48
TEXAS STATE LIBRARY
subject of our own political quackery, and expose a system founded in fraudulent speculation, and carried on to an alarming ext~nt by the unhallowed spirit of peculative gain. I do not feel myself competent to do the subject justice and i;;hall only touch it incidentally. I will first premise that the com;titution by which we now pretend to bc> governed, is not in many of it1,1 provi,:ions the one adopted by the con- vention; but was made up from the rnass of undigested matter con- <!Octed by that body, in the slrnpe of resolution, report, amendment &c &c I have no doubt that the subsequent "ompilcrs, acting (as assistant ~lerks) out of the thousand and odd loose scraps made the constitu- tion as well as might rcasonabh- be expected under the existing excite- .ment. It has proved extremely unfortunate for the country howe,·er, that :some particular provisions, which were certainly adopted by that body, :as a part of the fundamental law does not now appear in that instru- ment. In some instances this has been attributed to design The most liberal, and perhaps, the most just construction would be as above stated. The hurry and confusion in which that important business was transacted. I think accounts for all discrepancies. As it is a fact well known that notwithstanding the importance of the occasion; the body acted in a hurry, adjourned under a panic, and left their business iin entire confusion .; - and many of them had no doubt crossed the :Sabine ere their names were appended to the instrument now called 1he constitution It has however, since been adopted by the people :and is virtually the fundamental law of the land. One of the provi- :sions alluded to above, which was certainly adopted was respecting the landed interests of the Country. This provision seemed to have been drawn up with care, leaving very little for legislative action; other than carrying out the base details Had this provision remained, ample justice would have been guarantied to the in,lividual locator, and also to the government. The locator would have made his locations sen- :sibly without the fear of conflict with his neighbor, and all litigation respecting land titles would have been avoided The government then "'COUid at all times have ascertained her public domain without any ·trouble The landed interests of a Country is certainly the most im- lportant and particularly in a Country like ours which may be corn,id- •ered almost entirely agricultural The land titles of a country may be very aptly compared to the basement story of an edifice If it be well and sut'ely founded and properly cemented but little fear is entertained of the permanency and durability of the fabrick which may be reared 1Upon it And vice verse If the land titles of a country are involved in incertitude and doubt, every thinj! connected with that Country ·seeins unstable and ficticious. The qu[a]ckery of legislation, together with the glorious uncertainties of the law, renders the situation of the ·occupant, as it were, a tenant at will, and subject to endless litigation. Under such circumstances a.II improvemenb, are temporary The pro!!- Tess of the Country is retarded, and ewry thinir shews a want of stabil- ity and confidence. This l consider one of the greatest curf'es which could be inflicted on an agriculturi!l Country Great discontents fre- quently arise in the bef<t constituted governments from causes, which no human wisdom could foresee and no human power can prevent. Under such a state of thirnTi;; as now exi1,1b,. the evils now sown will shoot out and veg-etate in fnll luxnriance The minds of men will be- come soured and put out of humor with all public men and public in-
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