Arkansas true Democrat., 1859-11-09
An Important Decision in Relation to
 Pre-emptions on Swamp Lands.

All 1lupOI td0S 0SC1S1Ou III fkeldI1Ou to
 Pre-emptions on Swamp Lands.
 The following opinion of the Solicitor General will be read with interest. Under the former construction of the law, the pre- emptor by reclamation had a year in which to perfect his entry In the Clarksville district list of lands has been lately con firmea and the sale fixed for the 2Sth inst. A large number of persons have filed their declarations of intention to claim the land, and before this opinion can reach them the day of sale will have arrived Under the peculiar circumstances, land agent Howell will be instructed to reserve the tracts claimed and be required to give the pre- emptors another notice and period of sixty days in which to do the work, make the proof and perfect the entry
 Little Rock, Oct. 31st, 1859.
 SIR In reference to the question of ob- taining pre-emption upon the swamp lands, by means of reclamation, submitted to me, have to say that the section which gives the privelege of taking up 160 acres (Gould's Digest, sec. 15, p. 722, by means of levees, drains or ditches, to the value of the land, requires the preemption to be proved and establised according to existing laws; by which understand, that the labor is to be performed and the proof made, to the satisfaction of the officer, in the same time and manner as other pre-emptions.
 The last legislature, by an act approved the Sth day of February, 1859, acts 1850, p. 137, excused proof of thorough and per manent reclamation, and provided that up on proof that the value of the reclamation amounts to the minimum price of the tract, certificate shall be granted, which is to be received in payment of the land. This act does not make any other change in the said 10th section, leaving it, in other re- spects as 1t stood before.
 There may be a difference of opinion as to what existing laws require in pre-empton cases, owing to conflicting provisions; but, giving the pre-emption laws liberal expo siton, 1t seems to me to be a correct posi- tion, that person to be entitled to pre- emption, by labor bestowed towards recla nation, must perform that labor and make his proof, obtain his certificate and with it enter the land before the day fixed for the public sale of the land The right of the pre-emptor must, by that time, be complet- ed. For, if this be not so, 1t is certainly true that there could be no limit anu the sale of swamp lands night be arrested simp- ly by declaring an intention, or commence ing reclamation, without ever perfect ing it. Such construction cannot be ad mitted. It is palpably unsound; and the effect of it would be to place pre-emptors by reclamation, on a better footing and ex tend to them greater privileges, than pre- emptors by cultivation enjoy. l cannot think the legislature ever designed to make any such discrimination; or that 1t has, in fact, been done.
 As to swamp lands which have been offer ed for sale and remain unsold, pre- -emptor by reclamation, would have twelve months from the filing of his application, to take up the land as think; but, in the other cases he must perfect his right before sale, and if he does not, 1 believe the land is subject to sale.
 Very respectfully,
 your ob't servt,
 $. 1T. HAMPSTEAD. WM. R. NILLR, ESQ,
 Audtor, Little Rock, Ark.