The Papers of Mirabeau Buonaparte Lamar, Volume III

95

PAPERS OF MIRABEAU BuoNAPARTE LAMAR

"populated districts in any part of the Republic where the citizens of "said counties may be temporarily residing, until such times as the "citizens .of said counties may be permitted to return with safety to "their homes." &C. They have request~d me to give them this note to you, as I declined any action until better advised, under that law, both for the want of authority to me under it, and for the reason, that, by my construction of it, the polls should be opened in that part of the Republic where the most of the citizens of the depopulated County temporarily live, and I am only informed of the presence of the above two citizens of San Patricio in the County.

Respy

H. Humphrey~ [rubric]

His Exc'y

M. B. Lamar President

[Endorsed] Judge Humphreys 2nd Sept 1839

[Addressed] His Excy. M. B. Lamar Houston

No. 1435

1839 Sept. 2, M. B. LAMAR, [HOUSTON, TEXAS], TO [J. WEBB, HOUSTON, TEXAS] 56 Honl. Attorney Genl. I wish you to examine the law on the subject above agitated 57 and give me your opinion on the same- 2nd Septr 1839 M. B. Lamar No. 1436 [1839 Sept. 2], J. WEBB, HOUSTON, [TEXAS], TO [l\I. B. LAMAR, HOUSTON, TEXASJ 58

Houston 2d Sept 1839 At Home-

His Excellency

The President, Sir,

The law 59 which authorizes elections to be held for Representatives of the "Depopulated districts" in parts of the Republic other than the proper Counties, evidently contemplated the existence of a state of things {hostilities) which precluded the Citizens of those Counties from remaining at home, and voting in the regular way pre- scribed by law- At present, I know of no state of things which would drive any Citizen from his established domicile, or prevent him from exercising the right of suffrage in that County which he had chosen for his residence-Or in other words, I know at present, of no depoluted [depopulated] Counties within the meaning of the law, & can perceive ••A. N. S. Appended to no. 1434. 57 See no. 1434. ..A. L. S. ..Act of June 5, 1837. Printed i1:1 Gammel, Il. P. N., Laws of Texas, I, 1292.

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