Texas Freedom Documents: Declaration of the People of Texas, November 7, 1835; Address of the Honorable S. F. Austin, Delivered at Louisville, Kentucky, March 7, 1836, includes the Decree of October 3, 1835; Texas Declaration of Independence, March 2, 1836
Declaration of the People of Texas
November 7, 1835
WHEREAS, General Antonio Lopez de Santa Anna and other Military Chieftains
have, by force of arms, overthrown the Federal Institutions of Mexico, and
dissolved the Social Compact which existed between Texas and the other
Members of the Mexican Confederacy -- Now, the good People of Texas,
availing themselves of their natural rights,
SOLEMNLY DECLARE
1st. That they have taken up arms in defence of their Rights and
Liberties, which were threatened by the encroachments of military despots,
and in defence of the Republican Principles of the Federal Constitution of
Mexico of eighteen hundred and twenty-four.
2d. That Texas is no longer, morally or civilly, bound by the compact of
Union; yet, stimulated by the generosity and sympathy common to a free
people they offer their support and assistance to such of the Mexicans of
the Mexican Confederacy as will take up arms against their military
despotism.
3d. That they do not acknowledge, that the present authorities of the
nominal Mexican Republic have the right to govern within the limits of
Texas.
4th. That they will not cease to carry on war against the said
authorities, whilst their troops are within the limits of Texas.
5th. That they hold it to be their right, during the disorganization of
the Federal System and the reign of despotism, to withdraw from the Union,
to establish an independent Government, or to adopt such measures as they
may deem best calculated to protect their rights and liberties; but that
they will continue faithful to the Mexican Government so long as that
nation is governed by the Constitution and Laws that were formed for the
government of the Political Association.
6th. That Texas is responsible for the expenses of their Armies now in the
field.
7th. That the public faith of Texas is pledged for the payment of any
debts contracted by her Agents.
8th. That she will reward by donations in Land, all who volunteer their
services in her present struggle, and receive them as Citizens.
These DECLARATIONS we solemnly avow to the world, and call GOD to witness
their truth and sincerity; and invoke defeat and disgrace upon our heads
should we prove guilty of duplicity.
P. B. Dexter, Secretary.
B. T. Archer, President.
____________________
Address of the Honorable S. F. Austin
Delivered at Louisville, Kentucky, March 7, 1836
It is with the most unfeigned and heartfelt gratitude that I appear before
this enlightened audience, to thank the citizens of Louisville, as I do in
the name of the people of Texas, for the kind and generous sympathy they
have manifested in favor of the cause of that struggling country; and to
make a plain statement of facts explanatory of the contest in which Texas
is engaged with the Mexican Government.
The public has been informed, through the medium of the newspapers, that
war exists between the people of Texas and the present government of
Mexico. There are, however, many circumstances connected with this
contest, its origin, its principles and objects which, perhaps, are not so
generally known, and are indispensable to a full and proper elucidation of
this subject.
When a people consider themselves compelled by circumstances or by
oppression, to appeal to arms and resort to their natural rights, they
necessarily submit their cause to the great tribunal of public opinion.
The people of Texas, confident in the justice of their cause, fearlessly
and cheerfully appeal to this tribunal. In doing this the first step is to
show, as I trust I shall be able to do by a succinct statement of facts,
that our cause is just, and is the cause of light and liberty:-the same
holy cause for which our forefathers fought and bled:-the same that has an
advocate in the bosom of every freeman, no matter in what country, or by
what people it may be contended for.
But a few years back Texas was a wilderness, the home of the uncivilized
and wandering Comanche and other tribes of Indians, who waged a constant
warfare against the Spanish settlements. These settlements at that time
were limited to the small towns of Bexar, (commonly called San Antonio)
and Goliad, situated on the western limits. The incursions of the Indians
also extended beyond the Rio Bravo del Norta, and desolated that part of
the country.
In order to restrain these savages and bring them into subjection, the
government opened Texas for settlement. Foreign emigrants were invited and
called to that country. American enterprise accepted the invitation and
promptly responded to the call. The first colony of Americans or
foreigners ever settled in Texas was by myself. It was commenced in 1821,
under a permission to my father, Moses Austin, from the Spanish government
previous to the Independence of Mexico, and has succeeded by surmounting
those difficulties and dangers incident to all new and wilderness
countries infested with hostile Indians. These difficulties were many and
at times appalling, and can only be appreciated by the hardy pioneers of
this western country, who have passed through similar scenes.
The question here naturally occurs, what inducements, what prospects, what
hopes could have stimulated us, the pioneers and settlers of Texas, to
remove from the midst of civilized society, to expatriate ourselves from
this land of liberty, from this our native country, endeared to us as it
was, and still is, and ever will be, by the ties of nativity, the
reminiscences of childhood and youth and local attachments, of friendship
and kindred? Can it for a moment be supposed that we severed all these
ties-the ties of nature and of education, and went to Texas to grapple
with the wilderness and with savage foes, merely from a spirit of wild and
visionary adventure, without guarantees of protection for our persons and
property and political rights? No, it cannot be believed. No American, no
Englishman, no one of any nation who has a knowledge of the people of the
United States, or of the prominent characteristics of the Anglo-Saxon race
to which we belong-a race that in all ages and in all countries wherever
it has appeared has been marked for a jealous and tenacious watchfulness
of its liberties, and for a cautious and calculating view of the probable
events of the future-no one who has a knowledge of this race can or will
believe that we removed to Texas without such guarantees, as free born,
and, enterprising men naturally expect and require.
