State Gazette. (Austin, Tex.), Vol. 7, No. 25, Ed. 1, Saturday, February 9, 1856 Page: 2 of 4
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El
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Be
'HOUSE OF EEPBESEKIXnVES. .
TBmir'IoAer7 2655.
BELIEF OF PBE-EMPTIOXISTS ON" TIIE
RESERVATION.
Mr. Taylor moved to n-eonsidcr the vote ta-
ken an yesterday adapting the amendment 3ereI
by Mr. "Hooker of Hunt to the amendment first
onered to tie bill for the relief of the pre-emptionists
en the Mississippi and Pacific railroad
reserraixoa.
3Ir. Taylor aM : la making till motion I
do not la any way compromise iny notions of the
propriety of the adoption of that amendment I
only mate this motion Mr. Speaker to give en
opportunity to the friends of the bin to place it
in a shape that may perhaps reader it acceptable
to the House. I with it to be understood hotv-
erer I repeat thatl was cot csmpromitinr in any
manner my previoas notions u to tie correctness
oriacorrcctoefsofthemeasurestefbretbeHouie
or the amendment the adoption ot which I pro-
pose to re-consider bat am actuated i olely by the
consideration I hare stated.
Mr. Parker of Tarraat-I hope the Tote
will be re-considcred. Asd allow me here in nay
place Mr. SDeaker. to thank the gentleman from
Cherokee (Mr. Taylor) for the kindness of tho
sentiments -he hi eriocod on this occasion.
The Hooae refused to re-coasldor the vote.
The question being on the amendment offered
by Mr. Hooter providing that the provisions of
the act ihoald not extend to thoie who nettled
within the reservation since the passage of the
act known as the Mississippi and Pacific BaUroad
bill
Mr.PAJXSOXSiAid: I hope the amendment
will not prevail for tide reason among others
that iVwould be doing grost injustice to manv us-
utonons citizens.
That amendment is ingeniously drawn for the
sole pBrposo of defeating the bill before the
House. Gentlemen mirlit m .II tnnrn th n.
jeefaou of the bill as the adoption of that amend-
ment; because that amendment when adopted
by this House leaves the pre-emption settler with
juittbe right he bad before the introduction of
this LUL
I hope the amendment will not be adopted be-
cause ft caUoff the whole objectof the bill; cud
farther because it cats ofT from what they con-
ceive to bo their legal right and what I conceive
t- be their equitablo rights a part of the most
meritorious of the population of the State of
Texas.
What does tho amendment proposo T and what
is the question now before the House T The
question is whether we will tarn these people
out from house and home; because that is to ue
the result if the law as it now stands is enforced
and the law as it will stand when tho amendment
Is adopted. Aro we and is this Home by its vote
to-day about to turn out of homo and home these
settlers who as we are infpnued. and which in-
formation I believe to bo correct settled upon
that public domain without the knowledge that
they wero violating any law that at that time ex-
isted f I am informed and believe tbatsuch is
the fact I nis informed by creditable gentlemen
upon this floor that these oceipantj who have
settled upon these lands the principal portion of
them for whom relief is sought at the hands of
this Legislature by the bill under consideration
settled there before they knew of the existence
ot the Mississippi and Pacific railroad charter.
Jfow. tirit is a ruin of law well known to all
tho lawyers upon this floor and perhaps to every
other member that ihat bill taking effect from
and after the date of its passage operated upon
all persons in the State without regard to igno-
rance arising from its want of promulgation.
JSich is the rule of law ; but it u a rule of law
that I always thought iyraanical a rule of law
that I always thought too much resembled tho
edicts and decrees of that tyrant Caliguala who
caused his laws to be written in small characters
and posted too high for men to read them in or-
der to have a pretext for execnting them for dis
obedience and confiscating their fortunes.
Well tliat law took effect from and after its
passage and according to tho rule it was con-
structive notice to all the realm or to all the peo-
ple of the State. These people then in settling
upon that which they conceived to be public do-
main after the passago of that law and by the ty-
ranical rule I have stated having constructive no-
tice Imt before they had actual notice or knew
any more than tho child unborn of the existence
of such a law violated the letter of that law but
not as I contend tho higher principles of equity.
Then I say by etery principle of equity and jus-
tice we'nre bound to protect them in the occupa-
tion of this land.
We are not to presume that these men who
have settled upon these frontier lands aro lawyers
and know the exact extent of this statute or the
exact constructions it should receive. It would
be a violent presumption indeed contrary to
reason and justice. For many of the mostlearncd
lawyers in the country differ as to the construc-
tion of that as they do of all other statutes.
Many of these men then settled upon this por-
tion of tins public lands before they knew of the
existence ot tie law making the reservation and
others after tho forfeiture of the contract by
Walker and company when they believed that law
was dead. Tneydid not settle there wantonlyand
wilfully intending to violate tho law.
I am opposed to the amendment and in favor
of the bill because I believe the amendment to be
contrary to the principles of equity and justice
and contrary to the true policy which should bo
adopted and carried out not only by this State
but by every people State or country professing
republican principles and possessing an unsettled
public domain.
I oppose tho amendment and advocate the bill
because in so doing I am acting in accordance with
principles I have always entertained; in accordance
with the trvo principles of democracy taught me
by the i)ld Gamaliels of tho democratic party in
my carl'ictt youth. It is tho teaching I received
from tho hero of the Hermitact. it is the teach
ing of a Jackson of a Grundv of & White and a
Polk. And these principles the democratic party
of this nation have always advocated.
I am not Toting against the amendment and for
the bill from personal or sectional motives. I
do not know that I have any constituents who
would be benefitted by its passage or injured
by its rejection. I am confident I have not a
constituent who would bo benefitted by the pas-
sage of the MIL Perhaps there may bo'some land
speculators in my county that would rather have
their certificates located upon these lands than
to have them taken up by these settlers. But be
that as it may I am not voting for this bill because
I think it will benefit the peoplo whom I immedi-
ately represent but because I believe it just and
right
I stand here as I always stand the defender
of tint rightaof the pre-emption settler. I care
not where I find him whether in tho county of
Eusk or in the county of Bexar; whether on the
banks of the Sabine or on the bottoms of tho Bio
Grande; in the margin of the St Lawrence on the
summit of tho Rocky Mountains or in the valley
of the Columbia.
I believe Mr. Speaker that tho settler upon
the frontier does the State more good and affords
more protection to the frontier than all the hire-
Hug soldiers that the money In the United States
Treasury coald place upon that frontier to defend
IXuto on this question I repeat not from per-
sonal considerations but from principle. I vote
in accordance with a republican and a patriotic
principle and a principle advocated by the leading
rcpuuucaus nuu pauuni in CTery psrr 01 tuo
THftAM 1 ah A-A n(T lfe n h-m &Sh At- t .) A
UlUUU. X ECOH Ut 4UUIU Uk UJC UCSU OI 109 Oemi-
cratio party. And we have illustrious precedents
for the course I advocate. We have that of the
old siro of the Hermitage. Wo have that ot tko
Hero of Saa Jacinto. And if I were cot afraid of
ttms mining torever that Hero or ban Jacinto.
General Houston and blasting his prospects for
rcwutuig uio iuun nisuig ausuuanou lor toe
next Presidency I would read a resolution intro-
duced. by Mm into the Congress of the TTnih
States a few years ago in his earlier and better
cays beiere tie nan lorsaken the principles of his
youth.
As Its reading k called for I will read it if my
Know Hotting friends will promise to close their
cars. The Hero of San Jacinto as I mis min
to remark tome years ago before the meteor of
power as x uaar uaa tured mm too far from the
true path of political virtue when he stood forth
the defender of democratic and republican princi-
pleswhen the true principle of his heart emSeA
him in bis course of action before the needle of
mi tout naa ocgua to point to one single pole
star and that the Presidency power and place-
before this. I say ho introduced the resolution
whichl-wfll read and. I read it not to show that
General Houston at that day was an Anti-Know
Ifothisg but I read it because it eontaias the sen-
time of tree patriot and because itsapports
the podtlbx. that 1 cootend for to-day.
eruption but there is a clause here which takes
in the poor down trodden Irishman driven from
his native lani Yes he not only would take in the
Irishman but he takes in the Frenchman the
Hungarian the Swiss and the Pole the German
and all. Mr. Seward bad introduced a resolution
to take in the Hungarian but General Houston
did not think it comprehensive enough it did cot
embrace the Irish.
In support of that resolution General Houston
cays:
"As unanimous plans for the purpose of promo-
ting the settlement of the public lands have been
suggested and referred to tnecommitiee on Pnblic
Lnnds I may say that I think these lands could
not be better disposed of than in providing homes
for the necessitous citizens of our country and
tnoie who may come to our shores requiring
assistance. At these schetnesbave been referred
to the committee on Public Lands I have thought
this a proper time to move this resolution. I beg
that it msj be referred to that committee."
