The Arkansas banner., 1849-01-02
Exrcur,vn orrlcr. ]

STR: A bill to be entitled 'sAn act to disiribute the proceeds of the five hundred thousand acres .O land donated 10 tho Ststc of Arkansas for iuterna improvement has been presented 10 me for my approval.
 Our State constitution. which was adopted on the 30th day of January, ls36, in the Tth article and 7h section provides In relation 10 this subject, in the following words
 t Internal Improvements hall be encouraged by the government of this Staie; and Il shall be the duty of ihe General Assembly, us soon may be, to make provision by law for aseeriaiHaS the proper e;scts oFimproDsmsni. in relation 10 roads, canals and navigable waters; and shall also bo their duty to provide by law for an equal, systematic and economical application of tho funds 'ohea mSy bs appropriated to these obects' Subsequently Con gress. by an act approved i,h September, lS4i, in Inc Following worS' grunte 10 this State f''''d for internal improvements, to wit;
 SEC s. That thcre shall be granted to each State specified in the first section of this act five hundred thousand acres of land. for purposes of n- terual improvement And again, in
 SEC 2. "That the lands herein granted to the States above named shall not be disposed of al a price less than one dollar and twenty five cents per acre, until otherwise authorized by law of the United Statcs and the net proceeds of the sales ot said lands shall he faithfully applied 10 objects oi internal improvement, within the States aforesaid, respectively. namely roads, railroads, bridges, ca nals, and improvement of water courses and drain ing of swanps; and such roads, railroads, canals, bridpcs and water courses, when made or improved, siIa be free for the transportation of the United States maiI and munitions of war and for the pas suge of their troops, without tho payment of any toll whatever"
 Hence il is mbufest that this fund was granted, and was accepted, for thu purposes specified in the grant, and entrusted to the good faith of the Legs ture of this State ora time to come. Any attempt to eyade the provisions of this grant, would be a violation of the faith of inc State. This fund.- there fore, does and will remain under the management of the Legislature during all successive time.
 It would be breach of faith on the part of this State to accept the grant, with the conditions and dispose of tho fund otherwise, by distribution to the several counties had not ihe constitution. in ex- press language indicated, has been fully shown, the precise course and made it obligatory upon The
 
 in accordance with the provisions of this grant the obligation still would be found in the grant. Then il is doubly binding upon this egi ature, as well all succeeding legislatures, 10 carry out the object of the grant, not only with view to the faithful entertainment of objects of improvement, but the economical application of the fund, that much good may result to the State. with corresponding benefits to tho general government. The majority of this legislature have the constitutional right, during the term for which they have been elected, to manage and control this fund, under the restrictions refer red to- but they have no right to deprive succeed ing legislature of like control, by thrusing it be- yond the reach of any power upon earth.
 They hnve much right 10 abolish the State Treasury, and distribute the proceeds thereof among the various townships to divide 1t out per capita, among the people, as 10 distribute the proceeds of the 5OO,000 acre grant among the counties, under tho management of two hundred and fifty-five com inissioners and iHy-ouc lawyers, authorzeL to pay themselves.
 This bill, which is presented for my approval violates every one of these conditions, and consc- quently is unconstitutional, and absolutely void and fragrant violation of the faith of the State; and any attempt 10 enforce it would be enjoined by every tribunal, State and federal, within the limits of the State of Arkansas. The constitution having first provided what the legislature should do, and Congress- following up the idea, by confcrring on the State and placing under the guardian care of the legislature munificent donation. it does seem clear that the constitutional provision referred to was well understood by Congress at the time the grant was made, and afforded guaranty that the object of the grant would be fully carried out, in good faith, in fostering and promoting the works contemplated, and hence the repetition in the grant of the Identical specifications,
 To distribute il among the several counties would serve, most effeciuay, 10 deprive the general gov ernment of every particle of interest provided for in the accomplishment of "systematic" application oI this fund. IL is also provided in ihc State con stitution. in article :, section f. that |" No money shall be drawn from the treasury but in consequence of an appropriation by law and until the object has been ascertained, no appropriation can be made, nor has any such been made in the bill before me. In distributing this fund.- the legislature would avoid a constitutional responsibility imposed upon them, as we'll as the additional obligation attending the acceptance of the donation, which would be in violation of both throwing them upon the coun- ties, in their corporate character.
 Had the constitution teen silent upon the subject of internal improvement, then the legislature would have been governed by its own voltiop, exccpt go far as she may have been placed under restrictions in tho phraseology and character of the grant by Congress, In this case, apprvhend, the legsla- ture would be hound to carry out the specified ob- Jeet as completely the subject had bee reduced to the form ofa written compact for the acceptance of the donation, on our part, placed us under obi- gallons to perform The part required. that the gen eral government might avail itself of ali thc alyan- tagos contemplated, which are important in their character.
 Entertaining these opinions, as a solemn public duty owe 10 the great Interests of the State, my approval is withheld THOMAS :. DREW.
 To the SfEaKER