The Texas Democrat (Austin, Tex.), Vol. 1, No. 26, Ed. 1, Wednesday, July 1, 1846 Page: 1 of 4
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JS:'FOED &.JL CROmGAN
PUBLIC? PRINTERS. -
TEIOIS OF ADVERTISING.
j For each sqbareof ten lines o under, firstjnsCr-
tionr onc-uouar. i;or eacu subsequent insertion,
fifty-ceng. A deduction of fifty per cent. Will be
madeupoax&arlyiidv'ertiseracnts, with theprivilego
orenewrng'the same quarterly.
Alihotfrtccmeril ofcandidatesfor office five'dollars.
(DnFAdverlisoments out of the county, must be
v TERMS Four Dollars.por annnnf, in advance
Six Dollars at the end of the year. No subscription
deceived for less than six months. , " -
paid for in advance.
YOLME I.
AUSTIN1, TEXAS, WEDEESMI, JULY 1, 18-16.
KB3IBEKS6.
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- . LAWS
. PASSED 3Y THE W1RST EEGTSL ATTIRE OF THE
."- " " kl -"- STATE OEjtTEXAS.
, ;Jk- iit- ' lNACT
FTo WmfectT Galston Island, with the main land
I , A at Yirginia Point.' -
fi Section JL. Bcitennctcd by the Legislature of
ti&fjState Texas, That the county of Galveston be,
.andis hereby authorized to constructVpublic high-
v ' waybr bridge from Galveston Island to the main
tand&t Yirginia Point, at such place as may be
L.ftn cT Qiio.;hio- p thnttliPrAchnll i,
efected on such "bridge or highway, a ''draw-bridge
vertfie channel of the bay so as to admit the free
nassase and repassage of all vessels-engaged in the
'avtationof-thfiay-w-Ithoutihargeor-lolf : Pvo-
ZefUhataid bridge or causeway shall not inju-
fficmslympede tlie navigation of Galveston Bay.
,. " HSkc. 2.' Be it further, -enacted, , That said
'"Iconty may from lim'gtd time establish toll: Pro-
vided, the xatesshall rieverexceed for a road wagon
two dollars.- for ajtwo hotse wagon one dollar ; for
a oxiarConeidollar for a one horse cart or wagon
"seventy-five cents-; for a two horse pleasure car-Tiao-e
two dollars fora.one horse pleasure carriage
. ohe&oUaf; for a. horse and Tfde"r-fifty cents; for
rrpwu'horses.or cattle twenty-five cents.per head ;
Jh"r sheeu or hoffs -per -head six cents-; and for all
C "ot)tpassetigerstwenty-fiv& cents-, and for'ajl arti-
-clesnot herein enumerated ".at equivalent rates to
' Xb.bse herein specified:
Sc 3. Be it farther enacted, That for the
purpose o,f;enfis.ting individual capital and enter-
" prise in the constructionof said bridge or highway.
. tu,e.cQuncy moBBsaiu ih uereuy.auLiioriiieu iu give,
rrrnr rir heslnwnnv natt or
portion ot tne tolls
i varising-therefromio individuals, who shall be hound
o'eep said Bridge -OTjiighvyin good repair.
S'"" - c j . '.
, - Sec. 4. Be-Hfurlheriyacied, That there shall
beftept in constant attendance at the draw "bridge
Af -- and toll sate of fiaid highway or bridge, a sufficient
kt-AT . - ....T4ri. nf nnrenne in nrimil' lnrpmnnrcp nvr nnT ni
C. - ' XIUlllUCl Jl UilOWU IVJ.Ui.iJ.Jlw vw.ww JJ V.U., ..
j" ' nihrana tne parties unueruuung ine same,, snan
' """sb'esribjeef.to a fine of five dollars for every case of
SHetention caused by Jiis-or their ueglisfence or inat-
tentionfto be paid to the treasurer ot the county and
damages caiised to the party detained recoverable
r . .before any judge or' justice 'of the ,peace of .said
- county. '-
, jt -Sec. 51 Be i further enacted, That'the chief
I justice and" associate justices of said county, or
whosoever .may hereafter execute their present
functions be, and are" hereby vested, with full
- jpo wer tcarryvthis act into effect.
iroved,lSth April, A. D. 1S46.
