A History of the Texas General Land Office Foreword by Garry Mauro Published by the Texas General Land Office Austin, Texas
199 2
© 1992 Texas General Land Office, State of T exas, Austin
At! Rights Reserved. No part of this publication may be reproduced or transmitted
In
any form or by any means, elect ron ic or mechanica l, mcluding photocopy) recording or any other information storage and renieva l syste ms, without prior permission in writing from thl' publisher. Cover graphics by Arnie Flores, Texas granite photograph by Gavin Villareal, Big Bend photograph by James V. Voight and W est Texas surveyor photograph by C ath erine Flood Weiss. Printed on recycled paper with soybean ink. Contents
Acknowledgements
v
General Land O ffice seals
vi
Foreword
vii
Prologue
xi
Texas Land Commissioners
xiii
Settlement of the land in Texas before 1836
Texas under Spanish and Mexican rule
The case of Valentin Perez before the Court of Claims
The Republic of Texas 1836- 1845
Headright grams
~
Land disoiccs
t&.
~
7
Creation of the General Land Office
Empresario colonies
l'&..
Land scrip
The Archives War
14
The middle years 1846-1875
Pre,emprion grants
4
~
17
Land scrip ~.. Public school lands t .. The Court of Claims Veteran's donation grants
22 The end of the unappropriated do main 1876-1900
Railroad land grams ~.. Land to build the Capitol
'"' The "Fifty Cent Law" ~ Hogue v. Baker
O. Henry at the General Land Office
Turn of the Century 1901 -1920
Schendel! v.Rogan ta.. The Relinquishment Act of '9'9
State land agems
32
35
Oil and gas impact 1921-1960
Oil and the university lands a. Vacant and unsurveyed lands
'" Creation of the School Land Board
~
45
The tidelands
Public lands fund [he Texas Capitol
Coastal issues 196 1-1970
U. S. Supreme Court confirms tidelands ownership
~
55
The Reagan-de Ia Garza Act of t 96 t
a. Coastal management a. Treasures from the public
lands
60
The Permanent U niversity Fund
New responsibil ities 1971-1982
Environmental planning a.. Royalty bidding
a. Leasing public lands for habitat protection
The archives and records collection
68
Environmental and economic issues 1983-present
"l n~kind"
71
gas initiatives a. Texas Natural Herirage Program
a. Asset management a. Texas Adop[;A~Beach a. Natural gas iniriatives
a. Coastal management a. Oil spill prevention and response
Legal efforts preserve the Permanent School Fund
History of the Texas Veterans Land Board
Rewarding vererans a. Funding la. Early successes
a. Scandal a. Housing and home improvement loans
Old Land Office BUilding restored
Conclusion
93
Illustrations
97
.1.
Bibliography
101
Acknowledgements
Many peop le contributed their talents and resources to make LAND, A History of the Texas General Land Office a reaHry. Written by Andrea Gurasich Morgan Edired by Charles Warth Ward Designed by Catherine Flood Weiss Illustrations by Alexander Rodriquez Manuscript to
1900
by Michael Moore Research by Susan Smith Dorsey, Galen Greaser, Stroud Kelley and Frank de 1a Teja v
"'" '. "
...
;
General Land Office seals
•
1838- , 84 2
Because of fi nanc ial constra ints placed on t he young
nation, the Gen eral Land O ffice did not have its first
seal until February 1838. Howeve r, that did not stop
the land office from issuing pa tents. The Republic of
T exas issued its fi rst patent , which bore the pnvate
seal of Land Commissioner John Borden , to Michael
B. Menard in Janu ary 1838. The seal, wh ic h depicts
a buffalo standing next to a live oak tree with a small
star in the upp er righ t h and co rn er, was used until
18 42 . It is be lieved the sea l was either broken or lost
during the Arch ives W ar-a dispute concerning the
location of records.
1845- 1986
Th e se cond sea l of th e Ge ne ral La nd Office was
used from mid - 1844 unti l 1986. The seal emphas izes
agr iculture in Texas by depictin g a cott o n plant,
plough , sheaf of wheat, scy the and meridian sun . In
its o rig in a l fo rm , th e sea l read "The Re public o f
T exas." Shortly after ann exati on , it was changed to
read "The State of Texas. "
1986-presen t
In Ma rch 19 86, the T exa s Gen e ral Land O ffice
introdu ced a new sea l to comm emorate the Texas
Sesquicen te nni a l. Th e sea l de picts a biso n in th e
fore gro und with a !lve- point star over a ri sin g sun
ill um in atin g [h e Tex as G ul f C oas t. The ret urn to
th e biso n sy mbo lize s the G e n eral Land O ffice' s
commitment to prote ct ing Texa s' public lands and
the importan t role t h e la nd o ffice h as pla yed
throughout T exas history.
vi
Foreword
by
Garry Mauro Texas Land Commissioner T
he h istory of the T exas General Land Office mirrors the modern-day
se ttlement of Texas. It is the story of a huge and dive rse state and the
important role the land office played in its deve lopment.
Measur ing approxi mately 750 by 750 miles, the state's 265.000 square
mile land mass rises from the sea along the gulf coast in the east reac hing a mite
high in the mo untai n o us wes t. Texas contains man y differen t natu ral
regions-seacoast, marshes. fo res ts, roUing hi lls. fl atlands, prairies, lakes,
plains, rivers, mountains, deserts and more can be found within its borders.
Corron, cattle, oil-all closely associated with the land-have each at
one tim e been king o f the Texas economy. Transportation-railroads,
shipping, highways, airways-a ll came to T exas. Finan ce and ban king,
retailing and wholesale merchandising all have played a parr in the economic
m ix o f the sta te . Texas' eco nomic base has been varied and remains so today.
A large number and mix of va ri ous ethnic groups and nat iona lities we re
atrracted to Texas by an abundance of available land- land that was either
cheap or virtuall y free for rhe asking.
