Democratic Telegraph and Texas Register (Houston, Tex.), Vol. 11, No. 21, Ed. 1, Wednesday, May 27, 1846 Page: 2 of 4
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instramentfof writing shall be considered asrecord-
eWrbrrI"ilie time it was deposited for record,and
, the recorder shall certify and attach to every such
' instrpinent of writing so recorded the hour, day,
. monlhTand year, when hejecorded it and the book
ana" page or,paS;es in which It is recorded, and when
so recorded, deliver the same to the party entitled
hsretojor to hfeprder. ""
"Sec. 45rBe it further enacted, That each Te-
ofdeiislTall provide and keep in his office a well
"fb'ourfdbook.andmakeind enter therein anindexin
- ajpBabetical order- to all books of record wherein
deeds,r mortgages or other instrument 1f writing '
'" concefmnsfands and tenements are recorded, distin-
shalUcdntaih the names of the several grantors and
4& - guiihing tb&books and pages m which every such v of the exercise nf
deeu-orSvnting is recorded. is certainly a singula
'SicflK Beit further enacted, That such index country of written
B( 'v ' r i llu " citou me uccu
""betipaby a sheriff the name of the shcrifTand"the
"defendanrih execution, and if by executors or ad-.-rainisirafofs.their
names and the names of their tes-
tatorbXintestales, and ifby attorney tlie name of.
- "such?attorney and his constituent, and if by a com'-
missioner the name ofsuch commissioner and the
person whose estate is conveyed.
K . S1fo 17.- Be it further enacted, That each recor-
. rlet shall in like manner make and keep in his of-
jjice a full and perfect alphabetical index to all
bpojkstofjrecord.in his office, wherein alL instruments
t)fwritlngh relation to goods and chattels or move-
ablojproperLy, of any description, marriage' contracts.
A arJtiLjmwersof at torney and all other itistuimeljts of-"
-", wriUnjfauthorized or required to be recorded in his
. v .. office reTecoTded, and a like ind&x of all the books
! gfjMcdrd, wherein official bondsj are, recorded the
iiatiies of tlie officers appointed and of the obligeis in
" Jhrfy. bond. recorded, and a reference to the Jook and
page where the same are recorded.
k -"Secg. lgB5 it further enacted, That if any re- .
cbrder ip whom any instrument of writing nuthor-
- iedkto be recorded by him and proved or acknow-
ledgjl according (o law, which shall be delivered-
fdrrecdrd, shall neglect or.refuse to make an entry
Hhgrej)fi(er gTve a receipt therefor asrequired by this
.icfj8rfiall'neg!ect or refuse to record such insj.ni-
me3wt"nVriiing, within a reasonable time aflere-
!aifc Cl ' oiiiiu ici.wiu uny iiiai.1 iiiijuntuifr
tMuc6iing me sameproperiy or any part inere-
efofeahoiher first deDdsited inJhisofficennd en.
titijech be recordedjOr shall record any such instru-
meTittncorrectlyo'r shall neglect or refuse to pro-
Sdeaiid keen"!!? his office such indexe- as are re-
tiirefl by this Ke shall forfeit and pay any sUm,
juibVeScecdingffre hundred? dollars, to be recovered
onjrnDUonm nc-aisinctcour one halt tonhe,useot
JfaifSco
be!able to ihcphrty fbrall damages he, may have
.sustained thereby bejecoveredjbysuit on the offi-
clalibona
the county i
tiesT
SiCSlSr B?,itim!icr'riacitd,,kThis actshall
shSJ
hHJlTlake effectanailf in force froffrand, af;ef the!
secona Jiondavr in
imirr ic,ie mtt.fi.n, .,ri r.
tjiatiime all lans'aijd pans oflawsiconflicdng
'i.ijr iuiu ".UVWv""1 itu ditui
witn
iliCtproviions ot tbis'ticf, be and xhe same are here
hy-ieneaJcd. '" -f
(Signed.) VL II. BODRLAKD
i . Spedker of the House ofUepresentatives. '
(Signed A. C. MORION.
President of the Senate.
ftjinetl) J.liNURINfcJY JiElNDliJRSOJN.
A'co'mpared and fme copy.
: --SPEEDH-OFV. E. HOWATiD,
It? ihts Cbnvcniion pf Texas, on ihe following provision
iudhe. report pf ihe Committee on General Provisions-
vapant and unapprralcd lands of ihe'Republic of'I'exas,
herptoforefnaBt! iwhlhePcsident thereof, shall be sus-
pended and cease from .and after the adoption of this con
stituiion, by tbp people of Texas, bat the lights lo lands;
ofncloal severs already introducrd in conformity ith
the terms ofnHcconrracts, are iierebi' gnaranletd; and
the'liegillalufc'sijliH havllhe powerlo pass Jaws neces-
sary lonnaintaining the same, and laws to enable the
. cototcicqg,who entered into the contract with the Presi-
dempo institute suits agaiflsl'lhe Stnte, for the recovery of
rryuidemaitjuo which they may be equitably entitled."
