' we have shewn that the Interact is id collision with the just rights of N. Carolina and her claimants , We will now .bestow some attention on the constitutionality of this law. , On this head, I am afraid, .we- shall find that our Ipgislature have made a sad blun der. : 5 v- The act has the nature of a judicial sentence.' It is like : the' decree of a court, decla'rinr; thc ciairrjs'orN. Ca rolina nulL , tYet It is - Well Jtno wn to be a principle interwoven into the ge nius of our constitution, ct of all He publican ones pth at the legislature and j udicial powers hall forey er be dbv tinct, and be vested Indifferent per-ff The dKemma into whichlme legis sons ; that those whoi make laws, ahajil iaturo has bronirht itself, in this, points ' not decide on laws when madef. How lis so dismally emtMirasslfig, . the ,laif then could the legislature asqme ju- it has passed is s pitiful, so weak, dicial powers? how could tjrey eret and'spj uncopstitutional, that it is as- themselves into a court, and pass an tontshinz a deliberative assembiVj act, wnicn nas tne cnaracieroi tne ae- nopiaproauce sucn a aeiormea, ana- ere e of a court for such a charac- unheard of, "s uch ' a spurious angv ter this act has. ft is noiperely Duogjfing piece ofwork. 'I do, not; the T making of a law. it amount? to: kpow what to think bt it I cannot a decision on laws, previously exist- II se0 ho the legislature' could attempt iog, and affects the property of certain citizens, acquired under, and accord' ing to those previously existing law. It comes to the claimants under N Carolina, like a decree of court, and attempts to oust them of their proper ty, fairly and legally, acquired, and a- greeab tp laws passed by the uene to eqcrpach on the rights of' the bar. as well as of the claimants. I cannot see how it coulcj ente the courti' in character bfV mclge, aflS prohibit the lawyers fro rrj i'pcajf ing Surely at- torneys -will not feel themselves bound to ohserye such an unaccount- Die ana unconstitutional law. it m- ral Assembly of N. Carolina; and volves Ihiir ' owi rights,1'. as"-weil ai laws, iuuwuich inac n.ssemuiy naa a; tne rignts or otner citizens, ai cur- right to pass; not laws violating the tails theri i of their emoluments'. The ' rights of other states, nor uncQnstitu most atrocious criminal cannot be tional in themselves, -if the claims of debarred therpfiyilege of counJ5 N. Carolina were illegal, why was it Are then the claimants under North1 I not left to the courts of justice to de- Carolina less entitled to the phvile feat them ? Was it necessary for the ges secured to us by the constitution, legislature to assume judicial powers t(ian criminals ? Or upon what no; Jt for that purpose I To 'decide on the vel, and unheard of principle, did the merits of the claims was the proper legislature presume to command at prpyince of the courts. Were they torneys rk5t tp advocate the claims of not to be trusted ? Was it supposed certain citizens ? These questions, - they would have given wrong deci- I own, are too piizzleing for me to sions ? Was iheegislature under the resolve j; if 'ny one, whose superior miserable necessity of stretching' forth abilities may enable him, satisfactory . its poWerfui arms to. wrest from the ly to answer them, will dp so, I shall claimants under N. Carolina, their I be thankful, land's ? There could have ! been no J ir Another ground upon Which, the need of any such a singular extension late act appears to be lincbnAitution- v of legislative power. Had those al, is the tendency wliicti" it lias to o claims been illegal, the Courts J verthrow contracts subsisting between; could have quashed them. The cir-jj the United' States; andorth Card; I cumstance of legislative interference Una, and between the latter, arid her being necessarvj for that purpose, grantees. The 20th section of the proves that those claims are just and j declaration of rifchts, or 1 1th article i legal. But what are we td think of bf the constitution declares that u No this business ? Are we to suppose, Jj law irapjiring the obligation of con that our legislators, knowing the tracts shall be made." Yet this act claims founded on the laws of N. Ca- evidently strikes at the contract msVc rolina, to be good and legal claims, between the United States and: v and being determined, at any rate, if (Carolina,- in trie , act of cession, hy at possible, to