The Monticellonian., 1895-03-08
GOVERNORS MESSAGE.
Fuli Text of Governor Clark's Message Rel. ative to the Settlement With the
 United states.
To ih' General Asscmb'yt

~ IT. bcHt T7t ASScmD.yt
 In August 1881, congress passed an act con lefllhE upon tEe secretary of the interior and the secretary of the treasury authority to rep resent the United States in a negotiation hay Ing Tor its purpose a final adjustment Of all dlheretc c3s existing between the general gov efnment and this state in the matter of an md btcdness said to be due to the former. In les9 h legislature of this state had passed an act If H ng upon the governor plenary ower 10 represent the state in the same con nectiop.
 Shortly before he retired from office, Gov. Fishbaek visited Washington and took such steps as put in active motion such inquiries and Investigations a5 were essential to an in tcliisent understanding of the points of differ ence between the governments. The seere- taries appointed Messrs Ross and Doyle to condrct the investigation on the part of the general yernment.
 Their report Is exhaustive, and in my opinion moi only fair to the state, but shows manifest pnlp SC to give liberal recognition to every co tty asserted by this state having any tall eiblc basis to rest upon. Upon the presentation of this report to the secretaries It became necessary for these officials to confeT with the governor of this state with view Of reaching a definite basis of settlement. To facilitate this conference I visited Washington City on the 18th inst, and undertook the consideration of the matter with Secretary Smith, $ ccetary Carlisle being absent from the city. The mat ters involved were sufficiently discussed to enable me to reach result, that in my opinion was satisfactory to the state while MT. Smith indicated a willingness to adjust the matter on the tasts reached unless further conference with Mir Carlisle should cause him to modify his views about the matters involved. l am now advised that both secretaries have signed the written terms Of agreement, and that bill iatfylng the same on the art of the United States, has, by their direction, been submitted To congress, and 1t is hoped that thc same will te passed before the end of the present session.
 The matters involved i'll the settlement thus reached, are quite ancient and somewhat com- plicated so far, at least as the credits c med bJ Al lkans as are concerned, but the controversy may be briefly stated as follows:
 h. general government acquired by pur- chase in ls3s, for the use of various trust funds what are now S79S 900 face value of our bonds, and now with accrued interest accord. ing to the stat ment ot our auditor on page 162 Of hs printed rerort s2,67l ,952 20. As against this We had undisputed credits to the amount cf s358 23l.l3. To cxtinguish the large balance We maic an effort to show that ths balance was equitably extinguished by claims arising in our favor cut of the failure of the general government to patent to this state all of the lands covered by what is known as the swamp land grant Of ls50 This is the principal source Of our counter clam, although we made and were allowed considerable credits on account of fia2ticnal sixteenth sections and for lands to whien We were entitled under what Is known as the Saline land grant. These two latter items are not large We were also allowed credit ftr SOC 900, being per cent. Of cash d. rived ty the general government from the sale Of public lands in this state, as We were also credited with 5000 for use of penitentiary dur ing the late war place Of confinement for military prisoners.
 As soon as congress shall ratify the settle
 
 ments will be transmitted to me and the same will be laid before you.
 As a result of this statement, the state of Ar kansas is to receive all of her bonds and coupons except l60 bonds of Sl0o9 each, coupons being cut therefrom up to January l, 1885 and in return the state Is to release and quit-claim to the general government all claime under the swamp land grant or any other. For the sake Of making the same clear in any con roversy that may hereafter arise with any railroad company as to the title of the lands C. aimed by 10th the state and the rail road companies, an explicit reservation is in S rted in the contract saving all rights of the state in this connection.
 This settlement marks the close of a contro. versy which has been pending for more than twenty years. Its happy termlnat on now, on terms 50 satisfactory to the state and upon lines that in all respects preserve an honorable recognition Of her obligations, l. cause for con graduating the tate and of making the return of our thanks 10 these through whose efforts this state of affairs has been brought about. In this connection feel it to be my duty, as know it is my pleasure, to make grateful ac. kEoWlede meLt Of our obligations to our dele sation in congress. All haye aided greatly to sccomp1th what has now so happily reached an end,
 The part that Gov Fishback took in the mat ter must not be ignored, if full justice is to be done. Where all have done well it is fla vidious to discriminate and yet am sure that none will take orense if l say that Senator Jcnes and Mr. MeRae are entitled to special thanks. To the intelligent, persistent and in duential efoits of Mir. McRae order was brol cht out ot chaos and the matter so smpli- fed that the labor assigned to me in connec- ton with the settlement became one of com pafatiYe unimportanee. Senator Jones made himself a factor in the controversy at points where no one else could have served so well. It was our good fortune 10 have the matters of detail connected with the settlement submit. ted to Messrs Ross and Doyle. While they overlooked nothing that would be Of advantage to the side of the controversy in which they they were interested, they in every instance. accerded d to us every claim that was shown to have a just foundation, and where they were unable to grant what we demanded Tn any given instance their reasohs for so doing were of character to impress me that they were actuated by a high and liberal sense of right Hines upon which all controversies between rarties such as these ought to be adjusted. The act of 1889 conferred upon the governor plenary power to represent the state in effect ing final settlement, and it is therefore prob able that additional legislation is not required
 
 II is proper, however, that the legislative branch of the state government shall bo in- formed of its present status in order that any action that may seem to be necessary may be taken.
 In the Judgment of Senator Jones and Repre- sentatives Little and Neill, it is desirable that the general assembly shall in some formal way give it's ssent to the settlement, and trust that this may be done at once. The session Of the present congress will be brought to close on the 4th of March, now only few days of and anything that will assist our delegation in congress in securing congressional ratification should be readily and cheerfully doEe by us The settlement is one quite favorable to us, according to the belief of our entire delegation and may add, my own, and it will be quite unfortunate if for any reason ratification dur ing the pres ent session shall net be h ad. In the dying days of congressional sion haste mad confusion are the regular order and any prrttxt is sufficient to displace one measure to make room for another no more meritorious If or portunity for full discussion yet remained we would have nothing to fear but now, in ad- added the horrors of the fve-minute rule and a lurking foe in the person of the member who may by his single objection, deny unan nous consent.
 earnestly recommend that you shall at once pass joint resolution expres sing the judgment of the general assembly on the settlement If this is done will take pleasure in transmitting the same to our delegation.
 One feature of the settlement effected con- retained by the United States shah be prompt. ly paid I take it for granted that q provision coverit this item will be inserted in the ap- propriation bill.
 JAMES P. CLARK, Governor.