"Decree No. 28," November 2, 1827

Summary: Authorities passed this law to try to cut down on the smuggling of tobacco. Ordered that anyone caught smuggling tobacco would have their crop seized and then be forced to labor on the public works for a certain period of time depending on the amount he tried to smuggle. The higher the quality of tobacco, the more jail time the smuggler received.

The Congress of the State of Coahuila and Texas, desiring, if possible, to put an entire stop so[sic] the smuggling of Tobacco, and to give the rent all the activity and growth of which it is susceptible, has thought proper to decree:

ART. 1. All smuggled Tobacco seized in the State, shall be confiscated, and after its quality is examined, the value thereof shall be distributed according to the confiscating compact, previously deducting the 25 per cent. duty prescribed in favor of the State rent.

ART. 2. The smuggler, for the first offence, besides loosing the Tobacco, shall pay twenty-five dollars fine for every twenty-five pounds seized upon him, and should he not have money to pay the said fine, one month in the public works shall be substituted as a punishment equal to every ten dollars; said corporal punishment, whatever be the quantity of Tobacco smuggled, shall not exceed four years. Should he repeat the offence, he shall be sentenced to a fortress for six years.

ART. 3. Should the Tobacco be of a bad quality, it should be burnt, and the smugglers fined twelve dollars for every twenty-five pounds, in other respects conforming to the preceding article; and the informer shall be requited with twenty-five dollars out of the State funds.

ART. 4. That the articles 2d and 3d be duly and punctually complied with, the judges, whose duty it is according to the existing laws to declare the confiscation, shall previously take the proper steps within the peremptory term of forty-eight hours, whatever be the quality of the smuggled Tobacco, and make the declaration within the said term, conforming to the provision of the articles aforesaid in the application of the punishment, which, whether corporal or pecuniary, shall be executed according to the amount and quality of the Tobacco smuggled.

ART. 5. Judges and officers who shall be unfaithful in the fulfilment of this law, shall be responsible to the provision of article 12 of Decree No. 7, issued on the 27th of August last.

For its fulfilment, the Governor of the State shall cause it to be printed, published, and circulated.

Given in Saltillo the 2d of November, 1827.

JOSE F. MADERO, President,

JOSE I. SANCHES, D.S.

JOSE A. NAVARRO, D.S.

Source Copy Consulted: "Decree No. 28," November 2, 1827, reprinted in H.P.H. Gammel, The Laws of Texas, 1822-1897, 12 vols., (Austin: Gammel Book Co., 1898), 1:194-195. http://texinfo.library.unt.edu/lawsoftexas