I'nrtherarguing General Houston says:
"This is a measure originating not with refer-
ence to any ulterior object further than the ac-
commodation of such persons as are really neces-
sitous in ourownconntry and not as I remarked
intending to make it a substantive resolution in its
origin but for the purpose of embracing a large
portion of our population and such as willneccs-
sarily arrive on our shores and mingle with our
population (which was the role object I had in
view ")
Still further arsuing. General Houston says :
" The policy which I have always entertained
and upon which the country acted in which I have
been situated for years past has been a policy
liberal towards emigrants liberal towards citi-
xens and in appropriating tho public domain has
acted upon the principle that an independent and
well established population is of more advantage
to the community as & rcDublic than the posses
sion of public lands that were unprofitable neither
paying usesnor coninounng 10 uiogcuctai emm
ot tho country."
And Btill further arguing in behalf of his reso-
lution he says:
"I sympa'thizc Mr. President with tho op-
pressed and ruined Hungarian whilst I despwe
the porer which has trampled him down. I regret
the unheard of cruelties that areow perpetrated
over the broad land of fair Hungary ; but ir we
have other emigrants to our country with whom
we claim the closest tics of affinity and are bound
by nature and by kindred. These people are
flocking to our shores. If wo extend to them a
welcome let us extend with that welcome real
benefits. We have millions and millions of acres
that we can give away and havcaresidum of mil-
lions more left. I looked into the statistics of
this subject sir and I would be rejoiced to know
that one half of our public domain was given
away to those who will become occupants of it
and who will cultivate it with advantage to them-
selves and to the country and in additon add to
onr imports and exports developo our resources
and increaso tho revenue of the country by the
imports upon articles of consumption."
Just so with Texas. We have millions of acres
that we can give away and still have millions
left
I wish I had the time to read the whole speech
because it is in support of the position I am now
defending but I will not detain the House.
I will answer however a few of the objections
which have been urged to this measure aud I will
state here. too. wv position because it nag been
said by somo that in advocating tho extension of
relief to tnose pre-emption settlers wno na-ve set-
tled upon tho unoccupied lands within the rsterve
that I am opposed to the Pacific Eailroad. I stand
here Mr. Speaker in favor of tho pre-emption
settler let mo find him in tho reserve or any
whcreelscand opposed to the unconditional repeal
of the Pacific Eailroad charter. I advocated that
charter before my constituents and opposed its
repeal there. The hardest argument I had to
meet was that it shut out a 'urge amount of the
public domain from the pre-emption settler. That
my doctrine would deny to many a hardy pioneer
a home on the public domain. I told my consti-
tuents then that I was as'good a friend to the pro
emption settler as any of those who opposed my
views upon this subject I told them then as
DeKnlb told Gates on the ore of the battle of
Camden time would determine who was tho
braver that time might determine who was the
friend of the pre-emption settler.
How some gentlemen's speeches upon this floor
and votes in this House will jinglo with their
speeches made belore tneir constituents is not a
problem for me to solve.
I am surprised to be told by gentlemen who
opposed this measure that it is class legisla-
tion. I have been taught from my youth to op-
pose a certain kind of class legislation. Not
of that kind which gives land to the poor im-
migrant who settles upon the frontier at tho
peril of his life his fortune and his all in order
that he may acquire a little home for himself his
wife and his littlo ones. For that class I have
always been taught to legislate if I should ever
have the right of legislation. But I opposo a
different kisd of class legislation. I oppose that
legislation which grants the benefits of the State
exclusively to monopolists; that class legislation
that makes tho rich richer and tho poor poorer.
And I am surprised to hear men talk about class
legislation who can get up hero on this floor and
by way of special relief bills and by way of bo-
nusscs to corporators dispose of the public domain
not as tho pre-emption settler asks by quarter
and half sections not even by leagues and labors
but by parallels of latitude and longitude and by
hundreds and thousands and millions of acres.
And when tho poor pre-emption settler comes
before them to ask for the little tract of 160 acres
he is living on they sny turn him out of house
and home he is a speculator. To protect him is
class legislation.
Yes sir that is one obiection thev have to
these pre-emption claimants they are specula
tors. veu x. nave neara oi speculators alt my
life but now for tho first time I have heard of
the pre-emption land speculator. I have often
heard and I have seen a little of the certificate
land speculator. But now for the first timo have
I heard the term nsed in connection with pre-
emption. where is tho speculation here Mr Speaker?
Tho pre-emptionor settles down on his 160 acres
of land. Ho becomes n tax payer; he turns tnat
which was worthless to the State into a source
of revenue What is thisland profiting the State
to-day t Not one cent Then the pre-emption
settler is profiting the State by occupying tho land.
He takes 1G0 acres. Does he pay a consideration
for itt Icontend that he not only pays a consid-
eration but tho best consideration that any State
or nation ever received for its public domain
They guard your frontier; they protect your soil;
they aro thp re to respond to tho call of their
country whenever that country is invaded and
wants their aid. Not like the land speculator
who Bits on "his sofainNow YorkorNev Orleans!
and works his wires in Texas sending despatches
to his attorney to sell or to hold on as circum-
stances maydictate tobringsuitagainsttheactual
settler or to withhold it a little longer for a com-
promise; ho is here an tho soil paying taxes to
support the government and ready todefend'the
country.
And I think sir as the hero of the Hermitage
thought and as Gen. Houston thinks that the best
disposition that can be made of its public lands
by any State or nation is to give them to actual
settlers in small quanties such as they can culti-
vate. I say then as tho hero of tlm TTprmit.
said let us give homes to our people as long as
we have lands to give let us give homes "to tho
homeless and make freeholders of our people as
long as we have an acre of land to dispose of!
But say gentlemen opposed to this measure
they will soon take up and occupy the whole pub
He domain and how then shall wo build railroads I
I say to-day if I by my vote upon this floor coold
divide tho public domain into tracts of 160
acres-if I could by that vote place an occupant
.....v..uucc11 uueoiTjiose tracts
what would I be tawlay 1 I should bo the irreat-
t.f..r - .
I
est of benefactors to the State of mmnx-
should excel all the i feats of the heathen gods of
antiquity. I should do more for Ttb .? .-
ffuenjportionofthe.confederacythan Cadmus
did for Thebes when he sowed the dragon's rusks
which sprang up legions ofarmed men. J jouh
do more for the btate ofTexas and for the Southern
portion of this Union than Hercules did for the
commercial world when he put his shoulder to
and heaved the mountain of Gibraltar asunder '
wjLUu iexasnowT With a territory four
times as large as that ofNew York sha actually
. . . ..... .umuci ui pojnc ot popu- ? -" a am entirely wining to accord the
htioa of the southern Sates What would Imake Pvilege of perfecting their titles but to thoso
I have -not time bow to run through the mei-1
sage oi ua..i&cKsoa or to reaa tae speocb.es of
EngaL White Mr. Polk and others but as I
liavc stke document handy I will read alittle from
General Houston.
In tie Stoate of the Uriied States eat the 30th
cf January JS50- Gen. Houston introduced the
following resolufiea:
Resolved Tlat the oomtnitteooaPubtio Lands
fee attracted to inquire Into the &xneiinie r
granting to each Family not a iasdholdcr or anl
owser property worts tuteea enndred dollars
"to vi ura vuiwi kbw w euBianjs irao
are now here or may arrive previously to the 4th
of March next 160 acres of land ; asd whea said
ikmSies shslltave resided on said lands so granted
-iitea-yearstjontinuottslr and shall have erected
cuiteHBgctsd cleared ten acres of ground thereon
. patent tfeaH be issuedljy the Government of the
Uwted.xrss C?e from all cost to the grantee."
Aad if ki Knee- yothincfrieads will tiromig.
sQLswt te naiflim oer oftheir ranks I will read I
her by placing a pre-emption settler to-day on
very half section of the public domain J X should
make her and not merely nominally as she is
now the empire State of the South. I should in-
crease her power four fold and with four
times e siro of Now York inj would have four
esthestrenrthofthatgreatState. She would
bo able to seodelegation to the next Congress
or the United States &at would effectively idvo!
Ron cfthe confederacy. She xicvhi i.. .. ..
SS??Sn ? F Juctonfac:
land speculators ; they have pawed into the hands
of third persons. We are told that some man has
yet his San Jacinto claim which he bs not yet
located. Now whet do I propose to do Mr.
Speaker t I -propose to give him 100 acres of
land wherevrr he may set proper to settle and
he mav locate his Sen Jacintn claim elsewhere
nnii CTW-ulai on it if be oteuM. This bill still
leaves the State with iniilkius of acres of Iand?
more than a sufficiency to discharge all thedenjanu
against her. But further with regard to the as-
sertion that this is a-scheme of speculation. Sir
with regard to this matter gentlemen indulge
in the broadest presumptions. They say A
may settle down m a tract of land to-day in a
few days he may transfer it to B. and then go and
procure another pre-emption. I say that r.rgu-
tsentix not worth v of an answer.because ihc pro
mises being false and contrary to law the conclu-
stons'are entitled to no consideration. We pro-
pose by this bill to give these pre-emption settler
ICO acre in compliance with the present pre-
emption law as it now stands which prohibits the
acquiring of more than one pre-emption by the
same person. And whenever that right once at-
tarJiAi. in okh nrcpmnlion tract it forever and
eternally precludes him from taking another pre-
emptiom When A the pre-emption settler trans-
fers biscIsimheinerelygetB pay for his improve-
ments and what has B then to do T A hat con-
ditions does the law impose upon him? He has
to step in the shoes of A and fulfill all the condi-
tions attached to the claim. And not only this ;
but when ho has performed tho conditions he has
toco before the Clerk of the County Court of the
county where the land lies and swear that ho has
done this and not only swear ho has done this
but prove it by his two compurgators by two wit-
nesses well knowu to that clerk as men of veracity
and truth. He then has to show aaceu irora -v
conveying the land to him and then that he and A
under'whom he holds have lived upon and culti-
rBf1 thn Innil for the Deriod prescribed by the
statute before he can get a certihcato irom imu
clerk which certificate he must have before he
can procure a patent. To suppose the law to be
violated in all these particulars for the purpose
nf Rnnr.nliitin!' in thnfc nmnunt oflanJ. IS indec. a
most violent presumption. It is presuming that
not only those citizens but the officers ot the gov-
ernment indulge readily iu wholesale perjury.
