Telegraph and Texas Register (Houston, Tex.), Vol. 3, No. 18, Ed. 1, Saturday, April 14, 1838 Page: 2 of 4
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JUDGE ROBINSON'S CHARGE.
Brazoria, April 3d, 1838.
Gentlemen, I herewith' transmit you ;i copy ofl
the charge .delivered by me to the Grand Jury, at
the city of Houston, at the March Term, which i-
afc Your disposal according to vour renucst. Re-
ccivc, gentlemen, my sincere thanks for your per-
sonal kindness and professional support and assist-
ance. "
4 " Your obliged friend and fellow citizen,
JAMES W. ROBINSON.
Messrs, IV. Fari-fax Gray, J. V. Morcland, Juhi
C JValrous, Enquire.
Gentlemen of the Grand Jury, You are select
f patriot alnidsl the dangers and privations that he is ticc thus supported was ilk gal. and that thoie cn-
desuned to encounter while sustaining, Willi las gaged in it may be puniihcu, cilhcrpersonaii 01
.property, his life, and his cacrcd honor, our pi os- by deprialion "of properly. Each nation legislates
perousand eventful revolution, for itself, but its-legislation operates on itself alone.
Piracy is a most odious crime, and punished as This traffic then remains lawful (o thosc'whosc gov-
one of the highest offences, with death, If is dz- "ernments have not forbidden if. If 'ilia consistent
fincd"by the "text writers to" be the offence of de-
predating on the seas, without being authorized by
any sovereign state, or with commissions from dif-
ferent sovereigns at war with. each other. The
law distinguishes between a pirate, who is a high-
wayman, and sets up for robbing, cither having no
commission at all, or else hath two or three and
i lawful man of war that exceeds his commission.
Every man, by the usage of European nations, is
.aw.. -,, t "I..,! II ,1
e'd from among the freemen of .your county, for your- answerable in inc piace wncrc me crime ls-com-intclligcnce,
your morality, and yourinlegritv; and mittcd. So arc pirates, being reputed out of the
iipontha correct discharge of the duties incumbent protection of all laws and privileges, and to be
r, in reform, ilnnnml in .-i irrnnt mr-asurc the 'tried in what ports soever Ihcy may he taken, l'l-
" ' t i r it .. j.. 17" " i t-ra lintn rr i Vio rnmmnn nnrtrmnc n( ni'inl'ini
peace and welfare of the community, it urs is no
.ordinary duty. The lives, liberty, reputation, and
property of your fellow citizens and yourselves arc
in your Jiand3. It becomes you, therefore, to un-
derstand correctly, and discharge faithfully, those
important duties. Custom, and the laws of the rc-
public, make j my duty to,assi3t you in the per-
formance of them, by submitting to you my views
of the laws to which your attention will probably
be more particularly drawn.
1st You have sworn that you will diligently in-
quire into, and true presentment make, of all such
matters and things as shall be given youin charge."
From the plain import of these words you will
perceive that you will not stand justified by a mere
.ordinary, mechanical, or lukewarm investigation.
It; must be active, industrious, Nind intelligent;
searching laboriously after truth, and leaving no
proper means untried to ascertain the truth or fal-
sity of-the charges preferred to you.
2d'. " You have farther sworn, " that the coun-
sel of the republic, your fellows, and your own, you
'will keep secret."
The propriety of this part of the obligation im-
Iposcd on you is equally obvious; Should it be
known, what charges are laid before you, the parities-implicated,
who arc conscious of guilt, would
Jiavc afforded them lime to1 flee from justice, or to
tamper with the witnesses by whom their guilt
could be established. Should you, during the time
you-are in attendance on the court, or at any fu-
tureperiod, disclose the course pursued, orthc opin-
ion expressed by any of ypur body, you would
subject them to the malicious and revengeful at-
i&ck&of the violators oflhe laws. The knowledge
tofr this .result might, and indeed certainly would,
operate on-thc.tiraid and deter them from a laith-
. ful discharge of their duty. This course of silence
-and circumspection is not only dictated by sound
policy, founded on long experience, but it has the
liigh sanction of an appeal to the august throne of
heaven to recommend its adoption. 1 hus are you
"urged to the performance "of your duty by the
strongest tics that bind man to his fellow-man, and
mahMo his Creator.
