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produced, by some of the most obvious of the various changes made in the law of this state, upon the studies and character of those who have recently succeeded, and those destined soon to succeed at the bar, a race the models for youthful imitation.

It became early apparent to the legislature of Penn sylvania, that many of the rules and proceedings of the laws of England, which were in force in the state, might be rendered more simple, intelligible, and effective; and it is not a little interesting now to observe how accurately they judged the evils, and to what an extent they anticipated the course of remedy pointed out in the elaborate view of a celebrated modern reformer of the existing evils and abuses of the law in England. The habit, however, of interfering with and altering the law, would seem, like most other habits, to increase in vigor with the growth and strength of the constitution; and unless controlled, produces the usual effect of any un. restrained habit. Accordingly, we find the legislature of Pennsylvania occupied within the last five and twenty years in altering freely the laws of the commonwealth, and acting apparently under the conviction, that to enable every man to try his own cause, to go to law cheaply, and become a member of the bar with the least possible study or qualification, was making a progress in the course of improvement of the science of law itself.

Co operating with the effects of this "omnipotent statute" are the periods of time required by the courts to be dedicated to study previous to admission to the bar. Three years diligently and faithfully employed, even under the best direction, comprise too short a period, at the age at which young men now usually commence their studies with a view to admission to the bar, to enable the student to become sufficiently acquainted with English law, the foundation upon which the superstructure of his future knowledge is to be raised. And after his admission, anxious and eager to get into bus. ness, how often do we find him wasting in ill directed desultory efforts, in causes of small importance, the va luable time which, properly employed, would still enable him, at a later period, to attain the highest distinctions of his profession. His very success is against him,

for though he may succeed for a time in inducing some of the few upon whom a well turned period, from its euphony rather than its application to the particular subject, makes an impression, to trust their interests to his care, yet time brings with it the inevitable result which is to be expected when a man undertakes a task to which he is utterly incompetent. Well would it be for him if his own eyes could be opened by his failure, and amendment be the result. But it is too difficult a labor to resume habits of regular study once abandoned, and he continues his career, kept in countenance by numerous brethren, examples of some of the pernicious effects of the system which I am endeavoring to point out to you, with the hope, at the same time, of being able also to indicate the means of preventing the operation of those effects upon yourselves. That I have not drawn an unfaithful picture of the present state of legal science in this commonwealth, I may with the greatest safety affirm before those who, as practitioners, are conversant with and deplore the fact; and with the utmost confi dence I refer him who entertains a doubt to the vol umes of Pennsylvania reports published within the last fifteen years. The cases exhibit a regular series of experiments upon the indulgence of the courts, and an anxious endeavor to establish the reign of carelessness and inattention, and their necessary attendant, ignorance, by adding judicial sanction to their own too powerful natural influence.

The most decided of the changes to which I have adverted, was that effected by the sixth section of the act of the 26th of March, 1806, entitled, "an act to regulate arbitrations and proceedings in courts of justice," by virtue of which the most ignorant pretender is placed upon a more desirable footing than the most accomplished pleader, and he who has drawn in the most slovenly and unskilful manner a declaration or a plea, is so far from being prejudiced by it, that to convince the court of his blunder may in fact secure him an advantage. The knowledge and sagacity of the opposite counsel enable him to detect and point out the defect,and it is at once amended according to his view of it, -or knowing what the probable result of the amendment may be, he quietly passes it by, for fear by the very amendment, the trial of his own cause may be postponed. Thus his adversary receives the benefit of his skill, or the advantage of an ignorance which, with such Such are the general effects, and most prominent encouragement, it would be worse than folly to over-evils to which I have deemed it proper to call your at come by a long course of painful study. Fortunately, however, this section of the statute has had the power to involve the highest tribunal in the state in such contradiction as to its true construction, that the two latest reported decisions † upon the subject, though made almost within four months of each other, are so diametri cally in opposition, that until a third case be decided by the same court, upon the argument of which both those to which I refer shall have been cited, it will hardly be possible for counsel so to conduct themselves as to reap all the benefits of ignorance and inattention.