That is too violent a presumption to be entertain-
ed for a moment
A beautiful speculation this forB. He buys
from A pays him a full consideration for his im-
provements and then Ins to go on and comply
with nH thpKB onerous conditions before ho can
net a title to the land. A speculation rather over
the left
No sir these settlements are mado from the
honest desire of tho man who has no home to ob-
tain one. For no man who is able to buy and spec-
ulate in land ever takes a pre-emption. Ho finds
fastor means of speculation. It is the hardy pio-
neer who wishes to better his condition and get a
homo for his wife and little ones who is willing to
peril his life aud his all on your frontier. And tho
advantages tho government will derive and tho
Railroad company who may take the contract
will dcrivo from the occupation of these settlers
arc incalculable wno can uuuu a iuuuuou
through a barren wilderness 1 Tho JPacific Eail-
road I say though I am one of its strongest advo-
cates will never be built until that country is set-
tled. No sane men are going-to undertake to
construct a work of that raagnitudfi through a wil-
derness. Tho quickerwo get the country settled
tho sooner we will have tho Eailroad.
I propose n plan by which settlers will precede
them to raise provisions to support nnd maintain
them in the construction of that road and tho
roads connected with it
By givingto all the pre-emption settlers who will
settlo upon the lauds of tho State tracts of one
hundred and sixty acres each we would not di-
minish tho aggregate value of the domain of
tho State a single fsrthiDg as every one of these
little settlements will serve to increaso the value
of tho adjacent lands of tho State to more than
double what they will at preseut command
Settle the country the roads will soon follow
and your lands increase in valuo.
I am in favor of the pre-emption settler; I am
iu favor of the Pacific Railroad and of giving all
the relief and cncouragemont-rtT onr power to all
theRailroads throughout tho country. I think wo
have public domain enough to satisfy all the de
mands upon it And I say satisfy tho claims of
those pre-emption settlers hrst
Mr. Davis: I had hoped s?a consequence of
the decisive vote on yesterday in favor of tho
amendment of the gentleman from Hunt (Mr.
Hooker) that this vexed question was settled.
The vote however has been rc-considered and
tho whole matter now occupies the position it did
several days ago tho time of the House is to bo
waisted by a repetition of all that has been said
for and against tho amendment Wo arc still to
have rung in.our ears Jhe imaginary hardships
exposures and privations of the hardy pioneer;
still to listen to tho pathetic appeals of tho gen-
tleman from Tarrant (Mr. Parker;) to tho strong
indfgnation of the gentleman from Nacogdoches
(Mr. Ochiltree;) and to the cool plausible policy
of the gentleman from Colin ( Mr. Throckmor-
ton.) Tho opponents of the bill harp to a great
extent remained silent while its advocates have
enjoyed tho privilege of arranging every fact
calculated to influence the judgment of" other i
members. After a full and fair investigation of
the original bill ana the proposed amendment
the latter was adopted. As this matter is again
brought before tho House I shall give my views
fully.
I'am opposed to tho original bill but with the
amendment I will vote for it. I have ever been
tho advocate of giving pre-emption privileges to
our citizens. I believe that the homes acquired
under our pre-emption laws is tho most right-
eous disposition of that amount of our public
domain tnat nas ever ueen made.
Had I been a member of tho Leuislatuxeet.tho
time I should have opposed tho repeal or altera- j
tion ot the law ot AB4&. l am now willing to
alter the existing law so as to giro to settlers 320
instead of 160 acres.
I have disclosed my feelings upon this subject
in order to disprove tho charge that all the op-
ponents of the original bill are opposed to the in-
terest of the settlers.
Iannotposs by unnoticed tho extraneous and
unfair means resortedtoby the friends of this bill
in order to force it through.
A clamoris raised against speculators. Every
ono who has over saved enough to purchase a cer-
tificate or to speculate in lands has been tho
object of unqualified denunciation by the advocates
of this measure.
The speculator who never asks for oxtraor
dinury privileges who relies upon his netjvo
talent and energy for a support more than he does
upon the bounty of government who never vio-
lates the law with tho expectation that his crimes
will be expiated by tho ttars of legislators by
buncombe speeches interlarded with disgusting
bombast and by munificent presents has been
without provocation arraigned before this House ;
as an gbject of calumny and detraction.
The means ikus resorted to by the advocates
of this bill are as unfair as the facts they assert
are unfounded.
Speculators as a class arc as honorablo and
generous as their denunciators here or those who
claim the benefits to be secured by this bill.
They have asked for no privileges here and-svLy
this nauseating cant?
The disposition to speculate is one of tho pro-
mipent characteristics cf the American people.
It is a field that aous33 and invites the enter-
prize of nil classes of our citizens. We are in-
deed anation of spculstors. This is nttrihniM
to the feet that our laws extend to all' equal privi-
leges. '
I havo never known a man refuse to anomUta ''
in th a vtTtisjthaBA ? aiiln . . 1.!.3
if ? yiri ireBcniea itseii. And here
Mr. Speaker I might propound a pertinent inter-
rogatory to some speculators on this floor who
have been the most clamorous assailants of other
speculators. v nat motive prompts them to
malign tho vocation in which they themselves
labor 1 I leave it to them to answer tho question
if they think proper.
I Will nOW notice a.R hripfll m. nnM. .
i- it - - v . t""""D "iu
menis oi uio original niu and tho proposed
amendment
The object of the formers to give pre-emption
privileges to all who are settled within the Paci-
fic Reserve whether they settled there before or
iuw iuo warier was granted. To those who
went there previous to the time whea that law
j enough there in sword to rum the scale of powt
win favorf ths South andcommandthe sK-
1 est Ruarsnbesaf Southern TKif.
guaranties af Southern Eights.
Spourlanas
to iraijd Hailroads wjth. I am in favor r .iZT
ftm-TlMtfto Reread CpiCwi
plenty to supply both object. Tt L .e 4
tooKctiect I am entirely wining to accofd 'the J
wMwent there subsequently I am not
tmK? ICTV yViB' fiIr- Throckmor-
SSftil mae-tens Tthe settlers who
Slirt Tiu $erePre! the passage or
Ac'- h' lpnOT.t merely thVnnfmnn'
oi mas gentleman and could I have heliyiFtf
correct Ishould have less objeefedto 7hK
The rentleman fmm T "? ?? t? W-
curs with that gentleman olso.n tw rt?5coni
advocate's oHMim " TOUl th the
in thn ampndmpnt nmuiJi . .. ruccurred
r-xfcu jiEjn tn&t
taowleosmentor rights fr to months the 7tofo$ 5t
GjdanJthe Hales of ihat boay.Matouol "d witiio he amendment the bin Si tlor
the Gardner ih vn.n .-a t.irl;Q!iax.eii i. ue cul csanofb .
their midnigbWcrs. She would have stren Jh
"31
Of Ulft flnffVl jP
VLIfV
ecsioalArr.
It is mv oninion fatnise-iflnfh.
V-- .. :. -its..! J7"-.
-ofcuucnici.o mcemeay.ioo.cSct- n.l k?
they did so with a fnll trrlo. ?-"AV (rU ttuft
In behalf of the satilcrs. th .?; V"
Eusk (Mr. Parsons) ha pWifflTwee ThT
though not a legal defend MZnl&
the offence.
i the oecansnt i.aT St . "Ul
wr imnjwn.nLTirTJr "&" more to-
ofw C "JStt ttfjonations
TTrfVrwV' wFP&sea
some portk&s f fcU argtiisejit iu support of that I doing inj
StJ0
a.j w iy-vtopre.itoM.iiraoa oi tcese rertifieatea are ir-wi.. I a
J "" -"J 2
(of land certificaies.
can believe that any man in ! "IlL
wasicnonot ofSmat nn : .:7 r"vj
333(L-y wKSE
SK fA e8- K hill tneasureo tht vai catwsQSgl
jusfara to the adders onana erw hvMiatroduced Into the Ir?El.tr S
iatrodujjed mto the Lislatiirc
The pleaof -of jgnprance ia this case w
i-solirary fact to susiainli;fs noYaraiiabie..
?uts5a
eioMiit
itSont.
