USA > Texas > The history of the republic of Texas, from the discovery of the country to the present time; and the cause of her separation from the republic of Mexico > Part 27
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"Srcrios 11 .- Be it further enacted, That audited claims against the republic of Texas shall be receivable in payment of public dues on lands, provided the benefits of this section shall not extend to any one individual for a larger quantity of land than two leagues and two labors : and any offering to pay for
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388
LAND LAW
lands in audited paper on the government, shall swear that he has not paid for as much as two leagues and two labors in such paper before, either by himself or his agent, which affidavit shall be filed with the chairman of the board of land commissioners.
" SECTION 42 .-- Be it further enacted, That all streams of the average width of thirty feet shall be considered navigable streanis within the meaning of this act, so far up as they retain that average width, and that they shall not be crossed by the lines of survey."
Much confusion arose in the land offices through- out the republic under this law. It therefore became necessary to pass the following acts, to explain and amend the general land law :----
" By act passed by congress December 4th, 1839, the laws granting bounty lands are amended, so that all who have served three months, receive three hundred and twenty ; six months, six hundred and forty ; nine months, nine hundred and forty ; twelve months, twelve hundred and eighty acres of land.
"By act of December 18th, 1837, the soldiers disabled in the service of Texas, are granted a league of land.
" By act passed by congress December 21st, 1837, all persons actually engaged in the battles of San Jacinto, all persons wounded on the day previous to the battle, all persons detached to take charge of the baggage at the camp near Harrisburgh, all persons who entered Bexar between the 5th and 10th of De- comber, 1835, and who took part in the reduction of the same. are entitled to six hundred and forty acres of land, but no in- dividual can receive more than that amount of land if engaged in no more than one battle ; in these cases the certificate of the secretary of war is deemed sufficient evidence of the fact.
" All officers and soldiers of Texas in the service previous to the 1st of March, 1837, whose families have since arrived or may arrive before the 1st of January, 1840, are entitled to the sanie
389
OF TEXAS.
quantity of land as they would have been had their families emi- grated with them, a family, twelve hundred and eighty acres, and a single man six hundred and forty acres ; but if an emigrant, being a single man, at the time of emigrating, married previous to the 1st of October, 1837, he will be entitled to six hundred and forty acres.
"By act passed by congress December 24th, 1838, land dues may be paid * either to the secretary of the treasury, or to the president of the board of land commissioners, where the land is situate.
" Locations of soldier's claims and bounty lands, agreeably to the 21st section of the general land law, are declared valid ; but in no case shall the holder of government land scrip be permitted to lay claim in more than one place.
"By act of congress passed January 4th, 1839, all free white emigrants (heads of families) arriving between the Ist of October, 1837, and January Ist, 1840, with a family, are entitled to six hundred and forty acres on paying the usual fees.
" The emigrant, to perfect his title to his land under this act, must reside in Texas for three years, and perform the duties of a citizen, when he will receive an unconditional title, and no legal alienation of the land can be made until the title is perfected by the government.
" A single man emigrating to Texas, above the age of seven- teen years, is entitled to 320 acres, under the same conditions. This also extends to males (residents) who may reach the age of seventeen, between the dates above-mentioned ; but this does not apply to females.
" By act of congress, passed 26th January, 1838, citizens are required to make returns of all lands held by them as agents or , representatives of others, and upon lands so held by citizens for
* Treasury notes are received in payment of government dues, and all government claims should be paid in notes, as they can be had at a discount of 75 per cent.
390
LAND LAW
aliens or absentees, a double tax is levied : the returns to be made on oath.
" The taxes upon unlocated lands, held by citizens of Texas, are as follows :--
Doll. Cts.
A league and labor . 5 00
Above one-third of a league
4 00
One-third of a league
3 00
Six hundred and forty acres*
1 00
" By act passed by congress, 26th June, 1838, to amend the general land law, the chief justice of counties, the appellate justices, and the county clerk, of each and every county, are con- stituted the board of land commissioners ; the chief justice being president, subject to the provisions of the general land law."
