EARLY SETTLERS.
The inhabitants in general are (or rather were) composed of a class who had been unfortunate in life; as it could hardly be supposed that the fortunate, except in a few instances, would voluntarily make choice of a country wherein they were to encouaiter such a number of difficulties as the first settlers had to contend with; who in a great measure were banished from the pleasures of life, and almost from its necessaries. So much so, that many of them had to rely upon the precariousness of the chase alone, for their first yearns support; oftentimes solacing themselves, men, women and children, on the flesh of a wild horse, and that often too, without the satisfaction of seasoning it with salt! although the whole country plentifully abounds ynih. that useful article, particularly near the lower waters of the Coloi'ado, the central v/aters of the Guadalupe, the upper waters of the Brazos and the Na-ches; besides those licks on the lower waters of the Sabine and Trinidad, where (on all, especially the upper licks) salt is to be found in the dry season—to say nothing of the hydi-aulic process—in such profusion as to lie on the face of the earth, as thick as hoar frost in a winter's morning to the north; so that one can, by scraping it up with a small sheet-iron scraper, find such richly in> pregnated earth, as will produce by filtration, the one half of its own weight in pure salt! But at this time (a singular circumstance) every one of those places which contained this precious deposit, were in possession of the hostile Indians, — Cranquhuas, Tonquewas, Wacos, Caddos, &c.; &>c. Even those beautiful salt lakes, sixty miles west by
north of San Patrichia, (river Nueces) where the salt crys-lalizes in the bottom of those shallow waters, in pure transparent stratas of from four to six inches thick, and affording large quantities to be annually taken away without producing any scarcity, were in the hands of these truly exasperated and ferocious foes!
But where were all those flocks of deer, buffalo, and bear, which at that time so plentifully abounded in the country? Either destroyed by so many depredating upon them for a living, or driven by a continual pursuit to the upper parts of the province, where it was as much as a man's life was worth to follow them! For similar reasons, about seven years ago in the northwest settlement (especially in the settling of De Witt's colony,) some families were very glad to receive from the lower sections of the country a little corn for bread, at the exorbitant rate of ■Hve dollars per bushel. But mark the change, it has been frequently had these four years past, in the same colony, at twenty-five cents per bushel!
Again, while smoke-dried horse flesh was in such repute among the whites, where were the poor blacks, in these days of privation and suffering? They were ranging and ransacking every creek and pond, for fish, frogs, and even alligators. Yea, Colonel Groce of the Brazos lost many a good negro, who might have been living yet, had they always been successful in their alligator hunts. But, equal to the change in bread stuffs, has been (long ago) that of meat; beef and pork bringing not more in the home market, than from two to three cents per pound,
CHARACTER OF EMIGRANTS.
Now while the physical condition of the people is thus improving, they are at the same time establishing for themselves a moral character; which may at this time bid defiance (^and that too with confidence,) to any state or province, within the boundaries of either republic, to produce a less number of state crimes, to the same number of inhabitants ; reckoning from the time the first American settled in Texas, up to the present day.
True indeed, while many a poor man with a young and
numerous tamily, looked to the large grants of land given in the country, as a security against future want and dependency, many an unfortunate debtor looked to it also as a land of refuge from his importunate creditors, until he could by the foundation he would receive in land, be enabled to pay at least the principal, if not the interest. We must also acknowledge, at the same time that not a few single men had an eye to the inducements held forth by the government for tiieir benefit. There were several of the lazy and careless, who had their indolent eye turned upon it also, as a country wherein they could live easy; and where they could always-command hospitality, with no little respect from families, if not for their industry, at least for their company in solitariness, and their assistance in time of danger.
Moreover as it lay on the confines of, as it were, two governments, and that to which it belonged being as it still is in its jurisprudential system very defective; therefore did they who had inadvertently or otherwise, become obnoxious to the laws of their own country, find it in no little degree adapted for their better security: but who, in accordance with the opinion expressed in the Programme of this work, as soon as they were rid (whether justifiably or not) of those ti-ammels with which they had been surrounded, let their better judgements reign; and are, as to their present moral conduct, generally speaking, what would be termed good citizens, in any state or territory between the Mississippi and the Rio Grande.
INNOVATORS.
In addition to these four characters, actuated by as many motives, to become subjects of the Mexican confederation, there has been a fifth, as odd in their principle as in their number, selfishly interested and meanly deceitful; who, as the saying is, without rhyme or reason, want to receive the property of one government, while they were determined if possible, pugnis et caldhus, to belong to another.
At the same time unable to bring forth one idea bordering upon moral honesty, or even political expediency for
their Utopian views ever to be carried into effect; either by the agency of amicable negotiation, or unfriendly relations between the two governments, which have so lately been cemented together in the bonds of national reciprocity.
What inducement, in the name of common sense, (putting common law aside,) is there for the United Slates to perplex herself about the province of Texas 1 Is it because her own citizens are, or likely soon to be, too confined within their present limits? Or is it, because the arable lands of her extensive territories, are to the amount of one sixth part under cultivation ? Or, that any thing can be produced in Texas, which will not be found in some part of the southern union? Or, that there is with the exception of Galveston Bay, a single harbor to be coveted by her navy? Or is it, because the sale of those waste lands and public woods, still undeededy would justify the purchase? Or is it, because the inhabitants, no%v voluntarily (to say nothing further) the adopted citizens of Mexico, have a claim on that Government which they abandoned? Or, that the constitution of the northern republic, can ever justify an aggressive war? Or, that the members of its Legislation will ever have a majority, in favor of such an acquisition to the southern interest? Or if they did, that the republican part of the Mexican government, will majorically agree to such a proposition?
But again, if the inhabitants of the province, without the sanction of their federal constitution, were to find a sufficiency of individual volunteers, to assist them in any unlawful undertaking, how are they to be paid ? For paid they must be! no matter how sweetly they may at the commencement blow the trumpet of patriotism; remember the notes are different in one's own country, and even somewhat difierent under any constitution; but at the end of the struggle, (at least of their exertions,) if disappointed of a remuneration from their past enemies, their quondam friends will hear the clarion of plunder (as the patriotic San Antonians did, in 1812 after the defeat of Toledo,) sound throughout their devoted land! So that th® deluded inhabitants, in they- poverty, and their cause in dis-
1
INNOVATORS. 181
grace, would sink into dishonor under the execrations of their former wellwishers, and become the justifiable scorn of their opposers. '
There are, therefore, but two plausible arguments which can be brought forward by such unprincipled speculators, in order to justify their schemes of aggrandizement, at the expense of their present benefactors: (Keep in mind, the Republicans of Mexico, not the unlav/ful usurpers of that government.) The Jirst which may happen, though it is not very likely, is in finding out that the true line of de-markation, between the tiDO governments, can be laid with any degree of right, west of the present supposed and acknowledged boundary. And the second which may take place, with a greater degree of certainty, is, in the Mexican Government, being tempted by the waywardness of their American Texasians, to dispose of the province, rather than be at the trouble of controling them. But to whom would they offer it? to the Republican government of the north ? No indeed! not in that case, but to the Government of England, who have for just such a purpose studied to keep a pecuniary claim hanging over the Mexicans, which their own folly has as yet disenabled them from liquidating. So that it may.be the means, (which may heaven avert) of much war and bloodshed in this our peaceful land; as the American Government would not only be bound by the demands of future tranquility, but by that of self-preservation to interfere, and that too with energy and effect, in order to avoid being as it were surrounded, and hemmed in by that ambitious, over-reaching, and avaricious nation!