W
When this great Pacific road was first talked
of it was acreed on all sides to be a national
measure and whea it was determined that this
road should treaverse Texan soil from East to
AVest I was proud of her prospective grcatns-js.
A desire to enhance the prosperity of her people
and the glory of our noble State induced the
Legislature to grant that charter with the
Ueserve. The latter was deemed essential to its
success In consideration of the great benefits
to be derived socially politically and pecuniarily
from this measure I have ever been its devoted
tnt nnd am now opposed f o the repeal of
the charter or the reserve except that portion of
it laying east of the '.trinity xno reason insi
influences nie to favor the repeal of that portion
?; t..-i.rnarn only as I have been informed.
between two and three hundred thousand acres of
public domain in &"" " m " ciu
bodies as not to be available to any Company un-
lerh-Vin"-to construct the TOsd.
Ab a friend then to the construction-of the
Pacific road and believing the reserved land es-
sential to its construction through our State I
am opposed to its invasion by speculators if you
pleaie.by pioneers; or any other class of our
citizens. If ihc bill becomes s law as it now
stands I shall regard it not only a death knoU
to th reserve bur also to the charter.
It is strange but true that the friends of the
bill under discussion are composed of the friends
and enemies of the Pacific charter. While the
former declare that their only object is to secure
to the settlers the lands they have asksd for the
latter go further and boldly declare that they are
prompted as much by desire to kill off the char-
ter as to benefit settlers.
If the bill becomes a law without the amend-
mentproposed.tho enemies of the Pacific dar-
ter will haveaccomplishcd their object and some
of the friends of it must shoulder thb responsibili-
ty of having aided in its destruction.
If immigrants to our State qould not havo found
an ample public domain from which to select
them a home they would have been more ex-
cusable for invodintr the reserve. But sir they
had tho privilege of selecting from untold mil
lions beyond its limits ootn norm anu somn.
If this bill ismado a law I shall unite in tho
support of a repeal of the Pacific charter. For
this resolve I have as I think the best reason.
I shall never civo by mv vote or influence exclu
sive privileges to any one nnd if the privilege of
selecting a homo in theEeserve is given to one I
shall cast my voto to extend it to every citizen m
this State.
I will mention another fact which soems to
have escaped the attention of thoso who havo
discussed this subject; it is that a large mojority
of thoso who are to be relioved by this bill havo
immigrated within tho last two years and some
of them I have learned aro from abolition Il-
linois. Although I make no war upon the set-
tlers as upright men still I think they aro not
entitled to privileges beyond tho older citizens of
tho State though many of thom are esteemed
speculators.
jSlr. apeaKer tnq terms pioneer nna pre-emp-tioner
are deemed synonymous by the advocates
of the bill. A pioneer is not a pre-emptioner and
rise versa. Tho pioneer is one who goes ahead
of the normoneiitsettlements always westward
actuated not more from a desire to cultivate tho
soil than from a passion for hardy and perilous
adventure. He has even bared his breast to the
Bhafts of the lawless and murderous savage; his
stout arm has ever been raised in defence of wo-
men and children. Ho is confined to no particu-
lar spot hut betakes himself wherever his brave
and manly spirit can encounter the common ene-
mies of his race.
Tho life of tho pre-emptioner is essentially dif-
ferent He secures him a homo under tho law
and feels that ho is permanent or nt least as much
so as any of our migratory nation of people. His
object is the cultivation of his little home and ho
is fouud as well in a dense as a sparse population
and oftener in both than on tho extreme frontier.
I havo pointed out what I conceive to he tho
essential difference between the two classes not
for tho purpose of disparaging either but for tho
benefit of thoso who havo failed to perceive this
difference. i
Mr. Speaker I m opposed to this bill because
if it becomes a law it will prove tho destruction
of the Pacific charter.
I am opposed to it because thesa mea have set-
tied there in open violation of jaw and X sm op-
posed to rewarding any such act
1 au opposed to it becauso it gives extraordina-
ry privileges to a few when if it is proper to grant
it to one those same privileges should be extended
to all.
Mr. Parsons said: IiJ remark Mr. Speak-
er in addition to what I havo said jn relation to
the notice to the settlers of tho exisiema of the
railroad act that oven by the tyranical rule of law
to which I have alluded we could not charge these
settlers with constructive notice of the existence
of this law before they hod actual notice or at
least before they had sufficient time by due dili
gence to ascertain tnat suen law existed tor this
act (though it perhaps may be considered public
iu its nature; was printed and published among
the private acts of that legislature which printed
acts do not carry with them constructive notice
of their existence not even by this rule which I
havo compared to tho hidden laws and edicts of
Caligula the Tyrant
Mr. Smith of Harris The countv which I
havo fhc honor in part to represent is situated
near thoj4board in the lower country and at tho
first blusli jt might be supposed that my constitu-
ents have no very great interest Iji the matter now
bpforo tho House. But I do not so conceive it
In everything that concerns right in everything
tnat coucerns iue prusiieruy vi uiu cuizens ui
-Texas whether living upon the seaboard or upon
tho frontier my citizens aro interested aud I as
their representative feel bound to carry out their
wishes express their opinions and defend them
upon this floor.
I think tho gentleman who has just taken his
seat (Mr. Davis) has not acted with his accus-
tomed prudence or with the skill he has acquired
by a long course of advocacy in the courts of jus-
IICO IU UIU UlUjjS W lllif yiivnu UUbUgUIUBIi IUD
distinguished chairman of t&o Committee of Inter-
nal Improvements (Mr. Throckmorton) tho gifted
eentleinau from Nacogdoches (Mr. Ochiltree)
and the old war-horse the warm blood of whose
family has watered tho soil Texcs (Mr. Parker
ofTarrant.) I Clink it was not prudent. Ithink
the impression made on the members of this
House and on the cquntryby the allusion to these
gentlemon will be that a measure warmly advo-
cated by them has a strong presumption in its fa-
vor. And'in the' snort argument I shall make in
tho discussion of this qupstion J .jhall adopt and
rely upon tho statements' of facts made by tho gen
tlemen referred fo. Although those statements 1
hare been after a fashion contradicted I do not
undereianiL and I do not think the House under-
stands that tho substantive acts alleged by those
fentlemcn have been in any degree controverted
have to say to tho gentleman from Smith (Mr.
Davisl that I recard his word as c'obd as that of
any gentleman upon this floor and would as fully j
accota mm myeuure ueuei inn ujuuer wnerc mi
information was as extensive as theirs and his op
portunities tor knowing the lacts as good as thoso
o the gentlemen who baye made those statements.
Mr j3 avis : I sojd 'J had just as much right to
form my ' opinion as any man'up.on this floor.
Mr. SMITH of Harris said: I have npr Mr.
Speaker called in question nor would I question
tho high honor the personal integrity the chival-
rous feeling and overy other noble foeling that
adores my friend on the rtcht It was merely a
question as to tho opportunity he has enjoyed of
acquiring correct luiormauon in regard to settle-
ments made by pre-emptioners within tho limits of
tho Pacific Reserve. After this interruption occa-
sioned by the misapprehension of the gentleman 1
retura to tho subject before us.
xao maionivoiinesc pre-emotioners were set
tled upon this ro8ervp preyious tp thp passage of
tho law prohibiting seftleme'iis fidm bcing.raode
That substantive fact has not yet been contro-
verted and tho apparent contradiction of it has
been only apparent. I have not understood tho
gentleman from Smith himself to intend to con-
tradict the substantive fact which lies at the bot-
tom of this matter that these nre-ernDtionists. or
a large majority of them were settled thero pre-
viously to the reservation of that section of the
country from settlement by the act of the Legis-
lature. '
These pre-emptionists have thereby acquired
rights and it is the bounden duty of the Legisla-
lature of Texas by the issuance of patents to
iuiulu wjeir uue iuu ana complete to the lands to
which in Instice and eouitv. thev am ontiHpd
and to whicfc they have a parfsct right in all re-
spects except iaterriforiaj Jegal forms.
