Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-28

felt assured of Inc snfficiency OF good land,
for that purpose; and upon the faith of t.at
assurance, consented to the law Howevr.
this may be, IT is not credible that the Vi.
gina legislature would ever have'consepted
IN act OF such glazing injustice to their pee,
liar troops aud under whatever mistake In, :,
may have acted, the equitable claim on Coz
Sress, to supply the actual deficiency, wouli
seem to be Irresistible. This claim is render
ed stronger by these considerations--thas
when the resolutions of January, 1881, were
passed, no appropriation oflands on the south
east side of the Ohio had been made to the
military claims, except the lands between
Green river and Tennessee that this appro-
pr'atIon was not for the continental truops.
exclusively, as the act of cessiOn would seem
10 IMPLY, butNvas Jointly for the continental
and state troops that the lands west of tho
tennessee were subsequently, appropriated
Jointly to both lines ;-that as by the act OF
cession, the continental troops had two funds
OUT oil winch to satisfy their claims, whilst the
state troops had hut one, a very familiar rule
OIL equity would have required that the CONT
mental troops should have taken 50 much only
from the common fund, as would have left a
sullicency to satisfy the state troops, and
should then have resorted for the residue of
Their claims to the exclusive fund on the
northwest Ofthe Ohio that if i'm violation
OF this rule, the continental claims have been
satisfied from the fund, which should have.
been dedicated to the state claims. these. i'm
their turn, should attach upon the fund, which
onSht to have been applied, in satisfaction of
the continental claims.
While the lands west of the Tennessee re,
manned locked up by the Indian title, the Gem
erai Assembly were not uhmindfu of,the duty
wnlch inns circumstance imposed upon them,
OF pressing upon the consideration of Con-
gress, the justice of IA suitable provision for the,
dissatisfied claims OF the state troops With
this object, they passed certain resolutions in
February, 1911; and with the same object.
the proprIety of distinguishing the Indian title.
10 the lands west of the Tennessee has been
urged upon them. Congress has NOT VET
made an appropriation in the north-western
territory, Tor the satisfaction of these claims {.
nut they have by treaty with the Chcka-
saws IN the year 1915, extinguished the In
dlan title to the lands west ofthe Tennessee.
n''s' after the expiration of more than thirty
SIX years, from the time when these lands were
appropriated 10 the satisfaction of military
claims, have they become the subject of prn
perry 10 citizens of the United States.
Kentucky has regarded all locations m,dA
upon these lands by military warrants prior
to the first of May. 1892, as vesting property il,
the locator, which entitled him or his renrc
sehtatives To grant for the land located Ac
coruinSiy, by an act passed in December. 1920
the legislature of that state has provided fn.
surveying and granting patents upon these 10.
cations. This act declares, that every pafenf
issued upon any such survey made variant. il,
any manner, from the entry, shall he void. tn
me extent On such variance; and further pro.
'ioes, tfat II any person, entitled to plat and
l,f cIlrx 4
act, shall fail To take the same from the sur
Veyor's Office, and cause it TO b.. returned fo
tue registers office, on or before the first dov
OF January, lSa5, the right To the entry. on
Whch such survey was made and 10 The land
lhereln described, shall be considered lnpse,l
ana forfeited to the state with IA saving TO in
iants, femes covert, and persons of unsound
ihhd, OF two years, after the disability re-
moved.
THIS act provides no authority for re-s,lr
VeyInS, when the survey shall have been made
variant rom the entry, and no authority to
Withdraw and re-enter any warrant. located
on barren land, or located so as to interiors
with other locations
The Legislature of Virginia, acting undera
sense of duty to most meritorious class of
people, whose rights had been so long and in
l,,!!fionsiy delayed, and who from the probable :
dispersed situation and Ignorance of their
rights, might be unable to attend 10 their own
interests passed an act, at the last session for
'he appointment OF an agent, at the public
expense, to superintend the surveys of such
military claimants, as should not conlide their
interests To any other agency. To the vigi-
lance, hdeiIty and zeal of the agent appointed
under the act, the General Assembly owe the
report, winch enables them to form some es-
tilAate of the losses, which the military
claimants will probably sustain, unless Ken
tucky shall adopt some means to avert them:
ana which makes manifest the very high OBJ
I5atton. which Virginia owes TO the claimants
i'n,ier her laws, TO use every effort in her now
er 20 secure their rights.
Ii appcars from this report, that there have
been located WITHIN the military district west
oil me T"pnes5ee, 261 $40 acres of land. under
warrants, TN favor OF the troops on state estab-
of these locations, "A portion.
not exceeding one third, will fall on
good lands, the title whereof is without diff
Guilty that owing to the particular dsadyan.
taSes, under which the entries on military
warrants were made, and the circumstance that
ana ONCE treasury warrants had been locat-
sa 10 considerable amount within the same
district, anil the great lapse of time. which
has rendered descriptions uncertain and proof
iilicult, much the greater part of the locations
made on military warrants, within this dis
irlct, will be rendered worthless or worse than
worthless, falling either Oil barren lands, beds
of rivers, irrecaimabIe marshes, or on the vet
more rrcclaimabIe bog of hopeless litigation.
Ii moreover appears, from this report, and
rom the document furnished by the register
Of the land Office, that considerable amount
ol military warrants issued under the laws of
Virginia, remain yet INDICATED.
by the registers statement if apDears. that
prInr fs bp fret nc W., Il