Telegraph and Texas Register (Columbia, Tex.), Vol. 1, No. 45, Ed. 1, Friday, December 9, 1836 Page: 2 of 4
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Jseaven, and recollect, that upwards of one hundred there foil boneath
the merciless, sword of a Bavage enemy. Behold your army and you
there see many of them, patieiftly and gallantly waiting the coming of
1 the enemy again, resolved to maintain the cause of liberty in Texas, or
fatten the soil with their blood. Cast your eyes through the streets of
this, town, and throughout the country, and you see many of these brave
men, with honorable discharges in their pockets, desirous of returning
to their homes, or again ready and willing to re-enter the service of
Texas, if necessity demands it. And what compensation have they thus
far received? Nothing truth, plain unvarnished truth, demands that
- we say nothing.
"Is it expedient to authorize by law, foreign volunteers to sell their
bounty landlo aliens V1 The heart of every true friend of Teas, must
answer, "yes, it is expedient;" and justice and gratitude demand, that
they should have-the right to sell it to whomsoever and wheresoever they
canfthat they should not be compelled to sell it alone to Texian specu-
lators, but that the defenders of Texian liberty should have all the rights
and all the benefits, that this' government can confer.
.In answer to the -second question, your committee are of opinion,
"that justice and sound policy require, that those aliens who have aided
the cause of Texas, should have the right to hold the lands they may
have purchased in Texas, by paying a reasonable bonus to the govern
ment. Tney nave hnntrnt ana naia tor tneir lanasmguuu muu, uuu
s-!rm??rwt-J-Uinliof th-tt thrtr tltlPT TTTP frmrii nnr th-rf
' ntU"tmraiBft5agtQ.ats-tad-belietj that their titles were gocx-on ih-xt
so far as the Texian government was concerned, no sort of difficulty-
was to be apprehended. They have aided the cause of Texas to a
degree, that places it out of our power ever to make a suitable pecunia-
ryxccompense. Without their assistance, the cause of liberty in Texas,
'would have sunk in blood, and' instead, of our present flattering and pros-
, perous condition, "our country, our altars and our homes," would be in
possession of the enemyj and our wives and children, pennyless and
forlorn, would be living on the charity of those whojire contemplated in
. the question proposed. They furnished us with arms, monev and pro
visions, in the darkest hour of our struggle when the last glimmer of
hope, was last lading before our retreating steps ana wnen iour-nttns
of the population of Texas had abandoned the contest, and gave up the
country as lost. They did all this, not from mercenary and speculating
motives,.but in response to the repeated supplications made from the
ruling authorities of tills country, and in obedience to those principles
taught by the patriots of seventysix,'haX the tieasure and persons of
treemen snouia ever raiiy in aeience or ine Danner 01 ireeuuin. xveiuse,
, however, to pass a bill permitting them to hold lauds in Teas, and the
y 'lands owned by these individuals, are forfeited to this government.
Your treasury, for the time"be'ing, will be increased your immediate
"wants will be relieved but foul ingratitude will be stamped on your
acts vour injustice'will'be told in every, land, and your folly will be.
.manifested in the conflagration of your country in the horrid flight of
.your women and children, -and m the agonized shriek of liberty itself.
Let the fact once be-knownin the United States, that no'citizen of that
country can hold land in Texas, and the doom of Texas is scaled. Your
ingratitude, will hei metrically seal their lips, and they will look upon you
as foul speculators, battling -not for the cause of constitutional liberty,
but solely to advance individual's views, and promote individual inter-
ests. Refuse to pass.sucha law, and the vast public domain of Texas
will be monopolized by a. few individuals in Texas -your country will
remain for years, Svaste and uncultivated and you will experience all
the evil effects to be apprehended from land monopolies, and the still
more serious consequences resulting from an abandonment on the part
-jof those who have heretofore sustained us. We cannot Iar the flattering
unction to'-our souls, that their sympathies will still induce them to aid
tis? They will cease to sympathise, and will feel onty horror and dotes-
tation at our extraordinary, course, so obviously opposed to every prin-
xiple of justice and our own interest.