I wUl take the facta to ba'ss flUeged by some
gentlemen on this floor thata pdrtion or these
claimants did settle there after the resan-Rtion of
the country from settlement And.Mr. Speaker
I may he jjermttedhere and I think I can with-
out impropriety state a fact I ones witnessed as
illustrative of the position of the old pre-emptionists
aedtteew pre-empffonisfs so to caU them
roa one side aultte jState on the other.in this mat-
ter. - - t
I was going Info a circus in the old Sieto ofj
ionn uaroiina wnen i saw m irons ot me a gen-
tleman going in with his family a good old fash-
ioned north-Fpnileman he was. with his wife and
"his chOdren and twice tho number of grand-chil-
"tu aji laarcomg oiung ueuiuu .uiiu. ne paiu
hJssrar honestly and went in. I saw just then
sonfiJUUera bpja standing near the entrance
SliiJW AtthirnniSpi't.niiAnf tlipm fnn!r.n'rw!!r
and slipped in wuppgatitie party 'ofiEe' old gen-J
.. .. ...uEuiucruiuetdiiQaitenne manner
of such boys eaHea. the attention of the door-
keeper. -
"Oh! MutetJ there's .ni'alle getting in
iThsdopr:feeejrJirned1arpundlandJepliedrto
tho envious urchin: r " T"t -
"You need'nt bo a hollering. I see Bill WaUer
but I'm not going to disturb those honest gentle
meu and ladies to get him ont They have a right
to go ia and so has Bill Wafler too if I have a
mind to let him. So hush V
If Mr. Speaker in order to exclude a smaU
fraction yoa insist on establishing a distinction
between those who settled there previously and
thosa who settle! there subsequently to the pas-
sage of tho law exempting the reserve from loca-
tios.you make a decision that may be fraught with
impartial consequences. You impose on every
pre-emptioulst the necessity of making proof that
he did settle there before the reservation of that por-
tion of the publicdomain. And where are the proofs
to bstnade? Mostlawyers would sayin the courts
of justice. And every Loncst pre-emptionist who
settled there previously to the passage of the act
will be obliged to go into a court of justice and
prore that he was there before that time. The
effect will be toimposoupon every log cabin with-
in that reservation a law suit to hang over pre-
emptionists. however honest he may Be even in
tkejupinionof the opponents of the bill to hang
over his head I say a law suit; and his cow and
calves may have to goto the payment of the attor-
ney that Khali mm ta'm his honest claim. It is a
law suit you are legislating upon the heads of
these pro-emptors nine tenths ot whom as assert-
ed here and not yet disproved aro honestly and
legally entitled to their homesteads I trust this
House will pause before they adopt a measure so
fraught with mischief and oppression.
And now Mr. Speaker 1 will take up the caso
of thoso who came iu subsequently; and boldly
and fearlessly here I defend them. I will admit
if gentlemen insist particularly that they are
wrong doers. The question however is not sim-
ply between the State and the pre-emptioners as
oxtortious enterers ou tho reserved lands there
are other parties who however studiously they
endeavor to conceal themselves are among tho
most active opponents o'the prc-emptors nnd
most clamorous for the rights of the State. These
parties are the land speculators wrong-doers of
unnnstakeaDie stripe wiiobu operations are on a
far more magnificent scale of rascality than has
ever been attributed to tne pre-emptioners.
It is a fact well known to half the gentlemen on
this floor that over every foot of good land in the
reserve there is hanging a certificate ready to bo
clapped down upon it the moment tho reservation
shall be repealed a measure confidently looked
for and somewhat sileutly but pertinaciously ad-
vocated around this capitol. Theso certificates
belong to land speculators who will withhold these
lands from improvement aud beneficial occupancy
who figuratively speaking will lock them up
in their strong-boxes to be gold nt some future
day at enoimous profits. The entire reservation
is covered in this way. The gentleman from
Smith. (Mr. Davis) has stated that he owns land
script which he would like to locate and he is
willing if I understand him for all the good land
to bo taken up by the pre-emptioners before he
can get a chance. I felicitate him on the posses-
sion of bin laud script and trust he may obtain
good locations for I nm somewhat like Mr. Tem-
ple in the novel he had a profound respect for
propriety. But sir as fir hjs chance in the re-
servation I defy him sir to locate a singje piece
of script then now or hereafter unless ho has
made already his arrangements or has an under-
standing with the parties who have mado arrange-
ments. No sir he has no phanco there. The
horses as you have been told stand rpady saddled
in thOBtables or this city to convey tho first infor-
mation of the repeal of the reserve to the specula-
tors who have their certificates haneinc over those
lands.
What then are wo called on to do by the op-
Sonents of this bill 1 We are called on sir to
ecido against the pre-emptioner who has settled
upon a little tract of land cultivates it and makes
the wilderness blossom Jike the rose to drive him
from his home in favor of s apt of big-bellied spe-
culators residing in many instances abroad who
would lock up all theso lands from beneficial oc-
cupancy and settlement. No sir I am in favor of
no such legislation I am in favor of the actual
settler. I voto for the men who work the soil.
The State has full power to grnpt the lands in tho
reserve to the actual settlers on easy terms and
without detriment to the rights of any body what-
ever. I think the present case a proper one for
the exercise of this power. The subject before
us Mr. Speaker the validating of locations made
by these pre-emptors has an important connection
with internal improvements for tho promotion of
which the district of country in question has been
expressly reserved by the Mississippi nnd Pacific
railroad act
I do not propose to discuss this pultic at length.
I will Bimply state that allowing tho reserved dis-
trict to bo settled up by perssns actually and ho-
nestly cultivating the soil you will do immeasura-
bly more towards building railroads and develop
ing tho resources ot that sectiou than you would
criect'if every foot of that portion of the public
domain wero held up as a wilderness aud com-
pletely reserved from occupancy and cultivation.
And 1 am here reminded that the citizens of my
own county have some interest in this matter.
Tho merchants of tho great commercial empori-
um tho city of Housfon. are interested in this
matter: for sir tjieir commerce pxtpnds oiento
this remote district numerous wagojis transport
the produce of tho reserved district to Houston
and carryback tho merehanize which is there con-
sumed. And when our Houston and Eed River
railroad shall be complete! fifty miles as it will
be in less than twelve months then sir wo shall
do all tho trade and business of these calumniated
pre-emptors and their commerce will find its out-
let through tho parts of our own State as it ought
to do. Nor sir will intornal improvement enter-
prises Joso any of the means of encouragement
which we possess in our public domain by the
settlements of pre-emptions: for tnb lands that
lie beyond theso settlements will by their prox-
imity to them acquire all the market value at
least which tho custom portions of the reservo
have hitherto possessed.
Before concluding Mr. Speakor I will take
anothor view of this matter one thot comes home
to the vital interests of this great State. I will
suppose what I nevertheless believe to be im
possible that you can by legislation retain this
region known as tho "reserve" in tho state of
willdernessjfor several years that you can establish
a broad beljr of country 140 miles in width be-
tween the northern part and rhe Boqtbern part of
Texas exempted from settlement excluded re-
served from occupancy. But sir cultivation ha-
bitations homes sweep along between its north
em line and the Red river ; tho same thing goes
on along the southern border of your wilderness
tho wave of human beings will be still wending
westward. What will tuen be the most promi-
nent face the full success of your legislation
would be almost utter ruin. Sir the opponents
of this biir would then Imve established two popu-
lations two communities dissevered in feeling
distinct in interest. And from what I have seon
and what I know we shall there be nursing a free
State a population that will domand to be erect-
ed into a free State on our borders. And they
will demand it if right under the annexation arti-
cles. Or if notneradventuro a seuarafe State wo
shall havo what is even worse a body of abolition-
ists cut off from 'us geographically cut off from us
in interest and feeling by this wilderness of 140
miles. Gentlemen you who justly deem it of in-
finite moment to preserve Texas as a slave-holding
State and tho great tower of strength in the
South-west will you put tTio knife to your own
throats? I appeal to' you gpptlepien from the
low country. I ask you planters on the Capey
Colorado and Brazos are you willing to establish
on the upper Eed Elver a population separate
from the rest of Tcxag hostile to the institution
which is indispensable to the prosperity of your
part of the country J for without slavery these
southern river districts which I have named
would not be worth the long-legged birds that fly
over them. Let us pause before we madly sui-
cidally reject this bill.
I know that in the eyes of some legal gentle-
men these pre-emptors or rather a small portion
(of them are trespassers; but sir thoy are tres
poration's rights.
Tho State owns the vacant domain in the re"-
serve; the State is the creat and beneficent pa
rent of all its citizens ; we the Legislature are
servants to exercise its powers to carry out its
will : let our legislative action be done in kind
ness and wisdom: let us validate the titles of
tho pre-emptors to their homes. I sir shall voto
for the original bill as reported by the committee.
SENATE.
Satdrday Dec. 8
INVESTIGATION OF LAND TITLES.
The President announced that tho Senate had J
under consideration at the time of its adjourn-
ment on yesterday a Bill to provide for the inves-
tigation of land titles in certain counties. The
question pending was on tho amendment offered
by the Senator Irom Busk (Mr. Flonagan) propo-
sing to add the county of Wood to those already
mentioned in the bill.
The question being put the amendment was
adopted.
Mr. Tayxor. of Houston said : I move to
amend thebiU by adding the counties of Hender
son and Houston Adopted.
Mr Millica; said: I move to amend tho
bill by adding the cou'nties'comprched in the twenty-first
Senatorial District comprising the conn-
ties ot Leon Eobertson Urazonfl and .uuneson.
The nmendmentwas adopted.
Mr.MiRTlX said: I move to amend by adding
the counties of Henderson Navarro Freestone
and Hill adopted.
Mr. pACMEtt said: I wish to offer the foUow-
ing'araeu&nent jo cfima in at tho end of section
3rd '-'Provided ihat'safiluugnjeni sbH be final
between the parties dlaung.under such" titles so
investigated and the Staterbut shall not affeefctho
vested rights; of third persons claiming under bet-j
ter titles." ... k .
"Mr. Flaxagav said: It appears to me sir
that that amendment is precisely the same in ef-
fect as one the Senate rejected on yesterday.
