Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-11-15
To JOHN BAILEY, ESQ"
From the Globe.

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We extract from Jeferson's argument in the Boture
case, me following observations. They show conclu-
svely The opinion of that patriarch OF liberty the re
mova OF inrudes and of the rights resulting as well in
inc general nature OF government from the provision
o Hc. sSC Be- h~ nt
derives no support on conduct and opinions of the
government when it was administered by as able and
upnght men, as ever occupied public stations in our
country. " "
"n feet, if The immediate entry was permitted bv the
EhgiiSh law, and our thought we might for.
uoH conclude 1t permitted by those OF the Province
had before too the example many of the States
and oil the General Government ITSELF which have never
hesated TO remove by force the squaers and
on the public lands Indeed If e nation were nut 70 an
action against every squaer, for the recovery of their
lands we should only have lawsuits, lands Tor sale
while troops parade should ntruers take
oil their barracks and shut the DOORS they in
the open air I'LL an action, writ of lorcbIe entry
replace them in their quarters? IT. in the interval of
adjournment ntruders take possession of The Capitol NAV
not Congress take their again ill an inouon AMI
Posse shall re'n'roduce then Let him who cam draw
line between these Tho correct doctrine s Thai
so long as the nation holds lands in its own so
long they are uBder the jurisdiction of no court but bv
special provision The United States cannot be sued TIe
nation by It's immediate Representatives, administers Jus.
ticc itself TO all who have claims on its public proner
hence the numerous petitions which occupy so much Of
every Session oil Congress in which have moi been
conded TO the courts But when once thew have grant
ed the lands TO individuals, then the jurisdiction of the
courts them commences. They i,I ,Len into liz
common mass of matter usfable before The courts If
the public has granted lands 10 which were the legal
property OF ~ may bring his action against b. and the
NO'''''
attempts to take possession Of AS lands the writ Of ore
e,s S"y tire action Of trespass ejecment and the
1hahceTy process furnishes him a choice OF remedies
Inc holders oil property therefore, are safe against i'm
oviduas by The laws aud they safe against tie nation
by lis own justice; and all the alarm which some have
endeaYored 10 excite this subject have been merely
al caPtaDdum popuIUm. As If the people would not be
sale IN their own hands, ia those of their
or sder IN the hands Of irresponsible judges than of per-
sons elected ~ themselves annually or biennally The
run Is no injury can he done any man By another acting
eieri III his own or public character which may not be
edfesscd by application 10 the proper organ TO which a
portion OF ihc administration of justice has been ASSIGNED
Our IhFd, aud conclusive remedy was that prescbed
by the Act Of Congress Of 1907, 81 10 prevent see
mcnis on lands coded 10 the u. S. The Execmdve had
been indulgcni, perhaps remiss in removing
from Tie public lands, under the general principles oCy
before explained aud babituay acted ThisAct there
lore was arccent call on them TO vigdn perform
ahce OF ther duty, IN the special district of country
ISey ceded 10 them by France, with some nodfc atios
OF us cXecise on previous settlers The Act has two die
unct classes OF intudcrs in view. L. Those who bcCore
me passing NJ The .3cf, had possessed themselves Of Inc
"nd ana were actually resident them at the time of
passing IL: and I'll Those who should take possession
UtT me passage n The .aet. L. With respect to tbc
ass OF hirudcrs b9oTe the passage Of the Act the 2l
G.oh provides That, renouncing all claim, they NAV
W m rom the register or recorder, permission to remain
. W. a"ns' extending their occupation to 800 acres sec
.n Petm'sions arc TO be recorded; but sec those
~ ooang permission are, three months notice 10
DC removed ny the Msrshal" ' "