The war in Texas; a review of facts and circumstances, showing that this contest is a crusade against Mexico, set on foot by slaveholders, land speculators, & c. in order to re-establish, extend, and perpetuate the system of slavery and the slave trade. Page: 11 of 64
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REVIEW OF THE DECLARATION OF INDEPENDENCE.
"155. No suit can be instituted, neither in civil
nor criminal cases, for injuries, without [the plaintiff
being able to prove, having legally attempted thl
means of conciliation."
"156. None can be deprived of the right of terminating
his differences by means of arbitrators appointed
by each party, whatever may be the situation
of the controversy."
It was understood that the States were at
liberty to establish the trial by jury, when, in
the opinion of the Legislatures, the state of
society should warrant it. And by the Constitution
of Coahuila the agreement in this particular
shall be religiously observed, and the sentence of the
arbitrators executed if the parties who have made
the compromise do not reserve the right of appeal."
" 192. One of the principal subjects for the attention
of Congress, [State Legislature,] shall be to
establish in criminal cases, the Trial by Jury, extending
it gradually, and even adopting it in civil
cases, in proportion as the advantages of this precious
institution may be practically developed."
In order to carry otlt the principle alluded
to in the last article here quoted, the Legisla.
ture passed an act in the year 1834, (I believe,)
instituting the trial by jury, and appointed a
gentleman of legal acquirements, formerly a
citizen of the United States, one of the judges
to carry it into effect. A series of essays,
written in the Spanish language, were also
published in the newspaper at the seat of the
State Government about that time, elucidating
the nature and advantages of the trial by jury.
Thus we.perceive that measures were takenprobably
as soon as the state of things would
admit-to incorporate this institution in the
code of laws. And, ;n the alterations proposed
for the Constitution of the Republic, no mention
has been made relative to this particular
subject. The reader will, therefore, judge
with what truth the assertion has been made,
that the government "refused" to establish
the trial by jury.
One of their grievances is declared to be,
that the government " has failed to establish
any public system of education," thus trampling upon the most sacred
rights of the citizens, and rendering the military superior
to the civil power."
In what respect these "arbitrary acts" have
been exercised, is not specified. But, as I
have before stated, they themselves refused to
carry into effect the laws, or render obedience
to the civil authority, in numerous instances;
and, of course, the Executive was obliged to
resort to the use of military force, to cause the
due observance of legislative e:nactments.
Again, they say:"It
has dissolved by force of arms the State Congress
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Lundy, Benjamin. The war in Texas; a review of facts and circumstances, showing that this contest is a crusade against Mexico, set on foot by slaveholders, land speculators, & c. in order to re-establish, extend, and perpetuate the system of slavery and the slave trade., book, 1837; Philadelphia. (texashistory.unt.edu/ark:/67531/metapth2414/m1/11/: accessed May 30, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .