The Texas State Times (Austin, Tex.), Vol. 3, No. 5, Ed. 1 Saturday, January 12, 1856 Page: 1 of 4
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TEXAS STATE
&
*f£t>£4
VOLUMK III.
CITY OF AUSTIN. TEXAS. SATURDAY. JANUARY 12,1850.
NUMBER
W. F. WEEKS, Btp«rtcr.
fb.t ai, December 7, 1855.
Mr. TAYLOR moved to reconsider
the votetaken on yestordav adopting the
anwadment offered by Mr. Hooker of
Hant, to the amendment first offered to
the bill for the relief of the pre-eraption-
iste on the Mississippi and Pacific Rail-
road reservation.
Mr. TAYLOR said:—In making this
motion, 1 do not in any way compromise
my notions of the propriety of the adop-
tion of that amendent.
I omly make this motion, Mr. Speaker,
to give an opportunity to *he friends of
the hill to place it in a shape that lAay
perhaps render it acceptable to the
I wish U to be understood, however,
i repeat, that X was rsot eompromiting m
at'T mauaer ir.r previous notions as to the
correctness oi incorreetEiss of the mea-
sure before the House, or the amendment,
the. adoption if which I propose to re-
coasiuer, hue .jia actuated solely by the
motives. I do not know that I have any These people are flocking to our shores
it u times as large as that of New York, vote,however, has le.-n r«- onsii e.ed and As a friend, then, to the construction i entire belief in a matter where his infor-
constituents who would be benefitted by If we extend to them a welcome, let us she is actually one of the weakest and the whole matter now occupies the posi- of the Pacific road, and believing ths re- j matron was as extensive as theirs, and
its nassase or iniured bv its rejection. I extend with that welcome real benefits, smallest in point of population of the tion it did several days ago—the time of served land essential to its construction \ h'3 opportunties for knowing the facts as
am confident I have not a constituent who We have millions and millions of acres southern St.it es. What would I make the House is to be wasted by a repetition through our State, I am opposed to its i g00(lthose of the gentlemen who have
would be benefitted bv the passage of the that we can give away and have a residum her by placing a pre-emption settler to- of all that has been said for and against invasion by speculators, if you please, by i made those statements.
bill Perhaps there may be some land of millions more left. I looked into the day on every half section of the public the amendment. We are still to have pioneers, or auy other class of our citi-j Mr. DAVIS. I said I had just as
sDeculato-s in my county that would ra- statistics of this subject, sir, and I would domain? I should make her, and not rung in our cars the imaginary hardships, zens. If the bill becomes a la was it now j much right to form my "opinion" as any
ther have their certificates located up m be rejoiced to know tbat one half of our merely nominally, as she is now, the em- exposures and privatious of the hardy pi- stands, I shall regard it, not only a death gentleman upon this floor.
these lands than to have them taken up public domain was given away to those pire State of the South. I should in- oneer; still to listen to the pathetic ap- knoll to the reserve, but also to the char-
bv these settlers. But be that as it may, who will become occupants of it, and who crease her power four fold, and with four peals >f the gentleman from Tarrant, tor.
I am not voting for this bill because I will cultivate it with advantage to them- tunes the size of New lork. she would (Mr. Parker;] to the strong indignation , It is strange, but true, that the friends
think it will benefit the people whom I selves and to the country, and in addition have four times the strength of that great ot the gentleman from Nacogdoches, (Mr. of the bill under discussion, are composed
immediately represent, but because I be- add to our imports and exports, develope State She would be able to send a del- Ochiltree ;) and to the cool plausible of the friends and enemies of the Pacific
our resources, and increase the revenue
egation to the next Congress of the Uni- policy
the cool
of the gentleman from
Mr. SMITH, of Harris. I have not
Mr. Speaker, called in question, nor
would I question the high honor, the per-
sonal integrity, the chivalrous feeling,
and every other noble feeling that adores
lieve it iust and rignt. our resources, and increase the revenue egauon io me nexi vungrcssui uiu lih- pviuy? ui me genuemau noiu Collin, charter. While the former declare that 1 my friend on the right. It was merely
I stand here as f always stand—the de- of the country by t'«* imports upon arti- ted States, that would affectively advo- (Mr Throckmorton.) their only object is to secure to the set-1 a question as to the opportunity he has
uder of the rights of the pre-emption ties of consuipt o ™te bU1 haVC' 40 ~ ' '
settler I care not where I find him—
fender of the rights of" the pre-emption les of consumpt o Cilte tlic ng,lts al,d interests of the south- i Tho opponents of the bill have, to a lers the lands they have asked for, the j enjoyed of acquiring correct information
" care not where I find him Just so with lex as. We have millions ern portion of the confederacy. She great extent, remained silt nt, while its latter go further and boldly declare, that j regard to settlements made by pre-
county of Bexar; whether on the banks
of the Sabine, or in the bottoms of the
Rio Grande; in the margin of the St.
Lawrence, on the summit of the Rocky
Mountains, or in the valley of the Colum-
bia.
I believe, Mr. Speaker, that the settler
upon the frontier does the State more jood
and affords more protection to the frontier
than all the hireling soldiers that the mo-
t , ney in the United States Treasury could
~ . P j place upon that frontier to defend it.
- - . . , .r rtZK,a"l I '->n this qu stion, I repeat, not
low mo here in my place, Mr. Speaker, j from al co^ilieratl 'but from
io thank fte pieman from Cherokee, j ind^ l vote in accordance with a
felMkr,) for the kindness of the sen- £ b£can amia patriotic principle, and
* he hM ennced on tku occa9,on- a principle advocated by the leading re-
whether in the county of Rusk or in the of acres that we can give away, and still would have the power in the next Con- | advocates have enjoyed the privilege of they are prompted as much by desire to 1 emptroners within the limits of the Psei-
— - - ... have millions left. gress to wring a reluctant acknowledg- i arranging every fact calculated to infiu- kill off the charter as to benefit setiers.' fic Reserve. After this interruption
I wish I had the time to read the whole
speech, because it is in support of the
position I am now defending, but I will
not detain the House.
