Texas State Gazette. (Austin, Tex.), Vol. 1, No. 15, Ed. 1, Saturday, December 1, 1849 Page: 3 of 8
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TEXAS STATE feMfl
r-rr.;r-trril'i J.H .4.
A bill to bo entitled an net to suctiio to all citi7.onsyiihin the
limits of the colony grant of Moicer and others his asbo-euitos
commonly known and styled as Moicei's coloiiyiVtho land to
which they aic entitled as colonists.
On motion of Mr. Taylor the bill wavs read by its caption and
re-refoired to the Judiciary committee. - 1 1
A bill to bo entitled an act to prescribe the duties of public
millois; read second time '
Mr. Lloyd moved its reference to the Judiciary committee.
Mr. Fields moved that the bill lie on the table for the piesent.
Upon which the yeas and nays being called stood as lollows:
Yeas Messrs. Clements Crump of Bexar fields (billet
llaidemnti o( Nacogdoches llaidemaii of Travis Pace Ucynolds
.Russell Scott Smith of Red llivor Smith of Shelby Stewart
Tarrant Williams and Wmfiold 1G.
Nays Messrs. Speaker Bee Bogait Bryan Ulough Cochran
Crump of Austin Dickson Fianklin. Holland Joweis Lewis
Lewis Lloyd Loll McNairy Millicau Polk. Solnian Shaw
Shea Stupp Sterne Tarver Taylor Whittlesey Wilson and
"VVion- 27.
So 111 ) bill was rofcred to the Judiciary committee.
Mr. Whittlesey moved to take ur the bill to organize the Fifth
Judicial District ; carried and
On motion of Mr. Charlton the same was read by Its caption
and lolurred to the Judiciary committee. ' ft'
A bill to provide for the removal of the arms and munitions of
war; read second time.
Mr. .lowers moved to amend as follows : strike out "city of
Austin'' in liie (irst section and insert ' the seat ol Government" ;
adopted strike 'out "from and after its passage" in the third
section and illicit "from and after the location of the seat of
Government in 18jU"; adopted.
Mr Scott offered the following amendment to the resolution as
amended viz: stiike out alter the woid State " that the Adjutant
Cionoral bo instructed to secure a suitable place for keeping the
arms safely at the city of Galveston."
Mr. Franklin offered an amendment to the amendment as fol-
lows : :aud to have them properly cleaned and pieserved until
they can bo icmoved to the seat of Government hereafter to be
permanently located"'; adopted.
Question recurring on ihe adoption of the amciw'nionl offered
by Mr. Scott w.-is put aud the amendment adopted and
On motion of Mr. Charlton die bill was ordered to hi en-
grossed Joint lesolution 'authorizing and icquiring his Excellency the
Governor to have procured a slab ol marbWuo be presented to the
National Washington Monument Committee ; rend second time
and on motion "of Mr. Ucynolds referred to the Finunqe com-
mittee. A bill to be entitled an act to provide for the pay of the Mier
piisoners ; read second time.
Mr. Tarver moved to amend by adding v" and the prisoners
taken captive in the Santa Fc Expedition" ; adopted aud
On motion of Mr. Russell relorred u the committee on Mili-
tary Affuiis.
A bill to' be entitled an act to permit guardians in certain cases
to purchase land ; lead second time aud
On motion of Mr. Sterne referred to the committee on the
Judiciary.
the
the
To the Honorable the " t--
Speaker of the House of Jieprcscntatir.es :
The committee on the Judiciary to whom was icfonedlho reso-
lution requiring ilium to take into consideration the expediency of
so changing the law for the appointment of justices ot the peace
and constables as to abolish the piaciiee of commissioning suid
officers have had the same uiidereonsiileialion and instrUc! iiieto
lepoitthat (ho Legislature has no power tri change the law on
that subject.. So far as relates to Justices ol the Peace the 13th
section of the- lVth article of the constitution dochircs that "Jus-
tic s of the Peace Sheriffs and Coroners shall be commissioned
by the Governor.'' So far as the resolution lelates to the consta-
bles your committee aie not awaie of the existence of any law
which requnes them to bo commissioned. Your cVmmittue do
not deem any Legislative action on the subject appropriate or
necessary.
Report laid' on the table to come utvamong the Orders of the
Day.
