Washington telegraph., 1853-06-15
That Review.

The Governors organ Of last Tuesday,
insteal Of adducing single fact or argu-
ment calculated to controvert any position
whichwe had taken, last week. in regard to
the giants Of lands to the State, for railroads.
and tieir reservation from sale, has wasted
a considerable amount Of labor in trying to
prove our course in regard to this grant, to
be inionsistant.
In,smuch as issue has not been taken, on
any material point made by us heretofore on
this slbiect if we establish our consistency,
our Premises may be said to be admitted, be-
cause they have not been denied.
We have heretofore taken the ground
that there was a necessity for a called ses-
sion Of the Legislature, in order that the
lines of the different roads might be def
nitely fixed, SO that the State might avail
herself Of the benefits Of the grant Of lands
fr railroad purposes.
We have taken the ground that Legislative
stion is indispensably necessary to enable
tie State to secure and appropriate these
lnds.
We have taken the ground that the Gov
onor had not the constitutional or legal
night to accept these lands without action on
die part Of the Legislature.
We have taken the ground that the pub
lie interests demanded the immediate con-
vocation Of the Legislature, in order to fix,
definitely the lines Of the different roads,
and adopt proper plan for the disposition
of the lands, and the application of their
proceeds to the building Of our contempla-
ted railroads
We said last week, 'we are not prepared
to admit as an opinion of our own, that the
order of reservation issued from the Gene
raj Land Office to the land Offices of this
State, of which we have been speaking has
any legal force or validity for we are not
aware Of any power, short Of an act Of Con-
gress, to reserve the public lands from sale
or pre-emption, after they are surveyed, and
once proclaimed for sale. We will not so far
presume upon our slender knowledge Of the
law which governs upon such question. as
to deny that any such power resides in the
President. or any other executive officer
But we have found no lawyer here who re-
cognizes any such power, or who hesit-.
ates to express the opinion that the order
of reservation, in this case, is without au-
thority Of law, and therefore void, or at
least voidable, should the question ever come
before competent judcisi tribunal SO
far, then, as the ultimate legal question is
concerned, and the extent to which it may
affect in future the titles to land, we refrain
from expressing our own opinion"
Before making the statement just quoted,
we conferred with some Of the ablest law
yers at our bar, and they were unanimous in
their opinions as therein shown. Since that
time we have conversed with no lawyer.
who has taken different view of the ques-
ton.
We have said that the effect of the reserv-
alton would be to forbid emigration to, and
the settlement Of the public lands, reserved
from sale, from the 9th Of May to the 9th
of October.
No argument or fact has been adduced
BY any one calculated to controvert any po-
sition taken by u.s. in regard to this grant Of
lands; the action the Governor has taken
in regard to them; the necessary Legislative
action to enable the State to avail herself Of
the benefits arising from a proper disposi-
! tion of them or the disastrous consequences
which viii necessarily result to the State
both by the tardy action Of the Governor
and the continued reservation of these lands
from sale. And if there was necessity
for called session Of the Legislature, be-
foIe the order for the reservation Of these
lands, that necessity now demands the prompt
action of the Governor with redoubled force.
As we have shown oursclf to be consistent,
and no issue has been taken on any point
made by US, of course we have sustained
ourself fally, in every respect, and in all of
the positions which We have taken in regard
to this grant Of lands for railroads
When we ascertain that there is even a
probability that the Governor will convene
the Legislature. we will be ready to show
what action should be taken BY that body,
and what disposition, in our humble Judge
ment. it will be necessary to make Of the lands
granted to the State for railroads. But if
it should turn out that the Governor will not
convene the Legislature, as we believe he
will not, then, We will reserve, what we have
to say on this subject, for the canvass next
summer, 50 that members Of the Legislature
when they are elected, may come here, fresh
from, and rejecting the will of the people.
Gazette 6- Democrat.
L