Telegraph and Texas Register (Columbia, Tex.), Vol. 2, No. 12, Ed. 1, Tuesday, March 28, 1837 Page: 2 of 4

                                
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-TELEGRAPH.
COLUMBIA, TUESDAY, MARCH 28, 1837.
fell 9
We are authorized'to announce John Fisher as a candidate for rep-
resentative from Gonzales.
We learn that several vessels have arrived lately at the ports of
Galveston Velasco and Matagorda, with many families who have emi-
grated forlthe purpose of settling in Texas. We trust that our citizens
in welcoming them with their accustomed hospitality, will he regardful
of the truth, that landed property is invariably enhanced in value m
proportion tcgthe increase of the population, and will consent to dispose
ofisuch portions of their lands as their interest will permit them, to spare
upon such liberal terras as may induce others soon tofoHow in the train
of these enterprismgjndividuals. -The generous resident who'bestows
half his sitio upon one hundred actual settlers may consider that he has
made a clear profit of five-fold upon his real estate. One quarter
ofShe'sitio which contains a hundred inhabitants, is almost invariably
five-fold more valuableyhan the whole sitio was at the time it contained j
out one iamuy. ,,. 4 Is
"pri, t,,.vi -mmi: o m r:? t c T i - .
iuo uuuuiwjic Tjiuaui o. jeisuer secretary ui war, nas jusr re-
turned from the army hcTspeaks of itin-iheiigbest-terras,of cornmen-
dation, and states that he never reviewed.a'fiher. body; o'f troop's or one
wnose general appearance more fully indicated' the bdficTxaLeffectJrof
? astrict military discipline and a welLTjgecampf Slee?
, , - . j
We are gratified to hear that the town of Richrhondi or Fort Bend
ts tigum starting into notice, x ms ueaunim iow'j, situated on the right
bankif the Brazos, in one of the most ferti'.e and healthy sections of
Texasj.already gives promise of becomg. at no distant-period, one of
me most popmous ana nounsnmgjiownp of this country. w
Txr " "
We are requested to state that a ball will be given at Messrs. Fitch-
ett & Gill's hotel, in the town o.f Columbia, on the evening of the 21st
proximo, in commemoration o'f the battle of San Jacinto.
1fln our last number -we remarked in relation to the recognition of
our independence by tie United States, that no dispnraging?obstaele is
now interposed whi'ch may retard "the annexation. Many oPour read-
era may have been surprised at this observation, for there are not wanting
talented and enlightened men who boldly declare, that this recognition
opposes an obstacle which nothing less than an amendment of the con-
stitution of the United States can Temove.
This we believe, however, is not a doctrine founded upon sound
reasoning, nor supported by the uniform'practice of republican states
men; and we confidently declare that the position we have assumed can
be maintainled upon the soundest principles.of constitutional law. In
proof of this, we will first refer to the American constitution itself; in its
fourth article third section, we find the following'clause: "New states
may be admitted by the congress into this union.Jt We are aware that
an objection will beraised to the extension of this clause, to apply to
states without the original territory of the United States, by declaring
? that it is demonstrable that this clause had sole reference to the terri-
tory then .belonging to the United States. Which, under the ordinance
of 1787 were contemplated to be formed within its old boundaries."
But when'we take into consideration, the'facts that the above clause is
general in its declaration that no article or clause in the body of the in
strument limits it exclusively to the United States territory as the
constitution containslho prohibitory clause concerning treaties of alii-
an$gconfederation Sde y congress, while it expressly forbids the
states to make such treaties that the ablest and best statesmen of the
union, among whom we find Madison and Jefferson, have so long and
strenuously advocated the doctrine, " that the right to acquire territory
is incident to national sovereignty, and4a resulting power growing neces-
sarily out of the aggregate powers confided by the federal constitution."