Mr. Palmer said: No sir.it is not I will
explain. The amendment I offered oa yesterday
provided that the judgment of the court should bo
final between the party and the State without
mentioning third parties at alL
Mr.TAYLoa ofCass: It appears to me tir.
that we should endsavor to secure justice to all
parties in this bill. If I understand the amend-
ment properly there can be but little harm but
much justice in it It is requiring your eleven
league claimant to prove up his title to his claim
in the District Courts of the county. Is it not
right that he should be allowed to use his title in
evidence in litigation with third parties until that
title shall have been declared fraudulent by the
decision of the courts of the county 1 It appears
to me that it should. lean see no injustice arising
from such privilege. The amendment goes a lit-
tle too far however; if it makes no reference to
third parties I should be entirely in favor of it.
Mr. Palmer said : I shall have no objection
in the world to striking out that portion of the
amendment to which the Senator from Cass ob-
jects. Mr. White said : Before the amendment is
made I desire to ask the Senator from Harris.
fMr. Palmer one question. What will be the
situation of the locator who locates on a tract of
land within the land held by the eleven league
claimant with whit he may think to be a good
certificate resides on it three four or five years
and it is afterwards found not to be genuine ' The
answer tu that question will determine my vote
ou the amendment
Mr. Palmer said : I will state precisely what
I understand his condition would be ; I understand
that the statute would run in his favor from the
timo the location to bis place until final judgment
shall have been pronounced. It dops so
now. W'hile these titles are undergoing investi-
gation the statue of limitation runs in favor of the
locator.
Mr. White said: My own opinion of the ope-
ration of the law is that it operates differently;
at least I entertain a doubt whether it would op-
erate as the gentleman from Harris supposes it
would Tho land locator would be locating on
land which hp had no right to locnto aid he w onld
acquire no riht to such Jocation by virtue of the
location itselt ; and I do not think t'hahia residing
there two three or five years would give him any
right to such location. I think that would be the
operation of tJu jSK-
Mr. Armstrong saldc-rrlt Is a principle lone
estalishod that no party is bound by pr jn any
manner precluded by any judgment or pthor ju-
dicial proceeding to which ho is not a party. This
section does not propose to interfero with the
rights of persons not parties to tho judicial Inves-
tigation nnd confirmation. It only nrovides that
no title for nn eleven league claim shall hereafter
be admitted Jq evidence unless such title paper bo
first con&rmei by a judgment of the District
Court of the county wfrero the land or the greater
part thereof lies.
I say this section is to force the holders of that
class of claims to submit them to investigation and
determination. If we nmend this section in the
manner proposed by tho senator from Harris (Mi.
Palmer) and as advocated by the senator from
Galveston (Mrf Potter) wo will entirely defeat the
object of the bill. The bill wijl then contain no-
thing which would compel the holders of spch
titles to even show them where they coujd be
fairly examined nnd passed upon. The object de;
sired by the advocates of iuvestigation'would he
neutralized defeated : and thn failure nf thin nh.
ject would be construed as o legislative sanption
of a class of titles which are generally regarded
with suspicion.
This section as it stands will orrr an investi-
gation. If you pass a law which does not force
their investigation thoso titles will never be fairly
tested. The decisions of the Supreme Court ope-
rate boos to give an advantage to the holder of tho
eleyen-leaguo claim. &s these decisions stand
tho eleven-league Jocator can invoke the name of
tho State to protect his title against n full exa-
mination ; while the citizen soldier or other law-
ful claimant adverse thereto is estopped from
availing himself of the name of the State to com-
plete examination of tho merits of the casp. The
court refusing to hear objections to the eleven
league title has the effect of making genuine that
wnicn wouia do iiupurieut un a mil investigation.
Partial investigations are odious to a freo people
to republican government In all matters of con-
troversy the whole truth should be exposed iu
any way connected with the matters in issue. To
remedy this evil is the object of this bill. I act
on tho presumption that there are existing many
impeneci ami vom uuv ij; f jus country anu ma-
ny continually appearing 'anil being spread over
the fairest portions of our bsautiful country; and
there will bo no end to their introduction with-
out some legislative reliof. We ask for Un impar-
tial investigation of these claims in the courts of
the country. Who i afraid to havo his title in-
vestigated? I answer he only who has a claim
which is doubtful. Tho old colonist who had only
received jiis .order of surrpybefpro tho revolution
never objected "to tho surrender "of hi? order of
survey to the Board of Commissioners created by
the act of 1837 and mako new proof of his claim
before said Board tho proof required by said act.
The burthen of additional proof was placed on
him and ho did not complain. As a good citizen
the actual resident and defender of bis country
sought no advantage; but readily complied with
tho jaw however hard it might'be. His claim
was again subjected to an ex parte investigation
by tho Board of Laud Commissioners created bv
the act of 1840. Under tho act of 1837 he had
the right of appeal if the Board decided against
him when the whole case was to bo rapproved a
heavy burthen imposed upon him to get his bend-right-thp
land he had fought for. The act of
1840 brought tho head-right claimant to the ne-
cessity of depending upon' the Board cr'eated by
said act; and if his claim stood the teat and was
recommended as genuine he then wasrcqiiired by
another law passed in 1840 to hnvo the certificate
of the county clerk that hiB claim was so recom-
mended before he could obtain his head-right
claim it tho juoard created by the act of 1840
did not recommend the claim as genuine ho had
tho right to carry his caso 'to the courts making
additional proof at every investigation before the
courts and of this benefit ho was barred in a cer-
tain time by limitation by which many a just
claim has never bpen ohtained: but the citizens
did not complain. Tho first cjasa claims of this
description and second and third class headlights
havo all been subjected to tho necessity of being
completely established. The conditions all to be
complied with : no failure allowed to all condi-
tional grants to colonists Why should the eleven
league claimants be permitted to hold titles with-
out an inspection thereof at the cost of tho party
interested as in the other cases referred to 7
Beforp concluding on this question I will refer
the opponents ot this bill to these several acts
nnd they will seo whot was required of the colon-
ists of these classes ; and notwithstanding the co-
lonists claim passed the investigation favorably.
as provided for by the act of 1840 still under eaid
act the Commissioner of the General Land Office
had the power to reject the claim leaving no re-
course to the heatLright claimant
Mr. Flanagan: I have heard much on this
subject yet I cannot say 1 fully understand its
practical operations ; but of one thing I am cer-
tain; if this bill is intended to quiet land titles and
that I understand is its objects then the amend
ment is not a good one. That is my view of the
subject I dp npt stop to enquire into the mo-
tives of any member dp this flDor: I take it for
granted that they are all pure and above suspi
cion ; but we do not all see alike. It is true sir
when parties ongage in litigation concprcing their
titles that the adjudication shall be final between
themselves; but the amendment does not cos-
template that that shall be a final disposition in
the matter. The State is brought here to figure
conspicuously I have no fear of the State how.
ever. Tho State would never do any thing to tho
great detriment of the occupant. If she ounted
him from one situation she would give him as
much elsewhere; and thus she has acted and will
continpp to act : but. sir when a suit is depend-
ing in any court jn the State Ipt all parties come
forwardand by intervening assert thoir rix hts ; and
if any fail to do so let him suffer for his laches :
for assuredly it is wholesome legislation to bring
land titles to a tinal close at the earnest possible
period. As the law now exists no man can say
be owns any land notwithstanding he has occu-
pied it for many years cither by purchase or
otherwise ; for the first thing known to the occu-
pant he is sued by some eleven-league claimant
and tho batteries of all 3Iexico turned looao on
him ; and old musty documents come to light that
have been sleeping in the cellars nnd garrets for
lo these many years. I desire to seo the occu-
pant protected in his home and to let him know
mat no m me uu.
Hr. Taylor of Cass said: It is ray wish that
we should protect tho interest of third parties a
far as possible. Under the provisions of this bill
a party holding titles will bo necessitated to file
them in the District Court nnd havo thom con-
firmed before they can avail themselves of the
benefit of them in evidence in litigation with third
partios. I believe sir the bill will fail to av-
plish the object for which it was intended. I be-
lieve that when parties come forward to have their
mien i-vuuruieu ui mem Dy me iiistnct Courts
that confirmation will be final.but sir.if the bill is to
Mr. ArutsTnoso said : I "an ee no nocesiity
for making this confirmation final. If tt juds-
ment of the court in the case is a ?ood one- it w
as good as law can make it I am w illisg to leave
the question open to that iu case of writ of error an
opportunity of a re-investigation in some manner
will be afforded as all general laws are provided.
If we incorporate this amendment into this bill it
may be construed as denting the right of appeal
or of instituting a new suit
Mr. Palmer said: That Senator knows and
every lawyer on this floor knows perfectly well
what is tho effect of a final judgment He says
that the judgment of the court will be final any
how; then my amendment can do no harm. Ha
contends that the judgment shall be final between
the parties aud the State so far as the sovereign
power of the State ia cucerneJ- But I do not
think that such judgment will be final. It is only
a difference of opinion between the Honorable
Senator and myself.
Mr. Ecssell moved to lay the ainendnieHtaad
the amendment to the amendment on tho table.
Lost.
Mr. Scott moved to lay tho amendment to tho
amendment on the table." Carried.
The substitute was then adopted.
