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TEX A 8 LAN I) LAW.
AN ACT
Entitled “ An Ad to reduce into one art and
to amend the several arts relating to the es
tablishment of a (ieucral Land (hjiee.
Sec. 1. lie ‘it enacted by the Senate and
House of Representatives of the Republic of
Texas, in Congress assembled, That there
shall be, and is hereby established a General)
Land Office for tiie Republic of Texas, to be
located at the seat of Government, or at such
place as may hereafter he designated by law, j
the chief officer of which shall be called the
Commissioner General of the Land Office.;
which said officer shall be appointed by j
President, bv and with the advice and con
sent of the Senate, shall enter into bond with
with three or more securities, payable to thei
President or Ins successors in office, in toe
penally of fifty thousand dollars, conditioned
for the faithful performance of the duties oi
his office; said bond and securities to be ap- ,
proved by the President and Senate, which ■
bond shall be filed in the office of the Secre
tary of State, and shall hold his office for the j
term of three years. Provided , the provisions ;
of this section shall not affect the present in
cumbent of that office, except so far as re-’
tates to his living bond and security, anil
holding his office for three years from the date
of his appointment ; and the said Com
missioner of the General Land Office shall
receive a salary of three thousand dollars per
annum, payable quarterly.
Sec. 2. Be it further enacted, That the
Commissioner of the General Land Office be,
and he is hereby authorised to appoint a
chief clerk, which said clerk shall receive a
salary of sixteen hundred dollars per annum,
and two assistant clerks, who shall receive,
as a salary, twelve hundred dollars each per
annum, payable quarterly.
Sec. 3. Be it further enacted , That the
said chief Clerk shall enter into bond with
three or more securities, to be approved by
the Commissioner of the General Land Office,
in the sum of twenty thousand dollars, paya
ble to the President or his successors in office,j
conditioned for the faithful performance °l
the duties of his office, (which bond shall be
deposited in the office of the Secretary of
State,) who, in case of absence of the Com
missioner of the General Land Office, or his
inability to attend to the duties thereof, shall
perform all the duties appertaining to said
office.
Sec. 4. Be it further enacted, That all of
ficers appointed, or to be appointed, under
the provisions of this act, shall, before enter
ing upon the duties of their office, take and
subscribe the following oath, to wit: “I, A
B, do solemnly swear, that l will faithfully
discharge the duties of my office, without fa
vor or partiality, so help me God which
said oath shall be transmitted to, and filed in
the office of the Secretary of State.
Sec. 5. Be it further enacted, That the
Commissioner of the General Land Office
shall cause l” h provided a seal of office,
which seal shall not be changed except by
law; and certified copies of any records,
books, or papers, belonging to said office, un
der the signature of the'said Commissioner,
or Chief Clerk with the seal of office thereun
to attached, shall be competent evidence in
all cases where the originals could be evi
dence.
Sec. 6. Be it further enacted , That the
Commissioner of the General Land Office be
entitled to, and shall keep charge of the seal;
and also that he be, and is hereby entitled to,
and shall have custody and control of all
books, records, papers, and original docu
ments, appertaining to the titles of lands, here
tofore and by the provisions of the law de
nominated archives; and that the said books,
records, papers, and original documents shall
become and be deemed the books and papers
of said office.
Sec. 7. Be it further enacted, That all pa
tents issuing from the Land Office, shall be
in the name of the Republic ol Texas, and
under the seal of said office ; shall be signed
by the President of the Republic, and coun
tersigned by the Commissioner of the Gene
ral Land Officer, or by the Chief Clerk thereof.
Sec. 9. Be it further enacted , That no per
son appointed to an office instituted by this
act, or employed in any such office, shall di
rectly or indirectly be concerned in the pur
chase of any right, title, or interest in any
public land, either in his own name, right, or
interest for any other person, or in the name
or right of any other person, in trust for him
self; nor shall take or receive any fee or
emolument for negotiating or transacting the
business of said office, other than those fees
allowed by law. Any person offending in
the premises against the prohibitions of this
act, shall, on conviction thereof before the
Disliict Court, be removed from office, and
fined in any sum not less than live hundred
dollars, and shall forfeit all the lands lie owns
in the Republic, and never after be allowed
to hold any office of trust or profit in this Re
public.
Sec. 9. Be it further enacted , That there
shall be elected by joint vote of both Houses
of Congress, for each county, a County Sur
veyor, who shall reside at the county seat,
and whose duty it shall be to receive and ex
amine all field notes of surveys, which have
been or may hereafter be made in said coun
ty, and upon which patents are to he ob
tained, and certify the same under his hand
to the Commissioner of the General Land
Office, after having recorded the same in a
book to be kept bv him for that purpose, and
shall immediately return the same to the Pre
sident of the Board of Land Commissioners
for said county. He shall before entering
upon the duties of his office, enter into bond
with three or more securities, to be approved
by the Board of Land Commissioners ol the
county, in the sum of ten thousand dollars,
payn’.'e to the President or his successors in
office, conditioned for the faithful performance
of his duties; which said bond shall be re
corded in the Clerk’s office of said county,
•and the original transmitted to the office o
Secretary of Slate; and the said Surveyor
shall hold his office lor three years, and be
re-eligible. He shall be entitled to charge on
ail field notes and plats presented to him for
inspection, fir every set of field notes and plat
of a league and labor of land, five dollars;
for one-third of a league, four dollars; and
for every less quantity, three dollars. Hts
books shall be open at all times fir inspection,
and lie shall be allowed thirty-seven and a
half cents for every search. He shall appoint j
as many Deputy Surveyois as he may deem
necessary for the cotliuV: and shall adminis
ter to them the oath of ottn'P, and take the
bond hereinafter prescribed, and shall turnis.i
them such instructions as may be Jurntsnedj
to him from time to time by the Commissi?.--1
ers of the General Land Office; and such!
Deputy Surveyor, before he enters upon the
duties of his office, shall enter into bond, with j
t .vo or more securities, to be approved by
the County Surveyor, in die sum of live thou- j
san 1 dollars, payable to the President or his’
successors in office, conditioned for the faith
ful performance of the duties of his office ;
and for such appointment of a Deputy Sur
veyor, the County Surveyor shall he allowed
to charge and receive, from the person so ap
pointed, the sum of live dollars.
Sec. Iff. Be it further enacted. That it
shall be the duty of each Dep tiv-Surveynr.
to administer an oath to each individual em
ployed bv him as chain carrier or marker, for
the f i UhThf performance of his duties as. such,
in accordance with the -instr. cjions given
him ; an 1 no African, or Indian, or descoii 1-
ant of either, or nnv person u:i !er the age ol
sixteen years, shall be employed in either of
the ah we capacities ; and further, it shall he
the duly of said Surveyors to subscribe the
name of each of the chain carriers to Isis ftoj.l
r ;*-■? vines re returning the snmo to the
, C lunfy Surveyor. He shall also state, to the
! best oi‘ his knowledge and belief, the numbei
j of labors of irrigable lands, tire number ol
| labors of temporal or arable lands, and the
J number of labors of pasture Jonds, in each
I survey, lor that class of who are
I entitled inland under tfie Constitution and
! colonization laws, which shall be plainly writ
j ten out in the field notes, and also inserted in
each pa tent; and for all such surveys he shall
! charge and receive three dollars for each
i English lineal mile actually run.
Sec. 11. Be it further enacted, That there
shall be elected bv joint vote of both Houses
of Congress, a Commissioner, who shall be
! President of the Board, and two associate
j Commissioners, lbr each and every county,
I who shall compose and constitute a Board of
Commissioners for their respective counties,
j lo be styled a “ Board of Land Conimission-
I ers,” whose duty it shall he to investigate all
i claims on this government for head rights to
lands; and they are hereby authorised and
required to grant to any person, or persons,
a certificate of their claim or claims, upon j
such proof being nndc to them, by the party i
or parties claiming, ns is herein required, set- j
ting forth in said certificate the amount of j
land the claimant is entitled to, upon what ;
conditions, and the time when lie, she, or they,’
emigrated to this country. The Presidents t
of the Boards of Land Commissioners sliail be j
receivers of public monies, for their respective
counties, and shrill enter into bond with good j
and sufficient security, to be approved by the i
county Court, or if there he no county Court, |
the Board of Land Commissioners, in the sum j
of twenty thousand dollars, payable to the
President of the Republic of Texas, o* his
successors in office, and conditioned for the
payment of all sums which may be received
by him, on account of the public lands, to
the Secretary of the Treasury, for the use of
the republic, which bond shall be recorded by
the Clerk of the county Court, and the original
transmitted to the office of the Secretary of
Slate; and for all public monies which he
may receive and pay over, he shall be allow
ed to charge and receive two per cent.
Sec. T 2. Be it further enacted, That every
1 person who shall claim a title to land in this
government by viitue of the colonization
laws, or by residence in the country at the
declaration of independence, shall be required
to take and subscribe the following oath :
“ 1 do solemnly swear, that I was a resident
citizen of Texas at the date of the declaration
of independence, that I did not leave the
country during the campaign of the spring of
1836, to avoid a participation in the struggle,
that I did not refuse to part cipate in the war,
and that I did not aid or assist the enemy,
that I have not previously received a title to
my quantum of land, and that I conceive my
self justly entitled, under the constitution and
laws, to the quantity of land for which I now
apply.” They shall also be required to
prove, by two or more good and creditable
witnesses, as the Commissioners mav require,
that they were actually citizens of Texas at
the date of the (leclaration of independence,
and have continued so to the present time ;
and they shall also be required lo prove, in
like manner, whether they were married or
single at the time of the declaration of inde
pendence, and what amount of land they were
entitled to under the law. Provided , widows
and orphans shall not be required to take the
oath herein prescribed; and all persons claim
ing a grant to land of this government by in
heritance or by purchase, shall prove, in the
same manner as above stated in this act,
widows, orphans, or their legal representa
tives not excepted, that the person whose es
tate they claim.is entitled to a grant to land
of this government, by the laws of the coun
try, or that the person of whom they pur
chased is actually entitled to said grant to
lands of this government; and no purchaser
of a head right shall be entitled to receive a
grant either as assignee, or in the name of
the original claimant, unless proof be also
made that the person represented as entitled
to the grant, is actually a resident of the re
public at the time the application for the grant
is made ; and aH orders for surveys of head
rights procured under the colonization laws
previous to the declaration of independence,
shall be submitted to the examination of the
Land Commissioners, and the holders of the
same, whether they be original claimants,
their heirs, or assignees, shall be subjected to
the same formalities and requisitions in procur
ing said head rights as pointed out for other
individuals in this law.
Sec. 13. Be it further enacted , That any
person claiming the benefits of any particular
colonization law of Coahuila and Texas, dur
ing their existence, fixing the prices to be
paid for lands by the colonists, shall prove by
at least two respectable witnesses, that lie, or
she, were actually residents of Texas during
the time said law was in force, which proof
so made before said Board of Land Commis
sioners, shall entitle the claimant to have his
or her land at the price fixed upon by said
colonization law, which was in force at the
date of said claimant’s emigration to this
country.
