Commissioners of Deeds for Texas

THE MYSTERY UNFOLDS

In Nineteenth Century America most people likely knew what a Commissioner of Deeds was. They probably knew what his duties were and they probably knew how to locate a commissioner if needed. By the Twenty-First Century, however, the office of Commissioner of Deeds had virtually been eliminated, the term obsolete and the duties of the office a mystery.

This chapter and the remainder of this book will discuss the journey of discovery defining what a Commissioner of Deeds was, the duties of the office and something about the type of man who would serve and hold the office. It will also enumerate the names of those who held the office over a period of thirty six years in the middle and later half of the Nineteenth Century.

The impetus of this project began when viewing a microfilm collection created by the Alabama State Archives consisting of 3 X 5 cards titled “Index of Alabamans Who Served in The Texas Revolution”. Filed alphabetically, each card in the series contains the name of a soldier who served in an Alabama military unit that volunteered for service in the Texas Army during the Texas Revolution in 1836. Many of the index cards list a “source” for the information and in many cases that ”source” was “James V. A. Hinds, Texas Commissioner of Deeds”.

So, who was James V. A. Hinds? One might ask. And, what was a Texas Commissioner of Deeds?

A search of the Texas General Land Office website, the Handbook of Texas Online and numerous other Texas biographical sources failed to reveal anything personal or official on Hinds. Even an email inquiry to the Texas General Land Office failed to identify Hinds as an employee, a Commissioner of Deeds or an official in any other capacity.

A census search found Hinds living in Madison County Alabama in 1850. According to the census enumerator Hinds was born in Virginia about 1810, lived with his Alabama born wife, Elizabeth, age thirty seven, and their son Alabama born son, Samuel, age eight. Hinds’ occupation was listed as a School Teacher.

Continuing with the census, Hinds was again found in 1860, 1870 and 1880. In 1860 he was listed as a bookkeeper and in 1870 and 1880 he was listed as a dry goods clerk. At no time was he found to be listed as a Commissioner of Deeds or an agent of the State of Texas.

Subsequent research did reveal a Texas connection for Hinds. In November 1835 Hinds enlisted for three months at Huntsville, Alabama in Captain Peyton Sterling Wyatt’s Company for service in Texas’ anticipated war of independence from Mexico. Wyatt’s company proceeded immediately to Texas where they remained through February. Bored, with little action and their enlistments expiring, many of the men in the company were restless. When Captain Wyatt returned to Alabama on recruiting duty in February 1836 several of those in the unit accompanied him home. According to Hind’s petition for land for his services, he said he was sick at Refugio, Texas and discharged about March 1 by Surgeon Doctor William Mottley as being a confirmed invalid and returned to Alabama due to his ill health. Those of Wyatt’s men who remained in Texas were reassigned to units under the command of Colonel James W. Fannin and most of them were later captured and executed at Goliad by Mexican troops in March 1836.

Hinds is not known to have resided in Texas, however, Wyatt moved to the Red River area of Texas after the war and served in the Second Congress of the Republic of Texas in 1837. In July 1839 he received orders to raise three hundred men to fight the Cherokee under Chief Bowls. In February 1840, P S Wyatt and J B (probably James V A) Hinds are listed as passengers on the Schooner Byron from Velasco, Texas to New Orleans. Perhaps James V A Hinds was one of Wyatt’s recruits and he and Wyatt were returning to AL. Whether Hinds served in the Texas Army a second tour, for sure, is not known, but, based on the ship passenger list he apparently visited Texas at least once after the Texas Revolution.

SOLVING THE MYSTERY

While attempting to learn more about James V.A. Hinds research was simultaneously being conducted to find out what a Texas Commissioners of Deeds was, what his duties were and how did one become a Texas Commissioner of Deeds?