-..an Afrr -
'TestablisLTrieSeaf of ifuslice of Limestone,
County.
Section- 1. Be it enacted by the Legislature of
theStateoY T&as, That until otherwise" provided
"bylaw; the seat of justice of L-imestone"tounty
srfafrbe at Springfield and all courts -for said
clvunty shall be heldthereat: and thafthis act take
effect and beia'forcelfromand after its passage.
Approve3', ISth April, A. D. 1S46.
" . -
" ' - ""AN ACT , -rT-
.. Authorizing? the Governor to offer a Teward for
- Section- 1. Be il&facted by the Legislature of
iiie Slate of TcxtfX-That jfiany person charged
jml&gor convicted, ot treason, raurder5.or other
"capital-enraes, shalUb.reakprison, escape, -or flee
from instice,.and abscond or secrete himself, that
in such cages jtshall belawful for the Governor, if
He shall juagesjrnecessary, io ouef any luwam uui
ex'ceed'uiff fivjehundred dollars; for apprehending
Z "' and "deli verinjl&such person or persons into the
custodyof snclrt.iailej.as.he may direct.
SECr2. Bi7r27ccacThatthe'personor
persons. so apprehending and delivering any such
person as aforesaid, and producing the jailer's re
"ceiptibr the body of such person., duly authenticat-
ed.befbre'sdme notar3f public or chi'ef justice, that
4? such person or persons are entitled to the reward,
the "comptroller of public accounts shall issue' his
varraht on- the treasurer of this State for the
'amount thereof.
' Sec 3. Be it further unacted, That this act
be irr force from its passage. i..-
Approved, ISth April", A. D. 1S4Q. .
' & T-5 -
"t . 'AN ACT . .
To-cstablish the Seat-of Justice of 'Dallas County.
Section J. Be it enacted by ihjjgBegislatiire of
- the Stateof Texas, 'That ft mil otherwise provided
-hylaw; thetown of Dallas shall be the seat;of jus
tice tor Ijalias .county, ana amiie courts ion sum
-ftzmfy shall be held thereat.
. Sec 2. Be it further eiiacted, That. this act
shall'be in force from and after its passage.
Approved, 18th April, A. D. 1S46. " -
- ANT ACT
- Defining the-limits of .Nacogdoches County.
SlbcTiolf 1. Be it enacted by the legislature of
tlte State of Texas, .That irom and alter tiie pas
sage of this.act, thelollowingdescribed'boundaries,
io wit: Commencing on the south-east corner of
JJ.usk county, In the Attoyac Kiver ; thence, down
said fiver, with its meanders, to its junction with
ihe. Angelina River; thence, up the said Angelina
River, -with its meanders, to'the southern boundary
iineof Susie county; thence, east, with "the said
line,.to the placSof .beginning, shall be known aiid
. are-hereby constituledis the limits-and boundary
lines of-the county of iSacogdbciies.
,-Sec. 2. Be it further enacted, That this act
shallitake effect from and after its passage.
'Approved, ISth April; A. D. 1S46. . , .
- AN ACT ' .
-To organize the Militia of the State of Texas.
Seption l.-e it enacted by ihe Legislature of
AhcStdteof Texas,, mat every able bodied tree
male inhabitant of this. State, between the ages of
eighteen and forty-fiveyears, shall be liable to-per:
form military duty, except a& herein provided- but
no"person shall be called upon to perform military
duty who shall notajthetime fiave Resided at least
vone4inonth in the State and -ten' days. Within the
bounds of the company to which he belongs, except
hi cases or actual or threatened invasion, in which
case he shall perform such duty as may be required
of other persons, arib shall be subject to like fines
and penalties.
. Sec. 2.Z?e it-further enacted, That judges of
the Supreme, District.and Probate Courts, Secreta-
ry of State, Auditor, Treasurer and Comptroller of
the State, clerks of the Supreme and District j
.Courts, justices of the peace, and post masters who
have the care of the mails of the United States,
'post riders, public millers. -ferrymen on-public roads,
teacners ana proiessors m acauemies, mum uc ca-
emPt rom military duty, except in cases of immi-;
nent danger, insurrection or invasion
Sec. 3. Be.it further enacted, That the anil ilia
I of tlieStntestiaUbe divided into.'and compose five
divisions. The first division to be composed of the .'
counties of Fannin, Lamarf'Red River and Bowie;
the second o"ivision shall be composed of the coun-
ties of-Harrison, Shelby, San Augustine, .Nacog
doehes, Rusk, Houston and Sabine; the thiid
division shall be-composedof the counties pf Jasper
Jefferson, Liberty. Gal v.eston, Harris, Montgomery,
Robertson.and Brazos ; the fourth division of. the
counties of Brazoria. Fort Bend, Austin, "Washing-
ton, Blilam, Travis, BastroprFayelle, Colorado and
Matagorda.; the fifih. division, shall be composed
of the counties of" Jackson, Victoria, Gonzalfis,,
Bexar, 'Goliad. Refugio and San Patricio-; and each
divisld shall consist of two brigades Thefjrst
brigade in the first division shall consist of the
counties of Fannin and Lamar, and the second
brigade in the.first division pf the counties of J&ed
River and.Bowie ; and the first brigade in the second
division of the counties. of Harrison. Shelbv. San
Augusiine1 and .Sabine, and. the second of the
T.conntfes of Rusk, Nacogdoches and Honslon; and
f the first Brigade in the third division of the counties
oi Jasper. Jefferson, liberty and Galveston, and the
second brigade of the counties of Harris, Mont;
gomery, Robertson and 'Brnzos ; aifd the first-
brigade in
thefourth division jof the counties ot
Brazoria, Fort Bend, AusliiWashington and lli-
lam, and thesecotfd of the cofrhtiesof ,Tiavis, Bas-
trop, Fayette, Colorado and iMatagorda ; and 'the
first brigade in the fifth divisionof- the counties of
Uacksonj Victoria and Gonzales-; and-the" second
ui me counties oi liexar, jrouauf xxeiugio ana ohu
Patricio; each of which shall be' coliimanded by a
Brigadier General. -, , , : "" - .. ' ' '
VSec 4. Be it further enacted, That the militin
of each county, when the number of persons there-
in subject to military duly shall be'sufficientto con-
stitute two battalions.as hereinafter provide'd, shall
constitute one regii5rent'biit-when"the number of
militia men in anyouniyisjiaiunot-De suiucieni io
.coijsuuiisiiwo UQuauuus; inn mmu oi auuu uuuuiv"
shall constitute a separates-battalion to be formed
into independent companies, as may ne louna most
convenient, andwhen-the number in any count'
shall exceed the whole number hereinafter required
to constituteTifuU regiment exclusive of any inde-
pendent companies which may be raised in such
county, thesame may be divided into two regiments..
oy tne rsngauier vxeucrai uuiijiuuuuijjg me uiiguuu,
to which sucbcounty may belotigginuch manner
as-he-shall direct; each bhuationenWconsilt of not
more than'four nor less than two companies and
each company of-not mofe than one hundred nor
less than thirty-two non-commissioned-omcers and
privates, and the'regiments and ba'ttalions shgl! be
ji umbered by the commauder-in-cliief and, arranged
in numerical order.
