The Arkansas banner., 1848-11-07

nanntni aes in Gs te sscs portion ef ths egserr~ sf CsnFt. Nke~s tern wIa seoa expire. woald hsrs saka eeeanion ta Eseeanuena the sxtuasion ef the exsfeiss ef tiAs privege by the people, h hs ssisssas of yasKss ef ths Supreme as Sssi ss thoss of tAe Circuit aad County Courts.
 EntzFssssiag, ss dc, the highest regard for the distinguished men, who framed the State Conslita- tion. as vel as the maRy wise provisions eontsaed in the instrument. nevertheless, iaduced by sense 0t public duty. te poias out ether provisions requiring tho hand of FeFaFm and ameaE Enent shicA although seaRaed as wca in the wisdom of that period, surrounded with iss ptenisar circumstances, in the necessity ef the cnses then reQniyinx ther adoption, may uow hs 6ispaasea wish as eumbrOus. and a tEanae q government more keerAl eco nemicai adopted in<sead.
 The doeirise Of removing power beyond fAe con- tsol of shs people for Their safety and benefit, Is Row being every where exploded. Whtle the march of mind and the progress sf Improvement tn gov ernmeat, well as iA ether things--the examples afforded us, of reEnoaeiIiag the primary laws of some of the elder StateS--ana the formation of others. upon the most heeral bases, by new States just entering into tho great ssteFhOod. have taken Pace sSace the adoption ef the Constitution of Ar kansas evidences have been afforded us, Of the ability of the people to make selections of at their pnhc fGnctioaaries, without the intermesste action of irresponsible agencies, afoFding examples of ssif government ia the eisaFest and stvonges,
 light, which, hy adding new guarantees for the faith fat performances of p1eie xass, and the PeFpeSulty of hanaR liberty, extorss the admiration of the eiFfssxed world.
 4 consideration of these suggestions, ia further saee of the welfare of your constituents. may in- dncs this General Assembly 10 eaI convention of the people, based upon ratio of the numerical strength of representation in the lower House. 10 alter and amend ths present Constitution by rcda- cng the BumbeT in each branch af the Legislature. The recommendations may well be made uT on con alterations of two fold character. That portion Of V .t- n. facility for H ewa alteration, is believed the most ebieetisnAl scafare ia the instrument The Gem stitu;ien should be fixed and stable. By the pres ent mode. the change takes place without fixing the proper responsibility any whers the initiative step taken hy tho Legislature. Is often done hastily a15er i the impression that neeafai checks will meet the measure ia is progress through two oiheF stages which fl has to pass under the forms provided for sSch sEsHdment-bnf ii k oaDd, that the action of the people at the ballot box k merely passive the interest eiicited by the general elections having withdrawn the public mind from suea measures and at the succeeding Legislature when the measure up for their final action, it s suffered 10 pass a matter of course ali responsibility having long since been d2sipatnd; such has besa the case, such have been the breaches made in tho Consultation of this State, la less than thirteen yeafs after its acop i ton.
 ! While approve most of the amendments, bellev- Hg them wise and salatary. my object Is i0 remedy f tne tnDNf tAksa in tA63F 9GG0EHpIttnm&EA
 And wkits upon this subiect, I wH take occasion to present te your notice one other valid reaaon, which, slfAsush last is ust least, in importance. slnde ihSs want of constitutional restralnt which shvui b. hrewn around sll Legislative action, Iu
 limiting shS substance Of bisl Co the character ot its caption. ho has not witnessed the evil effects, of the iaco-poralion of neongruoas matter enbFa- ! eed ia oas s, whereby measure of no merit. ant often of pernie'ous character. is uttzrhcd 10 the most important laws, on thesr passage, and oflen upon their last seadiag, paeing il within the power of the designing to win advantages by iile niersst tricks neten. 10 ths forms of unrestricted iesss- sisaf
 I Notwithstanding the Constitution n5akes pfu- vision for eslabilshiag Courts of Chancegy, Iss Legislature has gone 10 further than to confer chaEesTy jurisdiction upon the Judges of the Cir cult Courts witsin their respective districts The accumulation ef business of this character, war rants The establishment of such Court at the seat ef Governneat as inc lsw cases. apart from tsoss ia eancery, capies fsily the time allowed 10 the Judge of tsls district.
 Having isarnad from gentlemen of the bar. the importance ct this measure. 1 nsost respectfully eoamsnd to yasr attention.
 The sahsect of IafeFnal Improvements is one of vital interest. and is well worthy the eass;deration eft5iz Gsaesz Asssnfsy. siie the DO CT IS denied, under the Consultation of the United States aB- gress. to establish such sy stem within the States, WEI as sae expedieacy of conieffiag \ poSer % ' dan-sreas ia it's exercise by government with . thousand varying and sectional iatsress arc Gues- Iioaed, and where from the manner sI receiving the almost entre revenue from i{npGsss levied uEoa ;he articles received in exchange ahraad for one or t1c great stApiss. Nhs'se growth is confined to portion of the Union, much weaker ia its repEess- ta0a h the nsi9sal councils, than s it's eoatsiba- tloa to the common expenditures, sand policy woali net claim the exercise ef doahtfal power by CcDgTess for a temporary advantage, derived from partial appropriations. sssil the power and privilege under the Stsfe ysrsmeHt, has never been questioned CT e=nied. The only object ei eonsi4s- ration in connection with this subject is the of its accomplishment. The general government, in the grant of 5o0,Ooo scres q donation to this S'1,e, could not have afforded to a stronger ia- stance of the recognition cG the exclusive right ia the respective Stasss aud n her want of the abi.y to entertain the work herself. than by mixing such grant The right, on the part 9f the General Gov eFnneni so collect money ane b disiri50ie t among the several States or such pGrPese being Goabtsd the power of the COysrnnlent 10 grant ands or ihEt or any other beaeEciai pnr7ase to tho States, in which they lie, ia maintained upon rntiona gEouncs first, because inc lands egitiGiaiey the pro- pery Of the States ia which they iis see0ad, 1t is just and rational to surrender them, because tho new States can never be placed upon constitn- tione equality with the eiceF States until they shall possess, well The right Of soil as of jurisdiction within their own limits. The constitution provides that new States shall Se admitted ints this niou upon equal footing with the eriginai States Al though the State ot Arkansas has passed through all the forms Of admission for more ihan twelve years past, yet she is s n State of Partartion and cannot be faiiy in the Union upon last and ccRsti- tRtiona grounds until she has the Tght to tax every foot of eanain within her IuriNcsction. IL Is tsue lastiee requires that the United States Treasury shall be reimbursed for the outlay in the purchase oi the original territory sat Of which our tsts has beea carved, as well also for the exiinguishHent e Indian tlies. and the expenses st surveys and sales of the public Ian6s but the remainder of inc sei, ot rght, is the property of the State, and il Is even tafdy justice when Congress occasionally anticipates the righifal appropriation Sf that remainder Bde' this view of the case, this General Assembly should urge the claim immediately, by Snemoriaiizing Con- gre&s to grant to the State saeh proportion of the public lands remaining uHssid. as she is of right satited to under such consideration, which h is believed would amount to half of what remains aasOid, numbering many millions Of acres
 The fund accommodating and arising from the safes ofprevious aOuaons for internal improvements and