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thorised to appoint a successor or successors, who shald, on the part of this commonwealth, meet the commissioners who are or may be appointed by the states of Ohio, Pennsylvania, Virginia and Indiana, or either of them; whose duty it shall be, together with the said commissioners, to examine the obstructions to the navigation of the Obio river, noting the probable expence that will attend their removal; and generally to perform the duties contemplated by a resolution
of the state of Ohio, relative to the navigation of the Obio river, bearing date on the 8th day of February 1817.
Resolved, If the states aforesaid shall agree to unite in the improvement of the navigation as aforesaid, then and in that case the faith of this commonwealth is hereby pledged to provide funds to cover its proportion of the expences of the undertaking.
Resolved, That the acting governor be requested to transmit a copy of the foregoing resolutions to the governors of the states of Ohio, Pennsylvania, Virginia arid Indiana.
Resolutions relative to the Boundary Line between this State
and the State of Tennessee. TO THÉ CONGRESS OF THE UNITED STATES OF AMERICA.
THE memorial of the general assembly of the commonwealth of Kentucky, respectfully represents, that for many years past asi unpleasant controversy has existed between this state and the state of Tennessee, relative to the boundary line between them. Many attempts have been made to settle the difference to the mutual satisfaction of both states, but hitherto all these attempts have been unavailing; and judging from the past, there remains very little ground of hope that the dispute will be adjusted by amicable arrangement and mutual concession. As far back as the year 1801, the legislature of Kentucky passed an act, the object of which was to ascertain and mark the true position of the boundary. line between the two states, according to their chartered limits. This act was repealed at the next session of the general assembly of this commonwealth. In the year 1812 the subject was again taken up by the legislature of Kentucky, and an act passed authorising the appointment of commissioners, to ta-operate with commissioners to be appointed on the part of the state of Tennessee, for the purpose of running and marking the boundary line between the two states according
to its true position. This act was predicated on a resolution passed by the general assembly of the state of Tennessee, the provisions of which were promptly acceded to by this state. It was at this period that the people of Kentucky contemplated a speedy termination of the difference between the two states. Both parties had assented to the same proposi. tion, and public faith seemed to stand pledged to carry into effect the mutual agreement. But this fair prospect was soon darkened by the conduct of the state of Tennessee. The state of Kentucky saw with regret, that the state of Tennessce would not abide by the terins which she had at first proposed. She abandoned her own propositions, and by the departure defeated the adjustment of the existing difference. The consequence of this conduct on the part of the state of Tennessee, was the passage of an act by the general assembly of Kentucky, in the year 1813, requesting the governor of this state to communicate to the executive and legislature of the state of Tennessee, the ultimate determination of our government on the subject of the boundary between the two states. By this act of 1813 our cxecutive was requested to solicit from the government of the state of Tennessee, a rccognition of the principles contained in the resolutions adopted by the state of Tennessee, in pursuance of which our act of assembly in 1812 had been passed, and the adoption of the necessary measures for carrying the same into complete operation; and further, te express to the government of Tennessee, in case of their final rejection of the overture made by the act of 1813, that the disagrecable necessity of having the contested question of boundary finally settled by a resort to the means pointed out by the constitution of the United States for the decision of sucha controversies, would be imposed upon the government of Kentucky. The government of the state of Tennessee gave no official answer to the communications made in pursuance of the act of 1813. Her failure produced a memorial by the legislature of Kentucky to your body, asking the interference of congress as the last resort for settling the controversy, all other means having apparently failed, approved by the executive of this state February 1st, 1814. During the session of the general assembly of this state in the winter of 1815-6, the state of Tennessee sent a commissioner to our government authorised to renew the negotiations between the two states on the subjoct of boundary. He was heard at the bar of the house of iepresentatives. The result was the passage of a law on our part, approved February 10th 1816, the provisions of whici; in the opinion of this legislature, are liberal, as it relates to the state of Tennessee. The people of this state waited with much anxiety for the meeting of the legislature of the state of Tennessee, after the passage of the act of 1816. It was hoped that the government of Tennessee would not hesitate to accede to all the propositions contained in our act of: 1816; but in this we have been greatly disappointed. It is true that the legislature of Tennessee took up the subject at their last session, and passed an act concerning it; but its provisions fall very far short of those contained in our act of 1816, and are such as cannot meet with the approbation of this legislature. This assembly is constrained to regard the