From Seymour V. Connor’s “A Preliminary Guide to the Archives of Texas” it was learned that the Office of Commissioner of Deeds was created in 1846 by the State Legislature to replace the Consuls of the Republic of Texas. The State Governor, according to Connor, was authorized to appoint one or more Commissioners of Deeds in each state, territory and foreign country. The commissioners served two year terms and had similar duties and authority as a Notary Public within the State of Texas. While the last Commissioner of Deeds served under Governor Preston Smith in 1971 Texas law still allows the Governor to appoint such officials when recommended by the executive authority of a state, territory, foreign country or the District of Columbia.

(Use as a footnote: http://law.onecle.com/texas/government/406.051.00.html § 406.051. APPOINTMENT. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.)

Duties of a Notary Public and Commissioner of Deeds

To understand the duties of a Commissioner of Deeds one must be familiar with the duties of a Notary Public. A Notary Public, according to the Texas Secretary of State’s website, is a public servant and “officer of the State of Texas” with statewide jurisdiction. He is conveniently located in the community so he may be of service to the public and is authorized by the Secretary of State to take acknowledgments, protest instruments permitted by law to be protested (primarily negotiable instruments and bills and notes), administer oaths, take depositions, and certify copies of documents not recordable in the public records.

The primary duty of a Notary Public is to show that a disinterested party (the Notary Public) has duly notified the signer of an instrument as to the importance of such document, and the signer of such document has declared that the signer’s identity, signature, and reasons for signing such instrument are genuine. The signature and seal of a Notary Public do not prove these facts conclusively, but provide prima facie proof of them, and allow persons in trade and commerce to rely upon the truth and veracity of the Notary Public as a third party who has no personal interest in the transaction.

TOOLS OF THE TRADE

Like Notaries Public Commissioners of Deeds were provided a commission signifying their office and an embossed seal to affix on official papers. It is likely they had on hand papers and supplies similar to their predecessors, the Consuls of the Republic of Texas. One of the consuls made an inventory of the supplies he inherited from the man he succeeded. Included in that inventory was a press and seal of office, deeds of sale, official head rights, official power of attorney and a notarial press.

LAWS OF TEXAS NECESSARY FOR EVERY BODY TO KNOW

The 1860 Texas Almanac contains a well versed and informative chapter contributing to the understanding of the legal knowledge and responsibilities of the Notary Public, Commissioners of Deeds, and other public officials concerned with complying with Texas law. “Laws of Texas Necessary For Every Body To Know”. Following are highlights of that chapter.

“We now give a condensed outline of some of our laws, which should be understood by every citizen of the State, and by simply referring to which, he may often save himself the trouble and expense of consulting a lawyer and may avoid those frequent errors which result in so many ruinous law suits. We are indebted to members of the legal profession in this city, of reputation, for these outlines, which may, therefore, be depended on as correct.”

Forms, &c, For the Execution and Authentication of Deeds in Texas

Deeds must be sealed, unless it is expressly declared in them that a scrawl of the pen will be made and recognized as a seal.

Two witnesses are requisite.

Deeds must be recorded in the office of the Clerk of County Court in the County in which the property, or a portion of it, is situated.

A mortgage of real estate must be recorded in the County where such estate is situated, within ninety days from the date thereof, otherwise it will not be a lien.

Deeds, in order to be recorded, must first be proved by a subscribing witness, or acknowledged by the grantor before a Notary Public, or Clerk of a County Court in the State: or, if in any other part of the Union, before a Commissioner, appointed for that purpose by the Governor, or before a Judge of a Court of Record, having a seal; or, if out of the United States, before a Minister, Charge d’Affairs, or Consul of the United States. The acknowledgment must be certified under the hand and seal of the officer before whom such acknowledgement is made.

In the case of a wife conveying her separate estate she must acknowledge it before a Judge of the District Court, or Chief Justice of the County Court; or if she only releases her interest in her husband’s estate, the acknowledgment may be made before any Judge of the Supreme or District Court, or Notary Public, or Commissioner appointed by the Governor for that purpose, of out of the State. In either case the certificate of acknowledgment must declare that the wife has been privately and separately examined by the Officer granting the certificate, that the nature and meaning of the deed was fully explained to her, and that she acknowledged it as her act and deed, and declared that she had willingly, and on her own accord, and without any fear of compulsion of her husband, signed, sealed and delivered the same, and had no wish to retract it. The certificate, in other cases, must state that the grantor appeared before the Officer, and acknowledged that he executed the instrument for the consideration and purposes therein stated.

