WRITINGS OF SAM HOUSTON, 1837
170
was looked to at the organization of the Government for protection against litigation and fraud, would then be secured ; and, as far as human prudence could effect it, the present and succeeding generations be rescued from the mischief of our unsettled, doubt- ful, and litigated state of land titles. The bill seems to me, also defective in some of its details. By referring to the 11th section, it will be seen that no time is fixed at which the receiver is to pay over the monies received by him to the Secretary of the Treasury. The bond he is required to execute is equally vague. The time set for the commencement of business before the respective boards of commissioners being the first Thursday of January next, is believed to be too short for the remote counties. Some further details seem to be necessary, to facilitate the pay- ments authorized to be made in audited claims against the Gov- ernment-many instances will occur where the holder of this species of paper will have none corresponding to the amount due upon his land. Shall the Receiver endorse the amount of dues upon the scrip, leaving it in the possession of the holder? Or shall the latter trust it to the hands of the Receiver, and forego the use of the balance due to him on it? But a more formidable objection to the bill, and one which I place second only to the omission of the constitutional requisition of sectionizing, is to be found in the 37th section, requiring the President to cause to be surveyed a sufficient quantity of land to satisfy the claims of all land scrip heretofore issued. The necessary construction of this provision is, that the Ex- ecutive shall select and cause to be surveyed, a certain quantity of public domain, viz: sufficient to fill the scrip heretofore issued. The holders of that scrip have acquired it with the expectation of selecting their lands for themselves-in such parts of the Re- public as they may choose, and not in such parts as the Executive may assign, and making their locations upon any parcels not then otherwise appropriated. The action of the Government has justified this expectation; and it is now doubtful whether we have the power to curtail the range of this privilege of selection, even if it were right to do so. But if the power exists, I am well persuaded it can never be exercised but at the expense of justice and the public faith. It would be unpleasant to me to become the special medium of carrying into effect provisions attended with such consequences.
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