The Texas State Gazette. (Austin, Tex.), Vol. 1, No. 18, Ed. 1, Monday, December 21, 1857 Page: 4 of 4
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m
aridity their claims and the special legislation of the State
a this 6uhject furnishes ample proof of the readiness with
which our legislators lend their ears to petitioners of this cha-
racter and when too it may fairly be presumed that much
of the evidence essential to the determination of the equity
and legality of their demands bar? perished from the lapse of
time.
Again we want population we want more tillers of the
soil we want more of our rich lands in cultivation ; and
every inducement however slight it may be ought to be held
ut to emigrants. Our land titles are in confusion and there
is a want of confidence in them especially abroad and this
fact alone deters thousands from our borders who would
otherwise make their future homes here. This obstacle to
emigration will be diminished if not removed by the issue
ef land scrip directly to the applicant. ThiB regulation alone
ad tho considerations connected with it will give the State
in exchange for her'public lands thousands of industrious citi-
iienB and ksppy families who will not only lead on but sus-
tain when established the system of internal improvements
anticipated by the adopted policy of tho State.
Ths Committee had some difficulty in fixing a price upon
land Bcrip but they agreed to fifty cents per acre. This seems
low as compared with the intrinsic value of our laud it is so.
But we must recollect that there is no absolute value for pro
perty the value is only relative and that we ought in fixing
the price have reference rather to the policy intended than
to any supposed intrinsic value of land. We propose to sell
to encourage emigration to hasten the conversion of the pub-
lic domain into active capital to increase our taxable property
and to secure the advantages resulting therefrom. Now to fix
a price above fifty cents per acre it was thought would not
aecurc the objects intended.
Certificates and land warrants and even land itself may
be had at fifty cents per acre and less and in any quantity
from private owners. To put land scrip into market then at
A price much above the current price of certificates and war-
rants would defeat the sale of them.
And besides it must be apparent to e ery reflecting mind
that if the State should put her land scrip into market at a
kigh price one dollar per acre for instance she would thereby
increase the price of land horded up in large quantities in the
iands of tk.3 speculators and private land owners and this
etate of things so far from encouraging would actually discour-
age emigration. But it is said that the land of Texas is worth
ae much as the land of other States granted. But why docs
Sopulation Sow here in tides unknown before in the history of
tates? The answer is plain land is cheap and within the reach
ef all. Those who sell out their lands in the old States expect
io be compensated for the sacrifice incident to settling a
Bew country by investing the amount for which they sell their
lands in negroes to be worked on new lands that cost but
little. And this consideration alonelbriners thousands to Texas
The committee on Privileges and Elections to whom was re-
ferred an act to amend the 12 section of an act regulating
elections passed March 16th 1848 have had the same under
consideration and instruct me to report the same back to the
House and recommend itspassageas amended; report received.
Mr. Locke chairman of committee on Enrolled Bills made:
the following report.
The committee on Enrolled Bills have examined the follow-
ing bills and find them correctly enrolled properly signed and
this day presented to the Governor for approval to wit :
An act to remove the disabilities of minority from James j Starr Hicks Howerton
N. Scott William P. Wvatt. William B. Fowler. Georce B. tham. Lee. McKinnev
Yeas Messrs. Speaker Burks Carroll Creijr Crook re-
wards Evans of McLennan Everett. Gaston Hardeman Har-
din Harris of Guadalupe Harris of Titus Harrison. Har.
Haynes of Washington. Henderson of Cass Holland. Jenn
Johnson Lacy Lesueur Lewter Locke Lloyd. McKenr.-
Hopkins Merrjnian Norton Peas Rainey Bow Rv
Smith of Fannin Walling and Wood 35.
Nays Messrs. Aycock Baldwin Bee. Bishop i. iaw
Chilton Cleveland Clow Collier. Cooley. Crawford Da!rym-
ple Dennis Doom Evans of Austin. French Hail Ha:.
.Josepn Kinney h-rb. Kittreii. La-
ef Travis Murraii. Powell. Pike
McKinstry and John P. Arlington and to declare them several- Reeves Rhodes Scott Shelion. Smith of Orange. Tail Ware?
ly or lawiul age and a hill to pay a company
volunteers called into service by the Governor for the pro-
tection of those engaged in transporting -roods and merchan-
f mounted i and Waterhouse -37.
Question pending when the House adjourned yesterday
Mr. Crawford's motion to lay Sir. Reeve ' motion to rvcon-ider
the vote adopting the report of the committee of conteren;
. the disagreement of the two Houses on the Senate's amend -ou
the part of the Senate and Mr. ment to a House hill to pay a company of mounted vr"u:s-
diso over the road from San Antonio to the Gulf; report ac
cepted.
Mr. Guinn chairman
Lee chairman on the part of the House on the joint select j teers called into service by the Governor taken up.
committee maae tne ionowing report :
The joint select committee to whom was referred the report
of the Commissioner of Claims have had under consideration
so much of said report as relates to claims recommended to
the Legislature by the Commissioner for head-rights of land.
The committee after a patient and arduous investigation of I
each claim cmDraceu mtnat portion ot the report believe that
the following parties are justly entitled to the land allotted to
each viz : the heirs of William Barlow one-third of a league;
William S. Allen three hundred and twenty acres ; heirs of
George Gazley one thousand two hundred and eighty acres ;
heirs of Jacob Rinard an unconditional certificate for six hun-
dred and forty acres : Alexander Murchison six hundred and
forty acres ; Samuel Harris three hundred and twenty acres ;
heirs of John Lockhart three hundred and twenty acres aug-
mentation ; John W. Harris three hundred and twenty acres;
heirs of Willis A. Moore one-third of a league ; heirs of Leon-
ard Burns six hundred and forty acres ; Marcus L. Fid ton
three hundred and sixty-nine acres augmentation ; Thomas
B. and James Howard each three hundred and twenty acres; i
Juan Delgado one league and labor ; heirs of John Bradley '
six hundred and forty acres ; Morgan L. Smith six hundred j
and forty acres : heirs of Abraham Marshall one-third of a I
A call of the House was ordered. Absentees M-w
Burnett McKinney of Travis and Shannon.
On motion of Mr. Chilton Mr. Burnett was excused.
On motion of Mr. I'pshaw the serjeant-at-arms wat- r.-
for absentees.
Mr. Smith of Fannin moved to suspend the tall : leal
Ob motion Mr. Chilton was exeused for a few minutes
On motion Mr. Jennrasi excused for a few minutes.
Mr. Bee proposed that Mr. Chilton pair oft' with Mr
non.
Mr. Poag moved suspension of call : lost.
Mr. Crawford moved a suspeiiMon of call : lost.
Mr. Edwards moved to excuse absent members ; In
Mr. Chilton moved a suspension of call ; iost.
On motion of Mr. Crook the call was ui aded.
Question recurring upon the motion of Mr. Crawford to lav
the motion to reconsider on the table the SMM was put ind
carried by the following vote :
Yeas Messrs. I Speaker. BaMma Bee. Bishop. Car-
Cleveland Clow Collier C-.OK. Craig Crawford Dtamia
Doom. Evans of Austin. French Hall Hardeman. Hardm
Harris of Guadalupe Havnes of Starr Henderson of Cass.
Hicks rtowerton. Jennings Johnson .Joseph.
S. rtowerton. Jennimrj .( inson .Insenh Kinnv Kit
lrQfmn linir nf W illiam TlrtlVKin atia41mvm r o lcom-a . a. ll t a1 T "m tt i tt i mm t '
v. .. ..... . vi v.... w.. xj. c ihiihiii i uul jaiuani ljee lucrvennev oi nopKins. oiemman. l:r
Henry Marrutl three hundred and twenty acres; Joshua ful- son Navarro Powell Rainey Reeves. Runnels. Sharr
jwin w -james menouner an unconui- cott Smith ot r-'anmn Smith of Orange. 1 pshaw and
44.
chcr. one league
tional certificate of six hundred and forty acres ; Micajah
Clark three hundred and twenty acres : heirs of Matthew L.
Roberts one-third of a league ; heirs of Wilhelm Ursena
three hundred and twenty acres ; heirs of Benjamin A. Camp-
bell three hundred and twenty acres ; heirs of George Dyer.
one-third of a league ; John C. Duncan six hundred and forty
acres ; Hiram Walker five million nine hundred and svvontv-
"ter. Li-
as in.
and will continue to do so if ahe does not forget the policy
tost conducive to her prosperity and advancement. The State
er government that in an avaricious spirit hasteneth to get
rich by charging her own citizens high prices for their homes
in the land impoverishes herself and people. Let the policy
of Texas be to offer cheap homes to those in the old States
who are laboring upon worn out soils and she will reap her
reward in increased wealth and population.
