Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1822-03-02
RICHMOND FEBRUARY IL.
KENTUCKY MISSION

RICHMOND FEBRUARY IL.
KENTUCKY MISSION.
The House went into Committee Of the
whole on the state Of the commonwealth, TO
take under consideration the preamble and
resolutions offered by MIR. Brouone of Will.
hamburg, relating TO the Kentucky Mission.
Mr.. Matiory, OF . ia the Chair
Mr.. MoryiS, of III. remarked that he was
not disposed TO concur in the preamble and
resolutions under consideration, because they
tell short of the propositions submitted by
the commissioners from Kentucky. and offer
ed the following as a substitute in lieu of
them:
The General Assembly of Virginia have
considered with attention, the propositions
submitted 10 them at their present session.
by Henry Clay and George NJ Bib Erqrs,
Commissioners on the part Of the state Of
Kentucky This first proposition calls upon
the General Assembly 60 to declare by reso.
s. luton or other act. that according TO their
sense OF the true intent and m- ming OF the
" act which they passed on the 18th day of
December 1889, concerning the erection Of
81 the District of Kentucky into an indepsn-
=" dent state, The slature of Kentucky was
not restricted I'm passing two acts, the
g one on the 9Th Of Feb. 1877, entitled San
" act concerning occupying claimants of
G. land" and the other on the 3ist day of
" January 1919, entitled. San aci to amend
g. an act entitled. an &c, concerning occupy.
IS ing claimants of lend"
The General Assembly are sensible that
no opinion which they may entertain or ex-
press touching the power Of Kentucky tot
pass the said acts, can affect or ought to al,
feet the rights of individuals, claiming, on the
ban nc na
tween the two states as set forth in the act OF
1889, and on the other, thu benefit of the
Kentucky acts. The rights are fit subjects
of judicial cognizance, and ought TO be deci.
DID, aud no doubt will be decided without
reference to the opinion Of the General As.
sembly. This consideration would of itself
be sufficient 10 justify the General Assembly
in declining 20 accede to the first PROPOSE.
ton submitted by the slate of Kentucky.-
But. as they are called upon to express an
opinion, and no good reason exists for with
holding it +; as indeed their silence upon the
subject might he misconstruei into an ac.
quiescenee in the exercise Of the power
claimed by Kentucky; they do not hesitate
to declare that in their judgment, the lust
interpreta ton Of the compact between the
two states, did restrict the legislature of Ken.
lucky from passing the acts in guestlon.-
third article OF that compact which declared
tina. all private rights and interests of lands
within The District of Kentucky, derived from
the laws of Virginia, prior to The separation,
should remain Oaksd and SecGre, undcr the
laws OF The proposed state, and should be de-
!ermined by the laws then existing in Virgin
ia, ard compare the provisions Of the Ken.
lucky acts with that article, they cannot doubt
that so far as the interests of the citizens of
Virginia are concerned, those provisions are
in conflict with the said article The Gener.
al Assembly cannot perceive the substantial
difference between the law which should de.
clare that private right and intereft, in lands
derived from the law, OF Virginia prior to
the separation, should longer remain valid
and secure, and that species Of enactment
which in it, practical operation takes owey
the possibility OF enjoying those rights aud
i6tereits.
RESOLVED therefore, as the opinion of
the General assembly, That IT is mex
pedient 30 accede to The first PROPOSE
ton submitted TO them by Henry Clay
and g. NJ. BibO, EsqUires, Commits.
sioners on the part of the state of Ken
lucky.
The second proposition Of the said
CoWW'EslO0eIs sDDTDiIs the alternative.
" that the General Assembly oF Virgin
" Ia, in such mode as may be deemed
proper,do concur By convention for
" that purpose to be ''entered into with
I" the said Henry Clay and George NJ.
" Bibb. B'quires, +" in constituting
=" board ofimpsrtial commissioners ae-
" cordiug to the provisions contained
" in the Ssh article Of tie conditions
'ispeeified in the 4h section ofihe a.
" fOresaid act Of Virginia, TO decide Up
" on the validity Of the two acts above
" mentioned Of Kentucky, and also The
" act passed "eptitled An act to amend
" an act. entitled an act 10 amend en-
" act concerning occupying claimants
=" Of land"
If the General Assembly sought a
repeal Of these acts, and thsre were
M other subjects Of difteren; ia tela
tio5 10 tho compact belwee tie TIVE