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THE EARLIER
SETTLERS
(Transcribed by Dorman Holub)
INDUCEMENTS OFFERED BY ACT OF
LEGISLATURE --- CONTRACTS FOR PETERS' COLONY.
On the 4th day
of February, 1841, the Texan Congress passed an act to attract
attention, and be an inducement to emigrants to come and populate
this then uncivilized country.
We give the act in fall to show the eagerness
and liberality shown to get the interest of emigrants:
AN ACT GRANTING LAND TO IMMIGRANTS,
PASSED 1841.
"Be it enacted,
etc., That every head of a family who has emigrated to this republic
since the first of January, one thousand eight hundred and forty,
or who may emigrate before the first of January, one thousand
eight hundred and forty-two, with his family, and who is a free
white person, shall be entitled to six hundred and forty acres
of land; provided, he settle and actually reside on the same
for the term of three years, and cultivate an amount of the same
not less than ten acres-, and further, provided, he shall have
his land surveyed and plainly marked, so as to include his improvements.
SEC. 2-That each single man over the age of
seventeen, who has or may emigrate as provided in the first section
of this act, shall be entitled to three hundred and twenty acres
of land, upon the same conditions and restrictions as the heads
of families.
SEC. 3-That in no instance shall a patent be
issued under the provisions of this act unless the party produce
the official certificate of the chief justice of the city where
he may reside, that he, the said applicant, have proven by two
respectable and creditable witnesses, that he has resided on
the land for which he wishes to receive a patent, and that he
has cultivated the quantum of land required by this act for the
term of three years, and that he, has done and performed all
the duties required of other citizens; and that he has taken
the oath of allegiance to this republic, provided always, the
applicant shall be required to make oath or affirmation that
he has complied with the requisitions of this act; which oath
or affirmation shall be properly authenticated.
SEC. 4-That the president of the republic be
and he is hereby authorized to make a contract with W. S. Peters,
Daniel S. Carroll, Alexander McRed, Rowland Gibson, Robert Espie,
William H. Oldmixon, Daniel Spillman, Robert Hume, John Salmon,
W. C. Bansamen, John Peters, William Scott, Phineas J. Johnson,
H. S. Peters, Timothy Cray, and Samuel Browning collectively,
for the purpose of colonizing and settling a portion of the vacant
and unappropriated lands of the republic, on the following conditions,
to-wit: The said contractors, on their part, agree to introduce
a number of families to be specified in the contract, within
three years from the date of the contract, provided, however,
they shall commence the settlement within one year from the date
of said contract.
SEC. 5-That the said contract shall be drawn
up by the Secretary of State, setting forth such regulations
and stipulations as shall not be contrary to the general principles
of this law and the constitution, which contract shall be signed
by the President and tile party or parties, and attested by the
Secretary of State, who will also preserve a copy in his department.
SEC. 6-That the President shall designate certain
boundaries to be above the limits of the present settlements,
within which the emigrants under the said contract must reside;
provided, however, that all legal grants and surveys that may
have been located within the boundaries so designated previously
to the date of said contract shall be respected; and any locations
or surveys made by the contractors or their emigrants on such
grants and surveys, shall be null and void.
SEC. 7-That not more than one section of six
hundred and forty acres of land, to be located in a square, shall
be given to any family comprehended in said contract nor more
than three hundred and twenty acres to a single man over the
age of seventeen years.
SEC. 8-That no individual contract made between
any contractor and the families or single persons which he may
introduce, for a portion of the land to which respectively they
may be entitled by way of recompense for passage, expense of
transportation, removal or otherwise, shall be binding if such
contract embrace more than one-half of the land, which he, she
or they, may be entitled to under this law; nor shall any contract
act as a lieu on any larger portion of such land; nor shall any
emigrant be entitled to any land, or receive a title for such
land until such person or persons shall have built a good and
conformable cabin upon it, and shall keep in cultivation and
under good fence at least fifteen acres on the tract which he
may have received.
SEC. 9.-That all the expenses attending the
selection of the land, surveying title and other fees, shall
be paid by the contractor to the persons respectively authorized
to receive them; provided, however, that this provision shall
not release the colonist from the obligation of remunerating
the contractor in the amount of all such fees, so soon as it
can be done without a sale of their land; and further, the President
may donate to every settlement of one hundred families made under
the provisions of this act one section of six hundred and forty
acres of land to aid and assist the settlement in the erection
of a building for religious public worship.
