Telegraph and Texas Register (Columbia, Tex.), Vol. 1, No. 31, Ed. 1, Tuesday, September 27, 1836 Page: 3 of 4
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The following text was automatically extracted from the image on this page using optical character recognition software:
like sheep to be shorn. To kill the ruthless soldier, who endeavors to
fasten the yoke of slavery around their necks, is murder; to capture
yessels laden with hostile stores, is piracy; to fight for liberty is crim-
inal; to resist is criminal! Such a doctrine would cut off all hopes' of
improvement from man, and league all governments to the support of
every established despotism. It is the very doctrine of the Holy Alli-
ance, and is condemned by every principle of justice, and by the laws
of nations. These teach us that resistance to tyrants is obedience to
God: that we are in no way bound to interfere in behalf of despotism,
against those who are struggling to be free; and that Texas has an un-
doubted right to exercise those acts of hostility which war authorizes,
and which she has directed against Mexico.
Our courts have decided that the United States became a nation
from the time that -the representatives of the people of the colonies,
declared them independent. Judge Story, in his commentaries on the
Constitution, (vol. 1, p. 203. sec. 215,) says: " From the moment of the
declaration of independence if not for most purposes, at an antecedent
period the United States must be considered as being a nation do
facto:" and the same doctrine has been uniformly sustained bv our ju-
dicial tribunals. (3 Dallas, 90, 91. 3 Dallas, 80, 81, 109, 110, 111.)
Without arguing that Texas will, in like manner, be considered a nation
from the date of her declaration of independence, we are content at
"present with shewing; her undoubted belligerent rights. In the case of
the United States vs. Palmer, (3 Wheat. Rep. 646,) the Supreme Court
decided, that " when a civil war rages in a foreign nation, one part of
which separates itself from the old established government, and erects
itself into a distinct government, the course of the Union must view
such newly constituted government, as it is viewed by the legislative
departments of the government. If the government of the Union re-
mains neutral, but recognizes the existence of a civil war, the course
cannot be considered as criminal, those acts of hostility which war au-
thorizes, and which the new government may direct against its ene-
mies." Now, although the executive and legislative branches of our gov-
ernment, have not yet acknowledged the absolute independence of Tex-
as, they have, in various ways, and at various times, recognized the ex-
istence of a civil war between that country and Mexico.
It appears, therefore, that by the laws of nations, we are to con-
sider Mexico and Texas two distinct nations. We are not to interfere
with the right of Texas to exercise those acts of hostilities, which war
authorizes, against Mexico.
We proceed now to discuss the two' remaining principles, on one
of which Com. Dallas' determination is supposed to rest. They are
2. That the blockade of Matamoras is not a blockade according to
the laws of nations or,
3. That a blockade cannot affect neutral rights.
We will discuss these two points together.
It has been already remarked, tint the blockade is no paper block-
ade. The Texians have stationed at and near the port of Matamoras,
a naval force capable of completely investing it. All communication
with it by sea has been cut off. It is, as Grotius calls it, (b. 3, c. 1,
sec. 5,) portus clausus. To complete the blockade, there has been due
notice given to neutrals, of the blockade, and there is a competent force
stationed at the port. It has all the requisites which law demands, and
which neutrals have insisted on. (1 Kent's Com. 135, and Appendix
te 3 Wheaton's Heports, containing official letters from Mr. King, Mr.
Marshal, Mr. Madison, and Mr. Pinckney, on the subject.)
The only point, then, left to be examined, is, whether this blockade
can affect our neutral rights? Vattel says, (B. 3, c. 7, sec. 11,) " there
is a particular case where the rights of war extend still further. All
commerce is entirely prohibited to a besieged town." Kent (1 K.'s
Com. 133) lays it down, that " a neutral may forfeit the immunities of
his national character by violations of blockade; and among the rights
of belligerents, none is more clear and incontrovertible, or more just
and necessary in the application, than that which gives rise to the law
of blockade." Bynkershoeck says (2, 9 P. 6, 1 c. A. sec. 11) it is found
ed on the principles of natural reason, as well as on the usage of na-
tions: and Grotius (B. 3, c. 1, sec. 5) considers the carrying of supplies
to a blockaded port, as an offence exceedingly aggravated and injuri-
ous. They both agree that the neutral maybe dealt with severely;
and Vattel (b. 3, c. 7, sec. 117) says he may be treated as an enemy.