a. V
Snc-5. Be it further enacted, That all commis-
sioned officers shall rank according to theirgrades,
and thedale of 'their commissions;, but when offi-
cers of the same grade are elected or appointed on
the same day, adifference in the date of tneir com
mission shall not determine tneir rani
the raillvOt
ll E.r C154.,mtTt.1 nffirto'rK nC fliio Qtnfo linJn rS--.f I
miHicuciuu. gcm,iuiuUi,Cio w lUMwiuu-uuiiiitui,
.thesame grade,-aifdwho are elected or -appointed j
on thesame day, under the provisions m tnis acr, ,
forthagovernmentandorgamzaimnof the militia
of this ate, shall be defermine by lot to-be drawn
by -the Adjutant General m the presence; of-the
Governor and Secretary of State, which duty he is
required to perform as soon.as practicable, and lm-
mediately thereafter to transmU to .each officer so
drawn, the result of such drawing; and it shall be
the dutyot the Adjutaot General to ma Ire an entry
in a book kept by him for that purpose, of the .grade
and rank of each officer, whose rank is determined
ic cn-iorifirrl Tn lllic nTf
o v -n -, r li -Vmw.i .. tary" department of this State, shal
Sec 6. Be it further enacted, That the ranjek hfiljall have fiv organized
ot capiaiiis anu truuiiueni uuicuis which may Here-
after be elected on -the same day, belonging to' the
same regiment,hall be determined by lot drawn in
presence -of the colonel commandant.; and the
Adjutant shall make a record of the. grade and rank
hof each officer whose rank is- so determined, and
each regiment shall becommandedby one Colonel,
and each separate batfajion. and'the first battalion
in each regiment by a Lieutenant Colonel ; the se-
cond battalion in each regiment by one Major ; ench
'company by one captain, one first and one second
Lieutenant, and such non-commissioned officers as
are usually appointed to. companies intheservfpe of.
the United Slates. Ihe Major Generals shall each
appoint" his aid-de-camp, and the Governor shall
appoint one aid-de camp in each Major General's
division, with the ranjc of Colonel of cavalry? the
iBrigadier Generals each his aid de-camp and
brigade major ; the -commanding officer of each
regiment and separate bajtalion his .pay master,
judge advocate, adjutant quarter master, sergeant
major and fife major, and the Captains their drum-
mers and fifers.
Snc X- Be k further eflacted,'Thot the Major
and Brigadier Generals of ihe State-shall be allowed
to appoint in addition to the staff allowed them by
this act, such other additional staffs as are allowed
Jo officers of a like grade in the army of the United
diatcs.
Sec S. Be it further enacted, That the staffs
of; the Major Generals shall rank as Colonejs.of in-
fantry; the staffs of the Brigadier Generals as Ma-
jors.of cavalry, and the stalls of .Colonels com-
mandant shall rank as Captains of infantry, and
the said officers when called into actual service,
either by authority of tins Stale or the-United
States, shall be -entitled to the same pay'ahd emol-
uments as officeis of the like grade belonging to
rthe umtea estates army
Sec 9. Be it further enacted, That the militia
of this State, on the election of civil officers next,
at the usual places of holding elections in the sev-
eral counties, shall elect one Major m General for
each-division, and one Brigadier General for each
brigade, as contemplated by this act, which election
shall be held by the same judges, conducted inJike
manner, and returns-lhereof be made in the same
way as the election of civil officers are required. by
law to be held, conducted arid leturned, and said
returns shall be made to the Governor within thirty
dajs after the election.
See. 10. Be it further enacted, That it shall
be the duty of each Brigadier General so sbon as
he may be elected and commissistfed Ify the Gov-
ernor, under the provisions of this act, to proceed
without delay. to. divide his brigade into regiments
and battalions, or separate and independent battal-
ions as the case may be, and said division shall be
made as nearly equal andequitable aspracticable.and
it shall be the duty of the said Brigadier Generals to
proceed -to order or cause elections to beholden
throughout their respeptive commands for Colonels
commandant, Lieutenant Colonels and Majors for
each regiment or separate battalion, whichjelpction
shall be held according unlaw, and returns made
thereof to the Governor, who "shall commission
said Colonels Lieutenant Colonels -and Majors-as
the casa may be ; and said Colonels, Lieutenant
Colonels and Majors shallj after "receiving their
respective commissions as herein contemplated,
cause their. respective regiments or battalions to be
divided into companies as nearly equal as practicable
and cause electious to be holden m each company
beat for- Captain, one first Lieutenant and one
second Lieutenant for each company, and- such
other officers as are allowed bv law in the" United
States service giving at least fifteen days notice of
such election, which election shall beheld according
to law regulating elections for civil officers, and the
returns thereof he ma'de to the Colonel commandant
or the Lieutenant Colonels commandant of each
separate battalion, as the case maybe, within ten
days thereafter, whose duty it shall be to keep said
election relums,.and-within five days theieafter to
I . , ' - . . i .- i
make out an abstract ot said election Teiuins uuaer
his hand and seal. andMransmit the same to the
I Governor by majl. whose 'duty it shall be to com
- -.-, -, -
mission all persons elected as aioresaiu : anu ine
.- ,, -j?