For these and other reasons the committee rc-commend the
jmssagc of the accomoanving bill.
P. MURRAH
One of the Committee.
Report received nd bill read first time.
Mr. Aycock chairman of the same committee reported at
follows :
The committee on Public Lands have had under con-
sideration a bill to legalize certain surveys between the
waters of the Colorado and Brazos rivers and report the same
back to the House and recommend its passage with tne fol-
lowing amendments to wit :
Section 4th 'shall read as follows :
That the field notes of all survey.-: legalized by this act
ahall be recorded in the counties in which the said surveys or
any part thereof may lie.
Sec. 5th shall read as follows :
That th-L- act take effect from and after its passage ; report
received.
Mr. Hardin one of the committee on Private Land Claims
made the following report :
The committee on Private Land Claims to whom was re-
ferred the petition of John Rtel have had the same under
consideration and after mature deliberation are unanimously
of the opinion that from the proof adduced the petitioner if
clearly entitled to the relief sought and the undersigned is in-
structed to report the accompanying bill for his relief and ask
ite passage !y the House ; report received and hill read first
time.
Mr. Kirk one of the committee on Private Land Claims
made the following report :
The committee on Private Land Claims to whom was reter-
ed the Senate's bill Fw the relief of Samuel McCulloch have
duly considered. the same and find on investigation that the
facts aro as follows ;
Saml. McCulloch was a resident and volunteered in the
company and under the Command of Captain George M.
Colhngsw N th in the service of the Republic of Texas on the
6th or 7th day of October. 1835 and that he. was engaged in
tho attack mde by said eompany in storming Fort Golid on
ihe 9th of O-'tober 1835 at 12 o'clock at night and while en-
gaged in the thickest of the fight the evidence is conclusive
that he was wounded by the enemy with a gun shot in the
right shoulder which has rendered his right arm permanently
useless ; tha above facts were sustained by the evidence to the
entire satisfaction of the committee and believing the claim a
highly meritorionfl one the committee have instructed me to
report it back and akof your honorable body a favorable con-
aideratioh fey granting the relief sought all of which I here-
with moatrcspeetfolly transmit ; report received.
Mr. Ross chairman or. Privileges and Election-- made the
following report :
i three thousand eight hundred and seventy-eight square varas; j
Kobert flose. unconditional certificate tor three hundred and
twenty acre? ; heirs of P. J. Wyehe one-third of a league ; j
heirs ot Z. H. Short one-third of a league ; Calvin Shipman j
six nuaareu ana iorty acres ; neirs ot u. r. luenarason six
hundred and forty acres ; John M. Louis three hundred and
twenty acres ; heirs of James M. Rose one-third of a league;
Wiley Barnes) three hundred and twenty acres; Alonzo B.
Kollett three huudred and twenty acres : and the heirs of
Thomas A. Howell one league and one labor.
The following claims embraced in the same portion of said
report were severally rejected for the reasons stated viz : the
heirs of William J. Cowan for one-third of a league there
beinir no evidence establishing the right of said Cowan to land;
heirt of Eliza A. F arris for first class head-right no proof what
ever that the 6aid Eliza A. was the head ot a family ; heirs of
William Davis one-third of a league no sufficient proof ;
heirs of C. P. Hartt one-third of a league proof insufficient;
heirs of William H. Sorrell two-thirds of a league and one
labor proof not in conformity to law ; and the heirs of Wil-
liam Gray one thousand two hundred and eisrhty acres proof
not sufficient.
We are therefore instructed by the committee to report
the accompanying bill and respectfully recommend its pas-
sage Report received.
BILLS AND RESOLUTIONS.
Mr. Powell introduced a bill for the relief of the sheriff of
Montgomery county ; read first and second time and referred
to the Judiciary committee.
Mr. Haynes of Starr introduced a bill to create the county
of Zapata (in honor of Antonio Zapata) and attach it to the
twelfth Judicial District ; read first and second times and
referred to the committee on County Boundaries.
Mr. Kirk introduced a bill to regulate patrols and prescribe
their duties ; read rirnt and second times and referred to the
committee on Slaves and Slavery.
