Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1845-10-11
From Texas,

From Texas
BY the arrival y yesterday Of the brig
Hope Hores, Capt SnAw, from Calves
ton, we are in possession Of papers Of that
place Of the 9th instant.
The Constitution was completed on the
18th ult., and the Convention Immediately
adjourned. On the same day, President
JONES issued his Proclamation, in accor-
dance with provision of the Constitution,
directing that the polls shall be opened on
the second Monday (l3th) of October
next, in The established precincts in each
county, for the purpose Of taking tie sense
OF the people in regard to the adoption or
rejection OF the Constitution and of ascer-
tanning whether majority Of them are for
.or against Annexation-the election TO be
conducted, the votes taken, and returns
made in conformity with the existing laws
regulating elections, with the exception
that the voting shall be vira roce, and not
by ballot. sa s. M #esa
The subjoined important Ordinanc was
adopted by the Convention on the 9th ,,lt.
II is 10 be submitted to the people al the
same time with the Constitution, but voted
on separately, so that the adoption or re-
| lection will not affect the fate Of that in
| strument. t.s-s ,..#eE
Whereas, various contracts have been
entered into by the President ofthe Repub-
lie OF Texas with divers individuals, with
the expressed intention Of culonizing an
enormous amount Of the public domain Of
exa>; and @ MN
Whereas, it is believed that said con-
tracts are Unconstitutional, and, therefore,
void from the beginning, and if carried
out would operate as monopoly Of up
wards OF seven million OF acres OF the pub
lie domain Of Texas, in the hands OF few
individuals--when, in truth the citizen
dolders and creditors Of the Republic Of
Texas had, by the laws and constitution Of
said Republic, a clear and indisputable
previously subsisting right to locate upon
public domain thus attempted to be assign
ed to said contractors.
Sec. l. Therefore, IL is hereby ordained and
declared, That it shall be the duty of the
Attorney General Of this State, or the
District Attorney of the District in which
any portion Of the colonies may be situate
as soon as the organization of the State
shall be completed, 10 institute legal pro-
ceedings against all colony contractors whc
have entered into contracts with the Pres
ident of Texas; and if, upon such inves.
tigation, it shall be found that any sucl
contract was unconstitutional, illegal ol
fraudulent or that the conditions of The
same have not been complied with accar-
ding 10 its terms, such Contract shall b,
Ia judged and decreed null and void: PRO.
u,ded, however, that all actual settlers IN.
der such contract, shall be entitled to ,heir
quantity of land as colonists-not to ceec
SIX hundred and forty acres to the head 0
family, and three hundred and twent,
acres TO single man. And in i'll suits
brought by, or against any contractors. ~
any person claiming under, by or through
them or either Of them, it shall be Lawful
for the adverse claimant to set forth any
. plea that il would have been Competent for
the State 70 plead; and the party may in
J troduce testimony to prove the claim or IL
tie TO have been forfeited, as well for frauds
! or illegally, or nncoustitutionality, as on
account OF a failure to con ply with The
conditions of the original grant or contract
and any such pleas shall be deemed good
aud valid in law, in all such suit or suits
in this State.
Sec. 2. BE it further ordained, That the
Legislature is hereby restrained from ex-
tending any contract for se,tliag a colony
and from relieving a contractor from the
failure Of the conditions, or the forfeiture
accruing from Noncompliance with the
contract.
Sec. 8. .fr,a be II further ordained, That
this Ordinance shall be presented to the
people for their adoption or rejection, at
the same time that tins Constitution shall
be presented to them, and the returns OF
the votes taken on this Ordinance, shall
be made to the Office of. Secretary of State
of The Republic Of Texas, at the same time
The votes for the Constitution may be re-
turned.-N. o. Weekly Bulletin, sgt.
10th.