.lerniof-service of all officers elected under the
provisions of this act,shall be for four yeais'or
until the 'day of general election of members of
the Legislature in 1S5H: Pfovidfd, "that all officers
so electedshall hold their" offices until their suc-
cessors are duly elected-and commissioned.
- Sec 11. Beilfiirther -emoted. That it shall
be the duty of the Governor to issue his- proclama-
tion requiring elections'to be hplden in each division,
brigade, regiment, battalion and company througli-
ourtheState for all officerscohtemplated by this
act to be elected on the day set apart by law for
the election of members of the State Legislature, in
the jsear 1S50, which elections shall belield at the
samerplaces, conducted in the same jnanner ana
returfieoyh thesame wayas elections for civil olli-
cers'to theGovernor of the State, who shall com;
mission the same. AIL elections to fill vacancies
shall beheld as follows: For the election to fill a
vacancy in the office of Major General, the Gover-
nor shall issue his order giving sixty days notice,
which election shall beheld at the usual places of
holding elections for civil officers in each and every
county composing the division in which suqIi
vacancy may occur, and such election shalL beheld
Land conducted in thesame manner as herein before
provid.ed ; and to fill a vacancy in the office, of
Brigadier General, the Major General shall issue
his,order, giving forty days notice ; to fill a vacan-
,r ;., iU nrKnn r Pnlnnnl f o ronimpnf'nr T.ion- ! .
- . .. . , . . 111
tenant Colonel commanding a separate battalion,
Tjo-adier General shall issue his order,-giving
lh-rt d nolice . t0 fill a vacancv in the office of
Lieutenant Colonel or Majpr of a, battalion, the
CooJiel-j shalI sne his ordeFj ffivillg tcn (Ulvs
uolice-. aJlu t0 fin a vacancy in the office of first 'or
"5ec0fld.Lieu tenant, the Captain shall issue his order,
no-five days notice thereof: and in all cases
wheiAlections shall beholden to fill vacancies, the
jndjviduai so eeGCcti sla hdld-his" office for the
unexpjred term of such office only.
Scc 12. Beit further enacted, That no person
who shall be elected and commissioned-in the mili-
shall resign thesame
the militia under
his command and shall have, made-full returns
thereof of the number of effective men under his
command, tohis superior officer, under thetollowing
penalties : If he be a Major Genar-a-1, in the sum of
one hundred dollais; if Ja Brigadier General, in
the sum of seventy-five dollars; if a Colonel of a
regiment or a Lieutemfnt Colonel of a sepaiate
battalion, in the sum of fifty dollais; if a Lieuten
ant Colonel or Major of a battalion, in the sum of
forty dollars ; it a Captain, in the sum ot thirty j-declaied that the person contesting shall in all ca
dollars: if a first or second Lieutenant, in the sum lSes be bound to furnish satisfactory proof to the
of twenty dollars; io be recovered and appropriated (court that the person whose election is contested
as other fines and penalties aie by this act ditected. ! aid receive a number ol illegal votes, which if de
Sec. 13- Be it furthir enacted, That in all j ducted, would give a majority to the person contest-
cases where the militia in any of the military di-' ujg, and if the contesting person shall fail to estab-
visions of this State shall fail to elect such officers li&Ti his charge, ot if- the charge shall be sufficient-
I as they are required to by law, such division shall be
attach'ed to and form a part of some other division
which shall have the requisite officers, and shall be
snbiect to ncrform all military duty by this act re
quired, under the command of the officers of the
division to which they may ue auacneu : h me
delinquency or failure shall occur in a company
division the militia of such division shall be at-
t.iplinfl in ilm liex-tadmining company in the same
battalion: if any company ot the battalion to J as aforesaiil and be directedand sent to the Colonel
which such division belongs shall have thc-requf- jof the regiment or Lieutenant Colonel of the sepa-
site ofliceis. by order of the Lieutenant Colonel or (rate battalion and by him to the Governor, who
Major of such battalion, and "if there shall be no j shall issue commissions in either of the above ea-
company in the uaiiaiiou, jnj;ijijuu auu omceruu
as required by this act, the militia of each compa-
ny of such-battalion shall be attached to the most
convenient company of live regiment which shall
bejbund to have the requisite officers,, by an older
of'thc Colonel of such icgjment; and if any
regiment or sepaiafe battalion shall be found unor-
ganized and without the-requisite ofliceis, the mi-
litia of such regiment of separate battalion shall
he attached to the most convenientrpgiment or
separate battalion in the brigade which shall be
found to have the officers and organization required-by
law,.by an older of the Brigadier General
of the brigade to which such regiment or battalion
may belong. If any brigade shall be found unor-
ganized and without the requisite officers to com-
mand the same, the militia of such brigade shall be
attached to the most convenient brigade'in the di-
vision to which such brigade shall belong, which
shall be found to have Iheofficersjequired by law,
by order ofjbe Major General .of such division ;
and in all calses when the militia of any division
shall be attached to any other division as herein
before provided, the militia so attached shall be
commanded by the officers of the division to which
they shall be attached, and shall be ifable to the
same duty and subject to the same fines and penal-
ties as if they .had previously belonged to such di-
vision : and the militia of any division attached to
another division as aforesaid shall remain subject
to. such command until they shall be admitted by j of his division, brigade, regiment, separate battal-
an order of their superior officer to whose com- ( j0n, or company, or offer himself a candidate for
mand they may be attached, to elect the requisite ' any other military appointment, or shall be absent
officers to command such division, and.shall have
reporfed to himWhat they have all the- requisite
officers fbr the command of their separate divisons
duly elected and commissioned ; after which the
command of the oliicers of the division to which
they shall have been attached, shall cease and shall
devolve on the officers of the division elected and
commissioned as aforesaid, and if any division shall
be found a second time unorganized and without
officers as icquired by this act. they shall in like
manner be again attached to some division having
the requisite ofliceis and organization, and shall be
debarred the privilege of again separating from the
division and command to which they shall be at
tached, and s''all permanently compose a part of
said command ; any thing in this act to the contra-
ry notwithstanding; and the officer whose duty it
is made by this act to order the militia of any of
-lhe divisions to be attached to some other division,
as provided for by this act, shall at Che time of issu-
ing said order, give public notice thereof to the
militia of the division to be attached as aforesaid;
if it be a company, the notice shall be writing,
put up in at loast two of the most public places in
the company beat; if it be a battalion the like no-
tice shall be putnp.in at least one of the most pub-
lic places of each company of the'baltalion ; if a
brigade, regiment or separate battalion the like no-
C2 :hfU be put np m at least one o the most pub
lie places of the brigade, rgimem oi s&pil&Jtat-Jsuitable
Iy in one or more of the newspapers published in
lUIJUIlj V "" J..1..WW. w. ....WW .. W....W uuiv.w. - 1
this State ; and any notice given as aforesaid shall
be deemed in law; sufficient, and the militia so no J
tified shall from the time of issuing such order and
giving such notice, be considered and tieated as
part of the division to which they may be attached
and compose a part of the command of the officers
of the division to which they are attached ; any-
thinor in this act to the contrary notwithstanding ;
and any general order issued by the coinmander-in-
chiet, any Juajor uenerai or urigaaier general,
and published 'in any newspaper printed in this
Statej'fbVthree weeks successively shall be deem-
ed in law, a sufficient notice thereof, to the militia
and to all persons-to'be affected thereby, and shall
be to all intents and purposes as valid asif the same
were communicaieu uy cxpitjss ui in uny miiei
manner whatever.