The yo ung Republic of Texas was faced wi th ad ministering ItS vast land
ho ld ings afte r it broke away from Mexico. In 1836 the Repu bl ic of Texas
vii
Congress formed the General Land Office to manage the public domain. The
charge was to collect and keep rccords~ provide maps and surveys, and issue
titles. In addit ion to encou raging settlement of public lands via land grants,
scr ip redeemable in lan d was use d to rai se cash ( 0 finance th e War fo r
Independence from Mexico and the expenses of the young nation.
The Republic of Texas entered the Union as a state owning its publi c
land because the federal government would not take T exas' land fo r pay ment
of its debt. However, wh en the Compromise of 1850 settl ed the st a te's
boundaries essent ially as they are today, Texas received enough money to pay
off its debt and still retained much of its public lands. Over time, this indeed
proved a good thing for Texans.
Early on rai lways, cana ls and factories were financed with land sc rip .
Public education benefited greatly from Texas' decision to match acre for acre
of un app rop riated land with lands for fundin g sc h oo ls. When o il was
discovered on public school lands early in this century, it brought a bonanza
for public education that continues to this day.
Du ring the late 1800s some of the last of the unappropriared pu blic
domai n was used to provide impove rished and disabled veterans of the War for
Independence with land. Today we continue that tradition. Texans who are
mili tary veterans can receive benefi ts from the Texas Veterans Land Board
through low;cost housing, land and home improvement loans.
In the 1960s main taining control of the tidelands, ope ning beaches for
the public, and protecting bays and es tuaries were major areas of concern for
the land office. The Padre Island National Seashore was created in 1963. The
land offi ce's importance to the o il industry continued to grow as it controlled
mineral rights o n millions of ac res, a huge amount of land for indust ri al
activity and almost a million acres to rent. And as oi l production boo med,
royal tics increased, making the Permanen t School Fund eve n more important
to the school children of T exas.
During the last 20 years env ironmental concerns and long;term planning
evolved as major areas of in te rest. In the 19705 the use of fuels such as coal was
promoted due to the worldwide o il and natura l gas "crisis." T o day the use of
natu ral gas is strongly encouraged to help combat air pollution and to provide
jobs for T exans.
viii
Major land office concerns the last 10 years have focused on improving
and expanding the veterans loan programs, auditing the royalty payments to
insure full payment to the Permanent School Fund, initiating conservation
programs and achieving the best use of state lands.
Recently the land office has focused on cleaning up the Gulf of Mexico,
coastal land management planning, expanding the use of alternative fuels, oil
spill prevention and response, developing recycl ing markets, and keeping
beaches, lakeshores and river banks clean.
Texans now live mostly in urban areas. The state's traditional economic
base-oil and the military-is waning. But there is growth in the
manufacturing, service and technological sectors. World~famous centers for
research and education, as welt as medical, space, bio;technology and high;
tech efforts can be found.
As this mammoth state of almost 20 million people approaches the 21st
century, the Texas General Land Office is ever mindful of taking care of its
traditional responsibilities, yet remains alert to new challenges a diverse
economy and a growing population will bring. Overall the mission of the
Texas General Land Office will continue to be carefully caring for Texas.
'*
ix
"t.•
•
TEXAS COLONIAL INDIAN o
TRIBES o
~,,' < r
Gulf of Mexico
x
Prologue
T
he Texas General Land Office was established by one of
the first acts of the Republic of Texas Congress to
determine land ownership after Texas won independence
from Mexico in r836. However, the story of Texas public lands and
their settlemen t begins when Spain claimed territory that included
Texas. From that time to the beginning of the 20th century, several
governments- Spain, Mexico, the Republic and the State of Texas­
distributed land to settlers. But the mostly
European immigrants who came to T exas
during this time were certainly not the first
settlers. Experts estimate that N ari ve
American Indians had inhabited the area for
10,000
to
40,000
years.
Many believe the Llano Indians were
the first Texans, roaming the land for more
than 25,000 years. The Puebloan Indians
lived near present-day Presidio and in far
West Texas from approximately 1100 to 1400 A.D. The Caddoes, who
were farmers , began inhabiting East Texas some 1,200 years ago and
grew crops such as pumpkins, beans and squash. Because they had more
than they needed, they were involved in extensive trading.
The Plains Indians, which included the Comanche, Lipan,
Apache, Kiowa and Tonkawa tribes, hunted in the Central, West, and
xi
Panhand le regions of the state. Some of these no mads were involved in
agriculture- raising maize , beans, squash and pumpkins. The Jumano
Indians lived in the Trans~Pecos area where they were invo lved in bo th
hunting and agriculture.
The Karankawas. who inhab ited the southern coastal area, were
the fir st to enco unt er the Spani ards in T exas when the N arv ae z
expeditio n was shipwrecked off the T exas c oast in r 528. While they
started o ut o n friend ly te rms, friction arose and the Karankawas soo n
enslaved the Spaniards. Four of t h em escaped , including Alvar N unez
Cabeza de Vaca, and made thei r way so uthw a rd to Mexico. Thi s
confro n tatio n wou ld prove to be t h e fir s t o f m any between t h e
American Indians and the Europeans.
While most of the Indian s thought of the land as something to be
u sed a nd e njoyed by a ll , th e imm igrant s trea ted the land as a n
eco no mic commodity. This view was to h ave a profound influe nce o n
the history of Texas. ".