We have now seen that Texas had a right to blockade the port of
Matamoras; that the blockade has been regularly made with a compe-
tent force; that due notice has been given to us as neutrals; and that
we are bound not to violate the blockade.
In the Telegraph of last week, I published an extract of my re-
port as collector of public dues on lands, under my appointment by the
provisional government, with a list of names of those who had made
payment; and also the names of those persons making payment to the
committee appointed by the Ayuntamiento of Aust'n, in the year 1835.
This list was published for the purpose of showing the parties concern-
ed that their names had been returned to the government as having
complied with the law in paying their dues on land, and by which means
aivy fraud in the collection could bo discovered ; for any person having
the collector's receipt for the payment of these dues, and whose name
does not jappcar in the list, would justly conclude that the government
was nothing benefited by his compliance with his duty and the law.
The utility of this is ahead" discovered.
Capt. M. Baker, on looking over the list published, informed me that
he has a receipt for the payment of the first payment made on land
granted to Joseph E. and James W. Scott.
On looking over the list from which my report was made to the
council last October, I find an omission not only of Messrs. Scott, for
But of F. Grimes, 1 payment on 1-4 league. - - - 2 93
W. Ha'rris 1 do 2-3 - do ' - - - - 7 10
The lex talionis has been acted on by nations far advanced in
civilization, and among the nations of Europe always when the provo-
cation' was great. To the American character alone has been reserved
the imperishable honor of being governed by the mild and christian
feeling of the age, and of staying, in the midst of battle, the uplifted
sword when mercy was requested. During the revolutionary war, the
British, in storming Stony Point, put all to the sword, steeling their
. hearts against the cries for mercy. Shortly after the Americans at
Yorktown stormed a redoubt, entered the works with exasperated feel-
ings, amid the cry, " remember Stony Point." The work of slaughter
commenced, but the cry for " quarter," was heard sounding above the
clash of arms, and the sword of the freeman was staid. The pure and
holy and generous spirit, existing alone in the bosoms of freemen, re-
sponded to the appeal, and mercy was given. The hands of the British
were yet fresh in the blood of American citizens, praying for quarter;
but the pure and independent spirit of liberty delights not in deeds of
blood, and reserved vengeance for the Lord. What a contrast was there,
and how delightful is it for the old grey headed sire to recount to his
grand children, the events of that momentous period, and to repeat,
with fond and ardent feelings, the generosity of the Americans. It is
a beautiful commentary on American principles, and is the greenest
leaf in the wreath of the illustrious La Fayette.
Passing from the period of '82, we follow up the progress of
American principles to the republic of lexas, and we behold them hrm
and steadfast, holy pure and unadulterated. The Texians, a small
band of gallant heroes, contending against ten thousand Mexicans,
were reduced to a state of desperation, and resolved to risk country,
home and life on the issue of a single battle. The smoking bodies of
their countrymen was still ascending up to Heaven from the Alamo,
and the dying groans of Fannin and his gallant band was still heard
in the breeze. The author of their massacre, and the destroyer of their
country was before them, and with uplifted hands to heaven, all took
one solemn oath that vengeance should be had, and that no quarter
should be 'given. From the ranks of the San Felipe company the red
flag waved, and the army rushed to battle amid the shouts of "Alamo,"
"Alamo," " Travis and Fannin." Before the infuriate spirit of freemen,
the Mexicans fled and bloody was the scene that followed ; more than
five hundred spirits fled from earth, and the avengers of Travis and
Fannin flew on the wings of triumph, dealing death at every blow.
