WRITINGS OF 5AM HOUSTON, 1842
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T·o THE TEXAS CONGRESS 1 Executive Department, Washington, December 28, 1842. To the Honorable, the Senate and the House of Representatives: The Executive avails himself of the earliest opportunity to present to the consideration of the Honorable Congress, a subject upon which its action is respectfully invited. It appears that certain grantees presented a memorial dated 5th April, 1839, whose names will be seen in the accompanying despatch of the Honorable Charles Elliot, Her Britannic Majesty's Charge d'Affaires to Texas, in which they claim various grants of land!! under the colonization laws of the General Congress of Mexico, of the year 1829, and for which they seem inclined to claim remuneration, from the fact that the revolution of 1835 prevented a compliance on their part with the conditions of their grants. It is to be regretted that copies of these grants have not been presented to this government. The dates as well as the conditions of the grants are consequently unknown. And though the me- morialists allege that they did take measures to fulfill their con- tracts with the Mexican government, they do not show that they had performed any one of the conditions; nor do they set forth that their contracts were not forfeited before the year 1835. If such grants ever did in reality exist, it certainly will be competent for them to show when they were made-the condi- tions annexed, and that the grants were not forfeited by an omission to perform their conditions. It was the duty of the memorialists at an early day to have acquainted the government of Texas with the existence of these grants, and to have made them, or copies of them, a part of the archives of the country. If this has been done by reference to the General Land Office, the fact can be ascertained. The only wish that the Executive can entertain on this matter is, that if merit should be found in the premises equity may be done to the claimants, should the existing laws have interposed any obstacle to an equitable adjustment of their rights. A law was passed by Congress opening the courts of justice to all em- presarios, and whilst others have availed themselves of the bene- fit of the law, it is to be regretted that the present memornlists had not thought proper to make use of similar advantages. It will be perceived, also, by the despatch of the Honorable Mr. Elliot, that the former settlers of San Patricio have solicited in their behalf the interposition of Her Majesty's government.
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