Telegraph and Texas Register (Houston, Tex.), Vol. 4, No. 25, Ed. 1, Wednesday, January 2, 1839 Page: 2 of 4
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into-for-the probable yearly expense to -.Government -Tlie'amount
now represented may bo increased consider-
ably during1 thenexUerm ot the"District Court. The-amountto-Assessors
of Taxes cannot be correctly estima-
ed, itbeing altogether, contingent
Taxing Jnw"c6hsideratibri some items charged in this
estimate?wM3wnay not 'bo incurred any succeeding
rear! tKinlr that the total nmount as stated: will"not fall
far shorWromMieins- a correct estimate of the annual
civ-
il'jmdjionKKgenPexpenses of the Govemri
, -? r , j t Respectfully,
'32J$L.tr-iS?' Seeo
GovemmDnt
WELSUHMEYER,
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T-Sr'tt " .
.S
Second Auditor.
AN ACT
intitlbU "impact torovide for the protection of the Nor-
j
themand Western Frontier."
Sec-4steUe" it enacted by tne senate ajiawme uj
r&prcsenlativesvf thejepublic of Texas in congress as-
semble That ti "regiment of men be, and the same is
- hereby "created7or the protection of the northern and wes-
'temfrxmtier, which Tegiment shall be composed of eight
i. hundred and forty rank and file, to be divided into fiteen
.companiesnsistrngof fiftysix men each, and that there
, Ihalfbe'attac'hai'io each company, one captain, one first
r "lieutenantrand one'sqc&hd lieutenant ,
' f Sec 2, Be.it further enacted, That the term ofser
l -vice bfsaid"men lhall b'e for three years, unless sooner
" discharged, who shall b6 allowed for their seryices the
surd, of sixteen dollars' per month? and also a bounty of
thtrry"dollarltoi each 'recruit;, to be paid him at the time
ofhisnlistmentafidsuchfurthompensationas may
hereafter3)epro5idedform this bill. .
So 3 K n farther e.ndcted. That the regiment shall
be divi'doi into .eight detachments, arfd'shall be stationed .
k - . r.tif'.'w nSJ?inr.1imlSjifkn"avsix-mcn-atornear I
Eed-Hiver; oneaetachfnfintiorone hundred and sixty
eighfjnch at of-near the Three Forks"of the Trinity; one
detachluenof one hundredand twelve men at or near the
Brazos river;, one detachment of one hundred and twelve-
men atariiear.theColorado river, one detachment offifty-.
six men at of near the river St. Marks; one detachment
of fifty-six men at or near the head waters of the Cibob;
one detachment of -fifty-six men ator near the Rio Frio;
and one detachment oL two hundred and twenty-four men
at or nearthe river Nueces; provided the Eresidentbe and
is hereby authorized to increase tthe force' at the different
, places as may seem Jnosproper.
Sec 4. Beit furthercnacted. That the field officers of
the regiment shall consist of afolonelone lieutenant col-
onel, and a major, who, together with the officers of com-paniesshallbe-appointed
by the1 President, by and with
the advice and consent of the'senate. t
Sec 5. 3eitf-j,rtherenacted, Th'atthe regiment shall
be divided into'two battallions; the detachments west of
ihe Colorado shall constitute the first battallion, and the
detachments east of said Vifershall constitute the second
battallion. s
Sec 6. Bc'itfurtker''evacted, that to each battallion
there shall bo one assistant quarter master to be appoint-
ed by the Colonel; and for the regiment one pay master,
' and two commissaries of purchase, to be appointed by
the President with with the consent of the senate, and the
duties of the commissaries shall be, to" furnish for the use
of the various posts, siich requisitions as may from time
to time be made by the colonel lieutanant colonel, or ma-
jor, as the case may be,
Sec. 7. Beiljurther enacted, That's military road
challbev laid off from, at, or near.-lhe mouth of the Ki-
amishua Red River, to .the -river -Nueces, at the'
intersection of tthe road from Bexar to the Presidio
del teio'Grande'for which purpose in engineer of expe-
rience shall be appointed by;ihePresident,,whosetduty
it shall be, in conjunction with the colonel ofthe regi-
ment thus created, to examine and mark and stake out
said'road over such ground, tand to.be run in,suchman-
nerasthe colonel. and engineer may 'deem most judi-
cious, which road is hereby declared tobe a public high-
way, and shall be sufficiently cleared and bridged to ad-
mit the passage of wagons '4-
Sec. 8. Bi it further enacted,'Th&ttt shall be"the duty
of the colonel to select such positions on the road as will
be best calculated for the erection of forts, except the post
on 'Red River, which post shall be-at'or near the upper
settlements on said river, andfor the defence and protection
of the country, subject at all times -to such intstructions
as they may receive from the President- . r
Sec. 9. Be it farther enatted. That after the positions
for"forts and garrisons shall fie designated, it. shall be the
dutyof thecolonellto cause to be. stationed at. each of
the positions designated in the third.section, the detach-
ment assigned forJhc protection of that particular section
of country, and to ause to be erected such fortifications
as 'may be best calculatedsosproVct anoVdefcnd such sta-'
tion; inallcases, using stone for the purppse when, the
same can be qbtained. , v ' ""'
Sec. 10. Be it futther enacted That after said posi-
tion shall be selected, it Shall be the iluty of the col-
onel to cause threeleagues squSre of land .to be laidofl
around each station. anA to be surveved into Jots of ohe
hundred and sixty acres each, two of which lots of one
hundred and sixty acres shall-be reserved to government, I
for purposes of ;fortificati6n,. farming- &&: one of which jl&
lots oi one nunarea ana sixty acres snail oe granted as
"bounty land to each of the soldiers composing, the regi-
Tirivp rnmnliftfl fflttllfrrllv with thft tPTm nf tliMr oriliQt. Wl
ment.1 and. the remainder inlbtsbf oneliundred and sixty
acres each, shall be given in fee "ample, freef expense
to such able bodied citizens aS shallaetually settle upon
and cultivate the same for the" space of two years' p'rovid'
cd that said land shall not bcliableUo b'e sold orlranfer-
red either by voluntary or forced' salefjbr the terrrfof five
years "next succeeding tho period when the "same was ac-
quired, "h i . ' - ..