Also the following repot t:
The'cpinmittee on the Judiciary' to whom was referred a reso-
lution requiring them to take into consideration the propriety ol
making some provision by which the officers of the country siiall
be paid for their services in State cases in which conviction shall
be had and the defendants aie unable to pay the costs of the pro
secution have had the sairo under consideration aud lnstiucled
me to repoit that they deem the moie appropriate reference would
bo to refer the matter to" the committee on Finance as any provi-
sion which might be made would necessarily be a charge on the
Slate. Which is icspectlnlly submitted with a request that the
refeiencebe made as suggested.
Repoit received to come up among the Orders of the Day.
Also the following:
The committee on the Judiciary to whom was referred the pe-
tition of sundry citizens of the counties of Smith 'mid Rusk
praying the Legislature to pass a law authorizing the Columis-
sioner of the General Land Office to issue patents on all claims
and locations' that have been legally surveyed aud located on
leaiues numbeis 1 2 and 'J now in Smith and Rusk counties
said to have been surveyed in Nacogdoches District have had
the same under consideration and instruct me to report thai the
Judiciary is the only department of the Government that can
with right and propriety-interfere in the settlement and adjust-
A bill to be entitled an act making: an appropriation for
prorata pay of Thomas P. Anderson deceased Surgeon in
navy ot the late Republic of Texas ; lead second time and
On motion of Mr. Jowors relened to the committee on C.aims
and Accounts.
The resolution offeied on ycsteiday by Mr. Tarver was taken
Tho yeas aud nays
up and read.
Qjiesiion on the adoption of the same
beimr called (or stood thus :
Yeas :---Messrs. Bee Bryan Buriiey Charlton Clements
dough Ciumpof Austin Dickson Hardeman of Nacogdoches'
Hardeman-of Travis Holland Lloyd McNairy Millicau Pace
Russell S ilium Shea Smith of Red River Stapp Sterne.
Stewart Tarrant Tarver Taylor Williams Wilson aud Wiu-fie!d-2S.
Nays Messrs. Speaker Bogait Cochran .Cuimp of Bexar
Fields Fiankliu Gillet Joweis Lott Polk Reynolds Scottj
Shaw Smith'of Shelby Whittle.-oy and Wren 16.
So the resolution was adopted.
The resolution offered on yesterday calling mi the Comptrol-
ler for information was read and-adopted.
The lill lo be entitled an act to ooihpel nil holds to bo s irvey.
ed within three months after application shall be filed was tak-
en up read and ' -
On motion of Mr. Winfield reformed to the committeemen Pub-lic'Lnuds.
rp
io House then adjourned until to-morrow at half past uim
t " ' r
-
HOUSE OF
o ciocic a. m.
REPRESENTATIVES.
Fit i day November 23 1S49.
Houso met pursuant to adjournment; roJLcalled quorum-present
; absentees Msrs. Bryan CloughOmmp of Bexar Hol-
land Lqwis Stewart and VYinfiold ; journals of the preceding
day read and adopted.
ATr. ilillicaii presented a petition from sundry citizens of Leon
county praying that the county seat of said county ib&'iemoyed
tfcc '' ' """ ' fl
On motion of Mr. il'illicnn inferred to the committee on Coun-
ty Bituudaiiee. ' "fy -
Mr. Sierue presented a peliiiduufrom ilrs. Sarah N. Hubert
praying for relief &c. m ;
On motion of Mr. Sterne referred to. the committee on Claims
and Accpunts.
iJr. .lowers presented a petition from Oliver Kellough praying
for relief (fee. '
On motion ofrJlr Jowors referred to the committee on Pri-
vate Land Claims. ' . (. U
Mr. Russell presented a petition from Lemuel-AT. Rodernel
asking relief &c
On motion of Mr. Russell referred to Ihe committec'on ilili-
Cary Affairs. .
On motion of Mr. Charlton Mr. Hardeman of Travis was
granted leave of absence until next Tues'dny. '
Mr. Franklin presented a petition from sundry citizens of Gal-
veston county asking the pnvtlnge of cutting a canal from'Snn
Luis or West Galveston I3ty to the watersof the Brazos liver.-
On motion of Mr. Franklin referred to the counuitiee oii;Iiiy
'vim 4iiiiwvi;ii(i;iita .;.. t it
the Jndiciarvf
t.ni.. i . . r r ii . j 'j.-wi .i i-r -
in
Mr. Franklin chairman of the committee on
Hide thotfl)llPAviug report ; ' K'' ?'Y
meutofthe claims of the several petiiioncis. If the locations and
surveys under which the petitioneis claim were by authority of
and in conformity to law on vacant land of the State then the
laws as ihe.y exist afford the means of perfecting their lights.