The bill proposes,a,bonus of ten per cent, to be paid. This will add
greatly to qnr Tevenue, and is certainly mot unjust, because it is a sum
'paid by non-residents for permission to remain without the country, while
Tesmenis are uaiumg ior ana aeienaingineir property.
f "On the third question proposed, your committee are of opinion,
'that sound policy requires, that the citizens of Texas should have the
privilege6f selling their lands to aliens. The citizens ot Texas, west
of the San Jacinto, have but little left beside their land, and thev will
"be compelled to sell apportion, to procure the common necessaries of
life the effects of the war have- left thenno alternative, and unless
they can sell to aliens, they will be compelled to sacrifice their lands, by
-selling at very reduced .prices to those citizens of Texas, who have mo-
ney. Were they permitted by .law to sell to aliens, the' would at once
be rescued from the grasp of the speculator, and would be enabled to
sell their lands at fair.priceSj. Numbers of capitalists are now in the
. country from the United States, only waiting for the passage of such a
Jaw, to enable them to purchase, and are willing to give fair prices for
land, but-will not and cannot purchase, unless such a law be passed.
Suppose such a law is not passed, what will be the result? Your own
citizens can alone purchase land they have but little capital, and can,
consequently, give but reduced prices lands in consequence, instead
of selling from two to five dollars per acre, will sell for fifty cents or one
dollar per-acre; and your citizens will in the main, be compelled to sac-
rifice all their land, to .enable' them to procure the substantiate of life;
you will have a poor impoverished population, and a country uncultivated
and unimproved. Your citizen soldiers will have but few inducements
again to shsulder the rifle and meet the foe and we have every reason
to fear, that the enemies of liberty will find Texas an easy conquest.
But suffer the law torbe passed, and what is the picture that will be pre-
sented? Your citizensj by selling a portion of their land, will obtain
anew the comforts of home-7-will obtain at once the means of cultivating
their lands and will march forward to the acquisition of that compe-
tence, comfort and independence, to which they are so much entitled,
and of which, before the revolution, they were every one in possession.
You interest the capital, talent, and enterprize of the citizens of the
United States in your country. You identify the interest of thousands
abroad, in your success and you interest in your favor, those who
have the means, the will, and the inducements to supply you with the
money necessary to prosecute to success, the great undertaking in
which you are engaged. Aided by them, your independence will be
achieved your country will soon develop its immense internal resour-
ces, and population and wealth and commerce and agriculture, and a
prosperous and happy people, will be the result of your policy. But it
is said, the policy will be dangerous, because foreigners will monopolise
our lands and retain them for xu length of time, in an unimproved condi-
tion. To the mind of your committee, there is but little force in this armi-
menL Solong as foreigners are excluded, so long'will your lands re-
main at reduced prices, and so long will the citizens of Texas remain in
the power of those Texian speculators who have money. The exclusion
of foreign capital will result in the very evil apprehended; and in a very
few years, the most aluable of the domain of Texas will be in the hands
of a few individuals, who have already realized immense landed estates.
Suffer, nowever, foreign capital to bo introduced, and the competition
will be &reat there will be a thousand nurchasers where vnn nnw find
one. .bands will commence nsmg in value, and instead of being bought
up 111 large uuuieaj ai reaucea prices, they will be sold m smaller tracts,
at fair prices, and most generally for the purpose of cultivation. You
cannot expect much emierration in the wav of actual settlers tn 'TVvna
.until the wnr in nvnr nA nn-ns.. .!.. u 1 i :n
... , ,.,i, .iu, wuocuucuuv, iiiu luiius wm remain waste.
either in the hands of lame Texian monoDolists or in those of the nnm.
nal owners; so that in any possible view of the case, sound policy re-
uiiuqj mat auiui a. uiw suuuiu De passeo.
