Telegraph and Texas Register (Houston, Tex.), Vol. 3, No. 1, Ed. 1, Saturday, December 16, 1837

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AGENTS
jMR THE TELEGB&11S.'
Hi the United States Ebwjud fLux, Jtfew
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In 'Was Bah.t,.Cat &-Hoxtxr Washinjfoa-
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La&e creek. Juds;f Usheit,. Tfcxann., " 1ST T-
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All nchertiiementsto hi paid forin advance
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HOUSTON SATURDAY, 5EC 30, 1837.
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Secoxd Congress Seconi Session.
nnrrsR OF REPRESENTATIVES,
Wednesday, Nov. 22, 1857.
The If rise iW3t pursuant to i;lj varnmenN
Mr Rusk presented tire pctithn ofR,D.McClurc claim-inr-re:nmetii
fc provisions furnished Hr tire army;
rafcrre J to th? c mnittcp- or claims an 1 acco nits.
Mr J.ae of Ba'. u, fro .re tl3 cr rcnittee on pri ilexes
nnWsVtio:, muted tint thev had ex -mined the elcc-
fbi retirai lor th3 nuity of R-jfogi , anrl were-of npin-
jn that Mr Po.var hiJ reived a imjvitv of the legil
vote? ' "re-port concurred in, Mr Jones of Braz iria from
ih cf.n nittee to wii n r referred tire imfmishel bu-
siness of last sessbu, reported that tliqy lr.i-1 cxaimnod
Vie sarn3 and fo ui 1 n thi fig" more of importance- to present
t,A i,ti (i mitim .if Air Jjhc3 of Austin, a select
fewmlttcs were appointed t inquire into aid examine a
Jaw pisscl by the legislature of Coirr-iila and Texas,
Tantinn-to,Ifenjirrnn1l. Milam the right of navigating
The rivttr Colorado Messrs Jones of Austin, B iker and
Gizley,werea;ro )iuteJ tire cimnitleo. Mr Gin precn-
ied th peti.ion mid introduced a bill for the relief of Lew-
is B. Jones; bill roaifa first time, and on motion of Mr.
Jine of Awtin, referral to tin ju fictirv committee.
33.1fr R isk presented the petition of Albert E n unci ; re-
ferred to the comnitteo on claims an J account. Mr.
Gizloy l'ntrod.icjl a bill to incorporate the city of Houston-
read a first tim. Me Rusk presentc 1 the pefrtton
oPF. W. Thornton, referred to a seloct committee of
Messrs Power, Rusk and ilfenafee. On motion of Mr
Rusk the joint resolution 1br the .relief of Henry Millard
and others, was taken up on its second reading". Commu-
nications were read from the secretary of state and na-
vy, and the post mister general. On motion of Mr
Branch the rep rt of the secretary of State was referred
to the committee on foreign relations.- On motion of Mr
Gizlcy the report of the post master general was refer-
red to'thc commirtee on post offices and p st roads. On
motion of Mr Thompson so much of the report of the acting-secretary
of the navy as relates to the navy, was re-
ferred to the committee on naval affairs, and so much as
relates to the armv reterreel ti the committee on ro.iuary
affairs. An act creating the county of Fayette was ta-
ken up, read a third time and passed. The ayes and
noes being" called for on the final passage of the biH were,
AYJES, Messrs Biker, Branch, Burleson, Brennan,
Gazlev, Hardeman, Hill, Jones of Austin, Linn, ilene-
fee, jVIcKinne, Pontony Rusk, RowlcttT Sutherland,
Thornton, 1G." -
NOES. Messrs Speaker, Clark, Douglas, Junglish,
Grigsby, Gant, Jones of Brazoria, Jack, Lumpkin, Pie r-
pont, Power, Thompson, 12.
O-t rrmt?-T thn house adjourned to S o7clock,
3 o'clock, r. 2T.
Tha h v.isc met pursuant t adjournment.
'rtThe act organizing the militia was taken up on its third
reading-, an 1 on motion of Mr Baker, referred to the com-
nrttee'on uv.litiry afFiirs. Tlie act to define the bounda-
ries ot the cjunty of Liberty was taken up, and on mo-
tion of Mr Rusk, laid on the table. Oa nution of Mr
R-isklhe orders of the day were so far suspendod, as to
permit the military committee to report. Mr Rusk in
behilfvof said committee reported the militia bill without
mnandments. The further reading of the bill was dis-
pensed with, and the ayes and nods taken on its final pas-
saf'c, ifYES, Messrs Speaker, Branch, Burleson, Baker,
Brennan, Clark, Douglass, English, Grigsby, Hardeman,
Hill, Jones of Brazoria, Jones of Austin, Jack, Linn,
Lumpkin, Pontou, Power, Rusk, Rowlett, Thorn ton,-21.