failure on the part of the state of Tennessee, to reciprocate the provisions of the act of 1816, as evincing a disposition to delay the settlement of the controversy, unless dong upon terms derogatory to the interests and rights of Kentucky. It therefore becomes the imperious duty of this asseinbly to appeal to your body as the arbiter, under the authority of the constitution of the United States, to point out the mode by which the contest unhappily existing shall be decided. The laws which the legislature of Kentucky bas passed on the subject, and to which your body is referred for: more particular information, will prove that our state has not been wanting in exertions to have the difference amicably adjusted. It is conceded on all sides, that the true line should run on a parallel of 36° 30' north latitude. The constitutions of the states of North-Carolina and Tennessee both recognize that latitude as limiting their northern boundary ; and in this they coincide with the charter of King Charles II. It is presumed that no objection can be made to the establishment of the true 'line, unless it be on account of the effect it will probably have on individual rights to land lying between the said latitude and what is now called Walker's line, to which at present both states exercise jurisdiction. To obviate this objection, the legislature of Kentucky will be gov, erned by the most liberal principles. If the establishment of the true line should operate so as to give more territory to this state, whereby many persons now citizens of Tennessee, living on lands, title to which they have derived by grant froin the states of North-Carolina or Tennessee, this legislature doth pledge the faith and character of Kentucky to ratify all such claims, wherever they do not interfere with claims founded on the land laws of the state of Virginia, or of this state; and where they do so interfere, the occupant in all cases shall have the benefit of the laws in force in this state
for the time being, made for the protection of occupying claimants, the statute of limitations excepted. The unsettled state of the line is calculated to have an effect in the formą. tion of new counties which bind on it. To particularize all the evils to the state, and especially to those individuals who have claims to land founded on the laws of Virginia and this state, lying within our chartered limits, and who are kept from the enjoyment of those rights by the present exercise of jurisdiction over their lands by the state of Tennessee, would be unnecessary. Nothing short of the establishment of the line between this state and the state of Tennessee, according to its true latitude, will now comport with the wishes of this legislature; and as it is a right appertaining to our state, which can only be enforced by the supreme court of the United States, acting under the wise provisions of the constitution of the United States, we ask of your body the passage of a law directing the proceedings in the supreme court by which one state having a subject of difference with another, may have the same legally decided. To effectuate this desirable object, this general assembly concur in the following resolutions, to wit: Resolved
by the General Assembly of the Commonwealth of Kentucky, That the foregoing memorial to congress be adopte ed as the earnest prayer of this legislature.
Resolved, that the acting governor of this state. be, and He is hereby requested to transmit a copy of this memorial and resolutions, and copies of all laws passed by the legislature of Kentucky, and all laws and resolutions passed by the legislature of Tennessee, alluded to in the foregoing memorial, to each of our senators and representatives in congress, to be by them laid before that body.
Resolved, That our senators in congress are hereby instructed, and our representatives requested to use their exertions to effectuate the object of this memorial.
Resolved, Thạt the acting governor be, and he is hereby also requested to transmit copies of this meinorial and resolutions, and copies of all laws and resolutions passed by the legislatures of this state and Tennessee, to each of the senators and representatives of the state of Tennessee in the congress of the United States.
Resoloed, That our senators and representatives in congress be, and they are hereby requested to report to the governor of this state the steps which they may take to effectuate the object of the foregoing memorial, and the result to be by the guvernor laid before the next general assembly,
A Resolution authorising the Auditor of Public Accounts ta em.
ploy additional Counsel to prosecute şuit against the late Treasurer.
RESOLVED by the General Assembly of the Commonwealth of Kentucky, That the auditor of public accounts be, and he is hereby authorised to employ at public expence an additional counsellor or attorney, to assist the attorney-general in the prosecution of such suit or suits as it may be necessary to institute against John P. Thomas, late treasurer, and his securities : Provided, more than the sum of one hundred and fifty dollars shall not be given as a compensation to such additional counsel.
A Resolution directing the Public Printers to print 5500 copies
of the act of the present session concerning the Militia. RESOLVED by the General Assembly of the Commonwealth of Kentucky, That the public printers be directed to print thirty-five hundred copies of the act passed at the present session, to amend the act to reduce into one the several acts respecting the militia; to be printed in a size and form to correspond with the present act on that subject; and that the secretary of state cause to be distributed to each commissioned officer in the militia of this state, one copy,