Washington telegraph., 1853-05-25
The Cairo and Fulton Grant.
GOV, CCNWAY's LETTER.

In looking over recent number of the
True Democrat we were momentarilv
eratifed by seeing in its columns what we
supposed to be the Governors proclamation.
We presumed that his sober second thought
had induced him. in compliance with the
wishes of the great mass of the people, to
call the legislature together, but what was
our surprise, on reading the document, to
find it ridiculous letter addressed to the
Commissioner Of the General Land Office.
Now, it is in no partisan or fault-fnding
spirit we wish to speak of this peculiar and
unique document. Opposed as we are to
the Governor in politics, as much as we were
averse to his being elected to the position he
now occupies: for the credit of the state Of our
adoption, and from natural desire to appear,
at least respectable, abroad, We would rejoice
had this document never seen the light OF
day. 1t exhibits upon its face such unmis-
taxable evidences of folly and vanity,-such
undeniable proofs Of Ignorance and incom-
potency as to force us to the conclusion, that
either a little brief authority has made His
Excelleney mad, or the multiplicity of bis
engagements has compelled him to entrust
the writing of this peculiar document to some
moon struck friend
In order to show that the language VIC have
used towards his Excellency is neither harsh
nor uncalled, for we annex his letter-read it.
EXECUTIVE DEPARTMENT,
Little Rock, Feb. u, 1853.
I, Elias n. Conway, Governor of the
State of Arkansas. and for and in behalf Of
said State do hereby accept Of the grant of
lands made by the United States of Ameri-
ca to the State of Arkansas, by an act Of
Congress entitled, IAN act granting the right
Of way, and making grant of land to the
States of Arkansas and Missouri. to aid in
the construction Of railroad from point
on the Mississippi opposite the mouth of the
Ohio river via Little Rock, to the Texas
boundary near Fulton in Arkansas, with
branches to Fort Smith and the Mississippi
river" approved, 9th February, 1853, to-
gether with all the rights and privileges CON
ferred upon the State of Arkansas by said
act, and upon the conditions and terms stat
ed in the act aforesaid, and this acceptance
is intended and hereby declared to relate
back to and take effect from and after the
9th day Of February, 1853 the date of the
approval Of the act, and the Commissioner
Of the General Land Office is hereby not-
fed that the State of Arkansas will insist on
the confirmation to her of each and every
tract of land which on the day of the ap-
proval of the law, belonged to the United
States. and which may hereafter be selected
as part of the land granted on the 9th Feb
ruary, 1853, as herein before stated, to the
State, and therefore if any such lands have
been disposed of since the 9th February,
1858, Or shall be disposed of by the United
States at any of the Land Offices, the State
CT Arkansas viii claim the right to the lands
and insist that all conflicting claims accruing
after the 9th February, 1888, be set aside
and the sales and locations annulled.
In testimony whereof have hereunto
set my hand and caused the seal of
Il. 81 the State of Arkansas to be affixed
the date first above written
ELIAS n. CONWAY.
It viii be seen that the Governor in his
letter assumes powers now here granted to
him, either in the constitution of this State
or the terms Of the grant made by the gen.
eral government BY reference to the law
making grant of land to the Cairo and Full
ton Railroad, it will be found that the State
of Arkansas has certain things to perform
before she can have any legal claim to any
portion of the Land embraced in the grant.
First, she must through her legislature, not
her Governor, accept the grant In the
next place she must by the authority of her
Legislature, (not her Governor) have the
road definitely located and surveyed, and
such location and survey fled with the pro-
per local land officers, and forwarded to the
Commissioner ofthe General Land Office
and then, and not until then, can the State
expect or demand that the title to the lands
donated, shall vest in her.
The Governor, from incompetency or OBJ
stinaey, or some less excusable or more sim
lister motive has refused, although he must
have known that great majority Of the
people of this State desired it, to call the
Legislature together, and in order to relieve
himself, as he doubles supposed. from the
evil consequences that must result 10 the
State from his course, has written, or caused
to be written, this remarkable letter to the
Commissioner Of the General Land Office
which has won for him reputation for in
competency and folly without parallel in