I will answer, however, a few of the
objections which have been urged to this
measure, and I will state here, too, my
position, because it has been said by sonic
the extension of re-
ad vocat.ng
gress to wring
ment of our rights from the Sewarus, tti«
Giddings' and the Hales of that body,
and to drive the Gardners, the Wilsons
and the Trumbulls to their midnight cov-
ers. She would have strength enough
th.*re, in a word, to turn the scale of
power in favor of the South, aiid com-
mand the strongest guaranties of sou.h-
em rights.
3f ot!
her memoers.-
igment
and fair investigation of the
•, aiid the proposed amend-
Ot: •
Ah,. full
original oil
nitnt, the latter was adopted. As this
mattei is again brougiit before the House
I shall give my views fully.
J r.iii opposed to the original bill, but
wile ibc amendment I will vote for it.—
rupl
If the bill becomes a law, without the ; occasioned by the misapprehension of
amendment proposed, the enemies of the I the gentleman, I return io the subject
Pacific charter will have accomplished j before us.
their object, and some of the friends of i The majority of these pre-emptioners
it must shoulder the responsibility of i were settled upou this reserve previous
having aided in its destruction. * j to the passage of the law prohibiting set-
Gen tfaiffn contend that wc must keep 1 pi
Mr. PARKEB cf Twrant:
die vote vill be ra&ssidered.
taints
The House refused to reconsider the
- The question being on the amendment
offered by Mr. Hook-r, providing that
the] )rovisions of tbe act should not ex-
tend to those who settled within the res-
ervation since the passage of the act
known as the Mississippi and Pacific Rail-
road bill.
Mt. PARSONS said:—I hope tho
* aaMndment will sot prevail for this reason
among others, that it would be doing
* injustice to many meritorious citi-
That amendment is ingeniously drawn,
forthe sole purpose of defeating the bill
before the House. Gentlemen might as
well move the rejection of the bill, as the
adoption of that amendment. Because
ths| amendment, when adopted by this
Hesse, leaves the pre-emption settler with
just the right he had before the intro-
duction of this biH.
I hope the amendment will not be adopt
ed, because it cuts off the whole object of
, j the bill; and farther, because it cuts off
from what they conceive to be their legal
righto, and what I conceive to be their
equitable rights, a part of the most meri-
torious of the population of the S-ate of
Texas.
What does the amendment propose—
and what is the question now before the
House? The questian is, whether we
will tarn these people out from house and
home, because that is to be the lesult, if
the law as it now stands is enforced, and
the law is'it win stand wben the amend-
ment iff adopted. Are we, and is this
its vote to-day, about to turn
that in
lief to those pre-emption settlers who
have settled upon the unoccupied lands
within the reserve, that I am opposed to
the Pacific Railroad. I stand here, Mr.
Speaker, in favor of the pre-emption set- •„
tier, let me find him in the reserve or any that the occupant settler will do more to-
where else, and opposed to the uncondi- wards building Railroads, than all the
p hii«7s';„rp.S"o« £ Of ti„ .l rep™l of the r«c,r,c R„ilraa,l char- Jonat,onS of Jl.n.l « have evcr or
the Union. I speak of those at the head ter- * advocated that charter before P ■ th
of the democratic party. And „ h.,e m^nst^en^d opposed , s repeal holJ.
of the Hermitage,
Hero of San Jacinto,
afraid of thus ruining _
of San Jacinto, General Houston, and Public domain. 1 told my
ents then that I was as good a mend to
If immigrants to our State could not \ tlements from being made within the lim-
imve found an ample public domain from ; its of the reserve.
en the advocate of givniV wliich to select them a home, thev w<
mrtior
privileges to our citizens.—
our lands't-> build Railroads with. 1 am 1 belu ve that the homes acquired under the reserve. But sir. thev
in favor of donations of hind to Railroad oi- pre-emption laws, is the most right- ilege of selectin«* from unto
companies. We have plenty to supply . eous disposition ot that amount of our yond its limits, both north and south,
b )th objects, and to spare. But I say : public domain that has ever been made. I If this bill is made a law, I shall unite
Had I been a member of the Legisla- in the support of a repeal of the Pacific
ture at the time, I should have opposed charter. For this resolve I have, as 1
the repeal or alteration ot the law of think, the best reason. I shall never give
1845. 1 am now willing to alter the ex- by my vote or influence exclusive privil-
of this isticg law, so as to give to settlers 320 eges to any one, and if the privilege of
instead of 1G0 acres. j selecting a home in the Reserve is given
I have disclosed my feelings upon this to one, I shall cast my vote to extend it
' - a ve been more excusable for. invading] controverted, and the apparent coutra-
r.aa the priv-; diction of it has been only appparent. I
that some man has yet his San Jacinto ! neous and unfair means resorted to by j is that a large majority of those who are
claim, which he has not located. Now the fiieuds of this bill^ in order to force j to be relieved by this bill, have immigra-
and
some
blasting his prospects for receiving the . _
Know Nothing nomination for the next t^ie pre-emption settler as any of those t , ■ 019 • :t tK,.0U„u
Presidencv I would read a resolution in- > who opposed my views upon this subject, ^liat do I piopose to do Mr. Speakei it thiough. . tod within the last two years
^•oduced bv him bto the Congress of the : I told them then, as DeKalb told Gates I propose to give him 160 acres of land I ^ A ckmor■ « raised agamst. speculators. 0f them, I have learned, arc from aboli
__ r . | . ~1- - «..« «r *1,« ~ ^ ^ " ^
United ototea, a few years ago, in his
on the eve of the battle of Camden—time
ailier and better days, before he had for- I would determine who was the braver—
saken tbe principles of his youth (that time might determine vwio was the
As its reading is called for, I will read I friend of the pre-emption settler.
