I affirm that there is nothing in the ancient practice or in the
forms, laws, or regulations, old or new, that gives the
smallest countenance to this procedure. The fair accommodation
of the people, and the policy of the state, I agree, ought to
be consulted without regard to the interest of persons
holding public offices; but neither of these can be promoted by
this kind of brokerage in land warrant. If persons are
enabled at a small expence to procure what will serve for a
number of surveys, they set to work as many others as they can
find customers for the parts into which they split the original
warrant. It is the interest of the state to sell its vacant land:
but it has always been a matter of public policy to impose
such terms as may keep the community in a state of quiet and
security, in respect to their landed possessions, until an object
is discovered sufficient in itself, in point of value and
certainty, to attract the attention of some individual, without his
being prompted by professed discoverers to embark in the
business of surveying. A man obtaining a warrant, or what is
equivalent to a warrant, for little or nothing, is encouraged to
make an attempt in a doubtful case: He fails;¾
but his
neighbour is disturbed; and put to expence, or at least to trouble,
for which he obtains no recompense; for, the judge of the
land office, who awards costs against the litigious adversary,
cannot also decree damages. I have ventured here upon a
delicate subject, and shall not pursue it further. The
pecuniary interest of the office is, and ought to be, out of the
question; but the means of keeping intelligible, full, and
satisfactory records of the application of warrants, and of
preserving a regular channel of evidence, whereby to derive titles
from their sources, is a matter of consequence to an officer
who desires to perform faithfully and efficiently his duty to the
public; and this is rendered not merely difficult but
impracticable by the abuses that have been here described.
Agreeably, then, to the existing regulation, the propriety
and expediency of which could be shewn by a variety of
reasons not advanced here, a special warrant cannot be divided
in the office, by several distinct locations: but, it is not
certain that these warrants do not continue to be divided by the
surveyors, as an idea seems to prevail that what is
confessedly unlawful in itself may nevertheless be done by way of
experiment, and prosecuted to effect, provided that no person is
interested to question the proceeding: accordingly, an
instance might be adduced of a person's caveating a certificate
positive directions of the proprietary, and the standing rules of the office,
was to be paid before obtaining the warrant. Clerks of the old land
office, (I do not speak of the very latest period) have been openly in
partnership with great land mongers. A legitimate rule or authorised
practice is therefore not to be inferred from a few cases of any sort, in
opposition to the general practice, under the former government.
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