It has produced the effect also, of causing the profession of the law to be regarded as the resting place of those who do not succeed in other pursuits of life, how ever unacquainted with the proper preparatory studies or even a common English education;-and it has more than once occurred to me to hear the sarcasm of a cele. brated writer, "that every man thinks he understands religion and politics though he never studied them, but no man undertakes to make a shoe unless he has served seven years' apprenticeship to the trade," applied as characteristic of the extreme facility with which any individual is transformed, in this state, into a practitioner of law.

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tention. The most obvious of the difficulties which they interpose to prevent the student's advancement in legal science before and after his admission to the bar, are next to be noticed. It is through the practice of the courts, and of approved forms of stating legal rights, that legal questions are rendered ripe for discussion. The science of the law is but darkly comprehended by the inquirer who has not ascertained the intimate connexion existing between its principles and the practice by which they are carried into effect; and hence, he who neglects the practical routine, is most certain of being imperfectly acquainted with the principles of his profession. A want of precision, and an absence of the unity and symmetry properly attendant upon legal proceedings, impede the progress of the student and practitioner, therefore, in the ratio in which they render the science of the law obscure and incomprehensible. The often renewed and vague discussion consequent upon a loose or imperfect set of pleadings, leads to a grievous waste of the public time, which a more techni cal mode of proceeding would permit the courts to de dicate to the purposes for which they were constituted, instead of being obliged to consume in endeavoring to control a series of legal scuffles often subversive of both law and justice.

I am desirous to be understood in a more comprehensive sense when I use the word "practice," than

* Three years if the student commence his studies previous to the age of twenty-one years, and two years if he commence after that age.

would suggest itself at first to my hearers. It is not to that ever stammered a sentence, would be more attendbe lost sight of in relation to this subject, that the pecu-ed to with a case in point, than Cicero, with all his eloliar system of Pennsylvania includes all the principles of quence, unsupported by authorities."* The few rethe English system of law, whilst it wants most of the ported cases decided by Lord Erskine prove how little peculiar means of carrying those of the principles of that he was qualified for the station of Lord Chancellor of system denominated Equity into effect. Nothing can England, with all the assistance which it is well known be understood, comparatively speaking, of Equity, by he derived from the ability and learning of Hargrave; which far the greater number of the transactions of life and one solitary caset is found in print of all the deciare judged and determined, without a proper acquaint- sions of Curran, while Master of the Rolls of Irelandance with the machinery by which its admirable princi- stronger evidence of his unfitness for that judicial staples are rendered effective-yet nothing is more com- tion than the disgust with which he accepted the office. mon than to discover, that the candidate for admission In the power of the courts, also, is the remedy of re to the bar, in a state of the courts of which it has been quiring from the bar more attention to the practical truly said, "that whoever comes into one of them, comes part of the duties of their profession; and it is a duty as well into a court of Equity as a court of Law," has they owe to themselves and the public, not to encournever thought of looking into a single treatise of Equity age and augment ignorance and carelessness, by perpractice, or pleading. He satisfies himself that there mitting amendments to be made out, of tenderness to is no occasion for any such unnecessary learning, by a the interests of a client committed to unskilful hands. recurrence to a phrase often heard from the mouths of Let it be once understood, that the client will be visitour state judges, and as often misunderstood perhaps, ed with the consequences of his counsel's error or igno"that there is no Court of Chancery in Pennsylvania;" rance, and there will be little error or ignorance to or if haply he receive an intimation that, in the Cir- complain of-the time of the courts will be amply sufficuit Court, the principles and practice are administered cient for the discharge of all their duties, and if any by a distinguished judge of Equity, who received his reason exists for an application to the highest tribunal in legal education in this city, and whose reported deci- the state,the profession will be spared the mortification sions show that those who preceded us in our career at of hearing it so often declared, upon the decision of the the bar were wiser in their generation, he proposes to case in that court, "that the record presents a tissue of remedy any deficiency when his practice in that court extravagant blunders."+ increases. I cannot suffer this occasion to pass without Thus much can be done by the courts-the other reentering a protest against this dangerous error. The medies, Gentlemen of the Law Academy, are in your own practitioner of law in this state should be deeply versed power,and rest with yourselves. They consist in an ardent in the principles and practice of Equity. Not only are zeal for the acquisition of a knowledge of the principles some of the powers and modes of proceeding, peculiar and practice of your profession-of perseverance in lato the English courts of Equity, specially delegated to bour-of an exclusive devotion to the law itself. "The our courts by the constitution, and others by different law, I am afraid, requires the whole man-admits of no acts of assembly, to say nothing of their general exer- concurrent pursuits," and demands the industry of a cise by the Orphan's Court, itself a Court of Equity, laborious, perhaps a long life. The united testimonies but such a knowledge is absolutely requisite to enable of the wisest among its professors attest its all engross him to adapt the imperfect modes of proceeding through ing nature, and their conviction, that an attention to which the judges endeavor to supply the want of a subjects without the pale of the profession is always court of Equity, to cases which the progress of society,injurious, by diverting into other channels the patience, and the increasing wealth and prosperity of the state are resolution, and energy requisite to eminence. Who is continually forcing upon the profession for considera- ignorant of the fervour by which Sir William Jones was tion. The state is surrounded, too, by sister states pos-animated-of the devotion of Fearne—of Blackstone's sessing Courts of Equity, whose proceedings and de- sacrifice of his favourite studies, commemorated by him crees are often the subject of discussion in our courts, in imperishable poetry-his last indulgence. § and present cases in which ignorance of the principles and practice of Equity would be fatal to the interests of a client, if not ruinous to the reputation of his legal adviser.

