Texas National Register. (Washington, Tex.), Vol. 1, No. 37, Ed. 1, Thursday, August 21, 1845 Page: 4 of 8
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I WBHB A S WA?P I O N A L RE G;I S T E It.
August 21
.
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?iTHB MERCER CONfrR Apt.
Glarksville August 12th IS44.
Beat Sir: In availing myselff your
liberal offer of this morning to allow roe
the use of your paper to correct false and
injurious reports concerning my late con-
tract with your Republic 1 cannot deny
myself the pleasuie of tendering' to you
my greatful acknowledgements and assur-
ing you of thesiucere respect of
Your Ob't Humble Seivt.
C. F.. Mercer.
To Maj. Charles De Morse.
TO THE PUBLIC.
Having been induced after much per-
suasion and twelve months delay ; to be-
come an associate oi a company formed
in London in the autumn of 1842. for tiie
purpose ot colonizing a part of the vacant
lands of Texas under grants irom the
Republic made in 1841 I came to Gal-
veston in December last ; and thence lo
Washington on the first day of the pics-
ent year in order to obtain if practicable
certain amendments of those grams and
farther time to fulfil their conditions.
Of the nature and object of those amend-
ments it is needless here to say more than
that they were calculated to benefit equal-
ly the grantees and the Republic. On
one of them the allowance of further lime
was demanded by the most obvious chums
of justice. So thought the Senate of Tex-
as; and in that opinion a huge number ol
the late House of Representatives concur-
red. A majority of the latter however
dissented ; and the purpose which had
brought me near two thousand miles from
home toially failed. The Senate's bill
granting a charter to enable the grantees
to act by a common head to regulate the
affairs by the voice of a majoiity of their
number in interest; and lestoringio tln-m
the time taken from them by the public
proclamation of the 23nd of June 1S43
forbidding the survey of any lands in the
frontier counties pending the negotiations
with the Indians received a vole of IS to
10 members of the House of Representa-
tives iu its favor on the 2nd day of Feb
ruary: but was rejected the next day. by
a majority of 25 to S.
1 was assured by a very intefligcnt gen-
tleman shortly after my arrival "at A ash-
ington. that 1 would find it less diflicult
to obtain a new grant to myself than the
amendments I sought of the old grants.
"The grantees under those had lost he
told me the confidence of the public by
failing to fulfil theilattering promises they
gave the Government when the joint reso-
lution of the 1-hh of January 1S-12 in their
behalf was adopted by the preceding Con-
gress and approved by the President.5'
That resolution assured to the grantees
liberty to settle 10000 families "and to
take to themselves the alternate sections
reset ved lo the Government at any time
during the existence of their contract at
twelve dollars per section only.
After a residence of a fortnight at Wash-
ington being doubtful of tiie success of
the.bili then before the Senate. I availed
mj-self of the friendly suggestion that I
have mentioned and submitted to the Pre-
sident under cover of a letter a proposal
to grant to me and to such associates as 1
might choose a body of lands for coloniza-
tion on the following terms : I was lo sur-
vey at my own cost the granted lands as
the emigrants might need them and to
sub divide them into sections of 640 acres
each reserving every alternate section for
the Republic and allow each emigrant fami-
ly not less than a quarter nor more than a
whole section. 1 proposed also to colo
mze tne reserved sections on the condition
prescribed by the preceding Congress of
paying twelve dollars for each alternate
section that I might colonize.
The. letter containing the proposals was
shortly after it had been received handed
by the President tj the Secretary ol Stale
as presumed to have drawu up. "a contract
in conformity with my views. After seve-
ral days delay 1 was. however told by the
Secretary at h:s office that no instructions
to that effect had been received by him
and that he believed though he was not
certain that he returned my letter to the
President. I then asked permission to
report this to the President and on ascer-
taining his views on the subject to return
to the Secretary's office prior to his depart-
ure fro.fi Washington near which he re-
sided. I found on inquiry that I had not
mistaken the President's intention in hand-
ing over iuy proposals to the Secretary
and being empowered so to state I return-'
ed to the offiee nt the Department of State
with that information. 'The Secretary
being much pressed by other engagements
requested me to draw up a contract cor-
responding with my letter to be submit-
ted to the Presideut for his approval.
