Letters upon the annexation of Texas, addressed to Hon. John Quincy Adams : as originally published in the Boston atlas

Introduction

The passage of the joint resolutions by Congress, appears to have engendered a general apathy among the opponents of Annexation. Why is it so? So far as the actual consummation of the act is concerned, we are as far from it now as we were prior to their passage. But the first act of the eventful drama has as yet been performed, — the second may awaken the people to sober reflection. Political impulses may for a time warp the judgment of the mass, but they will ever carry with them the elements of their own dissolution. With all the appliances of party, with forces flushed by recent triumphs and spurred onward by the spoils of victory, our opponents have been forced into conditional and guarded propositions. Before the subject is again presented to Congress, the fury of party will have exhausted itself in thedisgusting struggle for office, and the people will begin tocalculate the value of the Union, and the paltry prize for which it is to be jeopardized.

Keep but the subject before the people in its practical bearing upon the present and future welfare of the country — strip it of its party trappings — let it descend from the forum and gain a hearing at the domestic fireside, and a joint resolution will be echoed from every hill and valley to support the Constitution, and maintain the national faith and honor.

These Letters have no other recommendation than their practical bearing upon the question. Still I feel that the homely garb in which they are presented, will give them additional weight with the people. Should they be the humble instrument of presenting materials for other and abler hands to use, or awaken the public mind to the perils involved an the question, I shall be amply compensated for my labor,

LISLE.

ANNEXATION OF TEXAS.

LETTER I. December 19, 1844

To the Hon. John Quincy Adams :

Sir : — The result of the late Presidential election has made the admission of Texas into the Union a matter of probable occurrence. The manner and conditions are, fortunately, yet undetermined. Their discussion in Congress, will become a matter of deep interest to men of all parties — for, in the mind of every enlightened American, there is involved in the measure consequences of vital bearing upon the union and stability of these States. I shall offer no apology for the liberty I have taken, in addressing this series of letters to you ; for I feel that none will be required. The commanding position you have assumed on this question, has, if possible, added to your fame as a far-seeing statesman, and to your reputation as a patriot and a man. No subject was ever presented to this people, of such fearful importance as this ; nor one that has demanded a more careful and deliberate consideration ; and yet, strange as it may appear, none was ever so little understood, or involved in such mystery and doubt. Indeed, I may go further, and say that there never was a subject offered for national investigation, under which such gross misrepresentation and deception have been practiced. Under these impressions, I cannot doubt that any information on this all-absorbing question will be favorably received, from whatever source it may be derived, or however humble may be the garb in which it is presented. It is my intention, in these letters, to present to the public a condensed statement of the conditions under which the early emigrants to Texas settled ; the character of their titles to the land they occupied ; the extent of the guarantees given by the Mexican government ; the extent of the grants made by Mexico, and the state of Coahuila and Texas ; the present validity of those grants ; the extent of the grants already made by Texas ; to what extent the old grants of Mexico, and Coahuila and Texas, have been confirmed by the government of Texas; the actual boundary of Texas; the quantity and value of the lands that would be realized by our government by annexation ; who are the holders of the Mexican and Texian land scrip; and the origin of the project. In the examination of these several points, will 'necessarily be included the political and geographical position of Texas ; her ability to sustain herself as an independent nation; and the danger of her engaging in foreign alliances, prejudicial to the safety and commercial prosperity of the United States.

If the subject were one upon which the means of investigation were open to the public, I should not for a moment, presume that it was in my power to throw any new light upon it. But when I reflect that all the information, thus far exhibited, has been upon one side; that, blinded by the influence of party, a majority of our population have determined, at whatever cost, right or wrong, to possess that fertile and inviting portion of our continent, I feel it to be a duty which I owe to my country, to present the subject, as far as my abilities will permit, in its true light, and leave the decision to a people, who, however rashly they may act in the furtherance of party purposes, will not, in cool deliberation, sanction acts derogatory to the national character, and injurious to the public interest. I may be asked why the means of investigation are so limited, on this particular subject; and why our public men have shown themselves so defieieut of information on a question of such great weight ? I answer that such is the peculiar position of both Mexico and Texas, in regard to the publication of Journals, and works on Law and Statistics, that but few have ever been produced by their presses, and. those of the most imperfect character.