The chapter also offered the following suggested formats to be used when making acknowledgements from outside the State of Texas:

Form of Acknowledgement

City of Cincinnati, County of)

Hamilton, State of Ohio ) SS

Be it remembered, that on this tenth day of January, 1854, before the subscriber, a Commissoner in and for the State of Ohio, duly commissioned in and for the State of Ohio, duly commissioned and authorized by the Governor of the State of Texas to take the acknowledgment and proof of deeds, and other instruments of writing, to be used or recorded in the said State of Texas, and to administer oaths and affirmations, &c, personally appeared , and , his wife, to me known to be the individuals named in, and who executed the foregoing conveyance, and acknowledged that they executed the same; and the said , on a private examination, separate and apart from her said husband, acknowledged that she executed the same freely, and, without fear or compulsion of her said husband.

In testimony whereof, I have hereunto set my hand and affixed my seal of office in the City of Cincinnati, the day and year first above written.

[Seal] James Birney,

Commissioner, &c.

Forms and Instructions For Taking, Certifying and Returning Depositions of Witnesses For Texas

Caption to Depositions-

City, County and State of New York, ss:

In accordance with a commission issued from the office of the clerk of the District Court of County, State of Texas, on the day of A.D., in the case of vs. in said Court pending, to take the deposition of a witness to interrogatories (and cross interrogatories) propounded to said in said case hereto annexed, I, M. G., a Commissoner, in and for the said State of Texas, to take the acknowledgment of deeds, &c., &c., caused on this day of A.D. said witness to come before me, and having sworn him to make true answers to said interrogatories (and cross interrogatories) he, the said answered the first interrogatory as follows, viz.:

To the first interrogatory, he answers, &c,

Certificate at Close…

I, M.G. Commissioner, as aforesaid, do certify that the foregoing answers were sworn to and subscribed by the witness, said before me. Given under my hand and seal of office, this day of A.D.

[Seal] Montgomery Gibbs,

Commissioner

After the witness has signed the deposition and the officer has certified them, as above, he should seal them up with the commission, exhibits, &c., write his name across the seal, and endorse on the envelope the name of the witness, and the name of the parties to the suit, and direct them to the clerk of the court from which the commission issued. If they are sent by mail, get the postmaster to endorse on them that he received them. And if sent by private conveyance, the person who receives them must deliver them, and make oath that they have not been out of his possession, and have undergone no alterations

DISCOVERING THE NAMES OF TEXAS COMMISSIONERS OF DEEDS

Once knowledgeable of the duties of Commissioners of Deeds and cognitive the position was appointive a series of microfilm rolls titled “Register of Elected and Appointed State and County Officials” was consulted. Within the series there are numerous registers, or books, with each register covering a small spread of years. A table of contents in each register alphabetically lists office titles and the page within the register where the names of those so appointed or elected for that position are named. The major part of this manuscript enumerates the names, residences and dates of commission of eleven hundred seven Commissioners of Deeds in forty one states extracted from the registers 1846 through 1882.

Following is a summary of the number of Commissioners of Deeds appointed in the various states between the years 1846 and 1882:

Alabama 27 Arizona 3 Arkansas 15 California 62

Colorado 1 Connecticut 15 Delaware 1 Washington DC 24

Florida 7 Georgia 43 Illinois 23 Indiana 17

Indian Territory 3 Iowa 2 Kansas 5 Kentucky 54

Louisiana 130 Maine 5 Maryland 28 Massachusetts 28

Michigan 7 Minnesota 4 Mississippi 37 Missouri 53

Nebraska 4 New Jersey 15 New Mexico 3 New York 224

North Carolina 12 Ohio 27 Oregon 1 Rhode Island 3

South Carolina 18 Tennessee 62 Utah 2 Vermont 2

Virginia 33 West Virginia 2 Wisconsin 5

It should be noted that the larger cities of each state had a higher number of Commissioner of Deeds in proportion to that state as a whole. For instance, San Francisco had thirty seven commissioners out of that state’s total of sixty two. Of Louisiana’s one hundred thirty commissioners ninety six were in New Orleans. Boston had thirty two of Massachusetts’ thirty nine commissioners. St Louis had forty one of Missouri’s fifty three. New York City had two hundred and Brooklyn seven of New York State’s total of two hundred twenty four. Cincinnati had twenty four of Ohio’s twenty seven commissioners and Philadelphia had sixty nine of Pennsylvania’s eighty five commissioners.

“WHO” WERE THE COMMISSIONERS OF DEEDS?

The discovery of the names of the commissioners allowed them to be scrutinized to see if they followed a trade or profession other than Commissioner of Deeds and what personal connection, if any, they might have to Texas other than their commission. To answer those questions census records, city directories and other sources containing biographical information were consulted.

Viewing advertisements of commissioners in city directories was revealing as to what those named said about their duties as commissioners of deeds as well as any extraneous duties or other professions they might practice.

1880 City Directory of New York City contained advertising for Thomas B. Clifford, George R. Jaques and Charles Nettleton. Clifford said he was a Commissioner of Deeds for all states. Jaques said he was a Commissioner of Deeds for all states from Maine to California and Nettleton said he was a Commissioner of Deeds for all states and territories.

1880 City Directory of New Orleans Benjamin Ory, a Notary Public said he was a Commissioner of Deeds for all the states. He also advertised “Money loaned on Mortgage”.

Phillip A. Hoyne was born in New York but moved to Chicago in 1844. He initially worked in the book binding and printing industry, then became a book keeper and later was an agent for a fur trading company. In 1853 he was elected the first clerk of the Chicago Recorders Court a position in which he served for 5 years. He was admitted to the bar in 1855 when he was made a United States Commissioner for the District of Illinois. He advertised that he was a Commissioner of Deeds for every state and territory, the provinces of Canada and British America, the District of Columbia and represented the United States Court of Claims, the Court of Commissioners of Alabama and French and American Claims. His advertisements noted the services he offered: “Depositions taken, deeds certified and claims proved for any of the states and territories and passports obtained”.

The 1869 City Directory for San Francisco had a listing of Commissioners of Deeds for all states and made the statement that the men were appointed by the Governors of the different states to take testimony and to acknowledge deeds to be used in each respective state.

The San Francisco listings were segregated alphabetically by state naming the men commissioned for each individual state. Below is a list of those named as being commissioned by the State of Texas. Next to their name are other states for which they were listed as being commissioned. In addition to these men, three, Frank Scudder, N Procter Smith and Samuel Murphy appear in the Texas registers of appointed officials but were not named in the directory as being Commissioners of Deeds for Texas.

Considering modern day telephone and city directory advertising pricing policies it is likely the Commissioners may have been required to pay for each listing over their initial free listing in which they were named. If so, they may have been forced to make discretionary budgetary choices concerning the number of listings in which they chose to be named.

C.J. Brenham AL, IA,

Alexander Boyd IA,

Thomas Cazneau

George Fisher ME,

John Gorman NV,

Samuel Herman GA, ID Territory, IA, KY, LA, ME, MD, MO, NV, NY, OR, PA,

Simon L Jones

E. P. Peckham AL, ME, NH,

William H. Rhodes

F. A. Sawyer NV,

F. J. Thibault AL, AZ, AR, CO, CT, GA, ID Territory, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT Territory, NE, NV, NJ, NM, NY, NC, OH, OR, RI, TN, UT, VT, WA Territory,

F. O. Wegener NV, OR,

Andrew Williams AL, ME,

The listings of Commissioners in the 1869 Boston City Directory seem to lend credence to the suggestion city directories charged fees much the way modern city directory and telephone directory companies charge. There were eighty two men listed under the various state listings in the Commission of Deeds section of that directory. Of the eighty two, ten were listed as being commissioned by Texas: Charles B. F. Adams, George F. Angell and his partner Samuel Jemison, James B. Bell, William Aspinwall, Benjamin A. Currier, Samuel S. Curtis, Edward Fiske, George S. Hale and David P. Kimball. In addition, there was one man named in the directory that was not listed under Texas who appears in the Texas register of appointed Commissioners of Deeds, Otis G. Randall.

