Tri-Weekly State Times (Austin, Tex.), Vol. 1, No. 10, Ed. 1, Wednesday, August 13, 1856 Page: 2 of 4
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Sue. . That. Afliorojth'c neffof limilaj pending. And J. trust will mo longca DcwMtt'odlouijn nml ih Ifislior aiffl Mil-1 go to the Stale lie opjgwi lira legis-
tionsVould quiet timaotual settlor against (lolnytfd. J csiniiotgc.t tWbill passed ler'solony. ruin sorjyngnin (lint we I Intion because of the exppnno to the
sin individual hc!eTsliqlslmll lie quieted l! anvillinglo take the hM T caii gety ilitl.-iiot have thoco-opcratl6n oflhc dis-; Stale hi passing the bill with no income
against tho. Sfitlc aud the htnitiftioifs for af 1 havl before remarked the iirftfj tinguished Senator fwm Williamson. J to thoStalo. All gcrkdrul lava uio
shall uivosuch oocuimnt a good and valid I section of this bill provides for my own I Mi ARMSTRONG': rMiturru-ijlinxi; '. passed for the benefit of the people at
'' title to his claim provided it shall not
exceed one league of land.
sNow' si$it seems to inc.' that this lan-
nitage..is full. and. conclusive and all
things considered I don't think it can boapr evented by the
crioualy objectionable to any membcrl'son (Mr. Armslv
una if it is m order 1 will oiler an amend-
ment tt) tho amendment offered by the
tpnator from Fannin (Mr. Taylor):
Provided that all persons who have occu-
' pjed their lands ten years shall have a
title from allpra'ties tho Stale included-
to4a league and labor. u t
jr.Mr. a:ArLOR'of Fannin:'' Will tho
Senator please read tho 8th section ?
wAfr. .FLANAGAN: 'Section Gth
rca'da as -follows.: -
-v"fl.'hat it -shall not be lawful for any
person to recover on or defend an action
fondand within the purview of this acfy
on a grant deed or transfer made to a
portion Who abandoned tho country before
tho Declaration of Independence aided
or assisted tho enemy or domiciliated his
or herself bub of the limits of the Repub-
lic" of' Texas on on any title derived from
hrough or by an alien."
?FSeo. 8. Thurit' shall not bu lawful for
any-1 Court of this State to presume' an-1
ihovity . in any officer to make a grant
from the face of tho grant where it is
denied iu the pleadings nor shall it bo
bo lawful to proVo such authority by
parole proofs- unless it is provided for by
some law known to and within-reach of
tho Court.
Mr. GUlNiST: I thai not attempt to
make but a single remark in relation to tho
milinrf nnw undoi nmrtstilAvnf-imi. 'IMio
. "V- ""' ."' . " """" . -"- . -i. ..-. ...l. .i. i ....V. '.Mr 'i . 1
citizens of my district are as much inter-' L" "io wnas minis arc lorieneu to
constituents all T desire.
Mr. TAYLOR of Fannin : Mr. Pre
sident 1 feel culled upon to make a low
observations in reply- to the arguments
i Senator from lllium-
rong.) l' have a distinct
recollection that at a former session of
the legislature when a bill to quiet land
tiiles'was before the Senate 1 introduced
an amendment to allow parties in litiga-
tion to plead and prove any tiling which
tho State would be competent to plead
and prove and strange to say the Sen-
ator from Williamson voted against it!
I am sorry that 1 did not have the distinguished-Senator's
support and co-operation
on that? occasion. Well sir what
arc the objects to bo accomplished by the
passage of thib bill V From its caption wo
learn that it is a bill to quiet land titles!
1 am ready to confess sir that 3 cannot
see hoy the mere authority to individuals
to plead and prove anything granted in
this bill can effect that object. Wc are
all aware that there arc many adverse ti7
tics to hind in tho country and J would
not have it understood here that 1 am in
in favor of the pld titles of the. country
but I am decidedly in favor of passing
such laws in relation to this subject as
will produce the least litigation in the set-
tlement of the conflicting interest bolw eeii
parties holding tho old titles and those
who have located on headright certificates
bounty land warrants and other evidence
of claim to land known to the State of
Texas. It has been remarked that .the
constitution of the State actually requires
tuat tne .legislature snomu pass some law
estcd in the passngo of the bill as the
people of the Stato arc in' the subject of
internal Improvements And I will
further remark that the first section of
tho bill is all that is desired by the con-
stituency I represent. In my' own dis-
trict the great controversy has been be
tween the old claimant nnd the holder of j
tho State on account of any compromise
which may have been entered into be-
tween individuil owners under authority of
the Government of Texas and the repre-
sentatives or assignees of Mexican grants
then tho first .section of this bill coupled
with my amendment is all that is required
under the constitution. That amend-
thd eleven league claim; nnd all wo wish! m(-'n.fc proposes that the luiiJa 'which may
lsulhn. ihrr nM n n mrinfir in nl nwn 1 m ! "" ivuiiu iu iiap ueeu lunoueu suau.re-
vert to the State and be declared a part
ot the public domain and it is reserved
irom JociHiojlor uLllcincnt.v The bill
howovor provides that it shall be civon
'to tho party bringing suit.
Mr. 1 resident in my opinion the real
object of the bill is not to ascertain what
lands are forfeited to the State but to
confirm titles to parties who have gone
and located lands on tho public domain
in violation of law. It is well known that
a large number of the old claims in the
country aro undecided and many of
them it is believed arc fraudulent. If it
was intended to benefit the original set-
tler my objection in part would be re-
moved but such is not the case. These
lands have been located in violation of
the laws of the country upon land held
by tho old grants and now I ask this
Senate is it right or proper to confirm
theso locators who have violated tho laws
of tho country in their locations while tho
citizen holding his headright certificate
bounty htnd warrant- pre-emption shall
not be allowed to locate his certificate
under tho same privileges? No sir
thcro is neither justico or. reason in it.
Let it be declared a part of the public
domain whore all will havo a chance to
locale their certificates to the best ad-
vantage Again sir I object to this bill becauso
it authorizes tho Stato to interfere with
tho interest's of individuals; to interfere
with llis private rights of individuals and
further tho fact is potent upon the face
of tho bill that it is calculutcd to operate
to tho benefit of the speculator. For it
is1 not intended to determine what lands
aro forftMtcifto tho State hut lo benefit
tho. land speculator who institutes suit
against tho honest occupant and ousts
him from his location and his home; it is
unprecedented in out legislation and un-
heard of iu tho history of any country ;
an outrago upon tho privato rights of in-
dividuals and totally subversive of the
principles of law and justico. Iu accord-
ance with tho deoisions of tho courts
lands which- havo been proven to bo for-
feited escheat to tho Stato ; but sir wo
aro met by tho argument that it has been
tho policy of tho legislature to interfere
with tho privato rights of individuals to
settlo disputes in regard to land titles.
Sir I havo novor voted for such a meas-
uro; I havo never known the legislature'
to pass suclriv law nor havo I over .known
the j3tato fo intcrforo between ptivties liti-
. . . v i . . j li - a m . :.. j i i-ii
lo cotsi'ch a law niiMou. but tiiQiffSf "" ll JS iio sir mero wero uuis
ialuro refused and tho question U still' passed lo quiet laud titles in A wilu'n and
privilege- Of pleading (in- 'the" -lslrict
Courts any thing which tho State might
plead were she-defendant or plaintiff nnd
tho 'first section as LundevBta.Twl-itxuveLHJ
that ;groumi. 1 look upon tho amend-
mont'now pending as a thrust at tho bill
jMcM trust 'will be regarded as such and
voted down.
Mr. Prcsid'ont X havo nothing lo con-
cBal on1 thiaquestion'. My object is to al-
low the individual who has located a head-
right certificate Avhcthor it'-bo a league
and 'labor one-third of a league ov a 6-iO
sliall liavo tho right to investigate tho old
v title and if he can prove it fraudulent
th'pn ho will l'ecoivc thti bonofit of it.--Ifit
still continues to bo the policy of this
Xcgislature not torauthomo tho State to
enquiro into tho titles of their- country
tlicn let individuals mako tho.saroo en-
quiry at their expense. In the district
lfoprc8cnt on this floor tho peoplo have
sottloit these titles in part and 1 believe
- they- hftve-settlcd them iu ivccordance
wxtlv tho laYv m this "way ; Tiey have made
distinction between grants
precedent and subsequent or in other
words you cannot instituto an investiga-
tion .unless fraud may ho presumed-; that
no ovidenoo of the original graui can ovor
result in a forfeiture Ulhon wo ask that
thosc.who havo located their headright cer-tifiontcs-upon
sub-grants may Lave tho.
right to plead and provo anything wnlch
tho'Statc could' plouii;-and if tho Courts
oft tho country 'decide in -favor of tho
eleven louguo grants the people in my
district will be satisfied. I havo travelled
llfronglriv'considuniblo'poi'lion of easterly
Texa3-and tnopeoplj) are 'clamorous ou.
tho subject. Tho oxeitemont is intense
iio much so that t-hoyvould bo tempted
to'toke tho life of tbiair own eithens and
neighbors. As tho law now is they are
debarred from entering tho Courts to in-
rosjtigato and settle theso conflicting
claims. Tho peoplo of Liincstono and
Ji'reostono counjipsj say ( Givo us a law
by which wo can provo nnd plead tho
Tacts' as they actually exist" and if tho
'5decu3iGfMS ngawst thonv thoy will .vomain
-' "satisfied. They nsk no particular privi
leges n special favor nothing to favor
HUscqumt class of litigants;- and if this
'ij'-not granted it is probablo the land'ti-
tjb& in this rog-ion of tho country will re-
main in ai slate of confusion for many
yeai-H to -come. A law similar lo-this
should havo boon-passed many yearstigo ;
'h 'ISSff-''!)- there wero efforts made
Perhaps if the gentleman will examine
the record he i will come lo a different
conclusion." '
Mr. TAXLOKof Fannin.:Then 1
tho expense of tho Stato. as well as the
special. Soothe legislation lu retoforo. I
'i ii.. . r i iin m .nr.ii itiiiti i. liri: nn i iit.n '
jl uiMiv tun; jji'i.'iiiuui; tuii u"i ii:itit3v
to pass this bill giving to individuals the
am mistaken in the truth of history. ; right at their own trouble and expense
Now sir these aro facts and 1 trust I to investigate tho forfeitures and rceehe
they will be maturely considered by thoiti benefit ot inoir tabor.. Jt is unjust
Senator.
Mr. President the. Legislature of the
State have passed various laws to confirm
tne tuies ot locators in me several coio
after so mdeh legislation for the benefit
of individuals at the cost of the Slate to
now take from the individual contending
"or the forfeiture tho profits of his labor
nicSjwho had gone tlierc contrary to law. Who would Or could undertake such an
In-PeterA' Colony (vast number of' Colo-J examination on such tonus?
nisls had settled upon the alternate sec-1 Mr. TA YLOU'c-illoilbr the ayenand
tio'hs contrary fo tlie law and the con
tract. The people became cl.imoious to
have their titles confirmed and distracted
tho whole country and the Legislature
was compelled to pass a law for their re-
lief. What has been the refill V Ilefoi e
the passage of that bill tho people were
in anus tho land oilice was broken open
and its papers taken possession of; now
all i-j quiet and every hill is dotled with
a cottage and every valley smiling with
green fields and plantations. The people
arc satisfied and peace industry a:.d
enterprise arc now observable in that
colon'. Uuf sir if wc pass'thi- bill if
will disturb the peace and 'harmony of
the country. It will break in upon the
titles ml'ielicr k Miller s Colony Peters
noes on tho vote on the adoption of the
amendment which were ordered and the
vote stood ayes 13 noes 14.
So the amendment was adopted.
Mr. GK1MES: 3 move to strike out
all after the first section of the bill.
The question' being put the motion
prevailed.
Mr. PALMER offered rn amendment
after the word ''party" add ".in ac-
tual possession of the land for which the
suit i-3 pending and piovided "that this
act shall not apply against the party in
actual possession." 1 understand sir
the object of this act if to protect the
actual1 settler jtgainst the eleven league
uiaim : and according to my opinion no
parly should be allowed to plead tins tor
Colony and. probably will interfere with : fciture unless in actual possession of the
titles 'west of the Nueces rier. and dis-iland; and I present the question dis
turb those that may be m litigation.
Now sir is there any necessity for pass
i ifin "i- .i i.t
mg sucli a mill Do toe wants oi i lie
people demand itV 1 cannot think so.
Mr. President 1 am heartily in favor
of passing a bill lo protect tho State
from frauds and I will go as far as he
who goes farthest to pass a bill to detect
fraudulent titles; and if the Senate will
strike out all after the first section of the
bill and adopt my amendment I will give
it my support: but I ill not vote fur
tinctlv. whether this legislation is to ben
efit tho land speculator lo benefit the
land locatcr or the settler '! i go further
and am willing to protect all such sct-
tleis as were alluded to b- tho senator
from Cherokee who have settled on the
eleven league n;ranl.
Mr. ARMSTllONG: T agree with
the senator Ihd'f it should be the policy
of the Slate to protect the occupant in
preference to the speculator and fo f.n
as 1 understand the amendment. I am in
any bill' calculated 'io d 1st tub the peace j favor of it.
of the country. J hope the LegishUuie' On motion the Senate then adiouined.
..i . .: f- . . . ' . - ' 'i i
will refuse to interfere with the private-
rights of individuals but will adopt my
amendment and let the lauds which may
bo forfeited inure lo the benefit of the
State.
