Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-03-02

IL was truly calculated To disparage the
sovereignty of the state, and ,lisQualify her
rom making any appropriation of The surplus
lands. The rights of the officers and soldiers
OF both lines, were thereby saved to them and
their representatives, and it was expressly pro-
vided that they should not Ire restrained or
amifed, as 10 time an nniking her locations ana
surveys, by any hing IN that dcf or by ann aci
o. ne proposed state, ioathom The. future consent
ofMe legislature Of piffginia. If this saving had
been agreed to, the rights of the military claim
ants, might have remained unascertaDpd and
uoIocaied forever Kentucky could have
adopted no means, however just x reasonable,
10 have ascertained them and compelled their
location, without submitting to the hunilia-
tion OF procuring the assent of co ordinate
sovereign. To have Insisted ON this saw
ing, on the part of Virginia, would have been
AN unSenerous manifestation of 6is!rust in the
good faith with which Kentucky would exc
! cute The third article, which provided pro-
lection, Tor all private rights and interests
10 have Submitted To- it, on the part of Ken
.,cky, would have been TO acknowledge the
justice oi Tins dIstrust. Virginia, therefore,
promptly and properly, yielding TO the Justice
of the Kentucky reuionsti ance. recorded her
retraction an the preamble her statute, and
was contented TO leave the inchoate military
rights, To the same protection, which guarded
an other rights acquired under her laws Let
u be remembered that in this very saving
the un!ocated military claims, are treated rs
rights To lands" under the donations of Ibis
commonwealth ;--thatthe Kentucky memorial
states N" objection 10 This view 'of them.
and complains only ofthe degradation implied
10 lnS provisions, and the disability which
would be thereby produced, 10 epinv the sur
plus lands, " ,chich a, equiiy Mey are entitled
TO-" And let il he remarked, that if These
cialrns were rights, there could he but little
pretence to an equitable title, OIL the part of
kentucky to defeat them and that though.
indeed, she might have an equitable title To- the
| surplus, 1T would not be tn that surplus
which, should he created by the destruction
OF me military bountirs, but that, which
should remain after satisfying them.
This view of the subject seems to denriv.
these clrcumstancesofal power to support The
argument, which would maintain the surrcn-
ger OF the Indicated rights, and even to derive
rom ,hfm, some support to the proposition,
mat THESE rights are placed under the PRO
tecuon OF the 3rd article of the compact.
me rights of the military claimants, under
INDICATED warrants, being thus ascertain
ed' brief application of the doctrines add
Vanced IN support of them will ascertain tho.
character and extent nf the several descriptions
oil claim, above enumerated.
First, as To the Indicated warrant,-cr,nt-
May, 1892 o' f'''' '"
1nfse constitute an available claim on the
sood iaith OF Kentucky, for adequate provs-
| IONS ny law, whereby they NAV be- oc,trJ
within the military district, SURVEYED and ma.
tented The existing laws are moi considered
adequate to the enforcement of these rights
nri"rc TIE lndlcial tribunals. The laws of
Virginia having no longer any operation in
Kentucky, except SD far as to ascertain rights
| kpI =.
rIsed 10y her laws TO receive locations, make
surveys, or grant patents, on these warrants. !;
IS hriievrd that the process of mandamus
would not lie, and that there is no other ade-
| quatc Judicial proceeding.
| oecondly-As 10 the warrants issued since
the first of May, 1892 It is believed that
when the power of Virginia over this subject
ceased, as TO other acts necessary TO consnm
mate the claims, it ceased also. as Il, granting
warrants, the evidences of these claims. These
! warrants then have probably been iT~guIary
granted and, as evidences in asccrtainin,r M
tiiie, can claim only that respectful consi.lera
ton, TO which they may he entitled. by the
circumstances under which they have been
granted.
| The cifrns, however, cannot lie regarded
as lost or abandoned, and good faith seems tn
| require of Kentucky, the establishment of q,
reasonable rue, whereby the right NAV be
dSCeFtdlHtu, auu contaminated
| Ihrdly-As 10 the claims for which M
warrants have yet issued some such vet PRO
baby exist-hrt the great lapse of time. since
| these rights accrued, will no doubt present
much difficulty in ascrrtaining fhem,and would
justly on the part of Kentucky. great caution
I'D establishing the rule of evidence which
should sanction them. But, The hnpelcssness
| Ol these claims, under the cjycIInstasccs oc
Indian title to the land, and the Kentucky act
| OF 1892, lnhibitng their ncafion together will,
the probable dispersed situation, ig1orance
| ana poverty of the claimants, cunspire with
| the sacred origin Of the claims themselves. Ia
! recommend them, 10 Il fate less harsh. than
condemnation without hearing recommend
| Them to just ard prudent pro, ision which
guarding viSiIantly against imposition, would
sanction item, when clearly established.
FOurthly-As 30 the warrants which have
been located an1iss if The warrants NOT lo
Gated ut all, give an available claim on the lp
! Sisiature of Kentucky, those which have been
/ SD located as NOT TO give the good land. which
| Tie proprietor of tlip warrant was entitled to.
certainly furnish much stronger claim, for
reasons already sufficiently disclosed. And If
the claims upon INDICATED warrants. cannot be
enforced before the courts, neither could
/ thesr Tor there IS the same want Of provision
! Ior ihrIr location and The same absolute in
| terdict III the Kentucky statute nf 1892
fithiy-As TO the Warrants which have
been located correctly, and Surveyed under
the late law Of Kentucky, some .emarks arc
called for, by the provisions Of that law.
IL Is not intended to question the right Of
Kentucky to enact reasonable and Just proyi-
sions IN order 10 assure prOpricty in the sur
! Veys, and To limit the fine, within which they
should to returned to the repisters o(ice :