The pretensions of this fifth class of Texasians, have of late years been very much supported, by those unconscionable land speculators, who have wormed themselves into the country and its citizens' property, contrary to the expressed laws of the Mexican confederation. Therefore do they dread, and that with propriety too, the ordeal of Governmental inspection. One hundred per-cent has teen added to the strength of this party, since 1832, by the unjustifiable slave holders, who have had two vessel loads of negroes distributed among them, by the Africaff
Q
kidnappers; while they well knew, that their former acta in that branch of business would not stand the test of their government's scrutiny — far less that, which had been transacted contrary Jo the combined laws of every Christian nation !
The reader will perceive by the explanations given, that the actual property holders in Texas are divided into two classes, or parties; the Federal state right party, and the Independent state party, as the United States Unionists see the necessity of joining this last party, not only by their first expectations in entering the country being so hopelessly deferred, but that they may at least, in some small degree, by such a measure be realized.
These two grand parties are strenuously upheld againsi the Government of their country, (no matter what that government may be, whether constitutional or anticonsti-tutional, so it deny the privilege of a separation from Coahuila,) by the ambitious office seekers, who micst receive from the industry of the people that support which they stand, so much in need of, to maintain their pride and ostentatious display; which, without a state government of some kind, would inevitably as common citizens, bring them with all their warlike bravery p^nd rhapsodical eloquence as far below the standard of industrious farmers and mechanics, as they would wish to be considered above them in the scale of society.
Again, the people of Texas as an unsettled body, are supported by the unprincipled merchants both in and out of their country, who have been receiving for years duty Jree, or at the worst nearly so, one hundred per-cent above their prices on the same kind of goods sold in Matamoros, where all importing charges Jiad to be paid, and where they had made their profit calculations accordingly. Therefore, they are willing and (well may they be so,) to back any measure or set of measures, that may in the least degree be calculated to continue their fleecing and unhallowed Texian traffic! Now this Independent party, or those who wish themselves free from all responsibility to any Government, except their own, naturally through the uncontrolable force of circumstances fall into the views
of the Constitutional state party- persuading themselves, that if that can be obtained, they will not only be enabled to build up and erect a sufficient screen of darkness between them and their own Federal government, but in a great measure avoid coming in contact with that Government and its citizens to which so many of the Texasians are indebted.
These many factions through well timed policy are thus amalgamated into one party; as the few dissenters who either live in or out of the country, neither add to nor impair the present dignity of that resistance made, nor the justice or injustice of those rights required by its influential inhabitants; who are enabled to have their opposing strength strengthened, by enlisting the idle and the vicious, whose minds are as troubled as the w^aters they love to fish in, no matter who sinks or who swims, so that they wallow in the midst of that redundancy which, nolens volens, must be found in every political agitation.
POLITICAL EVENTS.
As a proper understanding of past occurrences will enable us with more certainty to judge of the result of passing events, I shall fall back, if not exactly to the time when the Texian Independents, already described, first committed themselves, yet to that period when the Constitutional party, always the most numerous of the two, brought the affairs of Texas, in and through those propitious circumstances of 1832, which transpired so opportunely in the interior of the republic, to a favorable issue.
On the 16tli of July 1832, ColonelJose Antonio Mexia, second officer of the second division of the liberating army (as it was then called) of General Montezuma, anchored off the mouth of the Brazos, with his fleet and forces, composed of five sail and 400 men. Colonel Mexia sailed from Tampico to attack the ministerial forces, at that time in possession of Matamoros, by the intercepted correspondence from Fort Velasco at the mouth of the Brazor, and other places of Texas, about the movements there—v/hich were attributed by the military commandants of these parts, to have for their object the separation of Texas from Mexico!
He had agreed to a cessation of. arms with Colonel Guerra, of the ministerial forces, [which speaks vohimes in the cause of Mexican national integrity,] and sailed from the Braso Santiago for Texas. Immediately on his arrival Colonel Mexia addressed an official letter to the second Alcalde of the second department of Austin's Col^ ony (at that time in Brazoria,) which was worded as follows:
" Sir, I have the honor to inclose you a copy of the convention entered into by the Commandant-in-Chief of Matamoros, and myself, on the sixth of the present month. The Document will inform you of the motives which brought me to Texas; and what would have been my course, had the late movements here been directed against the integrity of the national territory — God and Liberty.
"Mouth of the Brazos river, on board the brig of war General Santa Anna."
In the answer returned by the Alcalde, the succeeding expressions were couched.
"The enemies of Texas — the enemies of the enterpri sing men who have devoted their time and labor to improve a country that was never before trod by civilized man — have taken pains, and are continually doing so, to attribute to us a disposition to separate from the Mexican confederation, We are Mexicans by adoption, we are the same in heart — and ivill so remain. If the laws have granted to us the honorable title of Citizens, we ^vish that title should be respected, and that the authorities established by the constitution of the State should govern us!
"We are farmers and not soldiers — therefore desire that the military Commandants shall not interfere with us at all. Since 1830, we have been pretty much governed militarily, and in such a despotic manner, that we were finally driven to arms to resist within their limits, thq military subalterns of the general Government,
" We have not insulted the flag of our adopted country, as had been surmised from our first movements; but on the contrary, we have sustained its true dignity, and attacked those who have outraged it by using it as a pretext foy
their encroachments upon the Constitution and sovereignty of the state of Coahuila and Texas, and as a cover for their baseness and personal crimes.
" The commandant of Fort Velasco, acted under the orders of the commandant of Anahuac, Colonel Juan Davis Bradburn, who was his superior. An investigation of the conduct of this officer at Anahuac, will inform you fully of the details of many despotic and arbitrary acts. He was sustained by the commandant of Nacogdoches, Colonel Piedras, and by that of Fort Velasco, Lieutenant Colonel Ugartechia; and consequently we were compelled to oppose them all!
" Therefore, we attacked Fort Velasco, on the 27th of last montli, with 112 farmers hastily collected, without discipline and badly armed; and after an obstinate and bloody engagement of eleven hours, it capitulated on the terms expressed in the enclosed copy of the capitulaticn; every article of which has been strictly complied with en our part, — besides furnishing him with the provisions he needed for his troops."
So courageously did the Americans fight, and so humanely did they treat their prisoners afterwards, that the Mexican officer Dominic Ugartechia, expressed his astonishment, by saying (no doubt a little -through flattering policy,) ^That such people were unconquerable! as they would by their humanity gain as many hearts, as they could heads by their valor! And, that if he had a thousand of such men as had attacked him, properly disciplined, he could march even in a hostile manner to the city of Mexico!!'
By a deputation of Brazorian citizens. Colonel Mexia, in company with Colonel F. Austin, (the first founder of these Colonies) was conducted to Brazoria. 'On their arrival they were received by the committee of vigilance, and by two of the Turtle Bayou deputation, bearing in their hand those resolutions which had been adopted at the beginning of the contest in Anahuac' Which were presented to Colonel Mexia in the following dress.
" The colonists of Texas have long since been convinced q2
of the arbitrary and unconstitutional measures of the administration of BustamenteJ as evinced-• 1st. By their repeated violations of the Constitution and Laws, and the total disregard to the civil and political rights of the people,
2d. By their fixing and establishing among us in the time of peace, military posts, the officers of which, totally disregarding the local civil authorities of the State, have committed various acts evincing opposition to the true interest of the people, in the enjoyment of civil liberty.
3d. By arresting the Commissioners, especially Juan Francisco Madero, who on the part of the State government, was to put the inhabitants east of the river Trinity, in possession of their lands, in conformity with the laws of Colonization.
4th. By the interposition of military force, preventing the Alcalde of the jurisdiction of Liberty, from the exercise of his constitutional functions.
5th. By appointing to the revenue department, men whose principles are avowedly inimical to the true interests of the people of Texas; and that too, when their character for infamy had been repeatedly established.
