The South-Western American. (Austin, Tex.), Vol. 3, No. 41, Ed. 1, Wednesday, March 24, 1852 Page: 1 of 4
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CITY OF AUSTIN TEXAS WEIjgSDAY MARCH 24 1852
($4 at the end. of the Year.
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ORTED BT TO. F: WEEKS. I
Wednesday January 14 1852.
. -The bill entitled an act Jo relinquish; the Tight oT the State
.to certain lands therein named was taken tip and read.
Mr. BEE said: The bill before the House is intended to
co'mplete jind.carry out the act of February 81850 in rela-
itMloUa'ad titles vest-oPtheiNuecesarid it : will perhaps be
appropriate to give to the House' some of the reasons which
induced the Legislature to. pass thafcbill at that time.'
in me organization oi ine counties west oi; Toe iueces in
1847Jascounty.'clerk.of the county of Webb was called
DDonbv thp. citizens ofthatcnnntv.. whn nrASRnfp.fi thnir'tirlps
Cuttjfor me to transmit them to ihe seat of Government to be
reguiereu. anu piaueu in .ine iana wmce. i accoramgiy
Land Office. SoonSftef f received ja letter from that officer
--
J-.
.returning the packages unopened and.giving'as a reason that
i"itheie'"was no law Hvwhinh fhnsp fitlps omilrl hp ripwivprl nr
--T.Hht .fc. r- .- - - r -j-.- - . - -
lST gsteredin lheeneral Liand Office. Mr.
Bee then read
ieSfrom the Journals of the;last Legislature a Report of George
?W- Smyth CommissioSerof the'GenerafJJand Office with a
-Ietter -irom4he Attofaey General J: W. Harris relating to
?this subject and cohtSthedl This -will show to the House
tjiajUhe'titJhjptandimyhed by citizens .upon the Rio Grandp
Swrere'iused Tcgistration in ;thc General Land Office. The
''Wulfout a line or marlc to denote' the Jands;Of thousands
tti
?5 of its settlement.
Sleave their lands to
$y will contend for
the interest of the
Wse lands were settled
ti..u i
jyum ucuuiiieu suurce
one who has visited
Mvith the situation of
JNIexican inhabitants.
ices mav have been
l Rio Grande and be-
cannot fail to svmna-
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o
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ot settlers whose lorelathers and jamilies had lived upon
them lor more than a hundred years. Under these circum-
g 1 stances 1 came to thef.last Legislature and laid before that
kiTS J nndv a stntp.mnnf. -nfs-flipir 5itnnlinn ThnV. hntlv rlnlv im.
VkltiV.J- Dressed with the lmnortance of ihesnlnpnh nftpr ftnnsidirah!p
sJ- i ... . - -Z.r- ' ------ -. .--- J --'-
XJy . deliberation and after discussing the various modes which
Sus"y presented lhemselvesibr remedying these difficulties finally
vt -ktccu. upon me apnoinimeni oi commissioners 10 innuire in-.
tip these titles to receive the testimony which might be sub-
mitted in relation to them and to return them to'the Lesrisla-
' "lure with a full report foe confirmation or rejection by this
" hodvl That. rprinrt hns nonr-lbppri tnnilor it Vijiq nndprornnp 'n
"3&";0Ber scrutiny than any other matter which has been before
L.-VSi-OM -flllAT T.ocrTclcitllt-a- T1!!! nnmmittaa Tlinrvi i Viae Kaon cnli-
iiyi "'initted have investigated every claim and thoroughly exam-
- T.i: inpn nnrl TTnlfrno1 fVio oninon'na Kt. txrlitoK it le nnnnptarl 'Plinir
"TT .-. .. lwou ..l j .AUVl.Vi U II llibU II MCUI'UUl IIUl ...Alt V
.1a';j i i - c t. i r Mf .!.
