Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1823-03-20

X IpFtu, anu
On ;nc;i.at 10 the other. And as Virginia
has win the assent OF Kentucky, agreed
tha; the soldiers bounty snail De la'a Oh
TO him, II is her duty to perform mat en-
gagement, and II Is her right to iu'hi tha'
duty. OF this duty. nothing remains 10 6e
performed but to mark i ne iands. e
ven patents are not lecessary." one has
then ,ae rich, in fulfill ng her lawful eD>
gacemen,s TO GO on TO marx oil or survey
, those lands by her agents, and oil course
to appoint such agents cal! them survey.
ors or what you will
These opinions are strengthened by
there having heenno proU,sion IN ne com
pac, binding kentucky 10 complete The hutS
or to make accessory provisions TOR me-"
completion las also by the cotemporane-
GUS appointment, Of Col, Crogban and An
derson, which appolntment-to place ev-
cry thing beyond doubl-K. confirmed 10
1889.
Sir. r. said If he was right in these o.
prions, there would probably be no he-
cessi,y for mandanus. Appoint survey
ors and superinlendents. II they 40 their
duty bu, are impeded by prosecutions, un,
der the k. law, or by force, tue federai
ceurt is open to the party .or redress
The Kentucky law being void will be no
protection to any body But if the sur
yeFurs refuse 10 DO their duty, then they
NAV either be removed or compelled by
mandamus. For we have been told that
all that is wanting is an officer bound 10
perform duty. This deficiency will no
longer exist, when we shall have proV:-
ded surveyors.
But it is said the act of 1888 Is yet sus-
pended that it was suspended by the
act OF 1884, and the proclamation, which
act never has been repealed. Mr.. i;
said the suspendiDg act was itself vacated
by the treatV of Hopewell, which was a
paramount law. Law means legs lative
will 4: when the legislature have 10 longer
a right to 0itl, the law ceases. The le,
gis!ative will ceased TO exist in the act OF
1884, when the treaty was made. Alter
that time the act of 1888 was suspended,
not by the law of 1874, but by the treaty.
and as soon as the treaty was annuiled'
the act of 1885 was revived. ihi' was
in 1918 when il came into full force ana
mower. From that moment, Croghan
might have proceeded under the act oil
1893 10 receive entries and make surveys.
Thus we see the warrant holders have
complete redress, and so the qua antee
will surely fall upon rs It the commission
ers decide against US.
But admitting that Virginia could rot
lay off these lands by her surveyors--stlll
a mandamus would lie.
What is wanting? A Just cause. That
we have. 40 officer or surveyor bound
10 receive entries and surrey for those en-
titled 20 make entries and haze surveys -
And can il be pretended that there IS no
surveyor under the Kentucky law now
making surveys tor those emitted! Inc
CON rary is notorious. They are noIv &C
tuaTy surveying the located warrants IN
that county, But If there were not; Will
Kentucky debar herself OF surveying and
, sci ,pg | 800 900 acres for fear we should
| cumrel her surveyor tn survey our Ioo,-
| 600? Surely not. She must have an 9TH
Ger. She ao,c has one--and what IS MS
duty? 40 survey for all persons en'!-
tiled to demand surveys. Here IS MS
general au;hoIity--whlcb IS good. mere
il ind. ed prohibition to survey Virginia
military warrants not located before l792.
! But this exception TO bis powers is VOID
because against our rights. The genera
authority and du y are therefore clear, aud
the void exception does not limit them.
Thus we have all the requisites Tor a
maudamus. A right in the warrant
holder. 2. An officer 8, A duty Tor him
operi0rm
Then as to the court. H citizen OF
| Vire ir,is sues in state court OF Kentucky,
there can be no doubt of success 1t the
court is impartial and independent az 1t
would doubtless be. Indeed If II were
not. this guarantee would make the mat.
ter worse since all that would be recover
ed BY claimants, would come out Of FT-
GINA.
If the citizeps Of Virginia sues in the
federal court OF Kentucky. that court IS at
once invested with the power anl 'u'bo.
rity OF the state court ct Kentucky ana
if,he state court could compel justice, Ire
| federal court could d otooby mandamuS
! 10 he sulve,or 1t in thi v,ew that The
cases OF Mclntre and Wood, AID MCCiu-
ney and Sillimau, are Irrelevant.
II is said indeed, the mandamus IS pre-
| rrgatv wri which could n"tissGe from the
| federal court TO state officer. MT e
| referred to Martin and Hunter, Nun. 2,
showing the mandate" IN that case, anu
to WbeaioB's report of the same case,
| shelving tina, The court are very tar from
disavowieg their right n ISSUE Handa
| mus even to the courts themselves. lie
| referred also to the case OF the Bank a.
J ga,ns' the Ohio treasurer, to shew the
eek Gritty which has been manifested TO AT
tain Justice. He hoped we should not
have the Disadvantages Of all these deci'
sions without their aid 10 support OF the
! lust rights OF our warrant holders.
Mr.. /. concluded that the holders OF
warrants are not without remedy: that
therefore there IS 10 such absolute neces.
- -. o,,,,, g IN iustIlv omar