6th. By the military commandant of Anahuac, advising and procuring servants (mark, not slaves) to quit the service of their masters, and offering them protection ; causing tbem to labor for his own benefit, and refusing to compensate for the same.
7th. By imprisonment of our citizens without lawful cause; and claiming the right of trying said citizens by a Military court, for offences of a character cognizable by the civil authority alone."
In consideration of the above mentioned Grievances, a large meeting of the people was held near to Anahuac, where the following resolutions were drafted out by their leaders, and of course adopted.
^^ Resolved—That we view with feelings of the deepest regret, the manner in which the government of the Republic of Mexico is administered by the present dynasty. The repeated violations of the Constitution; the total disregard cf the laws; the entire prostration of the civil
powers; are grievances of such a character, as to arouse the feelings of every freeman, and impel him to resistance !
Resolved —-That we view with feelings of the deepest interest, and solicitude, the firm and manly resistance which is made by those Patriots under the highly talented and distinguished chieftain Santa Anna, to the numerous encroachments and infractions which have been made, by the present Administration, upon the Laws and Constitution of our beloved and adopted country.
Resolved —That as freemen devoted to a correct interpretation and enforcement of the constitution and laws, according to their true spirit, we pledge our lives and fortunes, in support of the same, and of those distinguished leaders who are now so gallantfy fighting in defence of civil Liberty.
Resolved-—That all the people of Texas, be invited to co-operate with us, in support of the principles incorporated in the foregoing resolutions."
As soon as the business with Colonel Mexia was concluded, he was invited to a public dinner and ball given on the occasion, and at which the following toasts were drank and cheered with lively interest: 'The republic of Mexico, and the States of the North — They are the same in principle and object, and need only know each other, to be united in feelings, and warm friendship 1'
'Coahuila and Texas —They are dissimilar in soil, climate and productions; therefore they ought to be dissolved !'
There were many more political sentiments expressed, relative to the course of freedom and equality; but as they were either congratulatory, or of less moment in a politic-cal point of view, it may well be deemed unnecessary to rehearse them; as these alone will enable the reader to dravv^ the right kind of conclusion, on the public manifestations of feeling displayed by the Texasians, as soon as possible, after the necessary Mutatis mutandis has been made suitable to their ostensible purpose.
And at that time, it was peculiarly necessary for them; as they had by one precipitate movement thrown their po-
litical existence Ipso facto, upon the cast of a single die' For as soon as the people who were movb immediately under the iron grasp of oppression, made an open resistance, they were joined by the proud and uncontrollable spirits of the other districts; who were determined, let the consequences be as they might, to assist their brethren in arms on the present emergency; considering their cause as the cause of the whole American community!!
In order then to consolidate the exertions of the people, who had gone too far to recede, and make their exertions as efficient as possible, — did the Ayimtamiento of Austin call on all the subordinate officers of the Colonies, to convene and take the sentiments of the citizens officially and judiciously; sending them without delay to the Alcalde, that he might lay them' before the Political Chief from Bexar, — who was at that time sitting in San Felipe de Austin, on an investigation of those causes which had led to such agitating results; and who should as he had come for that special purpose, be made acquainted with the Ultimatum of the Americans' determinations. From which it was soon known, however modified by localities, principles, or circumstances, that oppressive measures by means of Military power, luould not be suffered to exist, where civil authority had been guaranteed by the Constitution and Laws, alone in peace to reign. Then did the Ayun-tamiento see meet to make an expose of the whole matter, from the beginning of the Ji?'st dispute, between the stat3 of Coahuila and Texas, and the general Government, up to the present day: showing the measures which had been pursued, in order to avoid the present difficulties; which difficulties had been accelerated by the uncompromising spirit of General Manuel Mier y Teran, the Commandant General of the eastern States; and which obstinacy on the part of government and its officers, had led to the present disagreeable posture of affairs; which affiiirs had been carried on heretofore, without any regularly organized plan of physical resistance.
^But now,' said they, ^when public opinion becomes so manifest as to leave no doubt of the feelings and desires of the mass of tlie community^ it is the duty of the local
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POLITICAL EVENTS. 189
Authorities, so to consult that opinion, as to prevent a disturbance of public tranquility — as they felt the peculiarly delicate situation of the settlers of these Colonies, owing to their being of foreign birth.
'It was well known that every species of calumny had been heaped upon them, by the enemies of Texas, and a republican and enlightened emigration; with a design of reviving among the Mexicans the old Spanish prejudices against persons born in another country. It was feared that these enemies would take advantage of any disturbance here to pervert the-truth, and attribute to them hostile views against the Mexican territory and federal Con^ stitution!
< This body was under the immediate eye and direction of the Political Chief of the Bexarian department, who was then in the town, and who was equally anxious to preserve the public tranquility; and who, we are assured, is as much opposed to military encroachments as any man in the community.
'Under past circumstances, this body used every effort to preserve good order, and keep the settlers from partici^ pating in the present war; and it is probable, that these efforts would have been successful, had not events been precipitated in the manner they had been, by the tyrannical and illegal acts of Col. Bradburn.
'But now, as public opinion has expressed itself in the most decided and unequivocal manner, in favor of thatpar» ty whose proclamations profess their intentions to be, the restoration of the Government to its true Constitutional basis, and to make it in practice, what it professes to be in theory, — a free Republican constitutional confederation, of sovereign states!
'We therefore, the Ayuntamientos as a body, freely unite with the people, in the several jurisdictions of the Brazos Department, in the following resolutions.
' 1st. That we solemnly adhere to the principles of the republican party headed at present by General Antonio Lopez De Santa Anna.
'2d. That the inhabitants of this Colony have no other object in view, than to contribute their feeble voice and
aid in sustaining tlje Constitution and the true dignity and decorum of the National flag.
'3d. That they tvill support the rights and privileges of the state of Coahuila and Texas, which have been insulted by military encroachments in these colonies since 1830; and that they will at all times be ready to take up arms, in defence of the independency and constitution of their adopted country, and the integrity of its territory!
*4th. That the General and State constitutions ought to be religiously observed, as the only guarantee for public tranquility and national freedom.
'5th. That a large standing army in time of peace with all nations, is a burden to the people, and consumes the revenue of the nation, without any benefits; and is contin ually disturbing the public peace, by affording the means of committing and defending despotic acts! and of producing revolutions!!
'6th. That the acts of the present Administration, have been directed to embarrass and retard, rather than to promote and encourage emigration, to cultivate its uninhabited and wild lands; to the evident injury of the national advancement and prosper]t}-.
0LITICAL EVEJNTS. )91
being under the immediate influence of the Austinian court, Ramon Musquez, their Political Chief, called on them to be convened, in order to have their sentiments transmitted to him by the hands of their Commissario — *.For peradventure,' said he, 'they may assist in restoring order!' Having been thus called upon in the most critical period of the Austinian contest with the soldiers of Government, they considered it as a duty incumbent on them to act with energy and promptitude, and to couch their official document in terms of sincerity and truth; for as frontier Colonists of government, they had as yet nothing to complain of, except the wilhdrawing of those troops which had been among them for their protection.
And, however they might feel interested in the cause wherein the Colonists of Austin had been engaged, they were careful in respect of committing themselves, as they were still depending on the friendship of Navarro their land Commissioner, and had never been officially called upon by either of the contending parties to espouse their cause; but, above all, they felt and knew by dear bought .experience, that they still stood upon debatable ground with the Indians!
They thought it proper therefore, under the influence of these considerations, not only to transmit their documentary communication through the medium of a respectable committee, duly appointed by the suffrages of the people; but to present it in that dress and form, necessary from an inferior, in order that it should be favorably received by a Mexican Superior.