MrgHowazdsaU : 'Mr. President, that which distln-
ffBishtsthe'goperrrmcnt of civilized from sarage life, is Us
rtpetferMrTgbis. With the barbarian might makes right;
hut-itisjioastgf !cipiliz4liont that by a government of
Jarisjylna uniformly administered, protection is
sifTprdeJ andjnstice, administered equally to the strong and
jaweak. Blvnen government 13 diverted fiom'lhis
Sinlo an e.oginevoT opposition, and individual obejv it
degenera'esi' ti tyranny and becomes a curse.
ifiVpro posed by nn arbitrary edict of this Convention
Ijy abrogate o'rfdnnunhe contracts for colonization into
v:3ffi6Republic has heretofore entered. Jt is -urged,
hihsRgsh'bufd pursue -this-extraordinary course; 1st,
bgad?paiKesccoptffl's nvere unconstitutional,; 2d, be-
capse iHr'werd" fr"abdulint and,8d, because thu;public
policy jof the country has changed since they were entered
'into.
"In ordeMo-supportjftbis measure, the advocates of it
have found itfnecessary to maintain that this Gonvenlion
hjspowr to do all things, unrestrained by any rule save
i s'owo notions of expediency. I deny this positional
tueilvrery.lhrcshhbld of the inquiry. The idea of unli-
flicnowcr,has no ancfcorageon ihis-sideof the Allan
y tic fcJUisassosiated only vyiih tbeboustringofthe Sultan,
andohe KnouT.ophe IJr. To -maintain such a position
iij2lficontfuna nam wituurute lorce.
fthW it is admitted inthe'discussion. that the Lewis-
I jererunihe absence of a v. ritten Constitution could
but" righ'tfriuy exercise such a powerfit is insisted that
ihfsConvectfon, asthc depositoryof all the proplr, has
no-IlnSt but its discretion. I deny-tbe position. 'The Con-
.veuiion. is the depository -of political power, can, In the
"iiStturct of Hhc-wst-, possess more power (.ban a major-nyfcftthajp-ople.
Admitting firthe sake of argument,
tiiet tbcfptjojile "have delegated all their governmental '
rAiwojKJiejLConvcntion. -the power vl the latter canrot
ejjceeuRbrf4fithe people, which is the right of the mijor-
itoaaopt,such. measoics as will ensure the peace, se-
rurjtvandfnDpine5sof society. Whatever may be the
bcffioorcc'jiftbe majority, I deny its power asji qucslion
"jgb under the pre eace, of governing, to adopt suh
ffimasurjJs asktnd lo Jthe dissolution of society and the
dolttmri jrrKsjpial order. I maintain, that government,
whether jhe'nltirnate &o ereijnty be lodged in the hands
opifctgvhole people, has no right to violate the
Jawofmare or ihe'ociaT compact. When man submits
hlme!mdlhe laws of scciety and govemmen he sur-
Trtitlei!fSs"o Thych" of his natural liberty as the legitimate
i'ndf sooieiy'and government require- but be does not
yivTbthit which wjuld be destructive of all socii ly and
hisjpwaiexuience. In England, where the Parliament
ifijdfplared pmnipotent, itia well s tied axiom of the
fnWfJhat-axt itute contrary to the law of r.a u.-e is void,nnd
rrpa.ni inn. hunrpiae ucn i 01 me un icu oiaip.i nnm imt
3U -. - W . r.L T7'..j'n. .-". ...
sifw vialaiing' the social compact, or natural justice,
u,ou!d be void on gnci-a' prircipbf, independent of con-
s?i'ntij&al inhibitions. And, the illustration they put are
I. 1st Co L'lt , II, a.; 1st Bl. Com., 58,41,43; Lsg-
al M.ixm5, 17.
2 31 Daia-j CS6; Clh Cranch, 87 'j 9th Crancb, 43.
uatv arm the other half tontheTuseofthe Der-
.nnrB!lrt3hjH ciwifnp flio ;nn-o cunli loVIr linrino.
