The true Democrat., 1857-04-28
Swamp LanI Entries.

Swamp LanI Entries.
 As the decision of the solicitor general has escaped the notice of many persons who have entered swamp lands-the price of which was regulated by an ordinance of the late board of swamp land commissioners-we republish the same with an important addition thereto and direct the attention of all persons interested, 10 its language.
 Little Rock, February, 1857.
 SIR,-The principal question submitted in your letter of the 4th inst, Is difficult one, rather pertaining to fact than to law, and 1t Is to be regretted that it has not been settled by positive legislation.
 In substance the question submitted to me is this: Vbat IS to De underst0od by tte term ' na- uiqaJle t0ater-c0vse," used in the swamp land act approvel January l2th, 1853?
 
 By the swamp land act of the 9th January, 1851, (Acts 1850, p. 77,) the governor was au- thorzed and required to appoint three compe- tent persons to be known and to act as the board of swamp land commissioners. Power was gwen, and il was expressly made the duty of the commissioners to fix the price of swamp and overaowed auG; donated to this State by the act of Congress Of the 18th Sep tember, 1850; iu their then condition, taking into consideration the locality and the value that would be added to such lands by their recamation subject to the approval of the go- vernon. Three commissioners were appoluted in accordance with the law, who were duly qualified such.
 On he 2l of September 1851, in the exer- else ofthe authority thus delegated to them, the board of swamp land commissioners passed and promul gated the following ordinances, viz
 Be t o,,laiael by he Boara of S.camp LtnE Commissioners, That all that portion of the swamp lands, donated to the State of Arkan- sas by an act of Congress, approved the 18th day of September, 1850, lying and being with in six miles of any navigable stream in this State, shall be and they are hereby chased in the first class, and the price fixed at seventy five cents per acre.
 Be tt futher ordained, That all swamp land lying and bcngover six miles from any nayiga- ble stream in this State, and all land, between the rivers and levees, are hereby classed iA the second class and the price thereof fixed at fifty cents per acre.
 Be | further ordained, That the following named streams running through and borderi:g Z upon this State are hereby declared navi gable streams as coming within the lerview of this order, viz:
 Mississippi, St. Francis, White, Arsansas, Bartholomew, Saline, Ouachita, Little River, Little Missouri Petit can, Cashe Spring, Red and Black rivers.
 This ordinance is understood to have receiv- ed the approval of the governor (John Selden ! Roane) aud it was communicated bv him 10 the legislature at the session of 1852, and will be found in the printed report of the commis- sioners at page 20.
 On the 29th of November, 1852 the 5over- nor, (Elias \. Conway) Iu message u the i legislature set out this ordinance it. hec rerb1 calling special attention to it as . subject of sul- 1 icient importance to be definitely settled by an act of the legislature. The recommendation, | however, was not followed further than to en- act among other things in general mauuer that the minimum value of l'l swamp and over flowed lands which ale hot sold at public sale should be seven y-five cents per acre, for all
 lands aelttu ST miles cf anaug1Jle lgtter course, and fifty cents per acre for all lands being more than six miles from naUiga}le 10ater-course" This act was approved on the 12th of January, 1853, (acts of 1852, page 1G5)
 It will be seen that the act substantially adopts the language of the ordinance and con- sidering all the attending circumstances, must as think, be regarded as a recognition and confirmation of the ordinance as fully as if it had been actually incorporated into the law it. self. The commissioners had the authority to thus fix the price of swamp lands. They did so by declaring in substance, that within six miles of certain streams specified by them, se- venty-fve cents should be the minimum, and ! f, swamp land. Their action having been approv- ed by the constituted authorities, was brought to the special notice of the legislature and there being no dissent or the establishment of any new system, the presumption is almost irresist- able, that ln using the term naUigaJie lCater course" the legislature intended to embrace these streams declared uayIgable by the or dinance of 1851, for the purpose of classifying and fixing the price of swamp lands, and uu- der which ordinance the board and others had acted
 therefore the act Of the legislature of 12th JaLuary, 1853, must be construed as a legisla- tive adoption of that orliuance, and the term 'Rdt1gaJle lcater couyse'' as meaning such streams as had been so declared ill the ordinance above mentioned.
 And for the purpose of clae sifying aud fixing the minimum price of swamp lands, it seems to me that the streams mentioned ln that ord- nance must be considered as navl gable water courses for their entire length ill this State, whether actually navi gable or not And ar rive at this conclusion, because, while 1 am mindful, that the discrimination in the price of swamp land was most probably based ou the idea that land proxlmatlng to streams capable oi and used for he purposes of commerce aud navigation, were more valuable than lands not near enough to be directly affected by those ad- yantaSes; yet It IS also true that the difference between the mlnlnum on the one class and lhe other IS small and not very material; and 1t is also true that the importance of having a cer- tain and definite standard for the land officers, state officials and the public would far out weigh any consideration of loss or gain. in re- gard to llnds on streams, above the point of navigation. It was quite as necessary to have a certain standard, although arbitrary it might be, it was to have a minimum price for the lands To leave the actual navigableness of those streams to be settled in each case as question of fact would have produced the ut most confusion and uncertainty Decisions based upon imperfect or interested testimony, must have been different at different times, and different at different offices
 It Is therefore reasonable to suppose that it was thought better to demand seventy-fv cents per acre for swamp land on or near stream above the point of actual. navigabiIity, than to have ashfting standard of value, or ra- ther a standard wholly uncertain. For, while on the one hand occasional indi- vidual hardships might be produced in the prac- tica workings of the system, yet they were more than compensated for on the other by eer- tainty and public convenience.
 And cannot help thinking the public inte- rest would be promoted if the legislature lshnpll establish AnAif1rm minimum for sxamn.