Arkansas true Democrat., 1862-01-02
Very Respectfully, II. NJ. RECTOR,
 Gov. of Arkansas,
To JAS. THos. ELLIOTT,
 Pres't of the NJ. 0. x R. R. R. Co.

Governor Rector, it will be perceived bases his refusal upon the grounds, first that the convention has by ordinance adop- ted May 18th, 1861, appropriated the lands situated in the ChampagnOlle district, as part of the revenue of the State, for war purposes, constituting them with other lands. (of which the State by resumption of it's sovereignty had an indefeasible title A trust fund; the proceeds of the sale Of which were to be appropriated for the re- demption of the war bonds, issued by the State. and thus imposes restraint on ex- ecutive action, and secondly, the act afore- said. granting the lands, a subscription .of the stock by the Governor is required as precedent act to invest the company with inchoate title or equity, the legal right re- maining in the State, until the deed was passed as prescribed by law These prop ositions must of course hang together, for If the act of the assembly vested right in the rail road company to these lands, then the convention, nor any other power could divest the company of its rights, without its consent. The question then arises, was the grant a perfect one, and complete, or did the legislature fail to accomplish its purposes, and attempt to delegate to the Governor a power which alone under the constitution could be exercised by them,- Was this a grant of these lands to the com panv, by act of the Legislature? If so that grant could only have been defeated by the Governors interposition of his veto. The plain words of the act can leave no doubt as to the intention of the legislature. It says:
 That the lands belonging to the State of Arkansas, in the Champagnolle swamp land district, granted to the State by act of Congress, approved 28th Sept. 1850, bc ondhe sanae are Hereby granted 70, and in vested as stock in the Mississippi, Oucahita and Red river rail road company, at the minimum prices now established by law. '" and the Governor is authorized and requir- ed to subscribed for such amount of stock in said company as is equal to the value, at said prices, of all said lands, which are now confirmed to the State, and to make similar subscriptions from time to time, as future combinations of such lands shall be made to the State The End section of the act goes on to provide for the making of the deed for the land when the company shall tender to the Governor a certificate oi stock, for the amount subscribed Lan- euage cannot be made plainer. There car be no room for quibbling upon the con strnction of this act. With all deferenct and re. uect for the opinion of his excellen cv. have in vain looked for the precedent act of his, to be performed before the gram took effect The act does not say tha when the Governor shsll have subscribed for such an amount of stock, then such { quantity of land shall be granted to th' company. It does not leave the Gov ernor to make the grant, nor do they leav' if omen to be defeated by the failure on hi part to perform his executive duty; Tn. act was present grant, vestlng m the rai road company, 'Fproprio vigore' from tn day of its date, title to all the swamp land confirmed to the State in the Charpagnol le swamp land district, and an inchoate II tie or equity in all lands thereafter to b co,,Grmed Again the last section of tn oct n,oyides '<that this act take effect, anC be in force from and after its passage. - Had if have been only conditional grant it could not have taken effect until the con dition precedent had been complied with and would have had no vantIty, unt4l th' Governor had performed his duty' as re ou;yed. But such clearly was not the ln tention of the legislature, nor IS such fh' reading of the act. It is the province o the legislature to make laws, and of che ex esutiye ts execute them. These power