The newspapers o£ those countries, particularly those of Mexico, are seldom received in the United States — and their contents, excepting' the local news, are rarely republished. Independent of the fact, that the most important documents upon this question, are in the Spanish language, it should be remembered, that, prior to the agitation of this question, they were of no possible interest to our citizens; and previously tolhe revolution of Texas, were considered of minor importance even by Mexico herself. Under these circumstances, it cannot be a matter of surprise that the existing relations of Mexico and Texas, and the true position of their public lands, should, in fact, be a sealed book to our most intelligent and enlightened statesmen.

These letters will be presented under an anonymous form, for many reasons which it would not interest the public to know. The desire of avoiding personal responsibility, is not, however, connected with them. Could my name, in my own opinion, givethem additional weight, 1 should unhesitatingly affix it.- Among my personal friends, the author will be easily recognized ; and, as 1 seek no other remuneration for my labors than to be the humble instrument of a public good, the being publicly known, is a consideration I would sedulously avoid. If these letters, as they are from time to time presented in this paper, should not carry in themselves intrinsic evidence of their truth and candor, they can assume no additional value from any name, however elevated. With this exposition of my feelings and views, 1 shall proceed at once to the subject; asking of you, sir, and the public, that the imperfect manner in which I may present it, may be overlooked, in the importance of the matter.

LETTER II. December 21

Sir : — In the diplomatic correspondence of Mr. Calhoun with our representatives in Mexico, and the notes of Mr. Shannon to the Mexican Secretary of Foreign Affairs, that government is accused of having invited emigration to the country, for the purpose of defence against the frontier Indians — and of subsequently driving the colonists into a revolution by oppression. The question as to the right, or justification, of Texas, in her revolt against the central government of Mexico, has been, for all national purposes, settled by her success. The atrocious system of warfare avowed by Mexico, in her attempted subjugation of Texas, has proved to the world, that as a nation, she is totally unfit to govern a colony of the Anglo-Saxon race. With such a people, we, as an enlightened nation, can have no sympathy. Still, degraded and despicable as she is, we are bound, in our intercourse with her, to regard her as an independent nation — with rights as such, which we, as a stronger power, cannot honorably invade. The fact of her inviting emigration, is one of considerable importance to a proper understanding of her claims on Texas. If it should appear that she never contemplated, or authorized, such a class of colonists as eventually settled in Texas — and that, upon the discovery of the evil, she used all the means at her command to stop such emigration — and that the use of such means was the origin of the oppressive acts which drove Texas into revolt, although it would not affect the position of Texas, in the present question, as an independent nation, still it would go far to justify Mexico in the strong language she has used, in her diplomatic intercourse with the United States.

To a correct understanding of this subject, it is necessary to refer to the colonization laws of Mexico. The first law was promulgated by Augustin the 1st, (the famous and unfortunate Iturbide.) After proclaiming the necessity of a general colonization law for the empire, the first article declares — " The government of the Mexican nation will protect the liberty, property, and civil rights of all foreigners who profess the Roman Catholic apostolic religion, the established religion of the empire." By the 16th article, it is made the duty of the government to provide the colonists with religious instruction. By the national colonization law of 1824, all emigrants were sworn to support the then existing constitution and laws, which declared the Catholic religion the only religion of the State, and all others as prohibited. The same law, article 4th, prohibited any colonization of lands within twenty leagues of the boundary of any foreign nation, or within ten leagues of the coasts. By the colonization laws of Coahuila and Texas, (decreed in 1825,) under which a vast majority of the land titles of Texas were issued, the same provisions are made. Article 3d reads as follows:

" The Ayuntamiento, in such case, shall administer to him (the emigrant) the oath which he must take to obey the Federal and State Constitutions, and observe the religion which the former prescribes — and consider him from that time, and not before, as domiciliated."

From the continual infringement of the above provisions, by the introduction of Protestant families, as early as 1827, the State of Coahuila and Texas issued instructions to the Commisioners of Land, in the following strong language :

" It shall be the duty of the Commissioner scrupulously to examine the certificates, or recommendations, which foreign emigrants must produce from the local authorities of the place where they removed from, accrediting their Christianity, morality, and steady habits — without which requisite they shall not be admitted into the colony."

By the above provisions it will be distinctly seen, that no invitation was ever given by Mexico, except to Catholic emigrants — and that the introduction of Protestant families was expressly prohibited. In the enactment of the general law of Coahuila and Texas, Texas had a voice, by her. elected delegates. No decided opposition was ever made by her representatives, to such provisions — from the fact, probably, that the imbecility of Mexico would not permit their enforcement. As no act could be legally performed unless the individual was an acknowledged Catholic, the most shameful profanation of religious ordinances was permitted. Marriage ceremonies were performed, a dozen at a time ; crowds baptized at once, at a trifle per head ; and the sacrament partaken, as a matter of frolic. Instead of none but Catholics being admitted into the Colony, no Catholics could gain admission into the Protestant Colonies ; or, if admitted, their position soon became so uncomfortable as to compel them to emigrate to other sections of the country.

