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Title: History of Texas Land

Author: Bill Allcorn

Release Date: July 19, 2018 [EBook #57544]

Language: English

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HISTORY
OF
TEXAS LAND

With a preface by
BILL ALLCORN
Commissioner of the General Land Office

AUSTIN, TEXAS
1958

The Old GENERAL LAND OFFICE BUILDING—BUILT IN THE YEARS 1856-1857 IN AUSTIN, TEXAS

The Old General Land Office Building, pictured (above) as it appeared about 1890, is located at the southeast corner of the Capitol grounds in Austin. It is one of the oldest remaining buildings in the Capitol City.

It was designed in December, 1854, by a draftsman in the General Land Office, Professor Doctor C. C. Stremme, who enjoyed considerable prestige in Europe before his emigration to Texas. In addition to other honors, Professor Stremme held a title at the Court of Emperor Nicholas I of Russia.

Maps prepared by Professor Stremme suggest his German homeland, and he poured his rich background into the Old Land Office Building. This structure is German Romance in style.

It was built in 1856 and 1857.

Thirty years after its construction, the building was the working home of William S. Porter, who was later to gain fame as a short story writer under the name of O. Henry. He was a draftsman in the General Land Office, and there he turned out numerous maps of rare beauty.

Later, O. Henry used the Old General Land Office Building in one of his stories, entitled “Bexar Scrip Number 2692”.

Statistically, the old building is 62 by 94 feet, outside dimensions. It has 11,656 feet of floor space in its two floors. Its exterior walls are two feet in width. It is characterized by star-transomed windows.

Moving into the Old General Land Office Building shortly after its completion, the General Land Office occupied the structure until 1918, when it moved into its present building.

A new building to be occupied by the General Land Office and the State Library and Archives is now in the planning stage.

More information about the historic Old General Land Office Building can be obtained from Mr. August Watkins Harris, an Austin architect, 13 Niles Road, Austin, who created the picture (below) and with whose permission it is printed.

PRESENT GENERAL LAND OFFICE BUILDING, 1918

PREFACE

Here is the story of Texas land.

And the story of Texas land is the story of Texas. This history begins with the Spanish in Texas, goes through the period of the Mexican occupation, tells about a courageous people who forced their independence, set up a republic, and ten years later joined the United States. The story of Texas oil development is also pertinent to the history of Texas land.

Through the whole account shines the far-sightedness, honesty, and devotion of early Texas leaders. By their efforts we enjoy much that would not otherwise be ours, not the least of which are our two great educational funds, the Permanent School Fund and the Permanent University Fund.

Does it not seem proper that we treat the educational future of our young people with at least as much respect as our ancestors? We should continue to help these educational funds grow as much as possible now while resources still exist on which to build them. Otherwise we run the future risk of emaciated funds and no resources with which to develop them further.

Section III of this booklet lists items of interest which may be found in the General Land Office. We extend you a personal invitation to visit the Land Office to see these historical treasures of Texas and the other files which, collectively, spell out in detail the story of Texas land.

BILL ALLCORN Commissioner General Land Office

Austin, April 10, 1958

TABLE OF CONTENTS

Page

PREFACE vii

I. HISTORY OF TEXAS LAND 1

II. DISPOSITION OF TEXAS LAND 8

III. ITEMS OF INTEREST TO BE FOUND IN THE GENERAL LAND OFFICE 17

APPENDIX 19

Table A.: DISPOSITION OF THE PUBLIC DOMAIN OF TEXAS UNDER THE REPUBLIC AND THE STATE.

Table B.: MINERAL ESTATE, LEASED MINERAL ESTATE, PRODUCING ACREAGE, ANNUAL ROYALTY.

PICTURES

OLD GENERAL LAND OFFICE BUILDING iii

PRESENT GENERAL LAND OFFICE BUILDING v

I.
HISTORY OF TEXAS LAND

When Christopher Columbus stepped ashore in the West Indies in October, 1492, he drew the curtain to an immense area of land, some fertile and some desert—land of all types and for all purposes.

So vast was this discovery that land-conscious European powers who sponsored New World exploration were soon giving away large areas with a surprising disregard for their value. However, when rival powers disputed their claims to specific territories in the New World, they were quick to argue. The effect was that nations which matured in the Western Hemisphere grew up with a high regard for land.

From this it may be inferred that the history of any nation or state has been and continues to be largely a history of land. The political, social, and economic superstructure of a people is traceable to the land they control. Especially is this true of western nations and of Texas.

In what is now Southwestern United States there were several settlements of Mexicans and Indians on both sides of the Rio Grande as early as 1750. These people held no title to their land. They had assembled for reasons of economics and security.

Agents of the King of Spain finally arrived in the New World in 1767, surveyed the river lands, and issued titles. With the exception of Laredo, there was little colonization until 1815, when the Spanish governor began to feel the French encroachment on the east. Before then, Spain’s main effort had been directed toward the erection of missions, which required constant support and defense, rather than toward establishing civil settlements that could defend and support themselves.

Thus, the vast area of the Southwest was sparsely populated and lay as a wilderness to American settlers who had pushed to its borders from the United States. A grant to colonize was made to Moses Austin in January, 1821, to settle 300 families in Texas; this was the first deviation from the Spanish policy of maintaining a predominately native population.

Later in 1821, the Spanish yoke was thrown off by Mexico, and the Mexicans continued the policy of granting land to Americans. A liberal colonization policy brought an immediate and widespread response. By 1835 it is estimated that there were over 30,000 people in the Texas colonies—people who had come to Texas not as adventurers or speculators, but to establish new homes. The fourteen-year period had wrought many changes. Texas was no longer a complete wilderness. Many areas had been cleared and turned into small agricultural districts where the people were both industrious and self-reliant.