The number of acres granted by Texas, as set forth in the estimate of lands granted by Mexico under the state of Coahuila and Texas, and Texas as independent, amount to 45,000,000; and the laws of Texas under which these grants have been made, expressly provide that all lands held by actual settlers, acquired in conformity to law, shall be free of all the conditions named in the Mexican laws, provided the grantee shall pay such dues as were payable to the receiver of public monies appointed by the supreme government of Mexico to receive the land revenue of the state of Coahuila and Texas, and remaining unpaid, to the receiver of public monies for the republic of Texas, within six months from the opening of the land
Soldiers' head rights and bounty lands are exempted from taxation.
391
OF TEXAS.
offices of Texas. Thus far the laws of Texas are in all cases consistent with the primary land laws of Mexico: and from the 27th of October, 1835, when the first Texan decree was promulgated relative to the disposition of the public lands of the republic, her laws from that date must be considered as supreme; and it is only when Mexican concessions or grants are repugnant to the supreme laws of the federal government of Mexico, that the supreme laws of Texas touch the validity of the Mexican titles; consequently titles issued by the Mexican authorities to sitios, and leagues of land ; these, being the smallest grants ever made by Mexico, are most unquestionably good, but all eleven-league grants are illegal con- cessions, and will never be confirmed by Texas. But the distinction between the valid grants and those declared null and void by the constitution of Texas can be readily seen by reference to the pri- mary land laws of Mexico and Coahuila, and Texas .*
I have been most particular in shaping this por- tion of my work in order to show the variety of sources whence the land titles of Texas have been derived; but my earnest advice to those who think of investing money in land in Texas is, not to purchase any land in that country except the ori- ginal titles have been duly confirmed by a patent
* See Appendix.
392
ASSESSED TAXES
from the Texan government ; and it is, moreover, . necessary for the vendee to search the registry of the land office of the county or district in which the land is situate, and where all lines, mortgages, and judgments on landed property are duly registered. On the purchase of land it is also advisable to have the deeds of conveyance recorded in the land office without loss of time, in order to prevent a subse- quent sale of the land by the vendor; indeed to be secure, it would be better to record the deeds pre- vious to the payment of purchase money.
ASSESSED TAXES.
The direct taxes, established by the Texan con- gress in 1840, on real, personal, or mixed property, is one-half per cent. on valuation of assessors ap- pointed by the county courts ; and the permanent taxes are as follows :---
Poll taxes for every white man, per annum, 1 dollar. If the owner be a non-resident of the republic, one per cent. No land to be valued at less than one dollar per acre. Wholesale mercantile establishments, 100 dollars for license, and che-quarter per cent. on the amount of goods sold.
Retail mercantile establishments, 100 dollars for license, and one-half per cent. on amount sold.
If wines or spirits be vended in less quantities than one gallon, 250 dollars, or quantities not less than one gallon, 100 dollars additional.
AAuctioneers, two per cent. on amount of sales. Agents or brokers 100 dollars for license. Tavern-keepers . . 250
393
OF TEXAS.
Boarding-house keepers and restaura-
teurs, not selling wines or spirits Billiard-table . 250
50 dollars for license.
Theatre
200
Museums and exhibitions 50 .
Race-course
· 100 .
All money loaned out at interest, one-half per cent. on the amount loaned.
Each white male in the republic, over
21 and under 15 years of age . Lach negro under 15 .
.
1
" over 15 and under 50 3
over 50 . 2
Each carriage, saddle, or pleasure horse 1
All neat cattle, except 25, 10 cents. per head. Stallions standing for the season, a tax equal to the price charged for the season.
Each pleasure carriage, per wheel . 1
", gold watch
3
„ silver watch
1
"
., pack of playing cards, sold, loaned, or given away . ·
3
"
·
1
"
In case of neglect or refusal to pay any of the above rates or taxes, the assessor reports the person who neglects or refuses to pay such taxes to the secretary of the treasury as a defaulter, and he, immediately on the receipt of the assessor's report, forwards the same to the judge or ma- gistrate for the district in which the defaulter resides, and the said judge or magistrate issues a warrant to distrain for double the amount of
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394
COMMON LAW AND
assessment, with costs. No summons is issued to bring the party who refuses or neglects to pay, before the judge or magistrate for the district in which he resides, to show cause why he refuses to pay said taxes; nor has the assessed any appeal against an unjust assessment of assessors.
THE COMMON LAW OF TEXAS.