The fact is, we had such guaranteed; for, in the first place the
government bound itself to protect us by the mere act of admitting us as
citizens, on the gneral and long established principle, even in the dark
ages, that protection and allegiance are reciprocal-a principle which in
this enlightened age has been extended much further; for its received
interpretation now is, that the object of government is the well being,
security, and happiness of the governed, and that allegiance ceases
whenever it is clear, evident, and palpable, that this object is in no
respect effected.
But besides this general guarantee, we had others of a special, definite,
and positive character-the colonization laws of 1823, '24, and '25,
inviting emigrants generally to that country, especially guaranteed
protection for person and property, and the right of citizenship.
When the federal system and constitution were adopted in 1824, and the
former provinces became states, Texas, by her representative in the
constituent congress, exercised the right which was claimed and exercised
by all the provinces, of retaining within her own control, the rights and
powers which appertained to her as one of the unities or distinct
societies, which confederated together to form the federal republic of
Mexico. But not possessing at that time sufficient population to become a
state by herself, she was with her own consent, united provisionally with
Coahuila, a neighbouring province or society, to form the state of
COAHUILA AND TEXAS, "until Texas possessed the necessary elements to form
a separate state of herself." I quote the words of the constitutional or
organic act passed by the constituent congress of Mexico, on the 7th of
May, 1824, which establishes the state of Coahuila and Texas. This law,
and the principles on which the Mexican federal compact was formed, gave
to Texas a specific political existence, and vested in her inhabitants the
special and well defined rights of self-government as a state of the
Mexican confederation, so soon as she "possessed the necessary elements."
Texas consented to the provisional union with Coahuila on the faith of
this guarantee. It was therefore a solemn compact, which neither the state
of Coahuila and Texas, nor the general government of Mexico, can change
without the consent of the people of Texas.
In 1833 the people of Texas, after a full examination of their population
and resources, and of the law and constitution, decided, in general
convention elected for that purpose, that the period had arrived
contemplated by said law and compact of 7th May, 1824, and that the
country possessed the necessary elements to form a state separate from
Coahuila. A respectful and humble petition was accordingly drawn up by
this convention, addressed to the general congress of Mexico, praying for
the admission of Texas into the Mexican confederation as a state. I had
the honor of being appointed by the convention the commissioner or agent
of Texas to take this petition to the city of Mexico, and present it to
the government. I discharged this duty to the best of my feeble abilities,
and, as I believed, in a respectful manner. Many months passed and nothing
was done with the petition, except to refer it to a committee of congress,
where it slept and was likely to sleep. I finally urged the just and
constitutional claims of Texas to become a state in the most pressing
manner, as I believed it to be my duty to do; representing also the
necessity and good policy of this measure, owning to the almost total want
of local government of any kind, the absolute want of a judiciary, the
evident impossibility of being governed any longer by Coahuila, (for three
fourths of the legislature were from there,) and the consequent anarchy
and discontent that existed in Texas. It was my misfortune to offend the
high authorities of the nation-my frank and honest exposition of the truth
was construed into threats."
At this time (September and October, 1833) a revolution was raging in many
parts of the nation, and especially in the vicinity of the city of Mexico.
I despaired of obtaining anything, and wrote to Texas, recommending to the
people there to organize as a state de facto without waiting any longer.
This letter may have been imprudent, as respects the injury it might do me
personally, but how far it was criminal or treasonable, considering the
revolutionary state of the whole nation, and the peculiar claims and
necessities of Texas, impartial men must decide. It merely expressed an
opinion. This letter found its way from San Antonio de Bexar, (where it
was directed) to the government. I was arrested at Saltillo, two hundred
leagues from Mexico, on my way home, taken back to that city and
imprisoned one year, three months of the time in solitary confinement,
without books or writing materials, in a dark dungeon of the former
inquisition prison. At the close of the year I was released from
confinement, but detained six months in the city on heavy ball. It was
nine months after my arrest before I was officially informed of the
charges against me, or furnished with a copy of them. The constitutional
requisites were not observed, my constitutional rights as a citizen were
violated, the people of Texas were outraged by this treatment of their
commissioner, and their respectful, humble and just petition was
disregarded.
These acts of the Mexican government, taken in connexion with many others
and with the general revolutionary situation of the interior of the
republic, and the absolute want of local government in Texas, would have
justified the people of Texas in organizing themselves as a State of the
Mexican confederation, and if attacked for so doing in separating from
Mexico. They would have been justifiable in doing this, because such acts
were unjust, ruinous and oppressive, and because self-preservation
required a local government in Texas suited to the situation and
necessities of the country, and the character of its inhabitants. Our
forefathers in '76 flew to arms for much less. They resisted a principle,
"the theory of oppression," but in our case it was the reality - it was a
denial of justice and of our guarantied rights - it was oppression itself.
Texas, however, even under these aggravated circumstances forbore and
remained quiet. The constitution, although outraged and the sport of
faction and revolution, still existed in name, and the people of Texas
still looked to it with the hope that it would be sustained and executed,
and the vested rights of Texas respected. I will now proceed to show how
this hope was defeated by the total prostration of the constitution, the
destruction of the federal system, and the dissolution of the federal
compact.