3. You have sworn "That you will present no
man from envy, hatred, or malice; neither will you
leave any one unpresentcd from fear, favour, affec
tion, or hope of reward."
Remember that you arc-officiating in the temple
, of justice. Let no jealousy, secret feeling of ani-
mosity, or difference of opinion in regard to the or
i dinary relations of life, enter into your delihera
tions.S We boast thatwc arc a people governed by
Maws; that no armed force is necessary to carry
them into execution. That ,wc may so continue, it
is absolutely necessary that our courts ol ju-tice
should.not only be pure, but entirely beyond suspi
ciori: otherwise the laws themselves will fall into
contempt; the ligaments by which society is bound
will be broken, and to depict the deplorable result
would be a painful but not a difficult task.
Our statutes provide for the punishment of many
-offences, and for the residue we adopt the common
4aw of England, ivhere the statutes are silent.
The statutes prescribe the punishment that shall be
inflicted upon the criminal, while we arc referred
to ,the common law for a definition of the crime.
.iFor instance, our statutes provide that whoever is
Jpund guilty of murder, shall suffer dcath;'hut (o
-ascertain what acts constitute murder we arc to re
sort to the common law of England.
Tp present specially to your consideration and
give a definition of every-offence that may come
-under your notice, would transcend the limits of
the time allowed me on this occasion, but it may
not be improper to draw your special attention to
& few of the most important.
The crime of "Treason against this icpublic
sliall consist only in levying war against it, or ad-
Tiering to its enemies; giving them aid and sup-
port." (Declaration of Rights, 16th sec.) And
an act for tho punishment of crimes and misde-
meanors, approved December 21, 1S36, provides,
ii That every person owing allegiance to this rc-
f ublic, who shall levy war against it, or adhere to
its enemies, giving them aid and support, or shall
carrv on any treasonable or treacherous corres
pondence with them, shall be deemed guilty ofl1
treason, and on convicuuu lucrum uy uie testimony
4f two credible witnesses to the same overt act, of
which said person shall be indicted, or upon the vo-
luntary confession of, the parly accused in open
court, shall suffer death." And writers on interna-
tional law affirm it as a fundamental rule, that
" the laws of treason, .which are binding upon all
persons resident within the territory, since such
persons owe a temporary allegiance to the state,
may be applied to foreigners, if committed within
its territory. But these laws may be applied to
citizens, in whatever place the offence is commit-
cd, since their allegiance travels with them wherc-
ever ;ney go.
This is tin highest crime known to the law;
thcr crimes only destroy individuals; this strikes
at ihe foundation of civil society, and would anni-
hilate the government itself. Such a monster de-
serves, and no doubt will-receive, your utmost at-
. ' " . .. .t . 1 -1 . - ! i ft !
anq vigilance, mat wniicyouiniiictpunisii-j
tutor, you ciiecr tnc ncart oi tne
rates being the common enemies of mankind, and
all nations having an equal intcicilin their appre-
hension and punishment, they may lawfully be cap-
tured on the high seas by the armed vessels of any
particular state, and brought within its territorial
jurisdiction'for trial in ils tribunals.