Because of the differences in the background and heritage of the Anglo-Americans and the Mexicans, it was inevitable that conflicts would develop. Differences in political views, religion, language, and mode of living all served to kindle and feed the flames of the Texas Revolution.

At the very beginning of hostilities, Texans closed the colonial land offices and assumed control of the land problems under one agency. This was the foundation and beginning of the General Land Office, as it is known today.

In separating from Mexico, Texans recognized the valid titles to land which had been made by Spain and Mexico, but all vacant land within the borders of the new republic became the property of Texas. These borders were defined by the Congress of Texas in an Act of December 19, 1836, and included all land within the present boundaries of the state (and out to three marine leagues in the Gulf of Mexico), more than half of the present State of New Mexico, and parts of Kansas, Colorado and Wyoming. The first commissioners of the General Land Office, who were given the momentous task of administering this huge domain, were John P. Borden (who served from 1837 to 1841) and Thomas Wm. Ward (whose tenure of office was 1841 to 1848). On December 29, 1845, the Republic became a state.

Events leading to the annexation of Texas by the United States were significant in the land history of the state. Relations between the Republic of Texas and the United States during this time may be separated into three periods, each of which lasted about three years.

During the first period, Texas sought annexation. Partly as a result of the slavery controversy then raging in the United States and partly in fear of war with Mexico, the United States refused annexation.

In the second period, Texas altered her attitude, withdrew her application for annexation, and made plans to perpetuate her republic. During this period, Texas was recognized by powers such as Great Britain, France, Holland, and Belgium. Americans, laboring under the influence of what they considered a Manifest Destiny, feared the influence of foreign powers in Texas.

This led to the third phase, which was characterized by renewed U. S. interest in Texas. On June 8, 1844, a treaty of annexation was defeated in the United States Senate, largely by partisan politics. This treaty stipulated that the United States would pay Texas debts up to ten million dollars, but that Texas would have to surrender title to all public lands.

Texas was fortunate that this treaty was not approved, because only a small part of the land that she would have traded for ten million dollars has since put more than 625 million dollars in the Permanent School and University Funds. Later that year, President John Tyler of the United States proposed that the treaty of annexation be adopted by a joint resolution of Congress, and this maneuver succeeded, the treaty receiving approval on February 28, 1845.

Provisions of the treaty as confirmed by the joint resolution allowed Texas to retain her public domain and provided also that the new state should keep her debts, which amounted to about 13 million dollars at that time. All in all, it was a better arrangement than the earlier treaty which had been defeated.

Congressional approval was greeted in Texas by considerable enthusiasm.

The initiative in annexation proceedings now lay with Texas. President of the Republic Anson Jones called a convention to meet at Austin on July 4, 1845, to decide whether or not Texas should accept the proposal. The decision being in the affirmative, the State of Texas was admitted into the Union on December 29, 1845, and the State government was formally installed on February 19, 1846. Thomas Wm. Ward, who had been Commissioner of the General Land Office under the Republic, assumed the same position in the State government. His duties remained essentially the same.

Shortly after Texas was annexed by the United States, war broke out between Mexico and the Union over the newly-acquired territory. Mexico had never relinquished her claim to Texas, and had repeatedly warned the United States that annexation of what she considered a rebellious province would mean war. From the beginning of hostilities, however, the United States experienced a minimum of difficulty in subduing her southern adversary. Less than two years after the war began, it came to a conclusion with the Treaty of Guadalupe-Hidalgo, signed February 2, 1848. Among other provisions, Mexico gave up her claim to Texas.

Hardly had the war come to an end than a dispute arose between the United States and Texas over 78,892,800 acres of land claimed by Texas. When Mexico concluded the Treaty of Guadalupe-Hidalgo, she sold this and other land to the United States for $15,000,000. Mexico had never recognized Texas’ claim to the land in question, which included parts of what is now New Mexico, Kansas, Colorado, and Wyoming.

However, when the United States began taking possession of this land, anger in Texas mounted. The Legislature passed a resolution renewing Texas’ claim to the disputed area.

A solution to the problem was worked out in the Compromise of 1850 by which the United States was to pay Texas $10,000,000 for the area. On February 28, 1855, Congress paid Texas an additional $5,496,477.77 for this land. Therefore, Texas profited handsomely by some shrewd bargaining on the part of its early leaders. Not only was Texas able to pay its public debt, but the State reserved its present domain to itself as well.

This public domain of land has been the basis of growth for the State’s two big educational funds, the Permanent School Fund and the Permanent University Fund, as the result of mineral exploration within Texas and especially because of oil development on public land set aside for the benefit of these funds.

As a result, the history of oil exploration and development within Texas is directly related to the story of Texas land. For that reason, it is briefly told here.

Tradition says that one John A. Veatch arrived in what is now East Texas but which was then a province of Mexico. After meeting certain requirements, he was authorized as an immigrant to select a league of land. Veatch chose his property in two parts: one three miles south of the present city of Beaumont and the other near Sour Lake in present Hardin County. Seventy-five years later, two of Texas’ greatest oil discoveries were made almost on top of his two tracts of land.

Ironically enough, Veatch is reported to have believed that oil existed in those localities and, for that reason, consistently declined to sell.

The first oil well in Texas was probably drilled near Saratoga in Hardin County in the early 1860’s, but the first oil discovered in commercially-suitable quantities was produced in Nacogdoches County 20 years later. The first commercial use of oil appears to have been as a tick remover.

First important oil production in Texas occurred in the Corsicana area in 1895. The Corsicana field was of such importance that it attracted numerous geologists and operators to Texas.

