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9. Articles of agreement between the grantees of the
Georgia company, to which is annexed a list of sun
dry conveyances, &c.
to Hugh Rose, for the one half of a tract of land there
in described, the half to contain 1,200,000 acres.
1-12th and 1-5th of 1-12th of the Upper Mississippi
GEO. SIBBALD. Honorable JAMES MADISON,
Levi LINCOLN, Esqrs.
(B, No. 1.) To the honorable James Madison, Albert Gallatin and Levi Lincoln, esquires, commissioners on the part of the United States, for treating with commissioners appointed by the state of Georgia, &c.
The subscribers, attornies to Hugh Rose and Valantine Jones, esquires, of Great Britain, respectfully represent :
That, in pursuance of an act of the general assembly of the state of Georgia, passed on the seventh day of January,' in the year of our Lord one thousand seven hundred and ninety-five, entitled " An act supplementary to an act for appropriating a part of the unlocated territory of this state, for the payment of the state troops, and for other purposes therein mentioned, and declaring the right of this state to the unappropriated territory thereof, for the pro. tection and support of the frontiers of this state, and for other purposes therein mentioned," George Matthews, then governor of the state, under the great seal of the same, did, on the thirteenth day of January of the same year, give and grant unto James Gunn, Matthew M'Allister and George Walker, and their associates, called the Georgia Company, their heirs and assigns forever, a certain tract of country described in the deed, an exemplified copy of which is deposited in the office of your honors, and by one other deed under the great seal of the same state, did on the fifteenth day of January, 1795, grant unto John B. Scott, John C. Nightin.
gale and Wade Hampton, under the style and title of the Upper Mississippi company, one other tract of land described in the deed likewise deposited in your office.
That Wade Hampton being one of the associates in the said Georgia company, and Janies Gunn one of the grantees under them, stood seized as tenants in common, in fee simple, of the fol. lowing described tract (being part of that granted to the Georgia company) that is to say, beginning on the river Mississippi, where the latitude of thirty-three degrees twenty minutes, north of the equator intersects the same, therein running a due east course, (by lands conveyed by the said Georgia company to James Greenleaf) to the main Tombigbee river; thence, up the said river to where the parallel of latitude thirty-three degrees twenty minutes intersects the said Tombigbee river; thence, a due west course along the said parallel, being the distance of twenty-four British statute miles as aforesaid, north of the latitude of thirty-three degrees twenty minutes to the river Mississippi ; thence, down the Missis. sippi, to the place of beginning.
That the said Wade Hampton standing seized of the one equal moiety thereof, and James Gunn of the other half, the said Wade Hamplon and James Gunn, on the fourth day of February, 1797, sold to Hugh Rose, then in Philadelphia, one full, equal and undi. vided moiety of their respective shares, and interest in the last de. scribed tract (except one-tenth of the whole) which moiety should contain one million two hundred thousand acres, and for which full payment and satisfaction was made, as by the deeds and contracts accompanying this memorial will more fully appear.
That John B. Scott, being one of the grantees in the Upper Mississippi company, did on the sixteenth day of January, 1795, trans. fer and assign over to Wade Hampton, his heirs and assigns forever, all the right, title, interest and benefit which he the said John B. Scott as grantee or otherwise had or did hold in the said Mis. sissippi company, being seven twenty-fifth parts thereof, and John C. Nightingale by indenture, bearing date the seventeenth day of January, in the same year, did sell and convey to the said Wade Hampton, his heirs and assigns forever, all his right, title and interest which he as grantee or otherwise held in the said Mississippi company, being nine twenty-fifth parts thereof, by which the whole territory or tract of country granted to the said Mississippi company, was solely vested in the said Wade Hampton, his heirs and assigns, in as full and ample a banner, as the same was by the grant of the state, vested in the said John B. Scott, John C. Nightingale, and Wade Hampton, as trustees or otherwise.
That Wade Hampton, by indenture bearing date the sixth day of March, 1795, granted and sold to Adam Tunno, James Miller and James Warrington, their heirs and assigns forever, the whole of the said tract as contained within the original grant from the
state of Georgia to the said Mississippi company, with all the rights, privileges and pre-emptions appurtenant thereto. And that James Warrington, on the twenty-first day of February, 1795, sold and conveyed to Hugh Rose, all the right, title and interest which he the said James Warrington held in the said Mississippi company, being the one-twelfth part and the one-fifth of one-twelfth, making together one-tenth thereof, containing one hundred and fifty thousand acres.
That Hugh Rose, by indenture under his hand and seal, bearing date the twentieth day of February, conveyed to Valantine Jones, the one half as well of the one million two hundred thousand acres, purchased of James Gunn and Wade, Hampton (part of the tract granted by the state of Georgia to the Georgia company) as of the one twelfth and one-fifth part of one-twelfth of the tract granted to the Upper Mississippi company, purchased of James Warrington, so that the said lands are now held in equal and undivided proportions between the said Hugh Rose and Valantipe Jones, who have never conveyed the same or any part thereof to any other person or persons, nor have they received or authorised any other person to receive any part of the original purchase mo. ney from the state of Georgia.
That the said several tracts of land having been lately ceded by the state of Georgia to the United States, your memorialists have judged it necessary to lay this their claim before your honors, with copies of the several papers therein referred to, the originals whereof when called for, will be produced, and if it shall be thought proper by the United States, to grant a reasonable compensation in lieu of this their claim, they will be ready to treat for the same, at such time and in such manner as you will be pleased to point out. '
Attorney to Hugh Rose.
(B. No. 9.) Accompanying the preceding letter, (B. No. 1.) STATE OF GEORGIA. Articles of agreement made and concluded upon this first day of January, in the year of our Lord, 1795, between James Gunn, Matthew M·Allister, George Walker, Zachariah Cox, Jacob Wald. burger, William Longstreet, James Gunn in trust for his friend, Wade Hampton, as well for himself as for William Stick, jun. and Gideon Denison, all at present of the town of Augusta, gentlemen. Whereas the aforesaid persons did form themselves into a company, known and distinguished by the name of the Georgia company, for the purpose of purchasing from the said state, a part of her unlocated western territory, and on the written application of the aforesaid James Gunn, Matthew M'Allister and George Walker, for themselves and their associates, the before named persons did propose to purchase from the legislature of the said state, all that tract or district of country described as follows: all that tract or parcel of land including islands, situate, lying and being within the following boundaries, that is to say : beginning on the Mobile bay, where the latitude thirty-one degrees north of the equator, intersects the same, running thence up the said bay to the mouth of the lake Tensaw; thence, up the said lake Tensaw to the Alabama river, including Curry's and all other islands therein; thence, up the said river Alabama to the junction of the Cousee and Oak fuskee rivers ; thence, up the Cousee river, above the Big shoals, to where it intersects the latitude of thirty-four degrees north of the equator ; thence, a due west course to the Mississippi river ; thence, down the middle of the said river to the lati. tude thirty-two degrees forty minutes ; thence, a due east course to the Don or Tombigbee river ; thence, down the middle of sail river to its junction with the Alabama river; thence, down the middle of the said river to the Mobile bay ; thence, down the said Mobile bay to the place of beginning. And whereas, it has been found expedient to dispose of a considerable quantity of said lands to divers persons, for the purpose of raising a fund to effect the purchase of the same : and the said parties have also found it nee cessary to distribute to a variety of citizens of this state, certain sub-shares or quantities thereof, in order that the benefit of such purchase, if any there be, should be as generally diffused as possible; now therefore, it is mutually agreed upon, by and between the said James Gunn, Matthew M*Allister, George Walker, Zachariah Cox, Jacob Waldburger, William Longstreet, James Gunn in trust for his friend, Wade Hampton, as well for himself as for the said William Stick the younger and Gideon Denison, and their several and respective heirs, executors and administrators. for the better securing the remaining quantity of land, within the limits aforesaid, to the above named James Gunn, Matthew M.Allister, George Walker, Zachariah Cox, Jacob Waldburger, William Longstreet, James Gunn in trust for his friend, Wade Hampton, as well for himself as for the said William Stick the younger and Gideon Denison, and their respective representatives as aforesaid, they mutually agree with each other for themselves and their respective representatives, in the following manner, that is to say, that the said several persons and their respective representatives as afore. said, except the said William Stick the younger and Gideon Denison, who have transferred their respective shares to the said Wade Hampton, shall be, and they are hereby equally entitled to all the lands that may remain unappropriated and undisposed of, and also to any surplus which now is, or may hereafter appear to be within the limits before described, share and share alike, as tenants in common, and not as joint tenants, and all expenses and disbursements which have taken place, or reasonable charges which may hereaster accrue in carrying the disposition of the company into effect, shall be borne by the said parties and their respective representatives equally, and the profits or produce of any sale, which shall be made at any time or times hereafter, by direction of a majority of said company, or their respective representatives as aforesaid, of any part or parcel, or the whole of said land, shall be divided between the company and their respective representatives, share and share alike as aforesaid : and further, it is the true intent and meaning of these presents and of the parties hereunto subscribing, that the said parties and their respective representatives shall be equally benefited by the purchase of the aforesaid territory, and shall share in all respects the same advaniages or disadvantages. In witness whereof, the said parties have interchangeably set their hands and seals, the day and year above writ, ten.
For self and friend, (L. s.)
(L. S.) WADE HAMPTON, (L. S.) Scaled and delivered in the presence of
T, SUMTER, Junr, The word “ therein” interlined in the twenty-seventh line of the first side ; also the word “respective" interlined in the twenty-fourth line of the third side.
WHEREAS, since the execution of the annexed instrument of writing, the legislature in and by an act passed and dated at Au. gusta, the seventh day of January, in the present year of our Lord one thousand seven hundred and ninety-five, intitled An act supplementary to an act for appropriating part of the unlocated ter. ritory of this state, for the payment of the late state troops and for other purposes therein mentioned ; declaring the right of this state to the unappropriated territory thereof, for the protection and support of the frontiers of this state and for other purposes. The land included within the limits described by the annexed agreement is sold unto James Gunn, Matthew M'Allister, and George Walker, and their associates, the Georgia Company, being