-
--
, ....... /,
1
xii
Texas Land Commissio ners
The Republic of T exas John P. Borden
H. W. Ragl in
183 7- 1840 184°- 18 4 1
Thomas Wil liam Ward
1841 -1848
The State of Texas
George W. Smyth
Stephen Crosby
1848 - 18 5 1
1851-1858
Francis M. White
1858-1862
Stephen Crosby
1862- 1865
Francis M. White
1865-1 866
Stephen Crosby
1866- 1867
Joseph Spence
1867- 1870
Jacob Kuechler
18 7°- 1874
Johann J. Groos
1874-1 878
Will iam C. Walsh
1878- 1887
Richard M. Hall
1887- 189 1
W. L. McGaughey
George W. Finger
1891- 1895 1895- 1899 1899- 1899 Charles Rogan
1899- 1903 JohnJ . T errell
1903- 1909 190 9- 19 29 Andrew J. Baker
James T . Robison
James H. Walker '9 2 9- ' 937 1937- 1939 1939- 1955 William H. McDonald
Bascom G iles
J. Earl Rudder
1955- 195 8 195 8- 1961 Bi ll Alcorn
Jerry Sadler
Bob Armstrong
196 1- 197 1 197 1- 1983 Garry Mauro
1983-presenr xiii
4.,'
TEXAS
EMPRESARIO GRANTS
14
Nashvi lle Co. & Robertson's Grants April IS, 1825 & April 29, 1834 2. Green DeWitt's Grant ~ April IS, 1 825
1. ~
3. Austin's Second Grant ~~ June 4, 18 25
4. De Leon's Grants ~ April 13, 1824
& April 20, 1829
5. Milam's Grant ~ January 12, 1826
6. Arthur G. Wavell's Grant
M-
March 9,1826
7. Vehlein's First Grant ~ December 21,1826
8. Burnet's Grant ~ December 22,1826
9. Austin's "Little Colony" Grant
M-
November 20, 1827
10. Power & Hewetson's Grant ~ June 11, 1828
1I.
Austin's "Coast Colony" Grant
~
July 9, 1828
12. McMullen & McGloin 's Grant n.. August 17, 1828
13. Vehlein's Second Grant ~ November 17, 1828
14. Zavala's Grant n.. March 12, 1829
IS. Austin & Williams' Grant ~ February 25, 1831
xiv
•
Settlement of the
land in Texas
before I836
Three centuries of Hispanic influence have left their mark
on the State of Texas and its people. Beyond the obvious
cultural effects, there are the T exas land laws and
community property laws, as well as the state's offshore
ownership of three marine leagues (10.36 miles) into the
Gulf of Mexico. T he Spaniards brought ranching to the
region and introduced horses and cattle to Texas and the
Southwest . As Spain lost its grip on the New World between
1790 and. 1820, Texas lost its importance and was almost
forgotten by the Spaniards. As early as t 80 r American
traders were infiltrating East T exas and by 1834, Texas
boasted a population of 2 I ,~ith Anglos outnumbering
Mexicans by a fo ur-co-one margin. In addition, there were
approximately 15,000 Native Americans living in Texas.
T
exas had been a Spanish possession fo r more than 300 years when
Mexico won its independence from Spain in 1821. Yet aside from an
ill -fated expedition inw the area by Francisco Vasquez de Coronado
in 1540 and a period of miss ion building during the 17005, Texas attracted
little attention from the Court at Madrid. Alarmed by the establishment of a
French o utp ost in East Texas at Fort St. LOllis in 1687, Spain began to
strengthen its control over the territory.
1
/
"t'
The first Texas mission, San Francisco de los Tejas, was established 50
miles south of present-day Nacogdoches by Alonso de Le6n in 1690. Although
abandoned two years later, the venture heralded a l oo·year period of mission
and presidio (fort ) building by the Spanish in Texas.
In the 18th century Spain made fe w attemp ts to esmb lish permanent
civil ian seuiements. However, the Spanish government did issue a few land
grants to settlers, most near missions and presidios. Consequentl y, only three
main areas of Hispanic settlement actua ll y developed during this period:
Nacogdoches, Goliad and one near the headwaters of the San Antonio River.
Some settlement efforts
were made along the Rio Grande
in areas that were part of other
provinces. In the El Paso region,
lands just north of the river were
used for farming and ranching as
early as the mid·16oos. A century
later Jose de Escand6n led settlers
into the lower Rio Grande Valley,
resu hing in a large number of
ranches along the river and the
establ ishment of Laredo. By the
1830S th e area so uth of the
Nueces River was occupied by
li vestock operat ions, some of
which endure today.
Th e year 182 I marked a
new era in the set tlem ent of
MEXICAN PASSPORT CIRCA 1832.
Texas. One even t that was to
profound ly affect the course of
history was a contract by the Spanish government aUowing Moses Austin of
the United States to bring 300 Anglo families into the region to establish a
colony. During the year, Austin died and his son, Stephen F. Austin, took over
(he projec t. Austin made his headquarters at San Felipe in present·day A ustin
County. Later in 182] , Mexico won its independence from Spain and Aus tin
was forced to renegotiate the contract with the new Mexican government.
Austin persevered and the result ing co lony opened the way fo r extensive
Anglo settlement.
2
Fo llowing the establishment of Austin's First Colony other colonies
came as welL Between I824 and 1836, thirty~ five setdcm enr con tracts were
made between differen t individuals, known as empresarios, and the Mexican
government. Austin established five colonies du ring th is period, issuing I ,149
titles under contracts calling for the settlement of more than 2,000 fam ilies.
One of th e most aggressive land d ist ribu tion efforts was based on the
acquisition of fou r co ntracts by the Gal veston Bay and T exas Land Company
of New York. Included were Dav id O. Burnet's con t ract fo r 300 fa milies,
josep h Veh le in's two Co ntracts for 400 fam il ies and Lorenzo de Zava la's
contract fo r 5 00 fam ilies. Through th ese contracts the Galveston Bay and
Texas Land Company issued r ,073 titles.
Most empresarios attrac ted settlers from the Un ited States. However, the
concentration of these Ameri cans with their d ifferent ways and independent
attitudes concerned the Mexican authorities, so the Mexican government
made contracts calling for immigrants from other areas. A predominance of
the 16 1 titles issued under Martfn d e Leon's contracts were to Mexican
families. T he Power and Hewetson contract also called for roo Irish and 100
Mexican fam il ies.
Other emp resa ri o cont racts included S terlin g Robe rtso n 's fo r 800
families, Ben Milam's for 300 fa mi lies, G reen C. DeWitt's for 400 families, and
Jo hn McM ull en an d James McG loi n 's for 2 00 famil ies. All of th ese
empresarios succeeded in settl ing pa rt of the required famil ies, bu t mos t of the
wou ld~be empresarios failed to se nle anyone under their contract.
The Mexican Imperial Colonization Law of 1823 required all immigrants
to be Roman Catholic and provided a I77~acre tract, or "labor," to farming
immigrants; 4,428 acres, or a "league," to those rais ing cattle; and a labor and a
league to those doing both. For each 200 families settled, empresari os received
premium lands composed of three "hac iendas" ('5 leagues) and twO labors.
Subsequent colonization laws had similar provisions. The 1 825 State
Colonizat ion Law allocated heads of families one league of land and offe red
easy payment terms. Empresarios could receive five leagues of land for every
1 00 families settled and had six years to carry ou t the contract. The law also
allowed Mexican cit izens to purc hase up to 11 leag ues. In a ll , unde r t he
Mex ica n colonization laws, roughly 3,700 land grants to taling approximately
16 million acres were issued in Texas between 1824 and 1835.*
3
The case of Valentin Perez before states that such services commenced
on the 30th January 1837. And state
what you know about the
commencement of the service
aforesaid, and why you know it
commenced at the time you state, ))
the Court of Claims Manchaca'" "In Nove mber
1836 commenced the services of
Valentin Perez and Jose M. Seyes in
the Regular Army of Texas. On the
13th day of November r836 under
The following is a portion of the
the written orders of Col. Juan
deposition given by Captain Antonio
Seguin, I left Don Erasmo Seguin's
Manchaca in the case of Jose M.
Ranche on the San Antonio, and
Seyes . The Court of Claims was
proceeded to Dimitts Landi ng, with
investigating Se)'es' application JOT a
carts, and procured from J. Pinckney
bounty certificate ar the same time it
Caldwe ll, Governmental
was investigating the validity of a
Q uartermaster, provisions,
certificate held by the heirs of
ammunit ion, etc. for CoL Seguin's
Valentin Perez , The men served
Regimen t; I returned with them and
together under Manchaca, but there
arrived in camp at San Antoni o on
was a discrepancy in Perez's service
the 27th day of Novembe r A.D. 1836
dares.
when I found said Valentin Perez and
Jose M. Seyes enlisted and present
Court ~ "In your answers to
and serv ing as private soldiers in the
company commanded by Capt. Don
former interrogations propounded to
you in the case o f Valen tin Perez you
Manuel Flores (which company was
say that he proffered services in 1836,
organized in service), Col. Juan
183 7, & 1838, and that his services
Seguin's Regiment. Candelaris
commenced in November 1836. Will
Villanencua went with me on said
you please explain why it is that the
expedition, he was a Regular Soldier
certificate issued by James S. Gi llett
in my compan y at the time. For these
4
reasons I am certain about the month
of said orders sent Sergeant Valentin
and yea r; when I was on the Nav idad
Perez with fou r Other soldiers, one of
under command of General Feli x
whom Man uel Escalera was taken
from my com pany, (the other three I
Huston."
Court ~ "In your answer to the
do not recollec t [heir names at this
for mer interrogation m the claim of
momen t) upon sa id ex pedition, and
Valentin Perez you state he was
when they were upon said expedition
discharged in March 1838. Please
[hey were ove rpowered and made
state why he was not discharged in
prisoners by Mexican spies fro m the
December 1837 at the time the army
other side of the Rio Grande, and
was disbanded."
were taken and placed in prison in
Manchaca ~ "The main army
Matamoras, the Mexican authorities
of Texas was discharged in December
took said Valentin Perez and shot
183 7, but the soldiers of C ol. Seguin,
him he being a sergeant and
tha t is the Mexicans of Bexar, were
commander of [he squad of spies,
retained, by Col. Wills of Karnes in
Manuel Escalera made his escape
serv ice unt il March r838 when they
from prison, and came bac k here
[0
were discharged. Col. Kam es came
San Antonio in [839 and he is now
here about the fitst of the year r838
living at Vicmria, Texas with his
(I do not recollect the exact date)
sister Luiz Escalera who is the wife of
and superseded Col. Segu in (who
Fernando Del eon. Valentin Perez
were natives of Bexar) were well and
was a soldier of Texas when he was
familiarly acquainted with the whole
shot. He was one of the bes t spies
fro ntier, they we re re tained and acted
upon [he fron tier; hones t, brave and
as guides, spies, scouts, etc. until
true to the cause of Texas. Jose M.
March 1838.
Seyes remained in service as above
stated, until he was discharged in
"In December 1837 Col. j . N.
Seguin received orders from the
March 1838."'i'
commandi ng General of the T exas
-AntonIO Manchaca
A rm y to send out spies ro the arroyo
Sworn and Subscribed before me this
Colorado on the lower road to
22nd day
Ma tamoras, Col. Seguin in pursuance
Smith, Count)' Clerk , Bexar COliney
5
of August r859 . Samuel
,; --.- --p---.­
. .:
ENCINAL COUNTY MAP DATE UNKNOWN,
6
The Republic of Texas I836"I845 While Texas existed as an independent Republic for nearly
ten years , the fledgling nation encountered a host
of difficulties. They included Indian wars, poor relations
with Mexico, financial woes and political problems. Despite
all this, immigmnts yearning for their own land responded
to the generous land policies and flocked to the new Republic.
The Anglo population, estimated at 34,470 in 1836,
reached I02,961 by t847; the slave population,
estimated at 5 ,000 in 1836 , topped 38,750 and there
were 295 free Blacks. There were still very few Hispanics
in the Republic, reflecting the low esteem that the Spanish
and Mexican authorities had of Texas . During this period
of rapid growth the Republic doled out more than
50 million acres of its public domain. The land
commissioners who served the Republic of Texas were]ohn
Borden, H. W. Raglin and Thomas William Ward.
U
pon winning independence from Mexico in 1836, the Republic of
Texas faced the difficult task of administeting a very large atea of
land, some 25 I,579,800 acres, and determining who held legitimate
titles. The boundaries of the 'Republic were somewhat different than they ate
today. Texas claimed a large portion of present~day New Mexico and Texas'
7
.,;:r:~'r.t.~
Jr._!",_
WOO)!
