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

III the MILITARY district, until the LIST day Of
May l722: she did dispose of them by issu-
ing land warrants To her soldiers in payment
of the bounty she had contracted to give them
IN lands Tor their services in the war there
was no time limited for the location of these
warrants by the laws OF Virginia, and all that
issued before that day, might yet he lawfully
located upon any vacant lands within the mi
lltary district; such an opinion has been Judi
ciaiy pronounced by an able lurist. But the
law ot Kentucky interposes and cuts eff I,
portion of the troops of the state line, whose
rights were secured by the compact from the
only lands left Virginia with which TO discharge
her obligations to them. 1t is believed, there
Is no way in which their cause can be brought
before the. federal court; from the courts of
Kentucky they have little hope, and unless
Virginia shall adopt some measure to protect
their rights their lands must be lost in which
event, the public treasury will, upon every
principle of equity, be liable for the value
Another act which violates the compact,
is that passed in 1909, 18th Littel, pa. 55,) to
compel the speedy adjustment of land claims;
one provision which is, that seven years pos
session bars all actions for real estate. This act
was pronounced void by the circuit court of the
| u. ). at the last November term. In 1914 an
act passed concerning limitations of actions ::
9th Littel, pa. 9O,) which reduces the term of
ten years, allowed by the laws of Virginia to in
| iants, temes covert, &c. after their disabilities
cease within which they may prosecute their
ciai ms, TO three years.
The act of 1890 for surveying the military
claims west of Tennessee river-[session acts.
pa. 1879 annexes conditions altogether I'M
known TO the land law of Virginia or OF Ken
lucky heretofore, which so TO destroy great
portion of those claims.
The laws passed in 1870 and 1891, CON
corning the four Thousand acres of land at the
ironbanks upon the Mississippi, (which Virgi-
MA made donation to the army to be laid out
III town as monument of her gratitude and
testimonial of her regard, provide for the
appointment of new trustees, although suiIi-
Gent number to constitute board of the old
trustees appointed by the army, are yet liv-
ing, and direct the immediate sale of part of
the property, and the proceeds to be paid in
To the public treasury.
All the laws here enumerated, are believed
to be violations of the compact and ifa ne
Sociation is commenced, all ought to be
brought under review.
Frehmlnary To any negotiation, an enquiry
should be made, whether the powers OF the
kentucky commissioners extend TO every
subject of complaint which Virginia might
urge, or are limited To the sole subject of The
laws of 1897 and 1919, concerning occupying
claimants. III so limited, Virginia can have no
interest IN entering into any discussion, as the
court will in all probability settle that question
in her favor.
1t was not my inteation to attempt in this
communication any thing like argument, but
to point the attention OF those who WELD ,hlei
pens TO the subject. A VIRGINIAN.
70 The occupying claimants laws ARE susl.neu
ny the couit OF appeals Of Ken in the OF fowe,
vs. Halhert, 4th B.bh's reports, pa So
nn limit 90 10 =
court in the rase of Kendall Slaughter, Isl hlal
shaI's reports pa. 375.
line opinion of that court delivered in the case q
hoy hers, VS.. AlcMurIay at the November Tern
1871, IS believed in some degree conflict with t,e
iormer opinions.
The principle settled hy that court in the case o
Speed vs. Butod, 4lh BbI,, pa 81, that tire ,!ew,an
uant IN writ OF right, must prove actual sesin An,
the principle LAID down in the case of Jasper an,
Qnaries, 4th Hardin DOL, that bill in equity lies OF
behalf OF a settler under the acts of Kentucky a
gainsi claimant under the laws Of Virginia wiiior
proof oil fraud or accident-are parts of the u,lica
code OF tile same character with the Legislative acu
before quoted.