It is to be expected of me, that after having pointed out some of the defects of the present system of preparation for admission, and the tendencies and results of the loose state of practice at the bar, I would suggest the proper remedies. I do not hesitate to do so. The propriety of pointing out what is deemed evil and error, is often to be determined by the intention in so doing to assist thereby in effecting their amelioration or total removal; and however feeble the effort may be, to make it is one of the duties of the station I fill in the Academy, and a part of the great duty which every man owes to his profession. The courts only have the power to add to the length of time required to be devoted to the study of the law. It is for them to interpose their authority, and insist upon more perfect knowledge, before they suffer that sanction of qualification, admission to the bar, to mislead those who regard it as evidence of capability, and rely upon it in their choice of a guide through legal difficulties. Let me not be told that the fame of Erskine and Curran, whose periods of study were not longer than those which I wish to see increased,is an answer to this suggestion. Elevated to the highest judicial offices of the country, they added to the number of examples that prove, how little reliance is to be placed upon hasty preparation for the bar-truly has it been said by a writer to whom we are all indebt ed, "that in an English court of justice the veriest dolt

It cannot be expected that I should now point out the particular course of study, by which the student is to attain the knowledge of his future profession. The limits of an address do not permit me to do more than express my decided approbation of that recommended by Mr. Butler in his Reminiscences. Let me join also that distinguished lawyer in his protest against the general opinion, that the law is a dry and unpleasant study; such, he says, he never found it, and such, I believe with him, it has never been found by any person, who has applied himself to it with sufficient natural and acquired endowments, and a determined resolution not to be disheartened by its first difficulties

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I feel that I should omit a most material suggestion, did I not, in addition to what has been said upon the necessity of a longer period of study, urge upon you the advantage, or rather the necessity of devoting the first three years after your admission to the bar to study, and of refraining from engaging in much business. This period may be most usefully employed by the student

Mr. Maddock's Frinciples and Practice of the High Court of Chancery-close of the preface.