" Such a law will materially aid the Selling of scrip. So soon as the
lands of Texas commence rising in value, the scrip also will rise in equal
or probably a greater ratio. The more canifcil. nnrl the.rrreater tho
num.i'.of pefsonsthat become interested in the country, the rrreater
rriu. uu jjw becuniy ggoraea tne country-greater will be the confidence
inspired-and'gfeatofcoaTsewill become the price of. our public
-Toiasin. BucnsriiiijsJsometoi the benefits, if the law is nnsserl. T?.n
Jy ".? a w11 be Jhrwwltjtffit b not? : You lose the interestof foreienors.
-fearSF- f - JKL
and n ill be compelled to rely on our own resources And what are
they? Nothing. Without-tuiollar in the treasury, but few soldiers in
the .field, no provisions or clothing, and no possiblo means with which to
procure'them, except through the good offices of our friends in the United
states ana tninK you, mat lurtner aia can or ougnt to ue expectea rrom
that quarter, if this bill is not passed ? No they will leave you to work
out your own deliverance. Your bonds will not be purchased they
will credit you for no more provisions nor clothing no more appeals will
be made in your behalt and prostrated by your own folly and ingrati-
tude, you will soon again wear the bonds of Mexican tyranny, and justly
be regarded with scorn by the just and liberal.
The people of Texas have, with an unanimity unexampled, declar-
ed their desire to be attached to the United States. In that declaration,
they have expressed their opinion conclusively, that they desired the
citizens of the United Stales to hold lands in Texas. If we are annex-
ed, the field of speculation will be open, and we will encounter the same
apprehended evils" then as now; and if we are not annexed, what is to
sustain us but their friendship and assistance. We shall be compelled
to say to them, " hero is Texas, win it and divide it." No other course
will be left, and while it is in our power, let us pursue that course which
will be calculated to promote our present national welfare, and secure
for ourselves that certain assistance, which we shall, in all probability,
require.
In ruply to the fourth question, your committee are of opinion, that
no possible doubt can exist. The'tonstitution is so clear and unambi-
guous, that he who reads must understandr
" No alien shall hold land in this republic, except by title emanat-
ing directly from the government."
Unless restrained by a constitutional provision, the government of
Texas would have the undoubted right to sell the public domain to any
person it might deem proper. It could, by legislative action permit fo
leigners, in its discretion, to hold real estate; buLby the express provi-
sions of the constitution, aliens can only hold lands in Texas by title
eminating directly from the government. The jbill proposes that the
volunteer shall have .the right to sell his certificate for bounty land to
any one he may see proper, and that the title shall issue to the person
to whom the same may be transferred. The operation of the law would
be this. So soon as the land office should be open for the location of the
bounty land, the holder of the certificate would present the same to the
proper officer appointed by law, who would file thosaine away, and
issue an order of survey for the land; and when the field notes should be
returned, a title would "emanate direct" from the president, in the
name of the person so entitled to it. What possible doubt can arise in
the mind as to the constitutionality of such an act? Is there any con-
stitutional provision, forbidding such transfers? None. Is there any
provision requiring the volunteer. to become acitizen; to Jiold his land?
None. Is there any provision requiring him to'seltlein the country?
None. Is there any Jaw on these subjects? None. "Has then this
congress the constitutional right to pass a law, declaring that this bounty
scrip may be transferred by simple endorsement, and that the same
shall be good in the hands of the holder? As a general principle, the
subject admits of no difficult", and congress has the clenr and unques
tioned right; but the practice ot the government has conclusively settled
this question. It has issued scrip for thousands of acres of land, with
the condition expressed, that th& same should be transferable by en
dorsement, and that the holder thereof should be entitled to receive a
title for the time. This scrip stands precisely in the same situation as
the certificate of bounty land one is given in consideration of money,
the other in consideration of personal services, and both declare, that
the holder is entitled to locate so much land, and receive a patent for
the same. If the gevernment can, by legislative action permit scrip
to be assigned away, and the holder to receive a title, although an alien,
with what truth can it be said, that the same government has not an
equal right to permit the certificate of bounty land also to be transferred,
and for the holder, whether an alien or otherwise, to receive a title for
the same. To your committee, the argument that it would be unconsti
tutional to permit the bounty land to be so transferred, is altogether in
comprehensible, and must be sustained on a principle of reasoning, al-
lugouitsr u.i vundutB wim tiiiucr cuuimuu jusiico ur cummun sense.