?iuupieu ruies ueiorcuand ior ineir government in me investi-
gation and submitted each claim to lhat test. Such as have
passed the test are now before this House for its final action.
They are recomerided to the Legislature because they are
genuine and good grants j because .their confirmation will be
An -act of justice to a large class of meritorious citizens whose
.ignorance of our Taws and cusloms entitles them to the fos-
HYimgcareof the Lpgislaiure of the country; because this act
$ -F". bnngjoy and happiness to the hearts of thousands who
a -are'iiow looking with anxiety to the proceedings of this body
tftwkiy.
3I I Jkope the bill will meet Avith no opposition.
-Ifr. BRYAN of Camt;ron: The bill before the House is
one in which it is" well known tnat the Rio Grande delegation
feel a tleep and sincere interest. And sir I imagine when
the House-comes fully to understand the position of our sec-
tion of the. country in relation to this subject gentlemen will
notbe; Surprised at the interest manifested by that delegation
i thisJiilL This sir is a question of vital importance to our
ntfy. Upon the settlement of 'this question depends the
future prosperity of the whole western iron! ier of the State of
4exas. And it. is not. therefore surprising that the people of
atsectjMi as well as their representatives here should feel
- 5y-teat interest in it.
SFTfe4ast sessiouT ipf the Legislature Mr.Speaker there
s.a'BoSraof Land Commissioners appointed to investigate
the Land Titles West of the Nueces River. This Board of
Commissioners travelled through that country receiving the
titles which were presented to them together with the eviden-
ces of their genuineness and validity and have returned the
same to this Legislature.- This Legislature has appointed a
committee by whom these land titles have been subjected to
A scrutiny more minute than has been bestowed upon any
other matter which has come before this bod. This Board
of-Commissioners reported favorably upon these land titles.
The committee appointed to investigate their report have also
reported favorably upon them. Now let me ask for what
prpose was that Board created? Was it to travel through
Hhe section "of country upon the Rio Graude to investigate the
"titles -of the settlers and to pick-flaws in them that those titles
so far-aslay in the power ol the Legislature might be null
nd void? No sir I conceive that no such motive as this
prompted the last Legislature in their action upon this sub-
ject." That commission sir was. sent to the Rio Grande with
the view of meting out justice to the citizens of that country.
They .were sent there for the purpose of investigating those
.titles. At the same time it was intended that the citizens
should receive justice ; and it was also intended that the State
.should be secured from fraud. And such has been the effect.
r 1 have no idea of making au argument upon this question.
ere are gentlemen here who are much more able to discuss
lt in a legal point of view than I am. I shall confine myself
r?
4
te:
be totally ruined ; there will be no
I he Mexicans will not submit
the locators : as a matter of cj
their homes. And as I said before
State to quiet these lilies 'because
up by the taxes paid upon them
oi revenue to the state.
This sir is a matter in which ev
the Rio Grande and become famili
the people will feel a sympathy 'fori?
Any one I say whatever his prejul
against mose people upon going toi
coming acquainted with-their uOsitidi
thize with them. V
I hope this Legislature will do thenf full and ample justice
in this matter. Indeed I am satisfied "jtiat it will.
Various amendments were proposed! and discussed.
Mr. MABRY proposed to insert "Manuel Barrera5 leagues
&c." .
He said he saw that claim was notejrnbraced in the bill.
He saw also that it. was spoken of injtbie report of the Com-
missioners for investigating titles. I&was in fav.or of Chaun-
cey Johnson ; and in this case the applicant had a real title.
He had been told by one of the Commissioners that the title
appeared in every respect to be cornet. There might be
some want of evidence m respect tjMgupancy ; but as the
Jlogk&vfss. gpihg-iargcly-and sohi&af 'blindly in this mat-
ter he trusted this claim would be added. This man Johnson
the assignee was a very poor man who had been broken un
by our difficulties with Mexico and at the taking of San An
tonio by Wall had been deprived of everything he had in the.
countr'. He was not likely to receive any remuneration
from this Legislature for his sufferings and losses in different
expeditions into Mexico. And he hoped the House would
act lavorably in this matter and confirm this title with the
balance of them.