This state of things was early seen by the General Government of Mexico ; and active measures were taken to suppress the evil. The Law of Congress, prohibiting the settlement of lands within twenty leagues of the United States, and ten leagues of the coast, without permission of tbe General Government, had been evaded, and considered as a dead letter by the Colonists. It was in the attempts made by the Mexican Government to enforce the laws, which the Colonists had sworn to support, that the first opposition to Mexico exhibited itself. There is a Law of Coahuila and Texas, passed March, 1825, authorizing the sale of public lands, at auction, in which the following clause occurs:

Art. 10th. No person shall be molested for political and religious opinions, provided he shall not disturb the public order.

This is, I believe, the only instance, in the legislation of any of the States of Mexico, in which a law has been passed tolerating Protestants. Unfortunately for the Texians, this law was declared unconstitutional, and vetoed by the National Congress. Up to the period (1835) of the subversion of the Constitution of 1824, by Santa Anna, the efforts of the Mexican Government were unceasingly directed to the restoration of law and order, in the department of Texas. The restless Protestant spirit of the Colonists, however, could not be bent to Catholic rule. Every effort of the General Government, to maintain the authority of the legitimate laws of the colony, served but to exasperate, more and more, the population. Up to this period, the conduct of the Texians can only be defended, on the principle of the right of self defence against the proscription of Catholic intolerance. But for the overthrow of the Constitution of 1824, and the natural right she possessed, as an independent State, to resist the usurpation of Santa Anna, the world could not have justified her in her revolutionary struggle for independence.

I have gone thus at some length into the question — Did Mexico invite the colonists into Texas ? — to show, that whatever may have been her political sins, she cannot justly be charged with the treachery urged upon her by our Executive. Her national colonization laws were general, and had no exclusive reference to Texas. Protestants were expressly excluded from a participation in them ; — and, to this day, in the other States of the confederacy, they are excluded. That the influx of Protestants into a part of her territory has lost to her the fairest part of the Republic is her misfortune, not her crime.

LETTER III. December 26

In my last letter, I think I demonstrated from the colonization laws of Mexico, that she never invited Protestant emigrants to her territory— and that no Protestant could acquire a legal title to land under the laws she had enacted. When it is recollected how large a majority of the present holders of her land titles are not only not Catholics, but have never even gone through the forms required by the law, a 2 question will naturally arise, could the titles derived from Mexico, and the State of Coahuila and Texas, be maintained in the Courts of the United States, should Texas be annexed ? It is to be presumed that our Courts would rule, that, where the original conditions of the grants had not been fulfilled, the grants would be void. It is a wellknown fact, that, excepting Austin's old Colony, on the Brassos, and some of the military grants, not one colonist in ten has complied with the conditions of the law ; and of the immense amount of floating titles now in the hands of speculators, not one in one hundred could be sustained under the Mexican laws. If the rules laid down in the decisions upon the validity of Spanish titles, in Florida, and French and Spanish titles in Louisiana, should be applied to the Mexican titles, now in the hands of Protestants and non-residents, many, who are now dreaming of realizing thousands from annexation, will find themselves sadly disappointed. In the discussion of this subject, however, I shall take the position that all the grants made are legal, irrespective of religious tests; and, where those grants have been contested by the Government of Texas, show, as clearly as possible, the grounds upon which they have been contested.

I shall now proceed to explain, in a concise manner, the nature and character of the Land Titles of Mexico and Texas. Previously to the revolution of Mexico, Moses Austin obtained of the Spanish authorities the privilege of establishing a colony of Catholics in Texas. He was, however, prevented from carrying his plans into execution, by death. Subsequently to his death, his son, S. F. Austin, applied to the then new Empire of Mexico for a confirmation of the privilege formerly granted to his father. It was confirmed by the existing authorities — and a settlement of three hundred families located on the Brassos River. The proceedings of Gen. Austin were confirmed by the General Government, and the title of the settlers made absolute fee simple. These are the only titles of the kind in Texas, derived from Mexico. A National Law was passed, in August, 1824 — from which, to a clear understanding of the subject, it is necessary to make the following translated extracts :

Art. 1. The Mexican nation offers to foreigners, who come to establish themselves within its territory, security for their persons and property, provided they subject themselves to the laws of the country.