We are furnished with a mass of evidence, which ought to carry con-
viction to every unprejudiced mind, that the government of the United
States has the right, naturally flowing from the sovereignty confided0
it, to acquire-ternlory, to make treaties and to admit riewstates-into
union."? -
"At the celebrated Hartford convention fn lBi5, a proposition was
made to amend the constitution, so as to prohibit the admission of new
states into the union without the consen.t-of twothirds of both houses of
congress. In the accompanying report there is.a sfronp- though indirect
denial of the power to admit netfistates, vritkout the original limits of
the United States' Thisis the very quarter to which we should first
look for an authorityjjjis kind, upholding the doctrine that a republi
can form of goverpmelEis not adapted to an extensive territory, and
can only succeed in small states like Switzerland, Ragtisa and Genoa,
jvuere tae ery jimueu extent oi tae aomimon ana tne poverty ot the in-
ioer dui iewtinaucements lor more powerful neighbors to at-
ren conquest; this.doctrine derives its origin from the pam-
ffianw ot royal governments, who have long delighted to hold
Meuiue states as standing monuments ol the imbecility of
I their incapacity to extend their- territory. But the histo-
ryigthe-Amefican confederacy has long since exploded this humiliating
theory, and the great principles of political liberty inculcated by the
The doctrine which teaches that the American constitution must
be strictly construed according to its express letter, is no longer tenable.
Treaties of the most momentous importance, involving the safety of the
union, might be delayed, to the incalculable detriment of the nation,
uaiu me usual iormauties ot a constitutions amendment were comple-
ted: and further, almost every succeeding treaty might require a consti-
tutional amendment to suit each particular emergency. Indeed, so fully
convinced have the statesmen of the union become of the truth, '-that
constitutions of government require a liberal construction to effect their
objects, and that a narrow interpretation of their powers, however it
may suit the views of 'speculative philosophers, or the accidental inte
rests of political part ies, is incompatible with the permanent interests
of the state, and subversive of the great ends of all governments the
safety and independence of the people' that few at this day are to be
found who seriously contest the constitutionality of the acts respecting
the purchas'e of Louisiana, and its subsequent admission into the nnion.
Yet, at ti e time of the purchase, there was no precedent, and no term
in the 'constitution, which could admit of a latitude of construction, au-
thon'ing the purchase of a territory. Jefferson was aware of the con
stitutional difficulty, yet "he did not hesitate to give effect to every
measure tocarry the treaty into effect during hisadministration, con-
fiding," asihe obsqrves, "that the good sense ofthe country will correct
the evil, of construction, when it shall produce ill effects," and the gc-
general .voice of the American people have sustained the measure, as
conformable to the true intention of fheframers of that instrument.
,f, Sincehenthe great bodyof- the American people iave authoriz-
ecFfhe latitude of construction which empow.ers.the govomment or the
United States, to conclude a treaty by which she acquires territory, and
stipulates for the admission of this territory into the union, as a state 'a
forlioriftha.t government can conclude a treaty with an adjoining state,
whose independence has been recognized, stipulating for the admission
of this stale-into the union, according to the principles of the federal
constitution. And wlien we take mito consideration the notorious fact
that the government of the United States is still under obligations from
a, former treaty, doubt is lost in certainty. Texas is a part o the.
territory which the United States, by treat', stipulated to adnut into tlie
union, according to the principles of the federal constitution. Louis
ana i3 another part, and although situated without the original limits of
the United Mates has, m conformity with the article, "new states may
be admitted, &c," and the stipulation of the treaty of 1803 been admit
ted. This, then, is the precedent for Texas: her right to admission is
placed upon the same substantial footing of Louisiana. Let us not be
told here that the government of the United States ceded this part of
Louisiana to Spam. We deny the right of that government to surren-
der a portion of the soil of freedom to the contamination of tyranny;
for, although a liberal construction of the constitution may authorize the
extension of the blessings of a free government over the subjects of a
king, the contrary does not follow, that freemen may be ceded away to
become loyal subjects. The cession of Texas to Spain, therefore, be-
ing unauthorized by either the letter or the spirit of the American con-
stitution, was null and void from its commencement. But, lest we be
suspected of quibbling, we here appeal to the laws of nations: Vattel
expressly states that "the right of really alienating the state can never
belong to the sovereign, (government,) unless it be expressly given by
the entire body of the people:" and again, "a nation ought to preserve
nscii; n ougnt to preserve all its members; it cannot abandon them; and
he resided in Bexar, and married there; thnton the approack eftir;
armv. he. heart and hand imnprt nnr rjinsrv nnd hrnimkf v.: rn.'.:Zm.-
the American camp. To delineate his numerous feats of dariag vtSP'
be beyond our limits, but suffice it to say that he was in crcrraolo'ii
except that of La Bahia and the Fall of the Alamo. He particularly
distinguished himself at Conception, at the grass fight, in the sundry
atiumisiiea wmuu u.ippeiieu auuuj. mui time, ne was always a party con-
cerned and he led the attack at the storming of San Antonio. To the
American army in the retreat from Gonzales to San Jacinto, he was
particularly useful, and his capture of the Mexican courier was proba-
bly the cause of the battle, which sealed the independence of Texas
and, on that field, he increased the debt of gratitude-the country owes Jj
him.
