Telegraph and Texas Register (San Felipe de Austin [i.e. San Felipe], Tex.), Vol. 1, No. 21, Ed. 1, Thursday, March 24, 1836

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NO. 21.
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PUBLISHED WEEKLY, BY
J0S3PZ BAKER & BORDEN3.
TERMS : 5 dollars per annum, to be paid in advance.
Advertisements (to be paid for when handed in,) occu-
j'ing eight lines p.- les-i, one dollar for the first, and fifty
cents, lor each fcubsejuctit insertion. Longer advertise-
ments in the same proportion.
ORDINANCE -r
jlV Organize the Militia of the Repuhlid'of
Texas.
Whereas, the present exigencies of the
country are such as impel iously demand the
immediate organization of the physical
bmttj-tor-ico pi-ompi nml ouur-getlc deioncvj
against a large invading army of merciless
enemies, who are waging a war of exter-
mination against ail ages, sexes and con-
ditions of our population, and whereas, it is
the bounden duty of every man who asks
of the country protection of his person and
properly, to stand forth in such a crisis in
its defence.
Sec. 1. Be if therefore ordained by the
delegates of the people of Texas in con-
vention assembled, and it is hereby ordained
and decreed, by the authority of the same,
That all able bodied males (Indians and
lavgs pv;pj)td) inhabitantsof Texas, over 1 1
the age of seventeen and under the age of
fifty, and who are not herein after exempt-
ed, shall be liable and subject to do militia
duty, provided also, that all those under
and above that age, shall have the privi-
lege of enrolling their names, and subject-
ing themselves to duty.
Sec. 2. Be it further ordained by the
authority aforesaid, That it shall be the duty
of this Convention to appoint one man in
ecch municipality,"district or county, whose
iitfy & 'm'' ,jr w'f'"n ft" "ays nfter the
F-jccptiuri of the notice of his appointment,
"rxcompanied by a copy of this ordinance,
to lake and register -in a book, to be kept
lay him for that purpose, the names of all
those in his district or county, liable to do
duty under the provisions of this act, two
transcript copies 'of the names so taken, to
be made out by him properly certified, one
copy to be sent to the executive, one to the
commander-in-chief of the army, and an-
other to be posted up at the most public
place in the. district or county: provided
that in the district or county of Nacogdo-
ches, their shall be one additional individ-
ual appointed, whose duty it shall be to
make out seperately the names of all na-
tives therein liable to serve, and that then,
when drafted or ordered out, shall be organ-
ized in separate corps.
Sec. 3. Be it further ordained by the au-
thority aforesaid, that the executive author-
ity established by the convention (a' d that
until such authority be established the pre-
sident of this body) shall have power at all
times to order out the militia by draft or
otherwise, for a term to be specified by him
not to exceed at any one time six months,
in case the exigencies cf the coiinty may
require it, provided that not morejthan two
thirds of the militia shall be required to be
in service at any one time, and te militia
when so ordered out shall be (nder the
command and direction of the conmanrier-in-chief
of the army.
Sec. 4. Be it ordained by the jiuthority
aforesaid, That when the services of any
portion of the militia shall be required, the
executive or the president of this body, as
tcie case may be, shall issue his orders and
transmit them to the persons appointed in
each district or county, setting forth the
number of men required froci each, and it
shall be the duty of such person to make
out, on separate slips of paper, the names
of all the persons therein liable to do mili-
tary duty, which names when, so made out
shall be deposited in the maimer hereinaf
ter directed in a hat or box in the presence
ot three disinterested persona who are not
by the provisions of this act liable to do mi
litia duty, and after the s"id niimes shall be
well mixed up, and shaken by each of the
three persons, they shall cause to be drawn,
from the hat or box, one at n time, by a
child under the aire of ten years, the.num-
ber so requireHTorservice.
The names to be placed in a hat or box
in the following manner, lo wit: the names
of all persons who have not been in the
service shall be placed therein, and drawn
befoie the names of those who have served
or are now serving, or shall, during this
campaign, and before any draft enter the
service, and all those who have served for
a shorter period than one month, or may in
the present campaign serve for a shorter
period than one month, shall be first drawn
before those who hate or may in this cam-
paign serve for one month or upwards; pro-
vided no person shall be entitled to any of
the benefits of these exceptions who shall
not, before the day of the draft, of which
five days notice shall be given, furnish sat
isfactory proof, either in writing or by the
testimony of two respectable witnesses, to
the person appointed lo enroll the names, of
his having performed such service; which
names, when so drawn, shall be entered on
a list and certified by the said citizens, and
copies thereof furnished to the executive
and the commander-in-chief of the army.
It shall then be the duty of the persons so
appointed to muster those so drawn out and
registered into the service, on a day to be
specified by him, and at some convenient
place in the district or county, when they
shall proceed to elect suitable officers to
command them, agreeable to the provisions
of the law in existence in relation to the
organization of the army, which officers
shall be commissioned by the executive offi-
cer of the government for the time being.
Sec. 5- Be it ordained by the authority
aforesaid, That every person so drawn or
drafted as aforesaid,, when required tOi
muster into service, shall be and is hcieby
required to prepare himself with a riffe' or
musket, one pound of powder, one pound
of lead, a shot pouch, powder horn, and
knapsack, unless he will swear he is unable
to do so without injury lo his family.
Sec. 6. Be it ordained by the authority
aforesaid, That if any individual, after hav-
ing .been so drawn and notified, shall fail or
refuse to muster into service, either by him-
self or substitute, without a reasonable ex-
cuse to be judged of by three disinterested
persons, to be chosen by the person ap-
pointed to register the names and sworn to
decide the same, he shall be forthwith ar-
rested as a deserter, and tried by a court-
martial, and punished agreeably to the rules
and articles of war of the United States of
America in time of war, and also, on con-
viction thereof before any court' of law
hereafter appointed, having competent ju
risdiction, he shall forfeit one half of his
property to the use of the republic, the oth-
er half shall be vested fully in his wife and
children, or wife or children, if he have any,
and he shall never hold any office of hon
our, tru.st, or profit under the government
be admitted as a witness in court, orvote
for any office.
Sec. 7. Be it ordained by the authority
aforesaid, That when an individual shall be
so drrwn and mustered into service, he
shall not be again required to enter the
service until the others who have not served,
shall be drafted in the same manner as be-
fore provided.
Sec. 8. Be it ordained by the authority
aforesaid, That it shall be the duty of every
individual, moving into a district or county,
within ten days aftyr his arrival therein, to
reportihimsclf to the person so appointed in
such district or county to enroll the names,
and on failure to do so he shall be fined th
sum oftwenty-five dollars, to be collected
by the order of any judicial officer by dis
tress and sale of his -property forthwith,
which fine shall be paid into the treasury
and go to the use of the army. And any
person coming into the district or county,
and remaining there ten days without re-
porting himself for military duty, shall bo
liable to serve before all other persons.
Sec. 9. Be it ordained by the authority
aforesaid, that the persons so appointed to
register the names shall have power to ap-
point one or more under him, not exceeding
five for the purpose of enabling him with the
greater despatch to complete the business,
provided those appointed under him shall
not be thereby exempted from doing militia
duty.
Sec. 10. Be it ordained by the authority
aforesaid, That in case the person so an-.
1 pointed shall fail or refuse to discharge tbes
1

Baker & Bordens. Telegraph and Texas Register (San Felipe de Austin [i.e. San Felipe], Tex.), Vol. 1, No. 21, Ed. 1, Thursday, March 24, 1836. San Felipe de Austin, Texas. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth47891/. Accessed December 26, 2014.