The Writings of Sam Houston, Volume VII

WRITINGS OF 5AM HOUSTON, 1859

244

an influence to his views and interests by his presence and countenance. On the 30th of June, 1847, a decision was given in the case of Phalen vs. Herman, 4 in the court of New Orleans, in favor of the plaintiff, declaring the fraudulent certificate sued on to be valid, and giving judg·ment for $3,000. Here the curtain drops in New Orleans; but without a day's intermission rises again in continuation of the plot in Texas. With reference to this Phalen suit, we find the following judg- ment expressed in a series of resolutions passed in August, 1856, by the Senate of Texas, but at too late a day in the session to obtain the action of the other legislative House: "Said judge [Watrous] is guilty of obtaining and attempting by contriving and carrying on a made-up suit in his own court, to validate in the same .over twelve hundred fraudulent land certificates, claimed by himself and his 'compeers,' and of a class-in all the enormous amount of twenty-four million three hundred and thirty-one thousand seven hundred and sixty-four acres-of fraudulent certificates, thereby attempting to deprive his country of a vast domain, besides causing the State the cost of additional counsel in defending herself against such enormous preconcerted spoilations; and, on discovery of his interest in said class of certifi- cates being made, said judge transferred said suit for determination in the United States court in another State, after shaping the case and influencing that court in such a manner as to obtain his desired judgment." It will be observed from what I have stated of the sudden translation of the conspiracy from New Orleans to T·exas, that there is no pause in the progress of the drama; the scenes are shifted with almost incredible swiftness; and when the interest might seem to flag, we find a new character introduced into the drama to challenge our admiration of the versatility and re- sources of the plotters. Thus we find, on the very day of the rendering judgment in the Phalen suit at New Orleans, Thomas M. League, a new character in the play, but sufficiently well known as a partner of Judge Watrous in his land speculations, and an ally in all his enterprises, intervenes and institutes a suit in the State court of Texas, as the transferee of the identical fraudulent certificate that had been declared valid in the United States dis- trict court at New Orleans. This Mr. League will be found to be a conspicuous party throughout the whole system of fraud

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