† Merry v. Power, Speeches of the Right Honourable John Philpot Curran, Master of the Rolls, in Ireland, p. 477, 4th Edit. Lond. 8vo, 1815.

202.

See Sweigart v. Lowmarter, 14 Serg. & Rawle, p.

"The Lawyer's Farewell to his Muse." Dodsley's Miscellanies, Vol. 4.

Part I. p. 54, N. York Edit. 1824.

"That if any person presume to buy any land of the natives, within the limits of this province and territories, without leave from the proprietaries thereof, every such bargain or purchase shall be void and of no effect. To this act there was a supplement, passed February 14th, 1729-30, (chap. 312.)

who has begun later in life, and is fully aware of the importance of uniting discipline of mind to acquired knowledge; and for him who has begun earlier life, it will correct the error of having taken upon himself the duties of an important profession proportionably too young. It may also be dedicated with the greatest advantage to acquiring modes of business, by attendance upon the courts, and observation of the course pursued in the conduct of causes by those to whom practice has given skill-to those who know the importance of experience and habit in the examination of witnesses, and the danger to be apprehended from the answer of an indiscreet question, I need not urge this suggestion-fatal consequences to the peace and safety of this prothey are well aware, that to the practitioner a want of business habits is a defect for which no learning can compensate, no talents atone.

Let me impress upon you the necessity, after you become practitioners, of bestowing the utmost care upon the pleadings and papers which you prepare. No one can hope to use with effect his knowledge of the principles of law, if he be unskilful or slovenly in the forms of it-the only medium through which its principles can be administered. Allow me also to say, that skill in this branch of your profession is not only one of the surest tests of general qualification in it; but that the saving of time which it ensures, can only be fully known by those whose attendance upon the courts shows them the result of a different course of proceeding; while at the same time the satisfaction and freedom from anxiety, which it procures, cannot be fully appreciated by those who have never endured the reproaches of a client, whose judgment has been arrested or reversed, after an arduous and expensive trial on the merits of his cause,because his counsel, notwithstanding all the assistance to be derived from the many excellent practical works upon pleading, to which he might have had recourse, negligently prepared an insufficient declaration.

Before I conclude, let me ask of you, Gentlemen of the Law Academy, a strict attendance upon the duties of the academy during the ensuing session. As preparatory exercises for a state of future professional exertion, its duties, pursued with fidelity and constancy, are to you of the utmost importance. They do not, it is true, assist directly in giving that facility of applying your knowledge to the conduct of a nisi prius cause which actual experience will hereafter supply; but they will enable you to ascertain and estimate your own progress in acquiring the principles of law; and by convincing you of the necessity of industry, order, and comparison in the preparation of your arguments upon the question to be discussed, lay the foundation of habits and acquirements the best securities of future eminence and success.

LAND TITLES.

(Continued from page 312.)

Having thus given a connected view of the Indian purchases, and some notices of the discontent occasioned by encroachments on the Indian lands; it is material to state the acts of the government, legislative and exe. cutive, to restrain these illegal proceedings, and restore harmony between the province and the Indian tribes; and finally to show their operation upon a certain class of land titles.

The proprietors professed not to sell any lands beyond the boundaries of the purchases. If surveys were made over them without their consent, they were illegal and void. To have departed from this principle would have occasioned wars of a most fatal kind to the interests of the province; and would have been a violation of the most solemn engagements with the natives. The line of duty was therefore plain, and every moral and political obligation, commanded them to pursue it.

