Texas State Gazette. (Austin, Tex.), Vol. 3, No. 13, Ed. 1, Saturday, November 15, 1851 Page: 5 of 8
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1851
TEXAS STATE GAZETTE.
-
around which tho reluctant and disaffected of the adja-
cent counties would have rallied in support of our jurisdiction
and laws.
It will be recollected that the Commissioner appointed to ex-
tend the State's jurisdiction over the north western counties
was received at El Paso with respect and courtesy ana tno pro
position which he bore irom his government were eoruiany ana
promptly embraced. Since the full recognition of tho laws of
tho State there the people have exhibited characteristics
that belonged to the older and more populous counties. They
"have recently manifested their devotion to the constitution and
laws of tho State in the election of an upright and intelligent
.Judge; and they havo not been less judicious in their selection
rtf'f-lwiii' floWntion now constituting a Dart of your Honorable
body. In tho progress of a complete civil organization their
prospects arc indeed nattering ; but i regret tu umumncu iu mo
Honorable legislature that the recent withdrawal lrom that por-
fi'mi nf flw. frontier of the entire military force of the United
States which occupied that position for the last two years has
left the inhabitants and their property exposed to the indiscrim-
inate attacks of bandits and hostile Indians.
Kor the condition of that portion of the State in reference to
Its militarv wants I respectfully invito your attention to doc
uments marked J'J JNos.l to nerewun iransnuuuu uuu x
most earnestly invoke from the Legislature such action as will
he most likely to insure security to this isolated but interesting
portion of tho State. ...
If we trace the valley of the Rio Grande through the whole
extent of its populated portion we shall find in the record of the
unhappy events which have transpired on that portion of our
border abundant cause for the parental interposition of the State
gevcrnment. Notwithstanding a military force has been em-
ployed at various points along the valley we have been time
nftAv i-.inm bc.mi cmlled noon to mourn the loss of some relative
or friend or to sympathize with unfortunates beings who have
been made the victims of want in consequence of the destruc-
tion of their means by tho hands of the Indian savage.
Experience has demonstrated that the present sybtem of mil-
itary defence upon the frontier of the State is totally inade-
quate to afford security to the inhabitants and their property ;
and 1 sincerely trust that the Honorable Legislature at its pres-
i onacinn will nv-x s.ik1i iliiv(.t-.ion to this matter bv addressing
itself to the Federal Government as will secure the persons and
propertv of individuals resident on our borders by calling up-
on the 'General Government to afford immediate and ample
military protection to every portion of our frontier or by de-
maudiug the removal at once of all the Indian tribes within
the limits of the State; and that in the event of a refusal or fail-
ure on the nart of that government to do so by authorizing the
State Executive to employ such volunteer force from time to
time as may be found sufficient for the attainment of the end.
The commerce of the Uio Grande now very considerable
SPiild be greatly improved if this great international stream
-n (.l..ii'(l of nil obstructions. The inhabitants of the North
ern Mexican States arc equally interested with our government
and it is suggested to the Legislature whether or not this ob-
ject eannot'bo promoted by presenting the subject to Congress
through our members and aUo by authorizing the State Exec-
utive "to correspond with the Mexican States bordering on that
river. This work is also important to the United States in a
milihiw in lint of view.
I have received no official report from the Attorney General
relative to the suits pending in several of the courts in which
the State is a party. From information derived from other
sources it is believed that one of these suits is of such a charac-
ter as to demand the attention of the Honorable Legislature.
Under the authority of the Ordinance adopted by the conven-
tion which framed tlie Constitution of theState one of my pred-
ecessor directed a suit to be commenced against the contractors
of what is known as u Peters' Colony" to ascertain whether or
not they had forfeited their right under their contract. That
suit I am informed is still pending and that no progress has
been made in it. No report has yet been received from the
Coinmibioner appointed under the law passed at the last rcgu-
i.. ..;. -r ftw. r mri Jnhii'o. to o.e.oure to the settlers in that
Jill SWiJIUU "I "ivy "-fV '" " .
Colony the lands to which they arc entitled. Jhnt oiheer is at
this time performing the duties required of him under the law
and as soon as his report is received at this Department it will
be submitted to the 1 Eonorable Legislature. I am informed
that the law in its practical operation has been found defect-
ive and has failed in some" particulars in effecting the objects
for which it was intended. Shortly after it was passed an in-
junction wtis granted by one of tho Judges at the instance of
nn of tlm Pniih-nntors. which has greatlv restrained its opera
tion and that suit I am advised i's still pending and may not
he brought to a final decision for years.