Aftei some discussion the amendment was laid on the ta-
ble. Mr. CHARLTON offered an amendment to strike out
106 1-2 leagues included in the minority report. After some
discussion
Mrr.'HORD said': I will make an explanation. In our
Now sir I have learnt "right smart" since I Have been here.
When I came here I thought I knew it all; just air when I "
first came to Texas I calculated that the next day. after that -which
saw me twenty-one would see me in the Governor's
chair. I stopped in the county of Bowie and I have now got
to Austin. And since Lhave'come here 1 have met with per-
haps the keenest set I am so far behind them that I find it
necessary to ''watch out?' the whole time. -And confess it .
begins to scare me on this occasion when I-see motion after
motion to get two separate bills. ''-.:.
Where is the objection to the bill as it is?- Are tlie'vgeri- .. ;
tlemen opposed to rail roads ? Are they disposed to take ad-rfk
vantage of us to get the benefit of all the money for their
particular sections and leave those portions of the Stater"
which are not. cut up by rivers to shift for themselves? '-jAgr-'
ainst this system I protest most-strenuously. And Ifthisyrnat-
ter is to be divided I state candidly that I. am opposed toJainyv
thing of the sort; I am opposed to any appropriation fofcrail .
roads or rivers until after the rmblic debt is naid. BntrSsili
believe that the best manner of employing the public monevA
I luwi. io aouijjius unci paying uuruum woum De 10 useac r
in developing the resources of the country amLas ; thisbill. js
in progress I want to see fair nlav. I want to see "ttiefjafv '
country that is in the United States and here in Texas with
the Americans it is the custom when one dies that his es-
tate is wound up be.ing carried through the Probate Court
and divided-by a decree of partition and distribution among
the heirs in a very short time after his decease. Among the
Mexicans a different system has obtained. People live tllcre
info patriarchal way and when they die their estates are ne-
ver divided. Hence in the section of country embraced by
the provisions of this bill from the yeat.J768 to this time no
Mexican estate has ever been wound up in a Proba:e
Court.
In this instance there are a great many of the descendants
of the original grantee living upon this land and it would be
impossible for all those people to come"before the Commis-
sioners and fake the necessary oath. And'the Commissioners
very properly decided that one of the heirs should represent
the whole.
-Mr. BEE : There are three hundredvoters interested in
the confirmation of this grant. We do not ask it for one man ;
we ask it for three hundred citizens of this State.
The amendment was rejected and "the bill ordered to be
engrossed.
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i toa.staternent of. some few facts in connection with this sub-
The titles west of the Nueces were granted from the mid-
dle of the eighteenth centuiy dowtftb these latter days. Those
lands have been in possession of those Mexican citizens from
the time they were granted to the present day. Their grand-
fathers their fatherS'anduhcmselves have lived upon them
'"anrmnir - SYl finneifloPlnrrtliiimDalnaa fsi mim tham onrl anintMnir
jvt.u& . '"'"'V5'iin.iiiai-i'wiu jm "'bin iuu tiijwj lug
call the.rights and profits accruing.from them. Some of those
titles were on the change of government and some yet re-
main unperfected.-- Yet they were granted in good faith and
no doubt would have been carried to completion had the go-
"Ternaent under which they were granted continued to hold
.t. lurncueaon over tnat country i ney occupied a peculiar sit-
2tiation being on the. frontier of Texas. which claiming . iuris-
Si! Jfi-rAirtlivn nrar tliat nnnfrt7..ljid nnt thp.1 nnnrpr t'n pnfnpn if- nr
- M mffnrA tlivoA jiitriTAna Xin'r nrntonfinn dn tViA Anntnnr i!ia.T
t HJ4IN1U MWQ blllAbUa UU lVH.wtluui . lUb VUUIIUII lUtV
"wereVegarded by Texians almost universally as the common
enemythe Mexicans. They were too weak to take a part
on eitner side : loo-weaK to aeienu memseives against tne
Mexicans on the.-one hand or the Americans on the other.