By an act passed in 1700, (chap. 20,) it was enacted,

By an act passed February 3d, 1768, (chap. 570,) after the preamble in these words, "Whereas many dis orderly people, in violation of his majesty's proclamation, have presumed to settle upon lands not yet purchased from the Indians, to their damage and great dissatisfaction, which may be attended with dangerous and

vince," it was enacted, that if any person settled on the unpurchased lands, neglected or refused to remove from the same within thirty days after they were requir ed so to do, by persons to be appointed for that pur pose by the governor, or by his proclamation, or being so removed, should return to such settlement, or to the settlement of any other person, with or without a family, to remain and settle on such lands, or if any person, after such notice, resided and settled on such lands, every such person, so neglecting or refusing to remove, or returning to settle as aforesaid, or that should settle after the requisition or notice aforesaid, being legally convicted, was to be punished with death without benefit of clergy. But this act was not to extend to persons then, or thereafter settled on the main roads, or communications, leading through the province to Fort Pitt, with the approbation and permission of the com mander in chief of his majesty's forces, &c. or in the neighborhood of Fort Pitt, under such permission, or to a settlement made by George Croghan, deputy su perintendant of Indian affairs, and Sir William Johnson, on the Ohio, above the said fort.

And if any person or persons, singly or in companies, presumed to enter on any such unpurchased lands, to make surveys thereof, mark, or cut down trees thereon, and should be convicted thereof, was, or were to be punished by a fine of fifty pounds, and three months' imprisonment.

This act was limited to one year, and to the end of the next session of assembly. On the 17th of February, 1768, an act was passed, appropriating a sum of mo ney to be applied to removing the discontent of the Indians, &c. (chap. 571.)

And on the 18th of February, 1769, an act was pass ed, (chap. 587.) with a similar preamble, to punish by a fine of five hundred pounds, and twelve months' imprisonment, any person or persons, who singly, or in companies, should presume to settle upon any lands within the boundaries of this province, not purchased of the Indians, or who should make, or cause any survey to be made of any part thereof, or mark, or cut down any trees thereon, with design to settle or appro priate the same to his own. or to the use of any other person, &c. (Galloway's edition, page 355.)

This act, being without limitation, expired only on the extinguishment of all the Indian titles."

The reason of passing laws so highly penal, will be found in the votes of the assembly, vol. 6th, p. 7-8. The intruders who had been removed, had returned to their settlements. By the communications from Sir William Johnson, and General Gage, it appeared that there were apprehensions of an immediate rupture with the Indians; proclamations had proved to be ineffectu al, and it was earnestly required that more effectual provisions should be made for that purpose, "before it should be too late to prevent the devastations, cruelties, and effusion of blood, attendant on an Indian war, which might be experienced soon, unless active measures were adopted, for the redress of the grievances of which the Indians complained."

Indeed, so desirous was the government to prevent any cause of uneasiness with the Indians, that in April, 1760, an act was passed (chap. 456, vol. 1, p. 227, inflicting the penalty of fifty pounds, and twelve months

imprisonment, to hunt, or follow wild beasts, &c. without the limits of the lands purchased of the Indians by the proprietaries.

We have already given some account of the complaint of the Indians against the encroachments on their lands at Tulpehocken, on the lands on the Juniata, over the Kittatinny hills and in the forks of Delaware, and the manner by which they were quieted. All the different conferences and treaties with the natives are fairly entered in the council books, to which access has been had to establish facts; this part of the note will therefore be closed with a brief view of such acts on the part of the executive as have been deemed material.

A proclamation was issued July 18th, 1749, in consequence of the complaint of the Senecas, previous to the purchase of 1749, commanding all persons seated on lands not purchased of the Indians, lying westward of the blue hills, to remove therefrom; reciting, among other things, "That these persons had neither license from the proprietaries, nor color of title to said lands, and to permit them to stay there, would not only be a breach of the public faith given to the Six Nations, but may occasion dangerous quarrels with them, and be the | cause of much bloodshed." Council books, M. P. 30. At the treaty which ended in the purchase of 1749, the speaker, Canassatego, mentions that he had seen the papers, (proclamations,) ordering the people to remove in consequence of the complaints made by the Senecas, and thanked the governor for taking notice of them, and taking measures to turn them off; but, said he, we are apprehensive that no better effects will follow those, than former ones of the same nature; if not, we must insist on it, that as this is on the hunting ground of our cousins, the Nanticokes and other Indians, living on the waters of the Juniata, you use more vigorous measures, and forcibly remove them. We must not be deprived of our hunting country; and indeed it will be an hurt to you, for all we kill goes to you, and you have the profit of all the skins. We therefore repeat our earnest intreaties, that they all may be immediately made to go away with their effects, that this country may be entirely left vacant, ibid. p. 36. This was promised to be done; and some kind of force became necessary; which will produce to view a transaction ever memorable in the land history of Pennsylvania.