THI)o.:8~•• u.~
northern boundary stretched as
far north as the current state of
Wyoming. Although the
Republic considered its south;
ern boundary to be the Rio
Grande, Mexico continued to
adm inister the land between
the Nueces River and the Rio
Grande. as well as land in the
EI Paso area, until the Treaty
of Guadalupe Hidalgo resolved
the issue in 1848,
The administration of
such a vast public domain
figured prom inently in the
T exas Constitution of r8}6. By
mak ing public land available
to citizens on very liberal
terms, a tradition in policy was
established that would prevail
18)6 lAND SCRIP SIGNED BY SAM HOUSTON,
throughout the 1800s. Citizens
PRESIDENT OF THE REPU BLIC OF TEXAS.
and immigrants could often
obtain land v irtually free. For
those res idents of Texas on March 2, 1836 who had nOt received land from
Mexico. fi rst-class head rights granted a league and a labor (4.605 acres) to
heads of families and one-third of a league (1.476 acres) to single men. Actual
res idency on the land was not required, and Native Americans and people of
African decent did not qualify, Numerous cons titutional amendments and
other laws continued to provide cheap land until the unappropriated public
domain was exhausted in 1898.
In add ition to first-class headrights. the Republic of Texas Congress
created several other types of land grants-both civilian and military. For
settlers arriving in Texas between March 3, 1836 and October I, 1837 ,
second-class headrights allowed J .280 acres to heads of families and 640 acres
to single men, For those arriving between October 2, 1837 and January],
1840. th ird-class headrights granted 640 acres to heads of families and }20
acres CO single men. Fourth;class headrights of {he same acreage were given to
se ulers arr iving between Januar y I , 1840 and January I , 18 42, With the
8
exception of first,class headrights, land grant recipients were required to live in
Texas for three years, perform the duties of citizenship and pay designated fees.
Also, fourth, class headrights stipulated that 10 acres must be cultivated.
To fulfill promises of land made to soldiers willing to fight for
independence, the Republic created military headrights as well as bounty and
donation grants. Military headrights were similar to civilian grants, except that
soldiers arriving without their families during one of the qualifying periods
were considered as heads of families if their families followed later. Bounty
grams corresponded to length of service during the war. Heirs of the soldiers
who had fallen at Goliad and the Alamo, as well as veterans of the Battle of
San Jacinto, received donation grants. In addition, permanently disabled
troops were each granted a league of land. Still another provision was
established in 1838 to reward soldiers serving along the Texas frontier with
land grants for I60,acre tracts.
The Republic of Texas Congress quickly established the Texas General
Land Office in 1836 to collect all records of Spanish and Mexican land titles,
provide maps and surveys and countersign patents (titles) to public lands.
President Sam Houston appointed John Borden, a 24-year-old surveyor
and a veteran of San Jacinto, as the Republic's first land commissioner. In
early r837 he began the arduous task of locating titles and organizing the land
office. His initial report to the Legislature on October 7, 1837 reflected the
confusion and challenges of the times:
" ... the papers belonging to DeLeon's Colony including the County of
Victoria have been destroyed by the enemy ...Those of the Powers) Colony
from the best information I can get are in his possession, but where he is at
this time is not certainly known ... The archives of McMullen)s Colony were
carried off by a Mr. Dougherty to Matamoras who said the Americans shall
never again have possession of them .... "
And a hastily written report dated April 10, 1838 conveys the further
frustration that Borden must have felt:
"The Surveyors have not been able to discharge their duties for want of
proper reference maps-the receivers or Presidents of the Boards have not
been able to collect the Gavt. dues on lands heretofore granted, because they
have not had lists by which to know what money was owing or by whom...
9
,
.-.~ -
.......
,,,.- ,'"
,
~"
REPUBLIC OF TEXAS MAP 1837·
10
The different Boards of Land Comrs. not having a general knowledge of the
colonization and other laws by which their actions were to be governed have
in many instances granted certificates to persons not entitled to them. Claims
are presented in so many different ways and so very complex in their nature,
that no two ordinary men arc capable of deciding justly upon them... Sections
of the Land Law being vague and difficult to be understood has already occa­
sioned irregularities in the operations of different surveyors .... ))
Commissioner Borden contended with a variety of problems
administering the public domain during those early days; boundary conflicts
over county lines, a lack of plats, missing reports from several counties
indicating land grants, fraudulent claims and even a botched printing job that
left the land office with useless forms. Many of these problems continue to
plague the public domain as it approaches the 21St century.
To administer Texas land grants, 38 land districts were set up to register
certificates and receive fees. Districts were based on original counties and each
had its own surveyor. Boards of land commissioners were created in each
county to consider headright claims, award certificates and receive fees.
Reports of certificates and notes of field surveys were filed at the General Land
Office, which then were checked for conflicts, drew county maps and awarded
patents.
The challenges of those early years were often compounded by counties
that failed to submit required reports and by surveys that were frequently
erroneous. Underpaid, surveyors for the Republic received $2 per mile of
survey as opposed to $4- $8 given their United States counterparts. Land
almost every
Commissioner Thomas W. Ward complained in 1844 that
map now in the General Land Office is grossly incorrect .... Jl
11 ...
Because fraud and deception were rampant, Borden sent agents to the
land districts to examine records in r839. They reported numerous instances
of fraudulent claims, illegal testimony and improper procedures. For instance,
agent Thomas Morewood wrote in his report on Goliad County:
".. .it can be proved that for example No. I I fought against our country
and joined Urrea-12 run away before the war, returned afterwards and now
living in Mexico [sicJ-no. 13, 14, 15 are not known at all in the CountY- 28
lives on the other side of the Rio Grande- 29 to 42 were nothing but horse
dealers from the other side of the Rio Grande .... "
II
To investiga te further, the Legislature established a Trave ling Board of
Land C ommissioners in 1840' Three commissioners were assigned county
records east of the Brazos River and three examined those to the west. The
res ult was the pu blication of a list of approved ce rtificates and onl y rhose
appearing on the list could be patented.
In 184 1 T exas was still sparsely settled. Large portions of the Republic
were dominated by Comanche and Apache Indians and the population was
concen trated in the eastern third of the Repu blic. Austin, the capital, was
located on the Colorado River at the edge of the frontie r. T o attrac t more
settlers, an empresari o system similar to Mexico's was adopted. From 1841 to
1844 the Republic made four colonization contracts for 4.494 ,806 acres, with
W . S. Pete rs and his associates entering into the first agreement.