If the lands included within the leagues Nos. 1 2 and 3 were
surveyed lor any person or purpose authorized by law before the
location and surveys of the petitioners were made (and we con-
clude such to be the case from the petitioneis' reference to us)
then the land was not vacant land and there exists a conflict of
title which the court must decide in which decision jt would be
both impolitic and unconstitutional for the Legislature to inter-
fere. Report laid on the table to come up among the Orders of the
Day.
Also the following :
The committee on the Judiciary to whom was referred an act
to bo entitled an act making additional appropriations of land for
the purposes of education have had the same under consideration
and instinct me to report-that legaiding the 4th section of the Xth
ni tide of the Constitution as assci ling a privilege intended for
Inline as well as present application to the various changes that
might occur in consequence of tho power vested in the Legisla-
tuie to crcnte new counties a fair construction of lhatarlicle will
aud does emitle every new county as it may be created to the
siiuiii quumiiy ui imiu uuiciuioru ctppuMiuii:u iiy iuu v-uuyicss ui
the Republic of Texas to other counties existing before and at
the adoption of tho Constitution.
Whatever uncertainty may seem to arise from the peculiar con-
struction of the 4th seciion of the Xth articltf.of tho constitution
is icmoved in the mind of your committee 'by a lcference to the
journals wheie tlTcy find that the word '"now" alter the woid
"counties" in the first line was stricken out of the section on
motion when the section was adopted by the Convention.
'1 hey return the act and respectfully recommend its passage.
Report iaid on the table to come up among the Ordcisrof the
Day.
Also tho following:
The committee on the Judiciary to whom was referred the re-
solution instructing them to enquire into the expediency of revis-
ing and amending an act entitled an act regulating attachments
have had the same under consideration and instruct me to report
that no change in the law has been suggested to or occurred to
the mind of the committee which they deem either advisable or
expedient.
They report the resoluibn'and suggest its indefinite postpone
ment.
Report laid on the table to come up among the Orders of the
Day.
Also the following : Your committee to whom was referred a
bill to be entitled an act to provied forjadmitting to jecol'd in this
Stale copies of notaiial deeds and bills of sale executed in. Louis-
iana had tho same under consideration and have instructed me
to report that in the opinion of the committee the said'bill pio-
poses a change and innovation in regard to the registry laws o
this State which is highly impolitic They therefore 'recommend
its indefinite postponement. All of which is respectfully submit-
ted. Report laid on tho table to come up among the Orders of the Day.
Also the following : The cpmmilteo on the Judiciary to
whom was leferrcd an act io ineorpoiate the Marshall Cemetery
have had the same under consideration and instructed mo lo re-
poit the bill with the I'qllowiug amendments and recommend its
passage.
In ihe tide after the word "cemetery" ndd the word : com-
pany."' ' '
In the first section before' tho words "real estate" insert "and
own sell and dispose of." After the words "real estate" add
"not cxceeding'twcnty-Ii veneres for a burying ground."
In tho second lino second section hetweeiriho words "laws"
and " the" insert " not inconsistent with tho constitution and laws
of the State of Texas."
Report laid on the tabto to come up among the orders of the day.
Also the following: The cornmitlee on tlic Judiciary to whom
vas referred a bill to.be entitled an act to permit guardians in
'certain cases lo purchase lands huvo had the same under const1-
deratioiu and instructed me to report that they do pot deem the
proposed change in the Law advisable : tho revenue that minors
would dovivc from. Ute hire of negroes your committee bellow.
would be much'yreator thnn'could.bn-realizeU.from the cnltivn-
tion of ahy jancf-which miglit bepurclhisW bytfidgifaVduuis.
Frequent changes in any system of laws aic not believed fo-bo
either expedient or beneficial. They repoit the bill buck to thu
House and recommend its indefinite postponement r
Report laid on ihe table tocomuup among the orders of thq day.
Mr. Blimey Chairman of tho committee on Private LYuId
C aims made the following repoit: " "J
CoMAirrTisn Rooai Austin ISov. 23 1S4UL
To the Hon 0. G. KisBrutf ;
Speaker of the House of Representatives : .
The committee on Private Land Claims to whom was reio-
feried a bill lo bo entitled nil act to supply a piece df land.scrlp'
lor six hundred aifd forty acres of Innd number 26(f lost by IJ.uph '
AjOluie have cousidcied the same and herewith lcport a "joint
resolution for the lehef of said iJcClurc ns a substitute for said
oui aim reconmienu us passage.
Joint resolution for the relief of Hugh JlicClurc read 1st time.