SJSec 11. Bext'farther entetcd; That kshallcbo the
duty of the colonel toset apar out of the three hundred,
andtwenty acres heretofore appropriated1 to the uses of
government, a lot'of-ground-tobecultivated by the gar-
rison, in thd proportion of three acres to each soldier,
which grouna shall be,plantetland cultivated' in such
manner as may best .conduce to the support .and susten-
ance of the garrison jdx post .. " J
"Sec 12. Be it farther cfacted?TbntitilmlJbe the du-,
ty of the colonel so. to disposg-ofthoseveral detachments
as that the space .between each station shall Be traversed
twicea day if the same be practicable, by such, number
of men as the commanding officer oTth'e garrison or post
may from time to time designate.
Sec. 13. Bejf farther ehacled-Thai'all -spoil (not-thfc
property ofTcitizens,) cap'turcd frota an Indian enemy, r
shM bo divided by the field officers of the regiment, aqual-"
,ly amongst thencaptors, without regard to rank, and the
property ofcitizens on identification, shall be restored to
the owners.
Sec. 14. Beit farther enacted, That tho troops already
enlisted under an act of the last session of congress, ap-
proved May fifteenth, ono 'thousand eight hundred and
thirty-eight, for ths protection of the frontier, shall be
deemed part of the regiment created by thisct, and shall
be forthwith equipped, and sent to the post on the river
Nueces, which port shall receive its full compliment of
men from those first enlisted in the service..
Sec 15. Be it farther enacted, Thai jt shall be the du-
ty of the colonel of the regiment to cause, at convenient
intervals, the detachment on the Nueces to traverse the
country 'between the Nueces and the Rio Grande in
such manner as shall 'give most protection and security
to that section of the country. .
' Sec 16. -Be it farther enacted. That it shall be thr du-
ty of tho "President, so soon as he shall deem it expedi-
ent, to cause trading houses to- be established at or near
such of the foregoing posts as will best conduce to the
maintaining of amicable relations with the various Indi-
an tribes, under such rules and regulations as he may
prescribe, provided however,- that' this section shall not
jbo so construed as to authorize any person or persons,
trader or traders to vend ardent spirit;, arms or munitions
of war by wholesale or retail at or within ten miles of
such trading houses a, may bo establised under the pro-
visions of this section, except by tho special leave of the
President
Sec 17. Be U farther enacted; That as soon as the offi-
cers herein c rcated have been appointed by the Presi-
dent, with the advice and consent of the senate, it shall
bo the duly of the President to assign to each officer his
separate station, who -shall immediately commence re
cruiting for nis station.
4 Sec. 18. Be it farther enacted, That any one of the
cavalry furnishing his own horse, shall be entitled to
have him appraised by two sworn appraisers, to be ap-
pointed by a field officer of cither battalion, and shall re-
ceive from the government whatever price he may be
appraised at; provided, that such appraisement does not
exceed one hundred and nlty dollars: and heldomcers
are hereby authorized to administer the necessary oath to
the appraisers.
Sec. 19. Be it further enacted, That it is hereby mAde
the dutv of the President to appoint to each post all .such
necessary officers as are not herein provided for, agree
ably to tlie laws now existing on su;n suoject
Sec. 20. Be it farther enacted, That for" the purpose
of carrying into effect' the provisions of this bill, the sum
of three hundred thousand dollars be, and tho same is
hereby .appropriated; and it is hereby made the duty
of the President to cause to be issued forthwith the
promissory notes of the government to that amount and
the amount when so issued, to be placed in the treasury
of the republic, to be drawn on the requisition of the pay-
master, commissaries, or either of them; such requisitions
in all cases, being approved and countersigned by'the
colonel, lieutenant colonel, or major, as the case may be.
Sec 21. Be it further enacted, That the paymaster,
before entering upon the duties of his office, shall here-'
quired to give bond and good personal security for the
faithful performance thereof, in the sum of fifty thousand
dollars; which bond shall be made payable to the Presi-
dent of the Republic of Texas and his successors in of-
fice. . '
Sec 22. Be it farther enacted, That commissaries of
pp?phases who may be appointed under the authorily of
tnis"Jtat, shal, before entering on. the-discharge, oftheir
aury.ive eacn a oona ana gooa peisonai'secuniy m iuc
penal sum of fifty thousand dollars, to be payable to the
President of the Republic and . his successors in office,
conditioned for the faithful performance of the duties as-
signed them.
