The Arkansas banner., 1847-03-17

ton as old as the science of law iiself, that att laws passed in sspnyf nsuteri mast be eou- strned together so as 10 give effect to all, II in doing sp, there will be no violence done to the obvious meaning of the language in such construction.
 Now, sir, inquire will these acts and re- solutions all have natural and proper legal meaning and consiruciion, and yet all stand, aud by standing eyince fully the will Of the general assembly,.
 You admit upon the 9th section standing alone. you would cnnsirue t to mean the "fIsl S30, 900 in the order thereafter issued, should be received, and not the first S3O,- 900 that might be offered, because this would he the oaly certain mode of giylng etIecl to tue supposed intention of that section to lm- part additional value to certain class oi warrants upon such a supposition. That addiiionsi value would be vested right at
 iachng to these particular warrants when
 issued. would follow them into the hands of every holder, and could not be impaired by the result of any race of diligence between them and the holders of subsequent war
 rants in offering them in payment into the land office" Anh 50 do l. And now will inquire what flaw, if any, has repealed this 9th section ot the statute. The next provision having any
 bearing on this section, is the 3sa section of 1 the appropriation act, and provides in so many words that all treasury warrants issued
 for the payment of the members and officers
 of this general assembly. shall be received in
 payment of dues to the internal improve
 ment fund This does not conflict with the
 9th section above referred to, but seems 10
 take superabundant caution to make the
 warrants of the members and officers of this
 hodY receivable fol internal improvement
 dues. which seems to be leading feature in :. the 6ih section aud stands in connection to-
 geiher without conflict. This 3d section of
 the appropriation law referred to, intends evidently to make the treasury warrants is-
 sued 10 pay the members and officers of that
 general assembly ,o be of higher value
 than warrants issued other than the S30,000
 referred to in 9th section. And see no ne-
 cessity to run off from ihe letter and evident
 intent of the statute, for lear of coming to the conclusion ihat the members of the last gen-
 eral assembly might wish 10 make their pay little better than the ordinary warrants of
 the treasury. 1t is in tbe recollection of all that the two preceding sessions of that hon orable body, paid themselves in specie, aud the other public creditors in depreciated ra- , per.
 1.-The construction no, to he indulgetl with ou, an express declaration of the general as
 sembiy 10 that effect that that honorable bo-
 dy intended to give to is own members and officers preference over ihe other public
 servants and creditors" is no doubt true an l
 certainly sufficiently so expressed in both the 9th and 3rd sections referred to, that they
 did so intend
 Sir, let me examine little into the, provi- sons of the 9th section, above referred 10,
 and see if ill any of its bearings or in is OK.
 ecution il would in any manner conflict with the sacretlness of the internal improvement fund tha, section provides that the treasury
 warrants thereafter issued not exceeding
 S30,000, shall be received in payment of obligations before or after that time executed
 for the purchase of any part of the 5D0,000
 acres of land. and for all warrants so redeem
 etl, the Governor should execu,e in the name
 of the State, evidences of debt, payable 10 the land agent for the use of the internal in,-
 proyement fund 10 be redeemabe within a
 year, and to pay interest thereon at the rate of six per cent per annum until paid. : Here is plain case of borrowing for which : the general assembly doubtless had full au-
 thotity, and yet keep their faith inviolate in relation to the internal improvement fund -let us suppose case by way of ilustra- iion suppose that John Doe proposes 10 Mir. Watkins to present him with s500 in cash, on the condition that said money should be laid and expended in the purchase of carriage fur :he use of his family. Mir. : Watkins accepts the 500dolars on this con dition, Is no, Mir. Watkins in honesty and good faith bound either 10 expend the 500 dollars for the carriage or return the
 money to John Doe. But suppose Mr. Wat
 kins IS in siraiiened circumstances, debt, say of SI00 presses him, may he not take or '.borrow" 5 100 of the $500 and pay the , pressing demand, and replace the borrowed 100, then purchase the carriage, there be- ing no day fixed for the performance ofirust only that il shall he done in reasonable time. So the general assembly with the ir-
 lernal improvement fund may appropriate S30,0O0 for inine Hate emergencies and re- fund the same under the Governors bond in the nailis of the State with six per cent. in- teresi nn,il paid And this is certainly no breach of tue trust. as il Is provided unser the guarantee of the faith of the State to be repaid back with interest in tinss to carry out the trust aad intentions of the original parties in relation 10 the internal improve : men, ''contractn
 : Now so far both acts stand together and : without conflict, aud both have a binding force and effect, and are shown to De fully within the scope of constitutional legislation by the general assembly that passed ,he same.
 Let lis now pay our respects 10 the reso- lulion of the 23rd of December, lSi6, this : resolution consists of four little lines, but
 seems destined to cui special grand figure,
 ,vi vifla crnstiin,in.,nl l.,ar ir,,s, ..,d ...-.,