Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-17

vincet, though "one were to rise from the dead. >
} And to such may be allowed the trite saying:
Convince against ms viii,
lies oil the same opiuion STILL"
The gentleman will not be convinced and must
leave him 10 the sin of his uabeief - and invite
others of the committee, who have not had refer
ence to the documents, TO which allude, to read
them; and, hesitate not 10 say, their verdict will
be against the gentleman's first position.
| may be allowed to speak ofthe state Of business
in the federal court in Kentucky, of which have
some personal knowledge We are furnished with
a statement by the clerk of that court, that there
remains on that docket $50 causes and that 1000
causes have been disposed Of during the last three
years. And here are invited by the gentleman
from Virginia to apply the simple Rule of Three,
in order to ascertain how long it will take the
| court TO dispose of the gao causes which remain
upon the docket. Upon the hypothesis that no
more causes to be instituted, il is possible
we might guess-oiherwise his sum propounded Is
as difficult of solution as that one set TO pupil
by country schoolmaser, which required him to
ascertain the worth of horse by giving him the
cost of piece of calico.
The gentleman from Virginia said, that there
were two causes why that court had been crowded
with business; If heard them right, q mean to
trust to my own recollections and not to what
have seen printed that he knew the citizens of
Kentucky, since the adoption of their relief system,
mad been in the habits OF assigning away their notes
and chooses in action TO nonresidents, in order 10
avoid the effects of their replevin law.
Mr.. Mercer rose, and desired TO explain Mr..
w. gave way.) Mr. NJ. remark ed he had not said
ne hneD the fact; that he had inferred that such
was the case
MIR. Chairman, said Mr.. w. do not refer TO
the report of the debate, but 10 my own recollec-
ton; and have, Tor an apology, if have misun-
IarstD nIfh g
down, by myself, at the time. will stand correct
ed, sir, and the gentleman is in no better situation
Upon what data has he based his inferences which
inference rs both against the fact and the law. Had
the gentleman consulted the law prescribing and
regulating the jurisdiction of the federal COURTS he
would not have thought ii necessary, in his Speech
by inference, 10 charge the citizens Of Kentucky
with practice inhibi ell by law, and which could
not avail them so far to give the federal court
Jurisdiction. The law requires the assignor as well
as the assignee, 10 be residents of other state
before the federal court take juri- dction.
Another fact (the result of inference, as / no,y
understand the gentleman,) is alleged why the bu-
siness upon the docket of the federal court in
Kentucky has accumulated. The citizens Of Ken
ticky are in the habit of TRANSFERRING the .i.i-
land noa-resdeats, orsier Did the
effects OF the occupying claimant laws Of Ken
lucky. | should like 10 know the evidences
upon which the gentleman feels himself author
lied 10 make this inference. Is the gentleman
arprised of the existence of law, of many
years standing, in the State OF Kentucky, which
declares void such conveyance? Will he I'M
dertake to prove that grantor can, by assignment
aud transfer of title, transfer the privilege of sue
ing in the federal court, which privilege, by law
he had not himself?
We have, Mr.. Chairman, description Of men
in our State, which may be called John Doe and
Richard Roe, men who have in some instances
49,. IL. l.
residents, and harassed our honest citizens in the
name, and under the flag of nonresident; but,
thank goodness, Mat species of fraud and artiice
has, by of the State OF Kentucky been
inhibited and forbidden.
Mr.. Chairman for the information of the gen.
tlenan, whose knowledge of the true causes of
litigation in that court, and their accumulated in
crease, is not as accurate. | discover, as one
would have supposed, from his repeated visits to
that State. and that desire 10 be Informed of them
which Is natural to every one in his situation.
will trespass upon the tiiDe of the committee so
long, with their indulgence, will enable me to
state a lev facts which, at the same time, may
10 illustrate the absolute necessity of granting
the relief which it proposed by the bill.
The diversified state OF land titles In Kentucky
imposed upon the legislature of that state the neces-
sy of an effort, by the enactment of statutes oil
limitation andrepose, to terminate those con.ro-
versss which had, for so many years, afflicted the
community, retarded the Improvement of the
country. and which seemed likely to blast the best
hopes of the statesman.
| In 1899, law was passed which provided that,
after the Isl January, 10, ro'one who had title.
in law equity, derived from the commonyv ealth
should be d,sposscssed after he had resided upon the
land seven years This law had tendency, !
have no doubt. in some degree to increase the
number Of suits both in the State and Federal
Courts. 1t is law To which we, who feel a
deep interest for the State of Kentucky are desi-
rous should have the effects which were desired y
I its trainers.
! But, SIR, by the delays incident to the present
system OF your courts, we have in effect been de-
priyed Of the benefits Of it, provision. The CHI
zens OF that Stale those men, and the sons of
those men, who rescued il from the savage and the
forest, have been compelled TO dance at tendance
upon that court, time after time, and term afi er
term, until they have expended more money, In
some cases, than the matter in controversy was
worth; and they have often been driven by these
| causes to compromise and a purchase of tile
which, if investigated, could not have been sUs-
tanned, AID many Of the defendants, who had the
means and the resolution to wait at the iu,Iicial
sanctuary until the troubling Of the waters -
have only met their antagonist 10 witness his re-
treat out Of court; but before they bad the pIea-
sure of ANNOUNCING the fart to their families ard
| friends, they would he again summoned to dance
attendance another hve Of siN years upon the pro-
gress ofthe Federal coht Sir. | have known
this practice to prevail 10 very considerable ex-
tent; and men have been swindled out Of thou
sands, when, If your adBins'ration Of Justice had
been speedy and prompt, 10 such consequences
would have cnsped What say, Mr.. g'hai man.
is not matter Of inference it is matter of fact.
The delays incden, to the trial Of land causes. in
the Fed court, have given rise 10 scenes Of fraud
aud oppression, which il is the bounden duty Of