WRITINGS OF 5AM HOUSTON, 1838
216
limit the operation of the Boards, in granting certificates to the shortest period possible, and allow sufficient time for the transac- tion of their business,-until this is done, the information of the Commissioner General and the executive will, of course, be in- complete, and the inference and results which might otherwise be ascertained, must be suspended. If, then, modification in the law, and such other improvements as the congress may suggest shall be adopted, and sufficient time allowed to make them available and useful in practice, it is be- lieved much good may be done, and the government saved from the unpleasant office of lending its name and patent to fraudulent, unsound, or spurious claims. In the meantime, in order to avoid all appearance of preference or favor among claimants, and save the time of the land officers which would otherwise be consumed by incessant solicitations, I have thought it most advisable to suspend the issuing of any patent whatever, until a fair opportunity had been afforded the government to possess itself of all necessary information, to enable it to act understandingly in reference to this whole sub- ject. The accompanying opinion of the honorable attorney general of the Republic, given on some points of law, submitted to him in relation to the subject of signing patents, could not fail to con- firm him [the President] in his pre-existing opinions, as he con- ceived great deference is due to the learning, intelligence, and wise perceptions of that gentleman. A copy of the communication will accompany this message. 2 The subject now being presented in as fair a light as the time and opportunities of the executive will allow, it is respectfully submitted to the action of the honorable congress. Sam Houston 1Matago,-da Bulletin, June 7, 1838; "Messages of the Presidents," Cong1·es- sional Papers, Texas State Library. This message does not appear in either the Senate Journal, or the House Journal of the Texas Congress for May 4, 1838. The Journals skip the record from Thursday, May 3, to Monday, May 7. 2John Birdsall was the Attorney General at the time Houston was pre- paring this message. See note, Houston to Birdsall, February 22, 1838. The opinion concerning which he writes is as follows: "TO PRESIDENT HOUSTON: "Sir -In reply to your excellency's note, requiring my opinion, whether a jud~e of the district court can compel the commissioners of the cou~ty land boards, by mandamus, to issue certificate to persons whose claims
J I
Powered by FlippingBook