On the 25th of May, 1750, governor Hamilton in formed the council, that Mr. Peters the secretary, and Mr. Weiser, the Indian Interpreter, were then in Cumberland county, in order to take proper measures with the magistrates, to remove the settlers over the hills, who had presumed to stay there, notwithstanding his proclamation; and laid before them the minutes of a conference held at Mr. Croghan's, in Pennsborough township, as well as with Mr. Montour, as with some Shamokin and Conestogoe Indians. The Indians expressed themselves pleased, to see them on that occa sion; and as the council at Onondago had this matter exceedingly at heart, they desired to accompany them; but, said they, notwithstanding the care of the governor, we are afraid that this may prove like many former attempts; the people will be put off now, and come next year again; and if so, the Six Nations will no longer bear it, but do themselves justice. Then follows the report of Mr. Peters, entered at large, and also printed in the votes of assembly, vol. 4, p. 137. By which it appears, that on the 22d of May they proceeded to a place on Big Juniata, about twenty five miles from its mouth, where there were five cabins, or log houses, one possessed by William White, another by George Ca hoon, the others by men of the names of Hiddleston, Galloway, and Lycon. These men, except Lycon, were convicted by the magistrates upon view, in pursuance of the act of February 14th, 1729-30, (chap. 312,) and the cabins were burnt. A number of cabins were also burnt at Sherman's creek, and Little Juniata. On the thirtieth of May, they proceeded into the Tus

carora path, o Path valley, and burnt eleven cabins; at Aughwick, they burnt the cabin of one Carlton, and another unfinished one, and three were burnt in the big cove. The settlers, who were numerous, were recog nized to appear at the following court. The report is long, but interesting, and may be readily referred to in the printed journals. Every public document thus incontestibly proves the invalidity of settlements and surveys on the unpurchased territory. See minutes of council, Book M, p. 58 to 71.

April 18th, 1752, commission and license to Andrew Montour, to settle and reside in any place he should judge convenient and central, and to preserve the lands from being settled by others, and warn all off who had presumed to go there; and to report the names of such as settled there, that they might be prosecuted. Ibid. 151.

The proceedings at Albany in 1754, have been already transiently mentioned. One of the great objects of that treaty was to remove the discontents, and strengthen and confirm the wavering fidelity of the Six Nations; and, as is expressed by the lords of trade, "at so critical a conjuncture, to put them upon their guard against any attempts which may be made to withdraw them from his majesty's interest; and that nothing may be wanting to convince the Indians of the sincerity of our intentions, you will do well to examine into the complaints they have made of being defrauded of their lands, to take all proper and legal methods to redress their complaints, and to gratify them by reasonable purchases, or in such other matter, as you shall find most proper and agreeable to them, for such lands as have been unwarrantably taken from them, or for such other as they may have a desire to dispose of.” Ibid. 341.

The proceedings of this treaty enter deeply into the provincial history of this country, and but a small part of it is applicable to the subject of this note. The editor cannot, however, avoid remarking, that there may be traced, in considerable detail, the artful measures of persons pretending claims under Connecticut to lands within the charter bounds of Pennsylvania, and their clandestine proceedings in obtaining a deed from certain Indians for the Susquehanna lands, after the sale to Pennsylvania, and a full view, exhibited by the proprietary commissioners to them, at their own request, all the original deeds; the cause of infinite trouble and expense, the effects of which are yet painfully experienced. At this treaty, also, a plan of union among the colonies, was drawn up and adopted, to be laid before the respective colonies, on principles which have since more extensively and beneficially been carried into effect by the constitution of the United States.

