Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-12-13

KENTUCKY LEGISLATURE.
HOUSE OF REPRESENTATIVES,, NOV. rs.

OCCUPYING CLAIMANT LAWS.
MIR. Marshall moved To take up the resolu.
tions offered by him relative to the occupying
claimant laws. Mr.. Montgomery stated, that
when this subject WAS taken up, he wished to
be- heard but on account of indspostion, he
expressed wish that it might be delayed
Mr.. Marshall rejoined in few remarks on
the importance of acting on the subject speed
lily, when the resolutions We're taken up.
Mr.. Pope read resolution which he wished
TO add To those submitted by Mr.. Marshall,
providing for the appointment of commit
tee TO draw and report bill for securing the
value Of their improvements to occupants, &c.
After some suggestions from the Speaker, the
proposition was Withdrawn.
Mr.. Marshall gave his reasons for the course
which he proposed 10 adopt. The reconsid-
Grafton of the subject, and the giving of final
opinion by thu Supreme Court, he acknow-
lodged, produced embarrassment in this pro-
credIng. But this was no ordinary case and
would justify departure in the court from
ITS usual rules. No redless could be expected
from application TO Congress but he be-
iie,ed that a direct application of the LIE
g'slature TO the court in IA which deeply
affects their powers, would produce re-
opening and rehearing of the cause. Ii was
true, Congress had the power to impeach The
Judges but an application for that purpose
would seem To him improper until formal
effort with the court itself As he understood
the subject, the application made 10 the Cour;
by Messrs. Clay aud Rowan, was not in an
official character as agents of the state, but as
private individuals. He gave them great cred
il for their efTurts on that occasion but he
could not adopt their ACT as that of the state,
and make il a stumbling block TO further APP
t,lic far r.
je found the proper remedy for Congress
could not, and would moi, in the preseat state
of the affair, Interfere in the subject but il
no redress could be obtained by an application
to the court, lac was then willing to unite in
any rational application TO Congress. But be
bought the subject might be made so plain
IN aO address To the Court that men with hall
the mind he WAS disposed TO attribute To the
Judges, must understand it, aud come TO u
contrary conclusion 10 that which had hereto
fore been produced. II might BIZ sent on by
II special agent or otherwise, and entrusted to
The care of our members in Congress, &c.
Mr. WorthngtOn was averse to again how
ing before The Supreme court on this subject
What was the history of the case? Ii was taxi
EN- up to that court and argued er pGrte by a
celebrated lawyer of this state, who had been
laid fat upon his back by it, and the Judges
were ahOu; tO decide against the rights Of half
million ut people without hearing them
Tteir decision Was arrested by Mr.. Clay, who
moved Tor a suspension Of the opinion until
Kentucky could be- heard. An attempt was
made To settle the question under the com
pact with Virginia, by tribunal - hich alone
by the constitution, had any jurisdiction OF
the case. The Supreu" Court, without ju
risdictOn, and almost before the two states
I'D lodi d
thrr former decision. They frowned upon
all efforts to cast further light ON the subject,
and almost refused to listen to petition for
rehraring. H. was not disposed to beg u
tribunal from which we had teen SD rudely
repuIsed. lie would appeal to another trbu-
nal with more intelligence on the subject, and
he hoped that Congress would take some
measure 10 afford Us remedy. He spoke in
strong language against J,e court aud against
The resolutions which he pronounced dcgrad-
Ing To- The state aud tD the Legislature.
Mr.. Wcbber did NOT think the course pro-
posed in the resolutions would produce aoy
inIury, nor did he think II would produce any
good. II would nnt degrade the state but IL
would be wholly Inefficient. He was willing
to vote for The resolutions, as also for an dppli.
cation 10 Congress; hut he did not believe
both Of these measures, unless accompanied by
somcthins more rneigelic, would produce The
least eject. Nhll, these applications were
pending, wrlts of possrssion would issue, and
III the mischief would be done before any rem
rdy could be- afforded. The Legislature, he
c"uicndrd, had the power, and ought ia cX
crcise ii,io prlhIhu the execution ol wrils Ol
usscssidn. ~ hiIr this controversy is pending
When the Congress aud people Of he y S
shall have determined that We mast submit 10