Washington telegraph., 1852-12-08
Message of Gov. Conway.
Gentlemen of the Senate,

Genttenen y the Oen0te,
and of the House of Representatives:
At the beginning, and in the prosecution
of work, deem it well to bear in mind,
the objects which we seek to attain We
all know that the State of Arkansas was
formed, and it's constitution ordained and
established for its government. to secure to
its citizens and their posterity 'the enjoy
ment of all the rights of life, liberty, and
property and the free pursuit of happiness, %
and that to save inviolate the great princi-
pies of free government and to guard against
encroachments on the rights and privileges,
reserved by the people, as essential to their
peace, safety and happiness, the Legislative
Executive and Judicial departments, are
wisely restrained and limited by the consti-
tuition.
The powers of the government being d.
vided into these three distinct departments
should the constitution prove what it was
intended to be, the separate duties assigned
BY it to each one of them. if all are judicially
and faithfully carried out ought to achieve
or approximate the good sought by its estab-
hshment.
In our efforts fully and fairly to test this
matter, it seems to me proper that we should
use such means as the constitution itself in
dicates and that the mode of using them if
defined, should be followed.
That instrument provides that, "Internal
Improvement shall be encouraged by the
government of this State. and it shall be
the duty of the General Assembly, as soon
as may be, to make provisions by law for
ascertaining the proper objects of improve
ment in relation to roads, canals and navi-
gable waters; and it shall also be their duty
to provide by law for an equal, systematic
and economical application of the funds which
may be appropriated to these objects
l recommend this provision of our organ
ic law to your consideration, and the mode,
which it enjoins, for your adoption, so that
a constitutional system of internal improve
ment may be established, which will ensure
Justice to every section of the State, by the
equal, systematic, and economical applica-
ton of the funds to the objects for which
they were intended. The duty enjoined
upon the General Assembly, to establish this
kind of system of internal improvement
"as soon as may be, is of course to be dis
charged, when in their wisdom, they shall
deem it obligatory on them. If in your
Judgment that time has arrived, then as
servants of the people, if we obey the fixed
law, which they have set before us for our
guide, and which we have sworn to support,
we perform duty. If in doing this we
comply with all the conditions upon which
the State accepted the 100000 acres of
land, granted by the act Of Congress of the
4th Sept, 1871, we act in good faith That
act declares that, "the net proceeds of the
sales of said lands shall be faithfully applied
to objects of internal improvement within
the State namely: roads, railways, bridges
canals and improvement of water courses,
and draining of swamps; and such roads,
railways, canals, bridges and water cources,
, when made or improved, shall be free for
the transportation of the United States mail
and munitions of war; and for the passage
of their troops without the payment of any
toll whatever
have every confidence in your patriot
ism and good judgment, and in presenting
these matters, do so to obtain your deci-
sion upon them, and do not wish to be un-
derstood as deciding question, which, by
the constitution, is rightfully left for deci-
sion to the prudence and enlighted judg-
ment of the General Assembly. Should
you deem it inexpedient to establish such a
system of internal improvement as the con-
stitution indicates, would suggest for your
consideration, the propriety Of amending
the distribution act, so as to authorize any
Ct the counties that may choose to do So
to invest from time to time, their funds
whether derived from this or any other
source, in plank roads and railroads or
either. at their option, which may be con-
structed any where in the State and that
no county, by taking stock, shall, under any
circumstances whatever. be made liable be-
yond the money actually so invested; and
that all such investments, by counties, shall.
from the dates and to the amounts thereof,
operate as. and be liens upon, the road in
which invested. To accomplish these OBJ
jects fully. provisions of the kind indicated
should, with great care, be incorporated in
charters for plank roads and railroads.
Then no fear of losing their funds no dread
OF being plunged into the countless evils of
oppressive debts, would deter the counties
from taking stock; and when taken, it would
be to their interest to press forward the
works to completion and successful opera
ton, so that their investments might prove
to be, not only safe but profitable.
10 secure all the lands, which Congress
may grant to this State, to aid in building
railroads, [ would recommend that law
De passed. making an appropriation out of
the internal improvement fund, amply suffi-
clent to pay for surveying the routes for
such railroads, and selecting the lands should
any be granted. Such surveys should be