Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-01-25

klstg AthN " ~. w 80 $500
tufior. ~Ao. .5o. ot,Le idii.reG, ~ d rsgtS.G! y -.
preors o. b. oddnioaoi testimony, thht ali! warrant
thus surrendered was t'I'r!v and justly tsN1.fi IN pr
snancc Of he lars Of sad Commonwealth t"r !l!ii'aFy
services 80 rendered, shal! i-sac land scrip i'll ia'"'
OF the present proprietors," Sc, Ar. ,,.,
Under the conditions of this act, III Norcninrr -
Virginia reiInquished her reservations III Ohl"' ITO"
becorIc enhanced i'll value by the Internal iin!Io''
men,s of that State. This cession she never wolllh nav
made if she had not understood that al the warrants
which she had issued in pursuance ut her inwS nv,
remained ullsatiStied, were tn be ..hn0HY ana i""n ia
JnsIcd' upon their surrender to the Secretary "l III,
Interior, subject Ia his rerisioR ~ amy YnfSt'o" q"
ird"d or mtsi'tke. With this exception alone size CO.
ded her reservations between Miami and Scl"la r'f'S
in Ohio. And this seems to have been the c"'I.truc'
ton OF the authors of the net of Congress; rs y az
tested by the evidence of udse Underwood nt MI
tncky and OF Judges Bayly and Cask'c ana Mt. M'''
son of Virginia.
These unsutistied claimants now complain that
this is not the construction by the Srcrctrry oil Inc ln'
terror. His construction seems 10 be that whril Il
warrau; is surrendered he, the Secretary, must be-
satisfied" How ! "By0 rcriS'o" otha" pr"@t" "r ~
addHt0n0l tcStDaDHvn" OF what THAT any warraht
thus surrendered was fairly and jnSiy i<sHrd IN P"r-
S"aac' of The laws Of said Commonwealth lhis Is no
mere discretion left i'll him 10 look into PROOFS NJ
ready made or not. but it il imperative on Inn !" ~,
riSc the proofs, and If need he tn examine "addiii"hal
testimony" lie must bc satisfied III one wa or llie
other alone .by revision of the proofs or by addition
81 testimony" In other words the act commands MIN
to examine and adiu,iicute these unsatlsil"d warrants
de noro. And regret to say that | do not SEQ no"
the Secretary Of tn. Interior could escape inns con-
struction. The act, and not the Executive ofiicer,
commits the wrong nj questioning the hiihiity oi tNe
adjudiCatiOns Ot,he Virginia tribunals.
State laws and State decisions upon them' IN sucH
cases, control even the Supreme Court OF the United
States. / cannot conceive why Congress should thus
have assailrd the dignity and even integrity ot . 'rGi
MAS forum of conscience, in a matter where gratitude
aud grant combined 10 grace q statute With bcticF
manners and better morals too. The General Gov
eminent could hardly deliberate on this net, without
remembering Il gift of great value mud adonoF ot uh-
bounded generosity; without Knowing that these war
rants Were "adjudicated" by Virginia, and that Eir-
GINA was the OJiSdr who udju!icutcd against her,
Srf; that if a assumes 10 pay debts for Is, y may
well look to Ecu that debts Haiiyaldat,d or not con-.
ttsScd IRE due or not, but he cannot dispute rs 0c.
acknowledgements or JHd, mcRIs against b. Here Virgil
mia 0diHdgrd against hsrsrE, in the highest form OF
acknowledgement aud confession, by her laws and
her tribunals et last resort. Fraud alone, or mistake
in q material degree ought to be allowed 10 question
such Judgments, confessions aud Acknowledgements IN
Gaze Of even strict right. But her. is II sovereign
State dealing i'll revolutionary bountics. in debts oi
gratitude for services above and beyond all prcunl1ry
price. Here is fifth 10 Individuals, aud, above all.
faith between Stat 5 and governments involved. i"
assume To pay NIrsinia's debts IL her revolutionary
patriots, III consideration of Virginia gratuiti-s, too.
10 the General Government, and then To say Ia |lr-
ginia, You have Acknowledged Hnd a~iiudgrd debts
10 b. due your citizens which you did not owe is {"
say to Virginia: "Iou Ask me TO pay what yo~ would
not have pad mad the oDus remained upon you
Congress could not have meant such q construction.
yc. the act 80 operates, by its o%n express terms, and
10 imputation Oh Virginia could be more unjust, for
she made thcs. adi Publications against herself bcjor"
Congress assumed the ouus of her obligations.
why should Congress 90 dlstrrsr Virginia iribu.
mails They deity all imputation o.. my corrupIiun.