S-:hrffi'navR nntlvp. nMnnJinnfi rnnfinri .-Tnrlfchnl nlcn
ot suctTTecorcer,givciiby him as. olcfk of
cou rt,taiiistsuchTclerk .and.hisTsecuri-
.&, '
ii.i
yApprovet
li
neou not OAgpcyrd Lt iNor is this tne mere speculation
ojjjbephucjpser inJii$c!osetv Itis'a part of the juris-
mueicftOMhe country. In the cases ofOalder &
BTillTf ictier P.ck. and Terscl & Tavlof T21. the JLd-
the cases, when the Legislature should declarean act cri
I minal which was innocent in itself; or make a man a
judge in hts own case; or take the property of A and give
it to B, all of which they say would be void on general
principles without the aid of the Constitution. The great
commenta'or on American law, asserts that the right " to
acquire and enjoy property, is agnatural right;" 1 Bur-
lamaqui, declares, that, though the Legislative be a su-
preme, yet it is not an arbitrary power; but on the con-
trary, it is limited in several respects'. Again, he says, the
sovereign has rights "over the estate of his subjects prin-
cipally in three different manners." The first is regula-
ting the nse of it by law. The second, raising subsidies
and taxes. The third is the right of the eminent do-
main. It should be recollected that the author is treating
power in monarchial governments. It
r opinion, that government, in a
Constitutions is less restrictfd than in
absolute monarchy or that the majority of the people
may tyrannize through the means of the majirily loan
extent beyond the recognized power of the Tudors in an
age 01 absolutism, it so, we nave made but small pro-
gress in the sicncc of government on this side of the At-
lantic. Oppression is but sanctified because done in the
name of thepeop'e. The two first grounds assumed for
annulling these "rants are, that they were fraudulent and
unconstitutional m their inception. It is not denied that
these aro pun ly judicial questions; but it 13 said that
the Convention possesses all power, if it sees fit to exer-
cise, ir, legislative, judicial and executive. Be it so if
it proceeds as a court, it must clothe its proceedings with
judicial powers. If it proceeds to annul a grant on the
round'of fraud, the party must have his day in court.
He rrvust have notice time to procure his witnesses, and
be-hcard-at your bar in defence of his rigbts. It is a fa-
miliar principle to every lawyer, that an exparte judg
ment, without notice, actual or constructive, is void, al-
though the court, with notice, would have had biris-
dlirtion over the subject matter, it is a universal principle,
tounded in natural justice trom which an exparle judg-
ment of this Convention obligating a private richt can
btain no exemption.
How is it proposed to conduct this proceeding?
Fraud is charged in debate with the wildest declamation
without the shadow of notice without a tittle of proof
without so much as taking evidence before a committee,
it is proposed to annul thcsolemn contracts3nd grants of
the government I I say nothing at pfcser.t of the mon-
strous injustice of so vile an act of repudiation I deny
the power of this Convention to perpetrate the deeds I
controvert the power of this government acting through
a Convention on n charge of fraud, to resume its own
grant by an exparte proceeding which denies a hearing
to the grantee.
k. The position, that these colonial contracts are uncon
slitutional, is liable to the same objection. It is a judicial
question, and must be judicially examined, after notice
and a hearing allowed to the grantees. But the posi-
tion is clearly unfounded,. lingoes upon the ground that
inasmuch as there was a general lien upon the publi :
lands for the paymrnt of the soldiers and the other public
creditors, the grants 'to the contractors were unconstitu-
tional. It is not pretended that there was any specific
lien on the patticular territory covered by these grams
1 Jne report ot the (general Land Office shows, that after
discharging all militarvclaims there will belert ISO n i!
lions'otacres of public tlomain, which will be more thin
sufficient lo -dischaige a public debt, which no one csli-
plates at more than ten millions.' These contracts are
grants of all the territory within certain, specific and des-
criptive boundaries to' be reserveaXaiT settlement bv the
grantees ofia certain number of 'families in a narti'cu'ar
way, and w ithin a certain time, to which families the,
contractors are to give-not more than fi40 nor less than
tlQO .acres ofland.jth a further provision, that tothe
government is reserved every alternate section,' w'ith a
right to the grantee, in.some'of the contracts, lo purchase
theiihcrnate section bv pavingI2dollar5-in ccsh'and'eiO
doflarin thelidbHities of-the Republic. Jr,willbcad-:J--1-att
tlic-r.nnlrnrffrs-. tin ve -pnifjjtsiTffipfrtt rnngltL
arrxlirtri In rllnnnrfiihn My.rfnntn A TJT- . I ?
