Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-05-14

tho mos, prominent Of which was the promise Of land
bounties 10 her officers and soldiers, as we'll upon State
az continental establishment. She was then the mis-
tress OF an extensive region, aud IL she had continued to
retain her sovereignty over il. TO murmur of %compiairt
would ever have been uttered aglnst her, by those who
fought not her battles only, but those Ct the coniedera.
cy. She drew no determination between her Slate and
continental troops. None in truth existed. The only |
difference between them was a msre difference - To tie
Gavert ment by whoin they were to be paid. Tie SER
vice Of tie : ate troops was ~ trying and a. pctilous a.
that of The coptinental.. The sam iielis were embrurd
with thrir blood; ard when victory perchcd on the ban
ner OF the one, il slighied also on those of IN. other. In
%tulflment of her ~plighted faith, a resolution was adopted
by her Legislature, on the 10 h of December, IT'S. APP
propria,ing ell tue lands lying between Green river, ths
Cumberland mountain, the North Carolina linc, then
Tennessee aud Ohiorivers, exclusively to the purpose Fl
satisfying The claims to military bounty, and in 1871. she
added the lands lying South Of Tennessee river, and be.
tween tie Ohio and North Caroiins liue, and the Missis.
sippi. He rccitsd these facts to show distinctly to the |
Senate that she had ever considered The claims Of both
her lines as iuscparabie and uudi -t,nguishable. a fac,
which il was necessary to bear faithfully 10 mind.
In 1881 .he adopted The policy of ceding TO the Unit.
ed States her extensive territory Northwest of the RI
yer Ohio, which had been conquered exclusively by
her own arms; and or the 81 day OF January, passed a
resolu'i'n authorizing her delegates in Congress to
msks The session on certain conditions. III ere, Mr.. Ty-
Ter said, The difficulty appertaining TO this SUI iect had
commenced. A difficulty which had heretofore prevent.
ed her from doing fun and ample i.sice to her gallant
sons. By the resolu,ion authorizing The cession-he
would cdl |, the power of attorney under which her a.
gents a~c,ed-her reservation Of lands appsr,ained as
well TO the bencf al her State as continental troops
This wa. the Only an h1riiy with which she ever IT,
vested any one in relation 10 the lands coded. Here
MIR. L. read from 4 copy of the original resolution the
following words, "That in case the quantity Of good
lands on the South, east side of the Ohio, upon the VIZ
iers OF the Cumberland river, snl between the Green
river AMI he Ter nessee river, which have been reserv-
I'd by law Tor the Virginia troops npon continent,l es.
tahlishment, and upon her otcn State establishment
should (or the reasons therein stately prove INSULT Gent
Tor theirl'gal bouniies, the o. fciency shall he made IN
TO The said troops 10 good lAnd, II he laid of between
thu rivers S toto ard the Little Miami, on tho North
side Of The river Ohio, SC. &c."
No one will doubt hut iha, her agents were bound
by their poshirc letters Of instructions; ard that il the
Died varied in any essential particular from the term.
OF the authority by which sl5ne IL was executed.
entirely avoided 'hcreby-a court If equity would cor
= rect such variation and supply all dsf.cts. This was
the fact in regard 10 this transaction. The deed as
signed, reci'ed the whole OF the conditions expressed
= in the resolution totidem rcrbis, but omitted all men
lion ct the Safe troops How could this have arisen!
{ The Legislature OF Virginia give no authority 10 any
one o'h"r than hat which he had just mentioned. She
had never coStemp'a'ei a measure of justice for her
continental', which she did not II tho same time deal
e out 10 her Safe troops. There was but one mode of
accounting for it. There must have been an omission
either in he copy recited, or in the re ctal of ihe copy.
NO o'her rational explanation could be given. He
'ah IN 'ac'' u his memory did not most egrcgiously de-
ceive him, seen a certificate 10 that effect, from MIR
Monroe, who assisted in executing the deed. He had
not been able, recently, 10 lay his hand on that docu-
ment, nor did he esteem il material. The narrative in
to which he had entered. served fully to establish il.
la fact the Journals OF Congress. Of 1888, showed how
the mistake had originated. a committee was appoint
ed Ia consider of the terms of ces.ion, and 10 report
n nnI'e, ,%; and they rndsrieok, in thu rsPort. TO SCI
~ which Virginia had proposed TO make the cessinn
The OH condition was that afpertoining to this subject.
and in the recital OF that the error was committed
which ran in'o he deed afterwards. That committee
had the resolution of the General Assembly before them;
and it is not to be credited for a moment, that they in.