It is well knows that Mexico has been in constant revolutions and
confusion, with only a few short intervals, ever since its separation for
Spain in 1821. This unfortunate state of things has been produced by the
effects of the ecclesiastical and aristocratical party to oppose
republicanism, overturn the federal system and constitution, and establish
a monarchy, or a consolidated government of some kind.
In 1834, the President of the Republic, Gen. Santa Anna, who heretofore
was the leader and champion of the republican party and system, became the
head and leader of his former antagonists-the aristocratic and church
party. With this accession of strength, this party triumphed. The
constitutional general Congress of 1834, which was decidedly republican
and federal, was dissolved in May of that year by a military order of the
President before its constitutional term had expired. The council of
government composed of half the Senate which, agreeably to the
constitution, ought to have been installed the day after closing the
session of Congress, was also dissolved; and a new, revolutionary, and
unconstitutional Congress was convened by another military order of the
President. This Congress met on the 1st of January, 1835. It was decidedly
aristocratic, ecclesiastical and central in its politics. A number of
petitions were presented to it from several towns and villages, praying
that it would change the federal form of government and establish a
central form. These petitions were all of a revolutionary character, and
were called "pronunciamientos," or prenouncements for centralism. They
were formed by partial and revolutionary meetings gotten up by the
military and priests. Petitions in favour of the federal system and
constitution, and protests against such revolutionary measures, were also
sent in by the people and by some of the State Legislatures, who still
retained firmness to express their opinions. The latter were disregarded
and their authors persecuted and imprisoned. The former were considered
sufficient to invest Congress with plenary powers. It accordingly, by a
decree, deposed the constitutional Vice President, Gomez Farias, who was a
leading federalist, without any impeachment or trial, or even the form of
a trial, and elected another of their own party, Gen. Barragan, in his
place. By another decree it united the Senate with the House of
Representatives in one chamber, and thus constituted, it declared itself
invested with full powers as a national convention. In accordance with
these usurped powers, it proceeded to annul the federal constitution and
system, and to establish a central or consolidated government. How far it
has progressed in the details of this new system is unknown to us. The
decree of the 3d of October last, which fixes the outlines of the new
government, is however sufficient to show that the federal system and
compact is dissolved and centralism established. The States are converted
into departments. This decree is as follows as translated:
[Decree of the 3d October, 1835]
"Office of the First Secretary of State, Interior Department.
"His Excellency the President pro tem. of the Mexican United States to the
inhabitants of the Republic. Know ye, that the General Congress has
decreed the following:
"ART. 1. The present Governors of the States shall continue,
notwithstanding the time fixed by the Constitution may have expired; but
they shall be dependent for their continuance in the exercise of their
attributes upon the supreme government of the nation.
"ART. 2. The Legislatures shall immediately cease to exercise their
legislative functions; but before dissolving (and those which may be in
recess meeting for the purpose) they shall appoint a department council,
composed for the present of five individuals, chosen either within or
without their own body, to act as a council to the governor; and in case
of a vacancy in that office, they shall propose to the supreme general
government three persons, possessing the qualifications hitherto required;
and until an appointment be made, the gubernatorial powers shall be
exercised by the first on the list, who is not an ecclesiastic.
"ART. 3. In those States where the Legislatures cannot be assembled within
eight days, the ayuntamientos(1) of the capital shall act in its place,
only for the purpose of electing the five individuals of the department
council.
"ART. 4. All the judges and tribunals of the States, and the
administration of justice, shall continue as hitherto, until the organic
law relative to the branch be formed. The responsibilities of the
functionaries which could only be investigated before Congress, shall be
referred to and concluded before the supreme count of the nation.
"ART. 5. All the subaltern officers of the State shall also continue for
the present, (the places which are vacant, or which may be vacated, not to
be filled,) but they, as well as the offices, and branches under their
charge, shall be subject to and at the disposal of the supreme government
of the nation, by means of their respective governors." - City of Mexico,
Oct. 3d, 1835.
MIQUEL BARRAGAN, President, pro. tem.
Manuel Dias De Bonilla, Secretary of State.
For the information of those who are not acquainted with the organization
of the Mexican Republic under the federal system and constitution of 1824,
it may be necessary to state that this constitution is copied, as to its
general principles, from that of the United States. The general Congress
had the same organization in substance and was elected in the same manner.
A Senate elected by the State Legislatures for four years, and a House of
Representatives elected by the people for two years. A President and Vice
President elected for four years, and removable only by impeachment and
trial. The mode of amending the constitution was clearly fixed.(2) The
powers of the States were the same in substance as the States of the
United States, and in some instances greater. In addition to this, during
the recess of Congress, half the Senate formed the council of government.
By keeping these facts in view, and then supposing the case that the
President and Congress of these United States were to do, what the
President and Congress of Mexico have done, and that one of the states was
to resist, and insist on sustaining the federal constitution and state
rights, and a parallel case would be presented of the present contest
between Texas and the revolutionary government of Mexico.
In further elucidation of this subject, I will present an extract from a
report made by me to the provisional government of Texas on the 30th of
November last, communicating the said decree of 3d October.
"That every people have the right to change their government, is
unquestionable; but it is equally certain and true, that this change, to
be morally or politically obligatory, must be effected by the free
expression of the community, and by legal and constitutional means; for
otherwise, the stability of governments and the rights of the people,
would be at the mercy of fortunate revolutionists, of violence, or faction.
