State of Georgia Legislature to Wright Grooms

ACTS OF THE GENERAL ASSEMBLY OF THE State of Georgia. PASSED IN MILLEDGEVILLE AT AN ANNUAL SESSION IN OCTOBER, NOVEMBER AND DECEMBER. 1830. 
RESOLUTIONS WHICH ORIGINATED IN THE SENATE. 

1830 Vol. 1 -- Page: 235

Sequential Number: 175

IN SENATE.

The committee on the Judiciary, to whom was referred the communication of the Governor, on the subject of certain lots of land drawn in the lottery authorised by the acts of eighteen hundred and eighteen and eighteen hundred and twenty-one, and which have been relinquished to the State, Report:

That the exclusive right to the following lots is in the State by voluntary release, executed by the persons drawing them, to wit: -- Lot No. 242 in the 7th district of Henry county.

396 16 Henry 
30 17 Henry 
161 1 Houston 
101 8 Houston 
127 6 Dooly 
251 6 Dooly 
220 10 Habersham 

That lot No. 244 in the 7th district of Henry county, was relinquished to the State by Wright Grooms, the fortunate drawer, and afterwards, on the 31st May, eighteen hundred and twenty-five, a grant was issued for the land -- That lot No. 108, in the 15th district of Houston county, was relinquished by Green Wamack, and afterwards on the 26th November, eighteen hundred and twenty-five, a grant was issued for the same land.

The committee believe that the voluntary relinquishment or release by the persons drawing those lots, conveyed full and absolute rights in the land so released.

In relation to the two lots which were granted subsequent to the relinquishment, your committee are of opinion that such grants were issued inadvertently, and are void -- The right of a government to vacate its grants that issue through ignorance, mistake or upon fraudulent representation, is undisputed. In these cases, the fortunate drawers, after their relinquishment ceased to be entitled under the act, to the land in question, and grants issued under the circumstances, must be subject to the objection that the Executive was imposed on, or was mistaken in the issuing of grants.

The fact of the relinquishment authorises the belief that the lands were so worthless, as to induce the dereliction for the sole purpose of exhonerating the drawers from the payment of taxes. Under this opinion, your committee, notwithstanding


Page: 236
their conviction of the right of the State, believing that the lands are not of sufficient value to justify legislative interference, and the expenses of a sale, deem it inexpedient to adopt any measures for the vacating of the grants herein alluded to, and for the disposition of the lots, and pray to be discharged from the further consideration of the matter submitted,

Read and agreed to, Dec. 7, 1830.

THOMAS STOCKS, President.

Attest, JOHN A. CUTHBERT, Secretary.

In the House of Representatives,

Read and concurred in, Dec. 22, 1830.

ASBURY HULL, Speaker.

Attest, W. C. DAWSON, Clerk.

Approval Date: [missing data]

[Georgia Legislative Documents],
[Georgia Department of Archives and History],
presented in the Digital Library of Georgia

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