Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 5, Ed. 1 Wednesday, November 23, 1853 Page: 1 of 4
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TRI-WEEKLY STATE TIMES
VOL. 1.
CITY OF AUSTIN, TEXAS, WEDNESDAY, NOVEMBER 23, 1853.
NO. 5.
flFTH LEGISLATURE.
Wtoccciimgs in tlje Senate.
J. T. FLINT, Reporter.
Morning Session, Nov. 17.
Under the orders of the day, the re-
port of the Committee on Public Lands,
with bill to be entitled. "An act supple-
mentary toan act, supplementary to and
^amending an act for the relief of the
citizens of Mercer's colony," .came up.
The committee's report offered a sub-
stitute to the original bill, and recom-
mended its passage.
Question upon the adoption of the
substitute.
. MR. BRYAN ^id that he would be
obliged if some fr nd of the bill would
explain its object^ before the question
was put.
MR. MARTIN—Mr. ^President: I
will say a few words by way of expla-
nation.* At the last regular session of
the Legislature, Feb. 16th, 1852. there
was passed an act supplementary to
and amending an act for the relief of
the citizens of Mercer's colony It pro-
vided that colonists who were entitled
to certificates, and who had not received
them, should go into the District Court,
and prove that they were resident citi-
zens of said colony, January 29th, 1849,
before receiving a ceriifieate. There
were a number oí citizens entitled, who
sought to take the benefit of the provi-
sions of said act. la the last section of
said act, there is to be found the sing u-
lar proviso, that not more than twenty
certificates shall be proven up. The
colonists went into the oourts for the
prosecution of their rights; the position
was taken that the burden of proof lay
upon the colonist to show that twenty
certificates had not already been issued
under the provisions of that act; and as
a consequence the colonists had to
leave the court without relief, as they
could not prove that twenty certificates
had not been already issued. Now, all
that the colonists seek by this bill, is
to be relieved from that proviso, and as
a consequence the burden of proof that
twenty certificates have not already
been issued, and to be allowed to go
into the court and prove, according to
the provisions of the act of 1852, that
they were resident citizens of said co-
lony, Janizary 29th, 1849, and receive
the certificate to which they are enti-
tled. It seems to me that what they
ask cannot be justly denied them.
MR. JOWERS-r-Mr. President: I
feel an interest in the passage of the
bill before us. It seems to me that it
cannot prejudice the interests of the
State, the District Court being a suffi-
cient safeguard of her rights. Those
\^ho are justly entitled, should certain-
ly have the means of prosecuting their
rights, and the law of 1852 gives them
an opportunity to assert them, hut the
object of the law is practically defeated
by a proviso which was added to sec-
tion fifth of said act. . It seems to me
that that proviso is unjust, and were it
repealed, but few more than the twen-
ty certificates could be issued, because
in all probability not more than twenty-
five or thirty persons are entitled Un-
der this proviso, the ruling of the court
throws the burden of proof on the colo-
nist to show that twenty certificates
have not already been issued; that
proof is difficult to obtain, for it will
be recollected that there are some three
Judges presiding within thcr limits of
Mercer's colony, as a pajt of three ju
dicial districts are in it. On account of
the difficulty of getting the proof re-
quired by the courts, that twenty certi-
ficates had not already been issued, the
colonists were unable to get their lands.
Fortheirrelieffhis bill was introduced.
MR. PASCHAL suggested that the
records of the District Court would
show how many certificates had been
issued, and therefore that they had the
proof required at hand.
MR. HART replied that it was dif-
ficult to decide it by the records of the
court, as there were parts of three ju-
dicial districts, and several counties
within the colony limits. Ile-said that
Judge Todd of his d strict had ruled
differently from the other two Judges,
and that nine certificates had been is-
sued in his district, upon the parties
claimant proving their residence, ac-
cording to the provisions of the law.
MR. PASCHAL said that it seemed
ta hirn that the. difficulties whírVi thp
colonists were under; might be helped
in another way. by throwing the bur-
den of proof upon the State to show
that twenty certificates had been issued,
before refusing to issue to those com-
plying with the provisions of the law,
in regard to proof of residence in the
colony on the 29th January, 1849. He
did not know the object of the State in
enacting the proviso to the fifth section
of th¿ law of 1852, but it might have
been a wise policy which dictated it.
MR. MARTIN—Mr. President: The
position was taken before the courts of
the country, that the State should show
that twenty certificates had been issued
to colonists since the enacting of the
law, be|gre refusing to grant certificates
to those making proof of residence, ac-
cording to the terms of it. That posi-
tion was overruled, and the couvt de-
cided that if the colonist could prove
ed by law. Let us look at the posi-
tion that, that proviso might place a
man in; this week he might be able to
make the proof of residence as a colo-
nist, and be entitled to, and receive a
certificate for land ; next week he might
still be able to make the same proof;
but could receive no land, merely be-
cause 20 men, no more meritorious
than himself had applied and received
land before hirn. Now I ask, if that, plain myself a little, and 1 think it will
on account of the ba4 state of the
roads, at any other time than the reg-
gular one provided by the law, that
the overseer should have the right to
do so ; if not, he would not. have it in
his power to, keep the roads in order,
except at certain seasons of the year
named in the bill.
MR. SCOTT—
Mr. President: I would like to ex-
proviso is dictated either by sound poli-
cy or justice? If it is, let it remain ; if
not, strike it out. If we attempt to do
justice, lei us do even justice to all.
The substitute was adopted,
then bo found that the Senator from
Brazoria and myself have the same ob-
ject in view. 1 wish to havie the Iavv
só framed that the work upon the
roads will not interfere with the bu.si-
The question was then upon the en- j ness of the planter and farmer. The
grossment of the bill. i bill before us provides that the over-
Mr. BRYAN, Mr. President, not Neer shall-cart* out the hands to work
is any legal question involved here.
It is an appeal to the State, which
alone has the power, to give them
quiet. It is a matter of indifference to
me whether the subject goes before
that committee or not; as I am satis-
fied ihat the bill* has intrinsic mer-
its which'will give it standing and se?
cure the attention of the House When
it comes up before us, independently of
the unfavorable or favorable action of
any committee. It is impossible for me
to conceive what legal question can be
involved in an act which aims at no
other object than to give protection
and security to settlers and colonists,
who were here prior to the day named
in the y-ar 1835; and whose privations
and daring, prove them énritled to fa-
me, I would ask those who recollect
, its provisions, if the proviso, that but
that twenty certificates had not been ; 20 certificates shall be issued, be striek-
issued, since the passage of the. law of' en out of it, jf there would be any
1852. he was entitled to receive a cer- j check* upon the courts issuing any
tificate; if not able to make that proof.! number of certificates. There are
that he was not entitled. : three judicial districts partly within
MR. PASCHAL said that he did not Í the limits of ihe colony; we are in-
wish to be understood to say that the j formed, and if the law does not pro-
District Attorney was of an erroneous j vide some checks, bow can we know
opinion, nor as questioning the sound- ¡ how many certificates may eventually
ness of the ruling of the court, in re- be issued?
having the law of last session before i upon the roads in the Spring time be- j vor at the hands of the State, above ail
gard to whom the burden of proof fell
upon, but as suggesting ihe propriety
of changing the burden of proof upon
the State, and of leaving the proviso of
the law to remain as it is. If there was
a good reason for limiting the number
of certificates to be issued by the courts
to twenty, he thought that we osght to
be cautious in repealing that proviso;
and it did seem to him that there must
have been a good reason for it, a reason
given at the time of its passage, and
probably one which suggested if. He
thought that the law might very readily
be amended so as to relieve the colo-
nist of the difficulty complained of,
without repealing the proviso to the
fifth section of said law, which might
have been enacted for a wise purpose.
MR. JOWERS—«-Mr. President, I
was a member of the House when the
law of 1852 passed for the relief of
the citizens of Mercer's colony ; I also
recollect that proviso, and the manner
in which it became a part of the law.
The bill was pending at the time when
there was a great deal of excitement,
in regard to passing* land relief bills,
for the benefit of colonists; it was
said, that large quantities of land were
being giveu away in many cases to
persons whose rights to lands were i
very questionable. In the heat of the f
debate and: discussion, and almost a
the verv close of the session, •*. mpm
MR. HART, Mr. President, there
would be no check, except that the law
provides that a man shall make cer-
tain proof to^entitle him to a certifi-
cate; if he can make that proof, the
certificate for the proper quantity of
land shall be issued to him; if he can-
not make the required proof, he can-
not receive a certifícate. After the au-
thority of the commissioner of the
colony expired lor granting certificates
for land ; the legislature sent the colo-
nists into the courts for relief, and there
they have to comply with the terms of
the law in regard to proof of residence
in the colony. If we refuse fo pass
this law, the colonists will annoy us by
coming up, one by one, with relief bills,
untill they get their rights. I think it
would be safe to risk the rights of the
states with the district court.
The bill was engrossed.