Before the Corsicana field came in, however, efforts had been made to develop the Beaumont location as an oil-producing area. Nearly ten years passed before the famous Lucas gusher came in producing a spectacular 4,000 barrels a day. Other wells were drilled in the same area, and the Texas coast suddenly became a paradise for oil developers.

The next major development in Texas oil history came in that same coastal region. At Sour Lake in Hardin County, a gusher came in in 1902, and it is reported that some wells have produced 10,000 barrels a day in this field. Drilling in this field had been going on since 1893. When the 1902 gusher was drilled, the supply of oil suddenly exceeded the demand, and oil was being sold for 15 cents a barrel. An average 1957 price was about $2.85 per barrel.

In 1903, the Batson field in Hardin County was discovered. The Permanent School Fund experienced its first sensation from this field. A surveyor discovered a scrap of unsurveyed school land near the oil field and filed to purchase it at $10.00 per acre, thinking the General Land Office unaware of its true value. To the contrary, the chief clerk of the Land Office held out for $1,500.00 per acre. He received what he asked for, and the School Fund profited by $23,025.00 from the sale.

One of the most productive oil fields in Texas was developed at Humble in January, 1905. The well that brought in the field began producing at 8,500 barrels per day.

Matagorda County caused some excitement in 1908. Its best producer yielded 7,200 barrels per day, but the field soon declined.

About 1910, exploration in Wichita County was active. Development moved at a snail’s pace originally, but discoveries near Burkburnett in 1912 and 1917 resulted in renewed attempts, and a field that was regarded as shallow suddenly became one of extensive resources. The field was even extended into the channel of the Red River. In general, the land was in the hands of small farmers, so this was the little man’s field.

Far to the south, the Goose Creek field in Harris County had been attracting attention since 1907. By 1911, a well on the edge of San Jacinto Bay was reported to be flowing several hundred barrels a day. In 1913, the Legislature enacted into law at the recommendation of Commissioner of the General Land Office J. T. Robison a plan whereby San Jacinto Bay, which was owned by the State, could be opened for development on a royalty 5 basis. The first permit for this purpose was issued on August 18, 1913.

The first royalty, $33.97, was paid to the General Land Office in April, 1914. Six years later, royalties from this source had increased to $600,000.

The Goose Creek field is still producing.

An interesting chapter in the history of Texas oil has to do with natural gas. In 1913, a well was drilled on top of 50-foot-high chalk cliffs on Nueces Bay near Corpus Christi. As the drill cut through the cap rock and into the gas chamber at about 2000 feet, the well blew out, a hole was torn in the ground, the derrick fell in, and the gas burned with a roar that was audible for miles. Four hundred yards away another well was drilled, and precautions were taken to avoid the previous calamity. The precautions were without avail, however, and the experience was repeated. An eyewitness described the scene:

Rushing gas came out with such tremendous force that a crater was torn some two hundred feet in diameter and made the ground and housetops snowlike with white sand for some six miles. The gas was dry. It ignited. A flame some one hundred and fifty feet in diameter shot up two hundred or more feet high and tossed up boulders as large as a peck measure as one would a baseball. The light could be seen forty miles and when I approached to within warming distance of the flame the earth trembled like a mass of jelly.

In northeast Texas, some small production was discovered on Tar Island in Caddo Lake in 1914. Caddo Lake is on the Marion-Harrison County line.

Three years later, oil discoveries began shifting to West Texas.

At Ranger in Eastland County on October 17, 1917, oil was discovered. Uncontrolled, the producers allowed their wells to flow thousands of barrels a day, and in many cases wells were practically exhausted within six months. Though the Ranger field is still producing today, the great period of activity lasted only about five years.

From Ranger, oil exploration drifted to the north in Stephens County. The Stephens County field is reported to have produced up to 90,000 barrels a day at its zenith.

Other oil developments in West Texas in the first quarter of the Twentieth Century came at Blue Ridge field in Fort Bend County in 1919, in Potter County near Amarillo in 1919, and in Wilbarger County in 1920.

Near the coast in 1919, the West Columbia field in Brazoria County came in. Reports say that a 29,600-barrel well was drilled in July, 1920. Though small, the field was quite productive.

The Mexia field was discovered in 1920, and the Powell field near Corsicana was reopened in 1924. As a result, Texas oil production shot above 200,000,000 barrels in 1927. Early in the 1920’s, oil was discovered in the Texas Panhandle. In 1925, Spindletop field near Beaumont was redeveloped, and proved more productive than when first discovered.

In the last half of the 1920’s, oil was discovered in Howard and Winkler Counties in West Texas. Other discoveries included Raccoon Bend on the coast, Van Zandt County in East Texas, and Bee County in 1929.

But the most prolific field of all was the East Texas field, which C. M. (Dad) Joiner brought in in October, 1930. Haunted by two failures, Joiner drilled a well in Rusk County where geologists said no oil existed. The overwhelming success of the well resulted in the wildest battle for leases in the history of the petroleum industry.

The discovery of the East Texas field, which soon covered a large area, led to a decline in the price of oil. After much struggle—some verbal and other physical—the field was put under martial law by Governor Ross Sterling in August, 1931. The reason for the struggle—the desire of some to reduce the amount of production and divide it among the producers—was solved as the Texas Legislature gave the Railroad Commission authority to ration production.

A number of major fields were discovered in the 1930’s, mostly in West Texas and along the Gulf Coast.

The next sensational discovery, however, came in 1948 in Scurry and adjoining counties. The discovery well in this field was brought in on November 21, 1948. This led to further exploration and further discoveries of oil in West Texas.

In 1953, the Neches Field in Anderson and Cherokee Counties was discovered. It has been labeled a major field.

Another area of oil development in Texas has been the so-called “tidelands”, the submerged lands under the Gulf of Mexico to the three-league limit. Production in the tidelands began as early as 1940 but drilling exploration has never developed to the desired extent. One reason has been the controversy between the United States and Texas over the ownership of the tidelands. After some litigation, Congress passed a law in 1953 placing ownership of the “tidelands” in the hands of Texas. Until then, Texas had claimed land out to the outer edge of the continental shelf, an average of about 85 miles.

In another area of petroleum development, the first oil discovery on University of Texas land makes an interesting story. A stubborn professor and a broken-down wagon played key roles.

In the early 1920’s, the governing body of The University of Texas decided to sell the University’s vast land endowment in West Texas. The late Dr. J. A. Udden, then director of the Bureau of Economic Geology and a renowned scholar, protested the sale and insisted that the land had possibilities for mineral development.

To prove his point, he located a site to drill an oil well and made arrangements for the drilling. When the drilling rig was being transported to the location, the wagon on which it was carried broke down and was extensively damaged. It was decided to drill at the site of the breakdown. On May 28, 1923, oil was discovered there.

The well was named Santa Rita and was the discovery well for the Big Lake field in Reagan County.

Ironically enough, a well was drilled later at Dr. Udden’s original location. It was a dry hole.

Santa Rita, though shallow, is still producing. Since its discovery, wells have been drilled nearby at seven levels, and the Big Lake field has yielded a total of 113,878,857 barrels to September, 1956. In terms of dollars and cents, this amounts to $18,874,527.09.

From the meager beginning provided by the Santa Rita well, the Permanent University Fund has grown today to more than 280 million dollars.

As a direct result of oil exploration and development in Texas, the Permanent School Fund and Permanent University Fund have mushroomed. Much oil exploration and development have been done on State-owned lands. This has been the major source of income for these funds, which now total more than 625 million dollars.

Even today these permanent funds are growing as a result of oil and other mineral development on State-owned lands. As a result, the public school systems and higher education in Texas will continue developing in a manner befitting the Lone Star State.

Thus, the history of Texas land is still being written.

II.
DISPOSITION OF TEXAS LAND

The disposal of land within the present boundaries of Texas constitutes an interesting segment of the State’s history.

The disposition of these lands actually began while they were still part of Spain’s colonial empire. In the areas around Nacogdoches, San Antonio, and the Rio Grande Valley, Spain gave away a few very large tracts of land. When Mexico obtained her independence, she granted title to other large areas in Texas. The means by which Mexico disposed of these lands were three: sale, special grants, and empresario contracts. The most famous of the last of these was the contract with Moses and Stephen F. Austin. The total number of acres granted by Spain and Mexico approximated 26,250,000.

When Texas earned her independence, she recognized the legitimacy of titles to land granted by Spain and Mexico. In addition, Texas set about disposing of more land.

In general, Texas parted with land in three ways. She gave some away, traded other for services, and sold some.

Land given away was designed to encourage immigration, reward good citizens and veterans of military service, encourage settlement and improvement of land, help the growth of railroads and other internal improvements, and foster development of educational systems.

Texas traded more than 3,000,000 acres of land for the construction of a state capitol building.

There was but one reason to sell land, and that was important: to pay debts of the State.

Grants of land were given numerous names, depending upon the purpose of the grant. HEADRIGHTS were to encourage immigration and reward native citizens. BOUNTIES and DONATIONS were given to men who had fought with the Army of the Republic during the Texas Revolution. PRE-EMPTIONS (or HOMESTEADS) were given in the late 1850’s to encourage families to settle permanently on and to improve a plot of land. CONFEDERATE SCRIP rewarded Texas veterans who had fought for the Confederacy. CONTRACTOR SCRIP was given for construction of railroads and other internal improvements. Two other classes of scrip were sold: TOBY SCRIP, named for the man who sold it; and SALES SCRIP; these were designed to help pay the public debt. Land granted without any particular designation was that given to public schools, counties, The University of Texas, and eleemosynary institutions to use in developing an educational system.

Here is a detailed study of circumstances surrounding the disposition of all land given, traded, or sold by the Republic and State of Texas.

HEADRIGHTS

There were four classes of HEADRIGHTS.

The first was granted by the delegates who adopted the Constitution of the Republic of Texas in March of 1836 at Washington-on-the-Brazos. It provided that “all persons except Africans and their descendents, and Indians, living in Texas on the day of the Declaration of Independence, are entitled to headright grants, if they be heads of families one league and one labor, and if a single man, 17 years old or older, one-third of a league”.

Second Class Headright Certificates went to heads of families and single men who arrived in Texas as immigrants after the Declaration of Independence and prior to October 1, 1837, provided they remained in the Republic three years and performed the duties of citizenship. Heads of families were to receive certificates for 1280 acres and single men a certificate for 640 acres.

The Third Class of Headright Certificates were granted to heads of families and single men who immigrated to Texas after October 1, 1837, and before January 1, 1842. Heads of families under this class were entitled to 640 acres of land and single men to 320 acres.

Fourth Class Certificates were issued to immigrants who arrived in Texas after January 1, 1840, and before January 1, 1842. Young men who were permanent residents and became 17 years of age before January 1, 1840, were also eligible for this certificate. Heads of families could receive certificates for 640 acres, and single men for 320 acres. The recipient was required to perform the duties of a citizen for three years.

A number of famous men connected with Texas history, or their heirs, received the First Class Headright Certificate. They included James Bowie and David Crockett, who died at the Alamo. Another interesting First Class Certificate went to Thomas Lagow, who immigrated to Texas in November, 1835. His property was located on White Rock Creek in Dallas County, and covered a large part of what is now the southeast part of the City of Dallas.