Proclamations for the removal of certain settlers at Cushietunk on Delaware, February 28th, 1761, council books, S, p. 85-and September 16th, 1761, ib. 179– and June 2d, 1763, ib. 387.

The royal proclamation of 7th October, 1763, expressly prohibited any settlements on lands unpurchased from the Indians, and commanded such settlers forthwith to remove. Ib. p. 431.

Proclamation commanding settlers on unpurchased Indian lands immediately to evacuate and abandon them. Council books, T, p. 121. Dated September 23d, 1766.

On the 24th of February, 1768, a proclamation was issued by governor John Penn, which, after reciting the act of February 3d, 1768, (supra) proceeds thus. "In pursuance thereof, of the said act, I have thought proper, by the advice of the council, to issue this my proclamation, hereby giving notice to all and every such person and persons who are settled upon any lands within the boundaries of this province, not purchased of the Indians, by the proprietaries thereof, (except as in the said act is excepted,) to remove themselves and their families, off and from the said lands, on or before the first day of May next ensuing. And I do hereby

strictly charge and command such person and persons, under the pains and penalties by the said act imposed, that they do not, on any pretence whatever, remain or continue on the said lands, longer than thirty days after the said first day of May next." Council books, T, page 288.

The next matter to be considered is, how far judicial decision has strengthened and supported the principles apparent in all the foregoing proceedings.

In Plumsted's lessee v. Rudebagh, Westmoreland, May 1795, before M'Kean, C. J. and Yeates, J. MSS. Reports. Plaintiff claimed under a special order of survey to D. Franks, on the 1st of April, 1769. Surveyed in June, 1769, and followed by patent in February, 1787.

The defendant offered to prove, that his father, Christopher Rudebagh, settled on these lands in 1761, before the Indian purchase, in consequence of a military permit from colonel Boquet, which he alledged was lost by the casualty of fire; but that his uninterrupted possession until his death would be presumptive evidence thereof, and that he had made considerable improvements thereon. (Defendant had obtained a warrant for the land in December, 1784.)

This evidence was excepted to, and overruled. By the Court.-How can the parol evidence affect the present question of right? In 1761, the soil belonged to the Aborigines. Neither the act of assembly, nor the proclamation of 1768,gave the settler before the Indian purchase any title to the lands. By the act it was made highly penal either to make other settlements on the Indian lands, or not to remove from those already made.

On the opening of the Land Office,on the 3d of April, 1769, it was declared "That those who had settled plantations, especially those who had settled by permission of the commanding officers of the westward, should have a preference."What does this preference mean? Does it not suppose that an application should be made by such settlers, to the Land Office, on 3d April, 1769, or in a reasonable time, afterwards, for this favour, in order to secure their possessions? Neither old Rudebagh, nor his son, applied for any supposed preference of these lands until December, 1784, above fifteen years after the commencement of the plaintiff's title; and this will not be pretended to be in due and convenient time. To introduce witnesses to prove these improvements would, in our idea, be irrelevant to the point of right, after such great negligence. Such a measure would make the titles of lands, which should be permanent and fixed, to depend on parol evidence, and open a wide door to perjury.--Verdict for plaintiff.

So, in the lessee, of David Sherer v. Thomas M'. Farland, Westmoreland, May 1797, before Yeates and Smith, Justices, MSS. Reports. The plaintiff claimed under a warrant for 200 acres of land, including an improvement, on the waters of Sewickly, &c. dated 24th of June 1785, and a deed poll of the improvement from John Loydick to William Mount, dated 11th of January, 1775, and another deed from Mount to Sherer, dated 21st January, 1778, and he offered to prove, that one Abraham Leasure made a considerable improvement on these lands in 1768 and 1769, before the opening of the Land Office, and that John Loydick derived title under him. This evidence was objected to.

