The Laws of Texas, 1822-1897 Volume 1 Page: 411
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Laws and Decrees of Coahuila and Texas.
Wherefore I command it to be printed, published, circulated and duly
Given at the city of MIonclova on the of 12th May, 1835.
J. M. IRALA, Secretary.
TO THE HON. CONGRESS OF THE REPUBLIC.
This legislature has received the decree of the 25th of April last, repealing
that issued by this legislature on the 14th of March preceding,
.authorizing the executive of the state to dispose of land, to the amoult
of four hundred sitios, to relieve the exigencies of the state with its proceeds,
with power to regulate the colonization of said lands on the basis
.and conditions he might judge proper, without being subject to the provision
of the law of the 26th of MVarch, 1834.
The legislature of this state could not but regard with extreme rc,gret
the impossibility that offers for fulfilling the decree of the general
congress, repealing that of this legislature of the 14th of March last, for
reasons which it proceeds to explain.
It becomes necessary to show that the decree of the 14th of March,
in its 1st and 2nd articles, is not opposed to the general colonization law
of the 18th of August 1824, because for that contravention to exist, it
were necessary that it should expressly so appear in the aforementioned
decree. Article 1st says-the executive ncay dispose of tl, vacant la,ds
of the state, to the almoun.t of' fov hundred siti/s There is not an ar-ticle
in the whole law of the 18th of August 1824, that can bear analogy
to article 1 of the decree in question, unless it be the 12th, who prohibits
more than 11 sitios to be united in the hands of a single owner;
hence it is obvious that eleven do not resemble four hundred, inasmuch as
this apparent difficulty is explained by the provision of article 2nd, which
savs--he shall regulate the colo,itzation of said lands on the basi.s mid con*ditions
he may thinik proper. without being subject to the pravision, (f tlie law
*of the 26thj of March of the year last past. which does not mean
that he may alienate the four hundred sitios to a single owner,
but. that in regulating the colonization of said lands, he shall not be subject
to the formalities provided in the law of the state of the 26th of
March 1834,-a law which congress could vary, modify, or alter. But it
is unreasonable to infer from the contents of this article that congress also
intended that the executive should not be subject to the general law of
the 18th of August 1,324, in regulating the colonization of said lands. The
most conclusive evidence this legislature can give that it was far from
thinking to attack the general law of the 18th of August, is the decree
which it issued on the 30th of the same month of MIarch, declaring that
the power granted the executive for disposing of the four hundred sitios
of land should be understood as subject to the genleral laws of the union, of
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5872/m1/419/: accessed June 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .