The Papers of Mirabeau Buonaparte Lamar, Volume III

320

TEXAS STATE LIBRARY

he could not, any more than the original claimant, protect himself from these consequences of fraud by parting with the certificate to a third person.-These being my views at the opening of Congress, having plain- ly stated that I considered head-right claims transferable before the issuing of the certificates, and that it was my opinion that the patent was to issue to none except the person who obtained the certificate, I -could not without any change in my views, consistently affix my signa- ture to a bill, however much I might approve the object intended to be -achieved bv it that went directly in contravention of those ronstitu- tional rights which had been acquired by previous laws. Without intending to dictate to the' honorable Congress the course to be pursued in this matter, it does appear to me that a bill similar to the ·one presented to my consideration and omitting the 6th. and 8th. sec- tions, would accomplish all that is sought to be obtained to this subject; -and as no part of the bill has been rejected except those two sections, I can perceive no constitutional objections to my giving my approval to another bill which shall not embrace them. Feeling deeply that some legislative action is all important to the interest of the Country I can but hope that some bill may be passed to which I can give my assent, without violating in my opinion the obligations opposed by my official without violating in my opinion the obligations opposed [sic] by my official oath. No. 1702 1840 Jan. 29, E. BURLESON, AUSTIN, TEXAS, TO M. B. LAMAR, [AUSTIN, TEXASJ 5 ~ 'To your Excellency Austin January 29, 1840 M. B. Lamar President of the Republic .Sir -Consulting-the Interest of my domestic affairs and [t]he attention that -a wife and Large family of Children de[m]ands of a husband and father ·.at this time Constrains me to tender you this as my Resignation as the Comadant of the first Regiment of Inftry your honor is well apprised <that when I Accepted my appointment that it was purely from the Interest that I felt for the frontier and Seeing threw your Energy and the persaverance of the Hon Secretary of war the .frontier at this time is in a prosperous Condition for permanent protection I hope it will be acceptable to your Honor with the warmest feelings of Gratitude for y[our] Self I and all the officers of Government associated with :you and Also those that belonge to the Regment which I have had the Honor to Comand

and subsrrib-e my self your friend and i::ervant Ewd Burleson Col. . Comdt I.st Regmt Inftry G. A.

[Endorsed] Edwd. Burleson Resignation Jan. 29. 1840

[ Addressed]

His Excellencv lVI. B. Lamar presant ••.A. L. S.

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