it if my Know Nothing friends will prom- j How some gentlemen s speeches upon
ise to close their ears. The Hero of San ^:s ,anf ^otes m this House will
Jacinto, as I was going to remark, some J'nS^e w*th their speeches made before
years ago, before the meteor of power, as their constituents, is not a problem for
I think, had lured him too far from the me t0 solve.
true path of political virtue, when he
uld ; That substantive fact has not ye&een
iin£ • controverted, and
riv-. diction of it has b<
1 millions he- i have not understood the gentleman ircm
Smith himself to intend to contradict
the substantive fact, which lies at tbe
bottom of this matter—that "these pre-
emptionists, or a large majority of them
were settled there previously to the reser-
vation of that section of tbe country from
settlement by the act of the Legislature.
These pre-emptionists have thereby
acquired rights, and it is the bounden
duty of the Legislature of Texas by the
issuance of patents to make their title
full and complete to the lands, to which
in justice and equity, they are enti-
tled, and to which they have a perfect
right in all respects except in territorial
legal forms.
I will take the fact to be as alledged
by some gentlemen on this floor, that
„ _ a
he may locate his San Jacinto claim else- purchase a certificate, or to speculate in lupon the setiers a3 upright men, still I portion of these claimants did settle there
where, and speculate 011 it if he pleases, lands, has been the object of unqualified j think they are not entitled to privileges after the reservation of the country from
This bill still leaves the State with mil- denunciation by the advocates of this : beyond the older citizcns of the State, settlement. And, Mr. Speaker, I may
lions of acres of land, more than a suffi- measure. j though many of them are esteemed spec- be permitted here, and I think I can,with-
ciency to discharge all the demands The speculator, who never asks for ex- i ulators. out impropriety, state a fact I once wit-
against her. But further, with regard to traordinary privileges, who relies upon j Mr. Speaker, the terms pioneer and nessed as illustrative of the position of the
the assertion that this is a scheme ot his native talent and energy for a sup- j pre-emptioner are deemed synonymous old pre-emptionist and the new pre-emp-
speculation. Sir, with regard to this port, more than he does upon the bounty j by the advocates of the bill. Apio- tionist, so to call them, on one side, and
I am surprised to be told by gentlemen matter, gentlemen indulge in the broadest ot government, who never violates the • neer is not a pre-emptioner, and vice the State on the other in this matter,
stood *fV>rth "the "defender* of 'democratic 1 who opposed this measure, that^it is clans presumptions. They say A may settle jlaw with the expectation that his crimes j ver8a. The pioneer is one who goes ahead I was going into a Circus in the old
and^ennbHcan ^rincinle*—when^he true legislation. I have been taught from my down on a tract of land to-day—in a few . will be expiated by the tears of legisla- ! 0f the permanent settlements, always State of North Carolina, when I saw in
iSnSnlJ. of1.U in his 'youth, to oppose a certain kind of class <%s he ma7 transfer it to B, and then > tors, by buncombe speeches, interlarded westward—actuated not more from a de- front of me a gentleman going in with
conrse of action——before the needle of his legislation. Not of that kind which gives S<> *«d procure another pre-emption. I j with disgusting bombast, and by rnunifi- .sire to cultivate the soil than from a pas- his family—a good old fashioned, portly
soul had bcrun to noint to one sin<rl(> nole 'and to the poor emigrant who setiles say that argument is not worthy of an • cent presents, has been without provoca- • sjon for hardy and perilous adventure.— gentleman be was, with his wife and his
star and that the Presidencv nower-ind upon the frontier at the peril of his life, ansv. er, because the premises being false, j tion, arraigned before th:s House as an He has even bared his breast to the shafts i children, and twice the number of grand
nlac'e—before this I sav he introduced his fortune and his all, in order that he and contrary to law, the conclusions are object of calumny and detraction. j of the lawless and murderous savage; j chddren, all marching along behind him.
the resolution which I will read and I may acquire a little home for himself, his entitled to 110 consideration. M e pro- i The means thus resoi ted to by the ad- j his stout arm has ever been raised in de- j He paid his way honestly, and went in.
read it not to show that General Houston 1 *ife and his little ones. For that class Pose this bill to give these pre-emption j vocates of this b.ll, are as unfair, as the > fence of women and children. He is ! I saw just then some little ragged boys
I have always been taught to legislate, if settlers 160 acres, m compliance with the ; facts they assert, are unfounded. . • confined to no particular spot, but betakes | standing near the entrance, and display-
I should ever have the right of le- present pre-emption law as it now stands, j Speculators, as a class, are as honora- 1 himself wherever his brave and. manly 1 ing an evident anxiety to get into the
But I oppose a different w'iich prohibits the acquiring ot more j ble and generous as their denunciators gp'n it can encounter the common enemies show. At this moment one of them took
knd of class legislation. I oppose than one pre-emption by tbe same per-j here, or those who claim the benefits to 0f his race. j a dodge, and slipped in amongst tho par-
A~ 1 *" 1 J l" ' They have asked j The life of the pre-emptioner is essen-l tv of the old gentleman. The other lit-
nau-1 tially different. He secures him a home • tie fellows, after the manner of such boys
er and eternally precludes him from ta- j seating cant ? ! under the law, and feels that he is per- j called the attention of the door keeper.
The disposition to speculate is one of mment, or at least, hs much so, as any 1 T> "
at that day was an Anti-Know Nothing,
but I read it because it contains the senti-
ments of a true patriot, and because it g dation
supports the position that I contend for
to-day.
