Page:Federal Reporter, 1st Series, Volume 10.djvu/334

 323 FEDERAL REPORTER. �contract, up to and for fhe year 1847, to the government of Texas ;that Mercer is dead long since, and thafc all liis papers and documents, among which wero copies of his correspondance and reports in relation to the Mercer colony, have been lost and destroyed. �In short, the substance of the original bill is establisbed. �There are only two points questioned seriousJy as not yet proved : �(1) Preston's right to act as chief agent and represent the association. �(2) The proof of the settlement of 1,256 familles prier to the expiration ot the grant. �As to the first point it is shown that Hancock was chief agent, in accordance with the articles of association, witb power to substitute ; tbat he died, and in his last will and testament transferred bis shares to Preston and appointed Preston chief agent. It is sbown that Preston assumed the duties of chief agent, and that his assumption bas been approved and ratified by the other shareholders. Any defect of Pres- ton's authority to represent the association bas been cured by ratifi- cation. It is elementary in the lawof ageney that ratification of the acts of an agent amounts to as much and bas the same effect as an original appointment. The proof of the introduction and settlement of 1,256 families is made by Crockett's report. Under the act of February 2, 1850, Crookett was the sworn and bonded officer, and agent of the state to issue patents to such of the settlers of Mercer's colony as were intended to be relieved by the act, Under the law be could only issue certificates to such colonists as proved by their own oaths, supported by the oatbs of two respectable witnesses, that they emigrated to Texas, and became citizens of the Mercer colony prior to Oetober 25, 1848. Crockett's own sworn report shows that 1,256 families made such proof to his satisfaction, and that be issued cer- tificates as required by the law. Now, it was covenanted in the con- tract between the re public and Mercer that all the unlocated lands lying in the limits of this colony grant at the date of the grant should be exclusively set apart and reserved for five years, for the use of Mer- cer and his associates, to be colonized by them under the contract. �The depositions of Pillons and others show that at the date of the contract there were very few, if any, locations within the Mercer col- ony limits. There is no direct evidence to show whether the 1,256 families, proved by Crockett to have settled prior to Oetober 25, 1848, were all, or any of them, introduced by Mercer or the Texas Associa- tion. Nor is there any proof to show the negative. The families were there and settlers. They could only be there lawfully under Mercer and the Texas Association. In the absence of proof, it is a ��� �