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3,878,000 acres, of which 640,000 acres are in one connected body." (Hdbk., 1846, p. 80.
That is to say: that by a subsequent act of the Legislature, dated January 29, 1845 (Paschal's Dig., p. 278), the contractors were allowed to settle some of the alternate sections with emigrants for defence against the Indians, not to exceed one-twelfth part of all the alternates, and under the condition to set aside a like amount of land for the government, and have it surveyed at their own expense.
Fisher & Miller had no lands to sell at all; but only their rights in the Colonization Contract which they had with the Republic of Texas.
The colonization contract did not donate a particle of land to the contractor without onerous conditions. It did only set aside a territory which was in actual possession of hostile Indians, with the right to introduce, within eighteen months (afterwards till 1st of March, 1846), one-third of the families to be introduced from Europe, not to exceed 6000 families, and to settle them on these lands, and select for them suitable locations. And after these emigrants had been living on their lands for three successive years, had built a house on it, had fenced and cultivated fifteen acres, (afterwards by subsequent liberal legislation, if they had only cultivated apart of it,) it promised to donate and make title to each family for 640 acres, to each single man 320 acres. To the contractor the government allowed ten sections of 640 acres for each full 100 families, and ten half sections of 320 acres for each full 100 single men, actually settled within that territory in the hands of hostile Indians. On the 23d of August, 1851, Fisher & Miller appeared before Granville H. Sherwood, Commissioner of the Colony, and proved under oath that the German Emigration Company had introduced and settled 1600 families and 1000 single men, and that therefore headrights for 160 sections of 640 acres
