WRITINGS OF SAM HOUSTON, 1838
214
surveyed by the surveyors of each county. The North line of the County of Bexar, and the West line of San Patricio are open. It cannot be presumed that Congress expected or intended the surveyors of these counties to extend their works beyond such limits as would give a suitable and reasonable territory for these counties. If they did, ordinary providence for the public welfare would have required an explicit reservation in the Land Law, of the valuable salines of the Southern country, and the rich mines of the North. These lines, however, should be immediately closed. It would not be surprising if the Salt Lakes were already surveyed out, and I am informed that an expedition is fitting out at Bexar to explore, and probably survey the remaining region of San Saba and upper Colorado. The reservation declared and ceded to the Cherokee Indians and their associate bands by the Constitution, has not been re- spected; but on the contrary, the fields and cabins of their chiefs have been run out by our Surveyors. In the counties of Fannin and Red River, the peculiar situation in which the Government is placed in relation to the United States, renders it both in- decorous and improper for the Executive of this Government to proceed to the issuing of patents within those counties. The correspondence of the two Governments embracing this subject has been communicated to the Senate, and it is presumed it is also before your House. Under this state of things, and in view of all the difficulties which at present beset our path, many of which will correct themselves, with the lapse of a little time, I have deemed it pru- dent to suspend the consummation of any titles, believing that no great inconvenience can happen by a little delay, and that with such facilities as the Congress can furnish, many frauds would be detected, many errors rectified, and both the Govern- ment and individuals saved from future embarrassments of the most serious character. It is true, that a patent can only pass such land as .the Gov- ernment owns, and is void as against the right of individuals, previously acquired. Yet it is justly deemed the highest as- surance and most authentic source of title. However unworthily obtained, they will command the confidence of the buyers; and it is my judgment, an imperative duty which the Government owes in advance, to the bona fide purchaser, to take all measures in its power to save him from the imposition of a defective title.
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