Sec.* Id. Be it further enacted, That there
shall also be elected lor the several counties,
a Clerk, by joint vote of both Houses of Con
gress, who shall keep, in a well bound book
to be kept by him for that purpose, a correct
account of all the transactions of the Board of
Land Commissioners, the name of every per
son to whom a certificate shall be given, the
amount of land granted to each person, the
time of their emigration to the country, and
the name or names of the witness or witnes
ses, by whom the claimants severally proved
their claims; and the said clerk shall at the
end of every month, forward to the Commis
sioner of the General Land Office, a correct
list of the names to whom certificates have
been given, the amount of land granted to
eacli individual, and the date of the claimants
emigration to the country; and the said Com
missioner of the General Land Offico shall
keep a record of all such returns which may
be made to bis office; and the said clerk shall
before entering upon the duties of his offico,
give a bond with security, to be approved of
by the Board of Land Commissioners, in the
sum of five thousand dollars, payable to the
President or his successors in office, condition
ed for the faithful performance of the duties
of his office as clerk and register, and the safe
keeping of the records thereof.
Sec. 15. Be it Uirther enacted, That every
certificate which may he issued by authority
of this act, shall be signed by the Board of
Land Commissioners, and attested bv the
clerk, and for every such certificate so issued,
the party claimants shall pay the sum of five
dollars, one hall of which shall go to the clerk
and the otl.er equally divided between the
quorum of the Board actually presiding. And
it ;•* hereby made the duty of said Board, and
I hey arc required to meet at the court houses
of their counties on every other
Thursday, then aol ih?re to transact the du
ties required of them by this ?ct, and shall
remain in session so long as may i*.
for the transaction of the business before the
Board, for which services they shall be enti
tled to demand and receive the fees herein
lowed, and no more. Provided, that niter
the Land Offices shall have been open tlarce
months, the said Board shall not he required,
to meet onivnn the first Fluirsuay in eacli
month, and if that day should fall on a reg
ular court week so as to interfere tfi /hen
they shall meet on the next Thursday there
after. And further ‘providecl T that a majority
of said Board shall form a. quorum to trans
act the dmies lie rein required of *. iein. - •
Sec. TC. B e it further fnactcd,- That the
decision of a majority of said Board ot Cmn
inissinnors-shail he necessary to entitle any
personjott certificate of their claims, but il
n majority silt! Boanl shouhl Jpciuc in.it
r.*v claimant v. ho p r esents juinseitj or hersel.
before them for a certificate, h not entitled
to the amount of land which they claim,
said claimant may take an appeal from the.r
j decision to the next district court for the
county in which said claimant may live,
‘citing the Board of Commissioners to appear
■as defendants, where it shall be tried; and
lin ail such cases the District Attorney shall
represent the interest of the Republic, for
which services lie shall be allowed a tax
! fee of ten dollars on every such case, to
: tie paid by the appellant, together with all
jollier costs of suit, in case fie or she fails to
obtain a verdict in his or her lavor. But if
the appellant should obtain a verdict for the
amount of land which he or she claims, the
costs of suit shall he paid by the Republic,
I when the Commissioners shall issue a certifi
! cate in accordance with such decision.
1 Sec. 17. Be it further enacted, That any
: certificate of claim to land, which lias been or
; may be obtained in the mannerand form herein
j prescribed, shall be sufficient evidence to au
i thorize any lawful surveyor to survey for any
| person holding such certificates, any lands
! which he mav point out agreeably to all the
laws which do now or may hereafter exist on
j ihat subject. Provided, also, that where more
than one application is made for the same
tract of land to be surveyed, the settler oroc
cupant shall hare the preference if their
Iclaims be Otherwise equal. Provided , that
no location or improvement made since the
Declaration of Independence by persons who
i have since that time arrived in the country,
shall be regarded when they come in conflict
with the claim- of those who were here at the
Declaration of Independence. But those in
dividuals entitled to the six months preference
shall have the right of locating their lands up
on any vacant lands of the Rppublic, without
regard to any improvements made bv indivi
duals who have arrived in Texas since the
Declaration. In all other cases, or in case
there be more occupants than one, the con
flicting claims shall be summarily tried by the
’ nearest Justice of the Peace and six disinter
ested -Turcrs summoned for that purpose, and
upon their decision the surveyor shall grant
to the successful party the field notes of the
tract of land, giving in all cases the prefer
ence to the oldest occupant and settler. Pro
vided, in all cases, that the claimant shall ap
apply for such certificate in the county in
which he or she may reside at the date of the
passage of this act; and provided that persons
claiming land by inheritance or assignment
shall apply for such certificate in the county
where the testator died, or where the assgnor
lived at the time of making such transfer.
Sf.c. IS. Beit further enacted, That when
two or more persons cannot agree lo a divi
sion line of any land which has never been
surveyed agreeably to law, it shall be lawful
for either party to apply to any justice of the
county or territory in which the land lies, or
if there be no Justice of the Peace in the
county or territory, then to the nearest Jus
tice in any county or territory, and make
oath that he has tried and has not been able
to settle the dispute between himself and one
or more other persons, (naming them.) con
cerning a division line, and the said Justice
shall issue a warrant to any lawful officer to
summons the parties defendant, together with
six disinterested jurors, to meet upon the
premises in dispute together with such wit
nesses as either party may choose to have
summoned, to give evidence on a certain day,
naming at what time and place. The Jus
tice shall also meet the parties, examine all
testimony before the jury, who shall, on oath,
hear and determine the case in dispute, and
shall also determine who shall pay the cost o.
suit. Each juror in such case shall be allow
ed two dollars per day for such services; the
other officers, such fees as have been already
established by law for other similar services.