Mr. Bee iuiiodticcd a bill io bo entitled an act to nmenid'tfte
second seciion of an act for the incorporation of the city of Ltuecl
approved January 29 184S. Read first time. r'
Mr. Gillet oflorcd ihe following resolution ; . ' '$
Itesolved That the Adjutant General of the State oWrc.a4)s
and is hereby requiied to furnish this House at nseailya dn'yas
practicable the tine amounts which will be icciuiredMty tlio.Stn'te
... ....!.' - i :..-..i - .i. .- n i - - !TA
in pay me oiuceis auu men compnse-u in me tonownignamett
companies of volunteeis called into the service at different pfcri
ods by the Governor of this Stale viz : tho companies comman'J-
ed by Captains Smith ilcCulloob Hill Robciis Sutton;- Jolnf-
son and Blackwell. Rend and adopted. .f ' V" '
Mr: Reynolds offered the following resolntioh :
Resolved That the committee on the Judiciary be requested to .
inquiie into the expediency of abolishing all usury laws. 'Ilehdt'
and adopted. x . g
Mr: Wilson introduced a bill to be entitled an act to incorpqrntc
the Texnna Academy ; lead fiist lime. $''
yjn mouon oi inr. .toweis ine nouse proccecica Jo luo
ORDKRS' OF THE DAY.- t
ilir. Bogart's motion that the House take up the bill to provide
for running and establishing correctly the lino between Nncogg
doches and Fannin laud districts and place the same among tliel
oideis of the day ; earned. 'wvf'
A bill to be entitled an act to repeal the third section 40 'mfncT
to regulate the license and practice of attorneys and coiniseliorsT-at-law
approved 12tli Aay 1S16 ; rend-second time nndon mo
tion of A2r. Dickson referred to the Judiciary committee.' 'J
A bill to be entitled an act to amend the first section of an. act "
fixing tho time at which laws passed shall go into effect &c.ap-
firoved 16th January 1810; read second time and on motion
passed to athitd reaaitij. v '('&'
. --?.. I " Tlif'
Joint resolution for relief of Thomas Ward ; lead second
time. V&
Mr. Reynolds moved its reference to the'committce on GUnim's
and Accounts; lost.
iW
Mr Russell's motion to refer to ihe committee on Public DfiilUj
ings was put and carried. - ' w
The joint resolution making ah appropriation for defrnyingjlhor
expenses inciuent 10 puuiisning ine amendment to ttic constittiT
lion ; rend second lime. ' ?'$$
J
Mr. Tarver moved to fill the blank by inserting one thousand
dollars or so much thereof as may be necessary. jkM&Um
Mr. Fields' amendment: Provided Thabno more thnmjVyw.
dollais shall be paid lo anyone person tor publishing said amemlffe'
On rnoiiiin of ilfr. Scott the same was referred lo the Finance'
committee. ' ' 'k
The joint resolution instructing our Senators and requesting
onr Representatives in the United States Congress to use then-
efforts to have passed a law giving jurisdiction over ihcSouth
half of Red River (fee. ; lenel second time arid on motioirbfiv
Bryan referred to the committee on Federal Relations. "
A bill to be entitled an net io provide for running and estab-
lishing correctly tho line between Nacogdoches mul Fannin land
districts ; read second time and on mou'on passed to' the third
reading.
- Ar.Clough submitted tho following resolution : '(
Resolved That a committee of five be appointed from. this
House to act in conjunction with a like committee nlrendv'nn-
poinied by the Scnale lo prepare a lemonstiance njramst tlieifnr;
thercontuiuauce of a military government in Santa Fessaid're-jp
monstrance to be piesented loathe consideration of ih'ojlnift'ed
States read and adopted. - ???'
Whereupon the Chair appointed Afessrs. Clough Stewart Wi
son Williams and fraulciiu said eommitlee. u ft
Mr. LiOtt oflered the following resolution : ; -f t
Itcsohcd Thiit the Commissioner of the General LandfOA;
nee be requested to lay before this House nil information $he
1 1 t ..-i.: .1 .i. . tuia.
rv- h
Wil-
in y have in his office relative to the surveying returning "nluJ?
cording of leagues. No. 1 No. 2 and No 3 represented ns'hnV-
I
&
"
ma
re
ing been located m ine counties of Rusk and Smith
laid on the table one day for consideration.
On motion of Mr. Sterne the House adjourned.
rend and
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Matthewson, R. C. Texas State Gazette. (Austin, Tex.), Vol. 1, No. 15, Ed. 1, Saturday, December 1, 1849, newspaper, December 1, 1849; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80906/m1/3/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.