The Southwestern Historical Quarterly, Volume 20, July 1916 - April, 1917 Page: 40
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The Southwestern Historical Quarterly
Texas. But Van Zandt was not a member of the Third Con-
gress; in fact, came to the Republic as an immigrant about the
time that Congress commenced its session. He was, however, a
member of the convention that framed the constitution of 1845,
under which Texas was admitted as a State, and may have been
instrumental in having such exemption then made a part of the
fundamental law, as stated in Judge Fulmore's History and
Geography of Texas, p. 192.
A more serious claim is that made for Judge Emory Rains,
whose name, like that of Van Zandt, has been given to one of
the counties of the state. An article by C. W. Raines23 at least
establishes the fact that Judge Rains did represent himself as
the one responsible for its enactment. But the conversation to
which the author there refers took place some forty years later.
The clouded life of Cooke had closed nearly thirty years before.
Rains was a meber of the Senate in the Third Congress, and
Chairman of its Judiciary Committee. The history of the Act
here given from the journals seems to leave little doubt that, as
passed, it was identical with the bill introduced by Cooke in the
House. Judge Rains may have been the moving spirit in having
it put through the Senate, on the verge of adjournment, in pref-
erence to the Senate bill. That he drew the bill and had it in-
troduced by another in the House does not seem probable. The
Act is fairly well drawn, on the whole, but some of its phrase-
ology sounds like an amateur's. A lawyer, for instance, would
not have been likely to describe the writ of execution as a fire
28"Enduring Laws of the Republic of Texas," in TxE QUARTERLY, I,
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 20, July 1916 - April, 1917, periodical, 1917; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101070/m1/46/: accessed December 12, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.