Details
RUTLEDGE, EDWARD, Signer (South Carolina). Autograph letter signed ("Ed: Rutledge") to an unidentified recipient, n.p., February 1790. 2½ pages, 4to, the second leaf neatly inlaid, enclosed with an engraved portrait in a custom-made brown morocco folding case, upper cover gilt-lettered and with Great Seal of the U.S..
RUTLEDGE ADVISES A LANDOWNER THREATENED WITH CONFISCATION, "SO REPUGNANT TO EVERY PRINCIPLE OF JUSTICE"R
A fine letter expounding at length on the legal question of lands being granted by the legislature even though another settler has been in "quiet possession: "...I presume that the question at present under Consideration is, whether a Grant shall pass to the Person who claims your Land, & that you have entered a Caveat against its passing. Should the Governor sign the Grant, I am of opinion that you should never the less keep Possession, & in the event of being sued, try the Cause in the Federal Court...But I am in Hopes the Governor will not grant the Land... When our [South Carolina's?] land office was opened in 1784 the same line...was attempted with us, & grants were very injudiciously made of very valuable lands, because the possessors had no written evidence of their title. But it was so repugnant to every principle of justice -- that one man should reap what another has sown -- it was so contrary to the intention of the legislature...[that] I brought in a clause...declaring five years actual, quiet possession was a good title to Land...This law met with the unanimous approbation of both branches...[I]t...secured peace for our to the state & property to the real owners. To secure to a man the Fruits of his Industry is so consistent with sound policy...you must ultimately succeed..."
Rutledge's ALSs are relatively uncommon.
RUTLEDGE ADVISES A LANDOWNER THREATENED WITH CONFISCATION, "SO REPUGNANT TO EVERY PRINCIPLE OF JUSTICE"R
A fine letter expounding at length on the legal question of lands being granted by the legislature even though another settler has been in "quiet possession: "...I presume that the question at present under Consideration is, whether a Grant shall pass to the Person who claims your Land, & that you have entered a Caveat against its passing. Should the Governor sign the Grant, I am of opinion that you should never the less keep Possession, & in the event of being sued, try the Cause in the Federal Court...But I am in Hopes the Governor will not grant the Land... When our [South Carolina's?] land office was opened in 1784 the same line...was attempted with us, & grants were very injudiciously made of very valuable lands, because the possessors had no written evidence of their title. But it was so repugnant to every principle of justice -- that one man should reap what another has sown -- it was so contrary to the intention of the legislature...[that] I brought in a clause...declaring five years actual, quiet possession was a good title to Land...This law met with the unanimous approbation of both branches...[I]t...secured peace for our to the state & property to the real owners. To secure to a man the Fruits of his Industry is so consistent with sound policy...you must ultimately succeed..."
Rutledge's ALSs are relatively uncommon.