·11;· ,II II: I ,I
WRITINGS OF 5AM HOUSTON, 1842
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254
With deference I would suggest that if the former citizens of that section of the Republic were compelled to leave their homes in consequence of the war of 1835, since that time this government has interposed no obstacle to the resumption of their former possessions. Their situation was truly harrassing and calami- tous; and though the major part of them fled to Mexico for protection, it was natural that they should have done so inasmuch as the Mexican troops were at that time in possession of that portion of our territory. No act of forfeiture has since tben been passed to the prejudice of those claimants, nor would the govern- ment, upon their application, have prevented them from resettling their lands. Though they were debarred of the right by the pro- visions of the Constitution of 1836, it will be perceived that the greatest leniency has been exercised; and that those who incurred the penalty of forfeiture have never suffercd from its enforce- ment. If they were really subjects of Her Majesty~s Government, they could not hold land of their own right within the Republic of Mexico, and if they were bona fide Mexican citizens, it would not be within the province of any government, other than Mexico, to interfere in their behalf. They were either Mexican citizens or British subjects, and as they make reclamation of their homes as the latter, they thereby decide the question, and therefore cannot hold land in right of being Mexican citizens. .The Executive would respectfully suggest that if they wish to return to their homes and are willing to render allegiance to the Republic of Texas, he would not feel authorized in the ab- sence of prohibitory provisions to prevent the peaceful occupation of their former residences. Hence it would seem that any pro- vision in their behalf would be unnecessary, and that the course for them to pursue would be to communicate their disposition and wishes to the government which would extend to them leave to return to the country. It is respectfully requested that the Honorable Senate will cause this communication, with the accompanying papers, to be forwarded in proper season, to the other branch of the Congress, for its information and action. Sam Houston. 1 "Messages of the Presidents," Cong1·<!ssional P0,pen1, Seventh Congress; also Exec1itive Record Book No. 40, pp. 183-184, Texas State Library. Journals of the Senate of the Rev11blic of Texas, 7th Cong., 1st Sess., pp. 67-59.
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