"Admitting, therefore, that a central and despotic, or strong government,
is best adapted is the education and habits of a portion of the Mexican
people, and that they wish it; this does not, and cannot, give to them the
right to dictate, by unconstitutional means and force, to the other
portion who have equal rights, and differ in opinion.
"Had the change been affected by constitutional means, or had a national
convention been convened, and every member of the confederacy been fairly
represented, and a majority agreed to the change, it would have placed the
matter on different ground; but, even then, it would be monstrous to admit
the principle, that a majority have the right to destroy the minority, for
the reason, that self-preservation is superior to all political
obligations. That such a government as is contemplated by the before
mentioned decree of the 3d of October, would destroy the people of Texas,
must be evident to all, when they consider its geographical situation, so
remote from the contemplated centre of legislation and power; populated as
it is, by a people who are so different in education, habits, customs,
languages, and local wants, from all the rest of the nation; and
especially when a position of the central party have manifested violent
religious and other prejudices and jealousies against them. But no
national convention was convened, and the constitution has been, and now
is, violated and disregarded. The constitutional authorities of the State
of Coahuilla and Texas, solemnly protested against the change of
government, for which act they were driven by military force from office,
and imprisoned.(3) The people of Texas protested against it, so they had a
right to do, for which they have been declared rebels by the government in
Mexico.
"However necessary, then, the basis established by the decree of the 3d of
October, may be to prevent civil wars and anarchy in other parts of
Mexico, it is to be effected by force and unconstitutional means. However
beneficial it may be to some parts of Mexico, it would be ruinous in
Texas. This view presents the whole subject to the people. If they submit
in a forcible and unconstitutional destruction of the social compact,
which they have sworn to support, they disregard their duty to themselves,
and violate the first law which God stamped upon the heart of men,
civilized or savage; which is the law or the right of self-preservation.
"The decree of the 3d October, therefore, if carried into effect,
evidently leaves no remedy for Texas but resistance, secession from
Mexico, and a direct to natural rights.
These revolutionary measures of the party who had usurped the government
of Mexico, were resisted by the people in the states of Puebla, Oaxaca,
Mexico, Jalisco, and other parts of the nation. The state of Zacatccas
took up arms, but its efforts were crushed by an army, headed by the
president, General Santa Anna, in person; and the people of that state
were disarmed, and subjected to a military government. In October last, a
military force was sent to Texas, under Gen. Cos, for the purpose of
enforcing these unconstitutional and revolutionary measures, as had been
done in Zacatecas, and other parts of the nation. This act roused the
people of Texas, and the war commenced.
Without exhausting the patience by a detail of numerous other vexatious
circumstances, and violations of our rights, I trust that what I have said
on this point, is sufficient to show that the federal social compact of
Mexico is dissolved; that we have just and sufficient cause to take arms
against the revolutionary government which has been established; that we
have forborne until the cup was full to overflowing; and that further
forbearance or submission on our part would have been both ruinous and
degrading; and that it was due to the great cause of liberty, to
ourselves, to our posterity, and to the free blood which I am proud to
say, fills our veins, to resist and proclaim war against such acts of
usurpation and oppression.
The justice of our cause being clearly shown, the next important question
that naturally presents itself to the intelligent and inquiring mind, is,
what are the objects and intentions of the people of Texas?
To this we reply, that our object is freedom-civil and religious freedom-
emancipation from that government, and that people, who, after fifteen
years experiment, since they have been separated from Spain, have shown
that they are incapable of self-government, and that all hopes of any
thing like stability or rational liberty in their political institutions,
at least for many years, are vain and fallacious.
This object we expect to obtain, by a total separation from Mexico, as an
independent community, a new republic, or by becoming a state of the
United States. Texas would have been satisfied to have been a state of the
Mexican Confederation, and she made every constitutional effort in her
power to become one. But that is no longer practicable, for that
confederation no longer exists. One of the two alternatives above
mentioned, therefore, is the only resource which the revolutionary
government of Mexico has left her. Either will secure the liberties and
prosperity of Texas, for either will secure to us the right of self-
government over a country which we have redeemed from the wilderness, and
conquered without any aid or protection whatever from the Mexican
government, (for we never received any,) and which is clearly ours. Ours,
by every principle on which original titles to countries are, and ever
have been founded. We have explored and pioneered it, developed its
resources, made it known to the world, and given to it a high and rapidly
increasing value. The federal republic of Mexico had a constitutional
right to participate generally in this value, but it had not, and cannot
have any other; and this one has evidently been forfeited and destroyed by
unconstitutional acts and usurpation, and by the total dissolution of the
social compact. Consequently, the true and legal owners of Texas, the only
legitimate sovereigns of that country, are the people of Texas.
It is also asked, what is the present situation of Texas, and what are our
resources to effect our objects, and defend our rights?
The present position of Texas is an absolute Declaration of Independence -
a total separation from Mexico. This declaration was made on the 7th of
November last. It is as follows:-
"Whereas Gen. Antonio Lopez de Santa Anna, and other military chieftains,
have by force of arms, overthrown the federal institutions of Mexico, and
dissolved the social compact which existed between Texas and the other
members of the Mexican Confederacy, now the good people of Texas, availing
themselves of their natural rights, SOLEMNLY DECLARE,
"1st. That they have taken up arms in defence of their rights and
liberties, which were threatened by encroachments of military despots, and
in defence of the republican principles of the federal constitution of
Mexico, of 1824.