But in the midst of victory and of blood, in the hour of vengeance,
their arms were stayed, and the oath of extermination remained unre--"eeme.d.
More than six hundred soldiers, headed by Almonte, as ob-
noxious as Santa Anna, hung forth the flag of surrender, and sued for
quarter. The mild and generous and forbearing form of mercy stood
before the conquering freemen, and every arm was palsied and every
tongue cried " satisfied." The work of death ceased and those who
had given no quarter, were marched in safety to the American camp
and fared as well as their conquerors. The spirits of Fannin and
Travis and their gallant associates have gone to heaven, and their
mangled and burned bodies have mingled with the dust, and yet Santa
Anna and the minions of his will are in the enjoyment of life, pnd in
the possession of all the comforts which their situation admits of. The
oath of vengeance taken by the victors at San Jacinto, is still recorded,
and though no recording angel may have blotted it out, still in the
bright blaze of Texian clemency, it is so dimmed and obscured that it
will never be seen or recollected. PATRICK HENRY.
Due the government, - $32 63
And which will be returned in my next report to the treasury, and the
names of the individuals.
The money collected last year by Joseph Baker and myself, viz:
$764 99, was paid over to the treasurer, John II. Money, and to the
council, for which I hold the certificate of R. R. Royal, the President of
Mr. A. Ponton has made his report to me of money collected on
land in De Witt's Colon', under his appointment by the Ayuntamiento
of the jurisdiction of Gonzales.
Dr. Thus. J. Gazley, under a similar appointment by the Ayunta-
miento of Mina, has also made his returns. These gentlemen have
both returned a list of the persons making payment, which, for the sat-
isfaction of the colonist, will be published after my next report to the
treasurer; and should any person have paid, whose name does not ap-
pear, as well as in my own returns, the error or omission can be
discovered and remedied, and the government thereby secured in her
just revenue. G. BORDEN Jr. Collector of Dept. of Brazos.
We have before said that the people have a right, and ought to know the
procoedings of their public functionaries, and we consider that nothing more
interests them, than to have laid before them the disposition made'or the public
funds. With every precaution, and much exercise of economy, there will ne-
cessarily be much waste in the public revenue; yet it is satisfactory to all who
take any interest in the country's weal, to understand in what manner it is ex
Let collectors report from whom they have received funds, and to whom
paid over. Let it not be said that it is an unnecessary trouble to go into detail.
If collectors and others holding funds only publish the amount received and
paid out, the public have little chance of knowing any thing of the disburse-
ment0, and no means of correcting abuses.
We have frequently heard of public meetings being held in the United
States to raise contributions for the aid of Texas. We would be gratified to
sec a list of all the names of those who mayjiave generously given their money
for this purpose, with the amounts annexed. It appears to us a plain business
matter; and believing that somebody has received this money, we hope before
long to have the satisfaction of laying a rcportbefore our readers. Wc believe
it due to the donors, as well as to the public, that an account of funds raised in
this, as well as in any other manner, should be published. We have anxiously
hoped to receive, from some source or other, an official report of the strength of
our army; at least, to learn what we have so often been asked to give a list of
all the officers in commission in our army and navy. These remarks are elicit
ed from the frequent enquiry made: " Why do you not publish an account of
the expenditures i I'd like to know who has all this money."
So for asit relates to ourselves, and we have it in our power to gratify the
public and to inform it, we shall from time to time make a shewing of our pro-
ceedings; and should any error or omission be made, as in case of the collector's
report mentioned above, we trust it will not be attributed to improper motives.
In General Greeus brigade, 11th Sept., Arm' of Texas, Mr. W. Fitsiiukii, Sur-
geon dentist and volunteer from Prince William county Virginia; a young gen-
tleman of promising talents and inestimable qualities. The papers of the Dis-
trict Columbia are requested to copy this.
On the 2Gth of August, at Quintana, Thomas Pakamoue of Washington
county North Carolina.