By thcyth section ot the general provisions ot the
constitution, it is declared that the importation
of Africans or negroes into this republic, excepting
from the United Stales of America, is forever pro-
hibited, and declared to be piracy." And an act'
upplcmcntary to an act for tne punishment of
crimes and misdemeanors, approved Dec. al, lboc,
provides lor fully carrying into effect the foregoing
provisions of the constitution, and I trust you will
strictly enforce these salutary laws for the suppres
sion of the cruel traffic in human flesh and biood,
which has too long disgraced the civilized and
Christian nations of the earth, and which has been
denounced by all governments under the influence
of the descendants of the Anglo-Saxon race. But
while we drop the tear of sympathy at a recital of
the woes of injured Afnca, and wifl arrest the op-
pressor in his lawless exercise of power over his
unfortunate captive, as far as the laws wijl permit,
yet we must remember that there is a limit beyond
wnicii we caunot go witiiout ourselves Dccoming
the aggressors. Firacy by the laws of nations, and
piracy by municipal legislation, rest upon very dif
ferent grounds. Piracy, under the law of nations,
may be tried and punished in the courts of justice
of any nation, by whomsoever and wheresoever
committed; but piracy created by municipal sta
tute, can only be tried by that state within whose
territorial jurisdiction, and on board of whose ves-
scls, the offence thus created was committed. The
Slave Trade, though prohibited by the municipal
laws of most nations, and declared to be piracy by
the statutes of Great Britain, the United States,
and this Republic, is not such by the international
law, and its interdiction, cannot be unforced by the
exercise of the ordinary right of visitation and
search. NThat right, docs not exist independently
of special compact, in time of peace. The Slave
Trade cannot be considered contrary to the law of
nations. A court ol justice, in the administration
of law, cannot impute criminality to an act where
the law imputes none. It must look to the legal
standard ot morality; a standard which, upon a
question of this nature, must be found in the law
of nations as fixed and evidenced by general, an
cient, and admitted practice; by treaties, and by
the general tenor of the laws, ordinances, and for
mal transactions of civilized nations; and looking
to these authorities, we nnd a difficulty in mam
taining .that the transaction is legally criminal
The Slave Trade on the contrary has been carried
on by all nations,inciudingGt. Britain & the Unr
ted States, until a recent period. It is not therefore
a criminal traffic by the consuetudinary law of-na-
tions; and tncreiore every nation, independently
of special compact, retains a legal right to carry it
on. Jo one nation nas tne ngnt to lorcc the way
to the liberation of this republic from the Mexican
thraldom, by trampling on the independence of
other states; or to procure an eminent good by
means that were unlawful; or to press forward to
a great principle by breaking through other great
principles that staud in the way. It-can hardly be
denied that the slave l radens contrary to the law
of nature. J hat every man has a natural right to
the fruits of his-own labors is generally admitted,
and that no other person can rightfully deprive
of those fruits, and appropriate them against his
will, seems to be the necessary result of this admis
sion. But from the earliest times war has existed,
and war confers rights in which alt have acquiesc
cd. Among the most enlightened nations of" antl
quity one of these rights was, that the victor might
enslave the vanquished. 1 hat which has received
the assent of all, must be the Jaw of all. Slavery,
then, had its origin in force and violence; but .is
the world has agreed that it is a legitimate result
of force, the state of things that was thus produced
by general consent, cannot be pronounced unlaw
ful. Throughout Christendom this harsh rule has
been exploded, and war is no longer considered as
giving a right'to enslave captives. But unfortu-
nately this triumph has not been universal. The
parlies to the modern law of nations do not propa-
gate their principles by force, and Africa has not
yet adopted them. Throughout the whole extent
of that immense continent, so f.ir as we know its
history, it is still the law of nations that prisoners
are slaves. The question tnen is, can those who
have renounced this law be permitted to partici-
pate in its effects, by purchasing the human beings
who arc its victims ?
.Whatever may be the answer of a moralist in this
question, a jurist must search for its lcg.il solution
in those principles which arc sanctioned by the
usages, the national acts, and the general assent of
that portion oflhe world of which he considers him-
self a part, and to whose law the appeal is made.
If we resort to this standard as the test of interna-
tional law, the question must be considered as de-
cided in favor of the slave trade. Both Europe
and America embarked in it; and for nearly two
centuries, it was carried on without opposition and
without ceiihurc. A jurist cannot say that a nrac-
vvilli the law. of -nations if cannot in itself be pira
cy. It can be made so only by statute, and the
obligation of the statute cannot transcend thclcgis-
litlivc.powcrolF the nation that "may enact it. The
courts of justice of no country execute the penal
laws-of an other. The judicial power of this Re-
public extends first to the punishment of all of-
fences against the municipal laws of the state by
whomsoever committed, within the territory. 2d.
