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WRITINGS OF 5AM HOUSTON, 1838
It will be observed that under the Land Law, in its present form, when the decision of the County Board is favorable to the claim there is no means of reviewing ·or reverting the claim, but by withholding the patent. That cases would arise where the exercise of this power would become indispensible, must have been anticipated. Certificates proved by perjury, forgery, or the basest frauds, must otherwise be perfected into a patent. I should deem it but a poor discharge of my responsibility to the country upon this important subject, if I were to content myself with the mere clerical duty of affixing my signature to such patents as were presented. I regard the execution of the laws for the vested rights of property, whether private or public, when brought directly within the range of executive duty, as much a part of my consti- tutional responsibility, as the supervision of the army, the navy, or the maintenance of public order. To aid the Commissioner General in the detection of some of the impositions that may be practised upon the government, I would respectfully recommend to the Congress to amend the Land Law, so as to require the several county boards to furnish to him certified transcripts of all their transactions contained in the book of records required by the 14th section of the law, and especially the names of the original claimants, and their assignees, the date of each certificate, to whom given, the proofs upon which it was issued, and how and by whom made,-also, to require the production of the original certificate to the Com- missioner General, by all persons claiming patents, and if it has been transferred, to have such transfer authenticated in the like manner as other evidences of titles are required to be for record- ing-and whether any issued under a mandamus from a judge, and if so, how many? If the patents are to be issued to the assignee of the certificate, as would seem to be the most convenient, some mode of authen- tication of the transfer would be indispensable. The Commis- sioner General must necessarily be a stranger to most of the sig- natures that will be presented, and he is without the power of r.:i.lling witnesses, or administering oaths to test their genuine- ness. I think the boards should be prohibited from issuing duplicate certificates under any circumstances. When certificates have been actually lost or destroyed, get the claimant to make his ap- plication and showing to congress. It will be important also to
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