I have not time now to run through the . . .
message of Gen. Jackson, or to read the nopolists; that class legislation that makes
speeches of Hugh L. White, Mr. Polk ! the rich richer and the poor pro er.—
that legislation which grants the belt- son- And whenever that right once at-! be secured by this bill. They have as
efits of the State exclusively 1o mo- taclies to one pre-emption tract, it forev-| for no privileges here, and why this i
and the
oat of> house aud home these settlers who, !a id others, but as I have the document i And I am surprised to hear men talk
as we are informed, and which iaforma- rhaady I will read a little from General j ahout class legislation, who can get up
tka lheli$Te to baeorreet, settled upon ' Houston, (here on this floor, and by way of special
tfcrt'fpt domain without the knowlelgr j In the Senate of the Uhited States, on I relief bills, and by way of bonuses to cor-
thatT&ey #ere violating any law th.\t at | tbe 30th of January, 1850, Gen. Hous- porators (.impose of the pubbo domain,
that time existed ? I am informe<l and ton introduced the following resolution : not a9 the pre-emption settler asks, by
believe that such is the fact. I am sn- j "Jhzolved, That the committee on Pub- | quarter and half sections, not even bv
formed by credible gentlemen upon this ' lie Lands be instructed to enquire into the I leagues and labors, but by parallels of bcfJre *he Clerk of ttie Countv
floof, thai these occupants who have set- j expediency of granting to each family, j latitude and longitude, and by hundreds J b
tlisd qwo these land-, the principal nor- not a landholder or an owner of property Ian^ thousands and millions of acres.
worth iiiteen hundred dollars, citizens of | -^r'd when the poor pre-emption settler
comes before them to ask for
Oh! mister! there is Bill Waller
his the prominent characteristics of the Am- 0f our migratory nation of people. Ilis getting in with the old Colonel's party."
im-| erican people. It is a field that arouses object is the cultiva'ion
of his little hon e, j The door keeper turned around and
a ! replied to the envious urchin
h.! You needn't be a
upo
tion of them for whom relief is sought at
king another pre-emption. When A,
the pre-emption settler, transfers
claim, he merely gets pay for bis im-
provements—ami what has B then to do'/ I and invites the enterprize of all classes of an^{ he is found as well in 'a dense as
VVLat conditions does the law iuij o-e up- ; our citizens. We are, indeed, a nation sparse populat oi, an 1 oftener in both, j You needn't be a hollering. I see
on him? lie has to step iu the suoes of j of speculators. This is attributable . to j than on the extreme frontier. 4 j Bill \Valler, but I am not going to dis-
A, aud fulfill all the conditions attached ; th^faet thal^Haws extend to all equal i I have pointed out whit I concieve to 1 turb those honest gentleman and ladies
to the claim. Aud not only this; but; privileges. i be the essential diffe. ence between the i to get him out: Th jy have got a right to
j I have never known a man refuse to {two classss, n it for the purpose of dis- go in—and so has Bill Waller, too, if I
! speculate in the purchase and sale of any pa-ag *ing either, but for the benefit of j have a mind to let him. So, hush !"
Court ot the county where the land lies, j kind of property, when the opportunity t'aose who have failed to percieve this dif- j If, Mr. Speaker, in order to exclude
and sa\ ear that he has done tins and not ; presented itself. And here, Mr. Speak- jference. | a smail fraction, you insist on establish-
the li tie 011iy sncar he has done th.s, but prove it j er, I might propound a pertinent inter- t gpaa]<er_ J am opposed to this bill j ing a distinction between those who set-
they by his two compurgators—by two wu- I rogatory to some speculators or. this floor, ■fonzvux I believe if it becomes a law ii I tied there previously and those who set-
the fianda of this Legislature by the bill j the United States, or emigrants who are' ..... ^
JhSlSSfcd'wmh 4A\feMa"h^«riof aclTof tad ; houreati to™. W,! ™ \ Im of otta^hS™.1"wS"f,h" P" ci£c I the passage of
sippi and Pacific Railroad charter.
Now, sir, it is a rale of law well known
to all the lawyers upon this floor, and
perhaps to every other member, tbat that
bill, taking effect from and after tho date
of its passage, operated upon all persons
in the State, without regard to ignorance
from its want of promulgation,
the rule of law; but it is a rule
of law that I always thought tyrannical—
a rale of law that I always thought too
moflh resembled the edicts and degrees of
that tyrant Caligula, who caused his laws
to be written in small characters, and
posted too high for men to read them in
order to have a pretext for executing them
for disobedience and confiscating their
fortunes.
Well, that law took effect from and af-
ter,its passage, and according to the rule,
it was constructive notice to all the realm,
or to al\ t^e people of the State. These
people^hen, in settling upon that which
they flosiceived to be public domain, after
the passage of tbat law, and by the ty-
rannical rule I have stated, having con-
structive notice, but before they had ac-
tual notice, or knew any more than the
< child unborn of the existence of such a
law, Violated the letter of that law, but
s not, as I contend, the higher principles of
equity. Then, I say, by every principle
• of equity aud justice, we are bound to
Jtect them in the occupation of this
|>Botec
We are not to presume that these men,
who have settled upon these frontier lands
: are lawyers, and know the exact extent
of this statute, or the exact constructions
it Should receive. It would be a violent
; presumption indeed—contrary to reason
-and justice. For many of the most
learned lawyers in tbe country differ as
. to the construction of that as they do of
all other statutes.
Many of these men, then, settled upon
this portion of the public lands before
they knew of the existence of the law
making the reservation, and others after
the forfeiture of the contract by Walker
aad company, when they believed that
law was dead. They did not settle there
wantonly and wilfulfy, intending to vio-
iate the law.
I am opposed to the amendment, and
in favor of the bill, because I believe the
amendment to be contrary to the princi-
ples of equity and justice, and contrary
to the true policy which shonld be adopted
,andcarried out, not only by this State,
ibut by every people, State or country
ipcofeasing republican principles and pos-
sessing an unsettled public domain.
