Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-19


of the compact, could have been considered
at all involved in difficulty or obscurity. Bu
IN this, however, he had been disappointed
he had found gentlemen contending that thcst
laws were right, and that they were not an in.
iringement OF the compact. To a Just under
| standing Of the subject il was necessary ti,a
the committee should throw oil, as far as pos
sible, the powerful impression made ON thcil
Judgment and feelings by the eloquent speech
es delivered by the commissioners from Ken
lucky. He did not think it would be becom-
ing IN any member that House to undertak e
To answer fully the matters of fact and argt,-
ment to which they had referred but it was
proper to examine infinitely the laws by which
Kentucky had become am independent state,
and which she had since passed.
He commended that according to the true
understanding and meaning of the compact,
inc laws OF Kentucky were in violation of it.
What was that compact? Was it not such a
one as it was lawful for Virginia to enter into :
IL kentucky had not entered into it, would
she have been bound by it? Was it calcu-
lated TO take away her Sovereignty over her
territory and citizens No; it contained con-
d'tions which Virginia had right To require,
not like the conditions proposed to be imposed
upon Missouri. At that time the dominion of
he soil was in Virginia, who had not passed
IL. IL was not competent for Kentucky or
The U. ). 10 require as matter of right, that
Kentucky should be admitted into the
Mon. She could come into the Union in
no other way than by the consent Of Virginia.
She gave that consent, but took care ti,at
the contracts entered into by her should be
held sacred, and that the rights of her citi-
zens and soldiers should be secured. She
did so, but net from any suspicion she enter
tanned towards Kentucky; she knew what
was due to herself and TO her citizens she
also knew 1t might becOme the interest of
Kentucky TO pass laws affecting the interest of
her citizens, and her duty was TO guard them.
The compact itself shows that this was the
m"tve upon which it was in part formed.
ne read the 4th article which provides that
kentucky under certain limitations shall not
tax the lands of non-resdents higher than
those of her own citizens sc. Why, he asked,
was this provision Was it not the fear, that
by possibility, Kentucky might exercise the
right vi taxation, which otherwise she would
have possessed? He read the 9th article,
which cxempts, from the control 0flKentucky
until certain period, the INDICATED lands APP
proprated for military or other services SIR.
Why this provision, if these lands were an
proprlated Ii by the laws OF Virginia they
belong To other persons, why should Virginia
stipulate that Kentucky should not interfere
with them 1t was feared that Kentucky IN
exercising her sovereignty, might do wrong,
ana twas made one of the conditions upon
which she was admitted into the Union. This
condliioi did not grow out of any bad opinion
OF the inhabitants of that state; but it was
Known that man, where interest was concern
tel, was the same in all ages that whatever
he wished To do, he always fJ:ind the po,per
ot doIng-it was To take away that power
lisat the compact was entered into and it
had been not only ratified by the parties, but
had been confirmed by The government of the
United States. He read tie Sd article of the
compact tn show that the Object of Va. was
That The contracts she had entered into shsuld
be fulfilled, and that the rights of her citizens
sh@illd he secured, moi at the moment of the
separation, but at period of time posterior
to the Independence Of Kentucky. Is it pos
sble to believe that this provision was inten-
ded to he obligatory as IA principle of univer-
sal law, operating like the treaty with Spain
tor the cess0n of the Floridas, as il regarded
titles to land ? If so, it WAS only necessary to
| say that Virginia titles should be decided by
Virginia laws up TO that time. But this was
not the language of the compact. 1t was that
they should " remain valid and secure under
the laws of Kentucky, and shall he determn-
ed by the laws then in force in Virginia" He
said Kentucky had always understood the
compact as he did, and had acted under the
exposition which he had given of it, AS a
proof OF this, he referred to the condition OF
the land titles when that state became indie
pendent. Some of them stood on locations,
some on surveys not egistereti, others were
registered, but not patented She permitted
these titles to be perfected, in compliance with
the letter OF her undertaking. What would
Virginia have said to her.; if she had acknow-
lodged the legality of the steps which had bees,
taken, but in exercising the right of dominion
which she possessed over the soil, .had denied
! the Just demands of the claimants and allow
ed her own citizens to locate the land OF
have disposed of it in any other way ?-Ken-
lucky knew what was intended by both par
ties; she was governed by the compact. Do
you think that If she had felt herself ut liberty
she would have acted as she did Would she
have permitted even the few military sur
veys which werernade on the south side o.
Tennessee river? If it be intended to be as.
serted that Virginian citizens have no right
except such as the Kentucky laws after the
separation may allow, then indeed Virgnit
has provided for nothing. All her solicitude
in behalf of the war-worn soldier has proved
| unavailing.
The occupying claimant laws OF Kentucky
have said that If man settle on and improv,
land acknowledged to belong to a citizen OF
| Virginia, the owner must pay the value oftht
improvements. He must pay for every tree
which has been cut down, for every cabin, fol
every apple tree, &c. the value of which is to
be ascertained by Commissioners appointed
by the court. Under this system the claims
our citizens 10 Kentucky, he said, were lttl,
more than shadow. If Kentucky can de-
clare that commissioners may go on the land
and value the Improvements, the Legislature
/ might value them by law with the same pro
priety for that which the legislature could dc
by others, it could itself do. And ifthey wer,