On Friday 28th inst. at Orozimbo, Mr. Joshua Barstow, a native of Boston
Mass. one of the heroes of San Jacinto. The Boston papers will copy the above.
On the 1st inst., at Victoria, Mr. John Matchitt, native of England. The
New York city papers will please notice this.
On yesterday at this place, Mr. Joitx Clauk, last from Baltimore.
TJHE FEOPJLE OF TEXAS
THE CONSTITUTION AS IT IS.
THE owner will sell a half league of first rate land, situated on the Bernard,
title indisputable, as he has " stood up to the rack" when there was no
"lodder;" consequently,' the purchaser will hae nothing to apprehend from
section 8 of the General Provisions of the present Constitution no danger of
vexatious and protracted law suits some 3, 5, 10 or 20 ears hence. For further
particulars enquire at this office. 30
PERSONS having left watches for repair last year with the subscriber, are
requested to call and get them.
Columbia, 28th Sept. 1836. 30-3t
It. O. P. KELTON, has located at Columbia, where he will attend to the
duties of his Profession. Sept G 28-tf
EATLY executed at this office, and at short notice,
sale at this office.
Also, BLANKS for
stout, full made negro man, of middle size, calling himself JOHN VOSE,
has been passing as a free man in the city of New Orleans for about three
years; but is now tanen up anu put into prison, on a cnarge oi persuaumg
away a boy belonging to a Mr. Walker. He has a woman with him, calling
herself Rebecca Ellis, who says John's real name is Sawney Thompson, and for-
merly belonged to Mr. Nicholas Ellis, of Hopkinsville, Kentucky, and was sold
by Mr Ellis to a gentleman named Smedie, living near or with a Mr Smelser
on the Brazos river or San Bernardo. He has taken this woman's free papers,
and holds her ashjs slave. The object is to return the negro man to his owner,
and restore the woman to her liberty, if she be free.
For further particulars enquire of EDMUND ANDREWS.
Brazoria, Sept. 21, 183G. 30-3t
TO THE PUBIilC.
I DO hereby notify all persons whom it may concern, that immediately after" ,
the death of James Bradley, I was appointed Administrator of his estate,"
by the Judge of the Jurisdiction of the county of Harrisburg. But when I
applied to the person in whose house he died, and who had possession of his
estate, he informed me, that the day before my application, two persons from
the Brazos, had applied, and showing authority, emenating in some way from
David G. Burnet, had taken possession of said estate, and carried it off with
them. I am under bond and security to the only authority who had the
power and right to take cognisance of said estate ; and so soon as there are
courts in which rcdrcs can be had for such lawless proceedings; I shall pro-
ceed forthwith against all persons who have meddled with it.
September 20, 1336 2t W. SCOTT, Administrator.
I observed in the last " Telegraph" a notice, signed' by Mr. Wm.-
Scott, describing himself as administrator of the estate of James Brad-
ley, deceased, containing a threat, " so soon as there are courts in which
redress can be had for such lawless proceedings, to" proceed forthwith
against all persons who have meddled with the estate. James Bradley
lately of Columbia, died while attached to the army, in a " tent," at
Harrisburg, about the 15th May, 1836. Knowing that James Bradley
neither had hen's or relations in the country, and that he had considera-
ble effects in money and notes ; which, in the peculiar situation of the
country, might and would in all probability be lost to his relations ; I ap-
plied to the judge, in and for the district of Brazos, for authority to col-
lect and administer the effects of the deceased. It was in executing
the order granted, that the two persons from the Brazos, Capt. It. J.
