Matagorda Bulletin. (Matagorda, Tex.), Vol. 1, No. 22, Ed. 1, Wednesday, January 3, 1838 Page: 1 of 4
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"TF7fJ2fJ LIBERTY DWELLS THERE IS MY COUNTRY"
JAMES S. JonES-Profric:ora i.
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VOL. I.
MATAGORDA WEDNESDAY MORNIMG JANUARY 3 183.
NO. 2 2.
GOBDA
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THE
llattigortla liuUclin
Will bo Published every Wednesday Morning.
TEIUIS.
Five Dollars per Annum in Advance.
AGISTXS FOR MATAGORDA IIULIXTIX.
United Jstatcs.
Vottou C. K. Billiard I .Votiic
Mca 3'orl Plait Hull
V. Orleans J. Trent Clark
Texas.
Houston A. Brigham E.
Washington llailcy Ray &
Ilotcy
i?m:eria -Edmund Amlrcns
Tezana J. S. Menifee
-Itufiif Crccn
Win. Wailiworlh
riau eiom.
I'clatco J. C. IlosMns
Columbia Aldrldge k. I'avis.
San Filllpe N. Whitehead
Win. rcltus.
TERMS OP ADVERTISING.
Advertisements of 10 lines anil under first Insertion. 100--sub
sequent insertions SO cents. Marriage ami Obituary .Notices of
more than three lines each. Cards of Paswizcr and Announce-
menu of Candidates for Oriicc charged at uml rates. When no
order is given lo the contrary Inserted until forbid. Xo Subscrip-
tion or Advertisement discontinued until all arrearages arc paid
except at the option of the proprietor.
AS ACT
Entitled "an act to reduce into one act and to amend
the several acts relating to the establishment of
a General Land Office'''
Sec. 1 Be it enacted by the Senate and House
of Representatives of the Republic of Texas in
congress assembled That tlicrc shall bo and is here-
by established a General Land Ofiico for the Re-
public of Texas to be located at the scat of govern
ment or at such place as may hereafter be designa-
ted by law. the chief officer of which shall be called
the Commissioner General of the Land Office which
said officer shall bo appointed bv the president by county. lie shall before entering upon the duties
and with the advice and consent of the senate shall of his office enter into bond with three ox more so
enter into bond witli three or more securities paya- curilics to be approved by the board of land commis
blc to the president or his successors in office in the j sioncrs of the county in the sum of ten thousand
flee; shall bo signed by the president of the repub-
lic and countersigned by the commissioner of the
general land office or by (lie chief clerk thereof.
Sec. 8. Be it further enacted That no person
appointed to an office instituted by this act or em-
ployed in any such office shall directly or indirectly
bo concerned in the purchase of any right title or in-
terest in any public land cither in his own name
right or interest for any other person or in the name
or right of any other person in trust for himself; nor
shall take or receive any fee or emolument for nc-
gociating or transacting the business of said office.
other than those fees allowed by law. Any person
offending in the premises against the prohibitions of
this act shall on conviction thereof before the dis-
trict court bo removed from office and fined in any
sum not less than five hundred dollars and shall for
feit all the land ho owns in the republic and never
after be allowed to hold any office of trust or profit
in this republic.
Si:c. 9. Beit further enacted Tint there shall
be elected by joint vote of both houses of congress
for each county a county surveyor who shall reside
at the county scat and whose duty it shall bo to re
proof being made to them of the party or parties bo made to his office; and the said clerk shall .re-
claiming ns is herein required setting forth in said fore entering upon the duties of his office give a
certificate the amount of land the claimant is cnli-'iond with good security to bo approved of by iho
tied to upon what conditions and the time when he
she or they emigrated to this country. The presi-
dents of the hoards of land commissioners shall lie
ioard of land commissioners in the sum of five thou-
sand dollars payailo lo tho president or his suc-
cessors in office conditioned for the faithful per-
rcccivcrsof public moneys for their respective coun-j furmancc of the duties of his office as clerk and re-
lics and shall enter into bond with good and sudi- gislcr and the safe keeping of the records thereof
cicfit security to be approved by the county court Sec. l.r. Be it further enacted That every ccr"
oj if there be no county court the board of land tificatc which may lie issued by authority of this act
commissioners in the sum of twenty thousand dol- sian ho signed by tho ioard of land commissioners
lars payable to the president of the republic of
Texas or his successors in office and conditioned
for the payment of all sums which may be received
by him on account of the public lands to the secre-
tary of the treasury for the use of the republic
which bond shall be recorded by tho clerk of the
county court and the original transmitted lo the of-
fice of the secretary oT state; and for all public mo-
nies which he may receive and pay over he shall be
allowed to charge and receive two per cent.