' Now. sir if tho' friends of this' IfiU'.-ire-sincere
and anxious fo know what lands
are forfeited 1 am in for it but sir I
will never vote lo "ivo anv o'ne'who is
disposed to litigate these questions thd
benefits of the forfeiture. Ail the con-
stitution requires is contained in the first
section of the bill.; to that 1 have no 'ob-
jection than to adopt 1113- amendment and
the forfeited laud is disposed of.
But no h no; that does not suit the
friends of this bill: thay want tho laud
to go to tbo locator who may havoloca'ted
over the homes of the old settler to which
I shall always object. My amendment
docs not cripple any part of the bill which
intends thus to carry out the 4th section
of the 13th aiticlc of tho Stale constitu
tion. My amendment has drowned the
fire of the friends ofilic titatc and their
opposition to the amendment show plainly
what ia their object.
Sir I will npver vote lo aid the land
speculators ofthe country in their schemes
lo disturb the suit of the settlers of the
country By legislative provisions.
1 am willing the hmd should inure to
the benefits of the settler if there be :ury
on the land; if no settler is on it let it
go tb tho State and let us use it for pur-
poses when tho Legislature may here-
after direct.
The amendment was adopted.
Mr. ARMSTRONG: Iain pleased
at the remarks of the senator from'Starr
luit ho mistakes as respects the past legis-
lation on the subject of land. All inves-
tigations and confirmations of titles for
land have been at fho expense of the
Stale to wit: for tho investigation of
land titles west of tho Nueces river ; to
prevent locations in Austin Do Witt and
Do Leon's colonics; quieting titles in tho
frontier leagues of the north ; relinquish-
ing tho right of tho Stalo lo land on Gal-
veston Island; quioting the titles of Tal-
bot Chambers; to prevent the location
of hinds inllexar county; lo prevent lo-
cations in Milam colony; and all the im-
menBo amount of legislation for tho ben-
efit of Fisher aptl Miller Mercer Castro
and others all at the oxpenso of tho
Slate and all for tho benefit of indi-
viduals. Now) Mr. President this bill proposes
that individuals shall havo tho right to
show the forfeiture at their own cxponso;
yet the senator from Starr opposes it
unless the hinds when io forfeited shall
Cn'lif&rniu.
We copy below fiom tho Houston Tel-
egraph copious extracts from a Califor-
nia letter :
: i'inv.cisc.'0 June 24 18"G.
Bear Sir : 1 can scarcely find words
to clothe my feelings for how much I
have to say. You arc aware no doubt
ere this that a body of men styling them-
selves 'the ''Vigilance Committee" lave
now full control of this ill-fated city. I
might say the entire State for wc have
but two fico presses in this city and but
few in the State. The buhmce have ei-
ther been intimidated or bought up.
Some few no doubt think their ctiiie is
right. This body 01 men stj led the Vig-
ilance Committee aro as mysterious in
their actions and as fatal iu their dis-
pleasure ii". the inquisitions of old.-
Once enter their fort- (which i3 now' a
fire-proof building on Sacramento street)
and you arc brought out dead or with the
sentence of. banishment passed on you.
Hero follows a detail of the circum-
stances of (he killing of King and the
execution of Casey and Cora.
:: :;" They havo experienced
the sweets of power and arc loth to dis-
band. Another victim Qankee Sulli-
van the prize-fighter Is arrested. The
organs of the committee assert that he is
the chief of the ballot-box staffers. .This
man confesses his crime and informed
the committee who wero his accomplices.
Some malicious or thoughtless person on
guard worked upon his fears; and he com-
mitted suicide so say the committee: out-
siders have no means of knowing the
truth. His body as was the case with
the men that wero hung Was given" to
the Coroner ; of course the committee
wero near and must serve on tho jury.
Verdict suicide'; instrument used a com-
mon caso knife with which ho nearly sev-
ered his left arm. More arrests aro'made
caused by Sullivan's revelations. Mulli-
gan and Duano are of tho number; it is
now woll known that they are to be ban-
ished from the State. The Governor noiv
declares tho city in a state of insurrec-
tion. Judge D. S. Terry having issued
a writ of habeas corpus for tho body of
Mulligen which tho Stato officer could
not serve being refused admittance by
the committee. Tho Governor wakes up
but it is too Into. Tho connnitteo num-
ber their thousands of Germans and
French besides what Northern Americans-that
first started tho movement.
The Govornsr is responded to by a few
ofthe commit tec. who know their strength
and wif-h for 11 light. Tho Ctiiard M'o-
iHk) tne thousand choice French rcfu-
ejoas and zmnat walked are freezing for
a fight. Well they almost have one.
