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

tig;tf ion by commissioners But s,ppOs,. tha
the line only cut ell fifty acres of land from
the territory Of Virginia, and had been run a
tiie instance OF kentucky, and in her Favor
on would resolve that the compact was VIC
lated but as the value of the land would mo-
JuStify The expense of board, you would moi
propose the establishment of one But sup.
pose Kentucky, under such circumstances
should send commissioners here, and ;,sl, tn.
appointment of commissioners on the par, o
VrSin:a Would Virginia chuse to appoint
IN such case? Kentucky could have no right
to den,andit and If Virginia, the injured par
~, uiu not cbusc 10 complain, il surely was
not competent for Kentucky to insist upon
her doing SO. Ii the Beard of Commissioners
were not :o consider questions of private right
what would they have Ia do with the occupy
ing claimant laws? But suppose they wen,
into their consideration, and decided that they
were against the compact? Would Kentuc-
ky repeal those laws He would not sup
pose she woald refuse To repeal them. But,
II she did, all prior rights under them would
remain to be decided by the Judiciary agreed
bly, to the compact itself II the Judges of
kentucky had been independent of the legis-
iature, as they are in Virginia, it was pres,lm-
able they would have decided the occupant
laws were against the compact, and the con-
stltution of Kentucky. He did not think il
unreasonable to suppose such IA case for the
first Judicial mau in this country had not beeu
on the bench ten years before he decided that
the Legislature had trampled on the constitu-
iion but not intentonally.-He alluded To the
decision OF Judge RoaDe, in the case of KEN
per and Hawkins. Ii the Kentucky Judges
had been sufficiently independent To have de-
cidcd against these laws, and kentucky had
sent commissioners to Virginia, and asked
the appointment of others on her part, he ask
ed IT Kentucky could force Virginia into the
appointment. Tie infracting party, he con
tended, had no ri ght TO coerce the other party
to complain.
The Kentucky commissioners propose the
appointment of Il board with Emited po,cers,
to take into consideration particular subject,
upon which Virginia had no complaint to
make. They proposed no more. But he
Thought there was ground of complaint as To
our military land claims, as had been fully
shown by the member from Bath and on
that subject he expected it would be necessa-
ry to complain this winter. Mr.. Nj. drew
Il distinction between board of commissions
ers with general and with limited powers-and
did not think it advisable to appoint board
OF The latter character, and that neither party
had right To insist upon such an appointment
tte thought his propositions met those Of the
kentucky commissioners, and that it was not
proper 10 go farther than To decide upon what
was before the House. He presumed the
commissioners understood their powers. II
they were to propose board with general!
powers, he was prepared 10 meet them.
In the course Of Mr.. Norris remarks he
dwelt with great eloquence and feeling on The
character and conduct of that class of indiyi-
duals, in behalf of whom Virginia had mani
tested sach continued and anxious sGlctu,lr
I.hey had passed through the storny conflict
OF the revolution, and their country had at
tempted 10 reward their devotion and their
patriotism. He animadvertcd with some So
verify upon the policy which Kentucky had
pursued in relation tn their ciaims and drew
several pathetic pictures of i:s Operations on
the widow and the orphan.
The question was then taken on Mr. L.
uclPS amendment and carried in the negative
without count.
Mr.. Bropne, of Williamsburg, felt himself
again called on 10 express AN opinion on the
subject. He objected to the reasoning con
tanned IN the preamble To the LIST resolution,
and thought that when the e. stature decided
that the compact had been violated by Kentuc-
ky the cGsuS JGde,is occurred. When he
could bring his mind TO that proposition, h..
would go hand in hand with the geotle.na,
from Kanawha. But he should cndeayo;ir tu
he consistent. How he asked could the gen
tleman from Hanover say the compact was
violated, and at the same time refuse To- an.
point commissioners The commissioners as,
for and invite discussion. He did not tliinl.
the House had the Authority to enter into this
discussion, and they had, nc commended they
nave not time for IT at this late period Of the
session as the subject was one of so much in
tercst To the state. He asked why decline
the appointment of commissioners with limit
ed powers, and yet give AN answer which i'm
plies the necessity for thcrappointmentt with
general powers ? Throw out the reasoning oi
the preamble and he was willing to take the
resolutions as they stood.
MIR. ChrSttan regretted that the gentle men
who offered the substitute and fife original had
differed in che means by which they came to
The same conclusion. lie thought il the duty
OF the House to discuss the subject. So far
as his mind was made up on the occupying
claimant laws, he was willing To declare he
thought them not in violation Of the compact
The resolutions, he thought, mig hit be adopted
with propriety without the preamble. TIE
member from Hanover, had acknowledged
that IT was through courtesy that AN expres-
sion as to the constitutIonaIity of the laws
was proposed TO be made. He did not think
1t was proper for the committee To compromit
themselves, when there was no necessity for it,
He construed the words in the COMPACT.
" rights and interests" 10 mean nothing more
than titles and under tbis interpretation, ne
commended that claimants might prosecute
their titles under the laws of vi. rnia then i'm
force. Mt. Christian went into a statement
OF the circumstances under which tile militia
ry lands were appropriate d, and Of the stua-
ton III which some of the military claims,
stood at the time the compact was formed,
and OF the intention with which the terms
rights and interests" had been used. II could
not have been contemplated that the lands APP
propriated for military purposes should have