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

"V oosotii Vi our country, the Legislature
made this handsome endowment upon her
soldiery, over whose interest She never ceased
To watch with ANXIOUS vigilance. Look To the
laws passed at that stormy period, and you
would suppose they were enacted at Il time of
profound peace. For his part, he could never
read even the preamble of law passed in
those glorious times without be,ng Elcd with
enthusiasm. and veneration for the patriotism,
dignity and greatness ofthe mcn ofthit day.
He compared those ill,istrinus men with the
indi' ldui,ls who figure ON the stage of action
vt present, and drew Il conclusion unIavorably
IN the extreme, Ia the latter. The law of 10
deiues what portion of land each officer and
soldier should have, and pledges To them an In
d'sputa6ie title. IL was these titles he said to
which the compact referred. That section nf
coii'ltfy was entirely consrcrated to the
holy purpose of rewarting the nlertoriou;
defenders OF their country. In 1888 Vir-
sinia passed law for surveying the lands
of the soldiers, and We're SD careful of their
rights that il was required that none hut
good fand should be surveyed. In 1884
the country was explored with this view;
hut the savaSes Were so much excited on ac-
count OF IT. that the surveyors returned tn
Virginia FOR aid. Guards were appointed at the
pubic expense, to protect the surveyors in the
performance of this sacred duty But the
surveyors and guards were recalled by Vir-
ginia, because the Chickasaw Indians threat
encd 10 fall upon the frontier settlements of
kentucky, and wrcak their vengeance on the
deicnceless women and children; and the un-
dertaklng was, for time, abandoned. This
IndulSence, he stid, was granted in favor of
the citizens OF Kentucky, who would now
avail themsci, es of an act done for their bene-
fit. He thought that state disposed to sweep
the whole ofthe lands in question, and apprn-
pirate them to her own use. AS soon she
was authorised under the compact To legisate
on the subject, she passed law prohibiting the
further surveys of their land, and tying up the
hands of the surveyors. In 1855 the United
States thought proper TO cede the lands west
OF the Tennessee river To the Chickasaw In
dams, In whose hands they had remained until
| 1915. This monument To- the American sol
diery had thus been locked up from '36 TO
1915 and as soon as ii is released kentucky
se'zes upon and offers it for sale and unless
the legislature Interfere, it would be sold be-
fore September next.
The legislature OF Virginia began IFS course.
of Legislation in favor of the army in 1870,
and did not remit its solicitudc until the year
1879, whc:: the separation of the two states
took place. The first occupant land law of
kentucky passed in the year 1897, in violation
OF the 9TH art. of the compact, and of the con-
stiution of that state. This law affixed terms
TO tenurcs by which they had not been before
encountered He maintained that it was la
tended by the compact that the lands of our
citizens la that state were to he free from the
legislative power of Kentucky, aud that all dis
putcs respecting them were 10 be decided ac-
c0rdinS to the laws then in force in Virginia
Was there any law III force in Virgin, at that
| time, or siiIcr, compelling man to pay for
| improvements, which had been made without
liis consent or knowledge, and for which he
had no use This law he thot did impair the
obligation oi contracts, setting at nOught the a.
greement between the soldier aud the slate oil
fr9iGla-Under this act the meSne profits of
land were not demandable until Sai. acaS |
6Fought-and by the act of 1919 mesne profits |
were denied until after Judgment had been rem
dered lie drew ii feeling picture of the |
claims and necessities of the old revolutionary
snidier, aud of the crying outrage upon his
rights, inflicted by the just and cxceptiona-
bic laws III question. But the measure
oil injustice was not yet complete /; the act |
Of 1890, not only exonerates the occu-
pant from the payment of nesne profits, be- |
tween the commencement of suit and iudg- |
ment, (and he alluded TO the difficulties and |
delays OF the law but prohibited the payment |
of more tlian i've years mesnc profits. This |
raw he SAID capt the climax! 1t stood an un-
| eXampled an unrlvalled monument OF usnrpa-
ton, oppression and injustice, as it regarded
TIE soldiers claims. The icm allowed by
the law OF Virginia for Il man to bring an ac-
ion Tor land under the seiZen OF his ancestors
was so years, and under his own scizen so
| years. But in 1909 kentucky passed "a law
limiting the period to years, after which
time all Claims whatever were put IN end to
and barred forever. Is not this, lie asked an |
iniractlnn oi the 9Th article of the compact |
Are the rights OF claimants secured agreeabIy |
To our laws which allow so in the one case. and
| 80 years in the other to commence suit. Even
the widow, the orphan, and the maniac did |
not escape from these laws. Under our laws |
they were allowed 10 years after these Gisd- |
bi!Iu1s removed To assert their rights.-But |
kentucky had made short work uf it and re-
stricttd ihe period to 3 years. The rights of
our citzens were not only impaired by fhs
law, but barrcd-swallOwed up entirely |
These laws were ii violation of that happy |
rule IN the constitution of the United States, |
which like gnlden chain bound the states |
together; iurhiddiug them all from passing |
any law inpairing Tie obligation OF contracts. |
Had Kentucky coutentcd herself in silence |
with III gotten gains, there would be- less to |
be said on the subject. But she comes here |
in open day, IN the face of The world, and |
though her commissioners, calls Oh Virginia
To express her acguiescence in these laws and !
la support Of them calls OF /" the eternal prin-
ciplcs of justice aud Of cqrity!" liz could /
sec no justice or equity OH the side uf Ken |
tucky-!!
MIR. Il. noticed the remarks made by the /
commissioners on the act of Va. of 1873, at !
irjhutinS 10 it all the evils now complained of !
on both sides, and vindicated that law and |
the policy as well as Justice of il. He denied
that there existed 10 Kentucky any stronger
reasons for the passage of occupying claimant
laws than existed ih Virginia. With the cx-
cepIIOn of sumo regal grants all the Claims in |
| sttfl la 4