State Gazette Appendix. (Austin, Tex.), No. 57, Ed. 1, Wednesday, July 16, 1856 Page: 1 of 8
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TATE GAZETTE
APPENDIX.
PRINTED AND PUBLISHED AT THE CITY OF AUSTIN TEXAS BY MARSHALL & OLDHAM.
Sixth Legislature Adj'd Session.
AUSTIN TEXAS JULY 16 135G
NO. 57-
SENATE.
Wednesday July IG 185G.
A BILL TO QUIET LAND TITLES.
After the business of the morning hour
had been dispatched the Senate proceeded
to the consideration of its special order on
" a bill to quiet hind titles."
This bill provides that the District Courts
of this State s.iall hear and determine all
suits brought to try land titles and all suits
in which the question of forfeiture for
breach of condition or for forfeitures or
escheats under the Constitution 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 spe-
cial grants to colonists lying in Austin's or
Dcwitt's Colonies arc confirmed; provided
that this confirmation shall not extend to
grants issued previous to the 13th day of
February leoo. It releases the right ot
the State to the original grantees of all
headrights and their legal assignees issued
to actual colonists previous to the 15th day
of November 1S55 provided that the con-
dition of remaining in the country and the
provision of law prohibiting the sale to
aliens shall not be repealed by this law and
provided (hat. no title shall be confirmed
which was illegal or invalid ab initio. The
State also releases her right to grants to
original grantees and their legal assignees
who now occupy the lands of their grants
provided that such release shall not extend
to more than one league to the occupant
and provided further that the transfer if
any was made after an act that would cause
escheat or forfeiture under the Constitution
or laws of the Republic or State of Texas
derived from an alien. The right of the
State is re-leased to the owner of any gen-
uine land certificate land scrip bounty or
donation warrant or other evidence of claim
to land known to the laws of the State with
all the right? and remedies that the State
has to lands located provided however
that this act shall not repeal an act to quiet
land titles withiu the twenty leagues bor-
dering on the United States passed Janu-
ary 9th 18-11. That when the act of lim-
itations would quiet an actual settler against
an individnal he shall be quietted against
the State and the limitations shall give
each occupant a good title provided it does
not exceed one league of land. That it
shall not be lawful for any person to recover
land within the purview of this act on a
graut deed or transfer made to a person
who left the country before the Declaration
for Iudapsndance or w!io afterwards du
riu" the struggle for Independence aided
or assisted the enemy or domiciliated him-
self out of the limits of the Republic of
j the assignees have remained upon their lo
cation tor the period ot ten years tuey
should be confirmed in their possessions.
Perhaps many of them have erected a val-
uable property on their tracts and other-
wise greatly increased its value and cer-
tainly no Senator here would be disposed
to deprive them of the benefit of such im-
provements. No sir there is no necessity
to beg the question in any manner what-
ever ; for parties holding land under invalid
titles and arc actual occupants of the land
it is the true policy of the State as it has
been her past custom to confirm them in
their possessions.
Mr. Guinn I have heretofore refrained
from engaging in the discussion of this
question ; but I caunot vote for this amend-
ment. I never have nor will I ever vote
for any bill or amendment which is calcu-
lated to confirm and legalise fraudulent land
titles. Strike out theproviso contemplated
in this amendment and the 3rd section of
the bill will place fraudulent titles upon
the same footing with those that are genu-
ine. I presume there is not a Senator on
this floor who is in favor of confirming
fraudulent titles and I trust the amend
ment will be laid on the table.
The amendment was then laid
table.
Mr. Taylor of Fannin offered an
amendment to come in after the firsfc sec-
tion :
"Provided that when the Courts cf the
county declare forfeiture or cscheafcof lands
said lauds shall be declared a part of the
j public domain and in- hereby reserved from
settlement.
Mu. White Before the question .is
taken on this aniepdiucnt I wish to make
a tingle remark. ' I am satisfied the object
of that amendment is to defeat the bill
; to test the opinion of the Senate upen the
bill itselt JJut why attack the bill in this
indirect manner? If itha3 merit itshould
pass and at all events an opportunity
ji should be uiven its friends to make such
amendments as they may think necessary
and then let the question be taken on the
be
on
the
Texas or on any title derived from an alien.
The last section provides that it shall not
be lawful for any court of the State to pre-
sume authority in any officer to make a
grant from the face of the grant where it is
denied in tho pleadings nor shall it be
lawful to prove sueh authority by parol
proof unless it is provided for by -ome law
known to the court.
Mr. White offered the following amend-
ment to the third section :
Strike out "and provided that no title
shall be confirmed which was illegal or in-
valid ub initio."
The reason I move to strike out this
clause is that it would defeat the avowed
object of the bill or rather the object of
this section of the bill. For if I under
stand the intention of this section it is to
confirm equitable grants but which arc
illegal. It appeai-s to me that the bill has
so well guarded the rights of the State that
there will be no danger in making this
amendment in favor of grants which have
equity in them but are wanting in legality-
...
Mr. Taylor of Cass 1 would enquire
of the Honorable Senator if we were to
pass this amendment if it would not be
legalising those grants which are illegal and
which cannot lay any claim to equity.
Mr. White It is not intended to pro-
tect any grants except where there is equity.
There are other sections of the bill which
it is believed will sufficiently protect the
intcrsts of the State and the object of the
amendment is to protect oqutiable claims
which have not legality. There are many
titles of this character in my own district
located within the ten coast leagues. These
parties and colonists have occupied their
locations from the earliest timed to the pres-
ent day. They are illegal and invalid and
unless this amendment is adopted they can
not hold their homes under the provisions
of this act.-
Mi:. Flanauan It occurs to me sir
the object of this amendment can be very
eaoily understood and I think the Senate
unou nroner consideration of it. will be
eloarlv of the oninion it should be adontcd. ! merits ot the bill it may
If this :iineii(lmeiit to strike out. nrevails. ! that we had as well take the
the third section will then read as follows : i
" That the right of the State is hereby re- !
leased to the original grantees of all head-
rights and their legal assignees issued to '
actual colonists previous tc the loth day of
November 1S55 provided that the condi-
tion of remaining in the country and the
provision of law prohibiting the sale to
iilip.ns. shall n nt be renealnd hv this law."
j j j . t .
Now 31r. i' resident I hold that this is i are as yet as unucuneu as uiey were ue
a good law in this particular; that where ' day we first had an existence. Itisforthe
persons in good faith have purchased of . purpose of defining the rules of practice m
original erantees. whether thev Durchased reference to the investigation of land titles
ll oa a good title or not sufficient it is that ao that when a case comes up for inveetiga-
TirTtnm
Jiuub.yt.
vote on the
merits ot the bill now as at auy other time.
Its general principles are pretty well under-
stood by this body and they are altogether
competent to vote intelligently upon the
main question now. I contend that such
a bill is demanded is almost indispensible.
We have existed as a State for injury years
and wo know many of the titles to land in
the country are invalid ; the rules of law
tam.?-'
x&TtBaer&r
"iS
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Oldham, W. S. & Marshall, John. State Gazette Appendix. (Austin, Tex.), No. 57, Ed. 1, Wednesday, July 16, 1856, newspaper, July 16, 1856; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth81252/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.