The common law of England was introduced into Texas by act of congress, 1840, subject to modification, and is now in force, except in cases where it conflicts with the existing statutory or pri- mary laws of the republic, which take precedence of all others. Therefore it may be seen that the introduction of the common law of England, while the common-law pleadings have been to- tally omitted, must render the common-law pro- ceedings of Texas a confused mass of irregulari tis. However, independent of any writ, by act of con- gress, 26th January, 1839, of execution or fieri facias, a citizen of the republic can hold his house, 50 acres of land, improvements to the value of 500 dollars, furniture to the value of 200 dollars, im- plements of trade or husbandry to the value of 50 dollars, five cows, one yoke of oxen, or one horse, twenty hogs, and one year's provisions.
CRIMINAL LAWS OF TEXAS.
Her criminal code is founded on partiality and contradiction. The crime of murder is, as it were,
395
CRIMINAL LAWS OF TEXAS.
confined to one class (the whites) ; while the slay- ing of another class (the aborigines and negroes) by them is qualified. The slaying of a white man is held to be murder, and is punishable by death ; but the slaying of an aborigine, or negro, by a white man, is styled and deemed a justifiable homi- cide, except in the case of slaying a negro, which, under aggravated circumstances, may be brought in a trespass, for which it is almost impossible to get a court to award damages, under the common law, owing to the existence of the statutory laws of trespass, which are prospective, and not retro- spective; and therefore cannot be applied to the act of slaying, which is, under the common law, a trespass ; but the statutory law takes precedence, while it reserves its pains and penalties, for the attempt to decoy away-interfering with-or steal -. ing negroes, and not for the act of slaying, which deprives the citizen of his property in the slave.
The pains under the statutory law for interfering with, decoying away, or stealing a negro, are death, cutting off ears, branding, whipping, imprison- ment, &c.
The penalties, loss of citizenship, banishment from the state, and confiscation of property.
STANDARD OF TEXAN COINS.
The standard of all coins in the republic is the
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396
CLAIMS ON THE
same as in the United States, by Act of Congress, January 21, 1839.
" By Act of Congress, January 19, 1839, all claims against the government issued previous to the Ist of September, 1837, and which have been previously funded, shall bear interest from September 1, 1837; and all claims issued subsequent to the Ist of Sept., 1837, shall bear interest from the 1st Sept., 1838; but no promissory notes which may be hereafter issued or paid out of the Treasury shall bear interest, but the holders of such promis- sory notes, not bearing interest, or bearing interest, shall be allowed to receive the stock in the funded debt, bearing interest of 10 per cent. per annum."
The first issue of the promissory " notes" of the government was made to meet the audited drafts on the Treasury, payable to order for services and articles for public use. These notes bear in- terest at the rate of 10 per cent., and are now fundable by act of congress of 1810, in sums not less than one hundred dollars, bearing interest of 10 per cent., payable semi-annually, transferable only at the Treasury, by self or attorney, and are redeemable by the government after September 1, 1812, six months' notice being given.
Second issue, " star money," are printed plates and are also fundable, bearing interest at 10 per cent. per annum. Of this issue there are many counterfeits : since they have been discovered, the government have issued copper-plate bills, bearing
-
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397
TEXAN GOVERNMENT.
the same interest, of which there are no counter- feits yet detected. The amount of notes issued by the government of Texas since the declaration of independence, is estimated at 3,000,000 of dollars.
Government scrip, issued under act of congress, and signed by the president, in pieces of 640 and 320 acres, in the names of William Bryan, Thomas Toby, D. White, R. Tesslett, and James Erwin, can also be funded at 50 cents per acre, under act of congress, May 8, 1838, in the same manner as other claims on the government. This is the only species of land scrip that can be held by an alien.
"By Act of Congress, January 21st, 1839, the first and second auditor, with the comptroller, are constituted a tribunal for the examination and auditing all claims against the republic. They have the powers of a court of equity, where existing laws make no provision."
No claim can be presented to congress, or the president, until they have been first presented to this tribunal. An appeal may be made from their de- cision to congress.
By a recent order from the executive depart- ment, the court has been restricted to acting as an auditorial board for the examination of claims only, subject to the future revision of congress.
The government securities in May, 1810, were at a discount of 75 per cent.
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SUPPLEMENT.
