The Laws of Texas, 1822-1897 Volume 1 Page: 673
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Proceedings of the General Council.
125
43—vol. i.
( 673 )
To the Honorable, the President, and
General Council of the Provisional Government of Texas:
Your committee to whom was referred the letter of Col. J. W. Fannin,
junior, report,—
That from the character of this gentleman, and his relation to the
Government, with the advantages possessed by him for diffusing correct
information, no doubt can be entertained of the correctness of his in-
telligence. From the facts stated by Col. Fannin, a high handed and
unlawful course has been pursued by certain individuals, as regards the
disposition of the schooner Hannah Elizabeth, and her cargo, driven on
the beach by the enemies armed vessel Bravo.
This schooner appears to have belonged to the United States of the
North, and freighted by citizens of Texas; the owners taken prisoners
by the Mexican vessel, together with a number of passengers on board
the schooner.
By a course of fortuitous circumstances, she was gotten possession
of by Capt. Hurd, sailing under our flag, and whose vessel is registered i n
Texas, assisted by some citizens of Matagorda, together with eleven pris-
oners, without any adjudication, and under the most suspicious circum-
stances, a pretended sale of the cargo and vessel was effected by the cap-
tors.
By the organic law of the Provisional Government of Texas, the Presi-
dent and Council are constituted a court of admiralty, having to decide
all cases coming within such jurisdiction.—By the conduct of Capt. Hurd
and his co-adjutors, a disrespect, if not a decided contempt, has been
manifested for the laws and high tribunal of the people, in this matter.
Your committee therefore advise, that one or more commissioners be
appointed by this Council, one of whom to be from this body, and com-
missioned and instructed by the Governor, forthwith to proceed to Mata-
gorda, with full power to seize and sequester the schooner so taken, with
all her cargo, wherever to be found, and institute an enquiry; to call be-
fore them such persons as may be necessary for a full development of
facts; and with powers to arrest and send such persons before the court
of admiralty, as may be culpable or guilty of unlawful acts in the busi-
ness; and to suspend the commission and registry of the commander,
and of the vessel "William Robbins,” if the facts require it, and report
noth all possible expedition to the Governor and Council of their pro-
ceedings.
We also advise that the Mexican prisoners taken on board the cap-
tured schooner, be held in safe custody, to answer for the treatment and
exchange of our citizens in the power of the Mexican officers. To this
end your committee advise the adoption of the accompanying ordinance
and decree.
The foregoing report was adopted, and the ordinance read the first
time; when the rule was suspended,-and the ordinance read the second
time.
On motion of Mr. Barrett, the blank in the first section was filled in
the first section, with the names of Thomas Barnett, Robert H. Williams
and James Collingsworth.
The rule was further suspended and the ordinance read a third time;
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5872/m1/681/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .