Washington telegraph., 1853-10-19

HiuuAlAt sttte Win hlln, anu then paY oHel
TO the Treasurer all money aud scrip feeeiy.
ed.
il is evident, from these provisions alonn
that the land agents have no power, au,hori,
ty or right 10 act Al al, by selling land. or
otherwise, until they rccive tho map. and
rla's aud that, even then, they eanuo, sell
ar dispose oi. for money or scrip. single
#efe q swamp land until they have iirst.
amor The prescribed advertisement, offered il
Al public sale. As little have they the pow
er ta reeeiye applications for purchase
aud every purchase heretofore made Of a
land agent aud every application for pun.
ehase heretofore made Ia hm, is a perfect
absolute nHlliiy, the purchaser obtaining no
title Nhaleyef to tie land. nor any preference
ofer any other person in purchasing Of the
board Of commissioners. As each land
agent receives tue maps and plii.. his pow.
ers will vest aal tbs baarl viii thereh,
, dkcstel ii "a much af is original puw.
en- as 10 llat district.
II the moan time, The original powers Of
the h1ard OF commissioner, continue tar
hffe IS 40 pf0rlAf0a id.ias fhem diatg.
but oh the ennifary provision that they
sasll eSefeiss them. Tie right of contract.
ofs aud olhot. To be paid IL Iaud, 10 receive
scrip aud Ia loealc il when 80 received.
mn.l be- held to fsmaiu as at iigsl aud that
II WI, nai tue intention u impair them, or
10 letter aud emhlrrass their cxefcis: IN.
asinueh as prupsr respect fur the l.egi.la.
ture requires the CONCLUSION that they did
no, intend To do an act both uneon,iilnlioB.
al aud morally miquiiou. unless. by no.,
uncqnyocal aud positive pruyisiuns. such a
conclusion is Rendered inevitable. Nolbiny
50 far, in this act, even impel, to any such
conclusion.
But the Legislature, as if To make the
matter too plain TO be misunderstood. as If
To remoye all possible doubt - that he that
ran could read, and that lbcy should not bo
10 blame iur any mlseoneeptian ui the laN.
proceeded 10 enaei further. By section =.
a1ah nothing IN tins act shall be construed
- as To alter or change existing laws. until
The election and qualification 0f the differ.
eni officers underil, "aaa amHthe 1n.iiioc
shalt make or and furnish hc screyui
taHd agents herein provided to be elected Tor
the several land districts, ir,fl tle maps and
Pidis as rcyaifoi 10 b. furnished 5ghim,"
waleh he should furnish without dolay. Al.
siraciion,ani les room for donbl. No,kine
in the former laws is yet changed. cxccp, as
to the Helena district A. al lhc o.hcrs,
the powers and duties Of the commissioners
remain precisely as the original act defined
them, Withou, change, addition or diminu.
,iOn, or The substance oF shadow Of either
Ba, il slil that section 81 provides Tint
"thg present swamp aud comm ,ioners"
should make out and Gle ia the Aul.iur's
ulioc q list Of al lands ,jld by them
wicrr,src as they, the old board, being be.
this fore then out Of ullicewcrt required, 10 do
the pr t,gut iueumbenls could not after lilt.
make any sales The conclusion dptj not
seem to follow the premises II was well to
require the old commissioners to furnish
tbl, lid within reasonable tine after they
ceased 70 be in Office. How /, that a prohi.
bition o. action to III, present commissioners.
Could they sell up to the Gr,i Of April. aud
not after Ga what principle The ar.
gumcnt, il it can be called such, (i docs not
rise to the dignity Of unc,) neither needs
nor deserves an answer
Al applications heretofore made to the
land agents, ii applications for the same
land have been made to this board. might
as well have been made to tho Bishop Of
the Diocese. 4 man who wished to pur-
chase lands oi the general government might
a, well, instead uf going to the Register aud
/ Receiver have gone To and filed his appllca.
ton aud money with the Surveyor General.
Where there is no such conflict The buarl
may, in my opinion, on being furnished with
evidence OF such applications, and that The
money or scrip is IN the Treasury, ncccpi
the applications as made to them On toe day
when the, receive such competent evidence.
aud give certificates accordingly All cx.
iaing rights in others would OF course be
reserved and thc commissioners would
have done pll in their power to prevent the
mischicyous consequences otherwise certain
to result from the improyident and unwar.
rantabc action Of the land agents. A speedy
decision by this board and an immediate
assumption and exercise Of its legitimate
power can alone prevent inierminablc liii'
CATION and great injury to innocent purchns'
crs 1t isa great evil in any public officer
or public authority to usRrp power not be-
longing to i but equally as great crime
and evil TO refuse 10 exercise clear and lc.
gitimntc power whcrcwilb it is invested by
law ALBERT PINE.
Little Rock, Oct 9Th 1858.
A stallion seized Mr. Boyington, Of Ober
lin, Ohio, in his mouth and threw him IN
the air; when he struck the ground the
horse jumped on him with his fore feet
seized him by the head, and broke his mech
short of, sovering the jugular vein with hl'