The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-10-09
AS. TEXAS.
SATURDAY MORNING ::: OCT.
LAND CERTIFICATES.

doubted the validity Of that clause OF
the present Constitution, which rem
dered void these certificates. 1t was
impairing the obligations of contracts
and interfering with vested rights.
The certificates in question were just
claims against the Government, and
when issued there was no provision
limiting the time when they might be
located. IL was contract between
the Government and the recipient Of
the certificates, which might at any
time be performed; or rather, 1t was
an obligation on the part Of the State
to convey 80 much land, in considera-
ton Of services already rendered to the
State or benefits acknowledged to have
been conferred. Many Of these certifi-
Gates were headlights which had been
issued to bona fde settlers in early
times, but which, for unforeseen obsta-
cles, had never been located. Some of
them were railroad certificates which
had been issued under laws grant
ing lands to aid in tie construction OF
such works. The roads were built
under the law in good faith the GER
titicates were issued and passed in like
good faith into the hands, In most In.
tances of third parties, and by reason
of like Obstacles failed to be located.
1t was IL high obligation which the
State assumed to grant the lands, and
whatever sovereign right it may be
claimed that the State had to nullify
the obligation, 1t certainly cannot be
said that there was any moral right in
it. Thousands Of those acres fell into
the hands Of infants, married women
and widows, and we conceive that IL
was an act of gross injustice on the
part of that Convention to say, in the
organic law of 1860, that the State
would ignore the claims of such and
all other persons hol ding certificates,
and, by u single clause, In the Consti-
tuition repudiate the obligation. With
as much justice and propriety could
the same Convention have repudiated
money debt due from the State to
her citizens. The fact that the obliga-
tion was contracted by the Govern
ment to be discharged in land, gave
the government no more legal or NOR
al right to say it should not be paid,
than if the obligation had been made
to be paid in cash.
We know OF instances where
every effort was made that possibly
could be made to have the certificates
perfected into patents, within the time
prescribed by the Constitution but
without success. The original certif-
Gates, In some cases, were lost, and UNI
der existing laws much time was nec-
essarily consumed In procuring dupli-
Gates from the Land Office. and by the
time such duplicates We're obtained, 1t
was too late to have them located be-
fore the day of perfection arrived. In
other instances innocent holders, look
ing at the face of their certificates, and
seeing no limitation as to time of loca-
ton, rested perfectly easy in the good
faith of the State, knew nothing of the
provision in the Constitution requiring
them to locate In q certain time, and
so they, too, trusting too much to the
Government, which is not In the habit
ofgiving great deal Of publicity to It's
laws, lost their right and were deprived
of a valuable property. Millions of
acres of land still belong to the State,
and there is no just reason why the
holders are to be forever deprived of
their rights.
We are glad that General OAR
nell has introduced his resolution into
the Convention to restore these rights
aud reinstate these certificates to the
position they occupied before the Con-
vention of 100 struck them down, and
we sincerely trust the present Conven-
ton, looking at the question in at least
higher moral aspect, will say to the
holders OF certificates that the State is
still willing to perform Its obligations,
and that, however long the day of pay.
ment has been deferred, the time has
come again when they shall be paid,
the lands faithfully promised shall be
conveyed, and the obligation of the
State to the citizen discharged.
This is the just view of the subject
10 our mind, and the Convention
should not hesitate to adopt 1t.
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BY the Thursday nights mail,