The Van Buren press., 1875-08-17
Entries Of State Lands Duriug the W ar
to be Sustained.
OFFICE OF COMMISSIONERS STATE LANDS,
LITTLE Rock, July ~, 1875.


JAMES P. FAScHER, ESQ, Carrolton,
Arkansas
Dear Sir: Your letter Of the goth inst.
inclosing patent issued by Henry NJ.
Rector, governor Of the state Of Arkan'
sas, on the 9th day of January, 1862, to
Samuel Usery, for the east half, south.
east quarter, section Is, township Is
north, range % west, aud asking that a
new patent be issued for the same, has
been duly considered. This application,
presume, is made under All act Of the
general assembly approved March 20,
1871, the first and second sections OF
which are as follows:
Section l. That any person claiming, hold
ing, or occupying any lands belonging to the
state of Arkansas, under and by virtue OF any
pretended sale made to such party by any
! pretended authorities OF said state, after the
fifth day st May. one thousand eight hundred
and sixty one. and before the eighteenth day
of April, one thousand eight hundred and six
| ty-four, may present their claims to the COM
missioner of Immigration and state lands, on
or before the thirty-first day OF March. one
thousand eight hundred and seventy-two; |;
upon the presentation Of any such claims to
said commissioner he shall proceed itnmedi-
ately to investigate and make record OF the
same. Ii. upon such investigation. 1t appears
that the person making said claim is entitled
to certificate of purchase for any land be-
| longing to the state. by virtue OF labor per-
formed for the redemption of swamp lands,
the said commissioner shall issue u certificate
Of sale to such person for the same, and said
certificate shall be OF like effect rs though no
action had been taken by any pretended au-
/ thorites AS aforesaid.
! See. 2. That sll lands. claimed, held or oecu-
| MIN tfas p.sf dad In fnrAu
and no certificate issued therefor. AS provid-
ed In section l. of this act. before the first day
OF April one thousand eight hundred and
sevcnty-two. shall be sold and disposed of the
same AS other state lands; provided. that any
person holding any pretended certificate or
patent from any pretended state authority for
any lands, shall have presumption right
thereto until the thirty first day of March,
one thousand eight hundred and seventy two.
Section of the same act reads:
Sec. 4. That, in all cases. where It appears
from the records 0fsaid commissioners office
that certificates of purchase for lands pur-
chased before the sixth day of May, one thou
sand eight hundred and siXty-on were sur
rendered to any person in charge of any ofthe
land departments of this state. after the fifth
day of May, one thousand eight hundred and
sixty one. and before the eighteenth day Of
April one thousand eight hundred and sixty
tifcates were issued therefor, the commits
.ioner Of state lands shall, upon application.
issue valid certificates therefor. without
| further proof Of loss of said original ccrtih
cate.
Heretofore it has been the rule Of this
office to strictly comply with this statute.
In doing so, however, many people have
been deprived OF their homes. In con
al fi,a a1an fprp |,
evidence that the purchase money was
paid in gold | am disposed to hold
that such evidence is not material to the
main point in the case. The only point
Is, would patent issued by the present
state executive be more binding than the
ono issued by Gov. Rector in 1862. l
think not, and shall decline to give any
certificate recommending the issuance Of
another patent. A case exactly similar
to this recently came before the chancel.
lor OF the Pulaski chanccry court, in
which | am bore out in this decision.
In that case the party purchased GER
tain tract of school land prior to the war,
4 and executed his note or bond for the
same. This note was paid and he OBJ
tanned paten. from Gov Rector in 1862.
At the February term, 1874, Of the
chancery court. Attorney.General Yon.
ley filed a complaint in equity. in which
he set up that the bond OF the purchaser
was paid to the confederate states author.
tiles, and therefore there was no legal
payment, and judgment was asked, TO
this complaint the party answered. admit
ting the purchase as stated, the payment
Of the amount of the bond to the COM
mon school commissioner of the county
in 1862, and exhibited his patent fer the
land from Governor Rector, issued in the
same year.
This demurrer was sustained BY
Chancellor Eakin, who, in his opinion,
| said.
| The court judicially knows that the par
ties acting over the state as governor aud
common school commissioners. at the end Of
the year 1861. and during the year 1862, were
acting under the authority of the state gov
ernment set up by the constitution Of 1861,
and that the same assumed to be Independent
of the government Of the United States. and
was in fact hostile to it. Neither the bill nor
answer reveal any circumstances to show
that the acts Of said defendants, in connection
with said oIlicers regarding the subject mat
ter. were in furtherance OF such hostility
The chancellor then proceeds to quote
from recent case decided by the su-
preme court of the United States Horn
VS.. Lockhart, II Wallace. PIP. $50 and
5Sl J, in which it is held that "the acts
of t ne several states in their individual
capacities, and of their different depart
ments of government, executive, judicial
and Legislative, during the war, so far as
they did not impair, or tend to impair,
the supremacy of the national authority,
or the just rights of citizens under the
constitution, are in general to be treated
as valid and binding. The existence Of
a state of insurrection and war did not
loosen the bonds of society or do away
with civil government or the regular ad
ministration of the laws. Order was to
be preserved, police regulations main
tanned, crime prosecuted. property pro-
tected, contracts enforced, marriages
celebrated, estates settled. and the trans
ter and descent ofproperty regulated pre-
cisely as in time of peace. No one that
we are aware of seriously questions the
validity of judicial or legislative acts in
The insurrectonrry states, touching these
and kindred subjects, where they were
not hostile in their purposes or mode of
enforcement, to the authority of the ma
| :.