Sec. 12. Be it further enacted That every per-
son who shall claim a title to land in this govern-
ment by virtue of the colonization laws or by rcsi-
penalty of fifty thousand dollars conditioned for the
faithful performance of the duties of his office; said
bond and seenritics to bo approved by the pesident
and senate which bond shall be filed in the office of
tho sccictary of State and shall hold his office for
the term of three years. Provided tho provisions
of this section shall not aflbct the present incumbent
pf4bat office pxeent f-o fir as relates to-bis giving
bond and security and holding his office for three
years from the date of his appointment; and the said
commissioner of tho general land office shall re.
ceivc a salary of three thousand dollars per anum.
payable quarterly.
Sec. 2. Be it further enacted That tho commis-
sioner of the general land office be and ho is here-
by authorized lo appoint a chief clerk which said
clerk shall receive a salary of sixteen hundred dol-
lars per annum and two assistant clerks who shall re-
ceive as a salary twelve hundred dollars each per
annum payable quarterly.
Sec 3. Beit further enacted That the said chief (
clerk shall enter into bond with three or more secu-
rities to bo approved by the commisioncrof the gc-
ccivc and examine all field notes of surveys which tlenco in the country at the declaration of independ
have been or may hereafter be made in said county.! ence shall be required to lake and subscribe the fol-
and upon which patents arc to be obtained and cor- j lowing oath: "I do solemnly swear that! was a rc-
tify tho same under his hand to tho commissioner; sident citizen of Texas at the dalcof the declaration
of the general land office after having recorded the j of Independence that I did not leave the country
same in a book to be kept by him for that purpose. Iduringthc campaign of tho springof 1S30 to avoid a
and shall immediately return tho same lo the prcsi- participation in the struggle; that I did not refuse to
dent of the board of land commissioners for said j participate in the war and that I did not aid or assist
tho enemy that I have not previously received a tiile
to my quantum of land and that I conceive myself
justly entitled under the constitution and laws to
Iho quantity ol land for which I now apply." They
shall also bo required to prove by two or more good
and creditable witnesses as the commissioners may
require that they were actually citizens of Texas
at the date of the declaration of independence and
have continued so to iho present time; and they shall
also be required lo prove in like manner whether
they were married or single at the time of the dec-hrn;io!vonfid"pcn'1crice.nnd-vhat-iBvunt.of
land
dollars payable to the president or his successors
in office conditioned for the faithful performance
of his duties; which said bond shall be recorded in
the clerk's office of said county and liic original
transmitted to the office of the secretary ofstatc; and
the said survcyorshall hold his office for three years;
and bo rc-sligihle. He shall bo entitled to charge
on all field notes and plats presented to h'zr. far in-
spection for every set of field notes and plat of a
league and labour of land five dollars; for one third
third of a league four dollars; and for every less
quantity three dollars. His books shall be open
at all times for inspection and ho shall be allowed
thirty-seven and a half cents for every search. lie
shall appoint as many deputy surveyors as he nia
deem necessary for the county; and shall adminis-
ter to them the oath of office and take the bond
hereinafter prescribed and' shall furnish them such
instructions as maybe furnished to him from lime to
time by tho commissioners of the gcncrjl land office;
and such deputy surveyor before he enters upon ihc
duties of his office shall enter into bond with two
or more securities to be approved by ihc county snr-
and attested by the clerk andfor every such certifi-
cate so issued the party claimant's shall pay the sum
of five dollars one half of which shall go to the clerk
and the other bo equally divided ictween the quo-
rum of the ioard actually presiding. And it is here-
by made tho duly of said ioard and they arc re-
quired to meet at the court houses of their respect-
ive counties on every other Thursday then and there
to transact the duties required of them by this act
and shall remain in session so long as may be .ne-
cessary for the transaction of the iusincs3 icforc
the ioard for which services they shall ic entitled
to demand and receive the fees herein allowed and
nomore. Provided Tlrataftcrthclaiidofficcsshall
have icon open ibrcc months the said ioard shall
not ic required to meet only on the first Thursday
in each month and if that day should fill on a regu-
lar court week so as to interfere with it then they
shall meet on the next Thursday thereafter. And
further provided that a nirjority of said ioard shall
form a quorum to transact the duties herein required
of them.
.Sec. 10. Be it further enacted That the decision
of a majority cfsaid ioard of commissioners shall ie
nccessrry to entitle any person 'to a certificate of
their claims iut if a majority of said ioard should '
decide that any claimant who presents himself or
herself ieforc them for a certificate is not entitled
lo the amount of laud which they claim said claim-
ant may take an appeal from their decision to tho
next district court for the county in which said
claimant may live citing the. board of commission
ers t aj;caras defeadcnlJ where it shall be tria
they were entitled to under the law. Provided land in all such cases the district attorney shall ro-
widows and orphans shall not be required lo take
ncral land office in the sum of twenty thousand dol-1 vcyor. in the sum of five thousand dollars payable
jars payable to the president or his successors in of-
fice conditioned for the faithful performance of the
duties of his office (which bond shall bo deposited
in the office of the secretary of state.) who in case
of absence of the commissioner of the general land
office or his inability to attend to the duties thereof
shall perform all the duties appertaining lo said office.
Sec. 4. Be it further enacted That all officers
appointed or to bo appointed under the provisions
of this act shall before entering upon the duties of
their office take and subscribe tho following oath
to wit: "I A B do solemnly swear that I will faith-
fully discharge the duties of my ofiicc without favor
orpartiality so help mo God;" which said oath shall
be transmitted to and filed in the office of tho "secre-
tary of stale.
Sec. 5. Be it further enacted That tho commis
sioner of the general land office shall causc"to be pro-
vided a seal of office which seal shall not be changed
except by law; and certified copies of any records
books or papers belonging to said office under the
signature of the said commissioner or chief clerk
with the seal of office thereunto attached shall be
competent evidence in all cases where the originals
could be evidence.
Sec. 0. Be it further enacted That the commis-
sioner of the general land office bo entitled to and
shall keep charge of the seal; and also that ho be
and is hereby entitled to and shall have custody
and control of all books records papers and origin-
al documents appertaining to titles of lands here-
tofore andby the provisions of the law denominated
archives; and that the said books records papers
and original documents shall become and bo deem-
ed the books and papers of said office.
Sec. 7- Be it further enacted That all patents
issuing trom tne land oiucc shall bo in the name of
the oath herein prescribed: and all persons claiming
a grant to land of this government by inheritance or
by purchase shall prove in the same manner as
above stated in this act widows orphans or their
legal representatives not excepted that the person
whoso estate they claim is entitled to a grant to land
of this government by the laws of the country or
present tho interest of '.he republic for which ser-
vices he shall be allowed a tax fee of ten dollars on
every such case to bo paid b the appellant together
with all oilier co-ts of suit in case he or she fails to
obtain a verdict in his or her favor. But if the ap-
pellant should obtain a verdict for tho amount of
land which he or she claims the costs of suit shall
be paid by the republic when the commissioners
that tho person of whom they purchased is actually shall issue a certificate in accordance with such dc
entitled to said grant to lands of this government; cision.
ar.d no purchaser of a head right shall be entitled
to receive a grant either as assignee or in the name
of the original claimant unless proof bo also made
Sec. 17. Be it further enacted. That any certifi-
cate of claim to land which has been or may be ob.
taincd in the manner and form herein prescribed.
that the person represented as entitled to the grant .shall be sufficient evidence to authorize any lawful
is actually a resident of the republic at the lime the surveyor to survey for any pcison holding such ccr-
lo the president or his successors in office condi-; application for the grant is made; and all orders for i tilicalcs any lands which he may point out agrcca-
survcys of head rights procured under the coloniza-1 hly to all the laws which do now. or may hereafter
lion laws previous to the declaration of independ- exist on that subject. Provided also that where
ence shall bo submitted to the examination of the more tHan one application is made for the sano
land commissioners and the holders of the same Iract of land to bo surveyed the settler or occu-
whclher they be original claimants their heirs orlpanl shall have the preference if their claims be
Iho duty of each deputy surveyor to administer an
oath lo each individual employed by him as chain
carrier or marker for the faithful performance of his
duties as such in accordance with the instructions
given him: and no Afiican or Indian or dcsccndcnl
of cither or any person under tho ago of sixteen
years shall be employed in cither of the above ca-
pacities; and further it shall be the duly of said sur
veyors lo subscribe tho name of each of tho chain
carriers to his field notes previous to returning the
same to the county surveyor. lie shall also state
to the best of his knowledge and belief Iho number
of labors of irrigable lands tho number of labors ofj
temporal or arable lands and the number of labors
of pasture lands in each survey for that class of
claimants who arc entitled to land under the consti-
tution or colinization laws which shall be plainly
written out in the field notes and also inserted in
each patent; and for all such surveys he shall charc
and receive three dollars for each English lineal
mile actually run.