Sec. 23. Be it farther enacted, That should the three
leagues square of land at each of the posts above referred
to, or any portion of the same be found to be individual
property, then and in that case, it shall be law fill for the
said colonel and engineer to petition the judge of the ju-
dicial district in which such land'may be situated, giving
a description of the lands, with'the names of the propri-
etors if they can be ascertained, and the said judge shall
then cause six disinterested freeholders to be summoned,
who after being duly sworn shall make a report of the
value of the land so required, which taid report with the
proceedings on the same, shall be filed in the office of the
district court in the county in which such trial may be
had, and it shall be the duty of said judge to decree said
lands to be the property of the Rep'Ublic of Texas, and
said judge shall also decree the price of said land so re-
ported, to be paid to the owner or owners of said land
by the Republic of Texas; and a. certified copy of said de-
cree of the judge shall be sufficient to authorize the
party interested to demand and receive the said sum of
money from tho treasury of the republic of Texas, unless
the party, owner of the land so adjudicated, should prefer
receiving a like quantity of land in exchange; in which case
he may make his election to do so, and thereupon shall
be entitled. to a certificate for an equal quantity of land
to be located on any of the vacant lands in the republic:
provided however, that if the owner of the land be an ab-
sentee, thirty days' notice of the day of appointment shall
be given by said judge in the newspapers printed in his
district, or if none are so printed, then in the nearest news-
paper, requiring the owner or owners of said land to ap-
pear,at the place of appointment, if they see proper, but
if the owner be a citizen resident in Texas, then a notice
of the proceedings about fo be had, as well as the time
and place of meeting of the appraisers shall be served on
him personally, or left at his usual place of residence, at
least twenty days before the time of meeting : and provi-
ded also, that the district judge shall in all cases cause
the appraisement to be made "in that county where the
land is situated.
Sec. 24. Be it further enacted. That the President shall
have power to make cavalry of as many of the eight
hundred and forty men herein authorized to be raised as
in his opinion, the public exigencies may demand, and to
distribute them among tho different stations in such man-
ner as he thinks best for the protection of the frontier.
Sec. 25.. Be it farther enacted, That the foregoing act
shall commence and go into operation from and after tho
20th day of December, one thousand eight hundred and
thirty-eight, and not before.
JOHN M. HANSFORD,
Speaker of the house of representatives:
DAVID G. BURNET,
President of the senate:
Approved, December 21st 1838.
MIRABEAU B. LAMAR.
Third CoimrcssFirst Session.
IN
HOUSE OF REPRESENTAMIVES.
December 19, 1838.
House met Prayer by the chaplain. A quorum be-
nresent ' On motion of Mr. Kaufman, the assistant
clerk was excused for not having completed the journals
'of the proceeding day, and the house proceeded to busi-
ness. .$( '
"Mr. Linn' presented the petition of Messrs. League,
Andrews, & co ; Tcfered to the committee on naval affairs.
Mr. roivler from the majority on the vote ol censure
upon Mr. Roberts, surveyor of Refugio county, moved
to.reconsider the vote, the question being put the ayes
and noes were called which stood thus: Ayes Messrs.
Baker, Barnett Bennett Bunton, Butier, Caldwell, Cul
len, Fowler, Grigsby, Hill, Holmes, Jenkins, Johnson of
Liberty, Kerr, ICaufman. Menifee, Muse, Navarro, Od-
ium, Parker, Roman, Shaw, Swift and Van Ness 24.
Noes Messrs, Campbell, Coffee, Cooke, Fisk, Jones,
Johnson of Shelby, ,Ljhn, Payne and Tower 9; so the
motion to reconsider was adopted.
Mr. Van Ness then moved to report the resolution, the
ayes and noes being called stood as follows, to wit Ayes
Messrs 'Baker, Barnett. Bennett Bunton. Camnhell.
Caldwell, Cullen, Fisk, Fowler, Grigsby, Hill, Holmes,
jenKins, jonnson.oi ijioeny, ivauiman, JNavarro, Muse,
Parker, Roman, Shaw, Swift, and Van Ness 23. Noes
Messrs. Butler, Coffee, Cooke, Jones, Johnson of Shel-
by, Linn, Menifee, Payne and Towcr-9, so the resolution
was rejected.
A message was received from tho Senate, informing the
House that the following bill and joint resolution had pas-
sed the Senate.
The bill to incorporate the town of Milam, with amend-
ments. '
Ah act entitled an act to nmend an ordinance entitled
on ordinance, to grant bounty lands to volunteers, had
passed the Senate with amendments
Anlact to incorporate the Barstrop steam-mill compa-
ny, had passed the Senate with amendments
The joint resolution for the relief of Frances Trask,
had been indefinitely postponed.
An act giving to the Executive and Senate tho power
of appointing chief justices of couties.
And also, the joint resolution for the relief of Samuel
B. Marshall, had passed vv ithout amendments.
On motion of Mr. Cullen, the bill entitled an act to re-
peal an act organizing county courts, and defining the pow-
ers and jurisdiction the same. ,
Mr. Kaufman moved to strike out "the above and for-
going act and.insert "this section," which motion was car-
i ed and the bill ordered tb be engrossed for the third read-
The committee on claims and accounts to whom was
refered the petition of Col. W. Melter, made the follow-
ing report, accompanied with a joint resolution in favor of
the petitioner.
1 That committee also, made the following report
The committee on chims and nccounts to whom was
refered the clams of Sylvanus Hatch, ha7e had tho same
under consideration, and after investigat'ng them fully,
arc not disposed to believe them correct lot being attend-
ed with such vouchers as tho case requires, and though he
may have sustained some damagts, we donotfeel author-
ised to grant the claim of the petitioner, aid ask leave to
be discharged from the farther consideration of the same, '
and that thepetitioner be permjtcd to withdraw his par ers;
both of which reports were adopted.
JUr. Baker from the committee on military affairs, to
whom was refered the act for the protection of a portion.
ot the irontier; reported the original bill, with amend-
ments. M
Mr. Cooke then offered the following amendmet to wit.
and that 83000 be appropriated to each of the counties of"
Milam, Bastrop, Gonzales, Bexar, and San Patricio, for
their immediate protection; the question on the adoption
of the amendments being taken was lost, and thcreport
made by the committee adopted.
