The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-02-04
Commute
For THE MADIsoNiAN.
THE LAND SYSrEM--No. 4.
PATENTS.

For MADIsoNnN.
THE LAND sYsrEM--No. 4.
PATENTS.
Having in the previous numbers only referred to
some portions Of the endorsements under which the
Land Office laboring in 1886, and which, al
though the requisite means for THEN removal was
granted by Congress, have not been attended to, it
may be said that by DOING have not done justice to
the administration Of the office, inasmuch as the heavy
arrearage in issuing patents has BEEN in great mea
sure, overcome.
1t is not my wish or intention, by any thing which
has been, may yet be said in relation to that Office
to do injustice to any My object isto exhibit what
beieve to be the true state of of the branches
Of the office; and, therefore, although there
other internal arrangements, and branches of bust
ness which could and may yet be noticed, SHALL to
avoid such an imputation, now make few remarks in
relation to the in which the patents have been
issued.
From year to year much Importance has been at
tached the number patents which have been issued
and it is upon the amount of this description of
vice which has been performed, that much stress is
laid as showing the efficient mode in which the office
has been conducted. IT. upon examination, it shall
be apparent that the office is justly entitled to the
mendaton which is claimed for it upon this ground Of
merit would be the last who would seek to pluck
single leaf from the laurel wreath which must then
be awarded to the head Of the office for the prompt
and correct performance Of important public duty
If there is any instrument Of writing which is just
ly considered in the every day transactions of life
of more Importance than another and in relation to
which not only the Interpretation, but the very
of execution is particularly prescribed by the
laws Of all nations, it is that by which rights and in
erests in real estate intended to be affected Not
only the precise tract and the nature Of the es
tate intended to be conveyed be clearly forth by the
of proper phraseoogy, and the document be exc
cuted and acknowledged in strict conformity to law
but alteration by erasure nterlineation or other
WISE is admitted, unless it is particularly shown by the
instrument itself to have been made prior to its exc
cution and the very existence of these alterations if
important in their nature, and not thus noticed, will
vitiate the instrument whenever il is made the subject
of judicial investigation. The Importance therefore
of having his title papers carefully and correctly writ
ten, aswcll properly acknowledged is so well known
to every person. that liberal compensations are cheer
fully paid competent individuals for their attention
to these matters
II this the degree of care and importance attached
to the subject OF convey aning, when it is transaction
between individuals how much more proper and ex-
pedient would it secmto be- where the granting power
is the Government Of the country that the titles
should be executed in the specified by its laws
and that false notions of official industry or of eco
nomy should prevent those it tenders to its assicnees
from being at least neatly engrossed and as free
from all just for doubt or uncertainty as is held
necessary when the grant is mere individual trans
action
Believing that these positions will be granted by
every reasonable person. shall proceed apply
them to the patents issued from the Land Office.
1t being acknowledged that unless deed or grant is
executed in the manner required by law ii is nulity
and gives no title, the first question then that arises
is, whether the patents which have issued are auhcn
hcated In the manner required by law will ven
ture to answer this important inquiry in the negative
and, if not greatly mistaken, the question has in
fact, been answered in the same manner By the mo-
ccedngs had before the Supreme Court of one of the
States And such would also, seem to be the in,ima
ton conveyed by the resolution lately passed by the
House of Representatives, upon the motion Of Mr..
Lincoln, of Massachusetts, calling for information
upon this point.
It may be advisable at the present time instead Of
assigning the reasons which induce such reply, to
await the information called for by that resolution
and which il is supposed will be Immediately fur
nshed as 1t cannot be presumed that as the head of
the office, and lawyer by profession the Commits
sioner can be at moments loss as to the answer
which should be given to an inquiry which is in sub
stance, whether not the hundreds of thousands Of
patents which he reports he has had issued since he
came into office, are in point of fact and in the eve
OF the law, worth no more to their holders than so
many blank pieces of sheep skin More difficulty
might arise perhaps in satisfactorily answering the in
curry, why the very idea of examining this question
as to the validity of the mode of authentcatnp pa
tents would not be entertained for moment either
by him, or his law Office when it was presented for
their consideration considerable time ago
Assuming however that these patents may have
been correctly authenticated and no one would be bet
ter pleased than myself by such being the legal deci
sion, there is another inquiry connected with them
and that H. whether in all other respects thew have
been so issued as to be good and valid titles?
That upon this assumption many of the patents are
entitled TO this character is freely admitted; but while
doing So Il is also alleged that many Of them have been
carecssy and soveny cngrossed as not to be creJ
table to the office, or the government and that in too
many cases they are, from the numerous alterations
md corrections exhibited their face, utterly worth
ess as evidences of title if the same rules should be
pplicd to Them as regulate and govern the conveyan
es given by individuals.