They may have been Imposed upon by u fraud "
been misled by q mistake. There is no objection,
but 4 desire to correct any fraud or mistake. But tho
objection Is 10 examining anew the original merits of
these cascs, independent Of either fraud or mistake
Two striking examples of tho error of doing So, are Ia
be found AMONG the memorials, in III" Cases of John
Paul Jones and Of George Watkins. The latter case
is one of fnct supported by q crowd Of twelve witness
es aud the former is one Ut pr'ncyRc which show, Il
mania in these times about citizenship which did
not seize on Revolutionary times. ! will not look
into the merits OF these cases, because | am contend
Ing thar they nre adiudicated, and I am standing by
the rule, ''stare declsis." Bat the parties complain
that the Interior Department, admitting the services
OF Commodore John Paul Jones, refuses 10 grant
scrip FOR the dissatisfied warrant surrendered by his
heirs, hec0nSe he r0s mol Il citizen of Virginia when
he entered her service. lie settled near Frcdericks-
burg und joined her glorious State Navy, n Lieuten-
ant. and fought with n halter around his neck aguin.:
his liege sovereign, King George the Third. Virgil
nia chose TO pay him for it. The warrant is dishonor.
sd under this law ot Congress. The effect of the de-
cision i. 10 dsay The righi Of Virginia TO d,c'de mho
~c'e her citizens IN l77J! Shall a federal executive
officer decide this under an act of Congress To which
Virginia has assented1 John Paul Jones wa. bap-
tized II citizen by the blood Of the Bonnie liomme
Richard aud Scraps.
Again: Why should Congress b" 50 strict and il
liberal towards Virginia revolutionary oliicers, sol
diers, sraInen and marines! Arc they less worthy ot
pay or of gratuities, if You please, than mcn
are given loo acres Tor every II days SER
vices in the late wnrsi Ii the bounty OF the late
acts on thai; subject vas applied to the Eirgi-
mia Army and Nary in the Revolutionary War,
they would receive FAR more than shc ever allowed.
Bat | am sure that you VIII thoroughly rxnninr this
]. therefore. conclude by recommending
n memorial t" C"ns,ess to I",S r. 'as' an amendment
the House of Representatives, Hnl hns been favurs-
bly, reported on in the Senate Of the United States, Il
OF which i, 10 !r found in tho accompanying pa
pvrs. With the highest respect,
Your obedient servant,
HENRY a. WISE.
The communication was laid on the table aud or.
Gcrcd tn be printed.
Mr.. REGAn, from the Committed on General LAWS,
exported Senate bill amending the 2lfh section os
chapter 1919 OF tn. Code Of Virginia, more efcctually
10 prevent the circulation through the POS; office OF
books, papers and letters which induce slaves IL re-
or escape to tue Northern States; and House bill
70 amend the charter Of the Martha Washington Col-
in Abingdon.
Mr. DoueIAs, from the Committee on Finance,
&c., reported Senate bill r%efunding p license tax ol
$50 50 10 Hiram a. Mealcy; and House bill 10 au-
thorize the payment Of interest due and unpaid on
the guaranteed bonds of the Chesapeake and Ohio
Canal Company, with an amendment;
Resolutions of enquiry were offered
By M. PAYSE-Df constructing Il turnpike road
from Il point near the furin Of VIM. Robinson, in Al
leslauy county, on the Coviugton and Hun!crSville
road, 10 iutcrseet Musrun's Gap nnd Ho. Spring turn
pike, at or near Lewis Pnyrrc+. i'll Bath county.
Mr.. ARMsTEONG presented the prtitiVn "f Jno. Z.
l~Iclakell, late Sheriff Of the county Of Hampshire,
asking that he may be allowed two ana Il lali per
c.ntuin on the revenue vi said county for the year
1858, which was not allowed him in consequence OF
delay in the payment Of the revenIie for mat year,
Dccasiuned by the sick ue-s of one oi his deputies.
BILLS PASSED.
Senate bill to incorporate the Clarksville and Rox-
born' Turnpike Company. lNo appropriation is ah'
tliurized by THE BILL.
Senate bill incorporating the Portsmouth ma Lake
Wafer Company.
House bill to incorporate the Loudoun Agricultural
lnstitute-with amendments.
House bill to amend the charter Of the Marlha
Washington College.
SENATE ELL REJECTED.
A bill 10 amend the act passed June 9TH, lSJ2, SO
a. 10 increase the salaries Of the various clerks III
the basement Offices, being on its pn.6age, TIC roll
wa called, aud the vote was-nyes II, noes lb. Not
r constitutional majority being III tafor vi lis passage,
the bill was rejected.
On motion OF Mr.. PARKS, the vote was reconsider
and the bill laid Oh the table. Mr.. CAMPBELL
the ayes and noes on the proposition to recon-
which r~esulted-nyes u, hoes ID.
CHESAPEAKE AND OHIO C4SAL COMPANY.
House ull to authorize the payment of the interest
due and unpaid on the guaranteed bonds of the Chrs-
speake and Ohio Canal Company, was called up By
Mr.. DoGGLaE. In amendment had been proposed by
the Committee on Finance, providing Tor the phy-
neut OF the interest failing due III ln5', which was
agreed to-nyea -, noes II.
A motion to adjourn WAS made By Mr.. WEIGH,
upuu which Mr.. DOUGLAS demanded the aye, and
p.rs. The roll was called. and the result was-ayes
-, noes IL.
81 the Senate adjourned.
HOUSE OF DELEGATES.
The House met at ~ O'Clock, pursuant 10 adjourn
rnr,t. tbs SPEAKER resumed the Chnir.
Prayer by tie Rev. Mr. TICKER, of the Baptist
church of Georgia.
Sundrv bills communicated from the Senate were
read and appropriately referred. The Sena;e's