Art. 3. For this purpose the Legislatures of all the States will, as soon as possible, form colonization laws, or regulations for their respective States, conforming themselves, in all things, to the constitutional act, general constitution, and the regulations established in this law.

Art. 12. It shall not be permitted to unite in the same hands with the right of property, more than one league square of land, suitable for irrigation, four square leagues Jn superfices, of arable land, without the facilities of irrigation, and six square leagues in superfices of grazing land.

Art. 15. No person, who, by virtue of this law, acquires a title to lands, shall hold them, if he is domiciliated out of the limits of.the Republic.

Under the powers granted by the above, the State of Coahuila and Texas proceeded to enact a Colonization Law, confining the privilege to Catholics, as shown in Letter No. 2, restricting the approach to the sea-coast, and to the boundary of the United States, and confining themselves to the restrictions of the national law. Under its provisions, Undertakers, or Empressarios, were allowed certain limits, which are marked out on the old maps of Texas as grants — within which they were at liberty to introduce the number of families for which they might have contracted ; the term of six years being allowed for the completion of the contract. The time, however, was, in many cases, extended by the State. For the introduction of one hundred families, they were allowed five sitios and five labors of land ; and the same for each hundred up to eight hundred — above which number, no Empressario was allowed a premium. Each family, or single man, upon locating in the country, and complying with the law, was entitled to a given quantity of land, varying from one labor, (177 acres) to a sitio or league, 4428 acres. As an acknowledgment to the State, they were to pay " for each sitio, thirty dollars ; for each labor, two dollars fifty cents, without the facility of irrigation ; and three and a half dollars for each one that can be irrigated." The full payments were not to be made until six years after settlement, and in instalments of four, five and six years. The titles of all settlers to be considered renounced, and the land taken possession of by the Government, if not cultivated, or settled upon within six years from the grant. The emigrant had liberty to leave the country, and sell his land, if he thought proper so to do — the purchaser, however, was required to fulfil the conditions under which the original grantee received it. Empressario contracts were made for even hundreds of families, no premium being allowed for any less number than one hundred, nor for an excess, unless they amounted to another hundred. The title of a settler was not, however, vitiated by the non-fulfilment of the Empressario's contract. Some of the contracts expired, by limitation, before the declaration of independence by Texas. . Others were in force ; but the position of the country, and the legislation of the existing government, stopped emigration under them.

Under each of the grants, or Empressario contracts, more or less families were settled. Forms were established by the government, through which the emigrant must pass, before receiving a full title. These forms embraced so long a period of time, that but few titles were confirmed by the State, prior to the declaration of independence. One of the first acts of the government of Texas was, to close the land offices, and to require all sums due the government of Coahuila and Texas, as taxes or land dues, to be paid to the government of Texas — exonerating her citizens from all liability to the Mexican authorities. The only evidence of title received by the emigrant was the Empressario's certificates, certified by the local authorities — and an order for a survey, or a certified copy of the survey, when made. Under these contracts, an immense number of spurious titles were issued — of which, and of other special grants made by the States of Mexico, I will speak in my next letter.

LETTER IV. December 28

Sir: — I closed my last letter with the promise to designate other grants that had been made by Mexico, aud the State of Coahuila and Texas, and to point out the immense number of fraudulent land claims that had been manufactured in the Texas speculation. The extraordinary haste with which this question is being pressed. before Congress, and the evident determination of the leaders of the Loco Foco party to force the measure, whatever may be the ultimate consequences, admonishes me of the necessity of passing lightly over the minor points, and proceeding, at once, to the weighty matters involved in the question. It appears to me that there is a premeditated determination, both with the Government and its party leaders, to stifle, if possible, all investigation — obtain the annexation, at whatever cost — and leave the people to reflect, at their leisure, on the consequences of rash and hasty legislation. It is my intention to dispel, if possible, the more than Egyptian darkness that now hangs over the subject — and enable the people at large, as well as their representatives, to raise a warning voice.

In 1823, a grant was decreed by the states of Texas and Coahuila, Tamaulipas and Chihuahua, to Bradbourn and Staples, for the exclusive navigation, by steam, of the Rio del Norte, and the privilege of locating upon all the vacant lands on either side of the River. This grant was confirmed by the Federal Government for the term of fifteen years. A sail vessel, of a light draft, was fitted with a steam engine, in New York, in 1830, and sent out under the command of Capt, Henry Austin. The river was ascended, with great difficulty, at a high stage of water, about 700 miles. The navigation was fpund to be impracticable for a boat of any size, and the project was abandoned. The projectors, however, secured their claim by the experiment — and now hold it as good against the Mexican Government. Of this river, as the Treaty boundary of Texas, I shall speak more fully hereafter.