Senate adjourned.
tvveen April and August, a time
when, in my section of the State, the
planter is busy in getting in and tend-
ing his crops. It provides in the fal
cf the year, that he shall call them out
between September and January, a
time when the planter is making his
sugar and getting ouV his cotton. By
leaving the bill open as to the time that
the roads are to be worked, but pre
Leg-
are
others. At every session of the
i>lature vast quantities of land
- granted to preemptors—to emigrants
l4#nd to colonists who arrived long s^nce
the achievement of our independence'
and yet the titles of the bold and ad-'
venturous spirits who first opened this
region to civilization and freedom are
left in doubt. The survivors of those
pioneers, and the heirs of their dead
«.w tv. vv T W. M W I ' UCÜU
that they shall be worked so j comrades unite as it were, in this^bill in
much within the year, I think it could
be managed so as not to much incom-
mode the farmer ; as a farmer is gene-
rally elected overseer, and is not likely
to call the hands out to work when it
would interfere most with the getting
in or securing of crops,
MR. BRYAN—
Mr. President : It is now at the be
ginning of the session, and we are not
pressed for time. If the bill be recom-
mitted, we can make such amend-
ments as may be thought necessary, so
as to make the bill as little burdensome
as possible. The Senator from Harri-
son and mysalf, it appears, have the
same object in view. All that we want
is to frame a bill that shall not be op-
pressive upon the planter and farmer
by subjecting them to be called out at
a time when their business is the most
urgent at home, and also one that will
enable our overseers to keep the roads
in repair.
MR. GCJINN—
Mr. President: I introduced that,
bill having found it amono- the nnfin-
o ^ —
isiled business of last session. I ron-
demanding that Texas at this remote
day from the inception of their rights
confirm their titles.
1 hope however that the motion tr
refer to the Committee ou State af-
fairs will prevail.
After some slight discussion on
points of order, the proposed amend-
ment was made, and the bill was re-
ferred to the Committee on the Judicia-
ry.
Thursday, Nov. 17,1853.
Mr. Stout offered a resolution re-
lating to the means of checking the re-
moval of timber from the Common
School lands of the State.
He said he would merely ask the
adoption of the resolution by way of
calling the attention of the House to
the subject, without at this time submit-
ting more than a single remark in rela-
tion to the existence of the evil and the
necessity of applying some effectual
remedy. It was a well-known fact that
from a great portion of the school lands
of the State, the timber had been re-
moved by the people living adjacent to
Morning Session, Nov. 18,1853.
Under orders of the day, the bill to
amend the second section of an act au- .. _ ^ „ 4 f 0
thorizing and requiring County Courts not particularly object to the amend-1 them, and they were hence becoming
to regulate roads, appoint overseer, and meat suggested by the Senator from ! almost valueless. They had been lo-
estabHsh ferries etc., was taken up, with ; Harrison. In my section of the State cated in sections of the country where
the re'port of the committee on roads, j they will be compelled to work the j the limber was originally abundant,
bridges and ferries. j roads in the month of May, a- wc often now some of them were entirely
MR. SCOTT— | have freshets in that month, and in that I stripped, and these depredations were
t , He would like the bill much better j sandy country the roads are sometimes ! still going on. A law for their protec-
j if that portion of it requiring the over- j ruined by being washed out "by them. tion H1 this respect was absolutely in-
to work the Nenessit.v will often compel the over- dispensable to make them valuable.
me veiv m me session, l mem- , , * ,
ber from Washington county offered |seer,,0 i*1.1 out th? h.an,ls u
that, proviso to be tacked on to the last I roads w",h,m cerlf" ,"1nesVwure s,nck-
of the fifth section; it was adopted !e" °?!-. He would rather the overseer
hastily, and thus became a part of the! ?ht>uld 'f.Ie'< ¡° cho°se hl1f u"n Ur?e
for working the roads: therefore he
seer to call the hands out at other than
the stated times of fhp law Hpnpp
law. The gentleman who offered it,
afterwards had the candor to state that
it might be. that the proviso would
do injustice to the colonists. I believe
that there are a number of citizens of
that colony, who have never applied
for land; but who are still a^ much
entitled, as any who have received it.
I do not know that I have hut two con-
tftitiipnfe whn arp íntprpafprl T rin nnt
would move to strike out that portion
of the bill defining the times when the
overseer should call out the hands.
MR. BRYAN—
Mr. President: I would rather the
bill should set the time when the over-
seers shall call out the hands to work
the roads. If the bill do not, an arbi-
trarv overseer might call out the hands
ask the repeal of the proviso for their j to work at a time when it would very
particular benefit; but because 1 be-
lieve that it is right that it should be
repealed, and because I would give ev-
ery one an opportunity to get his rights,
if he can make the proof required by
law, of his residence in the colony, the
29lh of January 1849; without any
regard to the question, whether
number receiving benefit would
ceed 20 persons or not; though I am
inclined to think that about 20 or 25
colonists are all that are lefr to claim
the benefits of the law; the number
could not possibly exceed 40 or 50. If
one man, or 20 men are entitled to land
upon making certain proof, so are fif v,
much discommode the farmer and plant-
er to leave their business. In fact there
has been a great deal of dissatisfaction
in my portion of the State, occasioned
by the overseers calling out the hands
to work on the road at a time when the
the planter 1ms been making his sugar
n v> or getting out his cotton. It seems to
«Y- me that this difficulty might be obviated,
bv a provision in the law defining the
question pending, being the reference
of the bill entitled an Act to quiet land
titles to the commirtee on state affairs,
on the motion of Mr. Reily.