Among Third Class Certificates will be found all colonial grants. The Republic of Texas encouraged immigration by contracting with numerous people who agreed to settle a number of immigrants on public domain.

Each immigrant who was head of a family was to receive 640 acres of land, and a single person 320 acres. The colonizers were to receive their pay in land.

Four of the better-known colonies were Peters’, Mercer’s, Castro’s, and Fisher and Miller’s. The first two were located in the North Central part of the state. Dallas County, for example, was a part of Peters’ Colony, which was headed by W. S. Peters. Mercer’s Colony was located to the southeast of Peters’. These two colonies were settled by immigrants from the United States.

Castro’s Colony, which was established southwest of San Antonio, was settled by Germans and Alsatians. More Germans settled to the northwest of San Antonio in Fisher and Miller’s Colony.

The total number of acres in these four colonies was 4,494,806. All four contracts were signed during the first half of the 1840’s.

PRE-EMPTIONS (HOMESTEADS)

The purpose of Headrights was to encourage settlers to immigrate to Texas. Pre-emptions (or Homesteads) had the same basic objective.

Essentially, the Homestead Laws provided that a person who had settled upon a tract of land and who had improved it could claim the land. However, the settler could not claim more than a certain number of acres, and he could not claim the property if someone else had already claimed it.

The meaning of PRE-EMPTION becomes clearer with the dictionary definition: “The act or right of claiming property before others”.

Homestead or Pre-emption grants were made under a number of laws.

The first, passed January 22, 1845, declared that the settler could claim up to 320 acres. He was required to present land certificates within three years. Later, this time was extended to January 1, 1854.

The next law was dated February 7, 1853, but there was very little difference between this and the 1845 legislation.

Both the 1845 and 1853 laws were repealed, however, by the Act of February 13, 1854, which reduced the amount of land which a settler could claim as a pre-emption to 160 acres. The 1854 law further specified that the pre-emptor was required to live on the land for three years. This law was repealed on August 26, 1856, and Acts of November 12, 1866, and August 12, 1870, restored pre-emption laws similar to the 1854 legislation. The 1866 and 1870 laws were made a part of the Constitution of 1876, and settlers continued to claim land under pre-emption laws until 1898, when litigation in the courts brought this class of claims to an end.

The main reason for the end of pre-emptions was that homesteaders ran out of public domain on which to settle. However, 4,847,136 acres were granted under Homestead or Pre-emption laws.

BOUNTIES AND DONATIONS

After the Texas Revolution, the Republic of Texas granted its soldiers certificates for 640 acres of land. This was to go to all who were engaged in the Battle of San Jacinto, all who were wounded the day before, all who guarded the army’s baggage near Harrisburg, all who entered Bexar from the morning of the 5th to the 10th of December, 1835, all who took part in the reduction of the fort at Bexar, all who were in action under Colonels Fannin and Ward on March 19, 1836, and to the heirs of those who were killed at the Battle of the Alamo on March 6, 1836.

An interesting feature of the Act of December 21, 1837, which granted these lands, was that veterans receiving lands under this act could not sell or mortgage those lands.

More than 40 years later, on April 26, 1879, the State Legislature granted another 640 acres to indigent veterans of the Texas Revolution, 11 after repealing an act which granted those veterans a pension of $150 per year.

CONFEDERATE SCRIP

Texas rewarded its fighting men again after the Civil War (or War Between the States).

Carpetbaggers who were in control of the State government during reconstruction sought to reward men who fought in the Union army “during the late Rebellion”, but no grants of land were made under this act, which was passed on August 21, 1868.

When Texans regained control of the State government, they provided that veterans who had been permanently disabled while in Confederate service could receive 1280 acres of land.

This act, which was passed April 9, 1881, further specified that anyone receiving land under this provision could not have an estate valued at more than $1,000.

Titles to land granted under this provision are called CONFEDERATE SCRIP.

GRANTS FOR EDUCATION

The people of Texas have always been interested in better educational systems. Early Texas newspapers reflect this fact. Consequently, land was set aside by the Republic or State at one time or other for the benefit of The University of Texas, county schools, eleemosynary institutions, and public schools. In many cases, this land has been sold, and the systems have benefited from the fund thereby created.

The University of Texas

By the Act of January 26, 1839, the Congress of the Republic of Texas set aside 50 leagues of land to be used in the establishment of two colleges or universities. This land was not surveyed until August 30, 1856, and The University of Texas actually received a fraction over 49 leagues, that is, about 217,000 acres. Most of this land, which was located in Grayson, Hunt, Fannin, Cooke, Lamar, Collin, McLennan, Callahan, and other counties, was sold. From them the University received about $653,000. A fraction of one league remains in the hands of the University.

The Act of August 30, 1856, provided that income from sales of University lands should compose a fund subject to appropriation by the Legislature for the University.

Earlier, an Act of January 30, 1854, which was primarily concerned with encouraging the growth of railroads in the State, gave the University one of every ten sections allotted for railroads. To this, the Legislature added on February 11, 1858, $100,000 in bonds, and one section of land in ten granted to the Galveston and Brazos Navigation Company.

The Constitution of 1876 provided the first real basis for the University, granting the school one million acres from the unclaimed public domain, providing that the one of every ten railroad sections were not taken by the University. An Act of April 10, 1883, added another million acres to this.

The Constitution of 1876 also provided for the establishment of a Permanent University Fund which was to be composed of all land belonging to the University and all income from the sale of this land. In later years, this fund has grown by leaps and bounds as royalties and bonuses from oil exploration and production on University lands have been added to it. At the end of 1957, the Permanent University Fund stood at about $292,000,000. This money is invested, and income from these investments goes into an available fund from which The University of Texas draws two-thirds and Texas A & M College one-third for current expenses.