The draft was accordingly proposed but
on its submission to the President he did
not approve it alleging that he could not
sanction any contract which did not offer
a higher consideration for the reserved
sections as he relied on them to discharge
part at least of the debts of the Republic.
My reply was that the contract was drawn
in accordance with the terms of my offer
and the joint msoltuion of the late Con-
gress. The Presidednt did not question
this but plead for his excuse for misappre-
hending' my letter that he had received it
when oppressed by very important public
duties and had given too little attention
to the subject. 1 then proposed to obvi
ate his objections; by giving in addition
to the 12dollais the pace set upon the
reserved sections in the upper colony by
the resolution of. Congress and to pay (340
dollars for every reserved section being
one dollar per acre in the audited claims
upon or the liabilities ef the Republic;
and also Unetilc an emigrant family on
earn section on the same terms as on the
sections not reserved. with a proviso that
not less than 100 families should be coloni-
zed in each year and that the time allow-
ed for. the duration of tiie contract should
be five years only Irom its date. The
above terms were embodied in a letter
from the President which I bore to the
Sec. of State who repealed his former sug-
gestion that 1 should draw up the contract.
This draft after careful examination
was approved and placed in the hands oi
the clerks oi the Department ofjjtote to
prepare the official copies. forflRatnre.
The Clerics being burthened wffh other
duties arising from the frequent calls of
the Congress then sitting for information
from the" Department of State the ''Opymg
proceeded slowly. On the 25th of .limita-
ry having the seal ol ihe Republic attach
ed to them the signature of the parties
and the attestation"-! the Secretary ol State
irnrn fnl-IMn 1 ! XT nn1 III t-i .vl
Will luiniuiiy v.uiiif'n..M
One copy war deposited in. the Depart-
ment of State and ihe other delivered to
me. On subsequent enquiry as lo the
corner fixed at the mouth of Richland
Cieek. on the Trinity which was said to
be several miles wide at high water it was
proposed and agreed to carry this corner
lower down to a stream named " Cedar
Creek" on the map of Hunt and Randell
being the second creek from Richland.
This gave rise to the necessity of again
transcribing the contract a task which
Maj. P. J. Pillans kindly undertook to
perform for me ; and of this new transcript
two copies were again preparad in the
Department of Slate between the 25th and
29th of January; when those of the for-
mer date were cancelled and the last defi-
nitely executed and delivered iu their place.
Such is the history of a contract which
is said to have caused no little excitement
and proportional misconception : if not in-
tentional misrepresentation.
In tiie execution of this Contract the
Secretary of State and his clerks perform-
ed a merely ministerial duty in conformity
to their instructions.
In making the Contract oi which the
written instrument is but the evidence
the President acted under the authority oi
existing laws. and. with the avowed pur-
poses to augment tiie populat-on by a set-
tlement of a portion of the vacant lands of
tie Republic; and to improve its credit
abroau by a provision for some part of its
public debts.
Least of all can it be said with the
slightest respect for truth that ihccontract
occupying; as it did thirteen closely writ-
ten pages of extra post paper and having
been seven limes transcribed was hastily
negociated or secretly executed.
Nine persons ; under no injunction 01
become one of my associates ; to which he
assented. I offered an interest in it the
ensuing day to a merchant of Galveston
which he declined and on the 5th of Feb-
ruary I left Washington fon the United
States..
In this communication to the public I
have no political views to promote. It has
been delayed tjll.my departure from Tex-
as after a more protracted visit than my
first: and is now extorted from me by the
misrepresentations that have daily met.my
ear.
It will not I trust be 'deemed improper
for me to add that 1 have secured the co-
operation of near twenty associates in the
execution of the contract of which I have
detailed the entire history with a minute-
ness designed to exclude if possible fur-
ther misconstiuctiou.
