Public Good, Being An Examination Into the Claim of Virginia to the Vacant Western Territory, And of the Right of the United States to the Same: to Which Are Added, Proposals for Laying Off a New State to Be Applied As a Fund for Carrying On the War, Or R

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Having thus shown the confused and various interpretations this charter is subject to, and that it may be made to mean any thing and nothing; I now proceed to show, that let the limits of it be more or less, the present Virginia does not, and cannot, as a matter of right, inherit under it.
I shall open this part of the subject by putting the following ease : — Either Virginia stands in succession to the London company, to whom the charter was granted, or to the crown of England.
If to the Londo
...n company, then it becomes her, as an outset in the matter, to show who they were, and likewise that they were in possession to the commencement of the revolution. If to the crown, then the charter is of consequence superseded ; because the crown did not possess territories by charter, but by preroga- tive without charter. The notion of the crown chartering to itself is a nullity ; and in this case, the unpossessed lands, be they little or much, are in the same condition as if they never had been chartered at all; and the sovereignty of them devolves to the sovereignty of the United States.

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