Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-15

S'T Iorce her right OF presumption from
the Indians. This threat can have no eff.
ieft IN deciding what claim a citizen has a.
gainSt the state, who has surveyed land
as vacant, has paid for it as vacant, xot a
patent without warranty, aud lost II af-
forwards, there being superior claim.
4. We will next enquire into the y, J..
oaole consequences Of the measure propo-
sed, to wit: that the state take upon her.
self the defence Of this suit. have two
objections.
/. Because the state ought not 10 be-
come party, or maintain party, in the
Federal court.
2. II would form precedent on which
o'iier heavy claims upon the common.
wealth might be made.
l. Isl proper that the great, the pow
ertul, The sovereign state of Virginia,
should interest herself ina Cause in the
Federal Circuit Court of Virginia, where
one OF her citizens is judge
The laws of England will not suffer
'2'oFrfaf man to interest himself, and main
tain another's cause, unless he is himself
Interested.
What would be the case of Judge
where his state maintains one of the par
ties before him IF he is a friend to his
country, Virginian " in heart * in senti-
ment," he may be biassed to decide in ia
vor OF the party she maintains. If he is
untriend!y 10 the state, to her legislature,
10 her policy: IT he wishes to mortify that
party which guides her counsels if in
short he would hnm6ic her what an oppor-
tunity will be afforded him WHEN she shall
let herself down from he: diguiied slati-
on and become s,4LhAGnt for j::qfice 6,fore
him. In either case, it is not likely that
the interference of the omnonwealth,
viii promote the impartiality OF the deci-
sion of the question.
.. Our interference, ifnot maintenance,
would be an admission that we are int.
rested. We ought not TO make that adj
mission unless we hold ourselves respon-
slbie, * ready to pay . millions OF dollars,
should the Federal Court decree against
the petitioners.
Should we employ counsel to defend
this suit in the Federal Court, it would lac
strong argument against us al 4 future
day, thst we sJere bound 50 to- dc. In
truth we have no right to touch Il cent of
public money bus for the f,uthc ii,tcrcst
How can it be said it is for the hn5Ec int
rest TO ex?cnd this money in defending a
cause which the State is n1f 6o,ald 70 de-
JehH An appropriation of this money
would be Legislative affirmation that the
STATE 7szs 69uni TO defend the titles OF the
people.
This proceeding by the present !eg:s!a-
ture would be relied on at some future
day, as the ACT of l779, declaring that the
state would maintain what WAS thought
her own light, 10 the utmost of her power,
is now relied on 10 make her maintain the
titles obtained under her laws,
z would he argued tina: the legislature
had understood, The state was to make
good the titles granted by her governor.
. And as the settlers there now say, that
they acquired the lands because the state
declared she had right to them so fu
ture purchasers of lands there would say
hereafter, that they had purchased, be-
cause the stale had taken upon herself
tue defence of the cause in the Fed eral
Court.
s. 1t is in no wise necessary We should
interfere The Indiana Territory CON
tains twelve millions of acres, inhabited
by thirty Thousand persons, who pay a
revenue OF eleven thousand dollars. IIle-
ven hundred dollars will employ The bes;
counsel. So that if every man will pay
but the tenth part Of the amount orhis re-
venue tax for one year, sufficient sum
viii he raised.
Oar interference can do no good ii
may do much harm TO the state. Let us
not iaterfere.
The memoriaIist mentions his expense
and trouble. He has done nothing but
employed counsel. He has discovered no.
thing. The deed Of 1913 was discovered
III i79l, as a copy of it. filed among the
proceedings ofIh year, proves. 1t was,
no doubt, well known long before that time,
among those acquainted with the former
transactions ofour government. It is men-
toned in Mr.. Jeiferson's Notes, which
were written more than twenty years ago.
In fact, we have been told that our as
sistance is asked upon the ground that we
are bound 10 support the titles the state has
( granted. Upon that ground, 7 Object to
J giving any thing. Iron that ground wegive
/ our aid, how can it be receded from here
! after?
therefore hope, Mr.. Chairman, the
memorial and petition will be rejected ;
and | move that the committee agree to
n l.