Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-31
THE RICHMOND ENQUIRER.

solution from The House OF Uelesd'e' o1S -
a joint committee of Conference 10 ieia'ion -
omissions, &c Laid on the table
Chap. Il0-Ot dover and jointurc. -,
Sec 4. Mr.. CARLIiE moved 10 sriae oa'
The words "or personal" $50 as 10 cohnie .
dow's dover 10 real estate only.]
Mr.. STANARD moved an amendment p,v
posing 10 insert cersn words which mao oeen
stricken uul by the committee on Revision.
After considerable discussion by MessLs; Gh In
LILLE, STANARD, WITCHER and IL LHH'
the amendments were Withdrawn.
Cnspt lll-Oi Surveyors, &C.
Mr. SLOAN offered the following amenau'ens
10 cone in after The word Survey, ~ w
seventh line OF lllh section: land every survey,
whether original or moi, shall be MADE oy IU,,
zontal measurement" The amendment was sup
ported by Mr.. SLOAN, and opposed oy M.
WlTCHER, and adopted; ayes IL, noes Q. aoa
Chapter Ill. Who disabled 10 hold l'ie 0i"-'
OF surveyor. u.p ne
Section 4. On motion Of MIR. CRUMP ms
section was SO amended as 10 exempt Tue eouh
lies Of Nansemond, Isle OF Wight and AleAah'
dria from The provisions OF me secsions 'onp'
ling the surveyor 10 reside in lie county.
Chapt. li2-Elow entries under warrants a''
generally made by The Surveyor. ,.;.
Sec. III. Mr.. KANE moved 10 amenu '.l,.
section by inserting the following 1oTas 10 cone
in alter The word "unappropraed' 10 lne
line: "And if the owner OF such warrant WON ~
locale any portion thereof in any olher COMFY
than that in which the first location was maui
the Surveyor, in whose Office The warrant is III
ed, shall deliver The warrant to The owner WIN
said certificate endorsed on II, showing n.y.
much OF said warrant remains inappropriate,
Messrs KANE and SLOAN advocated Inc
amendment and il was adopted.
Same chapter, section 10. On motion OF NIL
KANE this section was stricken out
Chapl,r ll2. Register prohibited from re-
ceiying plals OF surveys and issuing grams ~
certain Cases
Section 80. Mr.. CARLILE moved 10 srike
out This section. A long AID animated oeoa'e
ensued.
Mr.. CARLILE urged that neither The sur
veyor nor The person making application cou,u,
in safely, make The aft lavI required oy me
section. Thousands OF acres OF land IN Wesl-
ern Virginia could mol be taken up at all II ms
certificate was required. Hence, settlements
upon our Western lands we're being greatly re-
,arded.
Mr.. STRINGER thought that no law 10 the
Code would operate SO hardly upon the West as
this section. 1t prevented emigration and sell
Element upon the lands IL was an encourage
mcnl held out 10 fraud, and an Inhibition against
all honest men TO come and settle IN their midst.
There was vast quantity of forest land IN the
Wesl for which there were sometimes as many
a. twenty different grants
Mr. STRINGER referred 10 The case OF Jno.
Spence and other individual cases IN The west,
which spoke loudly in favor OF the rejection OF
this section. Under this section, you must al
ways ACT under the presumption that the surveyor
is an honest man. He would not act under any
such presumption. 1t was clear, 10 his mind,
that a reckless man, whether surveyor or not,
had decided advantage under this section. TAX
ing up these lands would work no injury 10 any
one, whilst it would benefit great many. The
State itself would be greatly benefited by the
thousands of dollars thai il would draw int the
treasury, bJlh from warrants and The increased
value Of The lands. There were some len or
Twelve hundred thousand acres OF land lying in
few OF the Counties by which he was sur
rounded, and which had been lying there va
cant ever since Captain Noah navisaled this
globe. Ee wanted this land taken up II
would not be done unless this section was
stricken ou Ii was section which did mol
originate, as has been shown by The Senator from
Hampshire, with The Revisors, but owes lis pa.
ternity 10 The committee on Revision, in which
committee the West had no representative.
Mr. WITCHER was friendly 10 the int.
resls OF The West, but he could not vote for
striking on; this section. This multiplication
Of grants was sure 10 bring with il a mullipl
cation OF law SUITS II was .houghl by The com.
miuce, and by himself thai this shiugliDg over
Jules was wrong-thai no man had right or
ought 10 be allowed 70 make an entry upon land
when he thought il was no. vacant. Individual
cases had been referred 10, in which multi
tude OF entries had been male upon the same
tracts. IL only showed that the lands were liable
10 entry, and The occupants thought SO; other
wise, they wold have made The AFFIDAVIT. To
allow an individual 10 locale land warrants upon
any mans aGd he saw fl, was wrong; and so
long as iha, system was kept up, The difficulties
as 10 land titles would be prrpeluaei.
Mr. CARLILE said that The Senate might
decide against striking ouI The sccIion bat il
h1 pro T;a sspplehsn:io 81 The difficulties under
which the Wesern people laborcd. He knew
that his constituents in paying Tor their lands
over and over again. did moi do j, for the pur-
pose Of getting into law suits. The very re-
verse was the tsct-lhey did it 10 avoid liliga.
lion. The lands were occupied, and The occl-
pants had paid l,r them and thong hl The titles
good. They had gone in and made improve.
ments, so that the wilderness had been made to
blossom like the rose. A mere shadow OF
claim was hCl Uyt duu III uiUCI W dfUII Inc
trouble and expenses oil litig alton, new warrants
were obtained ana located. He had bought land
himself in one OF his counties, and sooner than
take any oath 10 relation TO il, he preferred
warrant, and obtained one. He objected 10 The
section, because it made no provision for the
conviction or punishment OF man in case oil
perjury. The oath was Of no account without
penalty.
Mr.. KINNEY was a Western man, and de-
sired very much the prosperity OF the West, but
mol al The expense of justice a nd right. Ii ii
could not prosper, like the green bay Tree, with.
gu, The all OF an unjust law, he was not willing
to contribute 10 lis prosperity. Actions OF
ejeclment had been pending in his courts for
years, which would never have reached there
but Tor The want OF law with provisions like
those contained in the section which Senators
seek 10 have stricken out. Strike it ouI, and you
invite litigation, by giving man an opporlu-
nifty OF entering into contest with his neigh
Dor, for The purpose OF Trying 10 lake his land
away from him. Ii is said that il will increase
The revenues OF the Stale. The State had been
paid once Tor those lands, and ought 10 be sa.
listed. |, is also said that The section affords
protection 10 the reckless and The worthless
de thought j! poor compliment TO the West
10 say that we had So many persons OF that de.
scriplion among them. He was not willing 10
suppose that his constituents would be gully oil
perjury.
Mr. FRENCH preferred The law as reported
BY The Revsors. Tn: oath should be required oil
some one, and he thorght il best that il should
be confined 10 the surveyor. He owned land
himself, upon which entries had been made by
his constituents. He thought ne would not vote
ON the question.
Mr. KANE regretted that he could not go with
his friends from The Northwest on this question
He thought it not right or just that The State
should sell the same tracts OF land TO several dit
terent persons. Even handed justice suggested
different course. lfhe Go nmonweah sells The
land once and receives Tor ii all tina, The Law will
allow, il cannot be just that she should sell il
again. The policy of shinglng over and over
again titles 10 The territory Of The Stale, would
ooIy result 10 continued and unending litigation.
Mr. SLOAN advocated the propriely o. strik.
ing out, and presented some very lorcitl. reasons
in support OF il.
The vote was taken and decided in the mega.
tiye-eyes uues lS