" The constitutional question arising on the second embraces also
the third question proposed. .
The bill provides that those persons who have heretofore purchas
ed lands in Texas, and those who may hereafter purchase, may surren
der the original titles to the government, and shall upon paying a bonus
of ten per cent on the purchase money, receive a title "emanating di-
rect," from the , president, transfering alone all the right, title, and in
terest which the original grantee possessed. It is contended hat it
would be unconstitutional in congress to pass an act authorising such
surrender of titles, and the issuing of -a title directjrom the govern-
ment. And why? Because it would be contravening the object and
intention of the convention which contemplated thai the government
might sell lands ,to aliens for the purpose only of raising njoney and
other means necessary to carry on the war. The object and intention
of the convention is not to bo enquired into, "unless there is .some ambi
guity m the expression ot its meaning, which requires interpretation.
In Vattell, page 311, it is said "whea an act is conceived in clear and
precise terms, ichenie sense ts manifest, and leads to nothing absurd,
mere can ue no reason.ta refuse the sense which.tlie instrument natuidlly
presents." Is then the expression in the constitutioiTclear and pre
cise : ic saysj-noTznen'siaw hold land znjhts pubjcaexcepby titlte,
emanating direct from the government?; The expression is clear and
precise, and can admit of no two meanings. It declares positively,
that no alien shall hold land except in the manner provided for. What
the reasons of the convention were, for inserting this clause, it minht
be difficult now to determine. One object no doubt was to retain in the
hands of the government the sole" disposition of laud to aliens, 'for 'the
purpose of procuring money, and successfully carrying oh the war.
Another might have been, the pr6vention of frauds in the "sale of spu-
l-iuus uues; anu anomer mignt nave Been, the selection trom among
aliens, of those who would be the most serviceable to the cause of
Texas. But'lhc expression is clear, that aliens may hold land,"provid-
ed thetitle fot the same, "emanates direct from the government." No
other restrictions are imposed on congress in the permittingf aliens to
hold lands than the simple one, that the title shall be direct from the gov-
ernment. In what quantities the land shall be sold at what price-'
whether for cash, or on credit, for provisions or munitions of war, or
whether it should be given away, is all left to the discretion of "Con-
gress. It can be sold for ten cents an acre, or any other amount, and
the Congress, if it should deem it politic, has the undoubted right to say
to an alien, such and such land'is worth so much money; but in consid-
eration of your influence abroad, and the services you have rendered
us and on account of the perilous condilion"iiI which" the country is
placed, you shall receive a title direct from the Government, upon your
paying ten per cent, on its value into the treasury. Nor is the gov-
ernment confined to any particular portion of the country, or particu-
lar parcel of lands but may make such contract, and on such terms as
they may deem proper. But for the purpose of illustrating fully the
meaning of the committee. Suppose that Samuel Swarthout of the
city of New York should present his petition to the government of Tex-
as, and represent that he has been the' true and undeviating friend of
Texas, at all times, and under the' most discouraging circumstances
that he had expended large sums of money in -furtherance of the cause
of Texas and that he owned some land in Texas for which he had paid
in good faith; and in order that his interest might.be secured, and that
he might continue to "have some inducements to ex6rt himself in our be-
half, should request that a title to him might "emanate direct from
the government" for said lands, upon condition of his paying for the
same ten per cent, on the purchase mpjiey; can any doubt exist that
congress, has the clear right to grant his request? Congress would at
once decide they had the right, because the title would "emanate direct
from the government,' and the question 'as to wliat land it should issue
for, andat whatprice, Would lie oho alone of policy. But the most' sat-
isfactory mefliodoF'determihinirfhe' question, istoUDDosc the Jaw ,to
be passed and the title issued and an issue formed in a court of ius-
tice, "ft hat would the court require of the alien thusclaiming the prop-
city? Nothing more than to come clearly within the letter of the con-
stitution. Would he jn this case be able to do so? He clearly would.