Provided, that if the land in dispute should be
on a county line, it shall be lawful for a Jus
tice of either county, in which part of the
land may be, to act in such case; and in
case either party be dissatisfied with the de
cision, he or she shall have the right to ap
peal to the District Court within ten days,
upon giving security for the costs.
Sec. 19. Be it further enacted, That it
shall be the duty of the Surveyor in all cases,
before he runs a division line between two
settlers claiming lands, to notify the party or
parties interested, before running ihesame, in
writing. And any survey which may be
made contrary to the true intent and mean
ing of this section of this act, shall not he a
lawful one, and the field notes of every sur
vey which shall be returned to any land office
hereafter for the purpose of getting a title
for the same, shall be under oath of the Sur
veyor, who shall swear it was executed ac
cording to laW, and shall also swear the same
was made prior Id fbc closing of the land
office by the consultation, or to
the opening of the same by this acl, 3h*. 11
made prior to the closing of the land offices
by the consultation, the same shall also he
proven by at least two respectable witnesses.
Sec. 20. Be it further enacted , That the
Commissioner of the General Land Office is
hereby authorized to grant to ail persons
holding an order of survey, legally obtained
previous to the closing of the land offices in
1835, and having a survey which was made
agreeably to said order, and in conformity to
law in all respects, a patent for the same,
upon the holder presenting the certificate of
some Board of Land Commissioners, Ihat he is
entitled to the quantity of land surveyed, and
making such proof to them as is required by
law, and upon his paying the several fees as
the laws require.
Sec. 21. Be it further enacted, That all
lands surveyed for individuals lying on navi
gable water courses, shall front one half of
the square on the water course, and the line
running at right angles with the general
course of the stream, if circumstances of lines
previously surveyed under the laws will per
mit, and all others not on navigable water
courses shall be square if previous lines will
permit; and under no circumstances shall
any one grant be located in more than two
surveys.
Sec. 22. Be it further enacted , That each.
and every individual, under the age of sev
enteen, who has volunteered in the service of
bis country, and who has received an honor
able discharge, shall be entitled to the same
quantity of” land, as a head right, that he
would be if liC were twenty-one years of age,
and upon the same conditions.
Sec 23. Be it further enacted, That all
single men who were in the Republic at the
date of the Declaration of Independance, and
entitled under the Constitution to one-third of
a league of land, and who have since married,
or may within the next twelve months, shall
be entitled to the additional quantity of two
thirds of a league and a labor of land. Pro
vided, that the benefits of this section shall
only extend to those who have contributed
to the support and defence of the country :
And provided, this additional quantity shall
not he allowed to any whose wife has re
ceived a league of land of this government.
Sec. 24. Be it further enacted, That
whereas many persons have received titles
under the colonization laws, as colonists, from
the different commissioners of the Country,
and whereas many conditions were by the
law attached to such titles, that all such con
ditions be, and they are hereby, cancelled,
and the titles to all such lands are hereby rat
ified and confirmed.- Provided, that such
persons shail pav, or cause to be paid, to fine
President of the Board of Land Commission
ers of ihe county where such l ar| d rna . v be
situated, within six months after ihe opening
of the Land Office, all money which may be
due or owing on the same: Provided , that
lift: condition of remaining in the country, and
the provision prohibiting the sale to aliens,
shail not be repealed by this law. Aid fur
ther provide l, po title by tips act shall
be confirmed which was illegal’or invalid no
initio. And further provided, that this act
shall not extend lo any grantee or individual
for a greater amount of land than one league
and one labor.
Sec. 25. Be it further provided, That no
person shall, by virtue of an improvement,
have a right to claim more than one league
and one labor of land, and that improvement
shall consist in the clearing and fencing, in a
farmer-like manner, at least four acres ; and
this privilege shall not extend to any person
or persons who have previously received a
title to the quantum of land to which they
were entitled, nor to anv person or jiersous
entitled to a grant of land by purchase.
Sec. 26. Be it further enacted , ’I hat it is
hereby declared, that all empresarios’ con
tracts having ceased on the day of the De
claration of Independence, all the vacant
lands of Texas are the property of this Re
public, and subject alone to the disposition of
the government of the same.
Sec. 27. Be it further enacted, That in
order to settle the claims of empresarios, each
and every one of the same are hereby author
ized to institute a suit against the Presidentof
the Republic of Texas, which suit or suits
shall be tried in the county in which is situa
ted the seat of government, and shall be tried
as all other land suits are required to be tried. •
And should anv empresario, who should thus !
sue,fail to establish the claim for which he sues, |
he shall pay all the costs of said suit. Pro- [
vided, that neither aliens nor the assignees of \
aliens shall be entitled to the benefits of this I
act.
Sec. 28. Be it further enacted, That it
shall be the duty pi the Attorney General to
attend to all such suits, in behalf of the Re
public of Texas, and the President is here
by authorized to employ such additional coun
sel as in his opinion he may deem proper;
the expenses of which shall not exceed one
thousand dollars in each case.