"2d. That Texas is no longer morally or civilly bound by the compact of
union; yet stimulated by the generosity and sympathy common to a free
people, they offer their support and assistance to such of the members of
the Mexican Confederacy as will take up arms against military despotism.
"3d. That they do not acknowledge that the present authorities of the
nominal Mexican Republic, have the right to govern within the limits of
Texas.
"4th. That they will not cease to carry on war against the said
authorities, whilst their troops are within the limits of Texas.
"5th. That they hold it to be their right, during the disorganization of
the federal system, and the reign of despotism to withdraw from the union,
to establish an independent government, or to adopt such measures as they
may deem best calculated to protect their rights and liberties; but that
they will continue faithful to the Mexican government so long as that
nation is governed by the constitution and laws, that were framed for the
government of the political association.
"6th. That Texas is responsible for the expenses of her armies, now in the
field.
"7th. That the public faith of Texas is pledged for the payment of any
debts contracted by her agents.
"8th. That she will reward by donations in land, all who volunteer their
services in her present struggle, and receive them as citizens.
"These declarations we solemnly avow to the world, and call God to witness
their truth and sincerity, and invoke defeat and disgrace upon our heads,
should we prove quilty of duplicity."
It is worthy of particular attention that this declaration affords another
and unanswerable proof of the forbearance of the Texians, and of their
firm adherence, even to the last moment, to the constitution which they
had sworn to support, and to their political obligations as Mexican
citizens. For, although at this very time the federal system and
constitution of 1824, had been overturned and trampled under foot by
military usurpation, in all other parts of the republic, and although our
country was actually invaded by the usurpers for the purpose of subjecting
us to the military rule, the people of Texas still said to the Mexican
nation- "restore the federal constitution and govern in conformity to the
social compact, which we are all bound by our oaths to sustain, and we
will continue to be a member of the Mexican Confederation." This noble and
generous act, for such it certainly was, under the circumstances, is of
itself sufficient to repel and silence the false charges which the priests
and despots of Mexico have made of the ingratitude of the Texians. In what
does this ingratitude consist? I cannot see, unless it be in our
enterprise and perseverance, in giving value to a country that the
Mexicans considered valueless, and thus exciting their jealousy and
cupidity.
To show more strongly the absurdity of this charge of ingratitude, & c.
made by the general government of Mexico, and of the pretended claims to
liberality, which they set up, for having given fortunes in land to the
settlers of Texas, it must be remembered, that with the exception of the
first three hundred families, settled by myself, the general government
have never granted or given one foot of land in Texas. The vacant land
belonged to the state of Coahuila and Texas, so long as they remained
united, and to Texas so soon as she was a state, separate from Coahuila.
Since the adoption of the federal system in 1824, the general government
have never had any power or authority whatever to grant, sell, or give any
land in Texas, nor in any other state. This power was vested in the
respective states. The lands of Texas have therefore been distributed by
the state of Coahuila and Texas (with the exception of the three hundred
families above mentioned) and not by the general government, and,
consequently, it is truly absurd for that government to assume any credit
for an act in which it had no participation, and more especially when it
has for years past thrown every obstacle in the way, to impede the
progress of Texas, as is evident from the 11th article of the law of the
6th April, 1830, which absolutely prohibited the emigration to Texas of
citizens of the United States; and many other acts of a similar nature-
such as vexatious custom-house regulations, passports, and garrisoning the
settled parts of the country where troops were not needed to protect it
from the Indians, nor from any other enemy. It is therefore clear that if
any credit for liberality is due, it is to the state government, and how
far it is entitled to this credit, men of judgment must decide, with the
knowledge of the fact that it sold the lands of Texas, at from thirty to
fifty dollars per square league, Mexican measure, which is four thousand
four hundred and twenty-eight acres English, and considered they were
getting a high price and full value for it.
The true interpretation of this charge of ingratitude is as follows:-The
Mexican government have at last discovered that the enterprising people
who were induced to remove to Texas by certain promises and guaranties,
have by their labours given value to Texas and its lands. An attempt is
therefore now made to take them from us and to annul all those guaranties,
and we are ungrateful because we are not sufficiently "docile" to submit
to this usurpation and injustice as the "docile" Mexicans have in other
parts of the nation.
To close this matter about ingratitude, I will ask--if it was not
ingratitude in the people of the United States to resist the "theory of
oppression" and separate from England?-can it be ingratitude in the people
of Texas to resist oppression and usurpation by separating from Mexico?
To return to the declaration of the 7th of November last, it will be
observed that it is a total separation from Mexico-an absolute declaration
of independence-in the event of the destruction of the federal compact or
system, and the establishment of centralism. This event has taken place.
The federal compact is dissolved, and a central or consolidated government
is established. I therefore repeat that the present position of Texas is
absolute independence:-a position in which we have been placed by the
unconstitutional and revolutionary acts of the Mexican government. The
people of Texas firmly adhered to the last moment, to the constitution
which they and the whole nation had sworn to support. The government of
Mexico have not-the party now in power have overturned the constitutional
government and violated their oaths-they have separated from their
obligations, from their duty and from the people of Texas; and,
consequently, they are the true rebels. So far from being grateful, as
they ought to be, to the people of Texas for having given value to that
country, and for having adhered to their duty and constitutional
obligations, the Mexicans charge us with these very acts as evidence of
ingratitude. Men of judgment and impartiality must decide this point, and
determine who has been, and now is ungrateful, and who are the true rebels.
