The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-07-31
have DE shadow of prete.t to retain the re.erved

have the shadow of pretext to retain the reserved
nve millions in the treasury an hour. Ii on the
other hand she Ia liable, why does she not pay ~
She has had two years to consider OF tie weight
and gravity of this obligation.
Your Hcmoriaists, therefore, contend that the
Government OF the United Statcs ought to do one
OF two things: either to pay the debt herself, or 10
modify the provso and allow Texas to do so, under
her existing appropriations, in conformity with her
conviction OF what is due to her creditors We VIII
not place ourselves In the attitude Of defending
and Justiiying the scaie by which Texas proposes
70 pay her debit which we deeply regret, not alone
from the lGsses enaed upon Ourselves, but on the
other classes of her creditors. But what we con-
tend ioT Ia, that ii is positive act OF injustice on
the part of the United States to withhold the
amount which Texas has thus appropriated TO a
creditor on his presenting himself at the Treasury
and signifying his Willingness TO sign his release
We believe If the Secretary Of the Treasury were
an officer 6ganst whom mandamus would lie,
he might be compelled TO accept the release OF each
creditor, and pay over the money which Texas has
enacted to be his due.
II has been said that II js competent for the Uni
ted States to disregard the standard by which
Texas has decreed her public debt should be paid,
and distribute the FIVE milIions pro rata among
her creditors. The Boundary act provides that the
reserved five millions shall, on the signing OF the
rcieases, 6e paid ouer to Teas alone. This, there
lore, could only be accomplished by an infraction
OF that law, and through the instrument ality OF
lar greater and more fragrant act of Reputation
on the part OF the United States than ia laid to the
charge Of Texas. The effect of this pro rata die.
trioution would be to scale those whom Texas had
declared bona fide entitled to par, and appropri-
ated tho money to pay them par, down 10 fifty
cents in the dollar.
But it has been said it might be done with the
consent of Texas, and with the consent of her
ditors. As this consent could never be obtained,
your memoIial:ss deem it unnecessary TO dscuss
an impossibility. -.... ~.
But, in conclusion, may not ask, why should
ma IN, tho, tla.
ment Texas has rendered them, imperfect ito
justice may be, be denied this privilege? Why
should the unfortunate and necessitous, the widow
and the orphan, be made the victims Of the specu.
aiops OF those who better afford TO remain out
OF their money than themselves, or be forced into
compulsory confederation to coerce Texas the
United States to make an adjustment in conformi-
ty with their own wishes and interests? To our
class further delay would be injurious to ALL and
ruinous 10 some of us, Texas has stopped the
interest on her public debt from the LIST Of July (,
1850. r.
If there are classes who desire 10 enter into this
war OF patience with Texas or the United States, to
see which party can remain longest out of u sete-
ment, and ascertain whether at last Texas will not
surrender at discretion, they ought to be INDUCED,
but not at our expense when we can receive our
money without making their situation more unls
voraOle than it is. Indeed it will be far favor
able. They will have perpetually accumuatng
fund OF three to three and half miilions remaining
in the Treasury OF the United Stat the basis Of
a security TO negotiate with the State of Texas for
better terms under the favorable influence and
spices of the Government of the United States. In
asking the humble privilege for ourselves of taking
what Texas has accorded to US, call upon no
creditor TO sign hs release who is not willing to do
60, nor do we abandon their moral and equa-
Bile claim on the United States and Texas to receive
full payment hereafter. when justice and magma
nimity shall triumph over false and parsimonious
economy.
Your memorialist cannot but believe, If the re.
served five millions be disbursed by modifca-
ton Of the proptso, this token of confidence and
Cancellation would lead to an early adjust
ment of the residue of the debt, either by tho
of land scrip or in money, by the sale Of an Indian
reservation within the limits of Texas to the Uni
ted States, by Texas, which has become measure
OF indisputable and unavoidable necessity.
That the public debt Of Texas will ultimately be
paid, either by her magnificent public domain, or
by the good faith of the United S ates, scarce
ly admit OF question: In lees than quarter OF a
century Texas will have paid, on the duti:s on
imports levied on her people, more than thirty
millions Of dollars into the Treasury of the Unit,
States, every dollar OF which s under solemn mort
gage to the creditors of Texas. Her liability,
therefore, (being that of purchaser of mortgaged
property,) exists as long she collects one cent
OF customs from the people OF Texas, and abidcs
eternal as the principles oftruth ana justice. Nor
can We believe that in the progress OF the Govern
nent of this great Confederacy she will leave one
of her obligations direct collateral unredecmed
''ior, colossal in her resources, and dauntless in
her nien, she will wear the star Of public faith on
her banner"
But these topics aside from the purpose Of
your mCmorfaiists.
Without INDUCING in hopes for tho future, they
wish you to accord TO them PRESENT act of Justice
Modify a proviso which. new interpreted,
amounts to Legislative jtlo de II you will not
pay your memoriaiis;s yourselves. allow Texas TO
DO 81; for partial payment is better than no pay
mept at all.
Your memoriasts, therefore, ask of your hon
orable body 80 to modify the prGVisO in the
boundary act, in conformity with the provisions of
the act of the Legislature of Texas OF the 3lst
January, 1852, as to enable such creditors desire
it, to sign their releases and receive the amounts
appropriated to their payment under that act.
And your memorialists as in duty bound will ever
pray. J. HAMILTON,
For himself and Others.