By the Court. We are no enemies to bona fide improvements, restricted without rational limits; but these were never deemed to extend beyond the lands purchased from the Indians. Such a system would be wild, as well as highly impolitic, and would tend to deluge the country in blood,by provoking the savage nations to

hostilities.

Under the law of 3d of February, 1768, all persons were interdicted from settling on the Indian lands, under the highest forfeiture known in society; and by an act of 18th of February, 1769, persons making such settlements, or making surveys, or making, or cutting

down trees with design to settle, or appropriate such lands, incur a penalty of £500, and twelve months' im prisonment. It cannot be possible, that such daring infringers of the laws,could gain any title by'unauthorized acts of trespass, against the solemn declared will of the community?

It must be admitted, that the lords of the soil had the exclusive right of disposing of their lands in their own mode. Immediately after the Indian treaty at Fort Stanwix, was closed, on the 4th November, 1768, the people were publicly notified, that improvements on the newly purchased lands should give them no advan tage whatever; and the same information was given on the opening of the Land Office. It cannot therefore be doubted, but that to obtain a title to the lands lately sold by the natives, it was absolutely necessary to apply to the Land Office in the usual and accustomed method. Such have been the uniform decisions of courts of justice, in which we fully acquiesce. To establish a contrary doctrine, would introduce insecurity of property, and every species of mischief. The testimony of fered is therefore overruled.

Defendant claimed under an application of 3d of April, 1769, a survey and patent. The plaintiff suf fered a nonsuit.

And, in Drinker's lessee, v. Hunter, Northum. berland, October, 1796, before the same judges. (MSS. Reports.) The court after argument, declared that no settlement on, or improvement of lands out of the limits of the Indian purchases, after the law of 3d of February, 1768, gave any pretensions of preemption to the parties making them, or shadow of title, nor would the court suffer evidence of such settlements or improvements to go to the jury.

And in a still stonger case, at the same court, (MSS. Reports,) in the lessee of Peter Weiser, v. Samuel Moody. The plaintiff claimed under a patent dated 7th of July, 1755, issued to Conrad Weiser, his grandfather, in consideration of his services, as interpreter to the Six Nation Indians, and of £5. It recited a warrant dated 21st of January, 1755, (which was not shewn in evidence,) and a survey thereon, of 305 acres,36 perches, and allowance made on the 9th of June, 1755.

The warrant issued in consequence of the special directions of the late proprietaries, dated the same day, It was an order in favour of Conrad Weiser and Richard Peters, for 4000 acres, in any part of the new purchase lately made of the Indians; and the deputation from Nicholas Scull, the Surveyor General, to Samuel Wei ser, was to survey for his father, a tract on Susquehanna, a small distance above the tract lately confirmed to him. This tract lay two miles from the land in question.

Nothing appeared on the face of the survey, or any of the papers produced by the plaintiff, which could have denoted, that the lands in controversy lay out of the then Indian purchase, which was admitted to be the case.

The defendant claimed under an application dated 24th of May, 1769, after the treaty at Fort Stanwix, descriptive of the disputed grounds, and a survey made thereon, on the 23d of August, 1769.

The court declared their opinion to the jury, that if the late proprietaries, or their officers, knew that the lands surveyed for Conrad Weiser, lay out of the then Indian purchases, and granted them under full know ledge thereof, the patent would enure for the benefit of the patentee, when the lands came afterwards to be purchased of the Indians; and the proprietaries could not pass the title to a stranger. It might be com pared to a person's selling lands without title, and af terwards obtaining a right thereto, where the vendor would hold in trust for the vendee.

The proprietaries enjoyed a grant from Charles II, to their ancestor William Penn; but they did not rely solely thereon. They bought the lands from the na tives, and gave them valuable considerations therefor. Herein they evinced a strong sense of moral honesty, as

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