Telegraph and Texas Register (Columbia, Tex.), Vol. 1, No. 34, Ed. 1, Tuesday, October 18, 1836 Page: 1 of 4
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9.
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A If B T E X A
1ST
TOIi. I.
WE GO FOR OUR COUNTRY
ISO. 34.
PUBLISHED WEEKLY
BY G. & Tl H. BORDEN.
TERMS, $5 PER ANN., IN ADVANCE
ADVERTISING, USUAL PRICES.
COLUMBIA, TUESDAY, OCTOBER IS, 1836.
FIRST CONGRESS FIRST SESSION.
HOUSE OF REPRESENTATIVES.
Thursday, October 6, 1836.
The house of representatives met pursuant to adjournment.
The clerk read the proceedings of "Wednesday.
The speaker proceeded to call the attention of the house
"6 ' theTdrder of proceedings as contained in the 16th article.
-" . A petition, lying in the speaker's hands, from Mr. Jesse
5- Cartwright of Harrisburg, was then read, and referred to the
-committee on privileges and elections.
Mr. Allen then presented the report of the joint committee
empowered to contract for the printing and publication "of pub-
lic documents; and having handed in the proposals of the Messrs.
Borden, conveyed the concurrence of the committee in their
adoption, which was accordingly received by the house. The
terms are recorded in the journals of the house.
A petition was then read from Mr. Hayclan Arnold, of Na-
cogdoches, and referred, on motion of Mr. Allen, to the election
committee.
Mr. Green proposed the appointment of a stariding finance
Committee of five members, to take into consideration the most
immediate means of defraying the expenses that were hourly
accruing to the government, and alluded in forcible language
to the present state of the army.
. Mr. Baker considered that the committee of ways and
means superseded the necessity of a select finance committee,
as the discharge of those important duties stated by Mr. Green,
necessarily devolved on them. The Manual was referred to
with a view of denoting the distinction between the two com-
jnittees, and no distinction having been found, the resolution,
On motion of Mr. Bunton, it was laid on the table.
A message from the president was here announced by his
private secretary, and after a silent perusal, the speaker informed
the house that it became necessary to enter into secret sessions,
which was complied with.
The house adjourned till three o'clock; and at that hour
resumed its proceedings.
?The door-keeper informed the speaker that he had arrested
the parties engaged in the affray, and were now in custody.
On motion of Mr. Baker, the trial was referred to the com-
mittee on the judiciary, with the power to send for, and exam-
Cine all parties connected with that business.
Mr. Green remarked on the length of time occupied in the
business of the forenoon, and as nothing important.was then be-
fore the house, he would move its adjournment until ten o'clock
the following day.
Mr. Baker seconded the motion.
-
Friday, October 7, 1836.
The house assembled at the hour appointed, and the clerk
read the previous proceedings.
Mr. Bunton rose for the purpose of presenting to the house
- what might be called a remonstrance, or petition, from Mr. W.
H. Jack, claiming a seat in that house; and moved that it be
referred to the committee on privileges and elections. Carried.
j. Mr. Baker, chairman of the judiciary committee, presented
4a report on the case of A. L. Harrison, under arrest for con-
tempt of that house.
The report stated that the committee of the judiciary, to
whom was referred the examination of testimony in the case of
A. JL. Harrison, under arrest for contempt of this house, have
had the same under consideration, and had instructed him to
report the evidence taken down in writing:, and that, in the
opinion of the committee, the said Harrison was acting solely,
in self-defence, and did not intend a contempt to this body; and
-jk in consequence, the committee recommend that the said liarri-
jLson be discharged from arrest, and restored to his office of ser-
if geant-at-arms.
The evidence was then read, and the house,
On motion of Mr. Green, concuired in the report.
Mr. Pennington, as chairman of the committee on privi-
leges and elections, reports : that after a due consideration of
the various documents submitted to them on the contested elec-
tion for Milam, they had discovered that Samuel T. Allen had
sixty-five votes, legally returned; and colonel Weatherhead fifty-six;
but he felt it his duty to state, that there was also a doc-
ument before the committee, of twenty-eight votes, purporting
tobe the votes of citizens of the county of Milam, which in the
opinion of the committee, had not been properly authenticated.
This document purports to give Weatherhead twenty-eight
votes, which, if deemed legal, would make the return be for
Allen sixty-five, and for Weatherhead eighty-four; and the com-
mittee being anxious to extend justice to both parties, beg leave
to refer the adjustment of the question to a committee of the
Avhole house. Mr. Green moved that the report lie on the ta-
ble. Three motions for adjournment till 3 o'clock, were then
put and negatived; and on motion of Mr. Bunton, the house
went into committee of the whole on the case of the Milam
election.
len-be
Mr. Nibbs commented on the document containing the twen
ty-eight votes and -argued the impossibility of receiving such re-
turn, as it bore neither the signatures of the managers or judges
ofHhe election, and called witnesses to attend. Mr. Sterling C.
Robinson and another witness were examined as to the docu-
ments then on the table the conversation held in their presence,
.relative to certain returns in an envelope one of which was mis-
sing, and as to the citizenship of other parties. When the de-
positions were taken Mr. Green in the speaker's chair report-
ed'that the house had had the matter under consideration and
asked leave to sit again adjourned on motion of Mr. Green
' emtil 3.o'clock P. M.
a bill, which was the standing order of the day for 3 o'clock,
'purporting to 'be a bill to appoint commissioners to select cer-
tain lands, was postponed, and made the order of the day for
Monday, at 10 o'clock.
The petition of John Garaghty was referred to the com-
mittee on privileges and elections.
Mr. Baker availed himself of that opportunity of refering
to the useless consumption of time in receiving such testimony
as was advanced jn the morning. He asked if the house could
receive such returns as those presented, without signature of any
kind. This house will, as speedily as possible, have to confine
the returns to the terms prescribed by the constitution; and
nothing could, in his opinion, be more desirable than to set
about purging the polls.
Mr. Wharton regretted the time that was already lost
about those contested elections, and considered that before these
matters were disposed of, in all probability the enemy would be
upon them. The informality of returns not made from the ca-
pital, with the other informalities, were not exactly the question,
but the right of citizenship to vote; and he deemed it an act of
injustice, to deny men, who probably were in the field serving
their country, the immunities which others possess, because the
return was sent on a dirty piece of paper, or from some other
such frivolous reason.
Mr. Wright moved that the report of the election from
Milam be recommitted to the committee on privileges and elec-
tions. Carried.
The speaker informed the house that he had, without know
ledge of the contents, broken the seals of some papers, which
he now discerned to be election returns; and on motion, sealed
and took possession of them in presence of the house.
Mr. Baker moved an adjournment till Monday morning, at
10 o'clock.
Monday, October 10, 1836.
The house met pursuant to adjournment, and the proceed
ings of Friday were read. The speaker then called on the clerk
to read those of Tuesday which the house was aware were not
as yet read.
Mr. Green presented a petition from a Mr. Frazer claim
ing as one of the captors of the brig Pocket, his share of the
amount of the sale of vessel and cargo; he was one of the men
on board the Invincible at the capture of the Pocket and never
received one farthing.
Mr. Wharton informed the house that the cargo was con
verted to government stores, and the vessel was now the com
missariat depot of Galveston. Referred to the committee on
claims and accounts.
The speaker stated to the house that several members had,
he was informed, arrived in town, and he considered this the
best time to submit their credentials, and take their seats. Mr.
Allen submitted the credentials of Mr. Roe, as a member for
San Patricio, and having been examined and deemed satisfacto-
ry, Mr. Roe took the oath of qualification, and his seat.
Mr. Pennington as chairman of the committee on privi
leges and elections, asked, and obtained leave to sit again, on
the question of the contested elections of Mr. H. Edwards and
Major Arnold of Nacogdoches, twice referred he urged the
pressure of business, and obtained leave.
