Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-09

luabie Aud il was their intention 10 ren,-,, and
survey the lands As soon might be found conyo.
meat, attcnde- by the military saard which had been
ordered hy the government for their protU cion nj
whch time, IL any eulry should be found TO have !
been unfortunately located, they woulL withdraw IT, ,
aud survey II upon good land, the law required !
then do.
4, the October session OF. the General Assembly. |
m tue same year, governor Hrrison, a message To-
the legislature, earnestly recommended hat the sur
vey'ns of those lands >honld he suspended repre-
seniiGg, thai from information receive, from kenue-
Ky, he had reason 10 believe, that it the Surveyors
proceeded below the Tennessee river IL w,n,i mo-
woke ieicnewed hoSiiities of tle Chckasa,,s with
whom treaty of peace had Just been concluded
mat they would be joined by the norhera tribes and
tue whole western froulier would b. in, Owed t., Al.
me caianiiles OF an Indian To avert FROM the
infant settlements OF keutucks, TIVE havock and So
Huo" winch threatened them, the legislature autho-
rised the executive suspend The surveying of those
ianos, SO long as the tranquility of the government
might require. Under this aut iori;v, the governor
dad, on the 9th day q! January, 1885, issue his pr
camaton, prohibiting the surveyor and superMien-
dents irom proceeding which reached the surveyor
OF The state iine just la time arrest the execution
OF the surveys, when every preparation had hcen
mdde 10 commence the business immediately. That
pronibiion was never withdrawn by the government
OF Virginia aud in 1856, by the treaty of HONEYWELL
the contederaed government cele the country west
oil the tennessee iver to the Chiekasaws, who were
IA pursuance of the policy permitted TO occuny
II, from that time until 1878
n'h"; WocIt'natiou had never issued, the military
Grams would, III tie year 1885, have been satisfied
|
AND The titles completed by Virginia. II Virginia vet
retained the right of legislation ever those cluuis
cannot be doHhied, tbat she would acllnowledge an
obligation OF the sacred character binding her
t"aow to the owners of those claims every possi.
ne advantage ut This time which, tey possssed ;,t
tne "",e wiien Tic government intcrposed and pre-
vented them iom awaiting themselves OF their r,h,
f" remove tieir location from interfering Claims and
unih1aDitaiie marshes And surely IL cannot be ur.r
eu by me present Legislators of Kentucky, that tie
spenSm oil the obligation upon them Is less trln il
hpA ttt,,. Il
correct, mat The very act which has placed IL IN their
power to esislate at al upon those claims by uldns
mem III aoeyahce Tor thirty -siX years was adopted
III thc sacrifice OF the Interests and ust r;slts nf .
officers aud soldiers, 10 save their GEeys their ma
e'sTS, and their own helpless i1y1Hcy from sayaoe
massacfe u The owners of these lands have Ouietly
submitted 10 DC deprived OF the use and occupaiiou of
mem Tor hrysiN years, for the sole benefit of Ken
lucky 1t cannot give her right TO take advantage of
every casualty Which may have occurred in the mean
ume, 10 deprive them OF their lands entirely W,
the legislature of Kentucky acting under , o,i.r,
prehemsiom of the car acter OF these c,;p,s All
uh'cquanted with thar part Of their history which
% 'ne n'3n Claims the owners have not ouly UPON
re Jus'ce oui upon the gratitude of the neople of
t'"t S'a g. mas imposed conditions aogee unknown
| 10 me laws which governed them at the time of he,
separation from Virginia, and more rgoi Gus than
We're ever before imposed on Kentucky herself uuop
any description of claims whatever
III could never hrve been the deliberate intention Of
heh'ucN{ to do such hagant injustice. But, it was
KNOWN that pretended claims were set nm IN ,n,s ~
that country, founded upon treasury warrants Which
nave no foundation IN justice law and being nm
'noiheu as 10 The precise nature and extent of euch
description oil claims, through excessive caut;n,
| 'w mas neen enacted, which unin,iy oper,,es
| 'pe destruction OF large portion OF the military
| ciahis IL the attention of the General Assemble
were called TO this subject nv n remonstfince .
legislature OF Virginia which would produce an en-
1''ry INTO the merits Of these claims il cannot he
uIuoltu' lhat some modification Of the law of 1920
'u'dh'"Seous 10 the Claimants, would result One
provision OF Tins law required tine surveyor of the
military lands 10 connect his SURVEYS in a way which
was found utterly mpracficabie with the townships
ana sections which had been survey ed by the autho-
rIy OF the state. The effect of this provision nmount
ny OF the entries nj all
| 10 this law OF Kentucky, is attributed the DELAY
which has occurred IA the ACCOMPLISHMENT of the oh.
Jecs of the agecy constituted by the law nj Virginia
pissed at the last session of the legislature When
u was discovered 10 he utterly imuracucabe TO com
ply with the requisi,ion of the law OF Kentucky the
surveyors proceeded 10 make surveys to the amount
oil about i5o,UCJ acres, in the manner IN which NIL
surveys ilad hitherto been made upon military war
rants Ii having been represented 10 e s,iryct ors
oil the state line, that the register of the land Office
wouh refuse TO register any survey which did not,
III All respects conform 10 the law of nentucitv.
was ouglt advisable not record any survey which
i.''" oeeh hi'he ausi Tie surveyor declined eNccu-
tlS any more surveys until the meeting OF the Gene
| raj Assembly. The subject was then suhnitte-d 10
me legislature and that provision which prevented
me progression OF The business was repealed. The
surveys which have been made can NOW he retur,-
ed TO the land oihce, and the surveyor can proceed
10 Complete the business. In repeating that provi
SION, however, aDOtiier enacted posuouinu The e,-
nai'on OF any patent, until the first d,,y Of Junuary
1879, which does an injury 10 the claimants
ny me act Constituting the agent superintend
'hese ciamS the province of his duties is not extend
ga 10 any class of military claims, but hose already
located But that class of the claims of the site
line, which consists III INDICATED warrants is so init
malely connected with those which are the proper
SUBJECT OF this communication and such freuueni
applications concerning them are made TO tie aren't
that may, probably, be considered not impertisenl
10 nring ihcm also TO the view ofthe government
ny lhe sixth stipulation Of the compact entered in
| 20 with Kentucky ut her separation from virginia
II IS provided, that the INDICATED lands within Ken
lucky, which stand appropriated to individuals or
descriptions of individuals for military or OTHER ser,
ces by the laws OF Virginia. shall remain subject TO
be disposed of by rginia accordinr to such npnro
pfiaion, until the first day of May 1902 and no lon
GER ana thereafter, the residue Of all lands re,ain-
ing within her limits, shall be subject 10 the dspos
lion of Kentucky 70
Anterior to the first day of MAY, 1892, Virginia had
issued land warrants for services on state establish
ment TO the amount of ,Il0, 58S % acres OF these
warrants, l,O3 ,03i % had been entered with
the surveyor for the state line, before tlIat tlav
leaving balance Of lO95l9 acres INDICATED. Up.
on the I'D OF December, 1892, the legislature of
Kentucky passed an act, prohibiting the surveyors OF
the military lands, well all others from receiving
locations upon any warrant issued Iy Virginia, and
declaring void all entries which Ind jeeo ,,.,e af,cr
the 6rst day of May
IL issuing The warrant directed 1o The ,,;,c;lI
surveyor OF the Ians set apart Tor the o.icers and
soldiers OF the commonwealth of Virginia. renririns
hm to lay of for the soldier one hundred acres AZ
laud due unto him in consideration Of ,j, scrv;ccs
or three years in the Virginia state line * IN Inc m
garoed as any @ disposition" Of the land which s,I
appropriated 10 de-t ription Of individual. for milf;
Iary services according 10 such appropriation and
conveyed any right nieIesn the lands aforesaid
men the act Of Kentucky prohibiting the l,cation Of
nose warrants must lie gegardod as a breach Of oood
lhii, as violating the third stipulation Of rlte CON,
pact winch provides that all private rights and IN
teresis OF lands derived from The laws Of Vira;nia
prior TO The separations shall remain valid nnd secure
.ha he der nnI lac. fl L..