The names of Adams, Angell and Jemison and Bell were published in bold letters as was A. W. Adams who was not listed in the Texas registers as a Texas Commissioner of Deeds. Each of these men were listed under all or nearly all of the states. Of the remaining seventy two men in the directory none were listed in bold letters and were listed only under a single or small number of states.

Occupation wise, the majority of the men, when listed in city directories and often in census records were identified as lawyers, attorneys or notaries. Some of the men used extra lines or display advertisements in city directories to amplify their credentials and additional services provided to the public.

In the 1880 New Orleans City Directory there were two hundred ninety one attorneys or law firms and sixty four notaries listed. Of that number twelve attorneys and eight notaries were listed in the Texas appointment book as being Texas Commissioners of Deeds.

Also, during the period being considered, 1846-1882 ninety two men in New Orleans served as Commissioners of Deeds. Of that number forty five men were notaries.

It should be noted that the duties of a Notary in Louisiana is different than a Notary in most states. In Louisiana a Notary serves more in the capacity of a legal counselor and public official than disinterested third party witness. The Louisiana Notary draws up legal documents in legally required formats and maintains a copy in his files of every document created and executed. Also, when a Notary in Louisiana leaves office, he retains his own records or transfers them to his successor in office. His successor usually will have served an apprenticeship of several years under the elder Notary.

Many of the Commissioners in each state were listed as Lawyers:

Sidney Abell age 38 was listed in the 1850 census of Chicago, Illinois as the City Clerk of Chicago.

Hugh King age 45 and born in Georgia was listed as a lawyer in the 1880 census of Tuskegee, Macon County Alabama.

Francis E. Dana of Brooklyn, New York was admitted to the Bar in 1858 and served in his father’s law office.

John J. Coleman age 46 born in Georgia was listed in the 1850 census of Huntsville, Madison County Alabama as an Attorney at law. In 1860 he was listed again in Huntsville as a Lawyer age 56, born in Georgia.

Brett Randolph age 22, born in Virginia was listed in the 1850 census of Green County, Alabama as a student of law. His brother, age 24, also born in Virginia was named as head of household in the same household. Randolph was commissioned as a Commissioner of Deeds in September 1851.

William H. Moore age 27 born in North Carolina enumerated in the census of 1850 in Madison County, City of Huntsville was listed as an attorney at law.

Alexander McKinstry age 29 born Georgia was listed in the 1870 census of Mobil Alabama as an Attorney at Law.

Leonard F Summers born in Kentucky was listed in the 1850 census of Mobile as an Attorney at law.

There were two Jefferson Falkners, father and son, in the 1860 Chambers County, Alabama census. The father was age 50 born in Georgia and a Missionary Baptist Minister. In the 1850 Tallapoosa County, Alabama census listed him as a Lawyer and the 1870 Montgomery County, Alabama census also listed him as a Lawyer. The son, Jefferson Falkner was 17, born in Alabama in the 1860 census and listed as a student. Another of the Elder Falkner’s sons, William, was a Lawyer but never commissioned by Texas as a Commissioner of Deeds. It is unknown which of the two Jefferson Falkners was the Commissioner of Deeds for Texas. More research would have to be conducted to make that discovery.

Richard A Colclough age 30 born Wexford Ireland was listed in the 1850 census of Montgomery County, Alabama as a Lawyer and in the 1860 census of Montgomery as an Attorney at Law.