Mr. Baker moved to suspend the rules of the house,
whereupon the ayes and noes which stood as follows 'to
wit Ayes Messrs. Baker, Barnett, BLnnett, Bunion,
Campbjll, Oullen, Coffee, Fowler, Grigsby, Holmes,
Jenkins, Jones, Johnson of Liberty, Johnson" of Shelby
Kerr, Kaufman, Linn, Muse, Odium, Pae, Parker'
Shaw, Swift, Sweizer, Tower and Van Ne'ss 28. Noes
Messrs. Cooke, Hill and Menifee 3; so the rule was
suspended. The question on the passage of the bill was
taken; whereupon, the ayes and noes were called which
stood.thus: Ayes Messrs. Baker, Barnett, Bennett, Bun-
ton, Butler, Campbell, Coffee, Cullen, Fisk, Fowler,
Grigsby, Hill, Holmes, Jenkins, Jones, Johnson of Lib-
bcrty, Johnson of Shelby, Kaufman, Kerr, Linn, Muse,
Navarro, Odium, Payne, Parker, Shaw, Swcitzer, Swift,
Tower and Van Ness 30. ' Noes Messrs. Menifee,.
Cooke 2; so the bill passed.
On motion, the house adjourned until 3 o'clock, p. m.
3 o'clock, p. m.
House met. A quorum present The house procee d-
ed to business, t
Mr. Hill from the special committee.to whom was r e-
fered the bill entitled an act for the return of lands he! Id ,
by fraudulent titles; 'and also, a bill entitled antact to pro-
tect tigi citizerls'against location of the elejkaguoclairt is
reportedWfolIovvs, to wits' ? rz' Fyv'"
The special committee to whom was refered the bill ei i .
titled an act to provide for the return and disposal of lane Is
held by fraudulent titles; and also, a bUIrelatire to elev-
en league grants, have had the same undr'consideratioi l,
and .have mstrutced me to report, that no doubt remains
in theminds of your committee, relative to thect that
many" extensive and fertile portions of our country ai e-
claimed unde'r grants obtained from the federal Republ ic-
of Mexico, and the state government 'of Coahula ai id.
JCexas, and from the great quantity thus accumulated, or-"'
Maimed, by a few individuals, some of who are notcxti-s
zens oi our rtepuoiic, sucn xanas Temam m a wasici ui m
uncultivatedcondition, and your; committee are,further of
opinion, from best information which they have been at Je
to collect, that many of said, grants have been obtained, by
fraud and collusion, and that many of them have been il-r
legally located, having beent located UDon lands not su b-
jectto theirllocation, andsurved without the authority
ol law, having been surveyed by persons wholly uns u-
thorized and further from of the laws rmiJ er
which said lands were granted. So far as your comrr rit-
tee have been able to procure the same, they are convinc-
ed that many of said grants were conditioned that the-
grantee or claiment should settle or cause to be sett led
and cultivated, each league so granted, and place then -on.
stock &c within a given time. Few, if any, of such
conditions in the opinion of your committee have bi "en
complied with, by persons claiming such grants as afo re-
said, and your committee, from evidence which cannot be
doubted, are further of opinion that there has been obta in-
ed from the government of Coahula and Texas as v ell
as from the government of Mexico, titles or certifici ites
to land purporting to be for .head right claims to ant I in
the names of individuals not by law entitled to the sa me;
and your committee are iurther aware, that the mi con-
veniences relating to our citizens from .the location of mu-
ny of the grants first aforesaid have been from their .su d-
denly and unexpectedly 'having been surveyed, witl 10 ut
the fines having been plainly mai ked, or the proper ct jr-
ners being established as required by law, leaving " t he
same subject to the location of the honest setler witho ut. a
knowledge of tho existance of such former locations ; and
-your committee, holding it as a firstrule that it is not on3y
the duty but also the interestof every republican goi ele-
ment to quiet so lar as practicable, thq land, titles W itl iin
her limits, and secure her citizens and setlers in the j ie ic-
able possession of their homes; arid it is also the opi ni on
ol your committee that by the adoption ol such a co' ur se,
this government would recervej-in exchange for k?Jp - -
sent uncumvaieu plains, covereu.wiui grams uuuuuu x uv
fraudulent and collusive meahs.'.extensivc plantations cul
tivated by the honest ycomanryofthc country, thanw h ich
nothing can be more desirable. Your committee tlie re-
fore recommend the passage'of a bill considered as a p. ut
of this report.
The report being adopted the bill was read and lai d ion
the table among the orders of the day.
On motion of Mr. Swift, two hundred and fifty co-pies
were ordered to be printed. "
On motion of Mr. Kerr, from the committee on en roll-
ed bills, made the following report to wit tho chair. man
of the joint committee of the Senate and. House ofHep-.-resentatives
on enrolled bills, beg leave' to make thefol-
lowing suplamcntary report to wit that said comm ittee
presents his Excellency for his approbation, the following
acts and resolutions v
Seventh November presented joint resolution appropri-
ating money for the protection of the frontier.
Fourteenth.November, presented joint resolution autlho r-
isingthe President to draw funds for transportation,.& .i
Fourteenth Kov., presented joint resolution requiring
the President to grant commissions.
Fourteenth Nov., presented joint resolution legalizing
commissions of military officers.
Fourteenth Nov., presented joint resolution reqirirt ng
the secretary of the treasury to pay $20,000 to the jort ler
of the pay-master.