In order to make the position of Texas more clear to the world, a
convention has been called to meet the first of March, and is no doubt,
now in session, for the express purpose of publishing a positive and
unqualified declaration of independence, and organizing a permanent
government.(4)
Under the declaration of 7th November, a provisional government has been
organized, composed of an executive head or governor, a legislative
council and a judiciary. A regular army has been formed, which is now on
the western frontiers prepared to repel an invasion, should one be
attempted. A naval force has been fitted out, which is sufficient to
protect our coast. We have met the invading force that entered Texas in
October, under Gen. Cos, and beaten him in every contest and skirmish, and
driven every hostile soldier out of Texas. In San Antonio de Bexar, he was
entrenched in strong fortifications, defended by heavy cannon, and a
strong force of regular troops, greatly superior to ours in number, which
was of undisciplined militia without any experienced officer. This place
was besieged by the militia of Texas. The enemy was driven into his works;
his provisions cut off, and the spirits and energies of his soldiers worn
down, with the loss of only one man to the Texans, and the place was then
taken by storm. A son of Kentucky, a noble and brave spirit from this land
of liberty and of chivalry, led the storm. he conquered, and died, as such
a spirit wished to die, in the cause of liberty, and in the arms of
victory. Texas weeps for her Milam; Kentucky has cause to be proud of her
son. His free spirit appeals to his countrymen to embark in the holy cause
of liberty for which he died, and to avenge his death.
I pass to an examination of the resources of Texas. We consider them
sufficient to effect and sustain our independence. We have one of the
finest countries in the world, a soil surpassed by none for agriculture
and pasturage, not even by the fairest portions of Kentucky-a climate that
my be compared to Italy; within the cotton or sugar region, intersected by
navigable rivers, and bounded by the Gulf of Mexico, on which there are
several fine bays and harbors suitable for all the purposes of commerce-a
population of about seventy thousand, which is rapidly increasing, and is
composed of men of very reputable education and property, enterprising,
bold and energetic, devotedly attached to liberty and their country,
inured to the exercise of arms, and at all times ready to use them, and
defend their homes inch by inch if necessary. The exportations of cotton
are large. Cattle, sheep and hogs are very abundant and cheap. The revenue
from importations and direct taxes will be considerable, and rapidly
increasing; the vacant lands are very extensive and valuable, and may be
safely relied upon as a great source of revenue and as bounties to
emigrants.
The credit of Texas is good, as is proven by the extensive loans already
negotiated. The country and army are generally well supplied with arms and
ammunition, and the organized force in February last in the field exceeded
two thousand, and is rapidly increasing. But besides these resources, we
have one which ought not, and certainly will not fail us-it is our cause-
the cause of light and liberty, of religious toleration and pure religion.
To suppose that such a cause will fail, when defended by Anglo-Saxon
blood, by Americans, and on the limits, and at the very door of this free
and philanthropic and magnanimous nation, would be calumny against
republicanism and freedom, against a noble race, and against the
philanthropic principles of the people of the United States. I therefore
repeat that we consider our resources sufficient to effect our
independence against the Mexicans, who are disorganized and enfeebled by
revolutions, and almost destitute of funds or credit.
Another interesting question which naturally occurs to every one is, what
great benefits and advantages are to result to philanthropy and religion,
or to the people of these United States from the emancipation of Texas? To
this we reply, that ours is most truly and emphatically the cause of
liberty, which is the cause of philanthropy, of religion, of mankind; for
in its train follow freedom of conscience, pure morality, enterprise, the
arts and sciences, all that is dear to the noble minded and the free, all
that renders life precious. On this principle, the Greeks and the Poles,
and all others who have struggled for liberty, have received the
sympathies or aid of the people of the United States; on this principle
the liberal party in priest-ridden Spain, is now receiving the aid of high-
minded and free born Englishmen; on this same principle Texas expects to
receive the sympathies and aid of their brethren, the people of the United
States, and of the freemen of all nations. But the Greeks and the Poles
are not parallel same with ours-they are not the sons and daughters of
Anglo-Americans. We are. We look to this happy land as to a fond mother
from whose bosom we have imbibed those great principles of liberty which
are now nerving us, although comparatively few in numbers and weak in
resources, to content against the whole Mexican nation in defence of our
rights.
The emancipation of Texas will extend the principles of self-government,
over a rich and neighbouring country, and open a vast field there for
enterprise, wealth, and happiness, and for those who wish to escape from
the frozen blasts of a northern climate, by removing to a more congenial
one. It will promote and accelerate the march of the present age, for it
will open a door through which a bright and constant stream of light and
intelligence will flow from this great northern fountain over the
benighted regions of Mexico.
That nation of our continent will be regenerated; freedom of conscience
and rational liberty will take root in that distant and, by nature, much
favoured land, where for ages past the banner of the inquisition, of
intolerance, and of despotism has paralized, and sickened, and deadened
every effort in favour of civil and religious liberty.
But apart from these great principles of philanthropy, and narrowing down
this question to the contracted limits of cold and prudent political
calculation, a view may be taken of it, which doubtless has not escaped
the penetration of the sagacious and cautious politicians of the United
States. It is the great importance of Americanizing Texas,by filling it
with a population from this country, who will harmonize in language, in
political education, in common origin, in every thing, with their
neighbours to the east and north. By this means, Texas will become a great
outwork on the west, to protect the outlet of this western world, the
mouths of the Mississippi, as Alabama and Florida are on the east; and to
keep far away from the southwester frontier-the weakest and most
vulnerable in the nation-all enemies who might make Texas a door for
invasion, or use it as a theatre from which mistaken philanthropists and
wild fanatics, might attempt a system of intervention in the domestic
concerns of the south, which might lead to a servile war, or at least
jeopardize the tranquility of Louisiana and the neighbouring states.
This view of the subject is a very important one, so much so that a bare
allusion to it is sufficient to direct the mind to the various interests
and results, immediate and remote, that are involved.
To conclude, I have shown that our cause is just and righteous, that it is
the great cause of mankind, and as such merits the approbation and moral
support of this magnanimous and free people. That our object is
independence, as a new republic, or to become a state of these United
States; that our resources are sufficient to sustain the principles we are
defending; that the results will be the promotion of the great cause of
liberty, of philanthropy, and religion, and the protection of a great and
important interest to the people of the United States.
With these claims to the approbation and moral support of the free of all
nations, the people of Texas have taken up arms in self-defence, and they
submit their cause to the judgement of an impartial world, and to the
protection of a just and omnipotent God.
FOOTNOTES:
(1. The ayuntamientos are the municipal bodies, or corporations of cities,
and are similar to the mayor and council or corporations of the cities in
the United States. To explain by a comparison the unconstitutional power
vested by the decree of 3d of October in the ayuniamientos, or
corporations of capitals of the States, we have only to suppose that a
similar decree to this one of the 3d of October, was passed by the
Congress of the United States, and that the Legislature of Kentucky was
not in session and could not be convened, and that the corporation or
municipal authority of Frankfort, acting in the name and as the
representative of the whole State, was to nominate five persons to compose
the department council of Kentucky, which by such a decree as this one of
3d October, would be converted from a State into a department of the
consolidated government, like the departments of France.)
(2. See articles 166, 167, 168, 169 and 170 of the Mexican constitution.)
(3. The Legislature of the State of Coahuila and Texas of 1835, which made
this protest, was dissolved by a military force acting under the orders of
Gen. Cos, and the Governor, Don Augustin Viesca, the Secretary of State,
and several of the members of the Legislature were imprisoned. Col.
Benjamin R. Milam, who fell at San Antonio De Bexar, and several other
Texans were at Monclova, the capital of the State, when these events took
place-they took a decided stand in support of the State authorities and
the constitution. Milam was taken prisoner with the Governor, the others
escaped to Austin's colony, and the local authorities were commanded by a
military order from General Cos to deliver them up to him. This order was
not obeyed of course: it was the precursor of the invasion of Texas by
this General in October.)
(4. The declaration of independence was made on the 2d March.)
____________________
The Texas Declaration of Independence
March 2, 1836
The Unanimous
Declaration of Independence
made by the
Delegates of the People of Texas
in General Convention
at the town of Washington
on the 2nd day of March 1836.
When a government has ceased to protect the lives, liberty and property of
the people, from whom its legitimate powers are derived, and for the
advancement of whose happiness it was instituted, and so far from being a
guarantee for the enjoyment of those inestimable and inalienable rights,
becomes an instrument in the hands of evil rulers for their oppression.
When the Federal Republican Constitution of their country, which they have
sworn to support, no longer has a substantial existence, and the whole
nature of their government has been forcibly changed, without their
consent, from a restricted federative republic, composed of sovereign
states, to a consolidated central military despotism, in which every
interest is disregarded but that of the army and the priesthood, both the
eternal enemies of civil liberty, the everready minions of power, and the
usual instruments of tyrants.
When, long after the spirit of the constitution has departed, moderation
is at length so far lost by those in power, that even the semblance of
freedom is removed, and the forms themselves of the constitution
discontinued, and so far from their petitions and remonstrances being
regarded, the agents who bear them are thrown into dungeons, and mercenary
armies sent forth to force a new government upon them at the point of the
bayonet.
When, in consequence of such acts of malfeasance and abdication on the
part of the government, anarchy prevails, and civil society is dissolved
into its original elements. In such a crisis, the first law of nature, the
right of self-preservation, the inherent and inalienable rights of the
people to appeal to first principles, and take their political affairs
into their own hands in extreme cases, enjoins it as a right towards
themselves, and a sacred obligation to their posterity, to abolish such
government, and create another in its stead, calculated to rescue them
from impending dangers, and to secure their future welfare and happiness.
Nations, as well as individuals, are amenable for their acts to the public
opinion of mankind. A statement of a part of our grievances is therefore
submitted to an impartial world, in justification of the hazardous but
unavoidable step now taken, of severing our political connection with the
Mexican people, and assuming an independent attitude among the nations of
the earth.
The Mexican government, by its colonization laws, invited and induced the
Anglo-American population of Texas to colonize its wilderness under the
pledged faith of a written constitution, that they should continue to
enjoy that constitutional liberty and republican government to which they
had been habituated in the land of their birth, the United States of
America.
