Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-01-05


satisfied, that the federal court has no iuris-
dicton to Determine that any law ofany state
contrary To the constitution of such state is
void. should think, says he, that the courts
oi Connecticut are the proper tribunals TO de-
cide.-ln this opinion your committee concur.
Ihey consider the exercise of such power by
Inc national tribunals, inconsistent with the
harmony OF oiir government, and the primer
pies oil our political association as well as
those rules of respect and courtesy observed
| among civilized nations.
To preserve harmony and uniformity, con
gress has given To the national courts a re-
visnS power over the state judiciary, on ques-
tons of national character /: but with regard
TO cases arising under the constitution and
laws oi IA state, no such power is delegated !;
ana IS there not the same necessity for harmo-
ny and uniformity in the states ON state sub
lscts Suppose case brought in one of the
federal courts, depending upon the laws of a
foreign country-would not the court decide
according To the laws as expu,mdcd by the
constituted authorities of that country p
Would not such course be demanded by
justice, propriety and the courtesy duc from
the tribunals of one nation TO those of ano-
ther I: Would AN American court contr;.-
vene the exposition ofthe Spanish consttu-
ton, as furnished ny the Cortes and judicial
tribunals of Spain And is less respect and
courtesy due to the constituted authorities of
an American state ? When it is considered,
that the states of this Union have the same
forms OF government, based on the same pfin-
ciples OF liberty and equal justice, bound to-
gether by political ties and common feeling
and interest, and when in addition to this we
attend To the true spirit and intent If the first
section OF the 18th article of the federal consti-
tntlon, which declares, that full faith and ere
dit shall be given in each state to the public.
| records IN al 6
other state, If seems TO your committee, that
the claims OF the constituted authorities of I,
stare, To the respect and consideration of our
national courts, are higher than those of "A To-
reign country. If the federal courts can in
directly and collatcrally reverse or disregard
me decisions of the legislature and courts over
whlch they have no direct reversing power,
inc most serious consequences are To be- APP
pretended. There will be two rules of pro-
perty and Justice i'm every state, and the col
hsions and confusion which must follow, will
PROBABLY ultimate IN surrender of the state
| governments, or Il ACKNOWLEDGMENT of the
American republic.
| Your committee will now examine briefly
the nature and character of the claim To com
Pensation Tor improvements, secured 10 tn:
occupants by the laws in question, aud yin,,i-
cate Their justice and policy. The obligation
Oh the proprietor To pay for authorizations OF
MS estate by bona jde possessor doesnot de
penn on the source from which his titls is de-
rived; it is surely an obligation incident 10 the
ownership of property innocently improved
by the labor OF another, and has no relation
To the origin of the title 1t is founded on the
principles of justice and policy common to
The civilized world. Every class of citizens
derive support and sustenance from agricultu-
raj industry, and therefore, every wise govern
ment has favored and protected the honest
IfiI u..fS. e ii,
SCISSOR IS entitled to compensation for improve
ments made before notice of a better title. is
recognized by English and American courts
ana those OF Virginia, both before and since
the separation OF this from that state The act
OF 1897 Is not materially variant from the
rule adopted al equity. The provision allow
ed the occupant for improv encnts made af-
Ter notice, equal to the rents, was intended
10 encourage TIE improvements of a new
country, and must he deemed beneficial rather
tam injurious To the owner. Without such
provision the Improvement of large portion
oi Our lands must have been suspended du-
ring the tedious controversies in which they
were involved. The act of 1912 differs from
that OF 1877 IN only two points worthy of no.
tce 1t gives To the occupant lien on the
possession of the land until paid, or secured to
sc pad, the value of his Improvements. This
cnnot he complained OF, considering the resi-
dence and circumstances of many of the sue
cess!ui claimants, whose names are often used
without any beneficial interest in the suits. If
nc claim to compensation be well founded,
nj power OF the legislature to give the lien
cannot be Questioned on constitutional ground
rms act differs also from that of 1897 In this
that the occupant is freed from any charge for
rents, before notice by judgment OF decree, of
a better title.
\ These laws combine the chancery rule with
that policy which new country and peculiar
circumstances required. In considering the
occupant bona fde possessor until notified.
by court OF competent Jurisdiction, of bet
ter tile, the legislature have acted in the spi-
ri oil the principle ofequity Instead of leav-
III the settlers To the arbitrary discretion of
courts, 1t was necessary, by legislative act,
to regulate and apply the rule Of compensation
and rents to the peculiar state of titles in this
country. Notice of better title, has gene
rally been held 10 convert bona tide, into a
matd fde posscssor; because, in general. he
might by reasonable diligence and enquiry,
ascertain with folerable certainty, the nature
and validity of the adverse claim But this
reason VIII not hold good in Kentucky, in re-
lauon 10 conlilctlng titles derived from the land
laws. Ii VIII only be Necessary 10 look AT the
actual condition of things, and the manner in
"hIch the lands were appropriated here, to be
convinced OF the Proprcty OF the change made
ny the act of1812. The land warrants sold
| by Virginia. were located with the surveyor
wlthout any previous survey or reference to
marked boundaries and the validity and no.
siiion of these claims depended on rules of
construction TO be settled by the courts with
out previous landmarks to guide them. and
on the proof Of witnesses greatly dispers-
| ed. Owing to the uncrrfa;nt;c. ,r,,,.;.ii- -