Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-05-13
VIRGINIA
IN semitic or VIRGLnrIa.

'''e'JN fVN y thI-
es-ond on NE provisions Of the biH entitled. I'm
act concerning lands returned delinquent for nom
Poyment Of fares. and making disposition Of Ger.
ram lands so delinquent, and Of certain esheated
MhdsJ or me benefit IF actual and bona fde holders
Mere@,' delivered in Committee Of the Whole. in
me Senate 81 pUgtnia, on the l7h day Of March,
MIR. MORGAN said, that the bill under consideration,
was SAID to.be abil for the So ,tlement OF land titles in
.he western country, ADD he doubted not, tina, some
oil lis provisioas would have that effect. But there
we're pr.'isions, which so far from settling land titles,
would, ii constitutional, unset,le thousands, and PRO.
auco very great dis,se's in every part OF the State.
Ana as TO The western country, some provisions would
nave Tue effect OF tanning the flame OF litie alton, which
has already 100 much impaired the vital interests OF that
part oi 'ne commonwealth. They would open a new
source oil fraud ana vexat,on, the misehie' oil which no
human eye could foresse, aud SO far the bill might we'll
be entitled, I'm act to promote Obligation. In movir &
to strike out the ~, 81, and l7th sections, he Nas no,
unmind'ul OF the responsibility under which he acted
a responsibility perhaps greater, than that under which
any other member could act on the subject OF ihis bill
for yearly all tae ID lega,es and Senators from the
western country, differed from him 10 opinion, as TO
'he constitutional power OF the Legislature to pass the
sections. There was no diff rence among them as 10
he necessity aud prophecy OF que ing the western
people Ia their possessions; but there was as II the
oesi plan to effect abe object. Within the last fifteen
or twenty years, various plans had been pup &c sied,
sgna,ea among the people, aud proposed in the Lsgis.
ia,ure, some OF which had been cs,ried-but the evil
sun remsined. He believed the bes, corr, clive W ouid
be found in the act of limitations, passed duriag the
present session: although much goot nigh, result, from
some cf the provi inns OF tie bill tow under e~cnsidera-
uot; and so far, he hoped 1t would meet the Apr oba,ion
OF the Ssna @. His object was TO remove such provi
sions as were Objectionable upon principle, and which
could not be relied on as sound law, until adjudicated
by she S0preme Court of the Uuited States, and t. re-
tam such parts as We're recognised by all TO be cons,ilu-
tonai and proper. Some Of ue questions na,y under
consideration, Were under discussion al the last session
oil the Senate, and the course he then took, did not
TAIL 10 Produce some dissatisfaction in parts OF his dig
,r!ci, and probably, his course now might increase i.
bni this mus, always be expected IN tie dlscu ssicn OF
great constitutional questions, in whirh the represen-
taave may seem II oppose the convenience Of the peo-
pie. lie, however, thought il better at cpce 10 take
The responsibility of sustaining the Con ttu ion; for, il
the law, Gas must be the case some iirue,) be deeIared
VOID by the Courls,'he people must suffer Tor our folly;
and he hoped his constituents would rather respe CT his
devotion to the security of their righis, than censure his
Judgment upon a question, w6ich Involves on the one
hand mischief to ibousands, and on The ether, can pre-
mote The interest OF but few. Indeed there are few
men CT the western country, not here 10 see and k,oS
for themselves, who can be certain, that this bill will
not ~endaueer the lilies to their property. The 2i and
81 sections provide Tor the forfeiture OF all lands here
toiore returned delinquent. He beliey we'd this 10 be
unconstitutional, because there was no law providing
that n~on-paymento OF lakes should be a cause OF fJrfsit.
ure, al The iiH.e the taxes were levied. The law in
force at The time taxes are levied, ia To be strictly CON-
sifued in the enforcement OF the payment, or al least
US Vigour canLot be increased. Just as well might
the Legislature pass an act, Mr.. Cnairmar, 10 forfeit
Your goods and chattels, or mine, for poeane swearing,
assault aud battery, or any other penal ufsDc4, or for
the omission OF any duty required by law, heretofore
committed or neglected, as 10 forfeit YOUR lands or
niue Tor the no payment of taxes, whan such was not
the condition Of the delinquency a, ,Le lime il oc.