I oppose the amendment and advocate
the bill, because in so doing I am acting
in accordance with principles I have al-
ways entertained—in accordance with
the true principles of democracy taught
me hy the old gamisiels of the democrat-
ic party in my earliest youth. It is the
tteaehing I received from the hero of the
HermitSjge—it is the teaching of a Jack-
aon, of a Grundy, of a White and a Polk.
And these principle* the democratic party
of this nation have always advocated.
I am not voting against the amendment
acres
and wben said families shall have resided
on said lands so granted three years con-
tinuously, and shall have erected build-
ings and cleared ten acres of ground
thereon, a patent shall be issued by the
Government of the United States, free
from all cost to the grantee."
And if his Know Nothing friends will
promise still not to read him out of their
ranks, I will read some portions of his ar-
gument in support of that resolution.
.Not, sir, that I would charge the Know
Nothing party with being opposed to pre-
emption, but there is a clause here which
takes in the poor down trodden Irishman,
driven from his native laud. Yes, he *>ot
only would take in the Irishman, but he
takes in tbe Frenchman, the Hungarian,
the Swiss and the Pole, the German and
all. Mr. Seward had introduced a reso-
lution to take in the Hungarian, but Gen-
eral Houston did not think it comprehen-
sive enough—it did not embrace the Irish.
In support of that resolution, General
Houston says:
" As unanimous plans for the purpose
of promoting the settlement of the public
lands have been suggested and referred to
the committee on Public Lands, I may
say tbat I think these lands could not be
better disposed of than in providing homes
for the necessitous citizens of our country,
and those who may come to our shores
requiring assistance. As these schemes
have been referred to the committee on
Public Lands, I have thought this a pro-
per time to move this resolution. 1 beg
tbat it may be referred to tbat conmittee."
Further arguing General Houston
says:
"This is a measure originating not with
reference to any ulterior object, further
than the accommodation of such persons
as are really necessitous in our own coun-
try, and not, as I remarked, intending to
make it a substantive resolution in its ori-
gin, but for the purpose of embracing a
large portion of our population, and such
as will necessarily arrive on our shores
and mingle with onr population, (which
was the sole object I had in view.")
Still further arguing, General Houston
says:
"The policy which I have always en-
tertained, and upon which the country
acted in which 1 have been situated for
years past, has been a policy
To protect him is class
is one objection they
. . charter. ! the law exempting the reserve from loca-
show a deed troin A, conveying the land i prompts them to malign the vocation in j j am 0pp03e(i to it because these men | tion, you make a decision that may be
to him, and then that he and A, under which they themselves labor ? I leave it ^aye 8ett}C(} therein open violation of j fraught with impartial consequences,—
whom he holds, have lived upou and cul- j to them to answer the question if they — ■
is a speculator.
legislation.
Yes, sir, that
have to these pre-emption claimants—■ . „ , . . , .. - , ..
they are speculators. Well I have heard T' . PT
- J ,' ,, rr v . f 'eil by the statute, before he can yet a
of speculators all my lite, but now for 1 S. , ~ .' , . ... ...
.1- J ^ r l 1 1 c .1 ' certificate trom that clerk, which certili-
the first time 1 have heard 01 the pre- 1 t „ , . r ' , .
.-ii , . t 1 I- ■ cate lie must nave belore he can procure j proposed amendment
empt'.on land speculator. I have often r c
r r -- - a patent, io suppose the law to be vio- The ol isct of the f
think proper.
I will now notice as briefly as possible
the merits of the original bill and the
heard, and I have seen a little of the cer- I, ? , - - , ?
sc . 1 , 1 t, . c lated 111 all these particulars, tor the pur-
tificate land speculator. But now fort , ■ '■ . ' x .
a v t 1 jaia 1 pose of speculating in that amount ot land,
the first time have I heard the term used r.,f ° . . '
... ; is indeed a most violent presumption.—
in connection with pre-emption. !, . . v .
.... , ' ' , ,r 1 It is presuming that not only those citi-
„^ere" the sP°cu!atlon here, Mr. jZens, but the officers of the government
Speaker? The pre-emptioner setMes down |indulge roa(lil v in wholesale perjury.—
on his 160 acres of land He becomes a , That -a t00 Vio]c1U a pre!iUmptlon l0 be
taxpayer; lie-turns that which was eutertained for a moment.
worthless to the State, into a source of j A beauufui speculation this for B.—
revenue. W hat is this land profiting i Ile b from A hmi a m consid_
the State to-day. Jsot one cent, riun eration for his liupiovements, and then
the pre-emption settler is profiting the ha8 t0 011 sinJ ( Wltll al) these
He takes 0
State by occupying the land
160 acres. Does be pay a consideration
for it? I contend that he not only pay;
a consideration, but the best considera-
tion that any State or nation ever receiv-
ed for its public domain. They guard
your frontier; they protect your soil;
ol ject of the former is to give pre-
emption privileges to all who are settled
within the Pacific Reserve, whether they
settled there before or since the charter
To those who went there
was granted
law, and I am opposed to rewarding any j You impose on every pre-emptionist the
such act. | necessity of making proof thut he did set-
I am opposed to it because it gives ex-1 tie there before the resesvation of that
traordinary privileges to a few, when if, portion of the public domain. And
it is proper to grant it to one, those same j where are the proofs to be made ? Most
privileges should be extended to all. lawyers would say, in the courts^ jps-
Mr. PARSONS: I will remark, Mr.! tice. And every honest p e-emptionist
Speaker, in addition to what I have said j wto settled there previously to the pas-
in relation to the notice to the settlers of j 8aSc the act, will be obliged to go in-
court -of justice, and jtrove that be
~ . ., .. , ^ , . , the existence of the railroad act, that even
previou, to the t,mc when that law took b the tyranical rule of law to which I hay «
effect, I am entirely willing to acccrd the >J th„„ „J
onerous conditions, belore he can get a
title to the land. A speculation rather
i over the left.
