, 1842-12-03

$500 ~
consequence there is no obligation to
obey, the right Of the General AS
semblv to exercise its own discretion
in regulating the manner ~of choos-
ing representatives TO the Congress
of the United States, remains unim-
paired and uncontrolled. To what
lever end that discretion shall lead.
in your legislation upon the subject.
it is due to the sovereignty of the
State. TO the lnvioIability of the ma
ti5aal constitution, and TO its correct
Interpretation. that the General As
semblv should solemnly protest a.
cainSt this first and alarming attempt.
on the part of the Federal Govern
ment. to control, by its mandate, the
Legislation OF the States.
| cannot pass from this subject.
without bringing TO your notice the
ta.t. that, in the recent congrcsslon-
al election, the ireemen of two Of the
counties of this State were deprived
of all participation. by the refusal OF
the clerks of the county courts to
furnish the proper poll books. Di-
rectei by law to perform mere minis
terial duties. they assumed the power
of deciding upon Tie validity Of the
laws of the State. and holding them
to be annulIed by the action of Con
oress. withheld from the people OF
these counties the opportunity of eX-
ercising the most valuable Of all pri-
viieges, the privilege Of voting. Its
hoped that the General Assembly
will guard against the recurrence of
similar acts Of tyranny, and tina, they
will not do less than declare the
Office Of clerk forfeited for all similar
violations of the elective franchise.
By an act of Congress. approved
September 4. lG4l. there were gran
ted to this State. for the purpose of
internal Improvement. five hundred
thousand acres Of land, the selection
to be made "such manner as the iegis-
Iatures thereof shall direct" AT the
last session of Congress. this act was
so far modified that as to authorize
the Governor to make the selection
without converting the legislatnrc.-
The grant is unconditional. with the
exception of such land "as is or may
be reserved from sale by any Inv OF
Congress. or proclamation of the
President Of the United States and
except also that the selection shall
be made upon surveyed land. and in
quantities Of not less than three nun
dred and twenty acres in any one
location.
Entertaining the opinion that, I'M
der the act. land. upon which pre-
emplion rights existed. could be legal
lv selected. but that good faith re-
quired that, if anv such was selected.
the SETTLERS should be protected in
their rights. determined. with a view
to the expense Of selection. and the
facility of the sales, TO await the meet.
lng uT the legislature, and to recon-
mend that the selection be made in
the Platte country" and that The law
. which directed the selection should
also secure to the settlers their rights
. of pre-emption. BIT in Nav last. |
received, from the Commissioner OF
the General Land Office, duplicates
Of instructions to the registers of the
land offices, copies. Of which are here
with communicated. declaring, Under
. the sanction of the Secretary of the
! Treasury. that no land, 10 which Il
t right of pre-emption existed. could be
legally selected and that any such
: selection would be Gullitied."
, Believing this construction of the
I law to be erroneous, sought, through
the medium Of our members of Con.
grcss. to induce the Secretary Of the
Treasury to revise his opinion. That
officer referred the subject to the AT,
tornev General of the United States,
, and. on the tenth of August. | receiv.
ed their final decision, adhering to the
first construction. Under these cir.
cumstances. but without any change
. Of opinion as the construction of the
act, thought it bes. not to subject
the settlers upon The public lands &c
the uncertainty and perplexity of IT,
tie. and possible loss of their lands
which would arise from the opposite
action of the two governments. MOI
1.-The State to the embarrassment Of
refunding the purchase money, in
the event the title, derived from a sale
bv the general government, should
ultimately prevail. On the thirteenth
of August, therefore. | appointed an
agent in each ofthe fourIand districts,
to make selections, and gave them
the necessary instructions, copies o.
which are now also submitted.
I : -.ol Ii 4,