Sec. 29. Bt it further enacted, That every
volunteer who arrived in this Republic after
the 2nd day of March, 1836, and before the
Ist of August, 1836, and has received or may
hereafter receive an honorable discharge and
taken the oath prescribed by the constitution,
or who may have died, shall receive the quan
tity of land by this act secured to original
colonists. Provided, that the priority of lo
cation mentioned in the thirty-eighth section
of this act shall be adhered to; and further
provided, tint none but the person who
served, or h's heirs, shall be entitled to the
benefit of this provision, and all augmenta
tion shall accrue to the original claimant, and
not to the person to whom it may have been
transfered ; provided, no person who is enti
tled to the benefit of the first part of this sec
tion of this act, shall he entitled to the bene
fits of the lalter part of the same ; and ev
ery person who has arrived in the Republic
since the Declaration of Independence, and
previous to the Ist of October, 1837, who is
a free white person, and the head of a family,
and who actually resides within the govern
ment with his family, shall be entitled to an
additional grsnt of twelve hundred and eigh
ty acres of land by paying the fees of office
and of surveying. The conditions of said
grant shall he that both grantee and his or
her family shall remain and reside within this
Republic, a nil do and perform all the duties
required of other such citizens, for the term
of three years; after which time, he or she
shall receive an unconditional deed for said
land ; and in no case whatever shall a grant
of that description be made unless it be satis
factorily proven that all the conditions and
provisions of the law have been complied
with. And all single free white men, who
have emigrated to this Republic since the
Declaration of Independence, and previous
to the Ist of October, 1837. shall be entitled
to six hundred and fiirtv acres of land, and if
they married before the Ist day of October,
1837, they shall he eniifled to ‘an additional
quantity of six hundred and forty acres of
land upon the same conditions as above
named, and all laws contrary to the meaning
and pr ivisions of* this section are hereby re
pealed.
Sec. 30. Be it further enacted, That all
officers and soldiers who engaged in the ser
vice of Texas previous to the Ist of March,
1837, whose families are now here or may
arrive within twelve months from the date of
their discharge, shall be entitied to the same
quantity of land as they would have been
entitled to, if their families had emigrated
with them to the country.
Sec 31. Be it further enacted, That the
Board of Land Commissioners are hereby au
thorized to grant to persons claiming land
of this government, under the 29th section of
this act, a certificate of their claims, upon the
same proof being made to them as required
of other claimants, stating in said certificate
the amount of land to which the claimant is
>iotv entitled; at what time he or she ar
rived in tin'o -r bHc - , t
Sec. 3-2. Be it funk': enacted, That the
Commissioner of the General Land
shall, when required by the President of the
Republic, or either House of Congress, make
a plot of any land surveyed under the au
thority of the government, and give such in
formation respecting the public lands and con
cerning the business of his office as shall be
legally required#
Sec. 33. Be it further enacted , That the
Commissioner of the General Land Office
shall be, and be is hereby authorized to ap
point a translator, who shall undergo an ex
amination its to his qualifications, and shall
understand the Castillian and English lan
guages, and shall, before he enters upon the
duties of his office, take and subscribe the
oath of office herein prescribed, shall give
| bond, with two or more good and sufficient
securities, in the sum of ten thousand dollars,
to be approved of by the Secretary of State,
and shall he payable to the President or his
successors in office conditioned for the faithful
performance of his duties, and the said trans
lator shall hold his office for the term of three
years, and shall be allowed a salary of two
thousand dollars per annum payable quar
terly.
Sec. 34. Be it further enacted, That it
shall be the duty of said translator, to trans
late into the English language, and record
in a book to be kept by him for that purpose
all the laws and puhlic contracts relative to
the titles of land which are written in the Cas
tillian language, and also to translate and re
cord in like manner, all original letters which
are written in the Castillian language, which
may he on file in the office of the commission
er of the General Land Office.
Sec. 35. Beit further enacted, That should
a vacancy occur during the recess of Con
gress, by death, resignation or otherwise, of
any member of either of the Boards of Land
Commissioners, or of the clerk of either of
the said Boards, or of any county surveyor,
it shall be the duty of the Board of Land
Commissioners, to notify such vacancy to the
Commissioner of the General Land’ Office,
forthwith, and to recommend some person
suitably qualified to fill such vacancy, where
upon it shall be the duty of the Commission
er of the General Land Office to fill said va
cancy by an appointment, and report the
same to the Congress immediately on its next
session, which officer shall continue to perform
the duties of the office to which he is appoint
ed. agreeably to the provisions of this act
until his successor is duly qualified.
Sec. 3{5. Be it further erected. That so
soon ns the certified copy of the field notes
and plot of any survey shall be made and
transmitted to the President of the Board of
Land Commissioners for the county where
the land or a part-of it lies, and the amount
of money fixed hy law as the price of such
land he paid, the President of the Board of I
Land Commissioners shall endorse a receipt j
for such payment on the back of said field
notes for which lie shall give duplicate receipts
and transmit the field notes to the Commis
sioner of the General Land Office, who shall
forthwith make out in due form a patent for
said land, and record the same in a book to
be kept for that purpose, and transmit the
original to the President of the Board of
Land Commissioners, for the county where
the land lies, who shall enter a minute of the
said patent on his books and deliver the same
to the party who is entitled to it, or some
one authorized by him to receive the same,
taking a receipt therefor; and the said paten
tees in all cases shall pay, as government fees,
the prices fixed by die colonization laws of
Coahuiia and Texas in force at the time they
emigrated to this country. And if they em
igrated subsequently to the 2d day of May,
1835, and previous to the declaration of inde
pendence, they shall be required to pay the
amount fixed bv a law passed by the Congress
of the State of Coahuiia and Texas on the
above date.