Sixteenth Nov , presented joint resolution requirin g tie
President to issue SI 00,000 of the promissory not es of
the government.
Seventeenth J Nov., presented an act entitled an act to
authorise the judge of the first judicial district to h-old a
special term &c in the county of San Augustine.
Twenty-third Nov., presented an act making an appro-
priation for the post-ofnee department
Twenty-seventh Nov., presented an act to incorporate
the Matagorda steam mill company.
Twenty-eighth Nov. presented an act to change t he
time of holding the fall term of the district court of Hrtr-
risburg county, and to, amend the thirty-second sectioai of
an act establishing the jurisdiction and power of the dis-
trict courts.
Twenty-eight Nov., presented anact to repeal a cer-
tain act therein namid.
Fourth Dec , presented an act declaring certain children
therein named legitimate.
Fifth Dec, presented joint resolution requiring the-
treasurer to pay certain drafts therein named.
Fourteenth .Dec, presented joint resolution requiring
the secretary-of war to discharge certain soldies therein,
named.
Fourteenth Dec, presented an act appropriating five-
thousand dollars to dtfray the contingent expenses of both
houses of Congress
Fourteenth Dec, presented an act to incorporate the
towns of Beaumont and Jasper.
Fourteenth Dec , presented an act entitled an act a-
mending the judiciaiy laws of the Republic; all of which
is most respectfully submitted by the joint committee
with a request that it be received; whereupon the report
was received and adopted.
Mr. Mit9C from the committee to whom was Tefered the
petition of Col. James Smith, reported by joint resolution;
Which was adopted and read first time. ,
On motion of Mr. Cullen, resolved, that no person bo
allowed to smoko cigars in the representative hall dur-
ing session.
On motion of Mr. Kaufman, the rules of the house re-
quiring the suspension of the rules, requiring a rcsolu-
ton to lay on the table one day, was suspended, where-
upon the ayes noes were tailed. Ayes Messrs Baker,
Bennett Butler, Campbell, Caldwell; Cooke, Cullen,
Fisk, Fowler, Grigsby, Hill, Holmes, Jenkins, Johnson
of Shelby, Johnson of Liberty, Kerr, Kaufman, Linn,
Menifee, Muse, Odium, Payne, Parker, Roman, Shaw,
Swift, and Van Ness 27. Noes Messrs Barnett, Bun-
ton, Jones', Navairo, fsweitzer and Tower 6; so the mo-
tion was carried.
V ' message from thVSenate was received, informing the
( House thauhe joint resolution fbrjbe relief of L.A. Wait
A hH Wn WlRfinMv wwtnoned; - ' 1
On motion of Mr. 'Van Vesj? the'committee on finance
Tmnrtpd'n hill untitled an acfanthoristog andrrenuiring
tlin.Prpsi'dpTit tn neo-ntiatn far .1 loan of one million of
dollars; read a first time, the rules of the house was, sus-
pended and the bill read a second tune.
On motion of Mr. Baker, the eighth section of the bill
was stricken outandon motion the rules was further sus-
pended and the bill read a third time and passed.
On motion of Mr. Kaufman, ''Ihe bill authorising' the
auditor to audit the claims of the'soldiers tinderthe com
mand of Major General Thomas J. Rusk, in the late
campaign against the hostileTVIcxicans and Indians, was
taken up and read a second time. . .
Mr. Bunion moved to suspend tho rules of the house,
which motion warfagreed to. Mr. Menifee then moved
to strike out the whole of section second, on taking the
question, tho ayes and noes were called for, which stood
tnus. Ayes Messrs Baker, Barnett Bennett, Bunion,
Butler, Caldwell,"Cooke. Fisk, Fowler, Grigsby, Hill,
Holmes, Jenkins, Jones, Johnson of Liberty, 'Kerr, Linn,
Menifee, Muse, Navarro, Odium, Payne, Parker, Ro-
man, Shaw, Swift, Swcitzer, and Van Ness 27. . Noes
Messrs. Campbell, Cullen, Johnson of Shelby, ana Kauf-
man 4; so the motion was decided in the affirmative.
The house adjourned until tb-morrow 10 o'clock.
December 20.
House met pursuant to adjournment. Prayer1 by the
chaplain. The journals of the"preceeding day were read
and adopted, and the house proceeded to business.
A message from the President was received through
1 his private secrerary, H. Thompson, Esq y
rne clerk read the same, and on motion, 2000xo,pies
were ordered to be printed.
JAmessagefrom the senate was received,informing the
"Bouse that an act e5tiltedaTTrn!eiltagf-aic4tct; to-pto-
viue ior me sememeni oiaccaseasouucrs estates, etc. had
passed the senate, and that a bill to (establish a mail route
from the city of Houston to San Augustine, had passed
the senate, with an additional section: also, a joint resoluJ
tion lor the relief of certain persons therein named, and,
an actamending an act supplimentary to an act tb reduce
into one"actJ and'fo amend the several acts relative to the
establishment of a generaWahd offiee. i
Also, aiointTesolntiofl to reorganize-the war and navy
departments, had' passed the senatearid requested the con,-,
curence of the-house. ' , ' & , y
. On motion the house adjourned until 3,6 clock, p. m,
f 1 - ' . 3 oVedBK. p.ji.
' House met pursuant to adjournment, and'proceeded to
uu&iuess. t n
, Mr. Cooke, presented the modified rules'andiegalations
of the United States army, which was refered to the com-
mittee on military afiairs, with'fnstructions torepdrtabill
on thosame. ' - 2'
On motion of 'Mr. Payne, 'the hill tojincorporate the
town of Milam, was taken up, and the amendment made
to the same by the senate was roncured in. r
Leave of absence.was granted to Mr. Muse for twelve
days p
The committe on the petitionofBird Lockhart, report-
ed by way of a joint resolution, in favor of the, petitioner;
report adopted and the resolution read first time.
On motion of Mr. Cullen, an act entitled an act perma-
nently locating the seat of government, was'taken up
Mr. Kaufman moved that the house resolve itself into
a committee of the' whole on said bill, motion withdrawn.
On motion of Mr. Bunton, the bill was refered to'a
select committee of seven, composed of Messrs. '"Bunton,
Menifee, Butler, Hill, Roman, Jones, and Cullen.
On motion of Mr. Kaufman, thebill entitled an act re-
quiring the auditor to audit the claims of soldiers under
the command of Major General Thomas J Rusk, against
hostile Mexicans and Indians, was taken up, the amend-
ment offered by Mr. Cooke on the second reading of the
bill was taken up, and withdrawn; whereuponj the bill
passed its final reading.
On motion of Mr. Muse, the joint resolution for the, re-
lief of James Smith.'was taken up, and read second time,
and ordered to be engrossed for a third reading.
Mr. Kerr from the committee on enrolled bills, made
the following report, to wit the joint committee on enrol-
led bills, beg leave to report; that a bill to change a -certain
post route therein named: and, anact entitled an act
UQpr0vide for the protectioa of the northern and western
i irontier: auu ai
I an actio exempt from direct taxation certaiw
citizens ol certain counties: and an act to incorporate the
Neches'steam mill company; and a joint resolution 'for the
relief of Samuel B. Marshall, was this day presented to
His Excellency the President, for his approbation; the re-
port was adopted.
. On motion of Mr. Baker, the bill entitled -an act sup-
plimentary to an act establishing fees of office, was taken
up, and jead second time, andj ordered to be engrossed for
a third reading.
On motion, the business from the senate was taken up.
The bill establishing a mail route from the city of
Houston 'to San Augustine, was read and the additional
section adopted.
Mr. Johnson of Liberty, from the committee on post
offices and post roads, made the following report, to wit
the committee on post offices and post roads .to whom
was refered a resolution instructing them to enquire into
the expediency of establishing a weekly mail between
Texana and San Antonio, beg leave to report a joint re-
solution, which was iread first time.
The resolution requiring the treasurer to lay before the
house certain information therein named, was read and a-
dopted. - .
The joint resolution for the relief of a certain person
therein named, was taken up, and read first time
The act entitled an act to amend an act supplementary
to an act entitled an act, to reduce into one act, and to a-
mend the several acts, relative to the establishment of a
general land office, was read first time.
The joint resolution reorganizing the war and navy de-
partments, was taken up, and read first time.
The bill entitled an act, to amend an act entitled an or-
dinance, granting bounty lands to soldiers; was taken up,
and the amendment made by the senate adopted.
Mr. Cojke introduced a bill entitled an act 'appropri-
ating eighty thousand dollars for the redemption of mili-
tary scrip. - t
An act to incorporate the Bastrop steam milrtdmpany
was taken up, and the additional section and'amendments
concured in.
The joint resolution for the relief of Lee' C. Smith,
was read a second time, and ordered to be engrossed for
a third reading.
Tho act entitled an act authorising the President, by
and with tho advice and consent of the senate, to appoint
the chief justices of counties, was read first time.
Mr. Jenkins introduced a bill, entitled an act regulat-
ing the license ahd practice of attorneys.
Mr rtnl Ion moved to have two hundred and fifty copies
of the same printed, motion lost; a quorum not having
voted, the ayes and noes were caiieu ior wmui '"""
follows, to wit Ayes Messrs. Barnett, Bennett Bunton,
Cooke, Cullen, Fisk, Fowler, Grigsby, Hill, Holmes,
Jenkins, Johnson of Liberty, Johnson of Shelby, Jones,
Kaufman, Luvrence, Navarro, Parker, Sweitzer 19.
TVTnoc TUocc-c r-i M troll. T.inn. Menifee. Payne, Roman,
and Shaw G, so the question was decided in the affirma-
tive. . ,
An act entitled an act, extending donations of land to
emigrants, wes taken up, and all tho amendments made
by the senate to the first section concured in. To the a-
mendments offered to the second section by striking out
tho u'hnlnaertinn. Mr. lfpnifep. movad to disagree, lost
by adjournment
An act defining the places of receipts for land dues,
was taken up and read second time.
An act entitled an act to incorporate the town of Com-
manchee and Waterloo, was read first time.
The house adjourned until 10 o'clock, tomorrow.
Dzcembbr21, 1838.
House met pursuant to adjournment; praytr by tho
chaphin; tho journals of the'prcceeding day' was read
and adopted and'the house prccecded to' business.
Mr. Lawrence appeared pad tendered his excuse for
(his absence, which was acccp td.
On motion of Mr. Caldwell, the orders of tht day was
taken up. j
The substitutee lh6 joint resolution forjhe 'relief "of
John Garrett was adopted
On motion of Mr.k bwif
r
Swift the bill entitle n ..... .--
T . . . uu uU iu
ex-
tcnaqopation lanes wemigrants was taken up.