Public Schools

The other great Texas educational fund is the Permanent School Fund, which amounted to nearly $360,500,000 in July, 1957. Like the Permanent University Fund, this money is invested, and income from the investments is spent for current needs. Unlike the University Fund, the Permanent School Fund may have one per cent of its value appropriated by the Legislature each year for current expenses. Of course, this appropriation—if made—is approved during the Legislature’s biennial session. The bulk of the Permanent School Fund, like the Permanent University Fund, has come from mineral development on specific lands set aside for the benefit of the fund.

These lands were provided by the Constitution of 1876, which said that one-half of the public domain of the state, alternate sections of railroad land, and all money from the sale of these lands should constitute the Permanent School Fund. An Act of February 23, 1900, gave the then remaining public domain to the Permanent School Fund, except for rivers, lakes, bays, and islands along the Gulf of Mexico. In 1939, the Texas Legislature dedicated the mineral estate of these rivers, lakes, bays and islands to the Permanent School Fund. For sometime before the dedication, most income from these sources had been channeled into the Permanent School Fund.

Under these acts, 46,500,000 acres of land, including the mineral estate alone of 7,160,000 acres, have been granted to the Permanent School Fund. Of the former figure, 42,500,000 acres are surveyed uplands, of which only about 900,000 remain unsold. The first school land sold was 160 acres in Bowie County in 1874. Since 1905 all sales have been on a competitive sealed bid basis.

Moneywise, oil production royalties alone brought the Permanent School Fund more than $14,000,000 in 1956. Of the 7800 oil leases in force, production was experienced on about 1400.

Another source of income—small though it is—for the Permanent School Fund comes from tracts of unsurveyed land. These are called “vacancies”. 13 People occupying this land usually believe that they own it. In 1939 the Legislature passed an act designed to protect the occupants of the land in their rights and to insure that the Permanent School Fund receives its rightful share of the value of this unsurveyed land.

Of a similar nature to vacancies is excess land—acreage within a tract in excess of what was granted to the first claimant. These were usually created by inadequate surveying equipment and hardships under which surveyors worked during the early years of Texas. For example, a tract of land when first surveyed might have measured 160 acres. Today, with more precise surveying equipment and methods, the tract might survey out to be 180 acres. The difference between the two—20 acres—is excess acreage. It has been estimated that about one per cent of the total area of the state, or about 1,750,000 acres, was at one time excess land.

Owners of property containing excess land were also covered by the June 19, 1939, law mentioned above. These owners, and property holders occupying vacancies, were allowed by the 1939 law to pay a reasonable price for the land and receive a clear title to the property.

As examples of money coming into the Permanent School Fund from these sources, excesses have put about $2,000,000 into the fund since the 1939 law was enacted, and vacancies have brought the fund about half a million dollars.

In conclusion, it will be of interest to note that lands now belonging to the Permanent School Fund are channels, lakes, bays, and other areas within tidewater limits including part of the Gulf of Mexico. In addition, vacant lands and 900,000 acres of surveyed uplands belong to the Permanent School Fund. All minerals within the remaining public domain have, therefore, been dedicated to this school fund.

County Schools

The general education act of January 26, 1839, which gave The University of Texas 50 leagues of land, also made provision for local schools throughout Texas. This act granted each county in the then-Republic three leagues for school purposes. An Act of March 13, 1875, increased each county’s grant to four leagues. All but 18 of the state’s present 254 counties received this land, and most of them sold it, receiving small sums. Some counties retained their land, and many have had oil discovered on their property. Each county set up its own permanent school fund into which goes money from sale of county lands or money from mineral leases. Most counties that did not sell their land today have permanent funds of several hundred thousand dollars.

These county lands are under the control of each county commissioners court, and are not supervised by the General Land Office.

Eleemosynary Institutions

An endowment for these institutions was created by the Legislature with an Act of August 30, 1856. By this act more than 100,000 acres were given to each of these institutions: State Insane Asylum, Institute for the Blind, Institute for the Deaf and Dumb, and the State Orphan Home. When this land was surveyed, it was found to contain about 410,600 acres. Under 14 various sales acts from 1881 through 1897, this land was sold mostly to settlers who improved it. Price of this property was from $1 to $2.50 per acre. Most of the land was suitable for farming.

GRANTS FOR INTERNAL IMPROVEMENTS

Railroads

There was much agitation in the early Texas press for the development of railroads in Texas. Accordingly, the State began granting lands as early as 1852 in return for the laying of track. On January 30, 1854, general railroad legislation was enacted granting 16 sections of land per mile to companies that would build at least 25 miles of track. In locating their land, railroads were required to locate a like amount for the State. Railroad lands were usually surveyed in tracts of a section each, odd-numbered tracts going to the railroad companies, and even-numbered tracts going to the State of Texas.

Railroad companies were required to dispose of this land within a specified period of time, which originally was 12 years. This was later increased to 21 years and, finally, reduced to seven years. The Legislature’s reason for enacting this requirement was probably to encourage settlers to these railroad lands and to discourage the formation of huge railroad estates.

The State halted its railroad grants by an Act of April 22, 1882. Total acres granted to railroads reached 32,153,878.

Memphis, El Paso and Pacific Railroad Company provides an example of the large areas that were granted for this purpose. A reservation eight miles wide, and later 40 miles wide, was set aside in which this railroad company could select its land.

Canals, Irrigation, Making Rivers Navigable

Construction of canals and irrigation systems and clearing rivers of obstructions to navigation began to interest the State of Texas to such an extent after 1870 that legislation was enacted to encourage these activities.

The main reason for this interest was the speedy, direct transportation which canals and rivers could provide. Railroads were only then beginning to stretch their steel fingers across the state, and Texans still needed other ways to get themselves and their goods from one place to another.

On February 22, 1875, the Capital Canal Company was organized to dig a canal from Marble Falls to Austin—a distance of about 40 miles—and the company was to be granted 20 sections of land for each mile of canal. General Land Office files indicate that the canal, if constructed, was never paid for in land grants.

A general act designed to encourage construction of canals and irrigation ditches was passed on August 21, 1876. The legislation provided that contractors who dug canals or irrigation ditches at least two miles in length could receive from two to eight sections of land, depending upon the size of the passage.

Most of the land granted for these purposes went for irrigation ditches.

Earlier, on June 2, 1873, the Legislature allowed four sections of land for each mile of the Trinity River that was cleared of snags and sand bars.

Industry

Another improvement encouraged by the State was the use of more efficient machinery for the preparation of iron from ore, the conversion of cotton or wool into thread, or paper. An Act of December 15, 1863, provided that any person or corporation installing improved equipment by March 1, 1865, would be granted 320 acres of land for each $1000 worth of machinery.

Shortages arising out of the Civil War undoubtedly compelled this legislation. Southern States had been cut off from northern and European manufactures and took this, among other, means of encouraging Southerners to establish their own industry.

One of the few companies that took advantage of this legislation was the Waco Manufacturing Company, which received 58 certificates for 320 acres each on January 6, 1873, and which later claimed and received the land to which they were entitled.

Highways

The Republic was interested in highway building as early as 1844. On February 5 of that year the Legislature provided for the construction of “The Central National Road of the Republic of Texas”, later called the Kiamisha Road. The legislative body decreed that the cost of the road should not exceed 160 acres of land for each mile constructed.

The road was to stretch from near the mouth of the Elm Fork of the Trinity River to the Red River opposite the mouth of Kiamisha Creek, from which the road took its name. The highway was to be at least 30-feet wide, and all bridges were to be at least 15-feet wide.

The Kiamisha Road was never built.

CONSTRUCTION OF STATE CAPITOL

On February 20, 1879, the State Legislature set aside 3,050,000 acres of land in West Texas to pay for a new State Capitol building. Interestingly, the act provided for the survey of this land and detailed a force of Rangers to protect the surveyors in their work.

The cornerstone of the Capitol was laid on March 2, 1885, and the building was formally dedicated on May 16, 1888. The pink granite which forms the walls of the Capitol came from Granite Mountain near Marble Falls in Burnet County.

Forty years after construction of the Capitol, it was discovered that 16 too much land had been given to the contractor in exchange for building the structure. The State recovered 57,836 acres of land in 1924. This recovered land is in Dallam and Hartley Counties.

SALE OF TEXAS LAND

Governments almost always have experienced a need for money to pay debts. Texas the Republic and Texas the State have been no exceptions.

An Act of the Congress of the Republic of Texas on December 10, 1836, empowered the President to issue scrip which could be traded for land in Texas. This scrip was to be sold by agents in the United States for not less than 50 cents an acre. Thomas Toby of New Orleans, Louisiana, was the most famous agent, and the land located with scrip he sold is classified in the General Land Office files today as “Toby Scrip”.

On July 14, 1879, large parts of the public domain were again offered for sale through land scrip at 50 cents per acre. Most of this land was located in 52 counties in West Texas.

Today, this land, which sold for 50 cents per acre, is worth many times more. All in all, about 3,000,000 acres of land were sold to help pay the public debt of Texas.

CONCLUSION

About 48,500,000 acres of the Texas Public Domain have been set aside for public education. This is about one-fourth the area of the state. The State of Texas still has an interest in about 16,000,000 acres, and the Commissioner of the General Land Office has charge of these. This land, which is scattered all over the state, offers leases on oil, gas, sulphur, and other minerals, timber, and grazing. Altogether, this land brings the State nearly $30,000,000 per year in income.

This study reveals that early Texas leaders were farsighted. They maintained faith in the future of Texas and utilized the most abundant resource of the state—land—to insure a prosperous future of their beloved Texas.

III.
ITEMS OF INTEREST TO BE FOUND IN THE GENERAL LAND OFFICE

1. THE SPANISH ARCHIVES. These archives contain some 4,000 original titles written in Spanish and issued by the Spanish and Mexican authorities when Texas was under their control. In addition, there are approximately 4,000 sets of field notes written in English by American Surveyors during the colonization program initiated by Spain and carried out by Mexico. These documents date as far back as 1745 but mainly encompass the period from 1823 to 1835. See Spanish translator.

2. MAP OF TEXAS SHOWING PARTS OF ADJOINING STATES, COMPILED BY STEPHEN F. AUSTIN. See chief of engineering division.

3. MUSTER ROLL OF THE ARMY OF THE REPUBLIC OF TEXAS. See director of records division.

4. INSTRUMENT BELIEVED TO BE THE ORIGINAL DRAFT OF THE CONSTITUTION OF THE REPUBLIC OF TEXAS from which the final draft was taken. See director of records division.

5. PATENT (a quitclaim deed) ISSUED BY THE REPUBLIC OF TEXAS under President David G. Burnet. See director of records division.

6. PATENT ISSUED BY THE STATE OF TEXAS under Governor Sam Houston. Located in Milam Scrip 329. See chief file clerk.

7. COPY OF SAM HOUSTON’S WILL. Located in Nacogdoches I-1134. See chief file clerk.

8. COPY OF ROBERT E. LEE’S WILL. Located in Bexar III-6947. See chief file clerk.

9. CERTIFICATE TO SAMUEL G. POWELL, DATED FEBRUARY 3, 1854, FOR 320 ACRES OF LAND FOR BUILDING WITHIN THE STATE OF TEXAS THE STEAMBOAT “BETTY POWELL”. Located in Fannin Scrip 495. See chief file clerk.