In this expectation they have been cruelly disappointed, inasmuch as the
Mexican nation has acquiesced in the late changes made in the government
by General Antonio Lopez de Santa Anna, who having overturned the
constitution of his country, now offers us the cruel alternative, either
to abandon our homes, acquired by so many privations, or submit to the
most intolerable of all tyranny, the combined despotism of the sword and
the priesthood.
It has sacrificed our welfare to the state of Coahuila, by which our
interests have been continually depressed through a jealous and partial
course of legislation, carried on at a far distant seat of government, by
a hostile majority, in an unknown tongue, and this too, notwithstanding we
have petitioned in the humblest terms for the establishment of a separate
state government, and have, in accordance with the provisions of the
national constitution, presented to the general Congress a republican
constitution, which was, without just cause, contemptuously rejected.
It incarcerated in a dungeon, for a long time, one of our citizens, for no
other cause but a zealous endeavor to procure the acceptance of our
constitution, and the establishment of a state government.
It has failed and refused to secure, on a firm basis, the right of trial
by jury, that palladium of civil liberty, and only safe guarantee for the
life, liberty, and property of the citizen.
It has failed to establish any public system of education, although
possessed of almost boundless resources, (the public domain,) and although
it is an axiom in political science, that unless a people are educated and
enlightened, it is idle to expect the continuance of civil liberty, or the
capacity for self government.
It has suffered the military commandants, stationed among us, to exercise
arbitrary acts of oppression and tyrrany, thus trampling upon the most
sacred rights of the citizens, and rendering the military superior to the
civil power.
It has dissolved, by force of arms, the state Congress of Coahuila and
Texas, and obliged our representatives to fly for their lives from the
seat of government, thus depriving us of the fundamental political right
of representation.
It has demanded the surrender of a number of our citizens, and ordered
military detachments to seize and carry them into the Interior for trial,
in contempt of the civil authorities, and in defiance of the laws and the
constitution.
It has made piratical attacks upon our commerce, by commissioning foreign
desperadoes, and authorizing them to seize our vessels, and convey the
property of our citizens to far distant ports for confiscation.
It denies us the right of worshipping the Almighty according to the
dictates of our own conscience, by the support of a national religion,
calculated to promote the temporal interest of its human functionaries,
rather than the glory of the true and living God.
It has demanded us to deliver up our arms, which are essential to our
defence, the rightful property of freemen, and formidable only to
tyrannical governments.
It has invaded our country both by sea and by land, with intent to lay
waste our territory, and drive us from our homes; and has now a large
mercenary army advancing, to carry on against us a war of extermination.
It has, through its emissaries, incited the merciless savage, with the
tomahawk and scalping knife, to massacre the inhabitants of our
defenseless frontiers.
It hath been, during the whole time of our connection with it, the
contemptible sport and victim of successive military revolutions, and hath
continually exhibited every characteristic of a weak, corrupt, and
tyrranical government.
These, and other grievances, were patiently borne by the people of Texas,
untill they reached that point at which forbearance ceases to be a virtue.
We then took up arms in defence of the national constitution. We appealed
to our Mexican brethren for assistance. Our appeal has been made in vain.
Though months have elapsed, no sympathetic response has yet been heard
from the Interior. We are, therefore, forced to the melancholy conclusion,
that the Mexican people have acquiesced in the destruction of their
liberty, and the substitution therfor of a military government; that they
are unfit to be free, and incapable of self government.
The necessity of self-preservation, therefore, now decrees our eternal
political separation.
We, therefore, the delegates with plenary powers of the people of Texas,
in solemn convention assembled, appealing to a candid world for the
necessities of our condition, do hereby resolve and declare, that our
political connection with the Mexican nation has forever ended, and that
the people of Texas do now constitute a free, Sovereign, and independent
republic, and are fully invested with all the rights and attributes which
properly belong to independent nations; and, conscious of the rectitude of
our intentions, we fearlessly and confidently commit the issue to the
decision of the Supreme arbiter of the destinies of nations.
Richard Ellis, President
of the Convention and Delegate
from Red River.
Charles B. Stewart
Tho. Barnett
John S. D. Byrom
Francis Ruis
J. Antonio Navarro
Jesse B. Badgett
Wm D. Lacy
William Menifee
Jn. Fisher
Matthew Caldwell
William Motley
Lorenzo de Zavala
Stephen H. Everett
George W. Smyth
Elijah Stapp
Claiborne West
Wm. B. Scates
M. B. Menard
A. B. Hardin
J. W. Burton
Thos. J. Gazley
R. M. Coleman
Sterling C. Robertson
James Collinsworth
Edwin Waller
Asa Brigham
Geo. C. Childress
Bailey Hardeman
Rob. Potter
Thomas Jefferson Rusk
Chas. S. Taylor
John S. Roberts
Robert Hamilton
Collin McKinney
Albert H. Latimer
James Power
Sam Houston
David Thomas
Edwd. Conrad
Martin Palmer
Edwin O. Legrand
Stephen W. Blount
Jms. Gaines
Wm. Clark, Jr.
Sydney O. Pennington
Wm. Carrol Crawford
Jno. Turner
Benj. Briggs Goodrich
G. W. Barnett
James G. Swisher
Jesse Grimes
S. Rhoads Fisher
John W. Moore
John W. Bower
Saml. A. Maverick (from Bejar)
Sam P. Carson
A. Briscoe
J. B. Woods
H. S. Kimble, Secretary
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