Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-16

TWO :tiiu Ut all times WHILE.
partial tribunal provided for by the compact ever
subject of complaint and difference of opinion com
tcn!aied by il, which may ANY time ,,,h,ppiIy
cur sctactipg under the Impression, that the conSii.
tuition OF bodrd Of commissioners Tor III. purpose
90 ns,dering the uccupying claimant alone, wo,i
he wholly nnIr,iiii9s, ini that Kentucky il~ a
thor>ed It's appointment for amy other ohjecis, they
deem II their duty also Ia decline ths proposition.
Resoired therefore, d,e opi,,i0a Of tie General
.7Sscnibty, That It is nexpedien acrcdr the
cond proposition submitted TO them by Henry Clay
and George NJ Bib, E>quires Commissioners on
the part Of the state of kentucky.
| Mr.. .Ifori1S disclaimed an intention of enter
ing into discussion uf the subject at present !:
but would explain his views more mt large
than the paper did. As tn the first proposition,
he thought no declaration could be made by
Virginia which could or ought to affect the
existing rights of her citizens; for it was the
province OF the Judiciary to decide on the
compact, and not of the legislature. He hal
at first entertained the idea that Virginia ought
not to express an opinion; but as one had
been asked by the commissioners, and as the
silence of the Legislature might be misconstrued,
| II was due To candour to meet the question
| tairly-it was due alike to the interest of the
people and to the respect which ought to be
shown to the commissioners. He thought If
| the occupying claimant laws ofkentucky were
now TO be repealed, every title would remain
| the same as now; subject to be decided on by
the courts of the country. But he said there
were other subjects growing out OF the COM
pact more impOrtantthanthe occupying claim
ant law, upon which Virginia ought to call On
kentucky for an explanation. He did not
consider the powers ofthe commissioners cx-
tended to these subjects, and they had only
asked the appointment Of a board for the limit
ed purpose of investigating particular SUBJ
Ject IN which Kentucky was mostly, if not en-
| tirely, Interested. He could not agree to the
appointment of commissioners, or the iorna-
| ton ola board who would he incapable of doing
| ample justice to both states, and of taking in
to their consideration the whole of the griev-
| ances complained of by both. Entertaining
these sentiments, he could not agree to either
| OF the specific propositions which had been
made When the House should understand
fully the situation of our military claims, when
| they shall have had better opportunity of
understanding the various laws Of Kentucky
on the subject, he hoped they would be- dis
posed to send to Kentucky, commissioners to
ask the repeal Ofth0se laws, or the appoint
| ment of a Board to consider all the subjects of
grievance growing out of the compact, and af
fecting either state
Mr.. LoveN was not in favour Of the original
proposition nor ofthe substitute, and offered
| as an amendment To the original, the following
The Legislature Of Virginia DESTROYS of cutyaiing
has heretofore subssted between the ofVirgi
MA an, Kentucky respectively, aud for the purpose
also OF shelving the good faith with which She AT
all times ready TO comply will, the conditions of the
compact between this state and the state of Kentucky
| DO resolve as follows:
Resoirrd by The General assembly OF the Common
,oedhh Of pirginia, That commissioners be APP
pointed on the part of this commonwealth, who shall
have full power and authority, with commissioners
TO be appointed in the directed by the CON-
pact aioresad and who shall possess like full pow
ers, to determine all matters OF complaint and DISPUTE
arising under the said compact.
ReSofced, That the said commissioners, shall in
no wise act, unless ii shall be with board of COM
missioneis, of whom are 10 be appointed ly the
state of Kentucky, unless the said commissioners
shall he invested with the like full powers hereby Civ
en- 10 the commissioners appointed behalf OF this
commonwealth.
Mr.. LoveN had heen somewhat taken by
surprze In the course which the business had
taken. He had expected the original PROPOSE
ton to have been supported by argument, and
that he would not have been called on in the
ncipient stage of the proceeding to have snb-
mited his own proposition, and have support
ed il by argument He would now submit
his proposition to apprise the House of the
course which he intended to pursue. He said
it would be recolected that whether true or
false he would not say) complaints existed i'm
the country that Kentucky had not complied
with the compact-and that session after SEES
sion the subject of our military lands had been
presented to the House, who had been repeat
eddy called on to interfere in respect to them.
lfthis was the only subject, he thought it would
furnish reasonable ground for the legislature to
act as under the compact without waiting for
Kentucky. He was unwilling to agree TO the
first proposition, TO declare the laws of Ken
lucky either constitutional or demonstrations
al; the question ought to be submitted
to the proper tribunal He was unwilling To
accede to the second proposition, because
there was no reciprocity in it; for if the
commissioners should decide against you,
there was no power which could grant redress
He thought the present the most favorable
time for Virginia to make propositions to
Kentucky. When she comes by her commits
sioners, and asksyou to comply with the COM
pact, when better could you reply on your
part, by proposing to appoint commissioners
with full powers to take cognzance of every
subject of complaint ? Perhaps it might be
alleged in argument, that there was no case
presented to the legislature 20 authorize the
appointment of the commissioners pointed
out in the compact. He contended that there
did eriSt such case. Would you tell Keu-
lucky that no dispute exists, when she
comes to the bar of the House with proposi-
tons, it is apparent that some misunderstood
ing exists? Had not the war-worn soldier
been deprived OF his right Does not the
language used by your land agent, furnish a
strong argument in favor of the appointment
ofcommissioners under the compact The
applicant for military land granted by Virgil
nia is told when he goes to Kentucky, "that
her construction of the compact is right and
that Virginia assents to it by her tacit consent,
and that ifshe is dissatisfied, she can appeal
TO the umpire created by the compact itself"
Where one Of the parties of compact is
silent as to the manner of its performance by
the other, such silence he thought furnished