The Van Buren press., 1875-08-17

In the case before Chancellor Eakin an
amended bill was 6led in which it Was al
legged that the pretended payment by de-
bonds, or treasury notes, or confederate
states treasury notes, or confederate
states treasury notes or bonds, issued in
aid Of the rebellion. On this point the
chancellor says:
"The use Of onfederate money In this way
was In no manner hostile 10 the United States.
IL had no possible connection with the war.
The common school system Of the state was
instituted for social amelieration and general
prosperity, without any reference to any par
ticular government, and WAS equally impor-
tant under any government. Confederate
money was the only currency. 1t had value
and purchasing power, which might be
made useful, ~ well In the conduct OF CON-
mon schools. as In any other OF the avOcations
Of life. think these Payments,
made in confederate money, were fully rati-
fed bv the act Of the Legislature Of March,
1857"
This act 10 as Follows:
THAT all patents executed during the late
war for sixteenth section or common school
lands. are hereby ratified, confirmed and made
valid"
The chancellor continues: "The Ian.
guage Of the act is such as to show con.
clusively, in connection with what We all
know ofthc history and condition Of the
country, that payments of confederate
money were meant by the act II the
technical payment in lawful money had
been intended, the act would have been
unnecessary.
The attorney general has appealed
from this decision to the supreme court,
but, with all the lights have before me
at present, am disposed to follow the
law as expounded by the supreme cour
OF the nation, our own supreme court in
1866, and Of the ehanccry court OF pulas
XII county, in the case recently decided
therein, and from which have quoted,
in preference to being guided by the act
of the legislature OF 1871. and the de.
cision OF the supreme court overriding
principles announced in the case of Haw.
kns VS.. Filkins. The decision in the
case of Penn vs.. Tollison l do not re
gard rs being entitled to that weight
which decision of the supreme court of
the United States is. As for the act OF
the legislature Of 1871, | believe it will
not be doubted but it was passed in the
interest OF land grabbers and specnlators,
and for the purpose Of expressing the
people.
have no hesitancy in saying that
believe your patent, signed by Gov Rec.
tor, is as good aud as binding as one
would be signed by Gov. Garland, aud
have no doubt the courts will SO hold
when the question is raised before them.
In tn, rulings Of this office hereafter shall
hold every entry Of lands Of every char.
acter, paid in any kind Of funds receiv
able for lands Of the state at that time, as
valid, and where parties present eertifi
Gates Of purchase and ask patents for the
same, shall give certificate recon-
mcnding his exccllency to issue the same.
The sixteenth section. seminary, saline,
internal improvement aud swamp and
overfowed lands belong the state. They
belonged to her during the war, and she
had perfect right to dispose of any or
all Of them in any manner she saw prop
er, so that it was not in furtherance efthe
TcpellioH-aht IL WAS ueI pfoNihce W
take such currency as she pleased.
Where she received her pay and gave her
certificate OF purchase, what right has
she to arbitrarily set aside the sale and
demand payment again ? can see no
equity in such y demand, and shall rccog
nize al! sales made duriay the war, and
all patents and certificates issued during
that period, rs asthough the ransaction oc.
Cured prior to sr since that time.
l return your patent, for the reasons
given above. 1t is certainly as good as
any that could be given by the present
authorities.
Respectfully, &c,
j. N SMlTHEE,
Commissioner State Lands.