Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 10, Ed. 1, Wednesday, August 13, 1856 Page: 1 of 4
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NEW SERIES.
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Tho absence of the House lteportcr has
compelled us to fill the columns of tho Tri-
Woekly with Senate debates and miscellane-
ous suattor iu order to comply with our con-
tract.
rfThoCDcbatr!i of July 16th in the present
No. xfM obtained from the Gazette Office;
it 'was go incorrect that it was difficult cither
to understand or render it into. English.
DEBATKS IN THE SENATE.
"W. TJRXr2IBL.ti Reporter.
Wednesday July 16 1S5G.
A BUI to Quiet Land Titles.
After the business of the morning hour
had becu dispatched the Senate pro
ceeded to the consideration of its special
oCdcr on "a bill to quiet land titles."
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bill provides that the District
Courts
of this State shall hear and de
termine all suits in which the question of
forfeiture for breach of condition or for
forfeitures or escheats undcr the Consti-
tution and laws of the Republic of Texas
or of this State and in all such suits
either party may plead and prove any
matter of law and fact which the State
might do. It provides that all headrights
augmentations and special grants to col-
onists lying in Austin's or Dowitt's Colo-
nies are confirmed; provided that this
confirmation shall not extend to grants
issued previous to tho 13th day of Feb-
ruary 1855. It releases that right of
UieState to thc original grantees of all
heaflrights and their legal assignees is-
sued to autu.il colonists previous to the
loihday of November 1855 provided
that the condition of remaining in the
country and the provision of law prohib-
iting tho sale to aliens shall not bo re-
pealed by thjfo law and provided that no
title shall be confirmed which was illegal
otr invalid ah initio. The State also re-
leases her riant to grants to original gran-
tees send tnoir legal assignees who now
occupy the lands of their grants provid-
ed that such release shall not extend to
more than ono -league to tho occupant
4 and provided further that the transfer
if any was made after an act that would
cause escheat or forfeiture under the Con-
stitution or laws of the Republic or State
of Texas derived from an alien. Thc
right of the Stato is released to the own-
er of anv Genuine land certificate land
scrip botinly or donutionjwai rant or other
evidence of claim to land known to -the
laws of the Snate with all the rights and
remedies tir.u the State has to lands lo-
cated provi tod however that this act
f;hall not repL-.il an aet to quiet land titles
within the twenty leagues bordering on
the United States passed January Uth
18-11. That when the act of limitations
would quiet an actual settler against an
individual he shall bo quieted against
the Stato and the limitations shall give
ech occupant a good title provided it
does not exceed ono league of land.
That it shall not be lawful for any person
to recover land within thc purview of this
act on a grant deed or transfer made to
a person who loft tho country before the
declaration of independence or who
afterwards during tho struggle for inde-
pendence aided or assisted the enemy or
( domiciliated himself out of the limits of
tho Republic of Texas or on any title
derived from an alien. The last section
provides that it shall not be lawful for
any cou't of tho'Stato to presume author-
ity in any officer to inako a grant from
thc faoo of tho grant whero it is deniod
in tho pleadings nor shall it bo lawful to
provo such authority by parol prooi un-
less it is provided for by some law known
''to the court.
Mr. WHITE offered tlm following a-
mondment to the third section:
Strike out "and provided that no titlo
shall bo confirmed which was illegal or in-
valid ah initio."
Tho reason I move to stnke out this
Viso is that it would defeat tho avowed
f.nptoftho bill or rather tho object of
section ol the bill. I or it I under
stand the intention of this section it is to
confirm equitable grants but which are
) illogal. It appears to me that tho bill has
bo woll guarded tho rights ot tuo btate
thai thovo will bo no danger in making
this amendment in favor of grants which
have equity in them but are wanting in
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legality
CITY OF
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Mr. TAYLOR of Cass : I would en-
quire of tho Honorable Senator if we
were to pass this amendment if itwcukl
not be legalising those grants which are
illegal and which cannot lay any claim to
equity.
Mr. WHITE : It is not intended to
protect any grants except where there is
equity. Thero-.nre other sections of tho
bill 'which it is Relieved will suiliciently
protect the interest ol tho State and ob-
ject of the amendment is to protect equi-
table claims which have riot legality.
There arc many titles of this character
in my own district located within the ten
coast leagues. These parties and colo-
nists have occupied their locations from
the earliest times to the present day.
