Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-03-28
HOlISE OF DELEGATES.


las, The Delinquent Land Lao.
The question being on MIR. Tavenner . amendment:
MIR. STOCKTON said, the gentleman from Braxton and
Lewis has, in advocating his amendment, given us a
dissertation on surveying He has informed the House,
that the SURVEYS in the West will not cose-that, in
running The closing lines the bearings and distances do
correspond with the patents. Now, is there my
mystery about this: Does not every surveyor know,
that there never was survey made that did close IL
is usual to the closing line OF survey-it is
generally found by calculation protracton Hence,
all the of bearing and measurement IN all The
other lines are thrown INTO this. The member from B..
and L. has stated, TINT "he believed the Western me M
beers we're unanimous in favor of his amendment. AS
TO the amendment MIR. S. had no objection 10 IL but
he considered the whole Delinquent Land Law wrong;
and the il patched by amendments the worse
il would be-
Here MIR s. was called to ORDER and informed ''.hc
amendment only before the House, aud that 1t as
not III order to discuss the merits Of the biil.'l
Mr.. S then moved the indefinite postponemcnt OF the
whole subject, and proceeded II was due ~ his Western
friends in this House. and 10 HIMSELF differing as they
did this very important subject, that he should assign
his reason for that difference. lie could assure them,
that he had interest in lands returned delinquent that
he had an interest in junior titles; that he was IN
favor of protecting the actual settler that he had resided
in Western Virginia 40 years that he possessed
and indooI $4,000 tho" he ~as actually noI IL,
he held in Western lands His object was, 10 render
thosc lands more valuable BY having the Western land
/
ern friends and himself was, how TO accomplish that
object.
There was one Western gentleman with whom he
occupied different posltlonhe alluded TO the patron
of the bll-the member from Preston when TINS SUD
ect was before the House few days since, he (Mr 81
had said something discussing the subject, which, 1t
seems excited the ire Of that gentleman. Being cut
off from any reply, al that me by motion to lay on
the table, he would notice his remarks. The mem.
Der from Preston made attempt at w.t. That was IN
very bad taste He SAID ut was pretty business, Tor
the member from Fuyette and Nicholas TO undertake TO
enligh,en the Western Bar on the Land Law-that ne
was better qualified for SANDER suits, NC. Mr.
would that gentleman that he never was con-
cerned in SANDER suit, and thought 1t would have
been more to the gentemans credit, as lawyer, to
have met the subject and discussed il on its merits than
to dodge it by droning and whining attempt at wit.
Mr. S. then read some portions of the Delinquent Land
Laws and said those laws were partial IN their opera
tons and would not quiet and settle the land titles, as
was urged by their friends; but, on the contrary would
produce litigation Instead of dividing those large sur
veys in the West and having them occupied the ten
dsncy of this la would be consolidation and monopoly
in the hands of few spectators. The law prohibits
commissioners from becoming purchasers, under their
own sales but il could not prevent their friends nor
the commissioners in one county, from purchasing III
another, which frequently occurred. =.
There are strong objections to this law, thal us
friend, have not answered When large survey re-
turned delinquent any person, except The one VINO Is IN
default for non. payment of taxes has right to enter
il and ret patcnt-Whcn sales made, it is the duty
Of the commissioner to plat those junior surveys, ard
sell only that portion covered by the Junior titles
The State makes title and charges taxes TO two persons
for the same andWhen sale is made OF that portion
not covered by the junior tte 1t / sold Tor the taxes
nm The whole suryey-f il brings more than tho amount
of taxes and expense Of selling, the law provides, ta
such excess belongs 10 the elder pacntcc. Then arises
the question: between the original Patenicc and the Ju-
Nor and in that suit, the law says, that The original
natcn shall not bc read evidence. Here Mr. Brown
of Preston interrupted and sad "at vas The decision
of the Western judges, and had not been contested,
that he had heard OFT Mr.. S. replied lie was aware
such were the opinions Of some but that others differed
and many suits were growing out Of those questions
which he feared would not result iavorably 10 those
claiming under junior titles No country could prospc:
where the land titles Tot settled, and boundaries
we'll defined No prudent man wished to buy lawsuit
The counties of Monongaa Preston, Wood, and Brooke
bordering on Fayetc Greene, and Washington IN rem
sylvania furnish strong illustration So soon as you
cross the line cut by old Governor Penn four rods wiae
The country presents different aspect Pass down Inc
Ohio river the is presented. Take view Oh
the State OF Ohio. That portion between the Big ociota
and Little Miami, bounded South by the Ohio 'cr, ana
North By the Indiana line reserved by the STATE Oh
Virginia rs bounty lands, for her officers and soioiers
in the Continental Army These lands were locatco ana
surveyed as other Virginia lands, and disputes nave
arisen that DO not exist where the land laid oil ~ Sec
tons Here you may great, and perhaps greater
disparity than exists between Virginia and Pennsylvania
These were some of his reasons for opposing the dei
qucnt land laws.