Goldsmith v. Herndon

Citations

• 33 Tex. 705

Syllabus

<p>1. A headright certificate which was issued under the joint resolution of May 24, 1838, (Hartley’s Digest, Art. 1895,) to the “ heirs or legal representatives ” of a soldier who fell with Fannin at Goliad, in March, 1836, was not a gratuity or donation to such heirs or legal representai tives, but was assets of the estate of the deceased soldier, and subject to be sold by his administrator for the .payment of his debts.</p> <p>2. The twenty-ninth section of the act of December 14, 1837, (Paschal’s Digest, Art. 4150,) is believed to be only declaratory of the rights secured to citizens by the tenth section of the general provisions of the Constitution of the Republic, and to be a legislative indication of the persons considered citizens within the meaning of that section; and the joint resolution of May 24, 1838, (Hartley’s Digest, Art. 1895,) conferred no additional, rights upon the heirs or legal representatives of those who fell while under the command of or with Fannin, Travis, Grant and Johnson, in the spring of 1836,” but simply recognized preexisting rights and prescribed evidence whieh should be sufficient to establish them. So, also, the act of February II, 1850, (Hartley’s Digest, Art. 2323,) was only a re-aeknowledgment of the pre-exis‘ing rights of those, who fell with the commanders named, and a provision for the issuance of certificates to their heirs.</p> <p>3. In this case judicial cognizance is taken of the historical fact that the First Georgia Battalion was in Texas prior to the adoption of the-Constitution of the Republic.</p>