Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-02-28

entries was attempted, within the Indian coun
try west of Tennessee river.
Al the commencement Of the next session
of the General Assembly, the governor hav-
Ing received Information of the great danger
OF provoking Indian hostiiities, by any attemp,
10 take possession of their lands and of there
by involving the United States in most ex-
tensivc and caiamitous war, throughout the
whole extent of its western frontier, very
strongly recommended to the legislature, the
propriety OF prohibiting the surveying or talk
ing possession of any lands wiihin the Indi-
an boundary.
In pursuance ofthis recommendation, an act
was passed at the October session 1884, au-
thorising the governor with the advice oil
council" To suspend, for such time as he may
think the tranquility of the government may
require, the surveying or taking possession al
those lands which lie on the north west side
of the river Ohio, or below the mouth of the
river Tennessee, and which have been reserv-
ed for the officers and soldiers of the Virginia
line, and the Illinois regiment"
On the 9Th January, 1875, proclamation
was accordingly issued, by the governor with
the advice of council, commanding all COM
missioners, surveyors and other persons To
suspend the taking possession or surveying OF
any lands on the north west side of the Ohio,
or 6eloio The mouth Of the rirer Tennessee, until
they shall legally be authorized so to do.''
Though this inhibition WAS afterwards, in the
year 1897, SO far as regards the lands north
west OF the Ohio, withdrawn by another pro-
ciainatlon OF the governor of Virginia, it was
never withdrawn, as il regarded the lands be-
low The mouth of the Tennessee. In the mean
time, the treaty of Hopewell between the u.
States and the Chickasaw Indians, which
was concluded on the 10th January, 1886,
bad guaranteed to these Indians, as part of
their hunting ground and their habitation, all
Inc lands within The military district below
the Tennessee river and had provided, " that
III any citizen of the United States, or other
person not being an Indian, shall attempt to
settle on any OF the lands thereby allotted to
the Chickasaws to live aud to hunt on, such
person shall forfeit the protection of the u.
States of America, and the Chckasaws may
punish him or not, as they please
Thus remained that part OF the military dis
irict, which lies baow the TENNESSEE when
Kentucky became an independent state; a
small portion of it only located, by military
warranis; no part of it surveyed; aud the In
dian title u the whole of it guaranteed by the
treaty of Hopewcl
There are three acts of the General Assem-
bly,, concerning the erection of the district of
Kentucky into an independent state, which il
may be proper 20 notice.
The first was passed al the October session,
IN the year 1888. 1t prescribed eight condi-
tons, on which Kentucky may become an
indepclsliesf state, whereof the third, the sixth
and the eighth, are as follows
Third That al private rights and inter
.ests iii lands within the said district, derived
from the laws of Virginia, prior To such sepa-
ration, shall remain valid and secure under the
laws of the proposed state, and shall be deter
mined, by the laws now existing in this state"
SIKH" That the INDICATED lands within
Inc SaId district, WHICH stand appropriated
by the laws OF this commonwealth, to indiyi-
dads OF descriptions Of individuals, for militia
ny or other services, shall be exempt from the
disposition ofthe proposed state, and shall re-
main subject 20 he disposed of, by the com
monwealih of Virginia, according to such APP
preparation, until the first day Of September
one thousand scv en- hundred and lightweight
aud no longer. and thereafter, the residue of
all lands, remaining within the limits of the
sad district, shall he subject 10 the disposition
OF Inc proposed stdtc."
Eighth That, in case any complaint or
dispute snail, at any time, arise between the
commonwealth of Virginia, and the said dis
trict, after it shall become an independent
state, concerning the meaning or the execution
ui the foregoing ara les, The same shall be de-
tcrminedhy six commissioners, of whom two
shall be chosen, by each of the parties, and the
remainder by the commissioners so first APP
pointed.
After setting down the conditions, on which
Kentucky may become independent, and au-
convention tn decide therempon.
the act provides, " that if the said convention,
shall approve ofan erection Ofthc said district,
INTO an independent state, on the foregoing
terms and conditions, they shall and may pro-
ceed to Tx day, posteriOr 10 the first day of
September, IN the year seventeen hundred
and ei5htyscven, on which the authority of
this commonwealth, and offs laws uudcr the
exceptions aforesaid, shall cease aud deter
mine forever, over the propose, state, and the
said articles become Il solemn compact, mutu-
ally bln'liu;s on the parties, aud unaltcrabr by
either, without the consent of the other"
No definite proceedings having been had by
the people ofKeGtncky, under this act, sec
ond was passed on the 29th of December
1888, containing Ia general, similar provisions
and conditions the third condition is the
same Uerbatim, and the 9th condition of this
act varies from the sixth the act of 1888, in
this only, that the period within which Vir-
gina shall have the power of dsposing OF the
lands within the military district, is
limited ny the act pf 1913, 10 the time, when
:" the congress OF the United States shall re-
ceiye the proposed state INTO the unon"-and
that there is added TO the condition the fol-
lowing words, saving and rescrvng to the
officers and soldiers OF the Virginia lines, on
state and continental establishment, their rep
rescntatiyes, and assignces, their right to lands
under the several donations of this common
wealth, who shall not bc restrained or limited,
as to the " time OF making their respective To-
cations, or completing their surveys, by any
thing IN this act contained, nor by any act OF
the proposed state, without the future consent
Of the legislature Of Virginia"
Under this act a cnnYcniiOn WA had IN