Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-01-05

sury warrants, were secured the right of loca
ting thtm until the 1st day of September.
l79s and by the 18th article the right TO To-
cate military warrants, was secured until the
LIST day of May, in the same year. Upon the
erection of Kentucky into an independent
state, the sovereignty of Virginia ceased within
the limits of Kentucky, and the owners of any
right ar interests of land, whether by warrant.
entry or survey, had to look to Kentucky for
a contamination of their titles ; and il was GER
tainly proper and prudent in Virginia. To re-
qnire an express stipulation in their favor, and
for preserving TO all claimants under her. a
determination according, to their laws.
Ihat the compact Is susceptible of no other
construction than the one given by the legis-
lature and courts o. this commonwealth, and
has no reference to the rule of compensation
for improvements, is very evident tn your
committee. Nor is il probable. that Virginia
would have required perpetual exemption
of land acquired under her laws from the one
ration of those rules of Justice and policy,
which it is incident 10 sovereignty To imposc
Such reIulsition would have been inconsis-
tent with that magnanmous and liberal poll
cy, which has ever distinguished her. 1t is
equally Incompatible with the PRINCIPLES of
our federal association. TO each STATE is g,u,-
ranteed republican form of government, aud
each ought 10 have an equal share of sove-
| reignty. II is proper here Ia nentnm that
Kentucky was conquered from the savages bv
the enterprise and valor of the early settlers.
She was Il part of Virginia-shared with her
The tolls, dangers and burdens of the revolu-
tlonary contest and is it to he believed that
this great state would have been willing to
make her member nj the Union, deprived of
that portion Of her sovereignty contemplated
by the court? The claims of Virginia are
moderate. She Recognizes the power of Ken
lucky to coerce the Improvement of her lands,
| ana only asks hcrto suspend 4 rigid policy for
SIX years. 1t is clear, that il Virginia had pow
er TO pass an occupying claimant law, Ken
lucky has an equal right. II the 9TH article
Is considered Il contract on the part of Ken
lucky for the security OF claimants under Vir-
nla, what Is the effect of ti.is contract Is il
different in IFS nature and character ; or does
II impose higher or more sacred obligations,
than that which every government makes
with those tn whom she sells and grants land ?
A patent from state or the general govern
ment IS contract which the government can
neither revoke nor impair, according to the
| decision OF the supreme court of the United
States, IN the ease OF Peck VS.. Fletcher, in
voiving the validity of the laws of Georgia.
| huiiiiyhg the fazon grants. A patent is a
contract Tor title, So far as the grantor has il.
aud for all that use and enjoyment which is
incident to the ownership Of property, subject
always to those burdens and that policy which
me welfare OF The government which proterts
II may impose. The compact with Virginia
| anu me compact with every patentee are in
effect the same; and the opinion and reason
ing of the supreme court, If confirmed and ac-
qniesced in, would prevent any state from
passing AN occupying claimant law. Our
laws when applied 10 titles derived from Ken
tncky, impair the obligation OF contracts, and
are unconstitutional, ii the opinion of the ST.
preme conrt be- Correct. According TO the
principle assumed by the court, every law
Whlcl III us consequences narrOws the rights
or dimlnislits the beneficial interest of the
owner, is unconstitutional. IF this be true,
the law OF Kentucky s'bjecting lands to the
payment OF debts, as Ia lands acquired under
VT@inIh, the laws of the several states impos-
in5 taxes and all laws c0erCing the improve
ment nj waste lands are unconstitutional.
Every law for confirming the time for survey
ing entries, and ctanging the laws for the il
imitation OF actions, we'll as the laws for
letting the lands of;h"sc who do not list them
Tor taxation, are Unconstitutional. if no law
can be passed affecting or burdenng lands,
Dut what existed III 'rginia At the time the
separation The Farmer who pays county
levy, or works on a public road may saw with
,
acquisitions are VOID, because they diminish
the income and beneficial interest of his es-
tate, and thereby impair that contract for its
enjoyment, which is Implied in every grant
rom the government. Ii should be remrH-
bercd, that every citizen Of a social c0mmuni-
ty, is identified with IFS general welfare, and
+ whatever burdens that demand NAV he right
fully imposed. unless intcrdicted nv some con
stltniIonal Limitation of power. The doctrine
oi the supreme court would favor indeed, the
spectators in land in the new states and ter
rItorles; but how far it cnmpGrts with the
prosperity of those states, deserves consdera-
ton,
Land and the labor bestowed ON it are the
chief source of the wealth and strength of an
agricultural country. According to the laws
OF nature ard natures God, the land was in
tended for mans use and sustcnance The
proper intent and end 70 which ownership is
gwen Is, that IT may be appropriated for habi-
tatIons, cultivation and useful improvements
society Is Interested in agricultural industry
ana II is gong too far 10 say, that men may
hold large tracts of waste and uncultivated ter
riiory aud deny 10 the government the pow
or by taxation or other measures, TO induce
them to sell or improve it. Ii is mars duty to
cultivate and 1t is the duty of government to
stimulate and protect the improvement and
! Cui'Faton OF Il country by pIst and salutary
laws. Upon what other ground can it be CON
tended that the wandering sayages should
yield their territory TO the culture of civilized
man
What is called the co impact with Virginia,
8 mt properly Il contract or agreement be-
tween two slates,as contemplated by the second
section of The 10th article of the constitution of
the Uutrd States. Kentucky was part of
Virginia at the date Of this compact, and had
no separate political existence. The insfru-
ment called compact was AN act passed by