NOES, Mossrs Gazley, Gant, ifenefee, McKinncy,
Pierpont, Sutherland, Thompson, 1.
A bill to define the boundaries of the county of Liber-
tv was taken up, read a second time, and on motion of Jlfr
Branch ordered to be engrossed for a third reading.
On motion of Mr Thompson the house adjourned to 10
o'slock to-morrow.
tines from paying taxes during" tha present year. Mr
Jones of Austin, Horn the select committee to enquire in-
to the agreement of B. R. Milam reported a copy "of the
act. On motion of Mr Gazley the bill incorporating the
city of ITmston was tiken up; refeired to a select com
mittee ot Messrs Lrizicy, Jack ami Hirdcimn. Mri lr-
leson presentc 1 a bill to define the boundaries of the coun-
ty of Mina, read a first time. On motion of Mr Ponton
the committee on c umty bound iries wore-instructed to
return, to the house the bill defining" tlie boundaries of the
county of. Gonzales, Mr Biker requested the house to
excuse him iroin sernnfon the committee on count'
boundaries, irot granted. An act to define the boundar es
of the comity of Liberty was taken up on its final passage.
Thea)'esand noes being called for were,
AYES, Jfessrs Branch, Burleson, Brennan, Baker,
ClarkT Gazley, Grigsby,, Hardeman, Jones of Austin,
Jack, Linn, Lewis, Menefeo, McKinncy, Pierpont. Pon-
ton,' Power, Rowlett, Sutherland, Thompson, 20.
NOES Messrs Douglass. English, Gant, Lumpkin,-4.
Sa the bill passed.
The joint resolution filing the salary ol Indian commis-
sioners, was read a third time and passed. An act to cre-
ate the county of Fort Bend, was taken up on its second
reading, and ordered to be engrossed for a third reading.
Mr Gazley presented the petition of J. J. Linn with ac-
companying documents, referred to the committee on
claims and accounts. On motion of Mr Douglass the
Inuse adjo.irnod to Z o'clock.
3 o'clock.
The house met pursuant to adjournment.
The tariff bill was taken up on its second reading, and
on motionof Mr Sutherland laid on the table. Me Jones
of Brazoria introduced a bill relating to the post office de
partment, read a first time. On motion of Mr Jones of
Brazoria, the orders ol the day were so far suspended as
to take up a joint resolution authorizing the president to
appoint an agent to purchaso vessels to fit out a navy. Mr
Menefee moved its indefinite postponement. The ayes
and noes being called for were,
AYES, Messi s Baker, Branch, Burleson, Brcnrnn,
Douglass, Grigsbv, Gant, Jones of Brazoria, Jlfenefee,
McKinney, Pierpont, Power, Rowlett, Sutherland,
Thompson, Tarrant, 10.
NOES, Messrs Speaker, Clark, English, Hardeman,
Hill, Jones of Austin, Linn, Lumpkin, Ponton, Rusk,-10.
The resolution indefinitely postponed.
An act to incorporate the Colorado Navigation compa-
nay, was taken up on Its second reading. On motion of
Mr Branch the house went into committee of the whole
on the bill. Mr Jones of Brazoria in the chair; after
some amendments of the bill the committee rose reported
the bill as adopted, and asked to be discharged from the
further consideration ; leave asketl for granted; and on
motion of Mr Branch the bill was ordered to be encrross-
ed for a third reading. On motion of Mr Jones of Brazo
ria, the house adjourned to 10 oclock to-morrow.
Tiiorsdat, Nov. 23, 18S7.
The house met pursuant to adjournment.
Jlfr Sutherland presented the petition of Sim. McCul-
loek; referred to the judiciary committee. Mr Ruk from
the committee on military affairs, reported a resolution re-
lating to persons dishonorably discharged from the army;
he-reported also in favor of the claim of John Brenan.