Sec. 11. Beit furlhcr enacted That there shall
be elected by joint vote of both houses of congress
a commissioner who shall bo president of tho board
and two associate commissioners for each and every
county who shall compose and constitute a board
of commissioners for their respective counties to be
styled a "Board of Land Commissioners" whose du
ty it shall bo to investigate all claims on this govern
ment fofhead rights to lands; and they arc hereby
authorized and required tograntto any person or por-
tho republic of Texas and under the seal of said of-' sons a certificate of their claim or claims upon such
tioncd for tho faithful performance of the duties of
his ofiicc; and for such appointment of a deputy sur-
veyor the county surveyor shall bo allowed to
charge and receive from the person so appointed
the sum of five dollars.
Sec. 10. Beit furlhcr enacted That it shall be! assignees shall bo subjected to tho same formalities
and requisitions in procuring said head rights as
i pointed out for other individuals in this law.
Sec. 13. Be it furlhcr enacted That any person
claiming the benfits of any particular colonization
law of Coahuila and Texas during their existences
fixing the prices to bo paid for lands by tho colonists
shall prove by at least two respectable witnesses
that he or she were actually residents of Texas du
ring the time said law was in force which proof so
made before said board of land commissioners shall
entitle the claimant to have his or her land at the
price fixed upon by said colonization law which
was in force at Ihc date of said claimant's emigration
to this country.
Sec. M. Be it further enacted That there shall
also be elected for the several counties a clerk iy
joint vole ofioth houses of congress who shall keep
in a well iound iook lo ic kept iy him for that pur-
pose a correct account of all the transactions of the
ioard of land commissioners the name of every per
son to whom a certificate shall ie given the amount
of land granted to each person the time of their
emigration to the country and tho name or names
of the witness or witnesses iy whom the claimants
severally proved their claims; and tho said clerk
shall at tho end of every month forward to the com
missioner of the general land ofiicc a corcct list of
the names to whom certificates have icon given the
amount of land granted to each individual and the
date of tho claimant's emigration to tho country; and
the said commissioner of the general land office
otherwise equal. Provided that no location or im-
provement made since the declaration of independ-
ence by persons who have since that time arrived in
the country shall bo regarded when they come in
conflict uith the claims of those who were here at
the declaration of indepence. But those individuals
entitled to the six months preference shall have tho
right of locating their lands upon any vacant lands
of the republic without regard to any improvements
made iy individuals who have arrived in Texas since
tho declaration. In all other cases or in case there
ic more occupants than one the confiding claims
shall io summarily tried iy the nearest justice of
the peace and six disinterested jurors summoned
for that purpose and upon their decision the survey-
or shall grant lo the successful party the field notes
of the tract of land giving in all cases the prefe-
rence to the oldest occupant and settler. Provided
in all cases that the claimant shall apply for such
certificate in tho county in which ho or she may re-
side at the date of the passage of thi3 act: and pro-
vided that persons claiming land iy inheritance or
assignment shall apply for such certificate in' tho
county where tho testator died or where tho assignor
lived at the time of making such transfer.
Sr.c. IS. Be it further enacted That when two
or more persons cannot agree to a division lino of
any land which has never teen surveyed agreeably
to law it shall bo lawful for cither party to opplyto
any justice of the county or territory in which tho.
land lies or if there ie no justice of tho peace in
the county or territory then to the nearest justice
shall keep a record of all such returns which may in any county or territory and make oath that ho
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Niles, J. W. J. Matagorda Bulletin. (Matagorda, Tex.), Vol. 1, No. 22, Ed. 1, Wednesday, January 3, 1838, newspaper, January 3, 1838; (https://texashistory.unt.edu/ark:/67531/metapth80336/m1/1/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.