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

Win tne compact; that II WAS left optional
with the owner TO pay the money fer the i'm
lproyements, or suffer the land Ia be tikrn-
What, Mr. NJ. asked, would be has situation il
he was neither able to pay the money nor Ia
give bond and security What must be the
feelings of the venerable patriot of the revo-
luton, whose life had been devoted 10 the
service of his country, whose last hope or the
hopes of whose family, rested upon the en-
uowmcnt OF his country, when lic found that
endowment thus situated In many inst.ln-
| ces 1t would be abandoned in despair
Mt Nj. said these laws were not only a :
ganst the compact, but against The principles
oi natural justice, natural right.
Ii had been said they were necessary ia the
existence of Kentucky, that but for them the
country had not been settled. and the savage
Toe would still have trod the soil. In denying
TINS argument OF necessity, he meant not To
question the motives of Kentucky, but he
would appeal to the history Of the country
and To the history of the laws themselves. The
first occupant law was passed in 1897. Were
the Indians troublesome at that period ? Had
not Gen. Wayne extermnated them from
their borders 1t could not then be the dread
ofthe savagcs which induced the passage of
this law. In 1890, new occupying claimant
law was passed with provisions Infinitely more
tremendous than those of former laws. This
statute was not necessary to the existence OF
| kentucky, Tor she had become state and
had contrlvcd to live as such many wears be-
fore ITS enactment. But this, he thought, was
not the motive. The commissioners had said
mat these laws were passed upon principles of
justice : aud they had commented with Sc
verify on our act of 1879 That act, he said.
| 1t should be fecollccted, was passed in the
hnrly-ourly OF the revolution. when the IA
chic, ement of our independence was the
| Tn ~
ton was made to yield. This law was pass
ed in furlherance of that object, and had re-
manned upon the statute book without any
material alteration, from that period to the
present. Under 1t, Virginia had been happy
There had been no law in Virginia empower
| ing man TO recover the value of improve
ments. 1t had been done in courts of equity.
where equitable titles had been inforced but
he never heard of such thing in a court of
law, nor even IN court of equity after notice
or action brought. Mr. Morris said he would
not appeal To Lord Kaimes but he would ap-
peal to the Hollis and Hardwicks and Mans
| fields of England, and TO the Roancs and
Pendletons OF Virginia. He would appeal to
the sense OF justice of any man whether the
occupant should be paid for improvements
| after notice. In the decision of equitable titles
| and not of legal titles, the bona fde posscssor
had been allowed for improvements but what
possessor has ever been considered by the
| courts of England or this country as a bona
tide possessOr, who went on to make improve
menfs against the will of the rightful owner
after he had brought his action Such pos
! SCISSOR has always been decided p,aln fde
possessor-and yet all the occupying claimant
laws assert the contrary principle.
MIR. NJ. objected to the manner of executing
| the laws OF kentucky, an the ground of the
assessors being Interested, &c. But the COM
missioners had said il would be degrading To
kentucky 10 have any other mode of assess
| ment.-They had said too, that the country
was shingled over with titles. He would ask,
| If such be the state of things fit was not more
Than probable that almost every man in the
state was Interested in similar questions, and
| that the magistrates themselves, nv whom
the assessors were appointed, must he under
the same influence. He referred to the ,au-
atoms ofproperty in Kentucky under the laws
In question where the Improvements were
to he PAID Tor by the nonresident, they were
always valued enormously high but if the
land was to be taken by the intruder tn pay
for his improvements, il was estimated at the
most reduced price-Ohio bottoms, worth
from 3 10 to 90 had been valued at per
acre. Such system he thought calculated
to destroy the morals of any people under the
| sun. 1t the first occupant law was bad, what.
| =
He repeated the Objectionable features of this
law, among which was one, giving to an indi-
vldual who should purchase of a squatter, the
benefit of the provisions of the other laws in
favor OF occupants. The recorded titles con-
templated by former laws had been swept a.
way by the decisions of the courts it was
| therefore difficult, If you wanted fine tact
OF land TO get one of these titles. Some other
means were TO be devised. mere sauatter
was authorised to convey to another person,
who becomes entitled to the benefit of the
provisions OF the occupant laws. He here
read the law and commented upon it. Ii was
only necessary TO get a squater to go on the
land and to convey it, TO put at defiance the
patent titles derived from this state. Such
state OF things he thought no one could con-
tend was according to the principles of natural
1 justice. But we are told of the hardships in
fllcted upon settler who had expended his
means in improving the land, by turning him
away cold and comfortless, unles. he should
be paid for his Improvements. But he asked
that the picture should he reversed Suppose
the soldier of the revolution should take his
patent in his hand, and 20 to the western coun-
try, and present il to him who holds under
the squatter. He is told his title is good, but
he should not have his land, unless he pays for
the improvements at most enormous vaIua-
ton. Let him threaten suit, and he is told
of the delays of the law, and Of the loss of
rents and profits which must occur, and of the
other provisions of the law which must ope-
T rate against him. Not prepared for this state
OF things he finds II to his interest to abandon
his claim,rather than prosecute t,or must rest
satisfied with the mere pittauce which the
wrongdoer may be pleased To offer to him.
Lock back, said he, to the year 1916, to the
launching Of this majestic vessel Of state, the
genius OF moDarchical vengeance lowering
over IFS outit-the first moment she touched