Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-05-13

stands before the Committee of the Whole, the amend.
mems proposed by the Con mite- OF General Law, 90
Tor noting aad the whole bill il open Tor discussion.
lie would take he lib r,y OF assailing az many OF The
detective parts as Ia thought proper, although not strict
" o'd,r' on 'he m ton TO strike cut the sectcns pro-
posed. But he would do il, with a view OF showing
the magnitude OF the dsiec 5 al once, ard OF proceeding
% remedy them as lar a possible. This freedom of
DEBATE, he knew, was Away indulse ed in the ) pate.
LIS ccn'ended bat, as the bill is for the benefit OF the
western people, and n maj ,rity OF the meub re from
the West, are in favor Of ali is provisions, il, ought to
pass without amendment. This has ben said out oil
doors, and we may exp ct il here before the end OF the
debate. He would show tat the whole SAFE was
deeply Interested, no, only in some OF the. new princi-
p es oil evidences proposed to be introduced, but IN the
appropriation very unnecessarily, and improperly, OF
i,om.S5O,OO0 TO $72. 900. ard he would not be surprised,
u TO ,he anoun. OF 800 coo. He regretted tina, in thi'
he Offered from many OF his friends, but he had reflected
lorg on The subject, and as ma,urely az he could, and
was sah- ned with his own opinion. While ev.ry man
caa now see the mischists OF our land law, and the
decisions OF the Courts, (Which he did not himself APP
ptove) perhaps few men will attribute improper de-
Signs TO those VITO passed, or those who expounded
them. He Get tainly would not. They are the laws Of
the land, aud we cen only change them, so "a a. the
Constitution OF the United States, and the Supreme
Court, viii permit US. Wa now proyo1e % aid n new
Ink to the chain OF titles, aud he feared, ct d,fficul;ie.;
bn, who can tell the ell, CT! 1t is %prcposel to make
'his bill, so far as ii provides for the forfeiture Of lands,
apply TO the Western cqun,ry and he wished Eistern
Meinoers 10 rccOlleet, thstn tIey passed u, IN It's pre-
sent shape, they would lay the WeAtsrn people under
rules oil ioi fixture, too unjust To be submitted 10 by .he
af'-r people Nhlte on me western Naltfs, al,
lands returned dvlinquen. be'ore 1921, are 10 be, a, the
passage OF t5c bill, Absolutely fJ,l ited aud vcse IN
the Commonwealth. All returned in that year, and
since, the taxes not being paid thereon by November,
1888, are TO be at that time, N like hammer, forfeited
and ve-ted-and all lands hereafter 10 he returned, are
TO be forfeited after being delinquent three years. Yet,
no such t9rietures are TO be made OF lands on the
Eastern Watsts. The Eastern people may pay their
taxes when they pleas. ~ the bill be Tor purpI ses e
revenue, I, ought 10 be uniform aud il Tor the seule-
ment OF titles, thought to be just aud constitutional.
But, let US examine The course OF legislation for Inc
lastl5 or l6 years. In 1911. AN act passed, authorizing
any person 10 prosecute a SctTe fdciGs, tor the repeaio OF
any patent issued contrary 70 id1, bi false suggeS-
ton. or to the prejudice IF the plaintiffs right aud
this, il was supposed, would have the ervc OF co rect.
ing mos, OF the evils of the old land laws. But the
Coar;s iouLd, that TO give II a literal construction, il
would rip up the very bawels OF society. Many of the
CID aud me'iiorious inhabitants would To- their lands,
Tor inf0rlnali les ard Irregularities in the entries and
surveys, and they would be taken by no who went
10 the country, aud tyok up lands, for purpo So of specu-
iaion alone, and who had used greater caution in maxi
ing their loca ions and surveys. Under this consrIc.
ton, the mischief was incAlculable, and could not be
endured-while, under a different construction, the
law was Of but lite consequence. The L. gislalure,
in 1918, was compelled 10 amend the act, and e.,rain
the mischief that might result, from its provisions.--
IL Was than prov:ded, thai no paten, shauld be re.
peaied, uulsss the plaintiff proved himself eo,i;lad to
a good, equitable right, existing prior to the emana-
ton OF the patent proposed 10 be repealed and tina,
no scTe Jdtids sauuli be allowed, bot wi hin ton
years after The date Of the pa,en, propojed to be re-
$500 $500 tLNS win O'Ath GU "a ~ nS dlu Wis
Of ;hat plan for settling land t;e..
The gentleman from Lewis, when in The House
oi delegates a lew years ago, procured the passage
o. q bill, substantially 10 revise the fist scire fncids
law, and the preamble supported this kind OF a case,
10 wit: That A, in procuring a patent forty years ago,
might have committed a fraud upon the genusmau
from Lewis, or even some perscn no, then in beng,
who ten years ago procured a patent Tor Mo came
land, which would justify tie person holding the los,
patent, in suing cut a scire JGeids TO rep.al ii st
When tina. bl. came 20 The Senate, a gentleman from
| hanayla. and him.al! stnaus IN H. ,nrn pin aa NJ
Hsneral Laws. TO which il was referred, and they,
with the o'hsr m 'nbers. took great Pains TO exa,nine
a:d con:ider j but reported thatii ought 10 be ri CT
ed-and 1t any member Of the Senate vas IN ld,os o.
ls passage, he nsysT kncwit.
But, another scheme Tor the settlement OF land tiles
yo"e tune AftefH arGs passed the Horse OF Delegates,
which he thought lot less extraordinary iu Its pfiooi-
pies, taan IL would h4vs been unconstiuiiona! in its
operations. II was, however, put upon lie plea of ne
cessily, and provided, that in any conruvsriy concern.
log the rlght or possession OF land, the paienl shoutd
no. be conclusive evidence, bat that either party nigh,
slew, that ihe patentof the other Issued on a d. fec i've
entry or survey. Ii also provided, tn II any person IN
Possession OF land on the Wssern Waters, under a
grant, having reason to fear that there was a better out
standing tile than his own, wss at liberty to ole his ne.
iliisn M the Superior Court OF ChanceJy, setliag cut he
par. iculArs of his title aud possession, aud pravine 4, h.
Quoted against all such titles, could have an order for
Publicttion, made up by the Court, con,a;uiag a state.
ment OF the nature OF the action, TO be printed in some
Newspaper, profanity for two monihs, af,eF which the
Couft was bound to render a decree, (uniess some per.
son appeared TO defend the acionD quieting the pain
tfi, aud finally aud irrsvoeably ves,ing the lille 10 him,
Bui any person holding a better GU .-siandlng title, wa.
permitted TO ceme in wi.hin FIVE or seven year, Che
tims be did not rscOllect: Tor be had not read ,ho bill
within the iasf twelve OF eighteen months and sci
the decree aside, and have a fair trial but n not. hi.
right was 10 be forever lost. TINS bill frat ATTEMPTED
TO change the settled law Of the land, and then to have
the csuses decided without trial, OF raher bN cr pnrte
Trial. The publication was TO operate 40 no,ice
TO all he world, and those who thou sht proper,
might enter their appearance, aud become paroles
II this bill could have operated alone upon fcrt igps,s,
who are no' OH cts OF cur care furih,r thaa justice
demands ol US, IL would not have been so Injurious:
but The ruth WAS, III II ths main evil wac to fall 90 our
own count5yme0. The bill was, however, unauiiaous.
" rejected, as will be seen by toe namos oil the mem
bers present, recorded in the j'urnai.
The bill Which agitated the Senate so much al the
last scseion, and produced 50 long a discussion, con-
tanned one provision OF such harshnes5 and iniu ,lice.
that il des sryes 10 be mentioned Just now. Alter pro.
viding Tor the immediate and absolute forfeiture O, a
great quantity OF delinquent lands, il wds expressly
| declared that no person should DO al ibery 10 shoy
that the taxes for which hi, land was tetuned delin.
quent and 50 forfeited, wsfe actually paid aud the land
retafnsd through mistake or taUi. This oil. aflr
being greatly amended-indeed a substitute adopted for
it-was seat 10 tho o,heT House, where il was per.
mitiej to lie on The tails 10 tbs end Of The session.
lie would mention on s'o'her bill uool The subject
of thu Sc iand', which was IL the recollection of several
an mbeTs and OF the Clerk, for he had copied il. IA
vas one prepared by himself, five years ago Tina
bill provided a uniform system OF Jriei IRE, whcl
was intended to opefaie pro pscuvely and airly, ADD
aIso Tor the presetyauO Of a %p.rmaneut rscoid in each
equity and corporation, Of all sach torf-ltures. II also
provided for he sale q The land which were hen de-
linquent, ard on which tue COmmonw al.h he'd a
lien; aud bad % passed, tie dIGi .ui'y Of makfug IN INST
IfdcfO iofleiiures would not non rave exi,t,d. Bot AT
that TINE, he wa considered 100 Tddicdt on the cut.
Iisct, add too much attached TO Western interests. 10 be
relied on, and OF rot even get IL fully c0D'id r. a..
He suI adyoclicd the same principles Without t.
/ aaa oh ARC hnV upauL Ia tuaa u.tI-u Iy $500