Mr Jack from the judiciary committee, reportod a bill
to explain and amend the laws relating- to courts of pro-
bate. Mr Thompson asked and obtained leave to present
the'petition of major Legran I with accompanying- vouch-
cri;on motion of Mr 'Thompson referred to a select com-
mittee. Messrs Thompson, R isk and Burleson were ap-
pointed the committee. Mr Jack from the committee on
the judiciary reported unfavorable to the petition of Lew-
is B. Jonc, a free mm of color, which was cincurred in
by the house. Mr Baker from the committee on county
boundaries to whom was referred the petition of the citi-
zens of Washington county, praying for a new county,
reported a bill to create the county of -Montgomery : re-id
a first time. On mofion of Mr Gant the house gave leave
to Lewis B. Jones to withdraw his petition. Mr Jack in-
troduced a bill to create the Brazos insurance company,
read a first time. Mr Douglass by leave of the house in-
troduced a bill to ctablish a bank nt Nacogdoches, to be
styled "the bank of Nacogd ichcs," read a first time. Mr
Jones of Austin introduced a joint resolution to authorize
chief justices of the different counties to grant bank char-
ters; provided, they do not grant more than twelve banks
in'each county.
Mr Baker from the committee on county boundaries re-
ported a bill to define the ooun laries of the county of San
Aumistine; read a first time. Mr Hardeman offered a
joint resolution for the purchasing of stationery for th
general land office; read a first time. Mr Thompson in-
troduced a joint resolution authorizing-the president of the
lenate and speaker of the house of representatives to ad-
journ their respective houses on the 2nd of December
next, to meet at Washington on the Brazoa in May next.
Mr Jones of Austin, introduced a bill to incorporate the
low'ns of Richmond and San Felipe. Mr Burleson intro-
duced a joint resolution to absolve the depopulated coun-
LAWS OF THE REPUBLIC QF TEJAS.
ik
AN ACT
Entitled " an act to reduce into ons act, and to amend
the several acts relating to ths establishment of a
General Land Office"
Sec. 1. Be it enacted by the senate and house
of representatives of the republic of Texas, in con-
gress assembled, That there shall be, and is hereby
established si General Land Office for the Re-
public of Tcxsis, to be located at the seat of gov-
ernment, or at such place as may hereafter be
designated by law, the chief officer of which shall
be called the Commissioner General of the Land
Office, which said officer shall be appointed by the
president by and with the advice and consent of the
senate, shall enter into bond with three or more
securities, payable to the president or his success-
ors in office, in the penalty of fifty thousand dol
lars, conditioned for the faithful performance of
the duties of his office; s;ud bond and securities to
be approved by the president and senate, which
bond shall be filed in the office of the secretary of
state, and shaii hold his office for the term of three
years. Provided, the provisions of this section
shall not affect the present incumbent of that of-
fice, except so far as relates to his giving bond and
security, and holding his office for three years from
the date of his appointment; and the said commis-
sioner of the gcncnil land office shall receive a sal-
stry of-three thousand dollars per annum, payable
quarterly.
Snc. 2. Be it further enacted, That the com-
missioner of the general land office be, and he is
hereby authorized to appoint a chief clerk, which
said clerk shall receive a ssihiry of sixteen hun-
dred dollars per annum, and two assistant clerks,
who shall receive, as a salary, twelve hundred dol-
lars each per annum, payable quarterly.
Sec. 3. Be it further enacted, That the said
chief clerk shsill enter into bond with three or
more securities, to be apap proved "by the commis-
sioner of the general land office, in the sum of
twenty thousand dollars, payable to the president
or his successors in office, conditioned for the faith-
ful performance of the duties of his office, (which
bond shall be deposited in the office of the secre-
tary of state,) who, in csisc of absence of the com-
missioner of the general land office, or his inability
to sittend to the duties thereof, shall perform all
the duties appertaining to said office.
Sec. 4. Be it further enacted, That v.ll offi-j
ccrs sippointed, or to he appointed, under the pro-
visions of this act, shall, before entering upon the
duties of their office, take and- subscribe the fol-
lowing oath, to wit: "I, A E, do solemnly swear,
that I will faithfully discharge the duties of my
office, without favor orpartinlity, so help me God;"
which said oath shall be transmitted to, and filed
in. the office of the sccretstry of stsile-
Sec. 5. Be it further enacted, That the com-
missioner of the general land office shall csiuse to
be provided a seal of office, which sestl shall not be
changed excent by law: and certified copies of
any records, books, or papeus, belonging to said
office, under the signature of the said commission-
er, or chief clerk with the seal of office-thereunto- at
tached, shall he competent evidence In all cases
where the originals could be evidence.
