Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1853-12-24
ATTORNEY Generals OFFICE,
Jackson, Dec, 8, 1853.

Hon. HIM. II. Muse, Secy Of State
SIR In your communication of the 9th, you
enquire whether or not scrip issued under the
provisions of the Act of the Legislature of this
State, approved March Is 1852, can be located
upon any lands included within the provisions of
the Act ofthe said Legislature, approved March
the 10th, 1852"
In order to determine the point presented, a
careful examination of the two laws is necessary.
l admit upon looking at the Act of the 10Th
March, that it might be inferred from the language
of the LIST, End and 3rd Sections, that it was the
intention of the Legislature that the lands should
only be subject to entry with scrip issued to the
counties in which they were situate. But on look
ing further into the Act we find the following pro-
vision. After providing for the issuance of scrip,
the Act says
'Said scrip to be governed in all respects by the
provisions of the twelfth thirteenth, fourteenth,
fifteenth and sixteenth sections of act to provide
for the construction of levee upon the Mississippi
Rlv or, for the reclamation of the State and school
lands and for other purposes
The 18th section of the last cited act provides
also for tho issuance of other scrip and prescrbes
its form and effect in the following words;
County, Land Warrants, No--$8O.
1.-THE Holder hereof, is entitled to one quarter
section Of land not before located under certificates
OF like character, to selected by him on or before
lands donated 6ytAe Congress ct'the United States
to the State Of Mississippi; Provded Notice there
of should be given to the undersigned, Secretary
of State, or before the LIST day Of October, 1852
(Signed) $50. of State
You will observe the 4th Section of Act 10th
March, says that scrip issued under it shall be
goVeAned in all respects by the foregoing section as
we'll as the l4th, 18th and 10th of the same act.
And you will further observe that this 18th Sec
ton secures to the holder Of scrip the broad and
unrestricted right to locate it upon the submerged
lands in Mississippi donated by Congress. The
form of expression adopted, includes all or any of
the submerged lands. The holder of scrip, issued
under either law is then vested with perfect right
to locate it in any county in the State where any
lands of the description to which the laws relate
are to be found.
am reminded here by some, that this 4th Sec
ton provides that the 12, 10, ID, and 10th sec
tons of the Actof 9Th March, are adopted by the
Act of 18th March so far as they can be made APP
plicable to the provisions of this Act'-act is
March. This l do not regard as at all initiating
against my position. consider that these sections
can be made exactly and most naturally to apply
to the latter act 1t will not be denied that the
Legislature intended that these sections should ap-
ply to some ertent at least. Yetif these are right
who differ with me, these sections are Wholiy unap-
plicuble. How far then do they apply Take
for instance the form Of the scrip. This form is a
part of the law. 1t would certainly be proper in
the Secretary to adopt this form for scrip under
the last law. There is none other prescribed to
him. Yet this scrip measures the rights of the
State and the purchaser and passes the Great Seal
The form of this scrip is part of these sections and
he is bound to adopt it. 1t is directly applicable
Examine it. On its face it gives the holder the
right to locate his scrip upon these lands. So
with all the other provisions of these sections in
regard to scrip and the rights of its holders The
Legislature well knew their meaning when they in
cordporated them into and made them part oil
the act of 10Th March. Their meaning is plain,
their terms express and their enactments positive
and unequivocal. l am at loss to see how they
can now be emasculated by vague deductions from
very indefinite language.
Again, in section s. which is also part of the
law of this scrip, we find the following provision,
which is still more explicit upon the question in is
sue
"That said land scrip shall be assets in the
hands of the levee commissioners for lcvee purpo
ses only, who may dispose of the same for cash Of
labor upon said levees at the minimum of fifty
cents per acre. and when so sold or bartered, th,
President of the Board oflevee commissioners shall
endorse the same to his venee or assignee sCho shall
be authorized to locate the same upon ANY ofh
ssoamp lands as set forth IN said Warrant" dc
Here you will perceive the broadest and mos
emphatic language is issued to define the privileg
of the holders of this scrip. IT, in express terms
clothes them with right to locate their scrip o.
any of the swamp lands in the State and refers to
connects itself with, explains and strengthens tn
terms of the warrant or scrip provided for in ser
IL which precedes it. The 4th sec. of the act c
March, has made these sections to govern, sin al
respects scrip issued under it, and you are there
fore bound to extend to the holders of the strip un
der the one law every privilege secured under tn
provisions of the other. 1t is not a matter of ref
erence construction. It is plain, direct and ez
press enactment, which can neither be avoided G
eVaded. Such may not have been the intention
the Legislature. It is greatly to be regretted
then, that they did not take pains to express d
fereut intention IN plain and ineligible manne
When the language of a law is plata, we are NJ
permitted to resort to construction to hunt fc
an intention in the mind of the law maker, othe
than that which he has indicated by the terms b
has employed to express his meaning. 1t is sal
many counties will be seriously injured if sue
operation is given to these laws as l have indct
ted. Those aggrieyed must look to the Legislt
ture. It's but my humble duty to advise on tt
legal effort of Statutes when made, and not to pre-
vide sganst injurious effects flowing from them.
But it may be said, this may all be true in r,
gard to the holders of scrip under the Act of I6t
March, AMI yet it still does not prove that the hole
ers of scrip under the Act of 18th March have
right to locate upon any lands out of the count
to which their scrip was issued. have purpos