AN ORDINANCE.
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Whereas, various contracts have been entered
into by the President Of the Republic Of Texas
with divers individuals. with the expressed inten-
ton Of coonizing an enormous amount Of the
public domain Of Texas: and


Whereas, ii is believed that said contracts are
unconstitutional, and therefore, void from the be-
ginning. and if carried out would operate as a
monopoly Of upwards Of seven millions Of acres of
the public domain Of Texas. in the hands Of a
few ndividuals-when, in truth, the citizens SOL
diers and creditors Of the Republic of Texas had,
by the laws and constitution Of said Republic, a
clear and indsputable previously subsistng right
to locate upon public domain thus attempted 10 be
assigned to said contractors.


Sec. j. Therefore, IL 10 hereby ordained and
declared, Tf;at il shall be the duty Of the Attor-
ney General Of this State, the District Attorney
Of the District in which any portion Of the colo
nies may be situate, soon as the organization of
the State shall be completed, to institute legal
proceedings against all colony contractors who
have entered into contracts with the President Of
Texas; and If, upon such investigation, II shall
be found that any such contract was unconstitn-
tonal, illegal, fraudulent, that the conditions
of the same have not been complied with accord
ing to its TERMS such contracts shall be adJudged
and decreed null and void prorided, however,
that all actual settlers under such contract shall be
entitled to their quantity Of land as coonists-not
to exceed six hundred and forty to the he ad
of family, and three hundred and twenty acres
TO single man. And in all suits brought by. or
against any contractors, any person claiming
under, by or through them, either Of them, IL
shall be lawful for the adverse claimant to set
forth any plea that il would have been competent
for the State TO plead; and the party may intro
duce testimony to prove the claim title to have
been forfeited, well for frauds, illegality, or
unconsttutionaliiy, account Of a failure to
comply with the conditions OF the original grant or
contract; and any such pleas shall be deemed
good and valid in law. in all such suit suits in
this State.


Sec. ,. Be- IL further ordained. That the Legis-
lature is hereby restrained from extending any
contract for settling colony; and from reliev-
ing contractor from the failure Of the condi-
tions or the forfeiture ACQUIRING from non-com-
pliance with the contract


Sec. 3. And be IL further ordained, That this
Ordinance shall he presented to the people for their
adoption or rejection, at the same time that this
Constitution shall be presented to them. and the
returns of the taken this Ordinance, shall
be made 10 the Office Of Secretary OF State Of
the Republic of Texas, nj the same time the votes
for the Constitution may be returned


Adopted in convention. this twenty seventh day
o. August, one Thousand eight hundred and forty
FIVE. THOS. J. RUSK, Presid.RG


]. IL R.YNoSD,


Secretary Of Contention