Sec. G. Be it further enacted, Thai the com
missioner of the general land office be entitled to,
and shall keep charge of the seal; and also that
he ber and is hereby entitled to, and shall have
custody and control of all books, records, papers,
and original documents, appertaining to the titles
of lands, heretofore and by the provisions of the
law denominsitcd archives; and that the said books,
records, papers, and original documents shall be
come and he deemed the hooks and papers of said
office.
Sec. 7. Be it further enacted, That all pa
tents issuing from the land office, shall be in the
mime of the republic of lexas, and under the seal
of said office; shall be signed by the president of
the republic, and countersigned by the commission
er of the general land office, or by the chief clerk
thereof.
Sec.w8. Be it further enacted, That no person
appointed to an office instituted by this act, or
employed in any such office, shall directly or nidi
rectly he concerned in the purchase of any right,
title, or interest in any public land, either in his own
name, right, or interest lor any other person, or
in the name or right of any other person, intrust
for himsell; nor shall take or receive any lee or
emolument for negotiating or transacting the bu
siness of said office, other than those fees allowed
by law. Any person offending in the premises
against the prohibitions' of this act, shall, on convic-
tion thereof before the distriet court, be removed
from office, and fined in any sum not less than five
hundred dollars, and shall forfeit all the land he
owns in the republic, and never after be allowed to
hold any office of trust or profit in this republic.
Sec. 9. Be it further enacted, That there
shall bejslected by joint vote of both houses of
congress, for each county, a county surveyor, who
shall reside at the county seat, and whose duty it
shall be to receive and examine all field notes of
surveys, which have been or may hereafter be
made in said county, and upon which patents are
to be obtained, and certify the same under his hand
to the commissioner of the general land office, after
having recorded the same in a book to be kept by
him for that purpose, and shall immediately return
the same to the president of tlie board of land
commissioners for said county. lie shall before
entering upon the duties of his office, enter into
bond with three or more securities, to be approv-
ed by the board of land commissioners of the
county, in the sum of ten thousand dollars, paya
ble to the president or his successors in office, con
ditioned for the faithful -performance of his duties;
which said bond shall be recorded in the clerk's
office of said county, and the original transmitted
to the office of secretary of stsite; and the said
surveyor shall hold his office for three years, and
be reeligible. He shall be entitled to charge on
all field notes and plats presented to him for in
spection, for every set of field notes and plat of a
league and labor of land, five dollais; lor one-third
of a league, four dollars; and for every less quan-
tity, three dollars. His books shall be open at all
times for inspection, and he shall be allowed thirty
seven and a half cents for every search. He shall
appoint sis many deputy suivcyors as he mav deem
necessary for the county; and shall administer to
them the oath of office, and take the bond herein
after prescribed, and shall furnish them such in-
structions as may be furnished to him from time to
time by the commissioners ol tlie general jana
office; and such deputy surveyor, before he enters
upon the duties of his office, shall enter into bond,
with two or more securities, to be approved by
the county surveyor, in the sum of five thousand
dollars, navable to the president or his successors
in office, conditioned for the faithful performance
of the duties of his office; and lor sucii appoint
ment of a deputy surveyor, tlie county surveyor
shsill be allowed to charge and receive, from the
person so appointed, the sum ot hve dollars.
Sec. 10. Be "it further enacted, That it shall
be the duty of each deputy surveyor, to adminis
ter an oath to each individual employed by him as
chain carrier or marker, for the faithful perform-
ance of his duties as such, in accordance with
the instructions given him: and no African, or In-
dian, or descendant of either, or any person under
the age of sixteen years, shall bccmployed in cith
er of the sibove capacities; and further, it shall be
the duty of said surveyors to subscribe the name
of each of the chsiin carriers to his held notes,
previous to returning the same to the county sur
veyor. He shall also state, to tlie nest ol nis Know-
ledge and belief, the number of labors of irrigable
lands, Ihc number off labors of temporal or arable
1 1 nds, and the number of labors of pasture land5?
in esieh ui veyr for tlmt rlsiss of claimants, who ar
entitled' to- land tHidec (Jie constitution aiKi colo-
nization law-, which shall bqKj) lain ly wnttenimt
in the field notes, smd silso-inserted in each patent;,
and for a 1? such surveys he shall charge and re
ceive three dolJaus for each English lineal "miles
actually run.