- xne iormermouon w aisagree to the striking out
the whole of the second! section made by the senate
was taken up, and the question to disagree was decided in
me awnnauvtv - ,
On motion of Mr. Caldwell, a committe'a" of tWo a
appointed to id with such committee as maybe appointed
ohi.the part othe senate to take into consideration the pro-
priety of agreeing to said amendment;" whereupon the
speaker announced Messrs. Menifee, Linn, and, Roman- ;
said committee. . "
The join't.resolution for the relief of CoL William, Pi
Miller, wasjead a se'eon time. u J
j0n.mouon.of Mr. Kaufmantfieords Recording no
law" jWenistrickeq oufand Ihe wordson producing the
proper vouchers mscnea. - C?
Mr(jLinn moved. to suspend the Tales, to put thereso
lu'tion on its final reading, wnich mofo'Sn -was lost, a quo-
nimnofiiavm savored, the rolFwas'ealledf and a duorum
still found not to be prfisesent iKe sergeant at arms was
sent for absent members, and he having returned, and a '
quorum being present-the resolution" was ordered to be
ensTossfid for a third readfniT . .c Y ' i"?je
Mr Payne presented a. bill entitled tarTacHo esjaid.'ff VOJC
the mail ronte from Gams'sFerry oni.thejSabineJa the -hXi
town oaome; wnicn-was reaaa uisiume., -ptgffA.
An act entitled an act to attach a portionoi 'copntry.to . i&j.
tho counties of Houston and Fannin was read n second Wx
time, and relerred,,to special committee; whereupon, the ffj.
speaker appointed Messrs. 'Kaulman, Vajkelr andTCofiee j Ky'
saidconurTmee:, - , - W',P
A message was received froiff the senate'mforrnmg the &
ouse thaajomt' resolution foKjBeelief of Wi Walker'
iL-DOOKEr, nun oeen lnueuniiejypostponeu,- ami.
appointed a committee on the part "of the senate ta mltox
:-.- :a .: .i "r . - ti.: ..i.j'
miu i-uuBiueruuuu me propriety oi agreeing reiauvc w mc
striking out of the second section Of the bill extending do-
nation Inndstnorriiornntsi
.'V
H
The joint resolution for the relief of O De A.,SantajH '
galo was 'read a second, time and ordered to be engrjbssedffSi
for a third reading. ".... -" PStjS2
-39&
Mr. Cook presented the iPSonofA. Schoagjef40ii0
iiivu iu IUC (.uuiumict; UU.VBUUS IMiU 3CCOU1US, , . KS (i sEtHl
ThejoinresolutioiufordeEninV the bouhdanesofffeMl
jjuii jjcuu auu .ausun, counues was reaa a secoa'umo"it', s:-sa
and ordered to be .engrossed for a'third reading. ' I ij, "ft
'Vhfi rnmmittoo tn rvhnm rrrno rnfwo1ftl,A kill eAtttlod I s?lj "J
an act locating permanently the scaVof govcmm'entTJreV $ :
ported by substitute, 'TgBich was'hdoptciL, i Trfl ;
Mr. Cullen moved 'thafthe'billbe engrossed fbra. thirl "
readfngj-which" motiorrwai withdrawn whereupon' f
Mr. Kaufman moved thattnTEouse resplve itself inic-
a committee of the.whoIe-,!and take, intcf consideration lhe-
bill by sections. 'tr til t , ' ""n ?
" . . "- - v s v
Holmes. Jenkins Jonson o'f Lib'ertvi'Kanfmeh'. Lawrence
PaynePaVkaf.'Sweitzefi'.V,' Zl , 'V '
Nbes-rMegsrs. ''Behnett, 'Bunton,' Sutler; 'Bunton,
Campbell, Caldwell Cofiee,' Cullen, 'Tisk, Fowler?Hill
Jones, Johnson 'Jjf Liberty,, Linn TVIenifee Nafafro Od - ,
Ium7 Romanj'Shaw, Roman,' Tower," ana "Van. Nese-SO?
Ho tne motion was lost "(- n jjtsa
On motion of Mr.1, Kaufman,'
rm spetihn hv sw.tinn
On the question, the ayes and nses were called, waiciu ,
stoodthus .- -j v -; , -r. ,--,.. V 'aJMStl
Aves MesSrs .Baker. Barnett- CribE . Gngsbv. fi 5fl
A-message from the"Mn,w;liBMjvcdJnformM.&, : jy
nouse mai we joint resaiuuou i iox mu, juiici wmttugtu -
Anactprohibitingt theimtrodqclioa of free negroes m-SitJ
to this republic; , '! "X" "- Z' 1 K1
A inint rr solntinn fimdinir the nnblic debt x V?1,0 ." ti
An. act .entitled an act fixmge'stanSard'" 'of goli
and silver of this republic; andalso'" , tVfii
A ioint resolutfon.fo'r the nnnishment.of vagrariha-rfij
passed the 'senate, and wished, the conenrrence-of'tae1,
house on the same. - , ' f ''- -U(f&-fe
' The house 'then- resumed the bill to!prmanently3o
-r "- ?- .. - .. I -. .J-r ? 2. I
catetne seat oi government; anaitnecieiK-proceeueaiou
Toon riTT cppunno ' " , t r w -t , ji ic-it
Mr. Kaufman moved to strike outBraMsandrnsertj
Trinity:1 Ayes and noes were called ior,,ancsTOoafinus:'S3ci
i-yes m,Bggr&piutt,ei, ueimeii, vyuucnjL-unrxyi i j&r,- a
eyywiii, ,in)iann ctT.iiuwyajyituimmx..JlWTe
Johnson ofliibertv. Kerrt Linn! Memfeee, Navitto'X
lum.Roman, Shaw, SweitzerTower "and'Tan Nee3
So the nioaon was lost " "l " il r2
Mr. Holmes moved to 'strikeoat btwmea'?l:5.'i;j
west of tbe'Coiorado, and ten "miles' east ef tfee'BnwwJfeJ
iu Bcici-i uuuu me ""! :"r-.rr"""-".'Tsr-:8srs-vi
mmediately pfeceeding the word. "nver,'(;aWi(o. bftlilte $, S
'1L T. l.r.CL.lknk.H.njx At mr mM 1'ftA. tl .-tf
Ayes Messrs. Raker, Holmes; Lawrence. Kayanp, . vH?
