Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1822-11-23

line 10 wLich they were severally granted,
and that they have not been previously To-
Gated. And lastly that the state OF Ken
lucky, ifthe award be against It, retains
the pow er to regulate the making OF loca
tons upon the warrants, in some conveni-
ent and equitable mode; and that OF pre-
scri5ibg a reasonable time within which,
If the proprietors OF warrants do not make
their locations, agreeoblY to the mode SO
required. their rights shall be forfeited.
The state OF irginia, in preterring the
claim which she bias done, has proceeded
without any authority expressly delegated
TO her by the proprietors OF INDICATED
warrants. After settling with her the
question as to the right OF those proprietorS
now to locate their warrants II might hap
pen that, disayowiag her acts hey would
institute fresh mea ures to be let into The
satisfaction of their warrants. To guard
against any such attempt, Virginia has
stipulated that they shall abide by TIE de-
termination of the board OF commissioners;
and that she will indemnify Kentucky a.
painst any claim which they may subse-
quently exhibit
4 was DESTROYS that we should have
greed upon precise limitation OF the de"
finite quantity of land comprehended in
the Virginia claim. But as il could not be
ascerained what part OF those warrants
! which had issued, without designation
of the line, belonged TO the state corps, or
] what portion Of them had been located, 1t
was found in.practicable. he best sub"
sttute for such a limitation, that occurred
10 me, has been adopted, IN the provisions
which specify the aggregates OF the three
classes OF warrants, OF which the satislac-
@tion is now sought and which throw up
on the holder of the ambiguous warrant,
the onus prObanda OF the facts, both Of the
line, on account OF which II issued, and
tina, ii has MOI been previously located.
The utility OF the other supulations con-
tanned IN the instrument B. IS sufficiently
obvious. However just our confidence
may be, in Z favorable result OF the appeal
when is proposed 10 be the tribunal OF
the compact, it was deemed advisable 10
guard against all contingencies. Perhaps
most OF the stpulatlonS, inserted 10 that
instrument, were not calico Tor by the oc'
caslOn, SINCE they merely express what
would have been necessarily implied iron
the nature of the whole transaction. Bat
it seemed to me that IN laying the lounda-
ton OF az auICable settlement Of all past
differences between the TWO states 1t was
better, even at the hazard Ut supeThuous
precautIou, 10 make ample provision a
galnst future misunderstanding. That the
ultimate issue OF what has been done. may
tend 10 the conservation vi the harmony,
| when ought ever 10 oe cherished between
our parent state and US, take pleasure in
stating II appeared TO be the sincere ana
ANXIOUS desire OF the gentleman with
wnom had the satisfaction TO be assoCia-
| ted, as It IS that OF your obeulent humble
servant. H. CLAY.
October 90, 1922.
The following are the points agreed up
on in the article marked A.
1. The proposed board of Commission
ers to determine the differences ana dis
putes which have arisen between tue two
states, shall be organized Contormaby
with the eighth article OF the said compact
| between them, IN such manner, that nel-
| ther of The commissioners 10 be chosen by
each state respectively, nor the coinmIs'
| SINNERS to be chosen by the commissioners
so appointed by the parties, shall be citl-
zens OF either state, but the whole board
| snail be constituted OF the citizens OF some
one or more OF the United States.
! z. The tour commissioners so TO be
chosen by the parties, shall meet at the
| city OF Washington, on Inc fourth Monday
in January, 1928, or as soon thereafter as
may be and these tou: having IN the first
place, appointed the other two commls-
| sloneys, the board so constituted, shall
then proceed from time - time, according
to its own adjournments, to hear and de-
| termne the differences and disputes sub