| No sir, these settlements are made from
I the honest desire of the man who has no
! home, to ob.ai.i one. For no man who
, - is able to buy and speculate in land ever
they are there, to respond to the call of jtake8 a pie-emptiou. He finds taster
their country, whenever that country is j mcan8 of speculation. It is the hardv
mvaded and wants their aid. Jviot like j plyneer? wli0 Wiahes to better his condi-
the land speculator, who sits on his sola j tiou und t a home for bis Wlte and ru.
in *ew lork or New O. leans, and works j Ue oncS) who is willil to a lus llfc
his wires m Texas sending dispatches to |and his ail on frontier. And the
his attorney to sell or to hold on, as en - |advaiitages the government will derive,
cumstanees may dictate—to bring su t! anJ the 1{aiiroa(1 company who may take
against the actual settler, or to withhold j the contract> win derive fl om the occupa-
it a little longer for a compromise; he is !tioa oftlu8e settlers, are incalculable.—
here on tbe soil, paying taxes, to support j Wilo can build a RaiJl.oad through a bar-
the government, and ready to defend the j rcn ^lerness? The Pacific Railroad,
country. | ga^.^ though I am one of its :-trougest ad
Aud I think, sir, as the hero of the : vocates, will never be bu.it until that
Hermitage thought, and as Gen. Hous- I coui.try is settled. No sane men are go-
ton thinks, that the best disposition that jng t0 undertake to construct a work of
can be made of its public lands by any that magnitude through a wilderness.—
State or nation, is to give them to actual : The quicker we get the country settled,
settlers in small quantities, suili as they j the sooner we will have the ltaiiroad.
can cultivate. I say, then, as the hem j j propose a plan by which settlers will
of the Hermitage said, let us give homes preCede them, to raise provisions tovaiBji-fvi^7'f"T
to our people, as long as we have lands „ort and maintain them in the coaj&iw&ii:V?®"*.
privelege of perfecting their titles, but to
those who went there subsequently I am
not.
The gentleman from Collin, (Mr.
Throckmorton) declared that nine-tenths
of the settlers who ask relief went there
p; evious to the passage of the Act. This,
I presume, is merely the opinion of that
gentleman, and could I have believed it
correct, I should have less obje 'tion to !
the bill. The gentleman from Tarrant
(Mr. Parker) concurs with that gentle-
man also, in that opinion. It occurs to
me that if such was the fact that the ad-
vocates of this measure should have con-
curred in the amendment proposed; as in
that case, it would secure to nine-tenths
the desired favor, and without the amend-
ment the bill cannot become a law.
It is my opinion that nine-tenths of
the settlers have gone there since the act
took effect, and that they did so with a
full knowledge of the law.
alluded, we could not charge these sei
lers with constructive notice of the exid
tence of this law before they had acouaj
notice, or at least before they had suffi-
cient time, by due dilligence, to ascertai
that such law existed, for this act (thougl
it perhaps may be considered public in
cabinj
hang
justige^
was there before that tithes'
will be to impose upon every Jag*
within that reservation a law suit to
over pre-emptionist, however honest be
may be, even in the opinion oft the oppo-
nents of the bill—to hang ovw his head,
I say, a law suit ; and liis cows and
calves may have to go to the payment of
its nature,) was printed and published*! the atton.ey that shall sustain liis honest
among the private acts of that legislature, 'claim.
It is a law suit you are legislating
hpon the heads of tiffin priinnpt"ri]
nine tenths of wh*om as asserted he
i which printed acts do not carry with them
constructive notice of their existence,
not even by this rule, which I have com-: and not yet disproved, are hoaestly and
naw.,1 tft the. hidden laws and edicts of legally entitled to their homesteads. 1
trust this House will pause before they
adopt a measure so fraught with mis-
chief and oppression.
And now, Mr. Speaker, I will take up
pared to the hidden laws and edicts of
Caligula the Tyrant.
Mr. SMITH of Harris. The county
which I have the honor in part to repre-
sent is situated near the seabord in the
lower country, and at the first blush it' the case of those wh<. came in subsequent-
might be supposed that my constituents ; ly; and boldly and fearlessly here I defend
have no very great interest in the matter j them. I will a ln.it, if gentlemen insist
now before the House. But I do not so j particularly, that they arc wrong-doei-s.
conceive it. In everything that concerns j The question, however, is not simply bo
right, in everything that eonccrns the ! tween the State and the pre emptioners
prosperity of the citizens of Texas, i .as tortious cnterers on the reserved
j In behalf of the settle -s, the gentleman j whether living upon the sea board or up- i lands—there are other parties, who how-
from Rusk (Mr. Parsons) has plead ig- j on the frontier, my citizens are interest-! ever studiously they endeavof to conceal
nn™"'"1 T,1'a ° 'ed and I as their representative feel | themselves are among the mos*active op-
bound to carry out their wishes, express ; pouentsofthepre-emptorsandmost clam-
their opinions, and dafend them upon I orous for the rights of the State. These
this floor. I parties are the land speculators—wrong
I think the gentleman who has just! docraof ™mistakeable stripe, whose op-
^ ] taken his seat. (Mr. Davis) has not acted Pcr?tI0?s 3rc ?" a fr ™oro 1
ls"! with his accustomed prudence, or with ! scalc of rascaUt* than ha8 ever be:u 4t"
norance. This, though not a legal de-
fence, would, if true, palliate the offence.
Who can believe that any man in this
country was ignorant of a great measure
in which every man in the State felt an
Interest; yes, I may say that not on]
TeXans, but the entire South: a meas-
i tire.
