The Austin Papers, Vol. 1 Pt. 2

THE AUSTLN PAPERS. 1497 in sufficient quantities for her own consumption, flour, sugar, rice and many other articles; she has not a sufficient number of curriers, shoe- makers, hatmakers, tailors and other tradesmen; she has no cloth factories; and cannot expect to have any for some years to come, for ,vant of hands and capital. A communication with the other States which might supply her with these a1ticles, cannot be conducted without an escort of troops for protection against the Indians. All this was certainly well understood by the Sovereign General Con- gress when they passed the decree referred to, and their object was, obviously, to admit from foreign countries, all the articles required by the people of Texas until she extricated herself from her unfor- tunate situation. Texas is now in the condition she-was at the time of the publication of the decree of September the 29 th 1823, and all the motiws that urged Congress to grant the privileges contained in said decree, still exist to the same extent. Therefore, taking into consideration the text of the decree, and the eviclent intention of the Sovereign authority that made it, it appears to me that justice and the welfare of Texas, alike demand tJ1at the decree of May the 20 th 1824-, which prohibits the introduction of certain articles, should not be so construed as to abrogate or in any wise impair, diminish, or change the decree of September the 29 th 1823; and, that, by virtue of said last mentioned decree, any goods not coming from an enemy's country may be lawfully introduced into Texas by the citizens of any nation at peace and in friendly relations with our Republic: and be sold to the people for their own consumption, agreeably to tht letter and spirit of said law of September the 29 th 1823, and the in- tention of the sovereign Constituent Congress which was evidently to grant to the people of Texas the li-berty of introducing "all goods of any class whatever, whether home products or foreign," free of taxes for the term of seven years from the publication of the decree at Bexar. Indeed, if we admit the principle that a subsequent law may deprive the people of a portion of that favor we must also admit thnt they can be deprived of the whole. The law of l\fay the 20 th 1824, on prohibited goods, a.nd other laws published subsequently to the decree of September the 29 th 1823, establish the taxes to be paid on goods introduced into the .Mexicnn Republic. Now, why are these laws not extended to Texas; and why is it not declared that t.he goods introduced into Texas shall pay the snme taxes as in other sections of the country1 Why is the law establishing the tariff of a date posterior to that which exempts Texas from taxes 1 it occms to me that it is as natural to give this construction, as to hold that goods are prohibited by a general lnw published subsequently to the law which grants the particula.r privilege of introducing them into Texas free from taxes "all goods, whether home products, or for- eign." Furthermore the law of ]\,fay the 20 th 1824~ makes uo mention

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