Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-05-23
From the Louisville Public Aivertiser1
HIS EXCELLENCE JOHN ADAIR
GOVERNOR OF KENTUCKY.

HIS EXCELLENCY JOHN AFFAIR.
GOVERNOR OF KENTUCKY.
DEAR SIR: The freedom of this address
10 you, II II needs any apology, will find il.
W ihe extent and depth of the interests which
It's snhJect-matter involves, and the exalted
posture Wn!cn you soJuSlly occupy, in relation
10 the public interests. There is certainly M
topic so interesting to the people of Kentuckv
as the udt'dlty of those laws which furnish io
them that hope of reward, which sweptenc
hoonr vi The same interesting chararter
are those laws, which, while they tend I'm
silence litigation by limiting the period within
winch IT may be reasonably INDUCED. give re-
pose To occupancy aud thereby furnish jncen.
ives 10 industry Oh this description are the
occupying Claimant laws of this state. and the
laws oi limitation IN relation to real actions
me supreme Court of the United States nj
It's last trra, ~ the case of Green vs. Riddle
has expressly declared the former ia be inn.
pacfionai and void, and virtually rs appre-
henh, uttered the same sentiment i'm rela,ion
|" me latter. This opinion was delivered
towards me close of the term and about the
'ime al winch II was ascertamrd that Virginia
wou'a NOT affirm the arrangements which she
had by her authorised agent, made with Ken
t'cky, Tor the final adjustment of those in
terrsting topics, by tribunal Off he compact.
whether Virginia found motive Tor the
'"''r' h''N CtuplNFU CaprlciOuSQPSS of
her conduct IN this pdrtic ular i'm the anticipa
hon of what would he the opinion of the CONT
1t Is not for me to conjecture. Judges Wash
'ngton, Johnston, Story and Duval compos-
ed the court, when the opinion was delivered
judge Johnston disspnted The Suprpme
COhit CONSISTS "f Seven Judges-three of the
seven, a minority of that tribunal, have de-
clared those laws 10 be unconstitutional and
void As soon as copy orthe opinion could
he procured (and it could only be obtained
upon me express condition that it should not
De pNoHshed,) the following petition Cor re-
consideration OF the case was drawn up and
presented. The Court would not hear If
read, and It WIS with great apparent reluc
NJ" that Judges Washington and DuvaI
a! e'd To take II and read il in their Chamber
JUG Story would not assent TO, even that
meaaur,. Judge Johnston was throughput
favorable to the application 1t was ON
subsequent morning overruPd 1t is now
punished IN the confident expectation that it
VIII receive from yourexcPllency and through
y"'i' from he good PEG lie Of this state, a
more gr'cious rece ..tlon, than il experienced
rom tina tribunal TO which it was presentrdJ
II viii experience also, II is hoprd from
those To whom II is noiO submitted, that kind
Indulgence which IFS many imperfections NAV
need The late period Of the term at which
the opinion was pronounced, the uncertainty
"i me tline, at which it would close and the
zeal which was felt to avoid if possible, the
calamity which it was likely TO infict. inn
posed upon the writer Il haste, which COM
bIned with other unpropitiOus circumstances,
forbade him to bestow upon the subject that
leisure and attention, which is necessary TO
the exhibition of important matter, in an
ornate ana polished manner. Cases are now
depending before that court, involving the
validity ofthe replevin laws, the valuation
law, and the law abolishing imprisonment for
deht, together with the validity of the laws Of
limitation III relation to real actions to that
~ TACT almost all of the sovereign power not
denied 70 this state in the opinion above al
IudPd TO, IS awaiting its fate upon the docket
Of that court. remained at the CITY of
Washington until the expiration of the tenn,
10 the ew TO viudicate The validity of those
laws to the extent Ofmy feeble powers, should
the causes involving them be reached bv the
urt in IFS progress on the docket-But they
were not reached.
The occupying claimant laws, and The laws
OF limitation in relation to real actions. were
eXacted by the circumstances and cOndtion3of
the country, and the nature and character of
the very numerous conflicting claims to the
lands therein. They were alike nece ssary TO
IT'S prosperity and reposc. What is now 10 be
dore? Are they to h. abandoned, and finley
are, what is to be substituted Can the coun-
try do without them, or some equivalent pro-
vision Must every enactment by this state
IN relation 10 those Interesting subjects be
void, or valid, as the supreme court of the
United States shall ordain? These, sir, are
questions of infinite importance which the ex-
sting state OF things present for your delibera-
ton, and that Of the people Of Kentucky, over
whose interests you preside. That they may
receive that attention, and experience, season
ably, that calm celebration, which their
Intrinsic Importance, and the circumstances
and condition Of ;he country would seem to
require, is the ardent wish IT your obedient
servant, and personal friend,
JOHN ROWAN,
Louisville, Ky. .4Pra 20, 1898.
BUsToN, May 14.-The U. S. Circuit Court