CURED.
out amendment, and that the constitutional ouesion
ought TO be turned over to the Courts TO be seided.-
ms argument may sui, some gentlemen bur, TO his
mind, H amounted TO nIthing more nor less than an
evasion o! that responsibility, which proper,y belongs
10 The III mediate repTes, natives Of the peopls. and one
which ihey orghtto take faco 10 face with their con-
si1ueh'S. Noihlng was mate dangerous 10 The pgare.
happiness and permabeuce of a free STATE, han The eOi.
tan4ns OF gfeai questions. a6-s''nE che rfgn;s OF proper.
y, pelore me people, lr popular purposes, and of pass
ing laws, IN obedience to euch asitat:oas, and then
turning them over to The Judiciary, to settle the CON.
sitntlonah'y oil their operation. He thought wisdom
would dictate a different course. We NAV hill M, ,ba
olive bfaDeh OF peace 10 the people and they may be-
iieve us-wher, in truth, there is no peace when 70.
ming but disappointment end VEGA ion await ,hem.-I.
! n1' N 'ne very nature OF man-ioes not experience
tsach %us,--thai the representative, who in he 6rst
place, would disregard the Constitution 10 CARY .
scheme whiehhe bad advocated at the Husings-wouId
In be second place, disreg ard IL, when the exci,eman,
would be iocrea'ed, by the judiciary declaring his
scheme Unconstitutional and void ? And what tben p
An injured people, and an excited Legislature, turned
against ihs judiciary Should our Judges be such
men as have heretofore honosed Virginia-man who
wall declare the law Independently, according 10 he
homes. convictions of their best Jude ment. and ti.ev
shoull say 'nese provisions are uuconsitutional, may
we not be told, that necessity requires thsi- removal
from office And may we not expect a crn,ads agsins,
the Cont Of Appeals Bat, suppose the L.gisla,ure
shou'd iraf me ia'h o. Legislative censure, and indulge
us I'D our scheme, rtill there is an arm i'm the Cavern
rnent OF the UDiied Siaies, which we can neith err in
timidate nor removr, and which will protect and nre.
serve The rights OF the psopIe. Surely m gentleman
who ieyss the peace of HE country would Win 10 sac
80 humiiatng a state OF thiBgs, se would be Produced
oy inviting our citizens iDio The Courts of Justice. IN
der an act promising benefit, which would as.er,g ards
be declared void. And, he woulI ask If th. = .nats ~
Virginia was prepared TO do business 10 this way
One oil ths great evils OF this bill. is, that no man can
derive any benefit from the release proposed. until he
shaiI prosecute a suit with success. 40 inst le pessi.
Zen, aud Directors OF Ihs Litersry Fund, in he Snoo.
rior Court OF Cbancery aud al any time within twelve
nouths aiier getting a decree, they nav take an appoaI
10 the Court OF Appeals, AID carry the pnor settler
there, to remain probably for years. Tho settle, is 10
be charged with costs, Of course, and can ne YER recover
! costs against ths Preside mt and Directors. Tbis a, oocs
puts the benefit of the whole bill. aud az we'll nj
part which Is constiiuiional as those PARTS which are
not, out OF the reach Of hundreds, pefhapt tbonsanJs
OF the poor aud honest ciiZe ms, unless lhey shall make
sacrifices which the Legislature oush, ROT 10 reouire
Embarrassed With large aud growing families. thSy
bavO no surplus from the scanfy products Of srr.iI
farms, to throw into the hands OF the Officers Of Courts
and OF Counsel, to prosecute uncertain claims agains,
lhe y esident and Dire tors Of the IiIerary Find .
Yet, send Them This bill. and promis, N. m homes
however humble, they will End Lawyers enough WHO
VII believe VI to bs Constitutional. Under ,Ge. vain
hope OF quoting heir possessions, they will enter IN.
Coutio OF Cban'ery and by the time their cases shall
b. ended in the Court of Appeals, they will have paid
costs en.ugb, 10 t5ke the last COW and bed. necessary
iOr Tie tm'ort o. their families. About Uis rp,s
some case will find it's way 70 the Supreme Conr, ot IN.
U lied States, and the law he declared vol and the
unfortunate settler must leave bis home. vt,bou, ~,
means. OF carrying him to another. In a Government
like ours, the Legisli urs ough; "a th,r 10 apueaI III
rec ly 10 The people for the eel lsmept of sucbib nus.
lion, han TO the Judiciary. The people would always
rather suhsT present evils, for a short time, than rush
10 ohers OF greater magnitude, in attempting a speedy
relief. An appeal 10 The judiciary ougbt NOT n, IN.
/ a. EsEh. hNan.A q d. n.