As tlio act in its terms declares that nothing therein contain-
ed shall be so construed as to prejudieo tho rights of the con-
tractors it would seem proper that some method should be
adopted to ascertain their rights atan early day and if possible
to obtain an amicable and satisfactory arrangement of the
whole matter. The immense litigation which will be involved
in this controversy if permitted continue will greau lei.uu
tho nrowlh of one of the finest districts in the State as nothing
is more detrimental to the permanent improvement and ad-
vancement of a countrv than uncertainty ot tenure m its lands.
I would therefore recommend that this subject receive the early
attention of the Legislature. I havo not sufficient data before
me to recommend any distinct course but as soon as I receive
i ...- ft. Mn flrtinmiwiniipv of this and the other colonies
tho subject will bo more fully presented to you. 1 lie report ot
the Commisioner of Fisher's and Miller's Colony has been re-
lerewith submitted marked document r ro.
pcrity of a country as the unsettled condition of its land titles.
This is an evil from which our State has greatly suffered and
though it has been partially removed by timo and the adjudi-
cation of our courts it is still a serious obstacle to her rapid ad
vance in prosperity. y hilst I do not pretend to be conversant
with the intricate' system of our land law or to be able to de-
vise anv general nlan for tho ouietimr of land titles L will ven
ture to suggest one enactment at least which if mado by tho
Legislature would in my opinion be attended with tho most
beneficial results.
Under the law as it now exists locations may be mado upon
any lands claimed to bo held by prior grants and tho parties
holding by or under such prior grant may bo forced into court
to defend tho validity of their titles.
The only restriction known to me upon this right of location
is that imposed by tho act of February 5th 1850 which prevents
them from being made upon lands previously titled or sur-
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veyeu wiuiin uio iiiuhs oi uio eoiumes ui au&mu jjuiuii. huh
DeLcon. These locations are usually made and suit instituted
upon them for some supposed defects in tho prior grant or title
and if the locator fails to defe.it tho same he can lift his certifi-
cates make new locations upon other lands and test tho validi-
ty of the title under which they are hold. This system of loca
tion may be carried on to an indefinite extont and the evils re-
sulting from it arc so obvious that I deem it unnecessary to men
tion them. Tho right of a person holding a genuine and valid
certificate to locate tho same upon any of tho vacant and mv-
appropriated domain belonging to the State will not bo denied
by me ; but this right of location when extended to lands claim-
ed to be owned by private individuals should in my judgment
be restricted and guarded from abuse by legislative enactment.
If it is our duty as well as our policy to discourage litigation
this object will certainly be effected to some extent by restrict
ing the facilities now atiordcdto those who make locations upon
titled lands of contesting such titles. I respectfully suggest
therefore for the consideration ot the Legislature the propriety
of passing a law which will prevent certificates hereafter loca-
ted upon lands which the records of the country show had been
previously deeded or titled from being removed or located else-
where in case such locations wore not sustained by the judg-
ment of a competent court; and I further suggest that the law
should compel the locator in such ca-es within 'six or twelve
months after making his locations to bring suit upon the name
against those claiming the lands under a previous grant in or-
der that the question of title may bo settled in a reasonable
ceived and is her
il I 1 OLl.
The Commissioners appointed under the act ot L'emuan oiu
1850 to investigate the land titles west oi tueiMiewsnM
closed their investigations and are at this time employed in pro-
.li. . .. . ..i... .;.wi it- will h :n( bntoro vour
nin iifv l win' I'liiiiii'f' wit i.i i:it v.u v n w .1..
Honorable body with a special comnnmicatian from me upon
tlw uuhinril-
Mvou..i.vw w rjfl Hm-mm'::. C'UCU
Tho report ol the lLouorauie uwigo .. -""" :.
oner of the General Land Ollice marked document G No. "s
time.
It seems to me that those who seek to set aside prior titles
for imagined defects in the same should run some risk as well
as those whose titles they contest. It would check litigation
by making locators cautious and prevent much of that wild I
spirit of speculation which is at war with the true interests of
our country. I further recommend that suit should be required
to bo brought upon all locations heretofore made upon titled
lands within a reasonable period or that the right acquired
by virtue of such locations shall be null and void.
The law which now-requires the Supreme court to be held at
three difforont places in the State subjects the Judges to an ex-
pense of which in my opinion they ought to be releived. Their
travelling expenses to and from the different points where the
court is held are very considerable and should not be taxed
upon the meager salary now allowed to them. Although the
amount of this salary is fixed by the constitution and its increase
for the present prohibited it does not appear to mo that this
could be properly urged as a constitutional objection to the al-
lowance by the Legislature of a suitable amount to cover the
necessary expenses incurred by the Judges in complying with
the new law. I therefore recommend that a reasonable appro-
priation be made for this purpose.