He would produce his title issued in the'name of the government, and
signed by the president, and the court would decide in the language of
chiel justice. Marshall "the question whether a law be void for its re-
pugnance tothe constitution, is at all times a question of much delicacy,
which ought seldom, if ever, to be decided in the affirmative in a doubt-
ful case. But it is not on slight implication or vague conjecture that the
legislature is to be pronounced to have transcended its powers and its
acts to be considered as void. The opposition between the constitution
and the law should be such, that the judge feels a clear and strong con-
viuiiuu ui iiiuir niuoiiipaiiuiiiiy wnn cacn omer. in mis case uie
judge could not hesitate Tie would declare the title to be one "emana-
ting direct from the government," and that the causes which induced
the title was a matter not for judicial inquiry, and in no wisemalerial to
a proper decision. That although other titles might have issued for the
same land, yet the only title under which the party claimed being in the
name of the government, and coining not only in the meaning but with-
in the very letter of the constitution, that the title was good and valid.
But suppose again, that the persons owning land in Texas, should re-
quest you to receive from them the original titles, "and issue to them -scrip
for the same ; would you have the right to grant the request?
Certainly you would; because the right to sell or purchase is one of the
powers of congress ; and the particular manner of doingit is a matter -alone
for the dibcrctionf congress. You-could givo-fifty cents an acrojt
or the land, or give scrip for an equal quantity of land,"orfor-thc"same
land. Could you then authorize said scrip to be transferred and "the
holders to receive a title? We have already shew n that you have the
power, and that the practice of the government has- gone to that extent.-
If then 3ou could issue scrip for the land, and subsequently a title-::;can ,
you not also cause a title for the same to "emanate direct from the gov- y
ernment." The decisions of all respectable jurists on lhe construction
and interpretation of statutes declare that you have the right; and those
who argue in the opposition, are at war with the long and well estab-
lished decisions of the highest and most respectable judicial tribunals
dn earth. Your committee will close this report vith the remark, that
they have attempted an argument on a constitutional question, so clear
and precise, that no possible doubt can exist in the mind of a lawyer, on
the subject. No argument would have been necessary in a court of jus-"
tice, and they have attempted this argument on a question so clear as to
leave no room for argument only in obedience to the express instruc-
tions of the house.
Therefore, resolved, by the senate and house of representatives of the '
republic of Texas in congress assembled, that a bill providing fravthose
persons contemplated in this report, ought to be passed. '
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TELEGRAPH.
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COLUMBIA, FRIDAY,. DECEMBER J1836
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tj Person due this office on subscriptions, can Batisfv-the same, bvJbav-
ing the advanced -price previous to the firstTiaoFJauuary next; otnerwise the
original terms of our paper ($7) willbe adhered to. - ,
(j Persons wishing to renew their subscriptions -to the TeegrapJiJJf-
please signify their, intention on or before the publication of the fif?y-jecon6
number from the date of their subscription, of which they will have dud no-
tice, by a suspension of the paper, unless paymen?"in advance iXorwarded.
Our army is yet on our borders, well nroiided witfr clothes and nrovisioiia.
in high spirits, ready to nieet the enemy v, hen he may dareto invade ourterri-
tory. Let every citizen, in obedience to the Droclamation of the sccretarr of
war, prepare himself, and be ready also to join the regular army in the e ent oT,
another invasion. ' "ran-
"To prepare for wa'r in lime of peace," is acknowledged to be wise and )
politic. To provide in time of quietness the-meana-to-sttppott-our army, would
surely be considered not less provident; and we are glad to learn that measures
will betaktn to secure what few cattle the Mexicans hat e leftin the. western
part of Texas; thus our army may expect to secure beef And to this stock of
meat for the supply of our arm-, w a would again call the attention of the com-
missary departmentto procure pork on the Guadalupe, instead of importing '.