They arc illegal and invalid and unless
"Y ' . T J 77 .v nut
th.oir homes undcr thc Prions ol
this amendment is adopted they can not
Mr. FLANAGAN" : It occurs to me
sir the object of this amendment can be
very easily understood and I think the
Senate upon proper consideration of it
will be clearly of thc opinion it should be
adopted. If this amendment to strike
out prevails the third section Avill then
read as follows: "That the right of the
State is hereby released to the original
grantees of all headrights and their legal
assignees issued to actual colonists pre-
vious to the 15th day of November 1855
provided that thc condition of remain-
ing in the country and the provision of
law prohibiting the sale to aliens shall
not be repealed by this law."
Now Mr. President I hold that this
is a good la'v in tills particular; that
where pcr&ons in good faith have pur-
chased of original grantees whether they
purchased on a good title or not sufficient
it is that the assignees have remained
upon their location for the period of ten
years Lhey should be confirmed in their
possessions. Perhaps many of them have
erected a valuable property on their
tracts and otherwise greatly increased
its value and certainly no Senator here
would be disposed to deprive them of tho
benefit of such improvements. No sir
there is no necessity to beg thc question
in any manner whatever: for parties
Holding lanu unttcr invalid titles and are
actual occupants of thc land it is the
true policy of thc State as it has been
her past custom to confirm them in their
possessions.
Mr. GTJINN: I have heretofore re-
frained from engaging in tho discussion
of this question; but I cannot vote for this
amendment. I never have nor will 1
ever vote for any bill or amendment
which is calculated to confirm and legalize
fraudulent land titles. Stike out the
proviso contemplated in this amendment
and thc 3rd section of the bill place fraud-
ulent 'titles upon tho same footing with
those that arc genuine J presume there
is not a Senator on this lloor who is in
favor of confirming fraudulent titles and
I trust the amendment will bo laid on the
table.
Tho amendment was then laid on tho
table.
Mr. TAYLOR of Fannin offered
an amendment to come in after the first
section :
"Provided that when thc courts of tho
country declare forfeiture or escheat of
lands said lands shall be declared a part
of the public domain and is hereby re-
served from settlement.
Mr. WHITE: Before tho question is
takon on this amendment I wish to make
a single romark. I am satisfied tho ob-
ject of that amendment is to defeat thc
bill to test the opinion of tho Senato
upon tho bill itself. But why attack tho
bill in thi3 indirect manner? If it has
merit it should pass and at all events an
opportunity should bo given its friends to
make such amendments as they may
think necessary and then let tho question
be takon on tho merits of the bill. It
may bo however that we had as well take
the yote on the merits of the bill now as
at any other time. Its general principles
are pretty woll understood by this body
and they are altogether compotcnt to vote
intelligently upon the mam question now.
I contend that such a bill is demanded
is almost indispensible. Wo have existed
as a Stato for many years and we know
many of tho titles to land in tho country
aro invalid; the rules of law aro as yet as
undefined as they wcro tho day we first
AUSTIN AUGUST
had an existence. It is for tho purpose
of defining tho rules of practice in refer-
ence to the investigation of land titles so
that when a case comes up for investiga-
tion thc courts may know on what side
of the question tho case belongs.. The
reasons for passing this bill are various;
but tho most important may bcfou)d m
the Constitution winch rroviues (Art.
XII. Seed.) "That all fines penalties
forfeitures and escheats which have ac-
crued to thc Republic of Texas under thc
Constitution shall accrue to the State of
Texas; and the Legislature shall provide
a method by law for determining what
lands may have been forfeited or escheat-
ed." This section of the Constitution
contemplates tho passage of such a law as
that now under consideration.
Whether or not the couits of tho coun-
try are authorised to take any action upon
this subject now or whether or not the
construction they place upon it is right
is a matter immaterial to the question
now at issue. It is sufficient to know the
courts have refused to investigate such
claims as are contemplated in this bill
unless tho legislature shall point out a
mode by which forfeited lands shall be
re-ascertained. I think it is now for this
legislature to say whether such a law
shall be passed or not.
Mr. President an examination into tho
history of this character of claim will
prove to us that injustice is frequently
done them. It it known that the Govern-
ment of Spain from tho time of her first
colonies in tho Tndies did grant large
bounties of land to those who emigrated
to her ncvly settling domain.
Mr. ARMSTRONG: Mr. President
I have had no opportunity to examine
this bill as 1 should like but from a casual
reading this morning 1 think I can dis-
cover sufficient merit in it to entitle it to
thc consideration of thc Senate. This
bill sir is to cnablo those who arc inter
ested in land suits tho privilege of plead-
ing anything which the State could or
might plead. The spirit and genius of
our republican institutions is favorable to
a free unrestrained and impartial inves-
tigation into all cases of litigation neces-
sary that the right should prevail and a
true judgment found. To refuse to sanc-
tion such a bill would bo virtually ap-
proving fraud; for he who refuses to al-
low frauds to be investigated and made
known should certainly be held highly
culpable in the estimation of the commun-
ity. And in this case it would be saying
in effect that the titles of tho country
should not be investigated; that the exa-
mination which is allowed in all other
matters before tho courts shall not also
apply to the possession of land and land
titles. But Mr. President if wo refuse
to pass a bill authorising the State to in
vestigate land titles then let us authorise
individuals who may have conflicting in-
terests in controversy to try their cause
in the courts pleading all things neces-
sary to a full investigation and a correct
judgment according to the principles of
equity and law.
Mr. President there is an amendment
pending which provides that lands which
have been found to be forfeited shall es-
cheat to the Stale and be set apart and
reserved from settlement. Now I cannot
see that that amendment is based upon
justice or equity. For after tho defend-
ant has been at the expense to investi-
gate titles and it at last is proved to be
forfeited thc land does not reerl to him
but must revert into the public domain
and be reserved from location. Now I
ask. is there reason is there justice in
such an amendment? I cannot think
thoro is and I am confident in the opin-
ion that this amendment has been pro-
posed to defeat thc bill and 1 trust Sen-
ators will bear this in mind when the vote
is taken on its adoption. There have
been frequent calls made upon the Legis-
lature of thc State to pass a law authoris
ing investigation of titles and these grants
were generally made upon certain speci
fied conditions or obligations to be per-
formed by the grantor. The title to such
grants was imperfect until these obliga-
tions were performed; and it is known
too that tho grantees never did perform
them. And when the grantee failed to
perform such conditions ho was ousted
from his possession and tho land granted
to another. At the time of hor declara-
tion of Independence Texas found her
18 1856.
TvMquiuiarMxaaa:rirejiimiiujiu;tiTjt.u
self precisely in this condition in relation
to her lands. But after that timo when
colonists from Europe and from the Uni-
ted States came into tho country who
wero accustomed to different methods of
holding possession of lands; she commen-
ced granting absoluto titles attaching no
conditions to tho possession or if she
did attach conditions they wcro of a dif-
ferent kind from those common to thc
Spanish Government and to Mexico.
When our courts wore established they
gave a preference to tho old Spanish ti-
tles. The title of old Mexican claimants
were brought up by speculators against
those who had defended this country and
who by their bravery and devotion to thc
cause or Texan liberty achieved our In-
dependence. We sec tho rights of tho
old citizen soldier spuncd from our courts
while tho old Spanish or Mexican claim
have a standing in the tribunals of thc
country bought up for a hundred or two
dollars by some avaricious speculator.
Ilia title is allowed to prevail over that of
the wealth' citizens of the State. It is
for the purpose of taking this character
of claims into tho courts of tho country
that this bill has been presented.
Mr. WHITE : Before the vote is tak-
en on this amendment I propose to make
a few remarks; I am satisfied that thc a-
mendment is intended to test the bill as
to its final destiny. But why attack it
in this indirect way. If it has merit it
should meet a favorable consideration if
it has not let the friends of it make it as
perfect as possible that it may be tried
on its merit and not choaked in embryo
and its enemies guilty of infanticide. But
this amendment is to trial and perhaps
it may lose nothing by atrial. Its pro-
visions are generally known and under-
stood and Senators will bo able to vote
intelligently on the main question.
The object of the bill is to provide a
! mode by which forfeiteddanda may be as
certained. 1 contend that thc circum
stances of the State demand such a pro-
vision. Twenty years have elapsed since
this State entered into contracts with her
citizens which involve this necessity; sub-
sequent legislation seems to have inter-
rupted tho remedies which was secured
to the citizen at thc date of the contract
and the channels of justice have been
stopped to them from that time to the
present thc courls have declared that the
Legislature mu'st take the lead. Tho
reasons for the passage of this bill then
aie obvious; first the Constitution. Art.
12 Sec. 4 contemplates the passage of
such bill secondly the interests ol thc
Stale is that disputable rights may be
settled. Twenty years have elapsed since
the contracts have been performed on
the part of tho volunteer and tho State
subsequently interposed differently and
for ten years has refused to remove them;
sheer justice requires the passage of this
bill.
Thc amendment seeks to thwart tho
object of tho bill by reserving the forfei-
ted lands from settlement; this is simply
to take by legislative enactment the right
that one of the parties has to these lands
from them and vest it in tho State or
which is more sliictly correct to vest in
thc other party as no ono would investi-
gate these matters on their own account
for the benefit of tho State. Tyrannj
in its most aggravated shape is no worse
than this for it is well known that the
right of locators wcro acquired by tho
existing laws and that tho right to de-
nounce and appropriate forfeited lands
was never denied until tho adoption of
thc Stato Constitution and 1 hone the
Senate will not perpetuate so glaring an
injustice.
Mr. FLANAGAN: Mr. President
I beg sir to trespass upon tho timo of
the Senate to present some views on this
subject and at this timo I have the regret
to differ from the views of this bill taken
by my distinguished friend thc Senator
from 'Fannin Mr. Taylor.) I have no in-
terest in this question whatever as there
are no titles under dispute in the county
I represent on this floor. And sir in
the- investigation of this subject I think
it becomes the duty of every senator to
look directly to tho interests of tho state
and iu doing so ho i3 required only to
inoto out justice to tho people of thc en-
tiro state; for it is tho principle ol gov-
ernment to protect her own citizen!. As
Utt?. already been justly remarked by tho
VOL. 1 0. 10
HMRlWRBm
nRROB
honorable senator from Williamson (Mi
Armstrong) laws to quiet land titles havo
been enacted time and again to relievo
various portions of tho state. I remem-
ber to havo voted for thoso reliefs in eve-
ry instance and if I lidd not done so I
would have been compelled to give this
bill my sirppor't for I l hold that when a
representative finds that ho has voted
wrongly ho should reform by coming back
to the right. As I have before remarked
various portions of tho stato havo been
relieved by laws of this character. Tho
citizens of Galveston City asked for re-
lief to allow them to determine the titlo
to Galveston Island. Suit was instituted
to determine whether or not tho Island
had been properly disposed of the deci-
sions having been made tho right was
found to .vest in tho stato. Galveston
city asked that tho right of the state to
that Island be granted to that city and I
am gratified to know that I responded
favorably to that request; and it is suffi-
cient for me to know that there is merit
in any measure to give it my unqualified
approval and support.
Well sir what is tho intention of this
Bill ? I hold that it is simply a bill to
quiet land titles and to allow patties to
investigate their titles boforo the Courts
of the country. A may sue B to try a.
land title to soino particular landB which
they hold in controversy. What is tho
consequence. If on examination of the
law it is found that tho plaintiff in tho
action is barred by the statute of limitation
to whom will tho titlo inure? If under
our laws it is found that neither party
havo claim to these lands tho occupant
still remains in possession he is protected
in his rights. Thc Sonator from Starr.
(Mr. llord) argues that tho lands found
to be forfeited should inure to the State
although it may have increased in value
since) it was located ten or twelVo dollars
per acre "by the Improvement of tiuToc-t
cupant. Then sir thc speculator who ar-
rives in tho State yesterday or to day will
be placed on an equality with the honest
occupant who has been a resident citizen
of tho State for many years past'j I
do not say this to create a prejudice'
against the speculator nor am 1 dispo&ed
to advocate his cause on this occasion ;
but sir I am in favor of giving the pref-
ernco to thc actual occupant. Tho bill
now before 'the Senato contemplates just
such action in favor of tho. occupant.
Let the State relinquish her right to lands
in controversy and ultimately it will bo
found the occupant will remain secure in
his possessions. Tho Legislo-tuYo will
come to his relief just as it did to tho re-
quest of the city of Galveston.
In the course of the debate had on this
subject various sections of the Bill havo
been commented upon at length. Tho
fourth section of tho bill readsas fol-
lows :
Si:o. 4. That the right of the Stato is
hereby released and granted to all orig-
inal grantees and their legal assignees
who are now actually occupying' tho
lands of their grants provided that said
release and grant shall not extend to
more than one league to the occupant;
and provided further that tho transfer
if any was not made after an act that
would causo forfeiture or escheat under
the Constitution and laws of thc Republic
or Stato of TexaB or derived from or
through an alien ; and the right of tho
Stato is also hereby released and granted
to tho ownor of uny genuine lund certifi-
cate land scrip bounty or donation war-
rants pre-emption or evidence of claim
to land known to tho laws of this Stato
with all the rights and remedies that thc
State has or might havo to tho lands lo-
cated provided that this act shall not
repeal an act to quiet land titles within
tho twenty leagues bordering on tho Uni-
ted States ci'tho North pusacd January
5th J-ll.
Now sir where can be tho injury of
such a law if the occupancy is based upon
a genuine certificate issued not in fraud
but upon "headright certificate bounty
land scrip or evidence of claim to land
known to the Stato of Texas." Nothing
can bo more clear the bill is strictly
guarded; it speaks of tho different kinds
of certificate! "landi scrip pre-emption
and other ovidenco of land known to tho
laws of this Stato" nothing iuvalid
nothing in fraud.
Then sir hero is tho 5tb section;
2f
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Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 10, Ed. 1, Wednesday, August 13, 1856, newspaper, August 13, 1856; (https://texashistory.unt.edu/ark:/67531/metapth78457/m1/1/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.