Causici v. La Coste

• Decision Date: 01 January 1857
• Citation: 20 Tex. 269
• Parties: ANGELO CAUSICI v. J. B. LA COSTE AND ANOTHER.
• Court: Texas Supreme Court

20 Tex. 269

ANGELO CAUSICI

v.J. B. LA COSTE AND ANOTHER.

Supreme Court of Texas.

1857.

Castro's colonists, who were received by him under contracts by which they undertook to convey to him one-half of the land which they should receive as colonists, were not estopped (whether in view of the provision in the ordinance or on general principles was not stated) by the act of January 22d, 1850, to perfect the land titles in Castro's colony (Hart. Dig. p. 699); and the proof being that Castro had forfeited his contract with the government, and that the colonists had failed so far to conform to the requirements of the law of colonization as to become entitled to land under it, said contracts between Castro and his colonists became inoperative and void, and could not attach to the rights acquired under said act of 1850; which, in view of the proof made, must be deemed to be pure donations. (The act of 1850 conceded to Castro and his colonists, the lands which they would have become entitled to, and in the same terms as, if the law of colonization had been complied with.)

If a legislative grant is not made in discharge of some obligation of the government, which the law recognizes, it cannot be deemed, in a legal sense, anything but an act of sovereign grace and bounty on the part of the political authority, it matters not how meritorious the considerations are upon which such donation is made.

Appeal from Bexar. Tried below before the Hon. Thomas J. Devine.

On the 15th of February, 1842, the following contract, commonly known as Castro's, was made with the president of the republic of Texas: Whereas by the fourth section of an act of congress passed the fourth day of January, A. D. 1841, entitled “An act granting land to emigrants,” the president of the republic of Texas is authorized to contract with certain persons therein named, for the purpose of colonizing and settling a portion of the vacant and unappropriated lands of the republic, and whereas by another act of congress passed the fifth day of February, A. D. 1842, entitled “An act amendatory of an act of granting land to emigrants,” approved January 4th, 1841, the provisions of the act first above cited, so far as relates to the authority thereby given to the president to enter into a contract with W. S. Peters and others (named in said act), to introduce colonists upon certain terms therein expressed and set forth, are extended to such other company or companies as may be formed and organized for like purposes, as the president may in his judgment approve. Now, therefore, this contract and agreement made this fifteenth day of February, A. D. 1842, at the city of Austin, between Sam. Houston, president of the republic of Texas, on the part of said republic of the first part, and Henri Castro and John Jassaud and their associates of the second part, witnesseth, that for and in consideration of the grant and privileges, rights and immunities hereinafter mentioned, the said party of the second part contract and agree to introduce or cause to be introduced a colony of six hundred families or single men over the age of seventeen years, within three years from the date of this contract, and have the same settled within the limits of the tracts of land hereinafter specified and set apart for said party of the second part, all of which said families or single men are to be free white inhabitants of a foreign country, and to reside within said limits.

In consideration whereof, the said party of the first part hereby designates, assigns and sets apart for the said parties of the second party, and for the settlement of said colony, the three following described tracts of land, that is to say: Tract No. one, commencing at the Laredo crossing on the left bank of the Rio Frio; thence along the Laredo road to the dividing ridge of the Rio Frio and Medina waters to a point equi-distant from these two rivers; thence with that range as nearly equi-distant as practicable, as above, to a point twenty miles north of the Upper Presidio Rio Grande road; thence in a direct line to the point of confluence of the Arroya de Uvalde with the Rio Frio; thence down the left bank of the main branch of the Rio Frio to the point of commencement.

Tract No. 2, consisting of one-fourth part of a tract twenty miles in breadth on the east bank of the Rio Grande, commencing on the Rio Grande five miles below the crossing of the road from the salt lakes of San Patricio county to Camargo, and stretching upwards along the left of the Rio Grande to a point ten miles above the Dolores ferry, which tract is to be divided into four equal parts, each fronting on the Rio Grande, which are to be numbered “one,” “two,” ““three” and “four,” the numbers commencing at the lowest point on the Rio Grande. The portion now set apart and designated as tract No. two to Henri Castro and John Jassaud and their associates, is the part No. one of the above division. Tract No. three now set apart to Henri Castro, John Jassaud and their associates is part No. three of said division.

And the said party of the first part further contracts and agrees in behalf of the government of Texas, to give and to grant to each family so introduced by the said parties of the second part, who shall reside within the said described limits, six hundred and forty acres of land, to be located in a square as nearly as possible within said limits, and to each single man over the age of seventeen years so introduced three hundred and twenty acres of land; each of which said grantees shall be entitled to receive from the government of Texas a full and absolute title to the same whensoever they shall have built a good and comfortable cabin upon it, and shall keep in cultivation and under good fence at least fifteen acres on the tract for which they are to receive title.

And the said party of the first part further contracts and agrees to allow the said party of the second part, as a compensation for their services and in recompense of their labor and expense attendant on the introduction and settlement of the families introduced by them, a premium of ten sections of land for every hundred families, and in the same ratio of half sections for every hundred single men so introduced and settled, but no fractional number less than one hundred will be allowed any premium, which said premium lands must be selected from the vacant land within the limits of the tract of land above designated and set apart for the settlement of the said colonists.

And the said party of the first part further contracts and agrees in behalf of the government of Texas, to give and grant to each settlement of one hundred families, made under the provisions of the before recited acts, in conformity with the conditions of this contract, one section of six hundred and forty acres of land, each of which said sections shall be located as near the centre of the settlement receiving the same as may be practicable, and shall be used by said settlement to aid and assist them in the erection of buildings for religious public worship, and it is mutually agreed by the parties to this contract, that all legal locations that may have already been made within the boundaries so designated, or that may hereafter be made and surveyed previous to the fifteenth day of April next, shall be respected, and any locations or surveys made by the said party of the second part or their emigrants on such locations shall be null and void.

And it is further agreed between the parties of this contract, that all lands lying within limits of the tracts which have been designated and set apart for the said party of the second part, which shall not be appropriated according to the terms of this contract to the emigrants, or for premium or church lands, shall, after an expiration of two years, revert and remain the sole property of the government of Texas as a part of the public domain. And it is further agreed between the parties to this contract, that unless the parties of the second part shall have introduced two hundred families, that is to say, one-third of the whole number of families which they have contracted to introduce, within the limits of the republic before the expiration of one year from the date of this contract, then the said party of the second part shall forfeit all the lands and immunities, rights and privileges of whatsoever kind, name and nature, that they may have previously acquired by virtue of this contract.

But no forfeiture on the part of the party of the second part shall in any manner prejudice the rights of such families and single persons as they may introduce, who shall be entitled to their respective quotas of land in the same manner as if the said party of the second part had completed their contract.

And it is further agreed between the parties to this contract that the following shall be the definition of the word family as it is used in this instrument, namely: First. A man and his wife. Second. A widower and two or more children; if males, under the age of seventeen years; if females, unmarried. Third. If a widow, the same as a widower. Either of which three classes shall be considered as constituting a family in the construction of this contract. And it is further agreed between the parties to this contract, that the said party of the second part shall not be permitted to introduce any emigrant who has been guilty of any atrocious crime or who is of bad moral character, nor shall they nor any of the families or persons introduced by them be permitted to sell or give any spirituous or intoxicating liquors to any Indian or Indians, nor shall they furnish them in any manner with powder, lead, firearms, or with any other kind of warlike weapons, upon pain of forfeiting when convicted thereof, all the lands they may have acquired by virtue of this contract.

And it is further mutually agreed between said parties, that the party of second part shall be...