- -it LJfiiltJr ' "5151 f- KTi3
Sweitxer, Tower and, Van Ness-r7. t,..n j "' f'l
Messrs
Campbell,
ler.
Johnson
liim. Pavne.
Noes Messrs. Barnett Bennett, Bunton,' rJuUerrt'?-' -J-
Caldwell, .Cofieei Cook, Cullen; '.PifFrja
Ungsby, tUlt, -Jemnnsones, jonnson oiiiioexty,-
' y. . --1 r " -i-- - rl -jt-- . ws-r
)1 Shelby, Jierr, HaUiman, unn, menueeuai-- v5
Parker. Roman. SliawSwrn-WrigMPS'f fz
So the question was decideo, in tnenegarrve. ; r .
'Mr. Menifee moved to strike' oat hjrty-ilegreeeifertkj
'.J '. . ',.. '. ., " .- fi"J3 li-j3'A."t. :
latitude:" and mserunwentv-nme degrees aaasuuny mir? zSto!
' . i . , ,, j4 ji.jr. . j tT.I&fJ'- '
nuies norm lanmue. mueuuiucui-iiuuiiiicu s uysw-'iaa x2i
l a. X t .Y-f . '-vJ-J,
Mr. Lawrence moved .to striKe out pewom.exaB-
The ayes and noes being caneaon inequeKioB, iwm, - 'kM
thus- Ayes Messrsl Baker, .Barnett, Buntonj1Cjwell$ ?'1
uampoeu, oook, risK, ungsoy
Lawrence, JKerr, Lmn, Menifee, J
Cullen,
KaufmanOdium Payne, lRbnxanTShaVSweiSer,''a4 " $fli
er. Wriirk and. vVNeaS19.vTht.mCl!Tr,ddt. V3
AdjouWdM scioVk pLpgw iWg$
The honorable James.Lesterpresenied his ciB&V T ?
as a member tFfiU'th'er'Tacyicj TCcasmaed byheEresig-
untion oi inenonoraDie ivu.ciaou, iuw-.ju .fjv v"
office and tookhhseaWasa'memberHthtftweevife ffl
Mr. Kaufman 'from the coinnuttee.tobraitwrre
i .1 i ?ll I?.IJ ..ii.'.u.A J.HMi AfVMiillVfU 1
ierrea ine dux ennuea aaaww wwtu aMWMjrop -v
try to to me couuura ui xjuuuuu mm x ouussj'g
oriirinal bill without amendment .Reiwrtadopi
il ii .C tl om4ah "nrtrl L'nnnm t
,r- .
The 3rd, 4th, 5th, 6th, rtnu,8th .SlOtItC
13th and 14th s
nnv nmendment
lW,TTnfman nfTorpfl the followinD"
to wit , ;T -lS "re
Beit further enacted, thaijt 'shall be the'duty ofthB
.t ! .... m Miln.f tnrr pdiIos -.,, i.At InTin nnfl Mlflt
oKtinna wprp TPan nnn tisdwhi v
whereuponT Z&,tf'S&:&$
"mitMnm&Mwt
conmussioueia m a"c-i suks, i ,:, uu -. - .
of the Brazos; and it shall bemadea.questioniit-the BCwjifv afi
general eieci'ou, wuitu ui mo inujii. uwu i uio iv. T-
manent seat of government Those m fevoronhjeS
tern location, shall write on their tickets "westoL-Bra
zos," and those in. lavor ol the eastern sccnon--snai
write on their ticlcets "east of the Brazos." Theqnestioi
being put, the ayes and noes were .called; which stoof
thus: Ayes rMessrs Bennett, Coffee, Grigsby, Johnsot
of Liberty, Kaufman, Lawrence, Payne, Parker, Swii
9. Noes. Messrs. Barnett Bunton, Butler, Camp-
bell, Caldwell, Cook, Cullcn,Fisk, Fowler. HiH, Holme
Jenkins, Jones, Johnson of L. Kerr, Lester, Linn.'Men-
fee, Odium. Roman, Shaw, Sweitzer, Tower and Vm
Ness 24. So the amendment was lost
Mr. Jenkins moved to read the 17th section.
The speaker declared the motion to be out ttf order,
read a section, and open it for amendments after the b
had been read through by sections; from which de-i3"
ion Mr. Jenkies appealed.
The question on. the appeal being taken, the' ny ond
noes were called for, which stood thus " tm
Ayesr-Messrs Baker, Barnett, Cook, Fisk. Grigsby,
Hill, Holmes, Jenkins, Johnson of Liberty, Xaufman
Lawrence, Linn, Menifee, Parker, Roman, md Swift.
19. Noes Messrs. Barnett, Butler, Canybell, Cald
well, Coffee, Cullen, Fowler, Jones, Johnsor of S, Kerr,
Lester, Odium, Payne, Shaw, Sweitzer, Tcwer and Van
&
u v.
y.
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Cruger & Moore. Telegraph and Texas Register (Houston, Tex.), Vol. 4, No. 25, Ed. 1, Wednesday, January 2, 1839, newspaper, January 2, 1839; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth48031/m1/2/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.