Circular
To the Comisario the Precinctof or the Sub-Committee of said
District:
You are hereby requested to hold an Election in your Precinct,
on the last Saturday and Sunday in December next, for the purpose
of Electing Five Delegates, to meet in Convention in the Town of
San Felipe de Austin, On Monday, the 14th day of January next
The object of this call, will be sufficiently explained by the
accompanying Report of the Committee appointed by a meeting of the
People of this place.
Should the Comisario, from any cause, be unable to hold the
Election, any Member of Your Committee, together with a Citizen, are
competent to hold the Election, The returns to be made as soon
as possible after the Election.
Given under our hands, at the Town of San Felipe de Austin
this 20th day of November, 1832.
At a numerous meeting of Citizens, at San Felipe de Austin,
convened for the purpose of expressing their sentiments in relation to
the then pending execution of Délaney, Mr. Ira Ingram availed
himself of the opportunity, to introduce a Resolution, which led to the
following Report :
Mr. Chairman:—The Committee to whom was referred the resolution
relative to the " expediency, or inexpediency, of calling a Convention of the people
of Austin's Colony, for the purpose of framing a Provisional Code of Criminal
Jurisprudence, and for the further purpose of providing for the correction
of abuses, if any, in Civil proceedings "; having had the subject of reference
under consideration, and having given it all the attention which the short
time allowed for reflection would permit—Report—-that they deem the call of
such a Convention not expedient only, but vitally imporant to the protection
of our dearest rights.
Your Committee have long witnessed, and have long lamented, in common
with their Fellow-Citizens of the Jurisdiction, the tardy and tiresome progress
of criminal proceedings in our Courts—they have witnessed the impunity of
the guilty, and the total want of protection for the innocnt. The laws
which ought to be inforced, if any such there be, are locked up in a
language known to a few only, and, therefore, for all practical purposes,
utterly beyond our reach. The Tribunals, too, whose duty it is to administer
the law, are, if possible, of still more difficult access.
Superadded to these considerations, which, of themselves, must always
weigh heavily with an intelligent and increasing population, we are at
present involved in the uncertainties of the Civil War now raging in the
interior of the country. The excitements and political agitations, always
attendant on belligerent operations, necessarily produce delay in all countries,
and in all times; and operate on us, at the present crises, as a total denial
of the administration of justice.
The accurate observer, on taking a survey of our situation, must pronounce
the decisive opinion, that we are without remedy for wrongs; that we are
without redress for grievances; and that we must remain without them, until
they are provided by the deliberate, and declared will of a majority of the
people, assembled by delegation, in Public Convention.
Your Committee are of opinion, therefore, that such Convention should be
called with as little delay as possible, for the purpose of recommending, or
of framing a Criminal Code for trial and final disposal of those charged with
offences, and with crimes; and for the purpose of adopting such measures as
In their wisdom, may be necessary to carry the system into full, complete,
and immediate operation.
Your Committee would also recommend, that, such Convention institute a
full and thorough investigation of abuses in the administration of justice in
civil proceedings; and that they apply such remedy, or remedies, as may be
necessary to afford relief for past wrongs, and to prevent, if possible, the
occurrence of others hereafter.
And they further recommend, that a call be made by the First and Second
Alcalde, or by either of them, on the Comisarios, or Sub-Committees of each
Precinct throughout the Colony, to hold an election, or cause one to be
held, at as many different places as may be necessary for a full expression
of public sentiment, for the election, of five Delegates from each Precinct, on
the last Saturday and Sunday of December next; to meet in Convention on
Monday, the 14th of January, 1833, in the Town of San Felipe de Austin.
And your Committee recommend also, that a copy of the proceedings of
this meeting, signed by the Chairman and certified by the Secretary, be
circulated to all the Comisarios, or Sub-Committees; and that they be
requested to furnish a copy of the same to every citizen called by them to
hold a poll.
San Felipe, 13th November, 1832.
Ira Ingram, Chairman,
Luke Lesassier.
William H. Jack.
Amendment.—Moved, seconded and carried—that this report was adopted
by the meeting with the amendment that the members of the Ayuntamientos
of the Municipalities of Austin and Brazoria, be considered as members ex
officio of the proposed Convention.