In re rurn for attract ing setders and administering land gran ts, Texas
empresarios received 10 sections of land ( 10 square miles) for each 100 settlers
and up to one,half of the colonists' grants. The provisions and conditions of
colony grants were similar to fourth,class headrights. Heads of famili es were
given 640 acres and single men received 320 ac res. They were also required to
build a house and cultivate 15 acres.
Other colonies estab lished by empresario agreements were th e Mercer
Colony, the Castro Colony and the Fisher and Miller Colony. Adjacent to
Peters' Colony, Mercer's Colon y was subject to litigation until J883 when the
U.S. Supreme Cou rt ruled against Mercer's T exas Association. Henri Castro
brought French imm igrants to settle west of San Antonio where he founded
the town of Castroville in prese nt,day Med ina County . Henry Fisher's and
Burchard Miller's Colony was origin all y intended to bring 600 Ge rman
families to the Ed wards Plateau area, a region where the Comanches ranged.
Fisher and Miller sold th eir interest in the colony in 1845 to the Society for
the Protection of German Immigrants (Adelsverein) , which actually carried
out [he settlement of the area and was instrumental in fo undi ng the towns of
New Braunfels and Fredricksburg.
Lacking reli able sources of capital, the fledgling Republic turn ed to its
public lands to help finance its operations. The provisional government used
loans backed by land to fund the Texas War for Indepe ndence and purchase
needed supplies such as guns and ammunition. One of the larger loans was for
$200,000 that was contracted for in New Orleans on April I, 1836. It was
repaid two years late r with land scrip authorized by the Legislature and issued
IZ
LAND DISTRICTS IN
TEXAS 2
7
6
5
3, 4
.8 9
. 12
10
13 14
" I I "
34
·. 18
'J 16 , 17
15
35, • 2~r
20
_'
19 • 24
30
Fannm
D .
Shelby
",
Colorado
Lamar
(Paschal)
' J.
.,
San Augustine
'5·
Fort Bend
Sabme
,6
,. Bowie
Red River
'5
Wa.;hmgton
'7·
Bramna
Galveston
(Brazos)
,8
Ooltad
5
6
Mdam
.6.
Robemon
q.
'9·
JO.
V1Ctona
Jackson
7
Nacogdoches
.8
Montgomery
Liberty
Jasper
JL
Matagorda
Gunzales
p . Refugio
Fayette
Austill
J3
J4
35
,.
J.
8, Rusk
Hamson
'9
'0.
(Panola)
"
"'3·
"
.0
TravIS
H
Houston
Hams
Jefferson
, 28 29
32
22
25
23
27
26
31
33
San PatricIO
Bexar
Bastrop
by the president of the Republic, Other efforts to reduce the Republic's huge
debt included legislation in 1841 that authorized the issuance of land scrip to
((any holder of promissory notes) bonds, funded debt, or any liquidated claims
against the government.))
Land scrip was also issued to raise much needed cash. In December 1836
Thomas Toby, acting as an agen t for the Texas government, sold 500,000 acres
ofland scrip in New Orleans fo r 50 centS an acre. Unfortunately, selling public
lands for cash never achieved the desired results of eliminating the Texas debt.
It wasn't until the Compromise of I8S0 with the United States that Texas'
finances were put in order.
*
'3
The Archives War Land Commission er Ward felt it
necessary
[0
order the suspension of
all General Land Office business unt il
the enemy was expelled from the
area. At the same t ime, President
Houston ordered the arch ives taken
out of A ustin declaring, "the
destructi on of the nat ional archi ves
would en tail immed iate injury upon
T
he so-called Arch ives War was
the who le people of T exas."
"fough t" while Thomas Ward
was the land commissioner of the
The archives were very im por­
tan t to the young n at ion. In add ition
Republic ofTex~s. Former Pres iden t
to the Republic's land records, the
Sam Houston had always opposed
arc hi ves included records from the
mov ing the government from
Spanish and Mexica n eras. The
Houston to Austin, as he th ought
archiv es also incl uded congressional
tha t Aust in was on th e frontier and
papers, various treaties th e Rep ublic
open
had entered im o and the records of
[0
hostile Ind ian attacks.
H oweve r, over Houston 's
objections, A ustin became the capital
the convention wh en T exas declared
independence from Mex ico.
of Texas in 1839. When Hous ton was
The Texas Congress had moved
aga in elected president in 184 J , he
to W ash ing[Qn-on-the- Brazos on
made several fut ile attempts to have
December 5, 1842 and President
th e governm en t re turned to Houston ,
H ouston ordered George W.
his namesake city.
Hockley, the Secreta ry of War, to
W h en Mex ican forces invaded
move the arch ives shortly thereafter.
T exas twice in early 1842, they
The people of A ustin were ou traged
captured San A ntonio both times.
and feared that once the archives
These events caused a great deal of
were taken out of th e city, they
conce rn for the capi tal city's secu rity
would never be returned . O n
because A ustin is only 80 miles to the
December
north. The alarm was so grea t th at
Hockley sent a company of Texas
'4 20 , 184 2
Secretary
•
Rangers to Austin to secretly remove
with grape was discharged at my
the archives from the General Land
residence. After I heard the cry of
Office. During the night, the
'blow the old house to pieces,' eight
Rangers, unde r the direction o f
shots perforated the building." The
Captain Thomas l. Smith and Eli
Rangers quick ly drove the wagons Ollt
Chandler, loaded the archives into
o f town wi th a group of Austin vigi~
wagons. A ngelina Eberl y, an ea rly
lantes in pursui t. In te rcepti ng the
Texas pioneer and the owner of a
three~ wagon carava n
nearby boarding house, no ticed th e
of town, the Aust ini tcs returned the
18 miles o utside
activity and hurried outs id e to alert
disputed documents to the capital
the citizens of Austin. She loaded
city where they remained under guard
and shot a nearby cannon that had
until the Mexican Army withdrew
been kept in the area for ceremonial
and the Texas gove rnment reseated
purposes.
itse lf.~
Hea ring the cannon local resi~
dents swarmed im o the stree ts. Ward
The archwts, some of which dace bock
later wrote that Hmuc h excite ment
to the I 70os, are
preva iled here. A howitzer loaded
General Land Office.