The speaker stated that resolutions were now in order.
Mr. Green moved that the speaker be authorised, to aug-
ment the number of names on the committee on ways and
means; and Messrs. Archer, Allen, Wharton, and Roe were ad-
ded. Mr. West moved that the post office committee report as
soon as practicable a bill organising that department. Carried.
The clerk then read the tender of forty-six leagues of land,
made to the government by the hon. Mosely Baker, to aid it, if
required, in any appropriation that might be deemed expedient
lor the beneht oi the country; and though not urging it as a
claim, would be willing to accept one league of his own selection
to cover in part the expenses of the survey on the whole.
Mr. Allen moved that 300 copies of that liberal offer be
printed ; it was a precedent that might influence others, and
such a tender, in the present exigencies of the country, could
not be too generally known. On motion of Mr. Baker, it was
referred to the committee on public lands.
The speaker informed the house that as yet no disposition
had been made of the president's message; and referred the
house to the usual practice of selecting the substantive parts of
its instructions, and committing them to the examination oi the
various committees to which they respectively related. Mr.
White moved that the whole be referred to the committee on
the state of the republic. Carried.
Mr. Allen moved that the president be requested to lay
before the house, as soon as practicable, the exact amount of
land scrip, which he authorised to be sold in Texas or else
where; also into whose hands such land scrip has been placed,
and for what purpose, and how much has been sold, with the
accompanying documents relative to such transactions. Carried.
Mr. Altrn mnvpfJ that thr fnrflior nrdp.rs of thn ilnv ho.
a. Mr. Allon of Nacogdoches moved that Mr. S. T. Al- dispensed with; and the house adjourned till 3 o'clock P. M.
heard by his counsel, Mr. Nibbs, which was agreed to. The house met at 3 o'clock, transacted no business, and
adjourned till o'clock P. M.
At 7 o'clock P. M., the speaker took the chair.
Mr. Pennington brought up the report on the contested
election for Milam, between Mr. Allen and Col. Weatherhead,
which was made the order of the day for V2 o'clock; and on
motion of Mr. Green, the report was ordered to lie on the table.
lhe petition of Mr. Collin MKenney was then read and
referred to the committee on privileges and elections; and the
report of the contested election of Messrs. Moore and Cartwright
in negation of a motion for action was ordered to lie on the ta-
ble. Mr. White gave notice of the introduction of a bill; and a
discussion arose as to the suspension of the rule requiring the
lapse of a day, between Dr. Archer and Mr. Baker and other
three o'clock, p. m.
The house met at 3 o'clock, and on motion of Mr. Bunton
members; in the midst of which a motion for adjournment was
put and carried.
Tuesday , 11th Oct.
The house met pursuant to adjournment after the pro-
ceedings of Monday had been read,
The speaker ordered the reading of the petition of Wm.
H. Irion, claiming his right to a seat as member for Columbia
referred.
The name of Mr. Sydney -0. Pennington, was added on
motion of Mr. Boyd to the committee on public lands. Mr.'
Bunton moved the appointment of a reading and record clerk;"
the former having been overruled, Mr. Blackwell was sworn,
and appointed to the office of record clerk.
NOTICES OF MOTIONS.
Mr. Green gave notice, that he intended to introduce a
bill to define the western boundary of Texas, and to extend her
'jurisdiction by the subdivision of counties, one of which he
proposed to call Freston there being so many feelings associa-.
ted with the name of Preston of gratitude on the part of Tex
as, and high personal respect, that he felt peculiar pleasure in
the selection of the name, and in the probable concurrence of
the house with the clauses of the bill when it would be placed
before it. The man whose vigilance was ever alive to our dis
tresses whose sympathies mourned over our calamities, and
who was the first man in the United States' Senate on the
newspaper account of the glorious victory of April, to raise his
hands and in fervent ejaculation, exclaim, " Glory be to God
in the highest! Texas yet lives!" Yes, it is due to Mr. Preston
to indulge in this enthusiasm and he would therefore use that
name in record of his many services.
Mr. Allen gave notice that he would introduce a bill to
morrow, to raise a loan on the bonds of the government to the
amount of 5 millions of dollars.
Mr. Roe moved a resolution which was then carried
That the secretary of the treasury of the republic of Texas, be
requested to lay before this house, an exposition of the state of
affairs in that department the amount of funds received and
from whom, what sums expended, to whom paid, and for what
purposes as early as practicable.
ORDERS TOR TUB. DRAFTS OF BILLS.
Mr. Baker moved a resolution That the committee on
ways and means be instructed to prepare a bill to raise a rev-
enue by export and import duties. '
And that the judiciary prepare a bill to organise that de-
partment as speedily as possible, and report thereon; both reso-"
lutions were carried without debate.
Mr. Green moved a resolution That the committee on
naval affairs be instructed to prepare a bill for the augmenta-
tion of the navy, and its better organization by the building of
one or more steam frigates, or one or more twenty-four eun
ships, adapted to the draft of water on Galveston inlet ordered.
Mr. Bunton moved a resolution That the committee on
Indians and Indian affairs, be instructed to report as soon as
practicable, a bill for the better protection of the frontiers, and
to devise some plan for the erTectual restriction on the outrages
so frequently committed with impunity on inhabitants resident
there ordered.
Mr. Green moved that the election report between Messrs.
Cartwright and Moore be taken up, and duringthe perusal of the
testimonv before the committee, a message from the President "
was announced, which by motion was laid on the table and
the report of the committee in favor of Mr. Cartwright was
adopted without debate.
Mr. Cartwright was then admitted, sworn, and took the
seat vacated by Mr. Moore.
It was then moved by Mr. Allen of Nacogdoches That
the report of the contested election between JMessrs. Allen and
Weatherhead be taken up, and on motion of Mr. Chenoweth
the evidence taken by the reporter was read.
Mr. Steele moved, That the house resolve itself into a
committee of the whole; which being carried, Mr. Pennington
obtained leave for the introduction of Mr. Steele as a witness
in behalf of Mr. Allen and by order of the speaker to the
sergeant at arms both candidates were informed of the pro-
ceedings. The testimony of Mr. Steele was taken by the re-
porter. Mr. Hooper moved the adoption of the report of the com-
mittee, when a question of adjournment till 3 o'clock as put,
and twice negatived. Mr. Wharton again urged the adjourn-
ment till 7 o'clock P. M., having stated his intention of speaking
at some length on the subject; as, in his opinion, a vital ques-
tion, interesting to the people and the country at large, was
involved in the contested election between Messrs. Allen and
Weatherhead. The motion for adjournment then passed.
SEVEN O'CLOCK P. M.
The house met at the hour appointed.
Mr. Green moved that the unfinished business of the day
be proceeded with. Carried.
Ir. Pennington informed the house that he had acciden-
tally discovered a paper, which had been the subject of much
dispute, and the existence of which M'as circumstantially attested
by the witnesses, on their examination. In the present junc-
ture, it would be considered an important document, as he had
little doubt it was the one referred to by the parties who con-
tested the election, on the side of Mr. Weatherhead. Re-
ceived. On motion of Dr. Archer, Messrs. Wm. Wharton and
Huston were admitted as counsel for Mr. Weatherhead; and
on motion of Mr. Baker, Mr. Falvel was admitted as counsel
for Mr. Allen.
General Huston addressed the house at considerable
length, and assumed the position that the report of the commit-
tee rejecting the majority in favor of Mr. Weatherhead, on the
grounds of their having been volunteers, could not be sustained,
as the constitution, as yet, in his opinion, unpromulgated, was
not the law of the land, and its provisions could not legally dis-
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G.& T.H. Borden. Telegraph and Texas Register (Columbia, Tex.), Vol. 1, No. 34, Ed. 1, Tuesday, October 18, 1836, newspaper, October 18, 1836; Columbia, Texas. (https://texashistory.unt.edu/ark:/67531/metapth47897/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.