The examiner. [volume] (Louisville, Ky.) 1847-1849, 1848-01-15
lion Of more than 100000 reside upon land 20

ton of more than 100000 reside UPON land 40
held. The Governor is a war-man. He ssys,
In ;he absence of laws governing the acoulai.
ton a property, there could be no titles ana
he who requires title to property in any Of the
ways known to the laws at the time OF its ac
cushion, Is entitled 10 be protected In its en-.
Joymeai, and no action of the Government can
diyest him Of The interest, except the exercise ~
that extraordinary attribute Of sovereIgp,v
known as the right of eminent domain. hy
which private property In taken for public use
IL therefore follows that he who has acouired n.
tie TO land by having been in possession him.
self, Or by those holding under him as tenants
Tor stch a term of years as the laws Of their
country declare shall work title, is iustas mueh
entitled TO De protected In its enjoyment as he
whoi Is enabled 10 trace his paper title 10 the
common source. Legislation, which can be
subjected TO the suspicion of asst ming 10 weak
en- or impair, however slightly, the title to lands.
cannot be too carefully avoided; and inasmuch
as that which Is sought by the tenants in this
respect is obnoxious TO that charge, and would
be- wholly imperative, have not been able 10
bring myself 10 its support. The object 10 be
obtained by the tenants is the ascertainment Of
the title of their landlord; and this you have
ample power TO effect without offending In The
| smallest particle against the laws that govern
the rights OF property, or against those equita-
Bile obligations which this State has so often re-
cogniHed in cases where IL has had the legal a.
| tie 10 lands in which others were eQuitabIy in
terested. In actions to lie brought by the State
involving the title for lands, the obstacles that
are thrown in the way Of private persons in lis
| investigation would not DO encountered, and
the adjudication would be entirely conclusive
/ and should, and il is believed would, be entirely
satisfactory 10 the tenants. IL an sction or ac.
tons of eiectment should be brought by the
State, ia such case OF cases as YOU may by Won,
wisdom prescribe, and DO fairly tried, the State
will have dischargedR duty which, in rny iudg.
ment, Il owes TO the importance OF the subject
and TO the interest as well of the landlords as o
those holding under them In the character o
tenants and purchaser II Is difficult TO under
stand why the most sensitive holders of larg,
tracts of land should feel alarmed at the pros
peci of such action on the part Of the Govern
ment. The confirmation of their titles canno
fail to render essential service in allaying rrta
item and disquietude, and hence increasing TN,
value and productiyeness Of their lands; and
am quite sure 1t will not be supposed that IN,
State will engage In sueh an enterprise for IL,
purpose of enrichlng itself. The general cur
rent Of her action in regard TO escheats sine,
the formation of Government, furnishes IN,
| suTest guaranty OF her justice and magnanimi
ty and II il shall DO found that the legal title q
any of the LANDS for the receiving Of which any
such prosecution shall be instituted shall be il
the State, she will cheerfully release the sam
to such just claimants as may be eeuitaby en-
title 4 to the lands. In such cases the State, Il
divesting itself Of the title, would possess tn
power-and, II Is not doubted, would exercis
tito protect every equitableinterest that shoul
be found TO attach to the lands. | will only add
in this connection, that while should regar
every attempt on the part Of Government 4
embarrasc or restrain private acquisitions al
unwarrantsble and despotic assumption of pow
er, cannot doubt that il is the duty Of Govern
ment, in disposing Of its public domain, TO con
fine the sales, so far as is practicable, TO SINAI
parcels, and TO actual settlers