"Untitled," Telegraph and Texas Register, June 5, 1839

Summary: Printed the report of a grand jury's conclusions on several issues. They stated that crime was down and dueling was almost non-existent. Most of their remarks concerned free blacks, which they considered a threat to society because of their mischief, proneness to gambling, connections to abolitionists, and the bad influence they had on slaves. Also made a sidenote suggesting the county close down Grocery Houses to cut down on drunkenness.

REPUBLIC OF TEXAS,

County of Harrisburg, A.D. 1839.

TO THE HON. B C. FRANKLIN, PRESIDING JUDGE.

The Grand Jurors empannelled[sic] and sworn to inquire for the body of the county of Harrisburg, at the Spring Term of the District Court, respectfully represent.

That during their session of several weeks, they have endeavored diligently to perform the duties assigned to them. The City of Houston being the seat of government, and the termination of navigation into the interior, is the temporary resort of all sorts of persons, and will probably be found to present an undue number of infractions of the laws, in comparison with the rest of the country. Yet, from a review of all the cases and facts that have come before the Grand Jurors, they are clearly of opinion, that the frequency and aggravation of crime are much diminished, and the moral tone of society greatly improved since the early settlement of the country--that the property and persons of the citizens are as secure in this as in any other well regulated community. To sum up all in a few words, that Texas has taken her position by the side of the most civilized nations, and is keeping up with the bench of improvement and amelioration which distinguishes the present age.

Duelling, which was formerly frequent, and is an evidence of a not well organized state of society, and by some regarded as a necessary evil in any community not perfect, has so fallen into disuse, and is so generally reprobated, that but a single case has come within the knowledge of the Grand Jurors. That was a duel between two Europeans, imperfectly acquainted with our language, ignorant of the spirit of our institutions, and of the tone and requirements of society here.

The Grand Jurors have inquired into the infractions of those wise and salutary enactments which the congress has passed to prevent gambling, and they have made several presentments therefor[sic]. It is unnecessary in this community, to portray the effects of gambling; its destructive and fatal influence upon all that is upright in principle, and upon all the best feelings of the human heart. It is however, a subject of congratulation with the Grand Jurors, that, in their investigation of this subject, they found gambling confined to the lower classes of society; and that persons who wish to be regarded as gentlemen and useful citizens, carefully avoid even being seen near the gambling table. This is now become the resort almost exclusively, of the profligate, the abandoned, and the shameless.

The Grand Jurors have directed their attention to the condition of the free Negroes residing in Harrisburg county, contrary to the provisions of the ordinance passed by the Consultation on this subject, and contrary to the express declaration of the Constitution. After a very careful, patient, and full investigation of facts, they made a presentment to the honorable Court, of those Negroes, who, in violation of the supreme law of this land, are residing within the limits for which your Grand Jury is sworn to make inquest. As a population, they are much worse than useless: in general, they neither perform any productive labor, nor exercise reputable callings. With scarcely an exception, they are addicted to vice and the commission of petty crimes. They are often irresponsible instruments in the hands of white men. But it is chiefly the mischievous influence which the free Negroes exert over our slaves to which the Grand Jurors would invite especial attention. Texas is a slave holding country, and will, the Grand Jurors trust, ever remain such. A family of free Negroes commonly presents the impersonation of indolence, ignorance and dishonesty. Such a family, unless strictly and perpetually watched, and kept at a distance, will render the slaves of the plantations near which they are situated, dissatisfied, disobedient, restless, thievish and corrupt. In the towns where the facilities for dishonesty by slaves are much greater than in the country, the presence of free negroes is felt as a very great evil. In addition to their other vices and petty crimes, the free Negroes being addicted to Gambling, initiate the slaves, who supply the means of pundit by stealing from their masters.

The Grand Jurors are aware that they have not ever alluded to several very important points which suggest themselves in the consideration of this subject. It is now deemed necessary to do so in this community. And in the brief notice they have taken of one or two points, they are fully sustained by facts in the conclusions they have expressed. They would likewise mention, that they have been informed on undoubted authority, that one free Negro at least is in correspondence with the abolitionists of the north, if not an emissary of theirs. This subject too, derives a great addition at this time to its inherent importance from the fact, that one of the states of the Union adjoining this republic, has found the free Negroes so great an evil, that it is expected she will soon expel them from her borders. In that event it may be confidently anticipated that they will attempt to disgorge themselves into Texas--a dark spot on this fair and sunny land. The Grand Jurors in their presentiment of this subject, have acted under a sense of imperative duty.

The Grand Jurors would also present, as a serious injury to the public, the Groceries, or Tippling Shops. With proper exceptions, they are the theatres of occasional brawls, and sources of much damage to the meals and the health of the community. Under our present laws, no penalty is attached to the retail of spiritous liquors without a license. It is believed that the passage of a law by congress, attaching a penalty to this offence, would be productive of much good, by placing the groceries under the permanent supervision of the properly constituted authorities.

In conclusion, the Grand Jury present their respects to his honor, Benjamin C Franklin, the presiding Judge, for the aid he has afforded them in the discharge of their important duties, and for his uniform courtesy and urbanity towards the several members.

The Grand Jurors also wish to bear testimony to the fidelity and impartiality with which the district attorney, A M Tompkins, Esq, has discharged the duties which have devolved on him, to do before them.

Ashbel Smith, Foreman of the Grand Jury,

John Chenowoth, Harman Dackmann,

John Woodruff, Henry F. Fisher,

Joseph A. Parker, Edwin Belden,

James Rutherford, O.T. Tyler,

Wm. M. Burch, Watkin Clay,

James M'Gabey, John S. Black.

Source Copy Consulted: "Untitled," Telegraph and Texas Register, June 5, 1839, p. 1