From time to time', since 1824, the Federal Government, and that of Coahuila and Texas, have made many military grants (so called) for services rendered the State. They vary from three to eleven leagues each. The papers certifying these grants were, in almost every case, copies of the originals deposited among the archives of the district in which the land was located, or where it was intended to be located. This opened a channel for the most extensive frauds.

Duplicate copies of these titles to grants could be obtained, to any extent, by paying for the labor of writing them off. Individuals had but to purchase an original title, and they could obtain as many copies to speculate upon as they might wish. A profitable trade has been, for years, carried on, in the southern and western States, in this new species of merchandise ; and there are probably thousands, in the south and west, who, during the last political campaign, were hugging these fancied slices of the El Dorado, and hurraing for Polk and Texas. The facility with which an emigrant's papers could be obtained, under the Empressario contracts, and the ready sale their spurious titles met with, in the United States, drew a host of speculators into the business. Persons were hired at Natchez, and other places on the Mississippi, and also at New Orleans, to proceed to Texas, take the oath of intention to locate, obtain a title, and then return. These titles, thus fraudulently obtained, could not be distinguished from the genuine, — and their character can only be eventually known, when the unfortunate purchaser attempts to take possession of his land. I have previously shown that a title could only be valid, when the emigrant had located upon, and improved the soil. An immense number of these false head rights have been sold in this country, and are now distributed through almost, every State in the Union. In addition to these, there are supposed to be fifty millions of acres in worthless titles, issued by the El Dorado company, Galveston bay and Texas land company, the Arkansas and Texas land association, and the Colorado and Red River company.

The certificates of land stock, of some of these companies, have been sold at auction in New York, and elsewhere, to an immense amount. For some years, agents were employed to traverse the Western States, and sell their worthless paper at a cent, and even less, for the acre. Millions of it are now in the hands of our western mechanics and farmers who firmly believe that, if Texas is annexed, they can sell the trash that has been palmed off upon them, at two or three dollars'the acre. I have little doubt that, in the State of New York, at least one-tenth of the voters are directly or indirectly interested in this scrip — and that it exists in large quantities in all the middle and eastern States. But a word of explanation is here necessary, to show the reader why the scrip is, as I have represented it. If the reader will turn to my third letter, he will there find a description of the Empressario grants or contracts. These land companies having purchased of the Empressarios the right of locating families upon their grants, and of receiving the commission of five per cent, allowed by the government for actual settlers, have assumed the title to the land in fee simple, and issued scrip purporting to give an actual title to land, for which they have never paid one cent, or fulfilled a single condition named in the original grant. These titles may be known, by being in decimal numbers of acres, such as, 100, 500, 1000, &c. No titles of such even numbers of acres have ever been issued by the States of Mexico or by Texas.

When it is borne in mind that this immense number of spurious titles, spread over the country, are over and above the bona fide titles actually acknowledged by the Texian Government, some faint estimate may be formed of the immense influence their possession has had upon the late Presidential election. By official returns, made under the direction of the Congress of Texas, in 1838, it appears that the then existing land claims, of which the titles were good, amounted to about forty-five millions of acres. Since that period other titles have been brought forward, and extensive grants have been made by the Government. The exact amount, in acres, of the valid grants that have been made, since 1821, cannot clearly be ascertained from the records of the land offices. The situation of the country, and the careless manner in which the books have been kept, forbid anything like an accurate estimate. It is, however, somewhere between sixty and seventy millions of acres. Of this immense amount of land claims, good and bad, seven-eighths are held by citizens of the United States. Estimating these seven-eighths to be equal to one hundred millions of acres, let us, for a moment, pause to contemplate the strange spectacle- it presents. The characters of the several titles are not known by the holders — nor can they be known, in most cases, without a long and expensive investigation. The holders, of course, believe them good. The price of much inferior land, in the West, is from one to two dollars per acre. We will, for illustration, set the value at one dollar. Here we have a direct bribe, operating upon the ballot box, of one hundred millions of dollars. Upon the election of a particular candidate for the presidency, depends the annexation of Texas. Upon that annexation depends the value or worthlessness of the property held. Can it, for a moment, be doubted, taking human nature as we every where find it, that it would positively and directly control the votes of the several holders.