Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-01-12
A SUBSCRIBER.
abingdon. 2lst reeember. 1904.

lie. NtDfc ih1Ve TenScteQ on the claim
OF the Loyal Company, arm the better
convinced that il has not been sufficiently
stirred in the General Assembly, or in the
Superior Courts. To enable them tn per
celve its ialustics. The snphistry and fraud
ny which it has been supported, or its per
n'c'ous operation upon the vested rights oil
individuals, by occupancy, il admitted in
the latitude contendsd for By III. campa-
ny. | am also we'll satisfied that il de-
rives little or M support from III. act OF
1888, and that 1t cannot he sustained by
the decree of the Court Of Appeal. ofthe
I'd of May, in The same year.
The PRIMARY question in the coutrover-
sy between the ss,ilrrs aud the company
is; was the claim Of the lat.erby surveys
made in IVA aud i77s after their grant
had expired, without being renewed, (" a
legal right or legal claims" by the first sec
lion of the aet OF lT7e Allthc Other points
in the discussion are subordinate, leading
to a correct conclusion on the FIRST, within
which the others arc oompsized. 1t may
he necessary 10 no.ic- some OF them for
the purpose OF Illustrating the fraud and
injustice By which the company hasliither-
to supported IL.
To prove thst il was not g a legal right
or legal ciaim."i, is sufficient to recur to
the 6rst section oeihe aGl, and from thence
twill nanifesily appear. that suc., surveys
by orderof council or entries in the conn.
Gil books, only, as had been made duriag
the time the order or entry remained in
force, the terms OF which had been com
piled with, or the tine for performing The
same uucxpired, we're thereby declared
to be good and valid. Surveys made 10
iT74 and i775 having been made after
their grant had expired, and at time
when there was no authority Cor n aking
surveys, was by the Sd section Of the ACT
declared to be null add void. Hence i, is
evident, thar !, was nat at the time OF pass
ing the aa of 1879. "alcgalrght or legal
claim" and that by the operation of the
4thsectioo, the rights ofses.,evs were CON,
p,-teiy vested, and that the genius Of our
government and indeed thcconstitu,ion it,
self will nov warrant nor suffer them 10 he
Invested thereof, without being made par
ties in the ding, and without trial
according toEaw.
Tie powers transferred 10 the Cnurf al
Appeal, By the 10th seSlion oc the ati OF
1879, were not iudieial; brit if they hsd
bern, it surely coald not be the Intention
OF the Legislature 10 eniark- their power.
20 an unlimited discretion over the sub.
ject referred 10 them, 50 as 10 create
rights or give validity to those which had
been discouniennnced and unsupported by
law. This world be such a blending OF
the powers OF the two branches OF our
government as is forbidden by the
constitution. The jurisdiction given to
the court by the Legislature it is hambiy
conceived was % select such surveys as
had been declared valid By the a6t, and to
reject such as had been declared null and
void. A formal decree in case which
only required certificate To this effeGl,
that they had heard the claim upon such
evidence as the nature Of the case re-
quirsd, and from thence i, appearing thar
the surveys in l7y4 and l775, were made
during the timcth order OF council was in
force, & thai the claim stood established by
the list scctionoflhe act, shcws how imp :
fecily the principles aud their effects, Of
the s@ OF l77g was thea understood even
by the Judges Of the Court of Appeals.
And unless thsy had certified that the said
surveys were gnod and valid by the Ist
section of the sod acl, II conld not become
such a claim as 10 exclude the settlers
wholly fr.rn ihc operation OF the 4ih sec
ton or from the juri>dietion Of the COM
snissinners whose certificates were to re-
main in force. However, if they had
granted their certificate in this firm, and
omitted mailing a decree, as they should
have done racls world have contradisted
their certificate. BIT 10 sVoid dis pslpa
III. incnrsis,ency what has been done
They have expressed an eqrivocal opiai
on in the form OF a decree, without eyi.
dence, Notwithstanding the facts stated in
the con- pany's petition, though plausible
wefe not true, that a certain claim by sur.
veys made n wa and l775, ought 70
he confirmed" wflch ny remote implica-
tons and unwawaniabie constructions CT
the company has been made to import e
very tb:ng necessary FOR an incontest
HE establishment Of their claim in the
most extensive latitude for which they
contend.
The words ought to be confirmed"
may signify hat the claiD ought to be
confirmed s6the settlers, IN whose names
the surveys were made, and which proves