biuiiuii tu oi.ijiviijyLij; kuilliuklf, illU 111 LOHltimpiaUOn
of law, at least, ihe advantages arising from the settlement
of one hall of the land, with an indus'rious population,
will augment in an equal degree the'balance of the other
half which is reserved lo the government. It will alr be
presumed that the $652 for each alternate section, which
the contractor pays, would be a fair compensation for the
wnoie uno settlement had been made. In pomtof fact,
THso, it is questionable whether -the .government could
have sold the land for as much in its own liabilities! as
the contractors have stipulated to pay.JYlv own opinion
is, that these contracts have incrcaseJ the ability of the
government to discharge its debts; and that more will be
realized from the alternate sections ofji populated country
than could have been olt lined from the whole of a dis-
trict which would have remained for many years a mere
hunting groundfor the Indians. -But-whtther the policy
aod the contracts were wise or unwise in a fi lancia point
of view, cannot effect their validi'y in any legal bearing
of the question, as it is not doubted lhat ihe Legislature
had the right lo sell ihe public domain, and lhat these
grants .were mrd; under its authority expiessly delegated
for lhat purpose. Admitting, however, for the-sike of
argument, lhat the law andgrants'are clearly unconstitu-
tional, still I maintain that the question'cannot be exam-
ined in this form, but is open to judicial inquiry only.
It is urged by the member from Eayette,-Judge Bay-
lor, that since these contracts werp entered into, annexation-
has taken place, and the policy of the country is
changed, and lhat we have a right lo annul theseion-
tracts and take the land-for 'public use.'
It is an elementary principle of internationaf law, that
a revolution or choua of government does-not affect any
pre-eKislinff private, rights. This nrincinle has hpPn ro.
peatedly affirmed by the Supreme Court of the United
States in passing upon French, Sp-inish Tind British
grants. Vattel, B. 3, C13,sec. 200 ; '7 Peters, 51
The change of policy can give no additional power to
the new government over prior contracis and Tan's
The new government in tbis'respect occupies precisely
the condition of the old without acquiring any more ju-
risdiction, The right to takeprivate property for public usa,or the
right of imincnt domain, is a different principle, and
stands on other groands. The principle-itself is one of
limited chiractcr, contined to the right to lake in-war the
properly of individuals necessary for the public use, and
in othir cases, not extended beyond the right of way and
its iricidents, ond the right to take and destroy, property
in cities for the public safety. - It must be clearly a case
of public use and not a measure merely to swell the pub-
lic treasury or to consult some fancied 'public policy, like
the measure proposed. And Chancellor Ivenl states the
.uniform modern doctrine to be; that when private properly
,is ttken for pubii: use.a compensation musters be given
or provided, or the act of appropriation is void. The
section under consideration provides no compensation,
but only the desperate remedy of suit against ihe Stale for
indemnity, without any means of payment in case of a-re-coVery.
M
The same jurist says, that " it undoubtedly must rest,
(1 general rule,) in the wisdom of the Legislature to de-
termine when public uses require the assumption of pri
vatc property; but if they 6hould take iLfur a 'purpose
not of a public nature, as if theLegisIature should lake
the property of A, and give-itlo B, or it they should va-
cate a grant of properly, or of a franchise.Minder'lhe pre-
text of some public use or service, such cases would be,
gross abuses of their discielion, and fraudulent attacks on
private right, and the law would be clearly unconsti-
tutional and void." 2J vol. Kent's Com., 340.
Who does nol see lhat-this is an attempt to vacate a
grant of properly under the fraudulent pretext of public
use? It is a bare faced attack on private right, without
a pretext o( public use, which always proceeds on a sup-
posed public necessity. There is no necessity for taking
this land for the public use, forthe State has without it 180
millions of acres ol vacant public domain, 'li has no use
for it, even as a territory, to populate. On the principle
of taking propery for public usp, it would be much ea-
sier to justify a seizure of nil ihe money and personal
propetlyof its citizens For such an act, it might plead
some necessity in the wants of the public treasury; but
for ao approprinlion of these wild lands, of which she al I
ready has more than 'enough, no justification can bo
shown. It would bean undisguised and unjustifiable act
of public aggression. 'Let us see the 'practical operation
of this principle as sought to be applied by the learned
gentleman. There is no provision in the Constitution
of the United States, which forbids Congress to pass 'a
law impairing the obligation of contracts.
Suppose, then, some anxious aspirant for the Presiden-
cy, surveying the vast valley ofthe Mississippi, s'nddtd
with cities and towns and teeming with opulence, should
say to the balance of the Union, " we sold this country
for a mere trifle, since then ihe Indian has been expclieJ,
the forest subdued and the face ofthe land crowned with
the riches of civilized life. It is obvious the public policy
has changed. We want this country re transferred 10
the public domain to raise means to pay the public debt
and cairy on splendid latibnal woiksl There is ro
difficulty inthe way, forjt has been dLcovc-ed by a learn-
ed Judge in Texas that we hive a right to annul our for-
mer sales and take the rountry for "public use I" And
if the principle insisted' on be correct, the government
misht sell the same territory, and then resume the grant
as often as the speculatiop should be found proft ble.
