The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-01-18

#=F.a. .#.#f lEAM, 1924 T
John Kennel Ezekiel Haines, Eden 3 Reeder George
Graham. jr., John MeCarly. Joshua Yorke, and Rob
ert b. Bowler appellants, Us Thomas ]. Chambers
Appeal from the district court OF the United States
York, and w G Snethen, of Washington, for appel
e lanisi Hon Volney Howard, OF Texas, for APP
pellee. h#tHN .aa#a 500
Opinion Of The Court 4, hs eass delivered By Mr. CaistI
Justice fancy.
This is an appeal from The decree OF The district court
OF the United States for the district of Texas
The appellants filed bill in that against the ap
pelee 10 obtain the specific execution OF agreement
which is sci out In full ia the bill and which they al
lege executed at the city OF Cincinnati. 10 the Stale
OF Ohio, about the 10th OF September, 1885. Some
OF the complanans claim original parties 10 the con
tract and the other sssgnees of original parties who
have sold and assigned TO them their interest.
The contract after stating that II entered into on
the day and year above mentioned between Gen. T. JEFF
ferson Chambers OF the Texan army OF the first part
and Morgan Neville and six others who named la the
agreement OF the city OF Cincinnati. OF the second part
proceeds to recis the motives and inducements OF the
parties in The following words:
.'That the said party the second part being dosou
of assisting The said Cen Jefferson Chsmbers Who is nov
Engaged N raising armlng and squippns volunteers To-
extremely DESTROYS advance the OF ireede and
dependence of Texas have agreed Of tho said
ina Tier described
And after this recital follows the agreement OF Cham
beers to cell and convey to them the land described in h
thousand five hundred dollars which he acknowledged
that he had received in their notes payable in equal IN
alments OF four. SIX and Twelve months and he cove
naned that he had good title 10 this land and would
convey with general warranty There are other slip
ulaons The parl Of Chambers TO the title the
parties which II is unnecessary to state, us they mol
material TO the questions before the court
After setting out the contract at large. the bill ayers
that the notes given as aforesaid were all paid and
forth the manner in which the complanans, who were
not parties to the original conac mad acquired their in
erest assignees and charges that, notwithstanding The
full payment of the money, Chambers under different pre-
texts, refuse 10 convey the land according TO the terms Of
his agreement.
/, further that they informed and believe thai
he received full compensation in money. scrip land, or
other valuable property Tor the supplies furnished by
him, and in arning and equipping the Texan army
erred TO in the said contract and which it in par
the object oil the said parties OF the second part assist
him TO do, by the said advances made by them as before
stated and which said advances did enable the said Cham
bers so 10 do.
To this bill the respondent (Chambers) demurred and
the principal question which arises on the demurrer s,
whether the contract a legal and valid one, and
such be enforced by either party in court of the
United States II appears on the lace OF i. and by the
averments of the appellants in their bill, that it was
made in Cincinnati, with general in the Texan army,
who then engaged in raising, armng, and equppng
volunteers for Texas 10 carry on hostiliies with Mex
leo and that of the inducements of the appellants
in entering into this contract and advancing the money
was assist him in accomplishing these objects,
The district court decided that the contract lille
gal and void, and sustained the demurrer and dismissed
the bill and we think tina, the decision right
The validity of this contract depends upon the relation
in which this country then stood TO Mexico and Texas
and the duties which these relations imposed upon the
government and citizens OF the United States
10 b B 5aa nn bss
know lodged by the United States and the constituted
hortes charged with our foreign relations regarded The
treaties had made with Mexico still in force and
obligatory upon both nations. By the treaty OF limits,
Texas had been admitted by our government TO be part
of the Mexican territory; and by the first article OF the
treaty of amy, commerce, and navig alton il was de-
eli red there a uni
vefsa peace. and true aud sincere friendship between
the United States of America and the United Mexican
States, all the exten, OF Their possessions and terrific
RES. and between their people and citizens respectively,
without distinction of persons place" These treaties
while they remained in force were by the constitution OF
the United States the supreme law, binding not
only upon the government, butupon every citizen No
contract could lawfully be made in violation OF their pro-
vision.
Undoubtedly when Texas had achieved her independ-
ence no previous treaty could bind this country to
gard il a part of the Mexican territory But il belong
ed the government and not to individual Citizens to de-
eide when that had taken place And that decision,
according 10 the laws OF nations, depended upon the
question whether she had had not civil government
in successful operation capable OF performing the duties
and fulfilling The obligations of independent power.
depended upon the state OF the fact and not npon the
RICH, which was in comics, between the parties And
the President his message 10 the Senate OF December
"a 1885, relation to the conflict between Mexico and
Texas. which WAS still pending, says:
IAN questions relayeto the government Of foreign ma
ons whether of the Old or the New World, have been
by United States questions of TACT only, and
our predecessors have cautiously abainsd from deciding
until the clsaret evidence in their posses
enable them only 10 decide correctly, but to
shield their decision from every unworthy imputaton."
Senate Journal OF 1885, 1887 pages 81 L
Acting upon these principles. the independence OF Tex
not acknowledged by the government of the Uni
ted States until the beginning Of March, 1897. Up TO
that time regarded part OF the territory OF Mex
co The treaty which admitted ii 10 be was held 10
be still in force and binding both parties; and every
effort made by the government 10 fulfil its neutral
legations and prevent our citizens from taking part IN
the conflict This IL eviden, from official conmunica-
ton IRON the President TO the governor OF Tennessee
reply inquiry in relation 10 requisliop for militia
made by Gen. Gaines The despatch dated in August
1896, and the President the following language
The obligation, OF our treaty with Mexico well as
the general principles which intercourse with
foregn powers require us To maintain strict neutrality
tie contest which agitsss part of that republic
50 long Mexico fuhs her duties TO they de-
fined by the treaty, and violates OF the rights which
secured by citizens, any the the
govefnment OF the United States which would tend ios
spirit Of resistance 10 her and laws. what
be their character and form, when
within her limits and jurisdiction. would be unauthor
ICED and highly mproper"-Ex. Doc 1896, 1887 Vol. J.
Doc, 2, p, 5s. ear rst.u H#1#.ar f#- ##H5s
And the very day which the agreement OF which
speaking was made, (September rs, 1882 Mr.
Forsyth, the Secretary OF State, in to the Mexi-
minister. assured him that the had taken
the execution OF the laws for presev
ing the neutrality of the United States and that the pub
lie officers vgilant in the discharge OF that duty
lex. Doc vol 1, doc. 2, page 50, Ga
And still later the President in his message the Sem