4421. LANDS (Public), Squatting.—[continued].
There is indeed a clause
in the act of Assembly which might, on first
view, be thought to leave an opening for the
introduction of force. It is that which says that
judgement be rendered, if possession be forcibly
detained by the party against whom it is,
restitution may be made by the commissioners,
or by any justice, in like manner as might be
done in the case of lands holden by grant actually
issued; a clause very necessary in our
other western country, but not at all applicable
to that part of it claimed by the State of Pennsylvania.
By the laws of this Commonwealth
(the same in this instance with the English
Law), even in the case of lands holden under
actual grant, no restitution can be made after
three years peaceable possession, a term much
shorter than that of any bona fide possessions
in the disputed territory. The latest of these
must be of six or seven years' continuance, the
present dispute having so long subsisted. The
expediency and necessity, therefore, of the general
measure of establishing this temporary
Court, I doubt not but Congress will perceive
and though it is to be wished that the disputed
territory had been excerpted from this jurisdiction,
in order to avoid everything which might
give jealousy or uneasiness to a sister State, or
which might lead them into an apprehension
that we meant to do any act which should
wound the amity between us; yet I hope when
Congress contemplates its effects, they will be
sensible that it only amounts to a settlement on
paper of the rights of individuals derived
from this State, and that no man's possession or
quiet can be disturbed in consequence of any
proceedings under it, until our Legislature
* * * shall have had time to settle finally
with them this unfortunate dispute, or otherwise
to provide against the evils they have
apprehended.—
To the President of Congress.
Ford ed., ii, 294.
(Wg.
1780)
See Earth, Generations, Western Territory.