SEC. 10-That the president may allow the contractors
a compensation for their services, and in recompense of their
labor and expense attendant on the introduction and settlement
of the families introduced by him, ten sections for every hundred
families, and in the same ratio of half sections for every hundred
Single men introduced and settled; it being understood that no
fractional number less than one hundred will be allowed any premium.
SEC. 11.-That the premium lands must be selected
from the vacant lands within the territorial limits defined in
the contract; and further, all fees incidental to the issue of
patents for lands acquired under the provisions of this law shall
be paid to the commissioner of the general land office, for the
use and benefit of the public treasury.
SEC. 12.-That a failure on the part of the
contractors and a forfeiture of their contract, shall not be
prejudicial to the rights of such families and single persons
as they may introduce, who shall be entitled to their respective
quotas of land agreeable to the provision of this law.
SEC. 13-That the contractors shall be required
to have one-third of the whole number of the families and single
persons for which they contract, within the limits of the Republic
before the expiration of one year from the date of the contract,
under the penalty of a forfeiture of the same; and it shall be
the duty of the Secretary of State, forthwith, after the expiration
of such term and failure on the part of the contractors to comply
with the provision, to publish and declare said forfeiture, unless
the President, for good, sufficient reasons, shall extend the
term six months, which he can do; and all substitutions of families
living within the limits of the Republic by the contractors shall
not entitle them to any premiums for such families, nor shall
it operate in favor of them for the number of families which
they are bound to introduce; and this act shall take effect from
and after its passage."
Advertisement of this act was extensively made
in all the other States, and thereby much attention was attracted
to Texas. But few, however, had the courage to come and remain
as settlers.
Under this act a contract was made between
Sam Houston, then President of Texas, and Samuel Browning, attorney
for a company composed of Joseph Carroll, Henry Peters, et at
, on the 30th day of August, 1841, in which it was agreed that
a colony, to be called Peters' Colony, should locate in the northern
portion of the State. It covered a large sec-tion of territory,
reaching from the southern border of the Red river to a line
so far south as to include a large portion of what is now Ellis
county. - The east border of this colony survey took its beginning
at the mouth of Big Mineral creek on Red river, and coming south
it cut into the territory now occupied by Dallas county, about
ten miles east of the city of Dallas. Accordingly the section
of territory now known as Dallas county was included entirely
in this colony, with the exception of a small strip on the east
about three miles in width.
There were many disputes, resulting almost
in serious difficulties, between some of the settlers and the
colonists as to the rights of the settlers in this colony, and
especially the amount of land each family should have allotted
to it; also the amount each single man should be allowed. Finally,
the laws of the State stepped in and put a quietus to this wrangle
by setting aside for each family what was then and is now called
a section, comprising 640 acres, and to a single man a half section,
being of course 320 acres.
The headquarters of the originators of this
colony were located at Louisville, Kentucky, and the advertisement
of the many advantages of this colony in the way of rich lands,
delightful climate, etc., caught the attention of many, especially
in Kentucky; and that brave, noble and true-hearted Kentuckian,
John Neely Bryan, made tip his mind to brave the dangers and
endure the hardships of this wild country. So be came and located
near Dallas, in 1841, and is known as the first settler of Dallas
county. Others came from his State and from Illinois, Missouri
and Tennessee, and most of them settled in this section, comprising
Dallas county, at least it received a liberal proportion of the
immigrants. Up to 1846, all of Dallas county east of the Trinity
river, belonged to Nacogdoches county, and all of Dallas west
of the Trinity river belonged to what was then known as Robertson
county. So for four years there earlier settlers were compelled
in attending their courts to go the distance of about two hundred
miles to Nacogdoches, then the county seat, and the settlers
across the Trinity, almost in hollering distance, yet the citizens
residing in that section of country now occupied by the beautiful
suburban little city, Oak Cliff, had then to go to the rather
important and proud village of the frontier, old Franklin, about
one hundred and fifty miles from Houston. Frequently these pioneers
had to go to their courts to serve as jurors by processes of
court or to transact legal business. What more striking example
of fortitude, sacrifice and devotion could be found showing a
determination to build up and acquire homes for themselves than
was exhibited by these faithful and patient pioneers! Thus, the
real settlement of Dallas county began with these pioneers about
1842.
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