Sec. 37. Be it further enacted, That the
President of the Republic of Texas, be, and
he is hereby authorized to contract, for the
surveying, and cause to be surveyed, at the
expense of this government, a sufficient quan
tity of land to satsfv the holders of all land
scrip that may have been issued and sold bv
this government, agraeably to the law in all
respects. And the Secretary of the Treasu
ry is hereby authorized to pay out of anv
money in the Treasury not otherwise appro
priated, the expenses which may accrue in
completing such surveys. Provided , it shall
not exceed three dollars for each English lin
eal mile actually run.
Sec. 38. Be itfbrther enacted, That when
two or more locations have heretofore been
made on, and titles granted for the same piece
of land, or where the boundaries of different
titled surveys conflict with each other, the
party who has his title or order of survey of
subsequent date, may on proper showing of
all the facts, and the certificate of a legal
surveyor to the board of Land Commission
ers of the county in which the land lies, have
his former title cancelled by said board and a
new order issued for his quantum of land or
so much thereof as shall be affected by the
conflicting lines or boundaries mentioned in
this section.
Sec. 39. Be it further enacted, That the
several Land Offices contemplated and estab
lished bv this act, shall commence arid go into
operation on the first Thursday in February
next.— Provided . however, that the opera
tions of the Land Office in the county of Red
River, shall not extend to any portion of the
territory near the supposed boundary line be
tween this and the United States government
of the north, and provided, also, that should
anv person obtain a certificate for land from
said Board of Land Commissioners for the
county of Red Biver, who at the date of the
passage of this act shall reside east of the
boundary line hereafter to be run between
Texas and the United States, said certificate
shall be void, and their operations shall he
confined to the granting and completing cf
of Land Titles to all those who by the exist
ing and previous laws, have acquired a pre
ference in the first location. Os this dass are
all citizens who were residing in Texas on the
day of the declaration of Independence, and
those volunteer soldiers who served a four of
duty in the army of Texas previous to that
time. For this class of claimants Ihe Land
Office shall he opened and remain six months
in operation, granting and completing titles
alone to that class of claimants. After which
other legal claimants shall he entitled to have
their Land Titles completed, as herein provi
ded and directed. And Ihe several Boards
ol Land Commissioners shall be permitted
and allowed to commence receiving applica
tions for lands, and bearing testimony, on the
first Thursday in January next, and in case
the country shall be invaded to an extent
inducing the President to cat! out at least one
third of the militia for its defence, the Com
missioner of the General Land Office shall
have power close the Land Offices by pro
clamation, until such invasion has terminated,
and all laws heretofore enacted on the subject
of public lands, shall be, and they are hereby
repealed.
Sec. 4ft Be {(further enacted, That each
county in the Republic shall be considered
and constitute a section, and that each county
surveyor be required, as soon as practicable,
to make out and procure a map of each coun
ty on which plats of all the deeded lands in
the sand county shall he made, 60 as to make
a fair showing of the same, for which he shall
receive compensation by special appropria
tion hereafter to he made for that purpose.
Sec. 41. Be it further enacted, That audited
claims against the Republic of Texas, shall he
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 one offering to pay for lands
in audited paper on the government, shall
swear that he has not paid for as much as
lea ‘"lies ?nd two labors in sucli paper be
fore, either by m.rlCeu of his agent, which
affidavit shall be filed with the
the Board of Land Commissioners. i
Sec. 42. Be it further enacted , Thar all
streams of the average width of thirty feet,
shall be considered navigable streams within
the meaning of this act, so far up as they re-!
tain that average width, and that they shall
not be crossed by the lines of a survey.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Vetoed by the President, and passed by a
constitutional majority oflhe House of Rep
resentatives, Dec. 14. 1837.
JOSEPH ROWE,
Speaker of the House of Representatives.
Vetoed by the President, and passed by a
unanimous vote of the Senate, December 14,
1837.
MIRABEAU B. LAMAR,
President of the Senate.
The news of the capture of the Indians by
Gen. Jesup is confirmed, verbally, by an ex
press which arrived here yesterday from
Black Creek. Information had been received j
there, officially, it is stated that the Indians
encamped in the vicinity of Fort Jupiter had
been captured; and with others, to the amount
of six or seven hundred, sent to Tampa Bay.
We have also heard the same report from
Tampa. Thus far is encouraging : but the
same express brings information to the Go
vernor, that the Indians are in Alachua coun
ty in considerable numbers, and have com
mitted numerous depredations and murders.
The inhabitants have principally abandoned]
their homes, and retired to fortified posts,!
most of them to Newnans"ille, where they re- ;
main without any supplies. Gen. Eustis, the ;
letter states, has refused to receive them into ,
the service of the U. States, or to grant them .
supplies, conceiving their services unnecessary.
Such a state of affairs is truly deplorable.
Floridian, \
More Indians.—On Saturday last about
12 o’clock, two of the troops from Camp
Wacissa.on their return from St. Marks, were
fired upon bv the Indians on the Monticellu
road about five miles from Magnolia.-- 1 he
Indians hailed them in the rear, which indu
ced them to stop, and fired on them in this
situation. One of the men was vininjured--
the other was struck hv a hall which passed
through his ear, and slightly grazed Ins neck.
His horse was shot in the bind legs, the bail
lodging in the skin, which was cut out and
shown to us. It bad been manufactured with •
a hammer, and no doubt an Indian ball.
Fiorumn.
U. S. Bank Stock has fallen in New York
as low as 108 to 109.
SENTINEL & HERALD.
COLUMBUS, APRIL 26, 1838.
TO OUR PATRONS.