To the punishment of all such oflonccs, by whomso-
ever committed, on board ils public and private ves-
sels on the high scassand on board ils public v.s(.-Is
in foreign ports. 3d. To the punishment of all such
offence by its subjects, wheresoever committed. 4th.
To the punishment of piray, and other offences
against the law of nations, by whomsoever and
wheresoever committed.
Murder is defined to be "when a person of sound
m'nd and discretion unlawfully killcth any reason-
able creature in being under the peace of the slate,
with malice aforethought, cither expressed or im-
plied." If there should be a, necessity for a1-more
minute of this offence, the couit will, if )ou require
it, give you a separate charge. At present it will suf
fice to call your attention to two rules only. 1st.
That all homicide is malicious and of course
amounts to murder, unless when justified by the com-
mand or permission of the law, excused on account
of accident, or self preservation, or alleviated into
manslaughter, by being either the involuntary con
sequence of some act not strif.tiy fawlul or (il vol
untnry)oc asioncd by some sudden and sufficiently
violent provocation. 2d. Unit all homicide is pre-
sumed to be malicious until the contrary nppcarclh
upon evidence.
Manslaughter is defined to be "the unlawful kill-
ing of another without malice either express or im-
plied." And it may be committed cither volunta-
ry upon a sudden heat, or involuntary, but in the
commission of some lawful act. lth Bl. com.
191.
(To br. concluded in our ncxl.)
ADJOURNED SESSION 2d CONGRESS.
KEFOUT OF THE PROCEEDINGS OF THE SENATE.-
Houston, April, 9th, 1S38.
Pursuant to adjournment in December last, the Sena'
tors present convened in the Senato Chamber at 12
o'clock, ju., on tins day. i lie Vico-Prcsidcnt, Hon. M
11. Limar, in the Chair. Present,
Hon. Stephen H. Everett, Prcsidont, pro tern.
" Robert Wilson,
" Jamos S. Lcstor,
" John Dunn,
" G.W.Barnett
On motion of Mr. Evorolt, W. F. Gray was appointed
Bccrctary, pro urn .
Mr. Wm. J. Russell presented his certificate of elec-
tion from the county of Brazoria, in placo of Wm. II,
Wharton, late Senator, resigned, and took his seat.
Thoro not being a quorum, on motion of Mr. Everitt,
the Senate adjourned until to-morrow at 11 o'clock.
Monday, April 10th.
Tho Senate met, pursuant to adjournment. On call
ing tho roll, the following members answered to their
names : Messrs. Wilson, Robertson. Lester, Everilt,
Kains, JJunn, iiarnott, aomerveil,KuSsell.
Mr. John A. Greer, the Senator elect from San Au
gusiinc, in place of Mr. Augustine, resigned, presented
his certificate of election and took his scat
On motion of Mr. Evoritt the certificates of Messrs.
Russell and Greer were referred to the Com-nitteo on
Privileges and Elections.
The Hon. M. B. Lamar, President of iho Senate, ad
dressed tho body in a manner easy, eloquent, and im
pressive. I no following were his words :
Gentlemen of the Sonato, In greeting you on the re
sumption of your legislative duties, I am happy in hav-
ing so many causes of congratulation to oficr, antl so few
tubjects of discontent to lay before you. We are in the
enjoyment of undisturbed repose, and in tho prugrcss ol
the most rapid advancement No enemy appears upon
our borders. Peace, plenty, and prosperity pervade ihe
land. Our citizens,, industrious and orderly yielding a
ready obedience to the laws arc quietly pursuing their
various avocations, greatly to their individual advantage,
and equally cond icivelo the general welfare and national
glory. Amidst these blessing, lot us remember the
Groat fountain of Benevolence from whom they flow,
and ever bear in mind, that their continuance must de-
pend upon fidelity to our country and gratitude to God.