Vr $v
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f They.had necessarily to'supply the Mexican army-with what-
- ever assistance or susicuautc ib injuum ai men uaMUS. Al
' "the; same time they were not regarded by the Texians as
. (frieads : and they were-thus subject to depredation from allJ
quarters. They- were not in a position to comply with the
laws"and requisitions qfTexas "? and n p to the time of Gen-
-eral Taylor's moving upon iheliid Grande the Mexican al
caldes exercised jurisdiction on the east bank of the Rio
Grande.
"'Mr. Speaker the new counties of Starr Webb and Came-
roncontain about ten thousand Mexican inhabitants. These
pjebpleiare how- livingon the lands the titles to which this
iiegislature is now- called to decide upon. It is true we can-
not take these lands from those.Mexicans ifnve wish to do it;
the courts of the country are open to them. But if they have
a good title to those lands if theyare justly entitled to them
ifhyshould we not confirm those tilies so. far as in our pow-
'St?.' 'Wynot shield them from litigation ? It is theintefest
- o 'tbatState to do so. If those people are made secure in
their lands the consequence will be that they will be pur-
- chased to some'extenand the whole country will be settled
np..jriys an agricultural as well. as a commercial country.
O.the. other .hand if these land titles are not quieted and
' teeiands areleft SDbjecttto Jocation the consequence will be
tKat'iiMHre will be no.end. to litigation and the country will
Thursday afternoon Jan 15 1852.
The bill to encourage Internal Improvements in the State
of Texas being before the House
Mr. DOOM mov;ed itsjeferenjietpselecjcommitteer-
Mr. SCOTT moved to amend : with instructions to report
a bill for the improvement of rivers.
Mr. TAYLOR of Fannin said : If these river men want
to get a bill through this House appropriating money for the
improvement of their streams they had better not crowd the
rail road men too much. I am' satisfied. 4he re are enough
iron horse men on this floor to kill any bill the gentlemen
can bring in appropriating the public money for rivers alone
or in other words for the exclusive advantage of certain por-
tions of the State. .
What is the necessity of a referencepf a matter of this
kind to a committee if they are jo be instructed before hand
to do a particular thing ? As I understand the object of re-
ferring a subject of this nature to .a. committee it is to elicit
the various opinions of members representing different sec-
tions of the country- in order that they ji ay give the result
of. their joint deliberations to the House 'for the action of this
body.
Those gentlemen who are so anxious ig;et money for.their
rivers can do nothing without help from those portions of the
country which cannot; be benefited by the improvement of
rivers. .
Let the committee act freely; don!t tie up their hands; let
us have the result of their free ddiberakons ; and then we
shall know how to act upon their repprl be it for rivers
alone or rail roads alone or for both together.
The reference was ordered to a select committee of thirteen.
The question then came up upon the 'special instructions.
Mr. TARVER offered a substitute ;' tha1; the committee be
instructed to report a separate bill for the improvement of the
rivers of the State and another for the' encouragement of
railroads.
Mr. EVANS'of Bexar opposed it.
Mr. FIELDS said : I shall vote against instructing the
committee because I prefer to see them- take such action as
they may see fit after' consulting together.
And! have another reason : I wish to subn.it th:s whole
matter to. the people. I cannot vote for any bill appropriat-
ing the principal of the surplus without their sauction. The
pledges I have heretofore made would- prevent me from do-
ing so. I slated during. the canvass and I believe a large ma-
jority of my constituents agreed with me that I believed the
best disposition that could be made of the surplus remaining
of the ten millions after paying the debt at the scaled rate
would be to use the interest for purposes of internal improve-
ments and education. I am oouosed myself to using the
principal at all ; I believe that wehqjuld leave it untouched
as a perpetual fund which would then yield us say 150000
dollars interest. That would enable us after a while to im
prove our rivers and give us something to turn over to the
fund tor education.
