The Laws of Texas, 1822-1897 Volume 1 Page: 621
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Proceedings of the General? Council.
73
On motion of Mr. Wharton, the foregoing report was amended by
adding at the end the words “without prejudice to his claim for remun-
eration, when, on motion of Mr. Hanks, the report was adopted.
Mr. Barrett, from the Committee on State Affairs and Judiciary, pre-
sented the following report:
To the Honorable, the General Co uncil of the
Provisional Government of Texas:
Your Committee of State, &c., to whom was referred the letter, &c.,
of the Committee of Safety of Nacogdoches, upon the subject of Land.
Offices, &c., report,
That the Committee of Safety of Nacogdoches, when making the com-
munication to this House, were evidently uninformed of the proceedings
of the Consultation upon the subject of Land, and Land Offices. The
resolution of the Council, which existed before the meeting, of the Con-
sultation, passed, October 27th, is wholly inoperative in its requirements,
and forms no basis for the action of the Provisional Government; and
whatever evils may arise, or benefits result to Texas, from the measure of
suspending all proceedings as regards Land Titles, neither censure nor
credit can be given to that Council.
By the 14th article of the organic law of the Provisional Government,
all Officers and all “persons concerned in the location of lands, are or-
dered forthwith to cease their operations,” and Commissioners are ap-
pointed, for the reasons expressed, to take charge of “all the archives,”
belonging to the different Land Offices, and deposit them, &c.
This article is mandatory, and has no mitigating provision, whatever.
If any article or part of the organic law, passed by the Consultation, by
which the present Government was created, and which alone gives au-
thority to its acts, are regarded as obligatory, and to govern its proceed-
ings. The provisions of no article can be disobeyed; an attempt to annul
any part, would be to deny the power that gave existence to the Provi-
sional Government; consequently, no powers exist in this case, but to.
execute the command of the Consultation.
Already has the Commissioner of the first established Land Office in
Texas, yielded a prompt and honorable acquiescence to the mandates,
of the people’s Representatives. A refractory Commissioner of the Nash-
ville Colony, will be proceeded against forthwith, and obedience enforced,
and the Officer punished for his contumely and disaffection to the Gov-
ernment of the People. Under such circumstances, the integrity’ and
dignity of the Government would be set at nought, and brought into,
contempt, with the citizens, as affording neither security to their prop-
erty, or protection to their persons, if it failed in moral energy and physi-
cal power to effect the objects for which it was called into existence. Tne
alternative is therefore obvious, that the Organic Law must be enforced,
and all ordinances and decrees of the Provisional Government, must be
respected and obeyed.
The execution of the 14th article, &c., in the present case, must pre-
cede any power of action in the matter on the part of the General Coun-
cil; but as the act itself, purports only the security of the public records
and a guarantee of equal privleges, to those in their country’s service,
with such citizens as remain at home, no pre-existing rights are, or can
be affected; and there can be no doubt as to the powers of the Provi-
( 621 )
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5872/m1/629/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .