Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-04-16
PLRGL.NL4 LEGISLATURE T..
IN SENATE.
SATURDAY. MApcu DC 1891

Speech Of Mr.. McCon1As of Logan. ON the " 9e
concerning lands returned delinquent for no,i-pay
ment Of tdres,' SC.
| MR. sPEAKsR;-lt is with unaffected dilIidence that
arse TO address the nate upon this important oues-
uoh MY A" ant OF Parliamentary knowledge and Imi-
ted opportunities through life amoss forbds the idea
oil entering into the discussion of subject of such
magnitude, as the constiuonaly of the second and
seventeenth sections OF this bill. But Sir the only
apUogy can offer is, that nv constituents are denI,
Interested in the passage OF the law that together with
thorough conviction oil the constitutional power of the
Legislature TO pass such law, will at all times he suf
hcient inducement for TO give il nv feeble support
But Sir, readily acknowledge, that nv embafrass.
nentis greatly increased, when reflect that have TO
answer the very learned and legal argument of the
gentleman from Monongaa. But, Sir, 1 shall no, at
Tempt at this time, TO follow him through all the argu
nents that he offered upon this subject as great many
OF these arguments were upon the details of the hill
ana not upon the principles involved in the second and
seventeenth sections OF the bill MANY of tho amend
ments offered by the worthy gentleman have no ohiec-
ton to; therefore, shall conine myself TO his remarks
upon the consuutionaiity OF the bill. The gentleman
set out with giving the Senate history of his former
course OF legisating upon this subject He informs us
hi,, ne mas ,ought much upon the provisions of this
oh and In the early part OF his lc he came to the
conclusion, that il unconstitutional TO mass sncb
law 1 regret, MIR. Speaker, that the worthy gentle
@ nse ever heard oil this subject until the present
aession Tor, am sure, his sagacious mind woud at
once have discovered that is competent for the
a'ure 10 forfeit lands, delinquent Tor the non-paymen
VI axes put In ts can find ready apology for the
Sen"ehah lor, there be any thing that can be re-
duced to certainty in the principles of man IL il The
suong preuhecuon he has for his first opinions and
hence' the great danger OF those youthful and hasy
opinions, misleading his ripper Judgment: and in this
way think, his own narrative accounts for the nower
iu eXeruons that he has made TO sustain those early
opinions am persuaded, that ii half the time and la
pour bestowed upon the side of the side of the side of
me question advocate, by the worthy gentleman ,he
senate would long since have been convinced and
wGuo nave mad no need of the feeble ray OF light if
ght IL may be called, that may be able to throw pon
q COmDlete li,n, Of
ms SUBJECT we must rnce the evil TO its root in that
w.y we snail be able to apply the proper remedy and
S permit me TO tell you, that the land law of l779
lies at the foundation OF all the evils that have rosI, al
10 the Western country upon the subject of the Land
uues. 1t VIII be seen, Mr. Speaker that as early as
ISL the Legislature made il the duty of fbe sbcrr n
distrain lands well as slaves and IN soil bo sa
upon four weeks notice in the public papers: but If The
subject so destrained did bring three fourbs of M
value, 1t was TO be sold at three months credit II will
De perceived, that the act of 1890 forfeis land within
hree years and make subject to location The act of
100 hU' on'y creates present, but prospective for
lecture by declaring sit the tax on anv tract o land
"ihh his commonwealth shall remain unpaid for the
space oil three years. the right such land shall he lost
forfeited and vested in the Commonwealth and i, shall
be lawful Tor any to acquire title TO apy lands 60
i0Iei'eu' oy location agreeable 10 the act of I779"-
The act oil 1913, creates like forfeiture The act of
1902 made all lands heretofore, forfeited and hereafter
10 be forfeited 10 the Commonwealth for The non nov,
ineht OF taxes redeemable. call upon the Senate ia
view the confusion that this course oil Legislation INNS
nave produced, Tor the Legislature in 1890 1892 and
ooo, SUBJECTED tnoSe forfeited lands
mus invited her innocent and unsuspectng citizens 10
vest their funds in these forfeited lands bv sung
out grants Tor the same, and in some ten or 6Goo5
years afterwards to repeal those laws under which The
grants were issued, and TO give further time TO the de-
delinquent 10 redeem. $40 Wv
ASK gentlemen, if this is legsating in good faith,
towards the citizens OF the State! 1t does seem TO me
'hat this was barbarous system station IL pre
sents some questions of grave Importance TO the
sideration oil the Senate. Where does the LEGAL ill., Of
nose grants rest that was forfeited between the wears
tho i
vernment, by virtue OF the laws forfeitinp The sane
or does it rest in the delinquent, or does il rest
IN me junior patenee, who has since those acts
oil forfeiture sued out grants agreeable 10 tho act
ierfeItlng the same? IL it rests in the denouept
contend we have the power to create present forfeit
ture, and vest the actual occupant with the Common
"ealth righl but II the right should be in the unior
patenee, who has taken up and patented those anIs
under any ot those laws of forfeiture il will moi he
IN the power OF the Legislature to pass any law 10 Of
iect their vested rights that would evidently he
CONSTITUTIONAL but if the title should be in tho oo,
ment, ask, if she is not. morally bound in all CON
science TO make the title to The Junior patentee who
she, by her solemn act of legislation invited IN locate
The same and assuring him, the same time he should
obtain title under the provisions OF the act of 1870
tablishing land office? In order TO see the deerons
effect OF this system of location had upon the trans
leghany country, and the beneficial effect il had upon
the Ire asury OF tn e Commonwealth i, will he .os
cary TO turn our attention 10 the spirit OF location n
prevailed Within The periods that forfeited lands were
suoJ ct 10 location. ADD with view 10 satisfy The
Senate upon that subject applied 10 the Re gsisr 10
obtain the AMOUNT CT land warrants that had bcen sod
~ The government, and appropriated by individual
between 1913 and 1909; but soon ascerlain.d mat
would be aImes an eudess job, il wa, evident that
virginia hSd already granted eway mora lacd %
was in the U tied States OF America and Great Ri
tain then, to furnish ihe Senate some daa obtained
the amount oil warrants Issued and appropriated bp
tween the Bird of MAY, 1893 and the 4 h nj Ssntssni
l79i' which amounted TO 5O9993 acres at tvs csnts
per acre, which amounts to the SUN of S7OI ass TX
Land Office fees for the same time, IFS aos IL
To Exchange warrants, ,ss no
To $50 pls's, 4555 M
SsSl,i55 rs
| And it will be recOlecied, NJ Sneaker. tb,t This
was after the raging fever of specu!aioo had. in a