Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-02-09
GENERAL ASSEMBLY,.
In d.

eAG
Destruction of 0 ysters in certain rivers of the COM
monweaith.
HOUSE OF DELSGATEs-FEn. S.
Mr. Gilmer offered the following preamble and
resplations:
Whereas a resolution has bcm heretofore adopted
by the General Assembly requesting the Executive
u prepare and transmit to the Senators and Repro
sentatives from this Stale, In Congress-, a statement
shelving the amount OF unsatisfed claims for lands
belonging to the officers, soldiers and seamen If the
Virginia State line during the Revolution, and such
stntsnent has been accordingly prepared and trans
uiitted-Therefore,
Resolved, iiaaatasousiy, by the General Assembly,
that the Senator's representing this State in Congress
be instructed, and the Representatives from this
State be earnestly requested, to use their best ex-
estions to procure the passage Of q law, providing
for the satisfaction of the said claims. in such mode
as may be deemed most e~xpedient and proper.
Resolved, that the Executive be requested to pro-
cpre and to lay bofore the next session OF the Geu ne
raj Assembly, all the information which may he re-
quired, IN relation to the unsatis8ed claims of the
officers, soldiers and scannen of the Va. Stete line
during the Revolution to military bounty lands, with
in the State OF Kentucky; and to ascertain as Far
as practlcable the present condition of those lands,
and the portion thereof which remains INDICATED.
MIR. GiAner said, that it was proper to state briefly
the outlines of the claim which Virginia asserted on
this subject. 1t was no appeal to the generosity of
the Federal Government, but q substantial demand
on its justice. Ia 1871 the Legislature ofVirginia IN
pursuance of a recommendation of Congress, that the
States should cede their western territory to the u.
States, adopted. certain resolutions, declaring the
terms and conditions on which Virginia would con-
sent to the cessfon of her Northwestern Gomain. The
9Th resolution declared, THAT in case the quantity OF
good lands on the southeast side ofsthe Oiio, upon
me waters of Cumberland river, and between the
Green and Tennessee rivers, which have been re-
served by law, for the Virglpia troops on continsntal
establishment. and Upon Asr o'oo Shrte essabhshmeut,
Shouli from the North Carolina line beoring in fur
ihes upon the Cumberland lands than was expeete
prove Insufficient for tlleirlegal bounties, the deGci-'
.encg should be made UP to the said troops, in good
lands to be laid OF between the rivers Scioto and
Miami, ca the northwes side Of the river Ohio, in
such proportions as have been engaged to them by
the State of Virginia These resolutions were lite
rally transcribed and forwarded to Congress, where
they were referred to a select committee. Theywere
considered reasonable by the committee, and T. report
was made recommending en- acceptance of the ces-
sion from Virginia on the terms which had been pro-
posed. In the report of this committed, the words
ss6pd upon her oscn Stase establishment, y iu the 9Th re-
solution were omitted. This omission bappencd, it
is supposed, accidentally, through the negligence of
the clerk o fthe COMMITTEES. This report ofthe select
Committee, with this omission, was agreed to by Con
gress, and an act of cession was afterwards adopted
by the legislature of Virginia. The same omission
occurs In the act of cession, and can only be account
ed fos as a mistake, arising from a presumption on
the part of the Legislature. that the committee of
Congress had actually as they protested, set forth
the terms on which Virginia had proposed 70 cede
Tier territory
II seems also that the officers and soldiers of the
continental laae, (even If we suppose tt II this onis-
6iOh q oi.hCd WHY u I OCILJ " tOCtLC lDClT
I0iiitary bounty warrants, either in the Cumberland
reserve, or in the Northwestern reserve. Phey had
thus t~wo,fands, from either of which their land claims
could he satisfied. while the officers and soldiers of
The State line, had only one. The continental troops
flor whom Congress we're bound to proyide,) located
their warrants On the Kentucky reserve, SO as to ex-
baust most of the good lands. which remained Of er
lilo adjustment Of the North Carolina Tor what Is now
the Tennesse e) line, and thus left the troops of the
State line without the means of obtaining their lands.
Fhe government of the United States were thereby
released from their obligation to provide for the con-
tiEental troops, to the extent of these locations, and
thus benefited at the expence of the troops of the
State line Every principle of equity, and establish
ed Justice, requires that the troops Of the State line
should now be entitled by substitution to the rights of
the continental troops III locating their warrants up
on the Northwestern reserve. The continental troops
had two sources from either of which their claims
might be satisfed-while the State troops could re-
sortto but one of thcsa-and the former having re
sorted to and exhausted that fund from which alone
the latter could be satisfied, strict Justice demands
That the Stale troops should now be al liberty to re-
sort to the Northwestern reserve.
YlIeTe is another source from which the claim of
Virginia in behalf of her State troops is derived. By
the treaty of Hopewell, negotiated between the e..
States and the Chicsasaw Indians in 1886, the In
dian title was guaranteed by the United States to an
extensive territory, claimed by Virginia, and which
wus pledged for the satisfaction of the land bountIeS,
promised to her troops. The location of the militia
sy warrants upon these lands was thus prevented by
the act of the general government. The Indian title
to this territory was never eXtlngulsbed until 1919.
since which time, IL IS believed, this fine tract oil
count Y. or large portions of it, have been disposed OF
by the United States, and the proceeds added to the
funds of the general government.
This Is a summary Of the principles on which Yir-
yinia rests her claim on the United States. 1t Is not
necessary to review the policy which has character
lied the intercourse between this State and the fede-
Tal goyernment-nor to enunnsrate the sacrifices
which we have made TO establish and perpetnate the
Union. 1t would be remembered that Virginia asked
M hon of tho hands &c Capurovr--bo 0n1y netof
for justice, AID this from n government winch had
been enriched by her bounty, and had grown power
fMl al her expense. Having gtven mIllions-we only
usked that a p,ttonce should be paid where it was due
70 the officers and soldiers Of the Revolutions.
With regard to the second resolution, Mr. 6. said
lie would only remark that every principle ofjustict
and good faith demanded that Virginia should asser
and sustain the claims of her troops on the State o
Kentucky. He feared, it had been Inferred from on
recent in Inference, that we had a5an Toned these
tfaims-he wished to manifest TO The world that sucl