He has since been employed on the frontier, and he is well known
and much liked by every man in the army, and we have only to add that
Texas cannot boast of a better citizen or a braver man than "Deaf
Smith." G. W. P.
In conformity with an order from the general commanding the ar-
my at head quarters, Col. Seguin, with his command stationed at TWrn-
paid the honorsof war to the remains of the heroes of the Alamo- the
ashes were found in three places, the two smallest heaps were carefully
collected, placed in a coffin neatly covered with black, and havino- the
names ot iravis, Sowie and Urockett, engraved on the inside of the lid,
and carried to Bexar and placed in the parish church, where the Texiari
flag, a rifle and sword were laid upon it for the purpose of being accom- 1
panied by the procession, which was formed at 3 o'clock, on the 25th of
February; the honors to be paid were announced in orders of the eve-
ning previous, and by the tolling knell from day-break to the hour of in-
terment; at 4 o'clock the procession moved from the church in Bexar,
in the following order:
1 .Field officers; staff officers; civil aulhori ties j-dergyr military liof
attached to the corps, 'and'others. '
Mourners and relatives; music; battalion; citizens.
The procession then passed through the orincinal sh-fiP.t of li0 -;.
crossed the river, passed through the principal avenue on the other side
and halted at the place where the first ashes had been gathered- the
coffin was then placed upon the spot, and three volleys of musquetry
were discharged by one of the companies: the Drocessinn thn mnvaA JL
to the second spot, whence part of the ashes in the coffin had been taken
where the same honors were paid; the process on then proceeded to
the principal spot, and place of interment, where the graves had been
prepared, the coffinghad been placed on the principal heap of ashes, Col.
wuin uiuuu ; iimu iuguuuress, m ms native tongue, the Uastillian: '
uompaneros de armasJ hslos restos que hemos tenido el honsr
des conducir en nuestros horabros, son de los valientos heroes que mu-
rieron en el Alamo. Si mis amigos ellos prefirieson morir mil veces
q rendirla, servir el yugo del tirano. Que cxeraplo tan brillante? Digno
de anotarse en las paginas de la historia. El genio de la libertad pareso
estarto yiendo en su clevado trono de dondecon semblonte alagueuo nos
sefialo diciendo hai teneis a vuestros hermanos Travis, Bowie, Crock-
ett, y otros, vanos a quienes su valor los coloia ec el numero de mis
hero erues. Si soldaros y conciudadanos estos son ln? nrtnc mon'frSe
a nninnpc nl rmmo An In -C-v... 1 . c --
n.nwo iTo uu ioiunuua eu jupresente compano em
cuerpo ala ferocia de mis enemigos, los cuaies baabaramentdi
dolos a las brutos fueror estados de pies y amastrados hasta
en dundc fueror reducidos a cenizos. vo ns?rnnpfii"r?n h m,o i
J J - ww.w m US JV.
? 5 to
I Hi
a r
testigo los venerable restosde nuestros dignos, nos compauero?
al mundo entero. Teiaa.seri.librendriw1ipiiho n T,OTOt,
gloria en los combates. " iA? T "
MBra "
S$nrL
Am ., jyp .
OF . . I
isoxrxsiass nr Aiurs"! These Mkllowed relics TiMiSw. ..
now the melancholy, task of bearing omTwuto consign to'&d&SSartA
m.i, cnw mi wmh. xciuama ui iuuse neroic men Wfiojso nobly fell, val-
j- -iLSWKmm
fathers of fie confederacy have scattered, its fragments to the winds.
Scarcely an American statesman can be found at the present day who
seriously questions the right of a republican government to make trea-
ties providing for an .extension 6f its territories, when the fundamental
laws contain no prohibition. Upon what rational grounds can a contra-
ry position be maintained. While under every other form of government'
the extension of the original domain, by every honorable means, is con-
sidered as an augmentation of the true glory of the nation; must repub-
lics be forever excludeH from the privileges of extending the blessings
of a free government beyond their own limits ? Absurd : the same weat
principles of international law which apply to nations in general, must
necessarily bo the guide of American diplomatists. Will any now de-
clare, that if the American army had succeeded in conquering Canada,
'during the last war,, that the government of tho United States would
have been compelled to relinquish the country and wave all claims for
indemnity, on account of &e expenses of the war, merely because the
federal constitution does not .expressly authoriso the extension of the
territory by conquest If the exploring expedition which has just been
fitted out in the United States, shall fortunately discover in the southern
ocean an island of inestimable value on account of its mineral treasures,
willfttat governmentbe uoable, conformable to the custom of nations,
to t&k&lDOssession for want of exoress c.cmniitiu'mnni n.,i,n:.. tu
-3k absurdity is too evident to require demonstration.
it is under an engagement to support them in their rank, as members of
the nation:" and, even wicre in case of extreme necessity, a nation is- ientlY detendmS yn towers of the Alamo! If they, my brave as;
II 1 l ft ... nTf5. nrPtprrPft rafhop In rlia n fkn.. J : .il t -t .---.
compeiiea, ny a powertui enemy, to abandon a province, or a portion of j ' rfu ", 7. A uumu uiuj-in wweijr
its territory, "the Drovince thus ahnnrfnnrvl ; f nw;,i :.., u ? Y v" U1 V""J w" a oniiianr, wnaran U
nn.,,;.. -ta. -rim.r: Br , araPIe.flave y bequeatbedtousl How worthy to Ulu
"w . " - - ttUU"rw Btsmverii. joemg separated cnangmg spienaor tne ever glowing pages of history! Evi
Hum iuu ouuiutj ui wmuu it was a memDer, it resumes all its original
rights, and if it be capable of defending its liberty against the prince
who would subject-it to his authority, itmay lawfully resist him."
Francis I. having engaged ;by the treatoMadrid, toedd-the duchy
of Burgundy to &e'empbrojrJ3esV ft province de
clared, "that having never.been subject but to the crown of France, they
would die subject to it; and that if the king abandoned them, they would
take up arms, and endeavor.to set themselves at liberty, rather than nass
into a,new state of subjection."
Such, unquestionably, would have been tho decided language of
the people of Texas at the time of the cession, could tho voice ofher
citizens have been then heard; but, scattered abroad in her vast m-ai-
ries and forests, they were both shut out from the common intercourse of
the worM at large, and with each other. Their voice, consequently,
could not reach even to the limits of their own prairies. They "'bided
resourc
their time," and now, when increased in numbers and military
es, they have been enabled to assert and maintain their rights to all the
privileges and immunities of American citizens, and have achieved by
their valor, their own independence, wresting from a tyrant's grasp the
very territory which the government of the United States, in the treaty
with France, solemnly stipulated to incorporate into the union, accord-
ing to the principles of. the federal constitution. When they ask for
their admission, m accordance with this treatv. nmnrtnrr !, .
Louis anafor the precedent,W admission intojhe Union was a par-
tial fulfilment of the very stipulation which provided m Oe admission
of Texas, can their claim be denied? Impossible! ThSgiovelIuirf nar-
row minded policy which would prescribe limits to the territory where
repubhean principles arc to prevail, sinks into insignificance before the
liberal and enlightened doctrines of tho immortal BffMf fu0 a-A.
republic,and the limited vision of tho. TTnrfrni M.::, L
be dazzled by the great truth that republics cannot le too extensive.
There is a personage familiarly called "Deaf Smith," Tnot Deaf
53lfl ' Vhr SkD0W Stogfi"thor than the New Orleans Amer-
can calls him the "Harvey Birch" of Texas.-N. Y. paper
rMcivR. nQ -oli oc u: , .- o-------."w UOi0 uv ma uruve ana ae-
mav not b- nmS, t b S Cm'aIric COnduct in our evolution, it
to other dimi Wo .;n . u" lueir own merllsj unrecorded
rary to a ZrlcJlt m05ly Stat what wc know of him' a, con-
ewborno? ' ,Wef W,U DOt beSin his bioPhv by saving that
tS rfSLffS "-Poci-Wo pn- for it inot'intfnded
the iSCiTftffnlr7l,CaiIcdth0 "ssht" b Bexar,
derlvmnn 2 If ii "' Gcn- Austin' w,,en' at a distancc. d-
K Ml Speed' over the rough and bken ground, on a
l tJE? " thG informat hat the enemy wafreceivin" a
large reinforcement by the Laredo road.