On motion of Mr. Gctsx the bill was amended
by striking out in the 1st section "sipce the 5th
day of May 1S30."
On motion of Mr. Allen the vote cdontin? the
amendment adding the counties of Kaufman Col-
lin Gravson Cook aud Denton wm reconsi lered.
Mr. Allen then withdrew his amendment.
On motion of Mr. Bryan the bill was amended
by addjni; to the last section " or to any title or
grant to land in thp colonies of Austin."
On motion of Mr. Millioax fho bill was amend-
ed by adding after Mr. Bryan's amendment: "Pro-
vided that nothing in this act shall be so construed
or any decisions of any of the courts made iu ac-
cordance with the provisions of this act shall be
so constrped as to effect ip any wise any of tho
titles to land embraced ratified and ponfirmed by
the 24th section of an apt of the Congress of the
late Bepublic of Texas npproved December
14th 187."
The bill was then ordered to be ongrossed. by
the following vote yeas 17 nays 17.
HOUSE OF EEPEESENTATIVES.
Satckday December 8 Icjo.
BELIEF OF PBE-EMPTIONIST3 ON THE
EESEEVE.
The business ou the Speaker's table and the
orders of the day were taken up Pending when
the House ocljonrned yesterday Mr. Hooker's
amendment to fhe amendment offered by Hr.
Eandolph to a bill for tho relief of pre-emptionists
within tho Pacific Railroad Eeservation.
Mr. Gay said : When ouite a youth Mr. Speak-
er I was taught tho old adago that a man bo two
ears and but ono tongue and that therefore ho
should say little and hear much. And I have en-
deavored up to this time to comply with that iso
saying. The members of this House will accord
to me JLe merit such as it is of having been hith-
erto a sHent'inembor. JJut I think there aro
times when one should speak and I think thin is
one of the times.
I think sir thero has been a great deal said that
was true aud pertinent by the advocates of both
sides of the question which has been the subject
of this warm and protracted discussion.
I think there was much truth apd much force
in the remarks of 'the gentleman who has been
dubbed tho " War Horse of Tarrant'." I will call
him the " old man eloquent" He has stood for-
ward fjero as a faithfn) representative nnd advo-
cated with great warmth and fervor the cause of
his constituents; he has spoken I doubt not in
accordance with the feelings of his heart
I look upon him Mr. Speaker with a great de-
gree of respect and even veneration. I think he is
a credit to this House. But in speaking thus of
the argument of that gentleman in favor of tho
bill I am not to bo understood as denving the
force and appropriateness of much that Las been
said by those who aro opposed to its passage.
I believe' there is somo foundation for tho po-
sitions assumed on both sides in this controversy
and somo force in tho arguments pro and con in.
relation to the question before the House. With
thatvjowof thelnritter.I hayo bepn a patient list-
ener and have endeavored tq find thp truth. And
truth It i said always lies on medium around.
I have in my hand a bill which I believe is cal-
culated to allay the feeling which has been exci-
icu uuriutr lulli neuicu uiseussiou. it 13 a peace
offering which I desire to present and ns I belieto
it embraces tho propor policy for this State to
pursue. I ask leave of the House to havo the bill
read and it may be taken as part of my remarks.
The bill which Mr- G&J' proposed to offer When-
ever it should be in order entitled "an act t
amend au act entitled an. act fo provide for tho
construction of the Mississippi and Pacific Rail-
road" was read by the Clerk.
Mr. Ga- resumed: It will he discovered Mr.
Speaker upon an examination of that bill that it
obviates all the objections of both tho contending
parties. It is a compromise bill. It does awoy
with all the objectipus urged against the original
bill now Under discussion and it Is thought will
nuet the views also of the" friends of that bill.
Tht. tnftef Tintvnrfiil frmitnatif "f C..7...- - .J
it is a very good one adduced by that "old man
eloquent" in favor of tho original bill is this: that
it is impossible for the State tq hold up that im-
mense body'p'f land and timber from settlement
That is true; he is cortaiuly correct in that posi-
tion. This bill provides for the settlement of that
country. And sir it carries out at the same time
one of the objects for which that reserve was set
apart the promotion of Internal Improvements.
And looking at it in that way it appears to mo a
kind of medium ground upon which all parties
ought to meet and harmonize.
This bill also provides that tho State shall scc-
tionize this region of country. The act passed by
tho last Legislature requires any pompanv who
shall take up the charter to sectioiiizo the reserve;
this bill makes it incumbent on tho State to do it
and to provide for doing so it reduces the bonus of
twenty sections to tho mile to sixteen sections.
and gives the State four sections for scctionizing
the country.
I think if the bill goes through in that slumc. a
company will be soon found to take hold of the
charter and construct that great w ork than upon
the present conditions. Because that country is
now a vast wilderness andtmoujd it bo settled up
to any extent under tho provisions of the bill I
desire to offer there will bo advantages accruing
to any company wno shall undertake the con-
struction of the road beyond any that could be
derived under the present system from the old
charter. I propose to retain sixteen sections for
the Pacific Eailroad. I am not however so
wedded to that particular idea.
I am in favor of the Pacific Eairoad not so
much from any benefit it pro'misos to my section
of the country or tho 3tato even but upon the
national grounds.
If gentlemen however wish fo wipe out the
whole reservation and sell the whole for the
creation of a fund for Internal Improvement
purposes. I am perfectly willing to go with
them. I am willing to make a clear sivoep of it.
Tho pried I have net thoro S1.25 por acre is
purely arbitrary so far 03 regards that section of
tho lull. I am a compromise man and I will meet
gentlemen on any ground.
In reference to the settlors who arc there now
if it i3 the opinion of this House that they ought
to have their lauds at a cheaper rate than 5125
per acre J am pprfeprly w jlllii q meet gentlemen
111 fixing any price they may agree upon.
Consequently I think this bill will suit all
parties in this House. It will provido for the
settlers already there although we cannot Le
bound to protect those who went there in con-
travention of law with the Pacific Eailroad
charter right in their faces. Legally they have
nongniHinere. jMinam willing to look over
like a father in the case of his child this little
violation of the law. And I am willing to admit
if gentlemen please that the State has received
some benefit from their going there in violation
of the law. There has been a good grejwing out
of this violation. And undgr fae pircumstances.
I am willing to palliate the thing and let them
have their land at a reasonoblo rate giving them
twelve months' time to pay it in.
Thi? bill Is but a repetition of the policy pur-
sued by the general government in regard to hor
publicdomain. It may bo said that $123 igfoo
high. But I should think lands ofTexas ought to
be ns valuable as those of Uncle Sam. I have
lived in Missouri and I know somethinsraboutthis
matter.
I know that the nrice affirml fn -o.
lands never yet prevented any man from getting a
home there. But if gentlemen wish to fix a lower
rate for those Eettlers upon the reserve I am
perfectly willing in this respect to any thing thev
The whole substanco of the thing is this: It
will enable the State fo dispose of that belt of
country and thus to make it available for purposes
of Internal rTmprovement' the great desideratum
of tho day and at the same timo afford the set-
tlers there an opportunity of securing themselves
in the enjoyment of tho lands they claim a3 their
homjg. Thus it will kiU two birds with one
stone.
I have asked the indulgence of the House to
have the bill read at this time iu order tht gea-
parficipafed in by so may speakers! am tempteit
to avail Htrsolf of what I owiceive to be my
privilege te ewnumcnto the fow idea which
nave stmok ray aiod inl rektiW to the subject
before the IImst. AaJ frtfccrRHrp Undies
that we have within otir own btnirsotaayjarrin?
and cumbwtble ekttwnt wt r'sord ami conf 1
siofl. I am in4ticed n make swow remarks teat
I should otherwise in alt probability fcave with-
held. I have never been in any lenlativu body before
this altlmug I ant getting sfcwc in year. But I
have always been ccHstned t task upon t
Legislature a composed of the select men of th'
State : a a congregation or collection of men
the moot in telletwil sensible ami practically wist
to be found in the community. I'am nappy to
say that I am not at all disappointed in my expec-
tation since 1 have had the tumw and thoplea-
sHro of associating with thn members of thin
body.
There is no occasion Mr. Speaker for any jar.
ring or (liHtion aaoog men thtiS associated to-
gether in a legislative body ifthey understand the
principles wbieh He at the foundation of all legi---Jation
and are willing to aft in accordance witu
those principte. Schism dbsentles ami rfisconl
among men arise solely front selfish principles
prompting tbent at rimes tu act in contradtetitu
to the fondarflentnl principles of a just policy ia.
government. When selfishness once ootcmeccrs
to swav the human heart we re Inovitaljy earner
awav into taeunriw uun ui tmuu.-cu pcuun anu
lose'sight of that oeautiful ami brilliant gleam oi
iteht voHehaled U3 by the beneficent Giver of a!
good to guide awl conduct us in onr eotirse.