Sec ,14. Be it further enacted. That all elec-
tions in the militia department which may hereaf-
ter be contested, shall be determined in the follow-
ing manner, viz: If (he election of a Major Gene-
ral shall be contested, the party contesting such elec-
tion shall furnish the Governor a fair statement of
is reasons in writing, upon the receipt of which
he shall order a general court martial to beheld at
such placets he may designate in the division to
which such Major General belongs, at which court
each militia officer of such division not, under the
erode of a field officer, shall.be entitled to a seat;
and if the election of a Brigadier General shall at
any time be contested, tho complainant shall make
thq like complaint and. application to the Major Ge-
neral of the division to which such brigade belongs,
who is upon the receipt thereof, required to order
a brigade court martial as in other cases; and when
the election of a Colonel of a regiment or Lieu-
tenant Colonel of a separate battalion or Lieuten-
ant Colonel or Major of a separate battalion,
shall be contested complaint and application shall
in like manner be made to thenext highest officer!
in command, who upon receipt the'reof, shall order
a regimental court martial accordingly : if under
the rank of a field officer all complaints and appli-
cations shall be made to the commanding officer of
the regiment or separate battalion where the con-
test exists ; and in order to explain and fix a princi-
nle to frovern the several courts martial in their
duties respecting contested elections, it is hereby
My supported, in either case, the cc urt shall report
in faH)rof the person having the greatest number
of leo-al voles as being duly elected, and the Presi-
dent of each court martial shall certify under his
hand the name-or names of the person thus duly
elected, which certificate, if the officer shall be of
the grade of general or field officer, shall be direc-
ted and sent to the Governor; if commissioned of
ficers of companies, the certificate shall be signed
.-i , emu inuiuu i"i"""'- uiuiu uuiy iui ucu
ding contested elections, it is hereby declared that
when the cause shall arise from any illegal proceed-
ings of any person ordering, conducting or judg
ingsaid election, on proof thereof being made sat-
isfactory to the com t martial such election shall be
declared void, and the President by and with the
i authoiify of such court martial shall direct the pror-
per officer to issue an order or orders for anelection
rto fill such vacancy, which election so ordered shall
in all things he conducted in the same way as other
elections to fill vacancies in like officesareby this
act directed. '
Sec 15. Be it further enacted That each and
every officer elected and commissioned under the-
provisions of 'this act shall, previous' lb-entering.
upon the execution of the dutiesjof his office,, talre
the following oath: I , do solemnly sweaikr
that I wjlCsnpportthe constitution of "the United ;IJ
csraies ana oi mis oiaie, auuumu wni.xaHuiuiiy-.
ancjjustly execute the duties of the office of
innbe- i i company, battalion, regiment, bri-
gade, or division, as the case may be, of the militia
qf,tliis Stateyiccording to the best of mypslrill,
power andjudgment, so" help me God ,' aedpy of
which shall be endoised on the back of the commjs-"
sion, signed by the person taking the same and
attested by the officer who administered the oarh
Sec. 16. Be it further enacted, That ifajiy
commissioned officer shall move out of theboands
. therefrom otherwise than on military duty, for".
more than twelve months-atone time, his office
thereby shall become vacated ; and if any eoramis- .
sioned officer shall think himselt injured by his
superior officer, and shall upon due applicatioa
made to him be refused redress, he may complain
to the Brigadier General, who shall order a brigade
court martial, to be held under the 'rules a.nd''
f regulations prescribed by this act; if any inferior
officer or private shall think himself injured-by his
captain or any other superior officer in the regiment f
or separate battalion to. which he belongs; heTmay
complain to the commanding officer of theregimeDt.
or separate battalion, who shall order a court
martial, and such couit shall determine the
complaint agreeably to the nature of thejease,:--
Provided, that the person complaining snail:;. ,
exhibit his charge in writing supported by oafh-or
affirmation. . " .