defeat them, were under tempting to defeat certain provisions the necessity of. encroaching on the of that" act ; nd also impairs the exclusive rights of the judicial depart- obligations subsisting between jtforth ment, in order to Carry their poipt H QaroUna and her grantees, b endit?a-x To draw, sach a conclusion would be jt yoring to take away from both, the fixing a deep stain on the character of object of contracts Much micht be our legislature : To draw such a coa said on this heati, but further com'--elusion, must be matter bf serious re- ments, on so plain a point,' are need gret and alarm to the citizens of our less. It isvo a piece, with the rest 'of state. let wnatomer conclusion lg j the absurd consequences of this ab umstances relative o the subject be ing considered,.! ara completely at a loss to know. If there are citizens claiming lands in this state, under titles derived from How the difficulty rit surd taw. voives is. to oe got over ; orw tne act of our Jegisiature can Jje ref oncf- led with' the clause of tho c'ons.titutTofj, abo ve re cite d, it wdulo requires?a jriv ser head than mine, and 1 1 belieVel N Carolina, those titles ought to have than ai' any of those who passeil tht been left tq judicial exanji nation. To J act; to pbipt but- j v ' oar up tne courts or justice against the claimants is a most novl method of proceeding. A and are content ding for a piece of land. ' The legis lature without even admittipg A to defend the merits of his claim, with out allowing him to r.ead in evidence, his grant, without suffering him to employ counsel to. assist in asserting the legality of his claim, decrees the land to B Would riot.f his be a strange proceeding would it be constitution al ? Yet like this, in principle, is the nature and character ot the act' which, we. are . considering. jQf the several parts Af this spurious law none is perhaps, more unprece dented, or more contrary to the prin ciples of pur government,. thanr that which goes' to seal up the lips of at-; torneys, from defending the claimants under J. Carolina ' A law of this j description was, certainly never before passed m the u. p. ine privilege of having, the assistance of counsJ is guaranteed J by 'the icohstitutibn. ; In hynamerbf.woilder, in tJieT'name'of common sense,' ' what necessity (not considering i lhtj could there bt to debar, the r claimants horn, having counsel. i4jrhcir claims are either just and legal, or not sd. I f just andlegal; then deftainlyitb interdict 'them from having counsel to defend the mi Was highly unjust, arhitra.ry and cruet " If neither j ust or JegaUwhat hann could the y having of counsel .hiver done ? C9uidt it 'haYc'cstabliihcd unlawful claims? . The Remainder, in our next EXCHANGE OF Old Six Per Pent & Deferred Steaks PyitSUANT to tRe Acr oCpongress, enti "tled tCArtf Act authorising a Subscription " for the OLD SIX PERCENT anapefei'- -red. Stocks, and providing for be exchang u of the tame,Mpassed on 'the.6ibdaof Jy 181g, bobjes wilt he opened on' the 1st fay f October next, at the Treasury,, and at the"t?-' veralteanfficesi.andwil! continue" open kM' the 1 7th day e .Marcb nexV f reeeiyi SubsCfiptibns, of the Oid Six Per Cent.?arki " Deferred Stoccs, in the mannrei prsdibe'b the sajd act. New Certificates, barirfgistef. teret hom the st day cf theuarrer in wttlcf ihc Subscription shall be made, ;f at the fat I Six Per Centum Per Annutn, payablv u'iTter yearly, lor! rh inwedeemcd amount of jfrtncf pal of the Old Six PacjCenuim and lDfeferfea Stocks wh ith may "be S ubsciibe w il o4 vtrJx ed at the Treasury or at fhe, lcrtkfffic'es?reV pactiyely w'ere tne Old StV?ubseritad nfr , at tHe same time stand 'creiiiTte Nerr " United Staes at ahy' time aficr-'the; jHst. cay oi uecemoer, xmnt ;. qn no reimoursen.eu , , "wiirbe made exevhf fot t'he wbIe trabunt if - the Stock trending at the time, to thVcrtidit t any proprietor, on the books' of ih& TifcaiV-- or of "the Commissioners of Loans' jesfteettNL' . . jy, nor tin atter ar least six montas prevrou : public notice of soch imended rsimbcrtects ' V Tremtttn Hextrttncnt $e6tem&er ;1D; 1 812 - : A LIQHj; CARRIAGE, With. Harness; Catbtonraad Boxes.: It easy t ' be had on mddcraie'reMQi.V f n fiy ; V; ' " '! Apply at this OSrv ' pec 18. V mi 1 1 b is; I'M si- n pi h n4 A r 4 1 I A1 . it K m - J "I ' - -

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