The increased trouble and expense which will now attend the
reporting of the decisions of the Supremo Court is also a subject
worthy of your consideration. It will be necessary for the Re-
porter to attend in person at the different places where the
court is hold to obtain copies of the decisions there rendered
or he must employ some one to do so for him. In either event
his expenses will bo serious. In consequence of this and the
want oi any present appropriation no ellorts 1 understand lias
been made to report the decisions rendered since the passage of
the law requiring the court to be held at three places.
It is ceitainly a mutter of great importance not only to the le-
gal profession but to our citizens generally that the decisions of
the highest judicial tribunal in the State should be promptly le-
ported and disseminated for public information.' In view of the
importance of this subject 1 Imvn given it some reflection and
am convinced that the plan heietofore pursued by the S'ateiti ro-
fiiencoto it has not been the correct one. Instead of subscribing
for a certain number of the volumes of reports I would suggest
that UMiitable appropriation be made annually for printing bind-
ing ecc; ami a State Rcpoiterhe elected by joint ballot ol the
two ouses of the Legislature with a competent salary provided
for his payment be giving bond lor the faithful performance of
bis duties. The volumes" icporled by bun .should be the exclu-
sive property of the State and sold for her benefit at such price
and in such manner as miijht be deemed most advisable. It is
believed that the proceeds of such sales would go very far to
wards leimbursing the State for the expenses incurred. This is
the system pursued in the State of New York and some other
State's of the Union : and it has bean lound to answer well. I
lespecifully submit it for the consideration of the Legislature.
I am happy to inform the Legislature that since its last regu
lar session a case involving mst important consequences to this
Slate has been decided favorably to her interest by tho Supreme
Court of the United Stales. I refer to the suit of League vs. Ue
Young Surveyoi. &e which was originally commenced iu the
Distiict Couit of Galveston county.
It had for its object the establishment of headright certificates
which bad never been lee mrnended as genuine and legal by the
hoard of commissioners appointed under the act of the 20th of
January 1S-10 to detect fraudulent laud certificates. The vast
amount ol these cirtificates a large portion of which had been lo-
ited upui the most valuable lands in the country rendered
ecommended to the special con-
sioi
i a lmi.iwifli GnUniiff-Pil. and n
J.n.mim ne ti... T n.iohim. It presents a bnel but most com
prehensive statement relative to the pub he lands ol the country
and of all matters properly connected with that important de-
partment of the State government. It will be found lo contain
much valuable information.
There is nothing which go much retards the growth and pips-
i case of deep uiteiest to our citizens.
John W. Harris Eso. the former Attorney General of the Stnle
was employed by my predecessor Governor Wood to attend to
it on behalf of the Slate ; and he accordingly repaid to Wash-
ington City where ho remained during the last winter until the
cause had 'been argued and finally disposed of. The zeal and
ability with which Mr. Harris discharged this most important
trust' is sufficiently attested by the result of his labors.
Herowitli I enclose for your inspection tho report 'of Mr.
Harris to myself and a printed copy of ilie decision rendered by
the Supreme Court of tho United States iu the cage marked doc-
ument II Nos. I and 2.
I so fully concur with the recommendations contnined in tho
very able report of the Hon. James Wobb Into Secretary of State
relative to the Slate Department that I deem it unnecessary to
express my views on the subjects therein embraced. The reports
are herewith transmitted marked documents I Nos. 1 and 2 ) and
1 have much pi asure in commending them to tho favorable no-
tice of the Legislature.
The report of the Adjutant General of the State relative to his
office is also transmitted herewith marked document K No. I"
and I also take pleasure in recommending tho details and sug-
gestions therein contained to tho attention of your Honorable
body.
I have been informed that tho very voluminous nature of the
reports of the Comptroller the Auditor and tho Treasurer of die
State Una prevented their completion at present. As soon as' they
are received at the Department they will accompanied by a spe-
cial message be laid before your Honorable body.
The report of the Superintendent of the State Penitentiary has
not yet been received. But I have reason to believe that the ad-
ministration of that institution during the two past years has
been in a high degree judicious and successful both as regards
its pecuniary transactions and the system of internal arrangement
and discipline which has been adopted.