Recently thoro have been some manifestations of a
disposition on the part of the Mexican government to xc-
commenco hostilities. Independently of the vessels of
war which arc supposed to be hovering on our coast, the
President of Mexico, in his recent annual speech to the
National Congress, announces the progress of his prepa-
rations for another invasion of our country. His views
seem, to be sanctioned and sustained by that body; and
were it not for the exhausted and distracted condition of
the coiiutrv, wo might be called again to rebuke in the
battle-field, an insolcntand sanguinary foe, who seeks to
rear upon our beautiful plains, an endunnj' monument
of their desolation. It rests with Congress to determine
what degree of importance ought to be attached to those
belligerent indications. It is not my province to call
your attention to any system of public defence. That
duty belongs to another department of government, and
will doubtless be presented in due tune; but I beg leave
to repeat what 1 have expressed on former occasions,
that it is neither wise nor politic to place too great a reli-
ance upon tho imbecility of an enemy; it is far better that
the national safety should be based upon our own efficiency.
Free from foreign invasion, we aro equally exempt
from internal commotion. As yet wc are strangers to
those political broils and party feuds which prevail in
other nations, to the prostration of their energies and do-
cay of their liberties. Commencing our nation:-.! exist-
ence under the most favourable circumstance, wo shall
be able, in the administration of our affair, to adopt the
most wholesomo and judicious policy. To realize the
high aspirations of patriotism: to rai"o our country to
that proud eminence and distinction which she is capable J
ol attaining, it u only neiossary that we lay aside all
selfishness in our legislature, nnd direct ouricwsto the
general rather than to individual interests. We should
remember, too, that evils arc not remedied, nor good pro
duced, by mere multiplicity of laws; good government
is the rts lit ot the most piticnt, dispassionate and ibo-
rough investigation. Among tho tarinus subjects that
will press themselves upon your consideration, perhaps
none will be of greater importance than the strengthen-
ing of our military posts; the enlargement of our navy,
and the improvement of our finances. If, in addition to
these, we shall give protection to our frontier settle-
ments, supply some deficiencies in tho laws regulating
our national domain, establish amicable rc'ations with
the Indian tribes, and adopt a permanent and extended
system of cducalionwc shall have accomplished all that
the prcscnLccigcncics of the country require. ,
In the progress of your deliberations, I trust there will
bo all that harmony and conciliation so essential to
promptand efficient legisl.flion; that the various ques-
tions of piibliepolicy uliit-h jhall arise may be calmly
discussed; and" that your measures, originating in the
love of country, may be made to rest on the solid founda-
tion of wisdom', justice, and moderation.
With every confidence in vour intcgritv, patriotism.
and abilities, it will give mo great pleasure to unite with
you, as tar as my official station will permit, in whate-
ver may tend to promote our happiness at home, and sus-
tain our character abroad.
The President having retired from the chair, tho Prcs-
sidont, pro tern, took the seat.
Mr. Barnolt, from the Committee on Privileges and
Elections, reported, That, from the certificates submitted
to them, it appeared that JohnrA. Greer was duly elect-
ed a Senator of'thi3 Republic, from the countyof San Au-
gustine, in place of Mr. Augustine, resigned; and that
Win. J. R-issell was duly elected a Senator from tho
countyof Brazoria, in the place of Mr. Wharton, resign-
ed : whereupon the newly elected senators were quali-
fied by taking the oath of office.
Mr. Edward Hall, late agent of Texas at New Or-
leans, was invited to a seat within the bar of the Senate.
On motion of Mr. Somervell, tho Senate proceeded to
the election of"a Secretary. Messrs. Somervell and
Rains were appointed Tellers. On counting the ballots,
it appeared that ten votes bad been given, and that Wm.
Fairfax Gray was unanimously elected.
On motion of Mr. Somervell, the Senate adjourned un-
til to-morrow morning, at 10 o'clock. ,-"
Wednesday, April 1 1 .
Tho Senate met pursuant to adjournment the Presi-
dent in the Chair.
On motion of Mr. Ev eritt, the Rev. Win. Y. Allen was
appointed Chaplain, pro tan., who was introduced and of-
fered prayers.
On motion of Mr. Somervell, the Senate then pro-
ceeded to the election oflhe Clerks of that hody.
Mr. Edward If. Winfield received seven votes, and
was duly elected Assistant Secretary.
Mr. Brashcar was unanimously elected Enffrossin"
Clerk.