The Convention is urged to prompt action on this mat-
ter by many ofthe gentlemen who have addiessed you,
sir, for the reason that when we shall have been admitted
into the Union it will not be in our power ti take such
action in consequence of the prohibition of the Federal
Constitution. Sir, I maintain that we are now restrained
by lhat gnat instrument from the adoption of the meas-
ure proposed The Constitution of the United States for-
bids any State's passing a Iuv which impairs the obliga-
tion of a contract. Texas is not at this moment an inde-
pendent State. Wo have accepted the resolutions of an-
nexation passed by the'Congress ofthe United Slates
We have already parted with a portion of our sovt-
nignly. We cannot make a separute treaty with Mex-
ico, nor enter into alliances or separate treaties-of com-
merce with foreign powers The resolution declares
"that Congress doth consent that the territory proper-
ly included ithin,tnd rightfully belonging to the Re-
public of Texas, may be created into a new State, to be
called the Siateof Texas, with a republican form of gov-
ernment, lo be adopted by the people of said Republic,
by di-puites in Convention assembled, with the consent of
the existing government, in order that the same maybe
admitted as one of the States of this Union." The consent
of the existing governmnnt has already been giv'tn, the
resolutions hae been accepted by this Convention, and
that acceptance signified to the cabinet at Washington, and
the troops of the Federal Government, have taken pos-
session of the country. -."We are created into a Stale,
with a compaet for final admission into the Union as
soon as our Constitution shall be piesmttd, and bo pre-
sented with a republican form of .government. We
come, therefore, within the language of the prohibition
of the Federal Constitution, which declares that "no
State" shall pass any law impairing the oblisatlon of a
contract. We are under the flag and the protection of
theFtderal Government.
Wbatecr may be'thought of this view of the sub
ject, I cannot be'roistakeoin the position that no clause
111 a State Constitution can be valid, 'which violates the
1 Constitution of the-United States. Such a provision conlil
have no higher-sanction than an unconsliiutional act of a
S'a'e Legislature. Il will not be contended that it is in the
power of Cungr ss to make valid a State law which viola-
te the Federal compact. Neither is il in the power of a
State, by revolutionizing, throwing offthe ordinary forms
of Irtrislation, and acting through a convention, to p.is a
law i npat i-ig the obligation of a contract. The resolu-
tion ofthe Convention would still be a law, and the, law
of a Stale. It is nofin the power of a State to evade the
prohibition by a change of forms or names The Con-
stitution of a Slate is a material part of the law which ad-
mits it into the Union. It must be obvious, therefore, that
nsection in it, contrary to a provision of the Federal
'Constitution, as well as the act of 'Congress ratifying-it
wouiu oe unconstitutional ana voia, as much so as an act
ofdwLegisfalure-riass--calUui
They'both stand on ihe same footing as-tawrof-a State. i
For it has ofienbeen decided that each section in an act of
the Legislature which presents a distinct and independ
ent proposition is-a law, ana mat one, section may be va-
lid and another void, and in relation to a constitution the
rule is the same.
The effect of the measure proposed upon the contrac-
tors would be precisely contrary to that which is desiied
by its advocates. -So fkr from operating to annul the
grants, and deprive the contractors of their premium
lands, it would discharge them from the conditions, and
an oungations to complete me settlement, it was-decid-ed
by the Supreme Court of the.United States, in the
case of Arredondo, upon well settled principles, that
when the government, by its own acts, rendered it im-
possible for ihe grantee to comply, h took the land
absolutely, and freed from hi3 part ofthe contract .
There is no doubt ibat ihe adoption of the 22d section "
would have the effect lo release the contractors from the'
introduction of the settlers, and at the same time enable
them to demand not only iheir premium lands, but all tho
advantage they might have derived from their contracts
with the settlers in being authorized lo stipulate for' giv-'
iog less than a section to ajaurily. .In other words, they
would receive all tbey .could possibly have received from
a full crimpliancr. It is ilot thepa'it of wisdom forthe"
Slate to place thise contractors in such a position, that we
cannot take advantage of any failure on theii part to
comply with the grants. lf they are fastened upon the
country, it is manifestly for the mleiest of the State that
the population should be introduced, and the line of our
frontier extended
Much declamation has been introduced into this sub
ject which does nol belongUo it, s-nd 4s entiiely foieign
nom tne question in JitD tie. We are constantly remin-
ded of the poor soldier-who by linse contracts has been
deprived of this territory upon which lo locate his lands.
Sir, there is still a boundless terntoiy open lo his claims.