IS housed at {he Texas
-----------------------=~~~~~---------11
/...,)
, I
I
TEXAS
IN
1836
<"",,-<0
'
-
.
"-o-e>
,.'::-;~--;.~.'=--
I
I
MMAA'P Of
;--=:..­
p£-~
-,
MAP OF
T EXAS IN 1836.
r6
•
The middle years I846"I875 The middle years of the 19th century were years of great
turmoil in Texas. It became a state in Z845, seceded from
the Union in 1861 and endured Reconstruction from 1866
w 1876. Between 1846 and 1875 Texans wok part in the
United States' war with Mexico, debated with me federal
government over boundaries and paid off the Republic's
public debt. It also established Q new state government , built
roads and public buildings, and opened the way westward.
The population continued to grow rapidly and by 1860 it
reached 6°4 ,2 t5-three-fourths of whom were born outside
of the state. After Abraham Lincoln's election in 1860 , the
Civil War broke out and Texas joined the Confederacy.
These were wugh years for T exas and Texans as thousands
served in [he annies and those who stayed at home endured
genuine hardships. Seven men served as land commissioner
during the middle years. They were Thomas William Ward ,
George W. Smy th, Stephen Crosby , Francis Whice, Joseph
Spence, Jacob Kuechler and Johann Groos.
D
uring negotiations with the U.S. Congress over s[a[ehood, the Republic
of Texas lnltlally offered its 175 mlllion acres of the remaining public
domain in return for federal ass umption of the Republic's $10 million
debt. But those in the U.s. Congress opposing statehood felt Texas' lands were
I
not worth the debt and refused to make the trade. On December 29, r845 Texas
entered the Union with both its debt and its public lands, making it the only state
ever to do so.
However, the land between the Nueces River and the Rio Grande remained
a disputed territory until after the Mexican War. In r848 the T teaty of Guadalupe
Hidalgo established the Rio Grande as the southern boundary of the state. In addi­
tion to clarifying boundaries, the treaty also recognized the validity of land grants
issued by the Spanish and Mexican governments.
The Compromise of r850 not only settled the dispute over Texas' bound~
aries (and thereby fixed the state's present-day borders), but it also solved many
of the state's financial problems. Previously Texas had claimed its western border
fo llowed the course of the
Rio Grande ftom the Gulf of
Mexico to its source and
then northward to the 42nd
patallel. The tegion ceded
under the agreement includ­
ed parts of the curn:nt states
of New Mexico, Kansas,
Oklahoma, Colorado and
Wyoming. The agreement
provided
Texas
with
$r5,496,477.77 for the sale
of 78,892,800 acres. Because
Texas retained control of its
public domain, the Lone
Star State remained fully in
the business of distributing
its public lands.
In the years immedi­
ately following statehood, a
form of homestead grant was
developed, land scrip was
used to promote a variety of
internal improvements and
the Court of Claims was
SURVEYOR'S EARLY FIELD NOTES 1874.
18 created. The selection of
land commiss ion er
became subject to
statewide election
rather than appoInt­
ment
and
the
General Land Office
moved into a new
bullding.
T o encourage
continued
settle­
ment, the state
' ..
offered a homestead
grant ca lled a pre­
-------"
emption grant to
set tlers. Recipients
THE GENERAL LAND OFFICE B U ILDING CIRCA 1865.
were required to live
on rhe land for ar
least
three
years,
improve the land and present affidavits upon applying for title attesting the
conditions had been mCL
Pre·empt ion grants can genera lly be div ided into those made before and
after the C ivil War. The first pre-emption act was passed in 1845 and allowed for
320 acres. In 1854 the grant was reduced to 160 acres and two years later the pro­
gram was repealed. After the Civil Wa r, acts in 1866 and 1870 re·aU[horized the
pre-emption grants and the state Constitution of 1876 continued the practice.
Some 4,847,136 acres had been distributed through pre-emption grants by 1898
when the last of the unappropriated lands in the public domain were expended.
The Texas Legislature attempted to make the state more attractive to set~
tIers by authorizing the issue of land scrip to companies for economic improve~
mems. Railroads and navigatio nal canals were built, exis ting waterways were
improved, irrigation cana ls were dug, steamboats were built and manufac[Uring
plants were established.
This use o f public lands had fa r-reaching consequences for the public
schoo ls of Texas. One of the legis lati ve mandates required land scrip rec ipients
to survey an equal amount of land that became reserved, or appropriated, to the
state. These appropriated lands became the foundation of the public school lands.
19
~
6enelalland Offi ce,
.­
I~ -
J87 2 LAN D SCRIP.
The fi rst dedicated revenue for what would later become the Permanent
School Fund was created by the Constitution of 1845 . Prior to rhat the Republic
of T exas Congress had set as ide three leagues of land for each coun ty for public
schools in 1839 and an additional league in 1840. However th e state did not
begin issuing certificates for these lands until 1846. Beginning in 1852 land was
set aside for the state in amounts equal to those granted for internal improve~
ments. Subsequent laws stipulated that proceeds from the sale of these lands
lVould be dedicated to the Permanent School Fund, which is sti ll important to
T exas educa tion mday.
In 1873 lawmakers added one-half of all remaining public lands to the
school fund 's holdings. The nex t year, the Legislature authorized the first sale of
public school lands. charging purchasers 10 perce nt interest and allowing up to
10
years fo r repa yme nt.
20
;
t4
,
.
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,.or '. ",...J. r .... .-!t('~ ~-'? I'+
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"14' QiC •..,... ..to -uf#,. d. 1/..1.
f~
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uarm',
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<tJ,.... /1, ;'
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.-01,( .to? ';~
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1878 LA ND SCR IP ISSUE D FO R BU ILDI NG A. M ANUFACTU R IN G PLANT.
