The Arkansas advocate., 1833-12-04

laad-as the latter, they were authorized, not ba aet q Congress, but as the repre- sentatives of the grantee, to appoint an agent t9 build inc house, and to appropriate the fund eraated Can 1t be eontended, that 4hea the Legislature was Invested of the agency power of the National Govern me1t~[the orantorj, and when that power was vested in inc Governor, they. the Le= eislature1, were. by implication of law, di- vested also Of their law-making power, as ttie, Representatives of of sIif sli peepie Of tEe Territory of Arkansas, the grantee-and that this power became vested in the Gov ernor The alhgsian 10 the money in the hands of Capt. Brown, and the Land officers, l., in the opinion of the minority, too ridiculous to require refataiion, as the Territory of Arkansas has no eieht or title whatever to the money in the hands of those officers. Astregafds the Seminary lands, 1t will be recolected, tbat they have never been granted to the Territory of Arkansas, they are merely reserved from sale, and the act of 2d March last, gave the power er- p4e8s1ii to the Governor to sell twenty sec tons of those lands. If they had been pre- yiot,sly granted to the Territory, could a doubt exist. but that the Governor would have been n dltg bound, 10 pay over the proceeds of toe sale. beyond what he was authorized to expend, into the Territorial Treasury, without an act of Congress re- q4lsirine lin te de SO? The reason why the law ot Congress, granting the ten sections, did not provide that the fund should be ul1- der Legislative control, Is so palpable, that the minority are struck with astonishment, that the profound ialpgefs who drew that re- port, did nof perceive it. The simple req son was, that the 1ands were granted to the Territory, and the fund necessarily comes under Legislative control, without this pro- vision.
 The minority have deemed it their duty, 10 submit their reasons to the consideration Of the House, upon the question of power, which the Governor is exercising without law4 over fand belonging to the Territory; although they are nat disposed to deny that tie fund will be faithfully applied yet as il Is dangerous, that power should be exer- eised by any one without law to authorize ] ii, the minority are bound, solemnIy to pro- test, m the name of the people of Arkansas aeainst the act of the Governor, in appro- pfiatiag the ten section fund to tie building of State House, without the. authority o the General Assembly of the Territory c Arkansas for so deing.
 The minority also deem t dutyfto pro, fest against the impHtations cast in that re. ] port upon the Secretary of this Territory It will be reeolected, that that officer is acting under the obligation of an oatll, ant that in the absence of the Governor iron the Territory, tie responsibility and duty O Governor, devolves as fully upon him, as If he had been commissioned to that office Belieyingr as that officer did, that the ter section fund belonged to the Territory, anC -I could not he appropriated without law, i was his duty 10 give this information to thf SxogrIngI- agcut, otherwise lie would havf been responsible for the acts Of that agent during the time he was acting Governor and the Governor having tailed to bring the subject before the Legislature, the Secre. tary was bound, as he Is constantly liable tr be compelled 10 perform the duties of act, ing Governor, to have the point in dispute between himself and the Governor, settled by the proper authority. which Is the Le. gislature of the Territory. Tie minorit, most positively deny, that the question ha. been ofiieiously obtruded upon public atten. ton; or that the Secretary in presenting it IS making an insidious effort to shake con. fidenee in tie authority, or legality of tht acts of the Governor.
 MARTIN & CLARK,
 Minority q Com.
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