Snc. IG. Be it further enacted Thaf-every
captain or commanding officer,shall hold aHeast
two company -musters between ,lhe"months of
March and November in each year, and shall
rpquire the non-commissioned pfficers"of his com:
pany or such of them ashe shall designate, ta
warn his men of the place of muster in ail cases
where notice thereof was not given atthe previous
muster : and each captain shall have the-jright to
designate his muster ground, but shall select some .
muster ground as near central ascircum-
slant-in nermit, and alter the first muster tne -company
shall selects place of musteindvgry
officer, non-comrriissioned officer and priva&sha!P
a,me.J- airliis-' respective muster fielSTiiy e?eTefir
o'cloclc in"the forenoon, and not leave tne j parade
until permitted by the;officer commanding the
troops ; and at every muster each captain fcor com-
manding officer of the company shall directthe
first sergeant of the company to call the roll in his
presence between the hours of eleenjautwve
o'clock; and the commanonigonicer qieacii,
p.nmmnv shnll examine every nersun belonging fc?
his company, note all delinquencies.' nT'e oiu ail
accurate statement of theiegtii .H.J ccn-i '-ssii q
his mmnnnv. and make returns- Tr.ereof io the
Tndcrfi nfthp. p.mintv or orobatecdurt, aneKta the
.--- vv..-.. T . .fc. . -. -
C- .. ; , .. ,1 ffr1
or piuuuie ujuii, j,'.u ,' - -H
commaudinsr officer of the battah5n lowfttcfE?he- I
belongs, within twenty days thereafter, vvhosecfuty
if: shall be to return the same to the commanding"
officer of his regiment within ten days thereafter,,
whose duty it shall be to make out an accurate
statement of the condition of his regiment; "and
return the same to the commanding officer of the
brigade within ten days thereafter, to which hemay
belong; and the commanding officer of a separate
battalion shall make a like returp to the command-
ing officer of the brigade to which he belongs, with
in the same time; and the Briga'dier General shall
make a like return to the- Major 'General com-
manding the division to which his brigade belongs
within twenty days thereafter ; and the Major .Gen-
eral of a division shall make a I ike return of thedivis- v
ion under his command to the Adjutant General of
the State within twenty days thereafter; arid it
shall be the duty of the Adjutant General to furnish
such blank forms of all the different returns-,, an
explanation of the principles on which they should
be-made as shall be approved by the commander-in-chief;
and also, to receive the returns of the
militia throughout the State, from all w'hich he
shall make the proper abstract and lay the same
before the commander-in chief of this State within
twenty days after.they shall have been received by
him, or sooner if required by the commander-in-chief;
and the commander-in chief when, required
shall lay the same before the Legislature of the
State.
Sec IS. Be it further enacted. That if any
non-commissioned officer, musician, or private "at
any muster,. shall disobey the legal and proper
orders ofjiis superior officer, or act in a disorderly
manner, or if by slanders at any such muster,
shall insult, or otherwise molest any officer, non-'
commissioned officer or private, w.hile on parade,
or employed fii. any other service authorized by
the laws "of this Stale, the commanding officer of
the company may order such person to be arrested
and placed under guard for any length of time not
exceeding three hours, and the person or persons
so offending, shall moreover be subject topaysuch
fines as may be imposed in the manner hereinafter
provided.
Sec 19. Be it further enacted, That in order to
compel the observance of the provisions of this
act, and for the purpose of introducing a proper -degree
of subordination and discipline in the oper-
ations of the militia of this State, the following;'
penalties shall be incurred and inflicted iiTthemarr-
ncr hereinafter directed, lhat is io say: The Adju.-lant-General
for a neglect or violation of those
duties imposed upon him by this act, 'shall incur a
penalty not exceedihgone year's pay, nor less than
three months pay ; and any commissioned or staff
officer for failing to perform the duties required, of
him by this act,-shali forfeit and pay as follows;
r Commandant of a regiment or senarau? battalion.
the sum of fifty-dollars; lieutenant Colonel or
Major of a battalion, the sum of fifty dollars : the
orq
S
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Ford, John S. The Texas Democrat (Austin, Tex.), Vol. 1, No. 26, Ed. 1, Wednesday, July 1, 1846, newspaper, July 1, 1846; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth48326/m1/1/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.