Calder, sheriff of the district, and myself look possession of the effects
of the deceased. A regular return has been made to the Judge of the
district court, a bond and security given conditional to account, as often
as required by the court, and to the legal heirs of the deceased, at any
time, upon twenty days notice; and in case of failure, execution to is
sue upon me bond as upon a dehnitivo judgment, and sale lo take place
in thirty days. If security for the effects, and a speedy settlement with
the heirs is tqhat Mr. Scott desires, it is as well secured in my hands as
his. The heirs in the one case will not have to suffer " hopedeferred,"
while they might in the other, in the absence of " courts in which re-
dress can be had fur such lawless proceedings." David G. Burnet had
nothing to do with the matter, directly or indirectly, and mentioning his
name was as unnecessary as Mr. Scotts' communication, since he is
neither heir, debtor, creditor, or the particularly intimate friend or ac-
quaintance of James Bradley. If the only object of Mr. Wm. Scott was
to secure the effects for the benefit of those to whom they of right be-
long, let him rest satisfied they arc sccuie; if he wishes possession of
the effects for the benefit of himself or some who arc indebted to the es-
tate, still let him rest satisfied; the debtors will be called on and pay
ment demanded, and if necessary enforced; the claims against the es-
tate paid off, and an account of the trust rendered to the heirs at all
times, upon twenty days notice, in terms of the bond.
ALEX'R RUSSELL, Adm'r of
James Bradley, dee'd.
September 27, 1836.
HAVING been authorised by the Government, to raise a corps of regular
Cavalry for the army of Texas, in the county of San Antonio de Bexar,
to serve during the present war, notice is hereby riven to individuals desirous
of enlisting for that time, to apply to the Lieut. Col. of Cavalry, John N.
Seguin, commandant of Bexar, and they will be received on the terms pre-
scribed by law. JOHN N. SEGUIN.
Columbia, September 20, 1836 2m.
THE subscriber, having been appointed Administrator on the estate of
Zeno Philips deceased, notifies all persons indebted to make payment im-
mediately, and those having claims to present them within the legal time or
they mil be barred. WM. G. HILL. .
Columbia Sept. 19, 1836 4t.
NOTICE. : ""
THE Subscriber having been appointed administrator of the estate of
James Bradley deceased, hereby notifies all persons indebted to said estate
to make payment, and all those having claims against said estate, will present
the same within the time prescribed by law. ALEX. RUSSELL, Adrn'r.
, Brazoria, September 16, 1836 tf.
:lan fois. sjlLe.
EVERAL tracts of land for sale, situated on the Bernard, Limville's Buyou,
Caney, and head of Bay Prairie, on one of which, there is a good improve
ment. Apply at the office of the Telegraph.
Columbia, September 20, 1836 3t.
ALL persons are herebv cautioned against trading for a certain Draft on
the Treasurer of Texas, No. 242, for $50 66 cts. dated 7th Feb., 1836.
Drawn in favor of Ambrose Gregori to the use of the Subscriber as he has
failed to hand me the same. And the Secretary of the Treasury has been
warned not to cause said draft to be paid except to me or my order.
Velasco, Sept. 12th, 1836. sept 2030 2t
INSTRUMENTS, Writings, Conveyancing, and Translations irom the Span-
ish will be executed with fidelity by Borden k Co. w ho will also as soon as
the land office shall be opened, act as Agents in selecting land and procuring
titles for perons entitled to the same under the laws, or for services rendered
the Republic. Terms, favorable.
Columbia September 20, 1836 tf.
nnHE CONSTITUTION OF THE REPUBLIC OF TEXAS for sale at
this Office. Price 12i cents. sept 2030
THE undersigned wishes to purchase two or three likely young negroes, for
whom the highest price in cash will be given. I also want a good strong
wagon. A good carpenter can get a good job by an early application to the
undersigned, twelve miles above Columbia, near Bolivar, west side of the Bra-
zos. BENJ. F. SMITH.
25th Sept. 1836. 30-3t
N Interpreter and Translator in the Spanish language, to whom a liberal
compensation will be given. Apply to J-iieut. iol. John i. cegmn,
commandant of San Antonio de Bexar.
JOHN N. SEGUIN, Lieut. Col.
Columbia, September 19, 1836 6t.
LIKELY negro fellow, twenty years of age, of unquestionable good
character, warranted perfectly sound and free from blemish of any knd.