But the poor soldier has in reality Jmle interrst in this
question. Unfortunately, he parted with his claim for
me small pittance which his present necessities demand-
ed, and this Jand scrip is-now in the- bands of a few spec-
ulators who wish to destroy these granlb lhat ifity may
sieze upon and appropriate the country which the capital
and population intioduced by thse contractors has ren-
dered valuable. It is not the soldier, but the speculator,
who is clamorous for tho destruction of these giants.
For my own part, I had rather see tho country popul
ted with small proprietors, actual cultivators of the stnl,
than to see it monopolized by a few large landholders
who will retard its settlement and growth. The country
appropriated by these grants is remote from market, and
far better adapted to small grain and grazing than the
growth pf -the .heavy staples. It is a. country which of-
fers many more inducements to the farmer than the plan-
ter. In the hands of an- industrious population fiom
the western and northern States, it will becometprosper-
ous and opulent. It is true lhat a large f onion of the
emigration to this region is European; but the honest and
laborious German has nlwnys been found a valuable cit-
izen in every part of the Union. His industry, his love
of social order and his attachment to our ins'itutions aic
proverbial. ;fe will force back the savage and can v civ-
ilization into ihe useless and unproductive wilderness
Let us then maintain the interests and honor of the Stnte
by upholding right, and rejecting a measure, which if
adopted, would cover us with indelible disgrace. 1 do ""
not object to any judicial enquiry into the validity of
ihise contracis, but I protest against this arbitrary edict
ol confiscation, alike tyramcal and impotent.
This section ofthe General Provisions of the Consti
tution would be the lawofaStaleud if valid ofthe high
est import, because embraced within the organic law it-
sell. Uoes it impair the obligation 01 a contract In
the cases ol Fletcher and Peck Terret and Taylor, and
in the case ofthe Dartmouth College, it was decided lhat
a grant of land-by a legislative enactment, or by virtue
of a law, by the legislature, wasa contract, and protected
by the constitution, whether the grant was executory or
executed That it amounted to a contract on the pirt ofthe
State, that it would not resume the grant thS:a e laws in-
tended to have that eftlcl were jronounced null and void.
Ihe fm thur ground v.aslukui, lhat the parly granting
could not annul us own fjrsnt for fraud or illpjralitv, bm
that it could only be done by judicial enquiry. The 22d
section of tho General provisions is a profound "law,
which proposed to annul and resume grants-heretofore
made in pursuance of an act of the .Congress. It would
therefore, be a law impairing the obligation of a contract,
enacted by the party making the grant, and in every view
ofthe case, would be a nullity.
We are asking too much ofthe Congress of the Uni-
ted States when we require them to ratify a Stale Consti-
tution which contains provisions violating 'theConstitu
tion of the Union. We are asking them to ralify'vvbat,
by their oaths, they are bound lo reject. By such a course
we are jeopardizing our admission with the Union and
the whole measure of annexation. Are gentlemen wil-
ling to take this responsibility for the sake of adopting a
resolution which would be void, if inserted iri theconsti
tution? When the whole effect of it could only be to de-
lay the ratification ofthe constitution, and might result in
its final rejection, and the losspf this great measure?
ThFtelegraph.
EDITED BY FRANCIS MOORE, Jr.
Mouston, Wednesday, JtEay 39, 1 8 6.
Indian Treaty. We learn that the Commis-
sioners, Messrs. Lewis and Butler, appointed by the
general government to tieat with the Indians of
Texas, concluded a treaty with theJ3hiefs who had
assembled at life council ground a few miles above
Torrey's trading house, on Monday the 18th inst.
Among the Commnnche Chiefs who attended the
council, were Santa Anna, Mopechupeca, Paynyuca
and Yellow Wolf. The Chiefs of the Wacoes, Kca-
chfes and Towaccanies, did not atlend'-the council.
Much credit is due to.the commissioners for the iri
defatigable perseverance that they have displayed
in the laudable attempt to conciliate all the tribes of
Texas. No pfforr was spared on their part to induce
tho Chiefs of all the tiibes of Texas to unite in con-
cluding a general treaty -of amity with the "whites,
and we regret that circumstances beyond iheir con-
trol have prevented them from accomplishing all
the objects of their mission. They have teen occu-
pied about three months ,in this difficult and peri-
lous enterprise, and have experienced many" bitter
disappointments, and suffered many and severe
hardships. The health of Col. Butler has been se-
riously injured, and most arduous duties jiavc de-
olved upon Col. Lewis, who has discovered a wis-
dom and foresight truly admirable. The Indian
Chiefs expressed great satisfaction that beJiad trea-ted-lhem
with so much kindness and generosity.
The presents for the tiibes had been selected with
miicnftaste and judgment, and were received with
delight by the Indians. We lea"rn that the Conl-
missioiiers intend if-nossible, to induce several df
the principal Chiefs ,of the Commanches to visit
Washington City. They are so ignorant of the
power and resources ofthe whites, that they imagine
as the Seminoles did 'previous to the Florida war,
lhat they cannot be conquered by white men. If
"the'y should visit a few of the principaUcities of the
Union and see the immeuse number of people that
swarm in the streets, they would doubtless b& fully
J-i mpresrcd-wi th-h-sensd -of 'llici f wn weakassfami
would endeavour to convince their warfiors that a
war with the whites would certainly result in their
utter ruin. " "w "-
.1 ,
Capture ok Matamohos. By the arrival ofthe
steamship Telegraph . at Galveston, advices have
been received from Brazos Santiago to the 21st inst.,
conveying the intelligence that the city of Matamo-
ros was captured by Gen. Taylor on the I9th, with-
out the firing of a gun. Gen. Taylor crossed the
Rio Grande near the city, with the main body ol
the regular army, and quietly took possession ofthe
place. The Mexican army has retired to the inte-
rior, and deserters report that the Mexican troop?
are daily deserting by hundreds. The army of
Gen. Taylor, it is said, now consists of about 8,000
men.
Two regiments (with, the exception of 350 men)
were stationed at Baritn; but it was expected that
orders would be received from Gen. Taylor,, for
them to march to Alatamnros on the 2 1st.
Col. Mackintosh, Capt. Page, and others who were
wounded in the late engagements, were at Point
Ianbel. Bth of these officers are recovering.
Capt. Anld of the Telegraph, thinks that the
number of American soldiers that were wounded in
the late engagements, amounts to between two and
three hundred.
The frigates Cumberland and Potomac, and brigs
Somers and Lawrence, remained off the mouth of
the Rio Grande. Several of the other vessels of
the squadron have gone to Yer.i Cruz.
The steamer Nevn entered the Rio Grande on the
17th inst.
By the arrival of the schooner Spitfire, at Galves-
ton, advices have beeti received from New Orleans
tothe 15th inst.
The nens is nol important. Business is exceed
ingly dull in lhat city, and several merchants en-
gaged in the western trade, have failed. .-Owing to
the great scarcity of money in New Orleans the cot-
tou market is greatly depressed. The Cambria's
news, which reported an advance of l-8d in Eng-
land, did not help the New Orleans market. The
average prices are for Good 6 a G 1-4; Common 5
3-d a 5 7-8 Extremes to 7 cents.
The IIon.T. Pillsbury, U. S. Representative for
the western District of Texas, was at Galveston, on
Saturday last, on his way to Washington.
Gov. Henderson with a porjion of his staff, has
gone to the Rio Grande. Most ofthe volunteers of
the State will probably be on the western side ofthe
Rio Grande by the time the -Governor reaches the
western frontier.
We learn that Gov. Henderson has revoked the
commission that he had given to Mr. Catlelt lo raise
a company of volunteers.
Shipwreck. A bark supposed to be the Nep-
tune, with 180 passengers from JJiemen, was wreck-
ed on Saturday last, on the north breaker of Galves-
ton bar, and a lady and two children were lost over-
board. Ftfteeu cfthe passengers were taken off in
small boats, andit was believed lhat the'rest'of the
passengers would be landed m safety, as'severai
small vessels had gone out to the wreck.
The Civilian mentions that a piece of th'e "wreck:
of a vessel came ashore at Galveston Island a few
days ago. The piece says the Civilian, extended
"from the floor heads to the gunwale of a vessel ap
pa'renlly7(n to 1003 tons bnrthenr of oak and j el-
low pine, came ashore on the Island, below the Ca-
ronkahua house a short time since, having on it a
white streak about a foot wide and painted ports ax
intervals of about 15 feet, had been in the water, ap-
parently not more than SOfdaySjaccording'to the
size of the barnacles."
Indian Skirmish. We learn from Mr. A. J.
Yates, that five ofthe rangers belonging to the com-
pany of Capt. Gillespie, came iuto Bexar on the 16th '
inst. and reported lhat a party of eleven Towaca-
ney Indians had stolen several of their horses from
the camp ofthe rangers a few dais previous. They
were pursued and overtaken on the Medina: three
ofthe Indians were jailed, the rest put io flight, and
all the horses and ''plunder" ofthe Indians was ta
ken by the Rangers. An American s"calnv was'fbund
in the camp of the Indians". ..-sLa,-" -
ColHays started from Bexar on Ihe 16th inst.
with a party often or twelve gentlemen for Corpus
Christi. The Rangers at Bexar ar& very ranch dis-
satisfied that Gen. Taylor has ordered them to re-
main at Bexar. They are exceedingly anxious to
join their companions in arm's on the Rio Grande.
A large body of Indians was discovered near the
Sel Colorado a fews weeks since, and it'is supposed
that it was a portion ofthe band of the Commanche
Chief Santa Anna. Many trails, of Indians were
discovered in the thickets near thebattle field, be-
tween Point Isabel and the American'carnloppo-'
'site Matamoros. It appears from this that parties of
Indians are constantly Iioverjng about the seat of r
war, watching the movements of thejiostiletirmies,
and probably waiting like vultureso prey nporFthe
dead. Some persons who recently arrived frorrKe'
Council ground near the Commancrje peak, report
that the news of the battle near Point. Isabel -was
brought bv the Indians tOithat nlace. Inner 'hfifnrp. if-
reached Austin.
- . - r , ---!0 ; --
Falsc Report. The Galveston News mentions-
that Capt. Dnderhill from Port Uavacca, had.
brought news that a report had reached" that porta
few days since, that a party of 100 jGermanemf-
grants, while on their way to the new settlement on
the San Saba had been-altacked bv a large force of
.Commanches. This report is contradicted bysev-
fcral gentlemen who have just arrived from?. Austin.
The enygiants have not been iifthe least molested
by the Indians, but when last heard trom, were -.
quietly pursuing their journey.
'T. t . -
The Civilian mentions that GovtHenderson;iiad
addres;sotetp!hnsonJ
tifying him to report himself in person to thegover4
rior at Brasos Santiago. 4.T
- J
T
"
icoiu turn un. orump wiien xequirea oy.a.
vole of the House, to declare Col. A.C.Hprton duty
elected Lieut. Governor, declined upon the.grounri,
that he had already complied with the provisioniPbf"
the Constitution, by declaring Gen. Darnell duly
elected to this office. He subsequently resigned,
and Mr Bourland was elected speaker, and after
performing this ceremony he resigned, arid Mrj-per-kins
of Brazoria, was elected speakerofthe-Hbuse,
this was thesixthelectfou for speakeMhat has been
held during the late session.
"WT 1Ai. tl..- Af !"t.. t ? it
.The steamship Alabama has been "chartered by
"t
the U. S. government for three months, lo-carry; -troops
and military stores to the army. . '- -
A company ofotbout 60 mounted riflemen, under
the command of Capt. Early, started from Wash
ington county a few days-ago, for the RioGrande,
another company-will probabLy follow them fn a few
davs. - - - -- "4-
Two companies of mounted riflemen .have been
raised in Montgomery county, and are probabiyfnow
on tffeir march for the camp of Gen.Jl'aylor.
Assuming the Respo-nsibilxtv. It is rep'or-
ted in New Orleans that Gen. Gaines has issued a
requisiiion on the Governor pf Tennessee, for four
regiments of 600 men. each, and a similar requisi-
tion on the Governor of Kentucky. He has alsjj-'""
made a requisition on the Governor's of Missouri,
Mississippi, Alabama, for two regiments fromeach.of
those States agiojmung jnjiljjo8400jnen. These
troops with the volunteers that have already been ""
called into service, will probably swell the army of
Gen. Taylor, to twelveor fourteen thousand men.
Premature. An artist of New Orleans, named
Andneu, has taken advantage ol the excitemeuMu
tflat city, and executed a neat and beautiful litho
graph, representing "Matnmnros reduced to' ashes."
This may be justly styled a "fancy sketch," foraa
tliBiCity has not been reduced to ashes, the artist
must-have drawn on his fancy for the details olthc
picture.. - v
Landholders of Mexico. Some of onrcote"m-
poraries predict that the American irmy "wilrthavq
to encounter great resistence from the peopleofMex
ico, ifit should invade that country. We entertain
no such apprehensions. The great mass of the peo-
ple of Mexico have so long suffered fiom the oppres-
sion ofthe landholders, that they would rejoice at
an change. They could scarcely be -induced to
take up arms to defend the soil in which they have
little or no interest, it Is estimated that all the real
estate of Mexico is owned by Jess than 5QQ,"Qo5
landholders, although the population of the coun-
try is estimated- at- 8,000,000. 'ghe great mass of
ths people of Mexico are bought and sold with "the
lands they occupy, and' it is about as improbable
that they can be stirred up to a frenzy of patriotism,
as that the flocks and1 herds will form themselves in
ujuuu miay w ouairuct uie marca Ot tRVacCES.-
1
.V
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Moore, Francis, Jr. Democratic Telegraph and Texas Register (Houston, Tex.), Vol. 11, No. 21, Ed. 1, Wednesday, May 27, 1846, newspaper, May 27, 1846; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth48413/m1/2/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.