Mr. Manuel Sccvcy was unanimously-e'ectod Enrol-
ling Clerk.
The oaths of office wcro administered to the Clerks
elect by the Secretary.
Mr. Evcritt submitted tin following resolution :
BcsohcJ, That a Committee of three, bo appohtcd to
inquire into the propriety of electing a Reporter.
Tho rule requiring the resolution to lie one dajyfor
consideration, was sipended, and the resolution adopt-
ed. Messrs. Evoritt, Wilson, and Groer, wore appoint- .
cd tho Committee.
On motion of-Mr. Barnett, the Senate adjournod until
to-morrow morning nt 10 o'clock.
Thursday, April 12.
The Senate met, pursuant to adjournment ; eleven
members prcsont; the President in the chair.
Prayers by the chaplain pro tern.
Mr. Evcritt, from the Select Committee, to whom was
referred the inquiry into tho expediency of clectiu; a
Reporter to tho Senate, made the followinj- report :
The Committee to whom-was referred tho resolution
having in view the propriety of electing a Reporter for
this house, have hadlhe same under consideration, and
unanimously agree in recommending that the Senate
should elect a reporter. i
" They further rcspcclfullyirccommcnd to the Senate,
as a suitable person to fill the station of rcportor, Mr.
James D. Cocke, whose qualifications are undoubted,
and who, in addition to the usual duties of reporter, will
attend to, and have tho laws expeditiously prepared for
the Press."
The nilo was suspended tho report considored and
adopted.
On motion of Mr. Barnett, the Senate proceeded to tho
election of a Reporter. Mr. Russell was appointed Tol-
ler. The ballot being taken. Mr Jamo" D. Cocke was
duly elected, wlw was forthwith sworn into office by tho
Secretary, and entered on the duties of his office.
On motion of Mr. Lventt, a Committee, consisting of
Messrs. Evcritt, Barnett nnd Wilson, was appointed to
prov ide suitable rooms for the officers of tho Senats.
On motion ot Air. iivcntt, a.tJommitlce, consistim? of
Mcssrs.,E"erilt, Barnett, and Wilson, was appointed to
wait on the.Piesidcfit of the Republic, in conjunction with
such Committee as ma- be appointed on the part of tho
House of Representatives for that purpose, and inform
hinr that the Congrcs is now in session, and ready to
receive any communication that ho may have to make
to them. '
i Ordered, That the Sccrctarv inform tho House of Rc-
prcscntativ cs of the organization of the Senate, and that
il is ready to proceed to business ; also of the appoint-
ment of the above committee, to wait on the President of
the Republic, and request the concurrence of the house.
A message was received from the House of Repre
sentatives, by Mi. Slurgcs, their CJerk, informing tho
Scnnto that tho House was dulv organized and ready to
proceed to business, and that the .following gentlemen.
were inc omccrs oi me uousc, v iz.
Hon. Joseph Rovvc, Speaker.
Benjamin B. Sturgcs, Clerk-
James D. Owen,' Assistant Clerk.
John II. Hcrndon, Engrossing CIcik.
James W. Simmons, Reporter,
George S. Strallon, Scrgcant-at-Arms,
Marshall Mann, l.oor-kccper.
And that Messrs. Jones, of Brazoria, Branch, and Pnlton,
were appointed a Committee on the part of the House, to
act in conjunction with the Committee of the Senate, to
w ait on the President oflhe Republic and inform him that
the two Houses of Congress are in session, and ready to
receive any communication that ho may hav o to make to
thrm.
On motion of Mr. Evcritt, the Senate adjourned until
3 o'clock, P. M.
3 o'clock, P. M.
The Senate met, pursuant to adjournment; the Presi-
dent in the Chair.
JJfr. Kvcriltjfiom the Committee appointed to wait on
the President mid inform him that the Congress is in scs-
sion, reported crba"ly that tho Committee had perform-
ed that duty, and that tho President had replied that he
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Cruger & Moore. Telegraph and Texas Register (Houston, Tex.), Vol. 3, No. 18, Ed. 1, Saturday, April 14, 1838, newspaper, April 14, 1838; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth47982/m1/2/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.