The great trouble ar.d expense attendant
upon the effort to collect out-standing debts
due this office, has induced us to adopt the
following rules, from which we shall in no
case deviat *:
1. From and after this day, no subscrip
tions will be received out of the city, unless
paid in advance or a city reference given,
unless the name he forwarded by an agent.
2. Subscribers residing out of the State,
will find their accounts enclosed in this day’s
paper; and are hereby notified, that if they
fail to remit Ihe money by the first of July,
their names will be stricken from our sub
scription list.
3. From and after this day,- all persons
living out of the city, excepf Sheriffs, Clerks
of Courts, and Post Masters, sending adver
tisements for insertion in this paper, must re
fer to some person living in the city, who will
become responsible for the amount, or such
advertisements will not be published.
CONCERT.
To-morrow evening, at the saloon of the
Oglethorpe House, will be given a concert ol’
vocal and instrumental music, by Mr. Demp
ster, who has been charming the citizens of the
West for several months past, and who was
admitted, when in New York, second only to
Russell as a ballad singer. Shake off the
cares of life for an hour to-morrow, and listen
to that inimitable song, “ Some love to roam
o’er the dark sea foam,” or that morceau of
sweetness, “ I’ll remember thee,” beside nu
merous other delightful pieces, which to hear
sung, as we are told Mr. D. sings them, will
furnish truly a treat rich and rare.
The races over “The Western Course,”
which were advertised for the Sth of May,
we are informed, have been postponed to the
regular races next fall. We are sorry, for
we had intended to have bet a quarter and a
thrip, that being as high as a gentleman is
authorized to go in these days of “ O yes !”
and “ Come into Court.”
Col. S. R. Bonner is preparing, at much
labor and expense, anew race course, to he
call “The Crowell Course,” about three
miles from town, of which we will give a
description when it is finished.
U. S. TROOPS.
We learn that the U. S. troops who have
been ordered from Florida, will pass through
this place, on their way to the Cherokee
country, about the 10th of May next. Large
quantities of provisions and ammunition will
also he forwarded by the same route. The
Pay Master, Maj. Heinzelinnn, requests us to
state, that on or before the middle of May, he
will purchase or hire from-six-ty to an hundred
wagons and teams. Here is another chance
for ou* citizens to make a grab at Uncle
Sam’s crib.
Speaking of wagons and teams employed
in the public service, an officer of the army
told us the oilier day, that in connexion with
the Florida service, he bntl csaioincd an ac
count against government, in which a wagon
and six, horses were valued at twenty-five
hundred dollars, ami the average value of a
regiment of horses, was set down at two hun
dred dollars a head! It was our misfortune
to see the horses last named, and forty dollars
in suspension notes was the highest we would
have given for the best nag in the crowd,-
INTERESTING TRIAL.
The Court House was crowded last.
Thursday and Friday to witness the trial of
Joseph Shultz, who stood indicted for the
murder of his brother-iir-Jaw. The evidence
was very strong against Shultz, and the case
was viewed as exceetfin<gly critical. Shultz
was a poor man, but through the interven
tion of his friends he was provided with nu
merous counsel embracing the best talents of
the State. The Slate was ably represented
by Solicitor Benning, assisted by Judge
Thomas and Milton Williams, Esq. of Tab
botton. In the various arguments before the
Court and Jury we enjoyed a fine display of
forensick debate, and of the powers of oratory
and elocution. 0” the part of the prosecu
tion we listened to the graVC, close, and well j
connected reasoning of the Solicitor—the met
aphysical acumen of Thomas—and the al
luring oratory and sparkling eloquence of
young Williams. The defence was powerful
ly sustained in the lucid and logical argument
of Holt—the powerful analysis of testimony
by Campbell—and in the unique and thunder
ing eloquence of Colquitt. The Jury render
ed a verdict of voluntary manslaughter, and
the Court sentenced Shultz to four years con
finement in the Penitentiary.
“ So jogs the world, a checkered scene.”
NEWS PER EXPRESS.
The slips front New York of the 19th inst.
are quite bare of news; the only item of im
portance is the following, which we find in the
slip from the Evening Herald : “ From Al- ;
banv the news is important. The post note j
j bill is defeated —so probably will be the bill to i
authorize the loans of state stock to the 1
banks.” This we regret to learn—we were
hoping to see the banks sustained in their re
sumption by the Government not only, but
also by the Legislature of New York. Os
one thing we are quite sure, that the wheels of
Commerce, now standing still, will never
again move until there is a general resump
! tion of specie payments by the banks. In
perusing the “London Banking Circular,”
’ of the lGth of March, we were forcibly struck
! with the following remarkable passage; “We
. have always considered the Bank question to
: be the pivot on which the porpmerce of tlie
] United States would turn, and so long as that
J should remain in an uncertain and precarious!
condition, all expectation of a sudden revival j
of business appeared to us salacious and de
lusive.” This is an important truth, and one
which seems to be almost entirely overlooked.
Let the Banks resume, and commerce pnd
trade will, as a natural cor sequence, revive.
We have good authority for saying that the
New York banks will resume about the first of
May, and that they will be sustained by the
general government.
t
LOOK OTTT FOR BREAKERS.
] People who take the bills of the old United
States Bank, had better beware—“a stitch in
time saves nine,”
roc; law:
The Ordlnnnoe introduced into Council last
week by Alderman Chipiev was a good one,
and we were really in hojies that it would have
been carried out and executed to the letter—
but we understand a counter law has been
passed allowing every family to have and keep
as many as ten hogs! horrible! What an
appendage to a family residence—what de
licious music—what heavenly serenades—
what splendid grunting such families wilt
have! For once the old bachelor’s condition
will be found desirable ; having no family, he
can keep clear of these bristling attendants,
and the swarms of varmint which they tote
wherever they go. To be serious, hogs run
ning at large in the streets are a most griev
ous nuisance, and should be expunged —draw
black lines around them—shut them out —or
rather take them upas nuisances—apprehend
them—pen them—and as Dr. Chiplev’s Ordi
nance required, sell them at public outcry af
ter due notice to the owners. The streets
are full of hogs f tliey are in ihe way of car
nages, and accidents not on frequently happen
by horses stumbling over hogs—they root
up the streets and sidewalks and deface and
destroy the beauty which would otherwise
adorn our streets—they scatter millions of:
fleas in every direction —in fine, they ,a re as
miserable, dirty, filthy, outrageous nuisance,,
of which it is the duty of the Council to clear
the city; and we beseech the Mayor and Al
dermen to re-consider the subject—pass the
Ordinance in question—let it become a law;:
or, if this is not done, the old petition systems
must he tried again, in which case, we pre
sume the will of the people will be obeyed.
One of the soldiers of Gen. Nelson’s brigade
died in Girard a day or two since, of severe
inflammation of the bowels, under which he
had been laboring several days before his
arrival; his name was W. Winters, of Ma
rietta, Cobh county. There are also five
others sick at the same place, and it affo ds u
much pleasure to state that tliey have been
comfortably provided for, and the attentive
services of l)r. Barron employed, in affording
them medical aid. Their names are, Wm. C..
O’Neal, Geo. Taylor, H. Witzell, J. Twiggs,
and J. IL Andrews.
BRANDRETH.
This celebrated person passed through our
city on Friday last—celebrated from his the
ory and practice of medicine, which has so
much arrested the attention of the public in
this country, and whose pills have, in numer
ous instances, worked wonderful cures. If
vve wanted proofs of the efficacy of his pills
we should most certainly point to his per
soml appearance. Owing to llte urgency of
his business, which hastened him from our
city, wc regret that we had not the pleasure
of an introduction to Dr. Brandreth, as we
are informed from good authority, as well
as convinced from some specimens of his
writings which have come under our obser
vation, that his literary attainments are neith
er few nor small, and that in vulgar parlance,
he is a “ splendid fellow.” v
Dr. 8., we understand, has been-*• resi
dent of the United*- Stales for the last-three
years, but this visit is his first through the
Smidicrn States. lie arrived here from the
Western country, via New Orleans, Mobile,
Montgomery, and expressed himself highly
pleased with Southern people, manners, cus
toms, and institutions.- His celebrated pilU
are for sale at the store of Mr.- John lL Pea
body, in our city. We have never as yet.
given them a trial, hut’ the first time wc feel
ourselves unhinged, we intend to swallow a
box, more or less.- However, if the Dhctor
should ever pass through Columbus again
without calling on us, we shill certainly buy
up a quantity of his pills- and label them
spurious*
For the Sentinel and Herald,-
SKETCHES, AD LIBITUM.
BV HORATIO WALDO, ESQ.
Spring. —Sweet Spring, with her garlands*
of flowers, her joyous laugh, her sunny coun
tenance, oft sprinkled w'rth tears?, bath <jor/Je
bounding away from the cold’ embrace off
winter, to- scatter wildly and profusely over
the earth her sweetness and beauty: fascina--
ting ant) voluptuous to 9he senses, from ear fin
est recollection, 1 remember Ur have beheld 1
her at no period more bewitcb'mgVy bright’
and beautiful than the present. How engi
ning her air! how bland and silvery her
voice! how exquisitely breathed the opening
cadence of her song! How winning her
smiles! how refreshing her tears! how rich
the perfume of her breath! The wind of a>
winter’s night has moaned around my dwel
ling, filling the mind with pleasing, painfull
melancholy; and I have drawn closer tha
garment which covered me, and caused thtr
; fire to burn more cheerfully, and found it*
sweet at such an hour to explore the records
of history, to dash over the pages of a thrilling:
romance, or feast on the richness and beauty
of poetic genius : but when Spring hath come,
and poured upon my brow the pure, gushing
stream of her balmy breath, chanted her
sweetest song, and “arrayed herself in her
most beautiful garments,” then there is a for
jgetfulness of the music whioh sighs fp thp
storms of winter, and nature, leaping with the
joy of re-animation, rapturously em.hrapes flie
delicious enjoyments of this virgin season..
There’s a charm in Spring, \\heQ ev*ry thing
Is bursting frorn the ground—
AVhen pleasant showers bring fin In the KwvAfQ
And all is life around.”
How delightful a country residence, at this
season of the year. Go with me to gome
sweet sequestered spot, far remote from the
noise and bustle of the city, anfi let 0$ there
remain for a Jit fie season. All nature is
robed in beauty and freshness; the earth is.
yielding her aifi to the comfort and delight of
her inhabitants; vegetation is putting forth
with promise of perfection and plenty; and
flowers are every where springing an! bloom
ing, the heautiful harbingers of coming joy,
The lark rises wi\h the rosy morn, at\d
sweetly warbling at your window, welcomes
your entrance upon anew day, The calm
and quiet of the oountiy are conducive to
mental happiness. The mind ever active,
and specially so in the midst of the stir anfi
bustle of a city life, is greatly improved by
relaxation and repose ; let it he unstrung ;
relieve it from that extreme tension to which
it has been wrought by close and severe’
application; give it free scope amid the wiki
and fragrant beauties of nature, and it will
run pure and limpid as the mountain stream,
land bathe itself in sweet forgetfulness of p?st