If however the people choose to .say that they are willing
to appropriate the principal in building railroads as a matter
of course I cheerfully acquiesce in their decision. For I be-
lieve it the interest of the State to. construct rail roads from
one border to the other. Yet. I cannot consistently with my
pledges vote to appropriate or set apart joney for this pur-
pose unless the people shall so determinaYor themselves.
Forthese reasons I prefer to see the biWpass in the shape
in which we find it upon our tables. y
I cannot take the responsibility myself oy voting away the
principal of the surplus and I will not do t. Yetl am will-
ing to submit the whole question to thejiojile and if they
choose to build rail roads with it I belief it will advance
their interests p
" Mr. TAYLOR of Fannin : It strikes ie as just possible
Mr; Speaker if this matter is divided tbajjthe friends of rail
roads may find themselves kicked putof thhf-.House after ha-
ving helped the river men to. get their .bULthrough thus leav-
ing some of the largest portions of .the country -without the
means of transportation.
nlav. I want to see the nartv
to winch I belong equally represented in- that committee. i
And -I-'want that committee to decide upon such aciwn'as will'
redound tn thp. hpnpfit- nf VIip whnto- ninlo-r'1SSre?rtifri?rf
oi some particular sections of the country. " ' .!f
Gentlemen must know very well that a large portibn.of
the people of Texas will not vote for devotingthe public mo
ney to the opening of rivers unless at the same timeffacili-
ties for the construction of rail roads are extended tptthem..
If the substitute is to be forced upon usT regardtit-as;
wrong unfair and unjust and l shall protest "against it.t-For
my own part I do not think that I have displayed any thing
like sectional feeling in any vote I have given here. ..1K'"
The substitute after some further- discussion was lost by a
lie vote.
'Sue
. - . - - -
:.-. ';;.'. Friday January 30 1852
. The bill entitled an act to encourage Internal Imprpve-l
rVliilfi. l.!nn l.nfn... .1. TIT-.. ... ' J "J
iiitiitn uciuj .uciuii; Ult'liuac
Mr.. DOOM moved lb insert thirty thousand inplace'ibf
twenty thousand for the Angelina and Neches. ." - .'"-
He said he would state lor the information of thevHouse;
that that appropriation of twenty thousand dollars in-thebiuV-was
for two rivers; and those two rivers were equal to any!
river for whiciitan appropriation was made in the bill. -b
The bill did nut define to what extent the Nechs:wa3Jto.
be improved. . It would require as large an appropriation as
any other in the State. Tne Angelina and Neches iogeth'ery
were now navigated at least five hundred miles. To what
extent the Neches- could be navigated he was not preparedto-
say at this time.
He said he did not offer the amendment for the purpose of
clogging the bill ; because he was in favor of the improve-
ment of the rivers of Texas. ?Zi
I Mr. CHARLTON hnre made some remarks "which Have
been published and Mr. DOOAI proceeded r : " ' . 'tA
I am satisfied that the Angelina and the Neches together
are navigated now-fur'ths r than the Colorado and very near-
ly if not quite as great a distance as the .Brazos. There is
no more important section of country in the State than "that
which is watered by these two .rivers which jare connected
together in this appropriation. And it appears to mejthat
the amount appropriated by the bill is doing manifest injus'
tice to the portion of country intended to be benefited by it.
This matter of compromising to accommodate gentlemea". .
from particular sections of the fcdnnt.r.v.Lha.veiiE.'ot!TearR.edy
yet nor do I propose upbh-thi?oasionTo leagJiiAlftne"'
same time I am willing to vote a liberal appropriation- and
as high as possible for rivers of some magnitude in the State."
