Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-14


engagements of Virginia. That there should
he no misunderstanding on this subject; that
individuals might know these interests had
formed an object Of particular consideration !;
the third article oft the compact declares, That
all private rights and interests of lands derived
from Va. prior to the separation, shall remain
valid and secure, under the laws Of the new
state, and shall be determined by the laws of
Va. then existing. The expressions :s rights
and interests" are used as alone sufficiently de-
scriptive of the nature of the subject
Rights" or Titles" which mean what is
perfect and complete, would not have com
pretended those numerous cases where the
title was inchoate and just begun, which are
covered by the expression interest" Be it
title, right or interest, that and that alone was
the object IN view of the parties, and what
was to bc determined by the rule Of the Va
laws. They neither had in view, nor could
have had, the subject of amelioratons not then
existing. Virginia was bound to complete
the grant she was bound to decide conflict
ing titles by the rule existing when the claims
originated. Beyond this, she was not bound
to individuals, she did not intend to bind the
new state She sold land, not houses. She
desired that the purchasers should enjoy what
they did buy and pay her for, not what they
did not buy nor pay for.--If any doubt could
remain, it would disappear from the next art-
Gle ofthc compact which provides, that a neg
lect W cultivation or improvement Of any
lands within the proposed state belonging tn
non-residents,sh not subject such nOn-res-
dents to forfeiture or other penalty within the
term of six years after the admission of
the said state into the Union. This limitation
upon the power of Kentucky, implies that but
for it, kentucky had right Immediately TO
impose forfeiture or other penalty for non
cultivation or non-improvement. For, if she
had nO.such power, if the third article implied
prohibition upon the exercise of sucha pow
er, why insert the Limitation why limit what
had no existence? Both parties then suppos-
ed that after the expiration of six years Ken
lucky might enforce improvement or cutiva-
ton even by forfeiture or any other penalty
CONSIDER this system as having for its object
the Improvement and cultivation of the coun-
try; consider il even as denouncipg forfeiture
or other penalty, the most odious form in
which 1t can be viewed, the compact implies
an admission of the power of the new state
to enact it. But it is not system Of forfei-
lures and penalties; it promulgates rule of
equity, adapted tn the state of the titles of The
country, and founded upon just equivalents.
Ii the Legislature of Kentucky has not gone
to the utmost limit of its power, as Virginia
herself, when colony did; for by her laws,
lands were liable To forfeiture if not cultva-
ted within three years far from being CON
demncd for what she has done, Kentucky
| ought TO be admired for her moderation If she
might have done more, her authority TO do
less cannot be questioned. The third article,
inthe sense of it for which he contends, has re-
celved Its full operation. Our courts con-
stantly refer to the rule of the Virginia laws
to decide the right and interest of every land
claimant. The titles tn the whole of the re-
fafa \, p
That rule were not applied. In confidence
that the system was not forbidden by the
| compact, individuals, the bona ftle occupants
OF land for near % years past, have proceed
ed 10 improve their possessions. Can any
injustice he more monstrous or intolerahle
than that would belwhich would Gust them of
their possessions, without compensation for
| their improvements ?
But, there was most appalling latitude of
| Interpretation according TO which those laws
was to be set aside. The instant you depart
from the plain meaning of the words of the
compact, there was no restriction. If because
the compact secured the title, the new state
was disabled from legislating in regard to the
Improvements subsequently made on the land,
1t could not legislate on any subject whatever
IN connexiOn with the land The exact state
OF the Virginia laws, at the epoch ofthe separa-
ton, IN regard to real estates, mast forever
prevail, in all cases whatever. We could not
subject lands to the payment of debts, alter
the law of descents, provide for alienation and
conveyanccs, change the law of dover, cur
tesy, &c. Your laws, like those of the Modes
and Persians; would be immutabIe Even af-
ter you had abandoned them, at some future
period, as then unfit and unadapted to the pro-
gress oil civilization and improvements in the
science of legislation, they would bind us. If
| X hoo e..
could you not have passed such a system as
she has adopted? Then Kentucky could. and
your purpose must have been merely to en-
force respect on her part to your engage
ments, leaving her free as a sovereign state in
every other regard.
He commended that the compact neither
has nor could strip either state of any essen
tIal attribute OF sovereignty, common to other
| states, and this was such an attribute. 1t pro-
vded that the new state should be admitted
into the Union. Congress did admit it. The
moment it was received, it stood amidst its
compeers, absolved from every condition
which would restrain it from exercising any
essential power OF sovereignty which they
could exert. The word 4" state'' in its consti-
tutional sense is technical, and means a sove-
reign body, endowed with every power not
delegated to the general government. AS in
the creation of an estate in fee simple, every
condition Inconsistent with the nature of the
estate disappears, so in the formation OF a
new state every impeachment to the exercise
GIFTS Just sovereign powers must be removed.
You can neither abridge its federal rights nor
those which appertain to it as a state. This
was our doctrine on the memorable Missouri
Question. In vain did we invoke the hui
mainly of our brethren in behalf of the objects
for whom they protested to act. In vain did
we invoke it for ourselves. But when we
wrapped ourselves in the constitution Of the