'entonaIy recit"d flis1..Y its term. 1t is much more
credi;able and just towards that committed 10 a7cribe
the omission TO a mere oversight. II he was righ nj in
this, il followed that the State troops bad a fall right 10
| enter tpOn the respryal lanls Inrtb uuacr a ~ .;.o.
Ohio, in order to locate their warrants. The lands re-
served in Kentucky had proved insufficient from two
causes. First, in running tie division line between
kentucky and Tennessee, ths territory of Tennessee
had enerosched considerably on those reserved lands.
Ana secondly, a portion OF that tract Of country was
lnhahited by the Cbickasaw tribe Of Indians, IN 10
1919, when a treaty was negotiated with the m where
upon Kentucky claimed exclusive iurisdiction owe the
country, and forbade the location of tic military war.
rants In the meantime the S ats troops were not, and
nave not at any time, been permitted TO avail themselves
OF the reservation on the North wet of The river Ohio;
and now the permission 10 do go would come TOO late
ne continental troops have taken up all the undispu.-
ed land OF any value contained in that reservation; and
ny reaFon OF a mistake in running the first boundary
line, tho United States have sold a large portion Of what
property fell witliia tLat reservation. Thus i. is that
many OF the State troops have never been sai.fsd i'm
Their just demands. Not by any fault on he part Of
virginia, but from accidental circumstances over which
she had no coRtrol. There remains now within the
reserved Territory 10 lands which would remunerate
the labor and expense Of location. The Government
itself has sold a large portion Of them; and, so far as a
deficiency is produced from that cause, no one can
doubt but that the United States ara bound 10 make il
good. But il the reservation, the Interpolation of this
Government apart, had proved deficient, this Govern
ment ought 10 make il good. II paid down no valuable
consideration for that extensive domain. II received il
as a gratuity. 1.-THE reservation had exceeded the de- |
mands o. the officers AMI soldiers, all the surp.us would
nave belonged 10 this Government. Surely the rule
should work boh ways. If you would take the sur.
plus, II any, you ought 10 supply the deficiencies, il any.
But these claims rested upon another ground, which
ne considered equally strong The contract with the
soldier created on his behalf a lien on all the indicated
lands held by Virginia at the time of entering icto that
contract. Ihe whole North western Territory was
SUBJECT TO his claim. Virginia could not make void
ken subject to it. since it was prior, in point of time, 10
The. deed Of cession. In a court of iusice, in a case be.
twten individuals, he apprehended that but one ivdg. |
ment could be pronounced in this matter; and he trust.
&C. that this Senate would not hesitate in fulfilling the
demands OF justice. No deep concern need be felt n.
70 The amount OF these u~nsatisfsd warrants. He was
IN posSesaion OF a document which enabled him 10 ar
rive "Iih something like accuracy al the ouantitv Of
snd. " was a statement of the Register of The Land
once from which the warrants had Issued. furnished
IN 1872. There issued 10 the State troops, prior TO lh.
year i'Sz, warrants amounting, i'm all, TO IL 10, $50 23
acres; AMI between 1902 and 1922, others amounting "a
o',4uo l-5 arres-mokingi In all 1,I77,9O3 acres. OF
these, l,O@l ,l34 2-3 were oca'ed-Ieavinp of uosatia.
hed warrants 1858 l3 acres. Some small aIdi.
uon, mas, no doubt, been made since; but when IL is
'een hat, in dirty years, warrants covering hut 81.
ao9 l q acres have teon issued, il, may Justly be infer.
red That those which have been Issued since are of in.
confdorablo amount. When 4, is recollr c,ed hat The
Congress, but twO years ago appropriated one million o.
acre. IN aid Of the Ohio Canll-anI il engaged aimos,