Tike the map sir and look at the extent of country to be-
benefited by the navigation of the Angelina and Neches. and
compare it with that which is dependent up'oh'theiTrinity
and other rivers and you will find it a larger-proportionrper-'-haps;
thai even that connected with vthe Trinity riven. M Then
I ask why is this distinction made in the amount of the ap-
propriations ? I only ask of this House that simple justice
be done the Neches and Angelina. '-."
I am in favor of some bill for rivers and rail roads.-rBut-
I am not prepared to vote for a bill which does that portion
of the country which I have the honor in part to represent so
much injustice. At the same lime I am not prepared to' vote"'
against the bill because it does not do me full justice.
With the proof afforded by the map it is evident that-the
appropriation for the Trinity is larger in proporlion;tq -.the"
population and extent of country to be benefited than thatJ;
for the Angelina and Neches. And if the Neches isto .ber;
improved to its source the amount appropriated b the .bill 'J
will be ivorth nothing to that river. It would be a wasteful
expenditure of money for no good purpose.
Afternoon Jan. 30.;l852.
The bill entitled an act to encourage Internal Improvements -
in the State ol Texas being under consideration
The amendment offered by Mr
ed at some length.
-Mr. -THROCKMORTON af er making some remarks-in
favor of the amendment proceeded as.lollows:
I say sir let the people of the upper Trinity have .at least
fifteen thousand out of the thirty six thousand dollars. -..'And
it tne House reluse to do tnat i snail pe compeuea.ip oner an
amendment making a special appropriation for the Elm Fdrk"
otherwiseI shall keep back that amendment as I would- lfe
to see no amendments pressed here which would have.a ten-
deucy to clog this bill; a bill that I believe will do much.xt.Oi6
rouse the people of Texas fromtheirpresentlethargy upon the-'
subject of improvements. It will go far to show the people5
that they can occupy as proud and prominent a. positionas
-.1 o.- -..u:.. ....:.... ifj-.. ..-
any ouier oia.e in mis uuiuii. .. igJs;
Gentlemen say it is too early a period to talk abouOfieae'"'
things. I say Mr. Speaker such is not the case ; it is hone"1
too early. If other States need rail roads which have tjje
best of rivers for navigation what do the people of Texas..
need without them 1 I ask you if the State of. Illinoisbounded
on three sides by the best navigable rivers now in existences
if she needs rail roads in the name of God what is the situa-
tion in this respect of the State of Texas which has not tfiera
first navigable stream within her borders f If Illinois jtvitlj.'
out money in her treasuryand head and heels in-debtjCanhave
them in successful operation v hat is to hinder Texas-'with :V
her large surplus fund and a hundred millions of acres of1'!1
public domain? Sir we can do all that is necessary to;o
tain these advantages; and if the people's representatives will"'
do their duty it will not be the fault of the people if we do.not '
have them. '. ' ''
I say let that bill go before the people to receive their- rati-
fication or condemnation';' and I say sir if the people do npt&
accept'this bill they will give such a direction to the efforts" of
their representatives as will ensure the adoption of a system -of
Internal Improvements that will speedily develop the resour-.
ces of the Stat e of Texas. ' ';-'
It has been urged that the means we have are not sufficient
for the construction of railroads. Now sir what is the situation'1'
of Texas in this respect as to the cost of constructing rail
roads in comparison with that of Virginia for example? It
is estimated by competent engineers that rail roads in thafr'
State cost from twelve or fourteen thousand to seventeen thous1
and dollars per mile. There they have mountains to level orr.
dig through valleys to nil up ana large streams 10 Driage.ov;-;
nnnniri''Tn mA:i.'il'
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de Cordova, P. The South-Western American. (Austin, Tex.), Vol. 3, No. 41, Ed. 1, Wednesday, March 24, 1852, newspaper, March 24, 1852; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth79720/m1/1/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.