The 5th section ot the Vth article of the constitution which
provides that the compensation of the Governor shall not be in-
creased nor diminished during tho term for which he shall havo
been elected entirely relieves me from any feeling of delicacy
which otherwise would exist in recommending as 1 now do on
increase of (he salaiies of all ihe officers and their clerks connect-
ed with the Executive Department of the State government. My
personal connection with the various offices for the last two years
has enabled me to ascertain clearly the inadequacy of the exist-
ing salaries and the consequent embarrassment if not injustice
which results to the very intelligent and efficient individuals em-
ployed in them. I do not forget that it is my duty to regard and
as far as it is in my power to encourage a just system of econo-
my in every department of this Government; nor can I forget
the reciprocal obligation that always exists between the competent
officer or agent employed in carrying on the government and the
governmeiitMtnelf ; and I do not admit that it is a just but consi-
der it as a false economy on the part ol a government which with
the capacity to do so fails to protect its honest and capable pub-
lic servants by providing such salaries and fees as will not only
meet their necessary annual expenditure but as will enable those
who are provident and economical to guaid against the ordinary
accidents and vicissitudes of life.
Our State in its present position possesses an ample field aud
stands in need of all the talent and energy that can bo brought
to her assistance in the conduct of her affairs to ensure her
successful progress and continued prosperity ; and no means
will prove more conducive to the furtherance of this great end
than the establishment of such a system of remuneration which.
while at the same tunc just and equitable to the btate and her
officers aud agents will induce and Becuro the services of those
who possess the largest share of energy and capability. The
policy pursued by the older States in reference to this matter
and which uniformly ensures a just and liberal equivalent for
the services of faithful public servants it appears to me con-
firms the opinion 1 have expressed and induces me to draw the
favorable attention of your Honorablo body to the subject.
I cannot gentlemen close this communication without offer-
ing you my sincere congratulation on the prospect of peace and
harmony which now with a single exception pervade this
Union. The storm which lowered so portentously but a short
timo since over the political horizon has for the present been
dissipated by what is known as the Compromise measures of the
last Congress and as we cannot doubt that those measures
wero founded on patriotism and a desire to preserve our
beloved country from disruption and discord wo may hope
that the feeling in which they originated may continue to ani-
mate the people of every portion of it and that tho blessings
which have heretofore so abundantly flowed from our united
condition will be increased and perpetuated by this healing of
past differences and the promise it affords that future troubles
should any such unfortunately arise will again be met upon
the broad basis of mutual concession.
JJut while we indulge this cheering hope let it not be forgot-
ten that it devolves upon us as a State and upon every State of
the Union to keep a vigilant guard over that sacred palladium
of our rights Tim uoNST-rrimoN and to see that its provisions
and guarantees arc respected and carried out in the spirit in
whieli they were formed by the Patriots from whose hands it
came. This is the only lasting bond of our Union. Let it be
once trenched upon except m the manner designated for its
amendment and Ave havo no security. Encroachment after
encroachment will follow as the interest or prejudices of ma-
jorities may dictate until it will ultimately be an insult td refer
to it as a jti Id. If it bo not now perfect if by an honest con
struction of it it has failed to afford that protection to all parts
and interests of the Union which was intended to bo given let
it be so amended as to obviate the difficulties but let it not bo
touched except by those who have a right to amend it.
That honest minds should differ in the true construction of
this instrument in the present condition of the country is not
to bo wondcivd at. It was framed at a timo when it could
scarcely have been anticipated that its folds were to extend
over an empire almost illimitable and that they would have to
cover and guard rights as diversified as human pursuits can
render them; but became it is susceptible of such variant "con-
structions reasons are presented why it should be so amended
as to prevent them ami avoid tho difficulties which experience
lias shown and reason teaches us will inevitably arise from that
cause; and in my judgment now is the auspicious time to pro-
pose such anu'iutm'ents. Parties interests and feelings in the
various portions of the United States aro now more nearly
oquipoised than they will boa i'ow years hence and that cir-
cumstance combined with the disposition lately manifested to
preserve tho Union may now secure to all its part such guar-
antees as will bind them together in one indissoluble bond.
I am well aware of the apprehensions entertained by many
that if the constitution of tho United States is interfered with
at all evils instead of benefits may result from it and their
consequent indisposition to propose amendment even to such
parts of it as aro admitted to require them. If however it is
apparent that the perpetuity of the Union demands them doe
a-
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Brewster, H. P. & Hampton, J. W. Texas State Gazette. (Austin, Tex.), Vol. 3, No. 13, Ed. 1, Saturday, November 15, 1851, newspaper, November 15, 1851; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth81005/m1/5/: 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.