Sec. 11. Be if firmer enacted, That there-
shall be efeGted by joint vote -of both houses of
congress, a commissioner, who shall be president
of the board, and two associate commissioners, for
eacn and every ,county, who shall compose andi.
constitute a board-of commissioners for their tcs: -peclive
counties,, to be styled a u Board of 'Land-'
Commissioners," whose duty it shall be to inyeati-
gate" a 11 claims on this govern ment"forheadnghfs
to lands-; and they are hereby authorized and re-
quired to grat to any person, or persons, a certi-
ficate of their claim or claims, upon such proof
being made to them, of the party or parties claim-.-ing,
as is herein required, setting forth in said cer-
tificate the simount of land the claimant is enti
tled to,, upon, what conditions, and the time when J
he, she', or they, emigrated to this country. The-
presidents of the boards ofkfnd commissioners shall.
be receivers of public monies, for their respective--
countics, and shall enter into bond with good and
sufficient security, to be approved iy the county
court, or il there be no county court, the board
of land commissioners, in the sum of twenty thous
and dollars, payable to the president of the repub-
lie of Texsis, or his successors in office, and condi-
tioned for the payment of air sums 'which may be
received by him, on account of the public lands, to.
the secretary of the treasury for the use of the re--
public, which bond shall be recorded by the clerk
of the county court, and the original transmitted
to the office of the secretary of state; and for all
public monies which he msiy receive and pay over,,
he shall be allowed to charge and receive two
per cent.
Nec. i Be it Jurther enacted, lhat every
person whoshall claim a title to laud in- this gov-
ernment by virtuejof the colonization laws, or by
residence in the country at the declaration of in-
dependence, shall be required to take and sub-
scribe the following oath: i(,l do solemnly swear,
that I was a residentcitizen of Texas at the date
of the declaration of independence, that I did not
leave the country dunne the campaign
spring of 183G, to avoid a participation in the
struggle, that I did not refuse, to participate in the'
war. and that I did not aid or assist the enemyv
that I have not previously received a title to my-
quantum of hind, and that I conceive myself just-
ly entitled, under the constitution and laws, to the
quantity of land for which I now apply." Thej
shall also be required to prove, by jtwo or more-
good and creditable witnesses, as the commission-'
ers may require, that they were actually citizens
of Texas at the date of the declaration of inde-
pendence, and have continued so to the "present
time; and they shall also be required to proye, in
like manner, whether they were married or single, -at
the time of the declaration of independence,
and what amount of land they were entitled to nn-
der the law. Provided, widows and orphans shall
not be required to take the oath herein prescribed;
and all persons claiming a grant to land of this go-,
vcrnment by inheritance or by purchase, shalli
prove, in the same manner sis above stated in this,
act, widows, orphans, or their legal representativesu
not excepted, that the person whose estate thejr
claim is entitled to a grant to land of this govern
ment, by the laws of the country, or that the per-.,
son of whom they purchased is actually entitled
to said grant to lands of this government; and no
purchaser of a head right shall be entitled tore,
ceivc a grant either as assignee, or in the name
of the original clsiimant, unless proof be also made
lhat the person represented as entitled io the
grant, is actually a resident of the republic at ihe-i
time the application for the grant is made; and
all ordersfor surveys of head rights procured under
the colonization laws previous to the declaration,
of independence, shall be submitted to the exami-
nation of the land commissioners, and the holders
of the same, whether they be original claimants,
their heirs, or assignees, shall be subjected to the
same formalities smd requisitions in procuring said
head rights as pointed out for other.indiyiduais in
this law.
Sec. 13. Be it-further enacted, That am-per-r.
son claimingthe benefits of any particular coloni
zation law of Coahuila and Texas, during their
existence, fixing the prices to be paid for lands
by the colonists, shall prove by at least two res
pectable witnesses, that he, or she, were actually
residents of Texas duringthe time said law was in
force, which proof so made before said board of
land commissioners, shall entitle the claimant to
have his or her land at the price fixed upon by
laid colonization law, which was in force at the
date of said claimant's emigration Jo this country.
Sec. 14. Be if furth-r enacted. That there
shall also be elooted for f'o several coanties, a,
cisih, V j j wm. iu. "i wwim Humes vi cougrea?,
who shall kecrj4n a well lmi.i book to be-kept
by him for thsifrrpirrposp. a correct account of all'
the transaction?" of the hoar? rf Hn-J rornrmsion-
crs, the name of cv ry per -..; in w cm a certifi-
cate shall be given, the sir.ou.it of J nd granted to
each person, the tini- of ilvAv cujigratiosio the

Cruger & Moore. Telegraph and Texas Register (Houston, Tex.), Vol. 3, No. 1, Ed. 1, Saturday, December 16, 1837. Houston, Texas. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth47965/. Accessed December 27, 2014.