State v. Sais

• Decision Date: 01 January 1877
• Parties: THE STATE OF TEXAS v. JUAN RODRIGUEZ SAIS ET AL.
• Court: Texas Supreme Court

47 Tex. 307

THE STATE OF TEXAS

v.JUAN RODRIGUEZ SAIS ET AL.

Supreme Court of Texas.

1877.

APPEAL from Travis. Tried below before the Hon. J. P. Richardson.

George Clark, Attorney General, and Peeler & Fisher, for appellant.

James H. Bell, and Chandler, Carleton & Robertson, for appellees.

ROBERTS, CHIEF JUSTICE.

That portion of Texas situated between the Rio Grande and Nueces river, south of a line drawn from the northern boundary of Webb county to the mouth of Moros creek, on the Nueces river, was originally a part of the State of Tamaulipas, in Mexico, whose capital was Victoria, some distance west of the Rio Grande. That section of country was but sparsely settled, and was used principally for stock ranches, that had long been subject to frequent depredations from savage Indians. On the 19th of December, 1836, an act of the Congress of Texas was passed, defining the boundaries of Texas, in which that territory was included. Notwithstanding that, however, the State of Texas exercised no permanent jurisdiction over it, except along and near the Nueces river, including Corpus Christi, on the gulf; and the State of Tamaulipas exercised jurisdiction on and near the Rio Grande, on the eastern side of it, until after the annexation of Texas to the United States, (on the 29th of December, 1845,) shortly after which, armed occupation of the disputed territory was taken by the United States, on behalf of Texas, since which time Texas has exercised jurisdiction over it. (Paschal's Dig., art. 438; Calkin v. Cocke, 14 How., 227;Lee v. King, 21 Tex., 582;Trevino v. Fernandez, 13 Tex., 663;Martin v. Weyman, 26 Tex., 465.)

By the “Articles of Annexation,” consent was given by the United States, “that the territory properly included within and rightly belonging to the Republic of Texas may be erected into a new State, to be called the State of Texas,” upon certain conditions and guarantees, one of which was that the State to be formed should be “subject to the adjustment by the Government of all questions of boundary that may arise with other governments.” (March 1, 1845, Paschal's Dig., p. 44.) The assent of Texas to such terms was formally given in the convention, by an ordinance, on the 4th day of July, 1845. (Paschal's Dig., p. 45.) On the 29th of April, 1846, the Legislature of Texas adopted a joint resolution, declaring “that the exclusive right to the jurisdiction over the soil included in the limits of the late Republic of Texas was acquired by the valor of the people thereof, and was by them vested in the Government of the Republic; that such exclusive right is now vested in, and belongs to, the State, excepting such jurisdiction as is vested in the United States by the Constitution of the United States and by the joint resolution of annexation, subject to such regulations and control as the Government thereof may deem expedient to adopt.” (Paschal's Dig., art. 441.) On the 2d of February, 1848, the treaty of peace, of Guadalupe Hidalgo, between the United States and Mexico, was concluded, by which the Rio Grande was established as the line between the United States and Mexico, and thereby settling the boundary of Texas, in reference to this part of the country, as between Texas, in the United States, and Tamaulipas, in Mexico. As between Texas and the United States, the right of Texas to the jurisdiction of Texas over the territory east of the Rio Grande, was definitely settled by the act of Congress, (called one of the compromise acts,) on the 9th of September, 1850, and acceded to by Texas on the 25th of November, 1850. (Paschal's Dig., art. 443.) This had reference, however, particularly to the cession, by Texas to the United States, of that portion of New Mexico east of the Rio Grande.

By the treaty of Guadalupe Hidalgo, it was stipulated that the civil rights of Mexicans, within the territory ceded to the United States, as they then existed under the laws of Mexico, should be protected by the United States. (U. S. Stats. at Large, vol. 9, pp. 929, 930.)

The inhabitants, and others owning lands by titles, perfect and imperfect, within the territory east of the lower part of the Rio Grande, not having had the same opportunities as persons in other parts of Texas, to have their titles established and recognized by the authorities of Texas, a law was passed for that purpose as early as 1850, and another in 1854, under which commissioners were appointed to investigate and report upon their titles, many of which were confirmed as valid by an act of the Legislature of 1852. (Paschal's Dig., arts. 732-739.)

For the same object, another law was passed in 1860, authorizing suits to be brought against the State, in the counties there situated. (Paschal's Dig., art. 739.)

The object of all of these laws, as therein expressed, was to ascertain what lands the State should recognize as justly belonging to individuals, whether the titles from the former government were perfect or imperfect, and to have them surveyed, mapped, and patented, but not to interfere with any superior rights that might have been acquired by third persons, previous to the passage of said laws. (Paschal's Dig., arts. 4450, 4477, 4490.) By the law in 1860, authorizing a suit to establish such right or title, it was provided that “all lands, the claims to which shall be finally rejected in the manner herein provided, shall be deemed, held, and considered as part of the public domain of the State.” (Paschal's Dig., art. 4489.)

It is to be remarked, that neither in this, nor in any other of the cases brought to this court in connection with it, was there anything proved tending to show that this or any other of such claims had been rejected in a suit, under said act of the 11th of February, 1860.

For the same purpose and in similar terms, another act of the Legislature was passed, on the 15th of August, 1870, providing that “any person who may be the original grantee, heir, or assignee of any grant of land, emanating from the Spanish or Mexican Governments, and having its origin previous to the 19th day of December, A. D. 1836, and situated between the Nueces and Rio Grande rivers, and below a line drawn from the northern line of Webb county to the mouth of the Moros creek, emptying into the Nueces river, may file a petition to the District Court of the county of Travis, or where the capital of the State may be,” * * which “shall contain a full description of the land claimed, setting forth particularly its situation, boundaries, and extent, and shall accompany such petition with the titles, or evidences of titles, or right under which the same is held or claimed, and the said District Court shall investigate the same, in accordance with the laws of nations, the laws, usages, and customs of the Government from which the claim is derived, and the principles of equity, so far as the same are applicable, and shall give judgment for the confirmation of the same, when the title is perfect; or when imperfect, when the same would have matured into a perfect title, under the laws, usages, and customs of the Government under which it originated, had its sovereignty over the same not passed to and been vested in the Republic of Texas, provided said title or right was originally founded in good faith.” (Paschal's Dig., art. 7068.)

This suit, with a number of others now here on appeal, varying somewhat in their facts, was brought under this act, and it prescribes who may bring the suit, and what shall be required to maintain it. Like the other acts upon the same subject, it does not seek to defeat any title that can be maintained under the general laws of the State without the aid of this statute, but simply to confer upon the claimants the advantage of having such titles as are perfect recognized as such by the State, so far as the State itself is concerned, and to enable any one who had, in some legal mode, commenced to acquire a title from the former governments, and which once had a substantial inception, in good faith, attached to a particular tract of land, so as that its locality, boundaries, and extent could be described, previous to the 19th of December, 1836, conferring a right,...