from the western states, where, we.understand, itis selling from 5 to 6pents. "VVe
have conversed with several of the inhabitants cf De Witt's colony, who assure
us there werethousands of hoggin that,-country last summer, and at this time jy
they mustnccessarily be very fatj and we. have heard it suggested that a com-" ' W
pany pf 50 men, a part of whom to be employed in reconnoitering the country
to secure it from the ravages of Indians, while the rest could be profitably en-'
gaged in killing hogs and making bacon,' to almost any extent. Salt could easily
be procured from the ports of Matagorda, pay. To save pork, or bacon, in this
country, by drying, is preferable'to pickling; and we earnestly hope that so $bi-
good an opportunity of providing our army vith meat will not be neglected ;
and inasmuch as the owners of Logs in this part of the country are anxious to
dispose of them, and on much better terms than could be procured abroad rwitb
the additional advantage which would result to that desolate portion 'of our
settlements, by placing there an effective ranging corps. Why- not pay our
"own citizens, and those too who have been stripped of almost every thing-,' half
ao uiuv,u iui jjui-rwa lt uuat m casa 10 procure it noroau i
A bill, entitled "AnbMestabUsh a General Land Office," is beforecon-
gress, and the limited time whicBttiTslropOSei adjournment prescribes for the'
multitude of business already in progress7cludes, we fear, that deliberation
on the bill w"hich its importance demands. Ve&Wergtand, however, that a
postponement till the next .session will be suggested, amV the meantime the
empresarios willbe required to make report of the state of ttxjr respective co-
lonies, which will enable congress to organize he land departmvjt in all its
branches, in a manner less exceptionable than could possibly be done
sent circumstances.
ler pre-.
!v jEBS&
Our valued friend and citizen, deaf Smith, left this place on the Gib, forHhe"
west. He wilLmost probably make his head quarters at San Antonio de Bexar
and will doubtless be joined by anumber of our citizens, who, with so indefati
gable and efficient a spy at their head, will not fail of knowing where our enemy:
is, uuu give us umcjy uuuiuu ui uis luuveiutmi. tviui ovu sucn men us aeaiparJTtSKJ V
Smith, all the .Mexican host could never again reach ban Antonio. We hope ffr
that Mr. Smith (we say Mr. for that is the highest title which he consents Jo- f .
bear) will regain his health, which had become impaired from excessive fatigue .
in the Brazos country, the past spring and summer. " "--
The weather for the last several weeks has been remarkably fine; little
rain, white frosts and dry northers.
We deem it necessary to claim indulgence from the public for the typo-
graphical errors that from time to time have appeared in our paper; the quan-
tity of printing done at this office, and the haste attendant on publishing semi-
weekly, must plead our excuse. A whole line was inadvertently inverted in
last journal, in the proceedings of congress, stating that the senate arrived at
the house of representatit es by invitation, and the house then adjourned till
three o'clock.
SHIP NEWS.
The prize schooner Juana leaves our landing to-morrow-tfor New Orleans."
job will, we understand, be immediately undertaken.
---- -.."y.w .. .... uniuncu, uuiu jriujuueipnia, urnveu at tne januiug on
the Sid inst. with sundry merchandize. '
OFFICERS OF THE SENATE.
M. B. Lamar, President.
Richard Ellis, President pro tern.
A. M. Tompkins, Reporter.
'"SiS c R-$cmC Secretary.
-;,.. Jvr.'FARLEr, 'Assistant 'Secretary ."" " "T JK,
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G.& T.H. Borden. Telegraph and Texas Register (Columbia, Tex.), Vol. 1, No. 45, Ed. 1, Friday, December 9, 1836, newspaper, December 9, 1836; Columbia, Texas. (https://texashistory.unt.edu/ark:/67531/metapth47910/m1/2/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.