As in England the wax seal is a mark of respect, so in Mexico the vacant left hand side of the sheet is a mark of dependency. Thus:
To
. His Excellency
Ramon MrsatTEz, By the inhabitants of Green De Witt's colony in accordance to instruction. Sire —
As we-have never been officially informed, either by the present reigning GoveTnment; headed
by the A^ice President Bustamente, or by their opponents, headed by Gen. Santa Anna, of the nature of these differences which exist between them; and as Citizens of a pohty amenable only to our Federal head^ we are as yet perfectly satisfied with measures heretofore pursued by that head in relation to us ; and, were it otherwise, we feel our insufficiency to step between them and their ex^ planations of the Constitution and laws of our adopted country ! Moreover, having never had laid before us in a tangible shape, the difficulties existing between the Colonists of Austin and the Commandants of the Forts Anahuac and Velasco: we are therefore, at this time, equally unable to decide as to the merits or demerits of either of the contending belligerents !
Therefore, to you. Sir, as our organ of Governmental correspondence, we would have it made fnlli/ known, and by them perfectly understood, that we, the colonists of Colonel Green De Witt, are by our present unprotected situation, liable to be cut off by the savage foe ! consequently, unable to render any physical assistance, if so required, to our brethren of Mexico, of Vera Cruz, or of Texas.
Humbly trusting, that our precarious condition will be a sufficient excuse for our neutrality—not only to you. Sir, who know our state experimentally, and who have more than once expressed a fatherly solicitude for our preservation—but to that Government you represent, on whose paternal care and munificent generosity we implicitly rely !!
Signed, sealed and attested in proper form, &c.;
On the proceedings of Austin's Colonists, having been made known at Nacogdoches, the people of the District expressed their approbation, by joining heartily in the
Vera Cruzian plan of liberty and justice; so much so, that when Colonel Piedras, Commandant of Fort Nacogdoches*, had been checked in his desire of assisting Bradburn, and had refused at Colonel Mexia's request to join the liberating army, they arose, en masse, to dislodge him from his position, or bring him and his men over to that cause^ which their brother Americans had adopted, and to which they also were determined to belong.
Not that Colonel Piedras had ever been their enemy or oppressor: by no means, for he had at all times been the Americans' firm friend and generous benefactor. Although he had such claims on their sympathetic feelings,— and although the citizens of Nacogdoches would, in their pecuniary affairs suffer severely by losing the emoluments derived from that specie payment, given for those necessaries the troops required—yet the spirit of cJiivalry was afloat, and resistance of quantum sitfficit was not enough!
As it was generally supposed by the Nacogdochesians, that Piedras would try to induce the Cherokees and Shaw-nees, at that time in the neighborhood, to assist him against the Americans, they therefore requested of the Indians to remain neutral, which they did, although the, Shawnees were still in a state of exasperation against the Mexican Waehinangoes; having as they supposed, in the summer of 1832, been scurvily treated by the soldiers of Bexar, making a feint in favor of the Comanches, when the Shawnees had attacked one of their encampments in the vicinity of that place,— and would (had the Mexicans staid at home,) have carried off a hundred horses, after killing 114 of their Comanche enemies, with a loss only of 7 men out of the 28 Shawnees who had been so daring and fearless as to throw themselves at the break of day into the midst of 300 warriors I
The Mexican and American contest was long and severe, as the former fired from behind their quartel, and the latter from under the cover of their houses. And although there was a continual skirmish kept up from early noon to dark, by upwards of 300 men on each side, yet by their being so protected, there were only 3 Americans
E
killed and seven wounded; and of the Mexicans 18 killed and 22 wounded.
The Mexican troops evacuated their fort during the night, and retreated towards the interior; but they were met in the morning of the ensuing day by a party of 18 horsemen, who shot the leader of their advance guard, as he was in the act of crossing the Laco, and drove his men back upon the mam body, who were advancing through the adjoining swamp. They were ordered to surrender immediately! as the woods were filled with armed men. The information had the effect desired; but not until the only remaining lieutenant of the Mexicans had walked up with his sword by his side, and a loaded pistol in each hand to his colonel, threatening him with instant death! Mf their lives should any more be so wantonly exposed by his orders.' He yielded his sword with regret, and his men returned prisoners to their plundered Quartel in Nacogdoches, where the victors sat down to a sumptuous dinner, prepared out of their former benefactor's bountifully supplied larder, and where Col. Piedras sat a corner supplicant, until a private citizen took pity on him, for which he returned him his grateful thanks, and on the empty plate a Mexican dollar! It being a prevalent opinion among the American colonists, that the Mexicans of Bexar would not give up, without a physical struggle, the volunteers began to gather from all parts of the province, to Gonzales, in order not only to bring the Bexarians, the Galiodians, and the De Leonites, but the oppidans of every other town in the State, into subjection, or into the measures of the Vera Cruzian liberalists.
At this particular crisis of assumptive power, the Gon-zalesians received an express from Leona Vicario, informing them that their Adelantado had declared for the Constitution and the patriotic cause. At the same time a special messenger from San Antonio de Bexar, stated, that they had agreed also to this work of political reformation. Upon hearing such agreeable news, the volunteers returned to their respective homes, as the Bexarian declaration embraced all the other Spanish settlers in the department; for they always look to the citizens' move-
ments of that place, for their criterion of political expediency !
Thus ended the warlike commotions of these Colonies on the 2d September, 1832, just as the inhabitants were informed that their (at that time) greatest arch enemy General Teran and his troops, on their way to Mexico from Matamoros, had been surrounded by the liberal forces of General Montezuma, and that too on the identical plain where the injudicious Iturbide lost his life! Teran, having determined within himself neither to unite with the Liberals, nor to submit to them as a prisoner, retired to a private place, and fell on his own sword! appearing to those who found him, while still alive, as inexorable in the agonies of death, as he was uncompromising in political life!!
Now at the conclusion of this rather premature affair, the Texasians had to congratulate themselves, that by their movements throughout, they had displayed to the world an energy in action and a promptness in coalition, which did them honor; and showed that the determinations of the many were completely matured on the principles of loyalty to their adopted country; and that their utmost wish and earnest desires were, that those persons should always reign and govern, who are actually directed by the Constitution and laws of their Federal Union. And that they thoroughly believed in every genuinely impressed republican, sacrificing upon the altar of his country every thing extraneous to the real honor and true glory of that country! studying to convince one another, more by the force of mental reasoning than by any thing in the shape of physical power, that it is only by unanimity of sentiment and consistency of action, that there can be national wealth, individual prosperity, and republican safety!!
Such motives as these, governing the mass, would finally triumph. But alas! there has been — now is —and I fear will be, such men in Texas as are governed by very improper motives, and who have, by their headlong conduct, brought on serious consequences, besides prejudicing the minds of many a Mexican, which time and the best of con^ duct can hardly eradicate. If it were only the insignificantly ignorant who were thus impressed, the matter would
be light; but there are knowing, and influential characters too, who look on the inhabitants of Texas as being so much under the control of these individuals, that nothing can debar them from fulfilling Esop's fable of * the frozen viper and the good natured country man!' believing that the experience their nation received from the American Freedo-nians of Nacogdoches, in 1827, and by that knowledge which they possess (however it was glossed over,) of the motives whereby the people were at ^rsi actuated, when they commenced the past political commotions in these colonies, that the American citizens thereof only wanted the ingredient strength to declare themselves independent of the Mexican confederation; or, at least, to make their country a troublesome and unprofitable appendage!
SECESSIONAL CONSTITUTION.
