, 1864-01-15

conclusion is 80 clear and 60 inerffablc, both
! from the LAWS themselves and the history ol
their passage, that all doubt. on tho point ID
| efiectually and en- Trey removed
Every statute which contalnsn no terms con:
| Meeting it with another, must necessarily be
construed by itself The only connection
the LAWS OF 1856 and 1857 has, is with the pro
vision setting appart the five per cent fund
embraced In the enabling acts Of the States to
which they refer. They embrace appropria.
cent on Indian Reservations and nothing
/ more, and they do this without limitations of
sTHs;shs. TGeie IS partial view Of the question
which have separately or distinctly promis-
ed, for the reason desired to present 1t as .
whole. Twill mention 1t now, however, for
Assistant Interior Secretary pleads the laws
making appropriations to the National Road
in .;baf Of the claim of Illinois. A large
amount land have taken steps to ascertain
definitely Nhat it Isl Of the Two per sfcent
road fund belonging to the State, accumula-
ted in the Treasury, from lands sold, gJ1er I'LL
appropriations for the Cumberland Rond had
ceaged. is not the State at least entitled to
the amoEnt which thus came into the Treas
ury? I do not raise the point with view Of
yielding any part of the "clairl, but US sug-
j. gestiye Of the legal inaposs1bility of the up
Preparations referred to being applied rs an
Offset to q subsequently accumulated fund;
The first act making an appropriation to
tic National Road Was approved March 29th,
lsCG, and the Inst was approved Afny 25th,
1858 :(See abstract Of United States statutes
ut large, pages. 357-S.) The State WAS not
ADMITTED into the Union until April 18th,
161s, and t. her two per cent fund, is to be
charged With expenditures on account Of the
National road, those made before her admis-
efr NJ fS,1. 1,n
mid yet there would seem to be as much pro-
priety in making such a-chazge us the ono be-
fore mentioned. .,.
authority in the officers OF the Government
to make the charge referred to as whole,
against tle state;. especially IN view Of the
acts Of 1855 and 1857, and it would be out Of
place to duplicate that argument in this COM
. municaton:. It is, however, proper: for me
to say, III yiew. of the fund Which accumu-
, lated, after appropriations for the National
road had ceased, that Congress was to !''dis-
burse" It :. .'in mailing roads :; leading
Is to >, ths State: How could such
no such fund, and the lands had not even
been nsold, In my Judgement, there can DC
no other legal Interpretation Of the sixth
section Of the act admitting Illinois into the
Union. but that the money was to bc tsdis-
bnreed". as It accnmulated, or thereafter.
expend, to spend.".- How could that be paid
out, expended, or spent, Which had no exist
ence? It WIS evidently intended, from the
language used III tue section just mentioned,
that Congress should not and could not, With
out the consent Of the State, make waste
: fnl expenditure Of the money, as 1t did, or It
would be more proper to say q wastefhl ex-
and then have ita officers to claim, in the face
Of IN net recognizing her right to 1t, that the
Treasury was to te reimbursed out Of it.
The language OF tho sixth section prc-snp-
poses the existence of the fund before Its dis
tribution, and any anterior use Of II, u insist
was nnauthorized BY the compact between
the United States and the State of Illinois,,
and In palpable yiolation Of her rights. Her
Representatives, in Congress would be. contin-.
ually Increasing, and new interests might.
arise which, Woult gire different direction
to an accumulated fund, to that which! it
might take when anticipated. The State,
too. & y ehc advanced in liquidation md repre-:
rights. However, have said I would not
iiscuss this point, nor will L ] have thrown
ont but few srggcstions upon It, which
think are sound and well taken. !.
Having now, as I trust, performed my duty
to the Governor, Legislature and teople Of
my State, and said this much in addition to
$ what before have said, hope to stand vim
dicated in their Judgment, and have respect
fully to inquire how soon it will be conyc,l-
lent for your Excellenc5 to dispose Of the
causc Of the State. / am fully sensible Of tue
grcat and Important Duties pressing upon
you, and although the interest Of Illinois IS Of
vital moment to her, I will not undnly urge
it to the detriment Of your E1ccliency1s con.
venicnce in other more pressing matters.
The result Is, oF course, with you. Tho
authorities would seem to be sufficient on
the legal points. No one has ever questioned
thc equity Of the CHIN. I assume that fully
appreciate what some may suppose to be tho
t!elicacy OF your position, being citizen Of
the State, but that consideration constitutes
no 1cason why Justice should be withheld
from ler; nor will it influence a great mind,
like your OWL.
sctihe myself,
Your obliged and humble servant,
, -. l.. N NORRIS.
LETTER FEox EX-SENATOR GREEN,
So Qu1ScF, ILLINOIS, Nov. e0th 1863.
hon; l. N. Monn1e-De Sir: My ATTENTION has
the ofGcsrs at Washington City for the purpose Of
procuring payment Ct two per cent Of tie net pro-
eeeds Of ne sales Of the public lands in this Site
the Law, under which you claim payment, until you
bIoncht It befofe The public.
When IN the United States Senate, I, with my
colleagues In beth Houses Of Congress-, procured
the passage 6f h special law for similar payment
Of two pei cent to Missouri, but we lad noticed
tho Eeul provision OF the second section Of the
act Of March I'd, l6o7,We would have relied alone
action q Congress. and should have felt confident
IN obtaining the tWo per cent to which the State |
Vas infty entitled without anS further legislation
Of lCongrces. Ard here. may remark. Is flsnstrat:
ed, ths tmprorfctZ q connecting general prosts
catee its character. This pEovIsoa in the sct ior
hissiesippi, in conneclon with the act for A1aba-
ma, On the same subject aud thtrtby re-eunctej ia
anplo and explicit, ard woC!d have been relied |
upon bT us II It had not escaped pur observation,
But although We obtain.da special Law for the Two
the oHCera Of the United Suites Treasury with the
same objection and sub;eTfuscs that you hare to |
encounter when applying for Illinois. Howevef, |
GraiT obtained reference Of the question to the
! hare no doubt Inc. same thing would hare |
occurred nnde! the laws on which yon rely.
These Lava direct, In substance, an acc0Nnt to |
be stated with Alsh11na and MlsetssippI. OF the
whole 9ye per cent Of the net proceeds ofthe saes
and then the last section directs I
similar account with each ct the other States, md
and to allow aud pay the same. Language could |
not te palmer. There is Al account to be stated,
er.aions, and then, II sny Of these they arc to be
included. This inclusive part necessarily implies
tcE e-hing preceding, a1ld 1t might be entirely /
stricken out Of tho law. and the enactment remain,
both intcllfgihle and effective. retaining the pstma
,ng but the ineident .Ye the p,e;exts Of thc OIL
GERS would make .lls little incident every
Thing. and under thc Legislation Of Congress bosh
feel obliged to you for having brought this sub
VeIy respectfully your obed't. aerv't..
'-' JAS, 8, GREE,