In a lesulative body there b nothing Jike con-
cord and harmony of feeling. Tneir esisfe .
and preervtion are indispensable to the acrorr
plishment of thn impcxtant object lor which it i.
convened. Nothing so fatal nothing; so blasting
to every anticipation of good from onr labor l
the existence of diseord among ns. And what f 4
wanting. Mr. Speaker :a this assemblage of the
combined intelligence and p idiom pf Te.jH ti
exclude it forever from our council ' AH that '
required Is a proper understanding ofthe funda-
mental principle ot legislation nod a willingness
to sacrlqee all personal feelings and considera-
tions for the general good. With such a knowl-
edge aud sueir a disposition on the part of mem-
bers the birth of discord is an impossibility. It
can ocly originate in selfishness ami niut ever
be attended with that blind impolicy which j s-.
usually the offspring ot se.fishnw.
Loral interests for the most pert constitute
the bones of contention the bsne of legislation in
this House. Sir we should avoid as much as
possible giving to these local matters that undue
importance and prominence which wo aro so
prone to attach to everytbiug tjiat immpdiatel;
affect ourselves. We should not allow an unjust
desire for local advantages to assumo a place i
our estimation nnd action to which the great and
common interests of the country aro alono enti-
tled. We should strive to be independent in a
great measure of local and sectional feeling. We
Bhould never permit selfish consideration infract-
ing tho common wolfare to have tho slightest
iniliif nee over our deliberations aud action in thi
Houie. The first moment of departuie from this
principle will bear witness to our aberration from
duty. A continuance of such aberration will soon
disclose the fruits of weakness ami folly. There
will be no escape from this conclusion.
This reserve Mr. Speaker is the property of
the State and' its preservation for tho oomuioi
use depends on the laws or the State. Xo indi
vidual had the right to go there and occupy land
with the expectation of receiving any favor from
the State Tho law creating the reservo and pro-
hibiting settlement within its limits could work
no injury to an) of thoso individuals as has been
fully shown in the course of this discussion.
Hence they are entitled to uo peculiar favor at tho
hands of this Legislature.
The proposition mado by the gentleman from
Fayette (Mr. Gay; appoars to me to be a very
logical one considered in view of those just prin-
ciples which should guide and govern us 011 nil
occasions. I think it is well adapted to produce
the most satisfactory results. The object soems
to be not to oppress those who havo gone In vk.
lationof law upon the. reserve; but tq protect and
husband our common property for the common
benefit of all qur citizens.
It is in ray view of the highest importance
Mr. Speaker that we should now fix our eyes'
upon thofe great principles which should guide
and control the future policy of our State. Now
is tho time to commence a svstem cnlcnfst.il t..
bring abuut thoso grand results t -which we are
all looking forward with such glowing auticipa
tions. We can nover hope to see tBoe results
accomplished without a full knowledge of the
proper steps to bo taken in the beginning and
without firmness to adhere to the couwe we shall
adopt fr tho series of years that will bo necessa-
ry to their development
1 view the present. Mr. Speaker as a most im-
portant crisis iu the welfare ol Texas. It U n
timo which requires the utmost care and vigil-
ance and the most earnest and indcfatigablp of
fort on the part of those who aro charged with
the supervision of her great interests. Sho is
now as wo trust just at the starting point of n
long career of prosperity and progress. It ap-
pears to me thenthat this Legislature is peculiar.
Jy called upon at this time to adopt a policy ot
uucriiui improvement; ior upon tais depends it
a principal degree the future wealth grandeur
power and distinction of thus young and highly
favored State It appears to me sir that now u
the time to inaugurate this great policy. If we
permit our time tube wasted and frittered away
in little bickerings and disputes about subjects of
minor importance we cannot expect to ciftct
anything for the general good or accomplish any
object of lasting and universal benefit. I view
tho immediate adoption of a policy of internal im
provements s tho most important measure eves
demanded of us by thb voice iif the'pcople ani
of the country.
I see many reasons :n favor of tho suggestion of
the gentleman from Fayette (Mr. Gav) that the
State should sectionize this reserve. In that we
only follow the example of the General Govern-
ment. In adopting the plan he proposes we are
tying up no land from the settler. Ut hn th
same privilege of going awl occupying lands with
in iiias reserve as im in any other part of th-
State and he has twelve months if I understand
the nrovifttnn nf tlia lili .;. r.i.r..(C ..F
the amount nt which they are valued. If that
length of timo is given him to pay for his land
where is the injury di.no to the settler? He pays
$1.25 per acreanil ihc amount thus accumulated-!'
appropriated for the general gooJ ; consequently
it matters not ho; many men are living there
whether hundreds or thousands of persons thev
are placed upon an equality with the rest of ou
citizens. That belt of country therefore which
it is feared by manjr would constitute a barrier
between the North and the South become.
ject to settlomxiit ami the barrier ceases to exwt
J-ntt!ra rill rinr nn !n ...... ..:.. i t
and fill up that country as well as the othur por-
tions of the State.
By adopting the proposition o.f tne jjentWi.ii
from Fayette wo shall be doing something to-
wards tiro establishment and support of a svstf m
of internal improvements which we must have or
we can never make Texas the great State which
we had hoped ere long to see her become. This
reserve has foiled to accomplish thn object for
which it waa set apart and withheld from settlo-
ment; and wu can now mako such a dispositict
of it a3 will materially aid in establishing rfMt cii'
be adopted I desire to protect more fully the in- tlcmen may see its provisions with the expecta-
tereit ot third narties. 1 nhsit ntt -.. j .1.. .. '. .-xi..i : u-.n..-
teresfc of thjrd. parties I shall offer an amendment
as a substitute- for tho-amondmentmrw pending
to come n at the end of third tertinu ft n ?!
that such confirmation shall not affect the interests
of third parties."
The question being put the substitute was
aoopieu. v
Mr. Palsier said : I now wish to offer the fol-
lowmg aendment to the amendment; but shall
be fiMtibetweea.tiia parties chiming under such
titles acd-tho State' -f n.'V.Vr ..
mMr-GuiNNOsaidci It.appearsto me a similar
amendment was rejected on yesterday. .. . .
taming a bv stem of internal improvements a sy -tem
that will spread over this beloved html of our
the chief advantages enjoyed by tho older States
of the Lmon and make ofTexas the garden spot
of the world. It is incumbent upon us to act
speedily in this matter at the same time looking
ahead for years to come and shaping .nr policy
so aj to secure beyond the possibility of failure
the great advantages we all so earnettly desire.
If wo neglect and fail to do this work nowde-
inanded at our hands; if w- suffer our time and
attention to be engrossed by subject of minor im-
portance to the exclusion of tis tho " one thing
needful" we shall prove recreant to the trust re-
posed in us ami render ourselves obnoxious to
the censure and reproaches of a justly incensed
people.
I approve sir I say of the suggestion that this
reserve should be set apart for tho creation and
accumulation of a punlicfund to aid and assist the
State in carrying out that mighty polky which
our peculjar condition imperatively demands and
without which it can scarcely subsist. In making
this dispo.;t:oi of those landi) w ar doing no
violence to the individual- now living there
Thoae individuals Mr. bpeaker. went-there know-
ing that those kind were reserved from ocrunr.
tion and settlement: but as leniency bna been tho
practice in similar eaacs of the State and General
Government it wa3 perhaps not unreasonable in
them to expect it at our hands. We should -ivo
them I think every advantage that we cm con-
sistently with our duty towards other citizens and
ri ltita ntr ltlTr An tlir-v tiarn .. ? 1 L '
I will not say that ttiey aro violators of law but
as thoy have no legal right however to this pro-
perty I do not feel that they have anv particular
claim upon us as the representatives of the State
As we have not aafficient money to carry out a
system of internal improvements.'it liecnm ..
j sacred duty to husband tho public lands of tho
cuuunj wr urn purpose omerwise Wo shall see
ourselves oblisod to involve th- Stsf ;n .:m- v
s
tion of offering it at the proper time as a substitute
for the original bjll.
Mr. L nyiid.v. I have listened with much
interest to the remarks which havo been made by
the different gentlemen who have addressed the
House durisg the last feWdays on the subject un-
der consideration. As I have been satisfied that
others would do ample justice fo the subject I
have felt no particular inclination to enter into
the discussion and I had uo idea until to-day of
doing so; finding however that tho subject is
regarded aa of somuch importar.ee its discussion
having taken so wide a range and having been.
ourselves obliged to involve the Stato in n;it;-
of debt If we could avoid the burthen n.i ....
harassment of State iiahihtiaj wu mustmsike usa
of our public domain ; for in such degree'as vl'
suffer the dissipation and waste of dur public nro-
perty to take place will necessity in all probabi-
lity compel a resort to the credit of tho State -From
tho time that we establish this nolicy
the lands in that section of the country willbo
enhanced in value 16 three times the "price a
which they are now estimited. Our public lands
have been estimated at little valuo for tho reason
t&a. we have simply been giving awav our pubUc
domain fauch has been tho nnlW nf u..
(but sir we havo lonz since acoomuluhp.l hi
- MV
-
1 11 iiittiifiiififiii nil 11 a.w'if .-"
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Oldham, W. S. & Marshall, John. State Gazette. (Austin, Tex.), Vol. 7, No. 25, Ed. 1, Saturday, February 9, 1856, newspaper, February 9, 1856; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth81226/m1/2/?q=Lamar+University: accessed June 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.