Form of the proposed Constitution of Texas, dratvn up by the Texas convention q/" 1833 and 1833.
In the name of God, Omnipotent Author and Supreme Legislator of the Universe —
We, the people of Texas, being capable of figuring as a state, (1) in the manner contemplated in the second article of the decree of the general Congress of the nation, of the 7th of May, 1824, — do ordain the following Constitution ; and do mutually agree with each other, to form ourselves into a full and independent state of the Mexican Confederacy, by the name of the ' State of Texas.'
General Provisions.
Art. 1. All power is inherent in the people, and dWfree governments are formed upon their authority, and established for their peace, safety, and happiness. For the advancement of those ends, they have an inviolable right to alter, reform, and abolish the government in such a manner, as they may think proper.
Art. 2, Government being instituted, for the protection and common interest of all persons, the slavish doctrine of non-resistance against arrogant power and oppression, is discarded, as destructive to the happiness of mankind, and as insulting to the rights, and subversive to the wants of any people.
Art. 3. All elections shall be free and equal.
Art. 4. The right of trial by jury, and the privilege of the writ of habeas-corpus, shall be established by law, and shall remain inviolable.
Art. 5. The people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures: and general warrants, whereby an officer may be commanded to search suspected places, without evidence of the facts committed, or to seize any person or persons not named, whose offences are not particularly described and
SBpported by evidence — are dangerous to liberty, and shall not be allowed.
Art. G. No citizen shall be taken or imprisoned, or dispossessed of his freeholds, liberties, or privileges — or exiled, or in any manner distrained — or deprived of his life, liberties or property —but by the law of the land.
Art. 7. In all criminal prosecutions, the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall be confronted by his accusers and the witnesses; he shall have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the municipality or district, in which the crime shall have been committed ; and shall not be compelled to give evidence against himself.
Art. 8. No person, for the same ofTence shall be twice put in jeopardy of his life or limb.
Art. 9. No retrospective law or laws impairing the obligations of contract shall be made.
Art. 10. No conviction shall work corruption of blood, or forfeiture of estate.
Art. 11. No person confined in jail shall be treated with unnecessary rigor.
Art. 12. No person shall be compelled to answer any criminal charge but by presentment, indictment, or by a concurrent vote of both houses of the legislature, as provided by this constitution.
Art. 13. All persons shall be bailable by sufHcient sureties, unless for capital crimes, without the proof is evident, or the presuCiption strong; and the privilege of the writ of habeas-corpus, shall not be suspended, except in cases of rebellion or invasion the public safety may require it.
Art. 14. Excessive bail shall not be required, nor excessive fines in> posed, nor cruel or unusual punishments inflicted. All courts shall be open, and every man, for an injury done him in his land, goods, or reputation, shall have remedy by due course of law; and rights and justice administered, without sale, denial, or delay.
Art. 15. The person of a debtor, when there are not strong presumptions of fraud, shall not be continued in prison, after delivering up his estate to the benefit of his creditors ; in such a manner as shall be prescribed by law.
Art. 16. The fi-ee communication of thoughts and opinions, is one of the inviolable rights of men; and every man may fully speak, write, print, and publish, on any subject; being responsible for the abuse of that liberty. But, in prosecutions for the publication of papers — in investigating the official accounts of men in public capacity, the truth thereof may be given in evidence — as well as in personal actions of slander; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
Art. 17. No man's particular services shall be demanded, nor property taken and applied to public use, without the consent of himself or his
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representatives, or without just compensaiion being made therefor, ac-coiding to law.
Art. 18. The people have a right to assemble in a public name, for the common good — to instruct their representatives, and to apply to those invested with the power of governiiicnt, for the redress of grievr ances, and for other purposes, by address or remonstrances.
Art. 19. Perpetuities and monopolies are contrary to the genius of a free government, and shall not be allowed.
Art. 20. The sure and certain defence of a free people, is a well regulated miUtia; and it shall be the duty of the Legislature to enact such laws as may be necessary to the aggrandizement of the militia of this state.
Art. 21. No soldier shall in time of peace be quartered in the house or within the enclosure of any individual, without the consent of the owner; nor in time of war, but in manner prescribed by law.
Art. 22. All persons residing in Texas, at the center of this constitution—except bond servants, and other yjersons not liable to taxation, by virtue of the laws enacted under this constitution, shall be recognized as Citizens, and entitled to all the benefits of persons who emigrated to this country under the colonization law of 18'25 — and shall be acknowledged as entitled to all the rights and privileges of such emigrants.
Art. 23. No property qualifications shall be required, to entitle a citizen to vote or value any oliice in the gift of the people of this state.
Art. 24. All contracts or transfers of property, by will or otherwise, as well in relation to real, as personal estates, which have been made in Texas heretofore, or which hereafter may be made in good faith by the parties, shall not be void for any want of form, but shall be construed and confirmed according to the intentions of the parties.
Art. 25. All elections in this stiirte, shall be by ballot, and the manner thereof shall be prescr bed by law.
Art. 26. Treason against the State, shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No porson shall be convicted of treason, unless on the testimony of two witnesses to the overt act.
Art. 27. The benefit of education and of useful knowledge, generally diffused through a community, are essential to the preservation of a free government: the protection and advancement of these two great objects are given in solemn charge to the Legislature. It shall be the particular duty of the government to patronise and cherish the interest of literature, of science and the arts; and as soon as practicable, to establish schools, where the poor shall be taught gratis.
Ijegislative Department.
Art. 1. The Legislative authority of this State shall be vested in a Legislature, which shall consist of a Senate and House of Representatives, both dependent on the people.
Art. 2. The members of the Legislature shall be chosen by the qualified electors, and serve for the term of two years, from the day of commencement of the general election, and no longer.
Art. 3. The Senators and Representative? shall be chosen every two years ; on the first Monday in August, and Uie day following.
Art. 4. Within three years from the meeting of the first Legiskture, under this constitution, an enumeration of the population of this state, shall be made agreeable to the mode which shall be prescribed by the Legislature ; and the appointment and representation shall be regulated by law.
Art. 5. The number of Senators shall, at the several periods of making the enumeration before mentioned, be fixed by the Legislature, and apportioned among the several precincts, formed as hereinafter directed, according to the number of taxable inhabitants in each; nor shall ever be less than one third, nor more than one half of the whole number of Representatives.
Art. 6. Elections for Representatives for the several precincts entitled to representation, shall be held at the places of holding their respective courts, and at such other places as the Legislature may prescribe.
Art. 7. The Senators shill be chosen by districts, to be formed by the Legislature, according to the number of taxable inhabitants in each; provided no precinct shall be divided in forming a central district.
Art. 8. For the first three years after the adoption of this constitution, the Legislature shall meet annually, on the first Monday in November ; and thereafter it shall meet biennially, on the same day — be held at the same place as the Ijcgislature shall prescribe.
Art. 9. No person shall be eligible to a seat in the Senate, until he has arrived at the age of twenty-five years; nor in the House of Representatives, until he has arrived at the age of twenty-one years. He shall be a citizen of the state, and shall have resided in the same twelve months, and six months within the precinct, or district, for which he is elect, immediately preceding his election.
Art, 10. Every male inhalDitant of the age of twenty-one years, who shall be a citizen of the state, and have resided for the last six months immediately preceding the day of the election within the precinct, or district, shall enjoy the right of an elector.
Art. 11. The Senate at its meeting shall elect a President, pro tem. and the House of Representatives shall elect its Speaker. Each House shall elect its own officers—be judges of the qualifications of, and elections of its members.
Alt. 12. Efch House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thitds expel a member, but not a second time for the same offence; and shall have all other powers necessary for the Legislature of the state.