. - .. port and mar........ ,..Vu ...
t0 give—let us give homes to the home- jtjon „f that road and the roads odfiimiw
less, and make freeholders of our people, : t,,i vv;t], jt
as long as we have an acre ot land to dis- j j>y giving to all the pre-emptiotvse,
Pose ° " (tiers who will settle upon the t
But, say gentlemen opposed to this the State, tracts of one hundredtsBCmjjj
measure, tliey will soon take up and oc- j ty acres each, we would not diminish the
| copy the whole public domain, and how ; aggregate value of the domain of the'
liberal to- s then shall we build railroads? I say to- State a single farthing, as every oni
itnrA
*00 that was canvassed long before j ^ ^ ^ hag b a {QV„ c0ur80 i tributed to tho pre-emptioners.
. m: wv —— of adv0Cacy in the courts of justice, in I It is a fact well known to half the gen-
the flings he lias thrown out against | tlemen on this floor, that over evqw foot
tho distinguisned chairman of the Com-! of good land in the reserve there isliang-
mittee of Internal Impi ovements (Mr. I ing a certificate ready to bo clapped
$5&d was first ■ Throckmoi ton ), ti e giftel eentleman ! down upon it the moment the reserva-
h>li sides to be j from Nacogdoches (Mr. Och'lrree), and ; tion shall be repealed—a measure confi-
:<rwheri it was de-j the old war-horse, the warm blood of | dently looked for, and somewhat silently
should traverse | whose family has v a cred t ie soil of Tex-; but pertinaciously advocated around this
mdl meaS
lhwl^that
wards emigrants—liberal towards citizens 1 day, if I by my vote upon this floor, ; these little settlements will serve tolh-of her prospective greatness. A
—and in appropriating the public domain j could divide the public domain into tracts \ crease the value of the adjacent land^ :of I'deiSifie to enhance the prosperity of her
has acted upon the principle, that an in- | of 100 acres—if I could by that vote the State to more than double what tliey people, and the glory of our noble State, land
dependent and well established population : place an occupant settler and citizen up-i will at present command. Settle the jlnducCd the Legislature to grant tbat j tlies
is of more advantage to tbe community j on every one of those tracts, what would country—the roads will soon follow, and
a3 a republic than the possession of pub- ! I be to-day? I should be the greatest of vour lands increase in value.
lie lands that were unprofitable, neither benefactors to the State of my adoption. " I am in favor of the pre-emption set-
paving taxes nor contributing to the gen- 11 should excel all the feats of the heath- tier; I am in favor of the Pacific llailroad,
eral wealth of the country."
And still further arguing in behalf of for Texas and the southern portion of agement in our power to all the llailroads
his resolution, he says: I this confederacy than Cadmus did for throughout the country. I think we
" I sympathize, Mr. President, with the Thebes, when he sowed the dragon's have public domain enough to satisfy all
oppressed and ruined Hungarian, whilst I tusks, which sprang up legions ot armed the demands upon it. And I say satisfy
despise the power which has trampled him men. I should do more for the State the claims of these pre-emption settlers
down. I regret tbe unheard of cruelties of Pcxas and for the southern portion of first.
that are row perpetrated over the broad this Union, than Ilcrcules did for the Mr. DAVIS: I had hoped, as a con-
land of fair Hungary ; but, sir, we have commercial world, when he put h'sshoul- sequence of the decisive vote on yester-
other emigrants to our country, with der to, and heaved tho mountain of Gib- day in favor of the a(mendment of the
whom we claim the clostest ties of affinity, i raltar asunder. j gentleman from Hunt, Mr. Hooker) that
^nd fo? theh31 from personal or sectional and are bound by nature and by kindred.! What is T«xas now? With a territory ' this vexed question was settled. The
'^n soil, from East to West, I was I as, (Mr. Parker, of Tarrant). I think capitol. Thse certificates belong to land
it Was not prudent. I think the impres-! speculators who will withhold these lands
sion made on the members of this House ; from improvement and beneficial occu-
011 the country by the allusion to pancy—who, figuratively speaking, will
grant mat 1 these gentlemen will be, that a measure lock them up in their strong-boxes, to be
charter with the Reserve. The latter was | warmly advocated by them has a strong j sold at some future day at enormous
d(*ftmed essential to its success. In con- j presumption in its favor. And in the j profits. The entire reservation is cov-
•ideration of 'he great benefits to be de-! short argument I shall make in the dis- j ercd in this way. The gentleman from
ived, socially, politically and pccuniari-1 cussion of this question, I shall adopt j Smith, (Mr. Davis) has stated that he
en Gods of antiquity. I should do more and of giving all the relief and encour- ly from this measure, I have ever been ' and rely upon the statements of facts ] owns land script which he would like to
r 1 -<■ its devoted advocate, and am now opposed I made by the gentlemen referred to.— locate—and he is willing, if I under-
to the repeal of tbe charter or the reserve, Although those statements have been, j stand him, for all the good land to heta*
exccpt that portion of it lying east of the ; after a fashion, contradicted, I do not j ken up by the pre-emptioners before he
Trinity. The reason that influences me j understand, and I do not think the J can get a chance. I felicitate him on
to favor the repeal of that portion is, that; House understands, that tbe substantive j the possession of his land scrip and trust
there are only, as I have been informed, ! facts alleged by those gentlemen have j he may obtain good locations—for I am
between two and three hundred thousand been in any degree controverted. I; somewhat like Mr. Templo in tlm novel,
acres of public domain in it, and that is have to say to the gentleman from Smith: he had a profound respect for propriety,
in such small bodies as not to be availa- (Mr. Davis) that I regard his word as. But, sir, as for his chance in the^eserva-
ble to any Company undertaking to con- good as tbat of any gentleman upon this l tion—I defy him, sir, to locate a single
struct tho road. floor, and would as fully accord him my! piece of scrip then, now or here-
after, unless he has made already his i
rangements, or has an atde
with the parties who have made
ments. No sir, he has no chance the
The horses, as you have been told,i
ready saddled in the stables of this
to convoy the first information of tbe
peal of the reserve to the sp
who have their certificates hanging
those lands.
What then are we called on to do
the opponents of this bill ? We are1
led on, sir, to decide against the pr
| tioner who has settled upon a title 1
! of land, cultivates it and makes tbe
j crness blossom like tbe rose, to dril
! him from his home, in favor of a set
; big-bellied speculators residing in mi
I instances abroad, who would lock up
1 these lands from beneficial occupancy 1
| settlement. No, sir, I am in favor of|
i such legislation—I aiu in favor of
actual settler. I vote for the men
! work the soil. The State has full pei
j to grant the lands in tbe reserve to
; actual settlers, on easy terms, aud
| oat detrknent to the rights of any
! whatever. I think the present
■ proper one for the exercise of tbis pow4
I Tbe subject before us, Mr. Speaker,4
validating of locations made by
pre-emptors has an important cvnne
with Internal Improvements, for
promotion of which the district of
try in question has been expresslj
ed by tbe Mississippi and Pacii
road act.
I do not propose to discuss tbis ^
at length. I will simply state that
lowing the reserved district to be 1
up by persons actually and honestly <
tivating the soil, you will do imm«
bly more towards huilding railroads
developing the resources of that i
than you would effect if every foot of t
portion of the public domain were
up as a wilderness, and completely:
served from occupancy and cultiv
And I am here reminded that the citi
zens of my own county have some
est in tbis matter. Tbe merchant* <
the great commercial cmgfiSUUgt the ck
of Bouston, are interested in this
ter. For, sir, their commerce
even to this remote district—namer
wagons transport the produce of the
served district to Houston and carry f
the merchandise which, is there 1
ed. And athon our Houston and
I£is«r Railroad shall be "ft—pHtofl
miles as it will be in less than
months; then, sir, we shall do all
trade and fraoiwess of these calu
pre-emptors and their commerce
find its outlet through the parts id <
own State as it ooglit to do. Nor 1
will Internal Improvement ent
lose any of the means of incourage
which we possess in our public de
by tbe settlements of pre-emptions,
the lands that lie beyond these i
ments, will by their proximity to
acquire all the market value at
which the custom portions of the l
have hitherto possessed.
Before concluding, Mr. Speaker;'
will take another view of this mat
one that comes home to the vital int
ests of this great State. I will sapp
what I neverthless believe to be imp
ble, that you can by legislation retail
this reghn known as tbe "reserve"
ho st ;ti of wilde ness. for several yw i
that you can establish a broad bel
country 140 miles in wedth betwee-
Northern part and the Southern p? rt
Texas exempted from settlement, xcl
I ded, reserved from occupancy Bui!
sir, cultivation, habitations, homes, swe
along between its Northern line, and'
Red River; the same thing goes on 1 ~
the Southern border of your wilde
the wave of hnman beings will be 1
wending westward. What will then
the most prominent fact—the full sue
of your legislation would be almost ntte
ruin. Sir, the opponents of this bi
would then have established two popul
tions, two communities'dissevered in feef-j
ing, distinct in interest. And from what]
I have seen and what I know, we sha~
there be nursing a free State—a popula-j
tion tbat will demand to be erected int
a free Sta^e on our borders. And thei
ifl demand it if right, under the 1
tion articles. Or if not preadvent
separate State, we shall have what 14
en worse, a body of abolitionists cell
from us geog aphically, cut off fron
in interest and feeling by this wilder-]
ess of 140 mih s. Gentlemen, you whe
justly deem it of infinite moment to
serve Texas as a slave-holding^tate at
the great town of streaj^ft in tlx
Southwest, will you put aplknife
your own throats ? I appeal to you g
tlemen from the low country. I ask yos
planters on the Caney, Colorado and
Brazos arc you willing to establish on|
the upper Red River a population separ-
ate from tho rest of Texas, hostile to4'
institution which is ihdispensablo to
prosperity of your part of tbe country,!
for without shivery these Southern riv-l
er districts which I have named would!
not be worth the long-legged birds that!
fly over them ? Let us pause before wej
madly, suicidally reject this bill.
I know tbat in tbe eyes of some
gentlemen these pre-emptors, or rattier!
a small portion of them are tresspassers, I
but sir, they are tresspassers on no man'el
or no company's, or no corporation's I
rights.
The State owns the vacant domain in I
the reserve—the State is the great aad 1
beneficent parent of all its citisens, wej
the Legislature are servants to exercise I
its powers, to carry out its will—let eurj
legislative action be done in kindness aad!
wisdom. Let us validate tho titles of I
the pre-emptors to their homes.
I, sir, shall rote forthe original bi& j
as reported by the comlnittec.
Suip IU ildino.—.Maine, during the last j
forty years, has built three-eighths of the]
whole United States tonnape, and, though
other States have immensely increased their j
ship building of late, that State still enje
the same pre-eniinenee over every one.
New Bedford Meirnty says:
There is an unusual activity iu this bvn-
ness the present season. In tliis vidnity no
less than eight ships have been contracted
for, to he employed in the whale fishery, 1
| of which are tor New Bedford, one for Fair-
haven, and one for Dartmouth.
mar |MB|
Mexico.—The news from Mexico is _
of nraeh interest. The election for deputies
had passed over without say dii
Another conspiracy had beea diacevcned at
Puebla by the authorities aad 1 ^
Alvarez had resigned the PrsHGeaov and ]
nominated Comontort in his pkoe, whichSf, j
pears to meet with approval. •
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Ford, John S. The Texas State Times (Austin, Tex.), Vol. 3, No. 5, Ed. 1 Saturday, January 12, 1856, newspaper, January 12, 1856; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth235791/m1/1/?q=tex-fron: accessed July 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.