The power I am allowed to retain not
only over the lands to be acquired but the
application of ihe funds which my asso
cialesare to contribute is without limita
lion: and lhat of naming who shall suc-
ceed me as chief agent of the association
in case of my death resignation or inca-
pacity excludes all distraction of counsel
and the delays usually resulting from the
connection of many persons in the same
enterprise. We have as empowered by
the grant we hold assumed the title of
"The Texas Association."
In accepting the office of Chief Agent
without any salary 1 have sought to ter
miuate usefully a life the. greatest part o!
which has been hitherto detfttcd to the
service of my countiy.
Although Texas is not and may never
become a part of the U -lted States I can
not regard th.it which may contribute to
her prosperity as a matter of indifference
to the people of the United Stales. The
present inhabitants of Texas are '-flesh of
our flesh and bone of our bone." And
can any unprejudiced citizen of either
country doubt for a moment ifiat the
speedy settlement of the territory of Texas
bordering on the Indian frontiers of both
countries woi 1 i be beneficial to bo.th.
On the Wesiein and North Western
frontier of both countries ever since the
removal of ihe Indians from the eastern
side of ihe Mississippi the Unit d S. ales
have had to keep watch over sixty thous
and savage warriors ; many of w. om owe
to them less gr.aiiude than lo Texas.
Since December last the two Colonies
forming on the Tiiuity opposite to this
Indian countiy. have planted more emi
grants to Texas from ""the Uniled States
than have enteied the rest of her territory
in the same period from every other part
of the orld. The emigrant lamilies
counted on the last days of June in the
nnner Colon v. amounted to 2GS. Since
crease that labor is therefore to augment
directly the public revenue.
If public credit be substituted for money
that credirmust be founded. on the- dispo-'
sition and the ability fo sustain it. It can-
not be sustaiued without some provision
for the payment of the debts which Texas
has already contracted or may hereafter
incur. What betlerprovision can-be mader
under the present circumstances of the-
country than that which those coloniza-
tion contracts supjly?
What other provision has been- made?
The only one I have heard otf is that
which gives for two dollars of tiie public
debt a certificate or scrip for an acre of
vacant land which the holder is to findr
and pay for surveying.
If the public lands he ahsorbed'by specu-
lation of what avail to the distant bond-
holder is this consideration?
Let if be compared with ihe terms of the-
last colonization contract. 0:e family is
to be settled in every reserved sectionpur-
chased by The Texas Association'; the
section is previously to be surveyed and
ti.e title to it investigated without cost to-
tin Republic and moreover twelve dollars
in specie and 6-10 dollars rf the pubhcdebtr.
are m be paid for ihe section so colonized..
Should the reserved sections be not colo-
nized t'icy are forenmm the property of
the Republic with all that appreciation of-
value which will necessarily' accrue from-
theseltleuent and improvement of the ad-
j.tcent sections.
The bor-d holder instead of hunting for
lands at a distance from his u llingand
pursuits will have a new purchaser in the;-
money market.ibr th - bonds ne holds.
CrfiiLi-.s Fi.rvroN Mcrcer.
Clarksville AiigflSth 144.
tli. .ii iIiimv iniiiliiir Iimc lioon (ivtpnilpri In
400 hv fresh arrivals. Inthe Iouer Colo- part of the cession (that beyond
..r t!.ro -.r i-VUClvy. lUil U IUUJJ-. ) illlU y Hie lOUVeUU
n v. it has been ascertained th
iOOTamihos who have moved from the
United States since the middle of Fcbrtia
ry.
The total numbers in both colonies ex-
ceed 500 families and their physical pow-
er may be safely estimated al six hundred
rifles in the hands of men who know how
to use them for sustenance in peace and
security in war.
ILis an equel benefit in so shor-t.a time
hi en assured to this Republic by any oth-
er contracts it has ever mi.de 7 Lae the
inhabitants of the frontier counties of Tex-
as upon Red River the Trinity or the
Brazos no interest in the growth and pros-
perity of thoe colonies? Would it be bet-tu-
that their new neighbors from the Cm-
t d States should return to their native
homes a d that the lands they have ob-
tained without cost and aie laboring to
improve should revert to the buffalo .and
(tie hear ; or be accumulated in the hands
of speculators for fu lure sale?
To the security afforded by the actual
colonization of the hitherto vacant lauds
oilier considerations may b offered iu apo-
- F.-ti 'hf On I. News.
MEMOIR ON TIIE WESTERN BOUN-
DARY OF THE U: STATES.
13 v the latiz St i-ipuf.s F. Austin-.
The rapid progress of our western set-
tlements renders it a matter of primary im-
portance that the limits of our territory
should be accurately defined and our
bou -d-iry fixed on an immutable basis.
By the cession of Louisiana it- was un-
derstood i hat the United States became -en-Utl
to all the territory on this side.ofthe
River Bravo del Norte whilst it remained
questionable whether the country on th-
Oregon ever appertained to Louisiana as
occupied by France.
The disclosures of M. Tr'aibois shew
that the French government did not con-
sider that country as forming part of the
cession and purposely left the matter in
obscurity.
Vet thelUhited States have claimed and
exercised soveieigniy over the qnestiona-
the
tion
with Spain have relinquished their claims
to that more valuable part of it bcl ween
the Sabine and del Norte Rivers
llow far this relinquishment by con-
vention with Spain should be considered
binding on the United States. as relates to the
Mexican Republic is an impoitar.t enqui-
ry. It would appear print a facie that as
the Mexican Republic formed part of the
Spanish enij ire at ihe period of the con-
vention its inhabitants were parlies to that
convention as members of the nation which
conclti led it. and by cons c;u 'ice when
that portion of the empire seceded from the
moil cr cc untiy. it remained subject to all
the obligations to foreign nations bv which
the mother country had bound it in treaty
with such powers.
But the jViexican government deny the
soundness of this position and contend
that l.c i evolution has abrogated all the
treaties of Spain so far as they relate to
Mexico.
This they have enforced in relation to
the articles in the treaty with Spain which
stipulate that free ships shall make free
goods.
conrppir. were nnnrmhitcd with its c.h irac- Br zos oi scarcely less political importance.
t I Suppose that an Indian or Mexican in
come of them occupied off cial stations vasion shall again threaten T-jxaswhere
in the Executive Departments and the are her resources for tnegriaintenance of
offices of these departments were open her army to say nothing othe fleet now
every "day from an eai ly hour until sunset dismantled at Galveston i ar cannot be
to the inspection of every body. sustained without money or credit nor
No member of Congress nor any other well without the unionol both. The reve-
person than the writer of this address had nue from the customs at Gilveston last
the slightest interest in the contract at iheycari was 0000 dollars being the fifth
date of its execution nor any promise- of part of the gross value ot the imports charg-
fjt urc benefit from it. ed with duties what are those imports
On the. third of February. I reouested & ll tie returns oi commerce lor tne lruits
lnnrv fnr the. (mints on the Trinity and the
o; " f ; . -' t t- ... ;r..n ! -;... ?:. i -
i(. u tm inu jMipuuujuw: iiiiu conven-
tions with Spain piior to the Mexican
revolution be not binding upon the Mexi-
can nation as the then part of the Spanish
empire no part of them can be held to be
obhg tory upon the United States: and it
follows that the question of limits remains
open as at the time of the convention of
cession and limits with Spain.
The relinquishment of the territory in
question was no doubt made in a spirit of
compromise to induce Spain the more rea-
dily to cede the Floridas to the United
- - - j - - !-... a . ... .
Hp rpnronfirive ofFiuiniii n naiiw of of.tlie lauds of Texas? Without labor of i laes- -accoraingto tne Mexican aoc.
c ZSrth Uuh S; to ' what avail would be the land t To in ! trine -hat cession is no val.d as relates
-t5S:
- w&j jSW&"
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Texas National Register. (Washington, Tex.), Vol. 1, No. 37, Ed. 1, Thursday, August 21, 1845, newspaper, August 21, 1845; Washington, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80131/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.