Art. 13. Senators and Representatives shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during the session of the Legislature, and going to and returning from the same.
Art. 14. Each House may punish by imprisonment any person not a member, who shall be guilty of any disrespect to the House, by any disorderly or contentious behavior in their presence ; provided that such imprisonment shall not be for a longer time than thirty days.
Art. 15. Bills may originate in either House, but may be altered, amended and rejected by the other.
Art. 16. Every Bill shall be read on three different days, and signed by the President of the Senate and Speaker of the House of Representatives, befcre it becomes a law, except the public safety shall be in danger by delay.
Art. 17. After a Bill has been rejected, no bill containing the same substance, shall be passed into a law during that session.
Art. 18. The st>le of the laws of this state shall be—' Be it enacted by the Senate and House of Representatives of the State of Texas.'
Art. 19. Each House shall keep a journal of its proceedings, and publish them, except such parts as the welfare of the state may require to be kept secret: and the yeas and nays of the members in any question, shall, at the request of one-fourth of the members present, be entered on the journal.
Art. 20. The Legislature shall have power to establish, from time to time, the salaries of all the officers of the state, and to regulate the compensation of its own members.
Art. 21. The doors of each House, and Committee of the Whole, shall be kept open, unless the business before them requires secrecy.
Art. 22. No money shall be drawn from the treasury, but in pursuance of appropriations made by law.
Art. 23. No person who hath been, or hereafter may be, a collector or holder of public money, shall have a seat in either House of the Legislature of the State, until such person shall have accounted for, and paid into the treasury all sums for which he may be liable.
Art. 24. No Judge of any Court of Law or Equity, Secretary of State, Attorney General, Register Clerk of any Court of Record, or person holding any office under the authority of the Mexican United States, shall have a seat in the Legislature of this State—hold more than one lucrative office at one and the same time; provided that no appointment in the militia, or to the office of .Justice of the peace so long as no salary is attached thereto, shall be considered as a lucrative office.
Art. 25. If any member of the legislature is appointed and elected to, and accept any other office than that of Justice of the Peace. Trustee of a literary society, or commission in the militia, such appointment and acceptance shall be a vacation of his seat in the Legislature: and no member thereof shall be eligible to hold any office created by the Legislature, during the term of his service as a member.
Art. 26. Any member of either house of the Legislature, shall have liberty to dissent from, and protest against any act or resolution, which he may think injurious to the public, or to any individual; and have the reasons of his dissent entered on the journal.
Art. 27. All lands in this state, liable to taxation, held by any grant, concession, colonization law, or settlement rights, shall be taxed according to their valuation.
Art. 28. The right of suffrage shall not be exercised, by any person of insane mind, or who shall be a pauper or supported by public charity ; nor by any non-commissioned officer, soldier, seaman or marine, in the service of the United Mexican States; nor by any person convicted of an infamous offence.
Art. 29. The Legislature shall have power, to establish such a system of internal improvements, as they may think proper.
Art. 30. No bank, nor banking institution, nor office of discount and deposit, nor any otlier moneyed corporation nor banking establishment, shall ever exist during the continuance of the present constitution.
Art. 31. All lands within the Umits of Texas, at this date vacant, or not held agreeable to law, or to be located under genuine and bona-fide grants, now issued and received by the grantee or grantees, or otherwise provided for by this Constitution, shall belong to and constitute a fund for the state, and be subject to the disposal of the Legislature; provided that nothing contained in this article, shall be so construed as to prejudice the rights of the citizens, colonists, or settlers, who hold, or are entitled to acquire under this constitution, lands by deed, grant, concession or settlement right.
Art. 37. The Legislature shall have power to enact laws, to impose taxes and collect moneys for the use of the state: but no currency shall ever be made lawful tender, except gold, silver, and copper coin.
Judicial Department.
Art. 1. The judicial power shall be vested in a Supreme and Superior Court.
Art. 2. The state of Texas shall be divided in three judicial districts, in each of which there shall be appointed a district Judge.
Art. 3. The said district Judges shall compose the Supreme Court — a majority of whom shall form a quorum. The said Judges shall hold their Courts as district Judges — of the Supreme Court at the time and place prescribed by law.
Art. 4. The Legislature shall create and establish such Superior Courts, as may be convenient for the administration of justice.
Art. 5. The Judges of the Districts and Superior Courts, who shall be elected at the first session of the Legislature, shall hold their offices for the term of three years, eligible to re-election, and their successors in office, shall hold their office for the term of six years — eligible to reelection by the Legislature every six years.
Art. 6. The Judges, by virtue of their office, shall be conservators of the peace. Throughout the state of Texas, all prosecutions shall be carried on, in the name and by the authority of the state of Texas, and conclude against the peace and dignity of the state.
Art. 7 There shall be an Attorney General for the state; and as many prosecuting Attorneys as shall hereafter be found necessary. Their duties, salaries, perquisities and terms of service, shall be determined by law.
Art. 8. The Clerks of the District and Superior Courts shall be appointed by the Judge of the respective Courts.
Art. 9. The existing laws of the state of Coahuila and Texas, when this Constitution goes into effect, shall continue in force, until altered or abolished by the Legislature ; provided, however, that the Legislature shall never adopt any system or code of laws, by general reference to said system or code — but in all cases shall specify the several provisions of the laws it njay enact.
Art. 10. The Judges of the District and Superior Courts, shall receive fixed and adequate salaries, which shall be established by law.
Art. 11. The Judges may be removed from office, by the concurrent vote of both Houses of the Legislature ; but two-thirds of the members present must concur in such vote, and the causes of such removal. Whoever the Legislature may be about to prosecute, shall receive notice thereof, accompanied with a copy of the causes alleged for his removal, thirty days before the day on which either House of the Legislature shall sit therefor.
Art 12. The Judges may also be removed by impeachmenf.
Art. 13. The power of impeachment shall be vested in the House of Representatives.
Art. 14. All impeachments shall be tried in the Senate, when sitting for that purpose. The members shall be upon oath; and no person shall be convicted, without two-thirds of the members present.
Art. 15. The Governor and all civil officers shall be Uable to impeachment for all misdemeanors in office ; but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit in this state. But the party, nevertheless, shall be liable and subject to indictment, trial, and punishment, according to law.
Art. 16. The Judges of the District and Superior Courts, and the Attorney General, shall be at least seventy-five years of age, and shall be learned in the law.
Art. 17. The interpretation of this Constitution and the laws of this state, shall belong exclusively to the judiciary.
Art. 18. Alcaldes, Commissaries, and Syndicks, shall be elected by the people. Their duties, jurisdictions, and numbers, shall be determined by law.
Art. 19. The Legislature is authorized to increase the number of the judicial districts and district Judges, whenever the necessities of the country may require it.
Executive Department,
Art. 1. The executive power shall be vested in a Chief Magistrate, who shall be styled ' The Governor of Texas.'
Art. 2. The Governor shall be elected by the qualifiod electors, at the time of choosing Representatives for the Legislature. He shall hold his office for the term of two years, from the time of his installation, and until a successor be duly appointed and qualified; but he shall not be eligible to office for more than four years, in any time of six years. He shall be a citizen of the United States of Mexico; shall be at least twenty-seven years of age ; and shall have resided in Texas at least three years next preceding his election.
Art. 3. The returns of every election for Governor and Lieutenant Governor, shall be sealed and transmitted to the President of the Senate pro tern., who shall open and publish them in presence of both Houses of the Legislature. The person having the highest number of votes shall be Governor. Should two, or more, have been candidates for the office, and two or more persons be equal —and highest in number-— one of those who are equal and highest, shall be chosen GQvernor, by
joint ballot of both Houses: and in like manner shall the Lieutenant Governor be chosen.
x\rt. 4. The Governor shall at stated times receive for his services a compensation, which shall neither be increased nor reduced during the time for which he shall have been elected.