Maloney an officer detailed by the Stato
authorities to bring arms from the State
prison to this city was in the discharge
of his duty having the arms on board a
sloop. The Vigilance Committee having
received Information ofthe same sent
one Durkcc with an armed schooner lo
intercept and steal the arms as would :t
genteel highwayman steal your purse
peaceably if he could and forcibly if ho
must. The sloop of Maloney had her
usual compliment of men which did not
exceed four persons at the utmost ; Ma-
loney had one assistant with him tho
sloop lay at night at anchor becalmed
when she was unexpectedly boarded by
those valiant geutlemdn the Vigilance
Committee in numbers sufficient to war-
rant success. The arms were immedi-
ately transferred on board tho vigilant
vessel and both sailed for San Francisco.
The morning papers with two honorable
exceptions the Herald and tiun.) trum-
peted forth to the world another blood-
iest n'ctoru ocr the Governor's forces.
Suit is brought against Durkoo the vigi-
lant commander before the Lr. S. Com-
missioners : Maloney is a witness in the
ease ;. fhirkoe is arrested by the lT. S.
Marshal ; any amount of bail is offered
for nib appearance in court but no bi.il
will be taken. Well another dodge must
be tried. Maloney is a witness signing
a vigilant ; 'Maloney mutt be put tut of
tie Vi.y. Maloney must be arrested put
in the JJastile: and sent out of the Stato
in the next steamer. Cue Hopkins is
detailed from the ligihmts lo bring tho
poison of Maloney to the rooms of tho
committee. Hopkins finds Maloney iu
the room of Dr. Ash. the navy ag ut of
the parish : in company with Dr. A.-ho
were Judge P. S. Terry Col. Roue and
Mr. H. Rbwiu Hopkins i ouleied'to
leavo the room of Dr. Ahe s.nd olfoys.
Hopkins thinks bis force outi-idc not suf-
ficient leaves for the habile and report
that -he h 1 existed in the discharge of lii
duty returns before the bulk"' of tlievig-
ilnnts anio; finds Ashe and his party
crossing tho street; for the jmpose of
entering the Aimory ofthe Dlues.
Terrv and As-ho had their guns :.ud wcio
walking 'behind Maloney; the crowd
pressed : J erry warned them oil and said
that he -was Chief Justice ofthe State1
and Commanded the peace : the nu h
pressed on ; a pistol was discharged by
one Russell (who now Mates that it was
accidental) A.1 he stumbled : Hopkins and
Terry weie stri'Sirlii1" at the time for the
gun Terry suppling that his friend Asho
was killed end that hL oWn life was in
extreme danier lets jro his hold ou the
the trim draws his knife and strikes in
defence of his life. 'John's head wa.-t
partially hold down by Hopkins but the
weapon took effect making a lingo gash
in the neck of Hopkins who run on ie-
cciiucr the same. Ashe And party walk-
ed into tho armoiy; the vigilance bell
struck the ahum ; in Ion minutes four or
five thousand armed men surrounded fli
aimory and inside Wore but feW-. Ashe
eame to the window :.nd stated that to
save the effusion of bleed they would sur-
render provided they were treated well.
The proposition w.;s acopt-pd ; carriages
wero 'procured and they were drawn to1
the bastile under a strong- guard the
balfenco of the heroic vigilance men pas.J
a drill room of the law and order party-
where perhaps less than one hundred men
were lounging being off of duty. Well
hat could that forco do with over a thou-
sand demons? They surrendered the
officers were to retain their side-arms
and thoy wore lo be well treated. Well
but such was not the case; their arms
were taken sway and these men who had
responded to tho Governor's eall wero
marched liaird-cuffed'to'T-hc1 committee's
fort. Next morning nearly all wore re-
leased after undergoing the scrutiny of
the Fouches committee. Several men
were kept in prison man)' days through
mistalce. I do not like to write it my
skin creeps to think of it ; but you will
know it soon and I may tell you. Your
friend D. S. Terry was'hand-cufied after
he was in tho buildings occupied by this
usurping body. Now things look gloomy
mo jjjuuus 01 a erry ncrein tne city aro 1
low ; the cowardly scoundrels in and out f
ot the committee know that tho only man
that thoy feared is caged. They tukft'
up any and every little misdemeanor that
will toll against Teny and they autuolly
manufactuacd faults and crimes; fho
outside rabble belonging to the committee
cry long and loud hang him hang liim.
The friends of Terry smilo with scorn ;
thoy know that the directors of.tlie com-
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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/m1/2/: 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.