xvlth flT S,ngU.,ar cslunie, half Mexican and half American, together
with the caparison of h s horsn. on,? tl,o ; w ... u:. :iiLA
rnown?ndmC On enquiring, I found that he was
Zn,Pn?mP th W3eof Doaf Stniti-his real name, a
x w,lullJ, yiuvcuio neirastus Smitli; that before the w
genius of liberty is looking down from her lofty seat,smiliag wi
.. r ---- r v.wuotjgo, uuu vuuijj vj ua in me names ot our (
brethren, Travis,Bowie?Crockett, and theifiron-heartpd hrimU
jsaatitin-thehuiiclltv deeds, ta secure. like thpm. n JiiirK ni?,
the scroll ofimmortalitv. Sincemen. soldmrs m f0l?nW;fi,3
dying fame is the glorious reward of those who full in thisnobfc coaSih
cheerfulljr will I encounter the teost formidable dangers whiclffoituno
can crowd in the path of glory, in the noble attempt tochievormcoun-
try s independence, or regardIess.of whatever indignity the brutal fero-
city of my enemies, may offer fb-mv lifeless bodv. invfiiliv noeK i,
field of battle, 'shouting the warcry of ffiesc heroes;. God and liberty,
victory or death!! , v, , - J
Major Western then addressed the assembke-ft-;?n.fe5'?Tw:r,
words: ir5&- --
Fellow soldiers ash citizens Honors are dnpjthllwn TTn
on us has devolved the duty of doing military honors. taJhmanortal
heroes of Alamo, the bravest of the brave a band of choice spirits who
preferred death to slavery, and whose deeds of valor stand unparallelled
on the piges of history.
Friends and compatriots The spontaneous tear of sorrow I per-
ceive glistens in every eye; but weep not the untimely fate of departed
worth; for although in those ashes before us we behold naught but the
tangible remains of a Travis, a Bowie, a Crockett, and their heroic com-
panions, now mere dust returned to mother earth; their souls are with
God in the regions of bliss, their memory is engraven on the heart of
every votary of freedom throughout the universe, and their names are
inscribed on the brighest shaft on the pinnacle of the temple of fame
lasting as time ana impensnaDie as aaamant.
f Companions in arms ! At this moment and while we are performing-
tkisact of ouracrcd obligation? to theValiant slain, the genius of
liberty is hovering o'er this spot and wfth .smiles of approbation at this
gratefql tribute of respect, beckons us onward to similar sacrifices at her
shrine, and points to us the path to glory. Le't us then, my brave fel-
lows, upon this hallowed ground pledge ourselves to honor her call; let
the noble acts of the illustrious dead stimulate us to vie with them in
valor, and let our motto be liberty! Teses free or death.
The coffin and all the ashes were then interred, and three vo1Ip.tr
ofmusquetry were fired by the whole battalion., .
JOHN N. SEGUIN, Lie. Col Commdt.
Thus have the last sad rites of a christian buriaVheen perfbre
over the remains of these brave men. In after timeswhen peace
shall have returned to smile upon our prosperous countrya toweRac
fabric of architecture, shall be reared by their grateful cHtJyaea
above their ashes designating Bexar as the monumental cityTesas,
where long after the massive walls of the Alamo have crumbled Into
dust, the votaries of freedom shall yearly assemble to celebrate at this
tomb of heroes, the mighty achievments of the unreturning bareo. .
MR. VAN BUREN'S INAUGURAL ADDRESS.
Feliow Citize.ss:
The practice of all my predecessors imposes on me an obligafoa I cheer-
fully fulfil, to accompany the first and solpmn nr.t nf mv nnhliV r,rf -m'th an
agonal of the principles that will guide me in performing it, and expression
of my leelings on assuming a charge so responsible and vast. Ij: inutatiHS their
example, 1 tread in the footsteps of illustrious men, whoso ;aperiorsfiti ear
happiness to believe, are not found on the executive calender of any frdff.
Among them, we recognize the earliest and firmest iiTTTn i rif tin irmifcjSp1niTi
by whom our national independence wn.i first .Tnpn.i. him. '--"
others, contributed to establish it on the field of battle; Ond'thosewfc&efcSp:
cd intellect and patriotism constructed, improved, and'nerfected tft
institution under which wane. If snrh mnr, , ,' .?f?nn TfH.
;ar Mi ihpmsnUnc , ....,i,i i V V "A.", "- F.T7 II ATJ
' w...wi,i1Wiuku uj uEvnse oi gratituaofor tnis, idebi:
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