Art. 5. The Governor shall be Commander-in-Chief of the militia of this State— except when they shall be called into thcservice of the Mexican United States ; but he shall not command personally in the lield, except he shall be advised so to do by a resolution of the Legislature : shall take care that the constitution of this state, the constitution acts, and the constitution of the Mexican United States, and laws are faithfully executed ; shall have power to convene the Legislature every session, when in his opinion the interests of the State may require it; to grant reprieves and pardons, except in cases of impeachment; to conduct all correspondence with other states, and with the General Government — and during the recess of the Legislature, to fill pro tempore until the end of the next succeeding session — or of the Executive and Senate to fill permanently.
Art. 6. Every Bill which shall have passed both Houses of the Legislature, shall be presented to the Governor. If he approve, he shall sign it; but if not, he shall return it with his objections to the House in which it shall have originated, who shall enter the objections at large upon the Journal, and proceed to reconsider it. If, after such reconsideration, a majority of the whole number elected to that House shall agree to pass the bill, it shall with the objections be sent to the other House, by whom it shall likewise be reconsidered : if approved by a majority of the whole number elected to that House, it shall become a law: but in such cases the votes of both Houses shall be determined by 3^eas and noes, and the names of the members voting for or against the bill shall be entered upon the Journal of each House respectively, if any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him, the same shall •become a law, in like manner as if he had signed it; unless the Legislature by its adjournment, prevent it return, in which case it shall not become a law.
Art. 7. Every order, resolution or vote to which the concurrence of lioth Houses may be necessary, except on questions of adjournment, shall be presented to the Governor—and before it shall take effect, be af^roved by him; or being disapproved, shall be repassed by both Houses, according to tlie rules and limitations prescribed in case of a hili
Art 8. Tliere shall be a Lieutenant Governor, who shall be elected at the same time, and shall possess the same qualifications as the Governor, The electors shall designate for whom they vote as Governor, and for whom as Lieutenant Governor.
Art. 9. The Lieutenant Governor, shall Ex-Officio be President of the Senate, and when there is an equal division in the Senate, shall give the casting vote, and also in joint voting in both Houses.
Art. 10. When the office of Governor shall become vacant by death, resignation, absence from the state, removal from office, refusal to
qualify, impeachment o/otherwise, the Lieutenant Governor — or in case of like disability on his part — the President of the Senate, pro tem. — or if there be no President of the Senate pro tem. the Speaker of the House of Representatives shall possess all the powers, and discharge all the duties of Governor; and shall receive for his services the like compensation to the end of the term, or until the disability of the Governor be removed : provided, that should the office of Governor be vacant within ten months from the beginning of the term, the person exercising the powersof Governor for the time being, shall as soon a smay be,cause an election to be held, to fill such vacancy, giving three months notice thereof.
Art. 11. There shall be a Secretary of State appointed by the Governor, with the advice and consent of the Senate. He shall hold his office three years, and shall keep a register of all official acts and proceedings of the Governor, and perform such duties as may be enjoined on him by law. He shall as soon as may be, procure and keep a seal of State, with such emblems and devices as shall be directed by law.
Art. 12. A State Treasurer shall be elected by joint vote of both Houses ; who shall also discharge the duties of Auditors, until otherwise provided by law.
Art. 13. There shall be an Ayuntamiento in each municipality. The power and duties of the Ayuntamientos — the number of members who are to compose them — and the mode of their elections shall be prescribed by law.
Art. 14. All commissions shall be in the name of the State of Texas; be sealed with the State Seal, and signed by the Governor; and attested by the Secretary of State. Sheriffs and Coroners, shall be elected every two years by the qualified electors at the time and place of choosing Representatives. Their duties shall be regulated by law, and they shall hold their offices for two years, and until a successor be duly appointed and quaUfied, unless sooner removed for misconduct in office.
Art. 15. The Governor shall nominate and appoint, with the advice and consent of the Senate, all officers whose offices are established by this constitution, and whose appointments are not herein otherwise provided for. provided, however, that the Legislature shall have a right to prescribe the mode of appointment of all officers to be established by law.
Schedule.
Art. 1. The State of Texas, shall include all the country formerly known as the Province of Texas.
Art. 2. That no inconvenience may arise in our separation from Coa-huila, it is declared that all rights, actions, prosecutions and contracts, shall continue as if no change had taken place ; except cases provided for in the body of this constitution.
Art. 3. All dues, fines, penalties, escheats and forfeitures accruing io the State of Coabuila and Texas, shall be collected in the name, and for the use of the State of Texas. All bonds for the performance of duties, shall be passed over to the first Governor of the State of Texas, and his successor in office, for the use and benefit of the parties interested.
Art. 4. The authorities of the State of Coahuila and Texas, that fill their offices within the limits of Texas, shall continue in the execution of their respective duties, until superseded under this constitution.
Art. 5. The Governor shall make use of his private seal, until a Seal of State shall be provided.
Art. 6. Until the first enumeration as provided for by this constitution, the appointment of Representatives to the Legislature, shall be regulated by a resolution adopted by this Convention.
Art. 7. AUofficers, or persons elected or appointed to any office, or place of trust, profit, or honor in this State, before entering upon the duties of their office, or station, shall take the following oath : I, A. B., do solemnly swear, that I will support the Constitution of the United Mexican States — the Constitution act, and the Constitution of this State ; and that I will faithfully discharge the duties of according to the best of my abilities : — so help 7ne God!
Art. S. The election of Senators and Representatives to the General Corfgress, shall take place agreeably to the provisions of the Federal Constitution of the United Mexican Statefs ; and laws to that effect shall be passed by the Legislature.
Art. 9. Whenever a majority of both Houses of the Legislature may deem it necessary to amend this constitution, they shall recommend to the electors, at the next election of members of the Legislature, to vote for, or against a convention : and if it shall appear that a majority of all the electors of the State, voting for the members of the Legislature, shall have voted for a Convention, the Legislature shall at the next session call a Convention, to consist of at least as many members as there may be in the Legislature, to be elected in the same place and in like manner as prescribed by law for the election of members of that body.
Art. 10. Until the first enumeration shall be made, as directed by this constitution, the Senatorial Districts shall be composed of the following precincts: Bexar, one Senator; San Patricia, Refugio, Galiod, and Victoria, one Senator; Gonzales, Bastrop, and Alfred, one Senator; Lo-vicia, Matagorda, and Santianna, one Senator ; Victoria, and Bolivar, one Senator; San Phillippe, one Senator; Magnolia, and San Jacinto, west side, and precincts of San Jacinto, east side, one Senator; Liberty, and Laa Bayou, one Senator ; Ayish, and Snow, one Senator; Tina-haw, and Sabine, one Senator.
Art. 11. The number of Representatives, that each of the precincts above enumerated shall have in the first Legislature, shall be determined by the votes given in at the first election; on the basis of one Representative for every hundred voters, without counting fractions under one hundred ; provided, that each precinct shall have one Representative, whatever may be the number of its voters. After the votes are all taken, and the polls closed, the Judge of the election shall declare the person who has received the highest number of votes for Representative, to be duly elected, agreeably to the basis above mentioned ; and shall issue certificates to such person accordingly. In case of a tie between two or more, it shall be decided by lot by the Judges.
Art. 13. All powers or grants of powers, rights, privileges and immunities, not expressly given or granted by this Constitution, are reserved to, and shall remain with the people of the State; and can only he dissolved or delegated, by amendment to this Constitution.
S
PETITIONS. To make way for this constitution, a petition was prepared by the Convention, in which they assigned many reasons why it should be granted. A few of the leading ones noticed by us, will be sufficient at this time, to connect our chain of circumstances; always leaving the reader the freedom of his own conclusions, and upon republican principles to make just such use of them as he shall think proper. To the Sovereign General Congress of the Republic oj
Mexico.
The inhabitants of aZZ Texas, met in General Convention, at the Town of San Felipe de Austin, by means of delegates, for the purpose of maldng known their wants to the government, most respectfully represent, that they desire the separation of Texas from Coahuila; believing such separation indispensable to their mutual happiness and prosperity; and that ultimately, such division would produce the most happy results to the Mexican Republic.
Coahuila being so far distant from the population of Texas, and so widely variant from it in interests, the rights and wants of the people of Texas cannot be properly protected and provided for, under the present organization,— admitting the several Departments of the Government of the State to be prompted by the utmost purity of intention, in their efforts for the administration of justice.
Coahuila and Texas are dissimilar in soil, climate and productions, in common interests, and partly in population. The representatives of the former are numerous, and those of the latter few; in consequence ofwhich, any law passed peculiarly adapted for the benefit of Texas, has only to he the effect of a generous courtesy. Laws happily constructed for the benefit of Coahuila, and conducive to its best interests, might be ruinous to Texas; such are the conflicting interests of the two countries: for instance, the unconstitutional law, prohibiting any but native Mexicans from retailing merchandize, in those places not inhabited by American colonists — to the exclusion of naturalized citizens from participation in that employment.
Another reason, which should interest the sympathies of the Republic, and enlist the aid of government, in favor of Texas, is its locality, being adjoining the territory of a powerful nation, whose established policy towards the aborigines has a tendency to flood Texas with Indian emigrants of a character dangerous in the extreme. The wide extent of wilderness, forming a natural boundary between Texas.and Coahuila, places an indispensable barrier in the way of Coahuila's extending the efficient means of defence she might wish.
This circumstance alone demands that all the energies of Texas should be embodied, to prevent that calamity which threatens this favored country; and which nothing short of a well regulated government of a free, unshackled, and independent State can provide against.
Be it known, therefore, that we, the people of Texas, view with regret and concern, the present unfortunate situation of the North American Tribes of Indians residing in Texas, and much deplore the transactions which have occasioned it.
It is a well known fact, that the Cherokees claim by way of grant, a tract»of land situated about thirty miles to the northwest of Nacogdoches; which claim they have been told, is worth about as much as the paper.it is written on. The Shawnees also: — to say nothing of those other tribes, which have settled in the country — and have been promised possessions. The promise is still protracted.
When the Indian (inclined as he is to believe that a promise made, eventually must be fuliilled,) becomes too frequently the dupe of craftiness and oppression, he naturally becomes discontented, unfriendly and hostile; and in the present instance might be made more troublesome to us, than those tribes which no concessions will mollify!
The Indians' repeated req-west to obtain their rights, are unattended to; because an accredited agent of the government has been illegally suspended, by a military officer of the last dynasty, who, in continuance of his system of deception and conciliation, and with a view to enlist their aid, declared to the Cherokees, (at the time we began to evince a disposition of throwing from our necks the insup^
portable weight of military oppression,) — 'The Americans grasping for land, intend making the attempt of driving all my countrymen from this State; and an extirpation of you all will soon follow.'
But the conflict at an end—we explained to them the true causes which impelled us to arms^ and they, seeing a large number of our native Mexican fellow citizens had taken up arms in our behalf, seemingly became convinced, that we fought for justice to ourselves, and with respect for the rights of every Indian.
However, unfortunately—just at this time, and while they wore being told, the Government would put them in possession of their lands, — some of our fellow citizens, without autJiority, ran off, and concluded in a survey, part of the Cherokee claim or grant; consequently creating, by such an act, a distrustful disposition on the part of those Indians — in conjunction with all those unlawful acts, so repeatedly committed on the poor confiding Indians of Texas, who are thus made to believe that we are actuated by the same spirit as their former oppressors. Therefore, do they credit any gross misrepresentation made to them, giving to former apprehensions the guise of truth; and they are now losing past confidence, in all individual protestations or advice: like the wrecked bark, which having crossed a v/ide expanse of ocean, is in sight of her destined port, but without the friendly sails that propelled her, and without any visible aid or probable chance of assistance! Under these Indian circumstances alone, we most respectfully solicit and entreat your most Honorable Body, to consider that as a state, we would be enabled to take such active measures in their behalf, as would convince them, that they could not with impunity be unlawfully or unjustly intruded upon; humbly trusting, that we could do such justice to their wishes in relation to lantls, as could not fail to assure them of our friendship and protection; — besides, enlisting those North American Tribes of Indians among us, in favor of the state and general Government, by securing to them a permanence of situation, and enrolling them as brother-citizens of that confederacy, which they so much respect and regard! For ihe above reasons and many
others, which the General Congress will readily conceive, and in viewof the decree of the 7th of May, 1824, allowing the people of Texas, so soon as their situation would permit, to appear as a distinct state, to report to Congress for their resolution, — also, in connexion with the 11th section of the Federal Constitution, guarantying them a representative in Congress, whatever may be their population; and considering duly, the benefits that would result, both to Texas and to the nation, we entertain no doubts of the favorable reception of this petition. The people of Texas present the strongest assurances of their patriotic attachment to the Constitution, and to the Republic — pledging all and every interest in life, for the support of their declaration!
Therefore, they most respectfully petition, — that that part of the Mexican Republic, known by the name of Tcx-as, shall become a separate state of the confederacy — to be placed upon an equal footing with any of the states of the Union.
Among the TWfXT??/petitions which accompanied the above, there was one which deserves particular attention, concerning the Tariff; as partly by the General Government's neglect on that head, and particularly by the mercantile speculations on that subject, the Texasians' difRculties with the officers of General Government have ever taken their rise; until the land peculation of March 1835, which shall be noticed by us presently.
To the General Congress, &lc.; — The inhabitants of Texas, and so forth, — respectfully represent, that the duties on articles of necessity to the inhabitants, which are not and cannot be manufactured in Texas for several years to come, are so high as to be equivalent to a total prohibition : that many other articles which are prohibited by the Tariff, are of the first necessity to the settlers of Texas. And as the people, of this section of the Republic, are yet almost without resources, and are generally farmers who make their support by cultivating the land, and have no manufacturing establishments yet erected within the limits of Texas; they respectfully petition the General Government, to grant for three years the privilege of introducing, s2
free of duty, such articles as are indispensable to the prosperity of Texas. Among which, this Convention beg leave to enumerate the following, to wit: Provisions, Iron and Steel, Machinery, Farming Utensils, Tools of the various Mechanic Arts, Hard-ware and Hollow-ware, Nails, Waggons and Carts, Cotton Bagging and Bale rope, coarse Cotton Goods and Clothing, Shoes and Hats, Household and Kitchen Furniture, Tobacco for chewing in small quantities, Powder, Lead and Shot, Medicines, Books and Stationery. The foregoing articles include the principal imports made use of, and wanted by the inhabitants of Texas. Many of them are prohibited, and on those which are allov/ed to be introduced, the duties are so high that they amount to a prohibition. The trade to Texas is small, afnd the resources limited; but, if fostered by a liberal policy on the part of the General Government, it will, in a few years, yield a revenue of no small importance.— Signed, &c.;
AUSTIN'S CORRESPONDENCE.
Colonel Stephen F. Austin, who had been for many years the Colonists' representative in the General Congress, was chosen in the spring of 1833, by a large majority, to represent the country again on this momentoufj occasion; although there had been no little opposition mad