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


JAMlN w. LFisH, Esq. Commissioner on
the part Of Virginia, the preliminaries for
referring to Board Of Commissioners. all
matters in controversy between the two
states, according tie the compact.
Hon. HIM. z. Barry. Speaker Of tie Sc
nate. 'st
SIR The General Assembly having, at
its last spring session dons me the honor
TO appoint me commissioner. on the part
OF Kentucky, TO treat with Benjamin W.
Leigh, Esq. commissioners on the part of
Virginia, ION the necessary arrangements
and stipulations, preparatory TO the organi-
cation of board of commissioners, accor-
ding to the compact existing between the
two states" to determine all matters OF
controversy between them, which has a.
risen underit, aud having directed a re-
port to be made of the result of the neso-
tiation, have now, respectfully TO submit
TO the General assembly, the following re-
pert:
Shortly after the close of the session OF
the legislature, | had several interviews
with Mr.. Leigh, in the course OF which we
mutually made free and foil exposition
OF the objects OF our respective appoint
ments; and finally, Tor the &C somplish.
meot of those objects, concluded ard
signed two conventions, which herewith
transmit to the General Assembly. BY the
FIRST, which is designated by the letter a.
provision is made for the organization OF a
board OF commissioners, in conformity with
the eighth article of the compact; the time
and place of its meeting are appointed,
day is limited on which the convention is
60 cease. anG the board is 10 be dissolved
If, in the mean time, it shall not have
made cut and delivered its award to the
agents of the respective parties; the COM
pepsation OF the commissioners constiiu-
ting the board is fixed, and its mode OF
payment, the several questions 10 be sub
nitted 10 the final decision Of the board
are stand, and issues made upon them
and lastly. il is stipulated that each state,
ratifying the convention, shall forwlth pro-
coed to choose commissioners on its part.
and communicate to the other, the fact of
such ratification, and the names of the
commissioners so appointed.
II will be observed, that the validity,
as well as OF the acts which relate TO oC-
cupyiag claimants of land, as Of those
which prescribe limitation of actions,
founded upon the land law of Virginia, is
submitted 20 the board OF commissioners
al of those acts are drawn IN question
upon the allegation, that they are repug-
nant to the compact between the two
states, and causes involving them all are
understood to be pending before the fede-
raj judiciary. supposed it therefore, 10
be consonant with the views of the legIsla-
ture, to subject them all TO the teet, for
which the compact itself, said TO be vio-
lated, has made provision.
The particular time and place, stated
in the convention, for the meeting OF the
board, were adopted from two conside-
ratons: First, to afford an opportunity TO
have the award made and published, prior
to the decision, by the supreme Court of
the United States, of the cause argued at
lis last term, embracing the validity of the
OCCUPYING claimant laws; so that the a.
ward might have the effect and influence
which Justly belong TO the opinion and
Judgment of the special tribunal Of the
parties And, secondly, it was thought
that, from tbs annual assemblage, at the
City of Washing Tor, of eminent men drawn
there from all parts OF the Union, by pub
lie business, or by curiosity, there would
be less delay and difficulty on the part of
the tour commissioners, appointed by the
two states, in selecting the remaining two
necessary to the completion of the board,
than would occu. at any other place that
could be agreed upon.
By tie second convention, which is de-
signated by the letter B. it is agreed be-
tween the two states, first, that if the de-
cision of the board of commissioners on the
claim asserted by Virginia, shall be in Ia
vor Of Kentucky, Virginia guarantees that