Elmore Fitzpatrick age 22 born in Alabama was listed in the 1850 Autaugua County Alabama census as being a Lawyer. In 1860 and 1870 he was in Montgomery County Alabama again listed as and Attorney at Law and Lawyer respectfully.

Notary:

As stated above there were two hundred ninety one attorneys or law firms and sixty four notaries listed in the 1880 New Orleans City Directory. Of that number twelve attorneys and eight notaries were listed in the Texas appointment book as being Texas Commissioners of Deeds.

Also, during the period being considered, 1846-1882 ninety two men in New Orleans served as Commissioners of Deeds. Of that number forty five men were notaries.

It should be noted that the duties of a Notary in Louisiana is different than a Notary in most states. In Louisiana a Notary acts more in the capacity of legal counselor and public official than disinterested third party witness. The Louisiana Notary draws up legal documents in legally required formats and maintains a copy in his files of every document created and executed. Also, when a Notary in Louisiana leaves office, he retains his own records or transfers them to his successor in office.

William Hoskins age 58 born in Pennsylvania was listed in the 1870 census of Oakland, Alameda County, California as a Notary.

S. T. Douglas age 41 born Maryland was listed in the 1850 census of Mobile as a Notary Public and in the 1860 census of Mobile as an Insurance Agent.

R. B. Owen age 41 born in Alabama was listed in the 1870 census of Mobile as a Secretary of a Life Insurance Company.

Henry B. Holcombe age 61 born in North Carolina was listed in the 1860 census of Mobile as a Notary Public.

It is interesting to note some of the non-legal professions noted in city directories and censuses:

Samuel C. Muldon age 36 born in Alabama was listed in the 1850 census of Mobile as a Bank Officer

Benjamin F. Luce age 52 born in Indiana was listed in the 1880 Los Angeles, California census as a farmer.

James V. A. Hinds was listed in the 1850 census as a school teacher and in the 1860 census as a book keeper. Of those Commissioners of Deeds researched Hinds was the only teacher and only one of 2 bookkeepers. The other bookkeeper was Nathaniel Waller age 36 born in Georgia listed in Selma, Dallas County 1860.

Willis G. Clark age 32 born in New York was listed in the 1860 census of Mobile Alabama as an Editor and In 1870 Clark was listed as a Manufacturer. It is known, however, that he was admitted to the bar in Mobile in 1850.

S. C Stamler age 29 born in Tennessee was listed in the 1850 Mobile Alabama census as a Clerk.

Samuel K Jennings of Selma, Dallas County, Alabama age 25, born in Alabama was listed in the 1860 census as a Clerk.

C. John Berry age 43 born in Georgia was listed in the 1870 census of Mobile Alabama as a Clerk.

Simon L. Jones age 47 born in Wales was listed in the 1860 San Francisco County, California census as an auctioneer. In 1850 he was listed in the Galveston, Texas census as being born in England and a merchant by profession.

Thomas N Cazneau age 40 born in Massachusetts was listed in the 1860 San Francisco California census as being a Marine Broker.

Sidney T Douglas age 41 born in Maryland was listed in the 1850 census of Mobile Alabama as Notary Public and in the 1860 census of Mobile as an Insurance Agent.

William Loomis age 35 born New York was listed in the 1870 Mobile Alabama census as a Justice of the Peace.

PERSONAL CONNECTIONS TO TEXAS

Fayssoux

The Texas appointment register lists a P. F. Faysoux of New Orleans. As far as is known there was no P. F. Fayssoux, but, there was a P(eter) S(imon) Fayssoux who was listed in the 1852 New Orleans city directory as Commissioner of the water works and in 1866 as an engineer. Peter was a brother Callender Irvine Fayssoux who was a sailor in the Republic of Texas Navy and played a heroic part in the filibustering efforts of Narcissio Lopez to liberate Cuba in the early 1850’s. In the mid 1850’s the latter Fayssoux served as commander of a ship in Nicaragua under William Walker and as Walker’s Aide d’Camp.

Hinds

George F Richardson

George W. Blow, Jr

Frederick A Sawyer

George Fisher

Consuls in NY and other states.