On motion of Mr. Carroll the rule was suspended and a
bill for the relief of Flarinda Dixon taken up : referred to the
committee on Public Lands.
A message was received from the Senate announcing to the
House that the Senate had passed thf following bills origina-
ting in that Body :
A bill to increase the Special School Fund.
A bill for the relief of Harvey Trotter.
A bill for the relief of James G. Collier assignee oi Joshua
Collins.
A bill originating in the Rouse to require the Commis-
sioner of the General Land Office to issue a duplicate certifi-
cate to Levi Korn on certain conditions.
And that the Senate had eoncurred in the House's amend-
ment to a bill to remove the disabilities of minority from James
N. Scott ct al.
Mr. Munson moved to suspend the rule and take up the
report of the committee on Claims and Accounts on a bill for
th relief of the widow and children of Samuel Swartout and
others.
Mr. Locke moved to lay the motion on the tabl. Where-
upon the yeas and nays were called and the House refusxi to
-suspend the rule by the following vote :
Na?s Messrs. Aycock Barnard Burks. Chanct
Crook Dalrymple. Edwards Evans of MeLenna'
Gaston Harris of Titus. Harrison Hart. Haynes c
on. Holland Kirk Lacy. I esueur Lewti
Your committee present the substitute
consistent with the analogies of the farw and
dence in England and the older States and as-
adopted the most oppropriafe and effective re
vil in question.
Messrs. Price and Munsen have requested t
to say that they dissent from the remedy
your committee.'' t
Report received and bill read first tb
copies of bill on motion of Mr. Ross ord Wtdu
no
the
nwarHi
-nfines 'he
ir t i IV. i i w . T
Mr. raiwarus mtrouucea a .Joint nes
Government to draw and distribu-e tl.aJce
Government to which the State of
Read first-and second times. ' e vanOUS
Military Affair-. arations nOW
Mr. Bee Chairman of tl t i
leave made the following re' ' PUDllC DUr-
The Committee on State be Vermifuge
amend the first section of an .. tmi
Steam Boats Ships and other 'tf His. All
and report that the object cr -Trinarison
bounty of land to all vessels of twenty
which may be built in the Stated the pr 3JS
donation to fifty tons and upwards and itrfte opimoa of
your corumitt.e the encouragement offered by the State wi
tend to develope an important interest and liuld be ceoti-
uued. That a vessel of '25 tons is sufficiently Wlge to navigate
the ocean and yet ply on our rivers while tfe vessels of the
larger class not being able to navigate the rives are not buiit
iu uiic Dtaic ivey iL-comiueiiu me passage onn' om ; rpjwr-
received. Also made the following report :
The committee on State Affairs have exarjJied a bill rroc?
the Senate ;-providing for a Geological r.d Agriculture;
Survey of the State'' and have instructed me to report a ib-
stitute for the same and recommend ite pasage ; report re-
ceived. Mr. Rainey Chairman of Committee on Infernal Improve-
ments reported as follows :
Hon. W. S. Tavlo;:.
&peaktt of the How of Rmx natives :
The Committee on Internal Improvement to whem wag
referred a bill entitled an afcf to amend th- 3th section of a
act to encourage the navigation of the rivt-s and other nari-
gable waters in Texa by making approprianons for the ja
have had the fume under consideration ai:d:truct m - zo
port th: accompanying bill back to the How aud recommend
its passage :
A majority of your committee after instigation were of
the opinion that the act entitled an act W encouraire the
improvement of the navigation of the riv. and othr-r navi-
gable waters in Texas by making apj roprii&Ons for the same
passed August 1st 1856 intended to appropriate and did ap-
propriate the sum of fifteen theuBacd dolia for the improve-
ment of the navigation of the Sabine river Mmever the State
of Louisiana should make a similar approprrin andactuaUy
expend the same upon said stream and th' lid appropriation
was set apart as a separate and distinct &h and was nrt in-
tended to be embraced in the three hand thousand dollars
appropriate 1 and set apart as a special fnri for the ir-preve-
(To be concluded in onr )
me
re-
1
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Marshall, John. The Texas State Gazette. (Austin, Tex.), Vol. 1, No. 18, Ed. 1, Monday, December 21, 1857, newspaper, December 21, 1857; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth81323/m1/4/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.