The Arkansas advocate., 1832-06-06
FOR THE ARKANsAs ADVOCATE. TO THE EDITOR.
- NOo Q


 My first number noticed the grant of the ten sections of land by Congress, and the object for which it was given, with introduction of the subject in the Le- gislature, the progress of the bill before that body, the different propositions st1b- mltted, and the reasons alleged in commit tee and by the majority in both Houses for their preference given to Crittenden's proposal. Also, the objections, or causes assigned br Governor Pope for withhold ing his approval to the measure To ena- ble the public to have plain and com prehensiye view of the subject, 1t is HOW necessary to examine the Governors ob- jections, and the reasons set forth in his veto message 10 support them.
 The first objection is, that, the Legisia- ture proposes to sell the land before it is selected. To support which the Governor says, ssthe land is given to the Territory, and the power to select to the Lerisla- ture, and that before title can vest, the land must be catcd--that land has local ity and must be identified, before deed ofconyeyance conld operate" This teeh- nicai objection forms the legal basis of the veto, and had 1t come from man of less reputation as jnrist, might be taken a7 tue scrupulous misgivings of a weak mind; but coming as 1t does, from Gov ernor Pope, who has had the reputation of an eminent iurist 1t is difficult to recon ciie the idea with common sense; and to believe in his profound knowledge of the law, you must doubt the sincerity ofhis opinion. The right of assignment is clear ly given in the act of Congress, which eays--HUpon presentation of such deeds of conveyance as shall be adopted by the Legislature, and given to the purchasers, 10 the commissioners of the General Land Office, patents shall issue as in other ca ses." Now the difference to the Terrto- rY who are the grantees, with this right ef assignment between selling tho grant or the thing granted, is not easily under stood. 1t is true, there would be some to the purchaser--in the one case, he would get seizen or corporeal possession of the land--in the other, only the right to take 1t, and if the Legislature were satisfied that they were getting the full value of the grant, and the purchaser was willing 10 take the risk and trouble oflocating, it would appear strange if any legal objec- tions should arise to defeat a contract or sale. If am not sustained in this posi- tion, would ask how it has happened that Spanish combinations, under the decrees ofour Superior Court have been patented 10 the owners, upon the deeds or assign ments of the confrmees9 They were not identified by metes and bounds--thcy had no locality; nevertheless, it appears the deeds or assignments had a suficierltlegal operation 10 cause patents to issue. As this objection of the Governor Is calcula- ted to have material bearing on the fu- ture sale or disposition of the ten sections, 1t is to be hoped, that if he was serious at first. the opinion was caused by too has ty view of the subj and that his better Judgment has since shewn him how unten- able the point is, on which he has much relied, and that he will hereafter, in the exercise of his constituted power as chic magistrate, under the organic law, on the ten sections, or any other general subject meet the representatives of the people, or l the broad basis of legislation. He ough l to consider that it can add nothing to ths dignity of the station hesholds nor to tht talented reputation of John Pope, to de seend quirk & quihble onthe wire-drawI distinctions ofa petty special pleader.
 Fhesecond and fourth objections being
 as they are, blended, it will be proper tt examine them together. These are, "tha 4 the fund is to be applied to the purchas' 8 oi house as temporary arrangement ! instead of the erection of suitable ant permanent State-house" e"-that the. ex change with Crittenden, s'would be al
 enormous sacrifice of the public propert,
 without necessity, or the prospect of
 taiy equivalent, ,oto support which the Coy
 ernor says, how Congress in the abun
 lance of their iberality, by this grant
 ten sections) intended to save the Stat
 ofArkansas from the necessity of taxing
 the people to raise funds for the erection
 efa aState-house--that the lands can be SC
 iestel any where, and that the Tcrritor,