MR. HALL said, when ihe adjourn-
w r ._ „ —| ment took place, I was about to sug-
time that the overseers should work the ¡ gest that the committee proposed was
roads. This bill is a mailer of no small not the proper one. There is a
serious legal Question involved ir
importance, and we should not pass it
too hastily 1 wish to see it well ma-
tured and give an opportunity for
amendment, it eentiemen do not like
— J* mmm — ••• * -• J • — - J — —' —• *• — — m J 1
or one hundred, or even one thousand, jts provisions. Therefore 1 move that
under like circumstances, with the I it be recommitted to the committee on
ability to make like proof. The prin- j roads, bridges and ferries.
ciple would be ihe same which is to MR.JOWERS—
govern the court in the decision of) Mr. President : It might be that the
the rights of the party claimants; that 'amendment recommended by the Sen-
is. the proof of his residence in colonv I ator from Harrison would be asalutarv
The resolution was adopted.
M A resolution proposing to change a
the amendment suggested is not par- standing rule of the House (devoting
ticularly objectionable to us. one day in the week to private relief
Mr. Bryan so modified his motion as bills) being on its second reading,
to l'Pfinmmif the hill. with thp. flmpnrl- MR. BURNEY remarked—
It occurs to my mind that the reso-
lution proposes to allot'to the consider-
I ation of business of a private charac-
, ter but a small portion of the time of
; the House. Now, sir, from the quau-
! tity of business before the Committee
' on Private Land Claims, it would not
{ only take one-sixth of our time to give
Wednesday, Nov. 16, 1853. ! t a proper investigation, butat least one
The House having proceeded to take halfifthese bills are entitled to the same
up the orders of the day and the busi- C0nsiderafl°n with other business which
np«nntu Speaker's table, and the i comes before us- Further, I do not
know that I exactly understand the ob-
ject expected to be accomplished by the
adoption of the resolution. Is it in-
tended that no petitions, bills, resolu-
tions or reports of a private character
shall be introduced into this House on
any other day but Saturday?
1 shall vote against the resolution.
Thp rpsnlntinn wac Inst
ment, to the committee on roads, bridg-
es and ferries.
It was recommitted.
IDcbatcs in tt)c tjoitsc.
VV. F. WEEKS, Reporter.
Monday, Nov. 21,1853.
Mr. Craw ford, of YVash ington. inlro-
according the terms of the law. This
is a question of principle, and not of
numbers; then where is the reason or
justice in saying that just 20 persons
shall receive tile benefits of the law
and 110 pirkrí> nn muttnr hnw mopitnri.
nna 111 a
very
0__ that
bill, one that might effect materially
the rights and interests of the State.
I move to amend the motion of the
gentleman from Harris, so as to sub- duced the following resolution :
stitute the Committee on the Judiciary Resolved, that the Judiciary Com
for that on State affairs. mittee be and they are hereby re-
MR. IIEILEY : When I made the quested to enquire into the constitu-
motion to refer this bill to the Commit- ¡ tionality and expediency of blending
tee on State affairs, I did it ai'ter con- j the offices of Sheriff and Assessor ami
sidering the subject matter well, and Tax Collector, and report bv bill,
becoming satisfied that it involved
. . . —— -jsvrr-r:-' ¿ , or
one in many cases, as we sometimes j becoming satisfied that it involved no j otherwise.
have freshets which nearly ruin our í legal questions. The bill comes up be- He said he had no ioubt there would
roads, and are liable to have them at j lore us as an earnest ¡>et:tion from a de a difference of opinion in ihe House
almost every season of the year.— | large number of the oldest citizens of ¡with regard to the poíicv of Mwk a
Hence the overseer should have the 1 1 exa*,askingjthe State todo for them
.„• v>,......v. uw*. uiciniHi-1 right to call out the hands at any time ¡ what she has done for hundreds of
— claimants rights, no matter j when such an occurrence takes place, I preemptors,—to place them in quiet
ho%v able to make the proof of rcsi-' to repair them. It is certain that if it! possession of their lands and their
dence in the colonv at the time rcauir-' become ncccssarv to call out the hands 'tomes. 1 .cannot conceive that there
measure. But there was also a con-
stitutional question involved in it
which he would like to see ested.—
There were gentlemen on the .'odiciary
Committee nos&cssinc an hitii order of
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Ford, John S. Tri-Weekly State Times. (Austin, Tex.), Vol. 1, No. 5, Ed. 1 Wednesday, November 23, 1853, newspaper, November 23, 1853; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181708/m1/1/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.