Any person wishing to see the boy can do so by calling on
Columbia, September 19, J836 2t. E. M. CHAMBERS.
M SIMPSON respectfully informs the public that he has resumed the
WATCH and CLOCK REPAIRING business, in Columbia, in all the
various branches and all orders in the above businens will be punctually at
tended to. tf Angst 9.
1TUATED at the head of navigation, on the West hank of Buffalo Bayou,
is now for the first time brought to public notice because, until now, the
proprietors were not ready to oiler it to the public, with tne advantages ol cap-
ital and impro emeu Is.
The town of Houston is located at a point on the river which must ever
command the trade of the largest and richest portion of Texas. By reference
to the map, it will be seen that the trade of San Jacinto, Spring Creek, New
Kentucky and the Brazos, above and below Fort Bend, must necessarily come
to this place, and will at this time warrant the employment of at least Oxe
Million Dollaus of capital, and when the rich lands of this country shall be
settled, a trade will flow to it, making it, beyond all doubt, the great inte-
rior commercial emporium of Texas.
The town of Houston is distant 15 miles from the Brazos river, 30 miles, a
little North of East, from San Felippe, 60 miles from Washington, 40 miles
from Lake Creek, 30 miles South West from New Kentucky, and 15 miles by
water and 8 or 10 by land abote Harrisburg. Tide water runs to this place
and the lowest depth of water is about t-ix feet. Vessels from New Orleans or
New York can sail without obstacle to this place, and steamboats of the larg-
est class can run down to Galveston Island in 8 or 10 hours, in all seasons of
the vear. It is but a few hours sail down the bay, where one may take an ex-
cursion of pleasure and enjoy the luxuries of fish, fowl, oysters and seabathing.
Galveston harbor being the only one in which vessels drawing a large draft of
water can navigate, must necessarily render the Island the great naval and
commercial depot of the country.
The town of Houston must be the place where arms, amunitions and proi-
sions for the government will be stored, because, situated in the very heart of
the country, it combines security and the means of easy distribution, and a na-
tional armory will no doubt very soon be established at this point.
There is no place in Texas more healthy, haiing an abundance of excel-
lent spring water, and enjoying the sea breeze in all its freshness. No place, in
Texas possesses so many advantages for building, having Pine, Ash, Cedar and
Uak in inexhaustible quantities; also the tan anu Deautuui luaguouu grows m
abundance. In the vicinity are fine quarries of stone.
Nature appears to hav e designated this place for the future seat of Govern-
ment. It is handsome and beautifully elevated, salubrious and well watered,
and now in the very heart or centre of population, and will be so for alength
of time to come. It combines two important advantages: a communication
with the coast and foreign countries, and with the different portions of this Re
public. As the country shall improve, rail roads will become in use, and will
be extended from this point to the Brazos, and up the same, also from this up to
the head waters of San Jacinto, embracing that rich country, and in a few-
years the whole trade of the upper Brazos will make its way into Galveston
Bay through this channel.
Preparations are now making to erect a water Saw Mill, and a large Pub-
lic House for accommodation, will soon be opened. Steamboats now run in
this river, and will in a short time commence running regularly to the Island.
The proprietors offer the lots forsale on moderate terms to those who desire
to improve them, and invite the public to examine for themselves.
1 A. C. ALLEN, for
A. C. &, J. K. ALLEN.
August 30, 1836. 6m
The Commercial Bulletin, of New Orleans, Mobile Advertiser, the Globe,
at Washington, Morning Courier and New York Enquirer, New York Herald,
and Louisville Public Advertiser are requested to make three insertions ofthi
advertisement, and forward their bills to this office for payment.
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G.& T.H. Borden. Telegraph and Texas Register (Columbia, Tex.), Vol. 1, No. 31, Ed. 1, Tuesday, September 27, 1836, newspaper, September 27, 1836; Columbia, Texas. (texashistory.unt.edu/ark:/67531/metapth47892/m1/3/?q=%22red+flag%22: accessed January 22, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.