10. INSTRUMENT EXECUTED IN LIVERPOOL, ENGLAND, IN 1855, AND ACKNOWLEDGED BY NATHANIEL HAWTHORNE, then American Consul in Liverpool. See director of records division.

11. ORNATE, BEAUTIFUL MAPS COMPILED BY PROFESSOR DOCTOR C. C. STREMME (see reference to Professor Stremme in note about Old Land Office Building on the back of picture of this structure). Tyler County map dated May, 1858. Houston County map dated October, 1868. See chief of engineering division.

12. MAP OF MASON COUNTY COMPILED BY F. H. ARLITT, 1859, NOTED FOR ITS BEAUTY. See chief of engineering division.

13. THOMAS TOBY SCRIP NUMBER 1 FOR 1000 ACRES OF LAND. Located in Milam Scrip 87. See chief file clerk.

14. PAYROLL RECORD OF WILLIAM S. PORTER (O. HENRY), 1887. See director of records division.

15. PICTURE OF DRAFTSMEN IN GENERAL LAND OFFICE, 1887, INCLUDING WILLIAM S. PORTER (O. HENRY). See chief clerk.

16. MAP OF KENT COUNTY, 1889, BY WILLIAM S. PORTER (O. HENRY). See chief of engineering division.

APPENDIX

Table A.

DISPOSITION OF THE PUBLIC DOMAIN OF TEXAS UNDER THE REPUBLIC AND THE STATE

Table B.

MINERAL ESTATE

LEASED MINERAL ESTATE

PRODUCING ACREAGE

ANNUAL ROYALTY
Period Ending August 31, 1956

Table A.
DISPOSITION OF THE PUBLIC DOMAIN OF TEXAS UNDER THE REPUBLIC AND THE STATE

Table B.

AUTOMOBILES—REGULATING RUNNING OF SAME.
H. B. No. 93.] Chapter XCVI.

An Act to regulate the running of automobiles and motor vehicles, and the requiring of the owner of such machine to register his name and the number of his machine with the county clerk of the county in which he resides, for the violation of which a penalty is provided.

Section 1. Be it enacted by the Legislature of the State of Texas: All owners of automobiles or motor vehicles shall before using such vehicles or machines upon the public roads, streets or driveways, register with the county clerk of the county in which he resides, his name, which name shall be registered by the county clerk in consecutive order in a book to be kept for that purpose, and shall be numbered in the order of their registration, and it shall be the duty of such owner or owners to display in a conspicuous place on said machine the number so registered, which number shall be in figures not less than six inches in height. The county clerk shall be paid by such owner or owners a fee of fifty cents for each machine registered.

Sec. 2. No automobile or motor vehicle shall be driven or operated upon any public road, street or driveway at a greater rate of speed than eighteen miles an hour, or upon any public road, street or driveway within the built up portions of any city, town or village, the limits of which shall be fixed by the municipal officers thereof, at a greater rate of speed than eight miles an hour, except where such city or town may by an ordinance or by-law allow a greater rate of speed, provided the speed limit shall not apply to race courses or speedways.

Sec. 3. No person in charge of an automobile or motor vehicle on any public road, street or driveway shall drive the same at any speed greater than is reasonable and proper, having regard to the traffic and use of the public road, street or driveway by others, or so as to endanger the life or limb of any person thereon.

Sec. 4. All drivers or operators of automobiles or motor vehicles are prohibited from racing upon any public road, street or driveway.

Sec. 5. Any person driving or operating an automobile or motor vehicle shall at the request, or signal by putting up the hand, or by other visible signal from a person riding or driving a horse or horses or other domestic animal, cause such vehicle or machine to come to a standstill as quickly as possible and to remain stationary long enough to allow such animal to pass.

Sec. 6. Every driver or operator of an automobile or motor vehicle shall have attached thereto a suitable bell or other appliance for giving notice of its approach, so that when such attachment is rung or otherwise operated it may be heard a distance of three hundred feet, and shall carry a lighted lamp between one hour after and one hour before sunrise.

Sec. 7. Every one who violates any of these six sections shall be punished by a fine of not less than five dollars nor more than one hundred dollars.

Sec. 8. The near approach of the end of the session and the demand for immediate legislation on this subject constitutes an imperative public necessity that the constitutional rule requiring bills to be read in each house of the Legislature on three several days be suspended, and this act take effect from and after its passage, and it is so enacted.

TEXAS FIRST TRAFFIC LAW
PASSED BY 30TH LEGISLATURE, 1907

A picture of a picture

Little did this group of Sunday drivers realize they were making history one day 56 years ago when they stopped to have their picture taken. But today the original photograph, in the form of a glass plate, is kept on display at the Dallas Historical Society Museum as the first automobile to be licensed in Dallas County. Marvin Bradshaw, Right of Way Agent at Dallas in District 18 of the Texas Highway Department, visited the museum and asked permission to take a picture of the picture. Under the supervision of a museum attendant, the glass plate was taken outside in the sunlight, where Bradshaw placed a piece of sensitive paper under the plate to obtain a “sun proof.” A temporary image was then taken to the photo lab where camera copy was made of it. The car was registered under the name of J. M. Oran in 1907.

COURTESY TEXAS DEPARTMENT OF PUBLIC SAFETY

Transcriber’s Notes

• Retained publication information from the printed edition: this eBook is public-domain in the country of publication.
• Silently corrected a few palpable typos.
• Transcribed handwritten in-photo captions.
• In the text versions only, text in italics is delimited by _underscores_.

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