WHEN an author is fully impressed with the justice of a cause, and the legitimacy of his views, ex- pressions are frequently used, in the heat of com- position, that some persons would deem any thing but impartial; and such is the conviction that would probably arise in the mind of the reader of the preceding chapters; more particularly if my real object, which is to undeceive my countrymen, by exposing the base misrepresentations of Anti- Anglo hirelings of Texas, be so disguised as to be unknown. However, in order to show that Iam not singular in my views and opinions, and do not stand forward alone; but on the contrary, that there are others who, judging from facts, think as I do, on some of the most important subjects discussed in the foregoing pages, I have stu- diously collected from various and recent sources such opinions and facts as will enable the reader to see the correctness of my statements, and the fallacy of those that are opposed to them.
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399
OPINIONS OF THE FRENCH PRESS.
The following are some of the opinions of the French press on the subject of
THE TEXAN LOAN.
[From "La France" 9th June, 1841.]
" Since the month of March last, several journals have pub- lished many apologetic articles on the republic of Texas. These articles, which had for their object to call the attention of French capitalists to a loan for that infant state, were clothed in the most seductive terms that language could supply, to create anew the enthusiasm that prevailed on the subject at the Paris Bourse about two years ago. The fertility of the soil, the beauty, power, and virtues of the inhabitants,-the abundant resources offered by the topographical position of the country,-the softness of the climate, boundless forests, virgin mines-nothing, in short, was omitted that could tend to exhibit in the most attractive colours, the advantages that would accrue to those who should participate in the loan to Texas. If one were to implicitly believe in these representations, there can be no doubt that capitalists would be certain to invest their money with no other benefit than that of having had the pleasure of obliging such young and virtuous republics.
"But in the midst of the crises which besiege the country, anticipating ourselves the necessity of a loan when commerce and public credit are paralyzed by disastrous failures, is it not a duty on the part of the press really devoted to the welfare of our country, to forewarn the public against the consequences that would result from such speculations ?
" The official documents on which are established the follow- ing remarks, completely destroy the excitement for speculation desired by the lynx-eyed republicans.
" There are two essential points to be examined. The first is the offer made to congress by M. de Saligny, minister of France
400
OPINIONS OF THE FRENCH PRESS
at Texas, to establish a line of French planters or cultivators along the frontiers, as a living barrier against the Indians (Co- manches.) The second is the announcement made by the journals of the mission of General Hamilton, in France, to ob- tain the support of the minister in raising a loan of thirty-seven millions, which Texas would employ, at our expense, in aug- menting the value of the admirable resources of her soil.
" And the author of one of these articles exclaims with much sympathy, ' Here is a people, who, from the waters of the Gulf of Mexico, extend their hands to us, and ask to become our friends. Friends, alas ! we have not many in the world at the present day.' Again : 'Let us do something for the new world, since we now play so small a part in the old.'-Constitutionnel, March 10. May we add that the nationality of the Texans is endeared by the recollection of their heroes. It is affirmed that the population doubles itself every year-that the Texans have no debts-that they wish to establish a credit on a scrupulous fidelity to fulfil their engagements, &c. Then, in consideration of the commercial advantages that Texas can secure to France, it is concluded that the French cabinet ought to facilitate General Hamilton in the execution of his loan.
" It is necessary that the Constitutionnel should be reminded that a treaty of commerce has been concluded between Texas and England, which stipulates that that power shall be placed on a footing with the 'most favoured nations ; but it would appear that the adroit Texans have reserved to themselves, in petto, the right to grant special privileges to whoever shall accord to them their millions, and that England would not be able to claim an equal benefit from these exceptionable stipulations.
" Let us see if the French capitalists may rely on the prefer- ence offered them by these young republicans-these colonizers, par excellence-this energetic and industrious race ! The Texan race has absolutely the same constitution, moral and physical, as that of the United States ; and he must be very ill-informed who does not know that in New Orleans, as on the frontiers of
401
ON THE TEXAN LOAN.
Canada, the people of French origin are not the most beloved. (See the Morning Post of the 2nd and 15th of February last.)
"In a prospectus, signed by General Hamilton and his col- league M. Burnley, circulated privately in London, in the month of December last, announcing the formation of an Anglo-Texan association, we read as follows : 'In the course of a few years the influence of the Texan government, supported by that of England, will give the final blow to slavery. In all other respects the people and the laws of Texas are entirely similar to those of England. The people are the same Anglo-Saxon race, and the English tongue is that of its government. The same constitu- tional freedom for property is secured by the laws.' The object of this association was, first, to persuade the English to purchase and colonize the vacant lands, at the price of fifteen shillings per acre ; and, secondly, to effect a loan which should be employed in the building of towns, and in the construction of quays and ports to facilitate navigation ; in a word, to the achievement of a multitude of patriotic operations, Texas having no debt !
"It is clear, however, that the French people have not received the first affections of Texas ; but they ought not to be too jealous, for England has been no better favoured. Certain it is, that the financial regards of this young State were first proffered to the T'aited States, by whom they were declined ; then to Holland, who appreciated them in like manner. But, perhaps Paris is more susceptible than Philadelphia, New York, Brussels, and London. If the advantages thus vauntingly put forth prove real, ought not the industrious genius of the people of this coun- try to possess such a golden prospect of future good ?
" The Texan republic, it is said, has no debts, yet the presi- dent, in his message to congress on the Ist of November last, says, " We are in debt, and we ought to pause till the resources of the country shall be more amply developed,' &c. The remainder of the message clearly shows the necessity experienced by Texas for assistance from some quarter, whatever may be the condi- tions."
D D
402
OPINIONS OF THE FRENCH PRESS
.
This journal then gives an exposition of the public debt of Texas, which corresponds with the statements made in pages 316-7, and then proceeds to say ---
" In some documents which have been drawn up, the Texan population was declared to be two millions of souls. The pre- sident in the message already cited, says, 'Five years ago, the population was scarcely 40,000 souls, but since that time it has quadrupled.' That is to say, six months ago, the Texans, In- dians, and slaves amounted to 160,000 souls! It is, then, upon this population that the weight of the enormous debt will rest ; namely, in principal, at the rate of 39 dollars per head ; and in- terest at the rate of 60/0 (2 dollars, 35 cents) per head on women, children, old men, and slaves.
" With respect to the project of establishing living walls of French cultivators between the Texans and the Indians ( Coman- ches), we have that which the English have not. In the month of January last, a company was formed in London, under the patronage of General Hamilton, for the cultivation of lands in Texas. M. Henry Prater was the secretary. They have not succeeded since they came to us.
"Looking at the moral guarantee of the debt, who would rely on the fidelity of the Texans to fulfil their obligations ? Ough! we to adopt, as an example of their fidelity, their rebellious conduct towards Mexico? or the punctuality with which they have discharged the interest upon their debts -- interest which we have shown has never been paid ? or still more, in the offer made to France of 'exclusive privileges,' bound as they are by a treaty with Great Britain, who will assuredly not suffer the slightest infraction of her conditions ?
" Among the arguments offered in favour of the Tesan loon, there is one which, in this money age, can scarcely be dwelt upon without blushing ; we allude to the immoral and anti-social policy of allowing the French cultivators to smuggle prohibited
403
ON THE TEXAN LOAN.
goods to the frontiers of Mexico and the United States. But this shameful traffic, since it has been conceived, cannot, we say, be carried on. The enormous expenses, moreover, that would be incurred by the transport of merchandise from the Texan side beyond the frontiers, to say nothing of the danger from the proximity of the Indians-how is it that the Texans have not reflected that the difficulty would be, not in conveying mer- chandise to the coast, but in transporting it to Mexico or the United States under the eyes of a vigilant customs ? And how can we believe that the United States would suffer, on their fron- tiers, the existence of a republic of smugglers ?
"In fine, if it should turn out that General Hamilton should accomplish his object, and effect a loan, who would believe that the money would be employed in developing the resources of Texas ? We here again return to the message of the President delivered in January last-a message which announces that ' Mexico is making preparations to reconquer Texas'-a fact confirmed by the Mexican envoy here, and recently inserted in the Paris journals. Is it not, we ask, for the purpose of defending themselves against this threatened attack that the Texans require the loan they are desirous of obtaining from the French capitalists ? And even if this menace should not be carried into effect, ought not Texas to jy for the naval armament she has purchased, discharge her public debt, or at least the arrears of interest, before she applies a single franc to the cultivation of the soil thus menaced ?
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