The Southwestern Historical Quarterly, Volume 57, July 1953 - April, 1954 Page: 35
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Jacksonian Liberalism and Spanish Law in Early Texas 85
Jefferson. There also are evidences of a struggle between the
followers of Jefferson and of Hamilton in the story of the 400-
league grants and in later developments down to the present day.
At the mid-point of the twentieth century, however, the "big
business" element in Texas has a somewhat different complexion
than its equivalent in the East. The typical Texas capitalist, plain
of appearance and modest in demeanor when not aroused, resents
attacks on his vast interests in oil or industry in exactly the same
spirit in which the homespun early Texan fought off any attempt
to prevent him from peaceably working his rightfully acquired
league and labor of land. Thus the Hamiltonians in Texas today
have a strong strain of Jeffersonian blood.
The fact that the liberal laws of Texas were developed under
an absolute monarchy need occasion no surprise. Defenders of
absolutism have pointed out with some justice that life under
such a government may sometimes be freer than life under the
tyranny of a majority."- The crude theory of divine right, which
was developed as a defense for the English monarchs in the
seventeenth century, never was accepted in Catholic countries like
Spain. Rather, the King was made to feel that his right depended
on his ruling justly, in accordance with the standards of his time.
A disinterested examination of Spanish-American history will
show that the King was generally more of a humanitarian than
his conquistadores, and he was not entirely above the law. A sub-
ject who felt himself threatened with injustice could appeal to the
King's judges, who referred to the Siete Partidas and the Code
of Justinian in much the same way that American judges now
refer to the Constitution. It was the King who tried to enforce
the laws or made new ones which had to be in harmony with
the old, and it was the overseas officials who applied, misapplied,
or ignored them.
During the prerevolutionary period in Texas, the desire to
enjoy security on the land showed itself in a willingness to abide
by the traditional laws and the Mexican Constitution of 1824-
despite their grave denials of civil and religious liberty-as against
the vagaries of successive revolutionary leaders. This feeling on
the part of the colonists, explicitly described in their writings,
94Erik von Kuehnelt-Leddihn, Liberty and Democracy (Caldwell, 1952).
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 57, July 1953 - April, 1954, periodical, 1954; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101152/m1/53/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.