When the Texas Adju tant General's office burned in 1855, mosl military
records were destroyed. To continue issui ng bounty and donation certificates to
Texas veterans, the Legislature created the Court of C laims in 1856. Consisting
of a Commissioner of Claims and a staff of clerks) the Court examined previously
issued land ce rt ific ates for legi tim acy a nd issued origi nal, duplica te an d
unlocated balance ce rt ifica tes. Al mos t all previously issued ce rtificates were
subject to review. Exceptions were allowed for first ~ and second -class headrigh ts
approved by the T raveling Board of Land Commissioners in 1840, grams issued
by special acts of the Legis lature, those of th e various Repu blic emp resario
colonies and grants issued for internal improvements. When its legislative
authority expired in 1861, the Cout! of Claims disbanded.
*
2I
Veteran's
donation
grants
In
1879
Ihe
Legislature provided
64o-acre land granes Anyhow about 40 of us got there in
to aid financially troubled veterans
of a schooner commanded by Capt.
!he Texas War fIYr Independence
Hitchcock abou t or near the same
and signers of the Texas
time but litde after we were sent
Declaration of Independence.
from New O rleans by an agent-or
Required to substantiate their
maybe an ac ting officer for sending
need (and occasionally, proof of
recruits to Texas-and the bills was
service), a number of colorful
posted about New O rleans with
narratives from applicants are on
glow ing account and prospects of the
file in the Texas General Land
country that fired the minds of a
Office archives. B. F. Hughes, a
good many youngstets and I like
surtJiVOT
wrOte
0/ [he
with the rest left a good ship to
Bauie of Goliad
this letter ro Messers
come. We were at first destined for
Stewert & Halricht, from
this place Galveston but Capt.
Ga/veswn on May 5, ) 88 I .
Hitchcock got scared as we hove in
sight of another vessel that he feared
I
came to Brazos I thought about
was a Mex ican war vessel and he put
the last of November 1835 but
up the helm and kept off and I
Tom Smith says the companies from
believe the other vessel was
Georgia got there in December.
suspicious as she also kept off-bur
zz
anyhow when nigh t we came up to
turned loose & got up to Matagorda
the wind and kept on in close until
from there I got to Gal veston &
morning and then we saw no more
shi pped in the war schooner
of her and Capr. Hitchcock
Invincible & went to New York &
concluded to put into the Brazos.
re turned after capturing a coup le of
vessels & knocking down the little
[H)erc a short distance from
where we landed we found what was
town of Seasal on the coast.
called the Georgia Batalion
O ne of the vesse ls we gor, the
commanded by Fannin & Ward &
El za Rural, had to be given up as I
we were distributed to different
believe she was under charter to an
companies & first give n to Capt.
English subjec t or somehow that way
Ticknor & it was found I was
I can't now recollect anyhow we
to lerably handy with a pen which
came on to Galveston & was
was when I was young-morc so
fo llowed by two brigs of war and as
than now-& C apt. Horton after a
we could not ge t in over th e bar they
while said he needed someone to
attacked us & crowded us in & we
take charge of his papers & do his
got aground & sunk-this was in the
writing as his official duties
late r part of August 1837 & we were
otherwise made it inconvenient for
discharged soon after Lieutenant J.
him to so himself-& beside the old
G. Hund now residing here came ou t
man was rather a poor penman
in a small boat to help us land after
anyhow as I suppose plenty now
the fight & our vessel sunk.
Write to him here & he will
living knows as he li ved many years
after. Anyhow wi th him [ ended my
vouch for my service in the
army service at Goliad as I was taken
Invincible when he was Lieutenant
from the ranks a few minutes before
in the [illegible) & old John
they were killed by the request of a
Leibenhung in Lake Charles
lady to Col. Holgrugen.
Louisiana was with us & sent to help
I wrote two or three copies of
bring one of the vessels home that
the capitulation as dictated to me in
we captured. I don't know though
english--{)ne for Dr. Shackleford.
that he is now li ving. He was in
was taken to Matamoras & there
1876." 'i'
23
RANDALL COUNTY MAP 1 89 2,
The end of the
unappropriated domain
I876"'I900
After suffering mrough Reconstruction and the Panic of
1873, Texas enjoyed a time of temporary prosperity in the
early t 880s. Railroads were built and agriculture was
expanded. While industrial development made great strides,
ir in no way rivaled agriculture in the Texas economy.
Cotton was king and corn was the leading grain crop.
Galveswn and San Antonio were important trading cencers,
as were El Paso and lAredo on the international front. Like
the Test of the nation, Texas was in a state of economic
transition during me last quarter of <he 19th century . The
population more than tripled to nearly 2.5 million, with 80
percent of the people living in rural areos. Johann Groos,
William Walsh , Richard Hall , W. L. McGaughey, Andrew
Baker, George Finger and Charles Rogan were Texas land
commissioners during this period.
P
ederall Y imposed Reconstruction ended in Texas in 1876 and the state
rat ified its sixth constitution, which is still in effect today. With its new
constitut ion, Texas entered the final phase in the distribution of unap~
propriated public land. During the last 25 years of the 19th century, railroad
grants, pre-emption land grants, lands used to pay for the building of the
Capitol and some fina l military land grants exhausted the unappropriated pub­
lic domain . Dur ing thi s period the sa le and lease of appropriated lands (un iver,
siry, asylum and public school lands) became increasingly important.
The most im portanr type of land grant of the period both in size and
impact was for railroads. The Constitution of r876 provided railroads with 16
scctions of land for each mile of track completed. By 1882 many thousands of
acres worth of land scrip had been issued for railroad COlls[[ucrion. In 1880
the re were 3,244 miles of track in the state; by 1890, 8,700 and by ]90 0,
10,000 miles of track stretched across Texas.
However,
by 188 I rail road land grant commitments exceeded land avail­
able for that purpose by 8 million acres. Thus, the rai lroad land grant legisla­
tion was rescinded in 1882. The T exas and Pacific Railroad received o ne of
A
CROWD GATHERS DURING A MONUMENT DEDICATION AT T HE TEX AS C APITOL I N I 8 96.