Page:Debates in the Several State Conventions, v3.djvu/590

574 I beg leave to differ from my honorable friends in answering this objection. They said that, in case of a general rebellion, the jury was to be drawn from some other part of the country. I know that this practice is sanctified by the usages in England. But I always thought that this was one of those instances to which that nation, though alive to liberty, had unguardedly submitted. I hope it will never be so here. If the whole country be in arms, the prosecutor for the commonwealth can get a good jury, by challenging improper jurors. The right of challenging, also, is sufficient security for the person accused. I can see no instance where this can be abused. It will answer every purpose of the government, and individual security. In this whole business we have had argumenta ad hominem in abundance. A variety of individuals, and classes of men, have been solicited to opposition. I will pass by the glance which was darted at some gentlemen in this house, and take no notice of it; because the lance shivered as against adamantine. Gentlemen then intimidate us on the subject of the lands settled to the westward, and claimed by different claimants, who, they urge, will recover them in the federal court. I will observe that, as to Mr. Henderson's claim, if they look at the laws, they will see a compensation made for him: he has acquiesced, and has some of the lands. The Indiana Company has been dissolved. The claim is dormant, and will probably never be revived. I was once well acquainted with these matters: perhaps I may have forgotten. I was once thoroughly persuaded of the justice of their claim. I advocated it, not only as a lawyer in their behalf, but supported it as my opinion. I will not say how far the acts of Assembly, passed when they had full power, may have operated respecting it. One thing is certain—that, though they may have the right, yet the remedy will not be sought against the settlers, but the state of Virginia. The court of equity will direct a compensation to be made by the state, the claimants being precluded at law from obtaining their right, and the settlers having now an indefeasible title under the state.

The next is Lord Fairfax's quitrents. He died during the war In the year 1782, an act passed sequestering all quitrents, then due, in the hands of the persons holding the lands, until the right of descent should be known, and the