Telegraph and Texas Register (Houston, Tex.), Vol. 2, No. 21, Ed. 1, Thursday, June 8, 1837 Page: 1 of 4
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A If B T E X A
J. 55 A JKi JUL
.VOIi. II. NO. SI.
WE LABOR FOR OUR COUNTRY'.
PUBLISHED BY BORDEN & MOORE,
HOUSTON, TMUJRSBA'Y, JUNE 8, 1837.
( TERMS, 5 PER ANN., IN ADVANCE
ADVERTISING, USUAL PRICES.
FIRST CONGRESS FIRST SESSION.
Saturday, May 27.
The senate met pursuant to adjournment.
The president pro tem. of the senate, Mr. Grimes being absent
Sir. Wilson was called to the chair.
Mr. Eventf presented certain documents in relation to the schoon-
er Gamanche; which
Were referred to the committee on foreign relations.
Mr. Hill from the committee on public lands, to whom was refer-
red the petition of James F. Perry, submitted a report granting the pray-
er of the petitioner.
Mr. Hill from the joint committee on public lands, said that the
joint committee could not concur in relation to the kind of bill to be in-
troduced. The committee however on the part of the senate had drawn
up a bill which he then held in his hand and would ask leave to intro-
duce. The bill was read a first tme.
Mr. Ellis remarked that he was opposed to the features of that bill,
but as it was one of importance and deserved attention, he movpd it lie
on the table, and ordered to be printed; which
A message was received from the president through his private se-
cretary Mr. Richardson:
On motion of Mr. Somervell the senate went into secret session,
and after some time spent therein the doors were opened.
Tao bill to stay executions until the next session of congress was
On its second reading.
Mr. Everitt opposed the bill "on the ground that the laws of this
republic had already been suspended too long. He could not see the
object, nor cou'd he tell the reason of a bill at this late period being in-
troduced to stay the operations of executions and die collecting of hon-
est debts. It would effect our credit abroad; it was the taking away
from creditors their rights; the bill itself was unconstitutional and un-
just. He moved the bill be indefinitely postponed.
Mr. Ellis opposed the postponement of the bill and thought that in
Ihe present situation of the country A.hich was already invaded on the
northern and a threatened invasion on the western fiontier. It would
be just and equitable to protect the effects of the debtor at home while
going U- ii. fend his countr ' against the invader. Mr. Ellis then read
some pert:, n of !he con-titulion to prove that in time of war, congress
could suspend the operation of executions.
Mr. Everitt replied thaf he was surprised to hear the gentleman
from Red River supporting the constitutionality of that bill, when at the
-last session of congress the same gentleman opposed a bill of precisely
ihc same nature, on the ground that it was unconstitutional.
Mr. Ellis had no recollection of so doing.
,Mr. Wilson thought the best possible way to pr.ure our credit a-
broad, wafc the protection of i' at home; he .vouni abk who could we
look to for the defence of our country from an invading foe, if the mo-
ment an individual started to defend his country, and to fight her battles,
that a civil officer should sweep the little property from his family to sat-
isfy some rich creditor. It was a fact well known that at present mon-
key was scarce and prospects good. The object of the bill was the bare
stopping of the operation of executions for a few months, it did not im-
pair the3 contract. It did not affect the validity of the debt, but only pro-
tected the property of the citizen while engaged i the protection of our
common country, and our common cause. He should call for the Ayes
and Noes on the motion to postpone indefinitely; which were
Ayes, Messrs. Everitt, Horton and Somervell, 3.
NaySj Messrs. Augustine, Ellis, Hill, Irion, Lester, Robertson,
Somervell and Wilson, 8.
The bill was then made the order of the day for Monday next.
The joint resolution from the house of representatives authorizing
the president to perform certain acts to release Texian prisoners, was ta-
ken up. ,11,
Mr. Horton opposed the bill, and warned senators how that resolu-
tion was acted on; it might end in the destruction of our navy, in the
worse treatment of those unfortunate citizens of Texas now supposed
to bo prisoners at Matamoros. A neutral vessel with a flag of truce
would be a much safer and bettor mode to carry out the intentions of that
resolution Our enemy are a demi-savage race., uncivilized and unen-
lightened, who had already proved their regard for flags of truce and
negotiations, by their conduct with this republic on former occasions.
He thought no good could result from the passage of that resolution;
he therefore opposed it and called for the Ayes and Noes on the ques-
tion; which were
Ayes7 Augustin, Ellis, Everitt, Lester, Irion, Robertson and Wil-
Nays, Hill, Horton and Somervell, 3.
Mr. Evoritt then moved the president be advised to suspend the re-
lease of Mexican prisoners now in this republic, until the fate of the
Texian prisoners was known;
The senate then on motion of Mr. Robertson adjourned until
Monday morning 10 o'clock.
Monday, May 29.
The senate met pursuant to adjournment.
Prayer by the Rev. W. W. Hall.
Mr. Horton from the committee on the judiciary, to whom was re-
ferred the bill establishing a national bank, reported the same with
Mr. Horton from the same committee, to whom was referred the
resolution in relation to elections in depopulated counties, reported the
same without amendment.
. . Mr. Ellis from the same committee, to whom was referred the bill
legalizing certain marriages, reported the same without amendment.
Mr.-Hon from the committee on enrolments, reported sundry bills
as having been enrolled and presented to the president.
The resolution for the relief of James F. Perry, was taken up, and
Th&bill legalizing certain marriages,
Passed a third and last reading.
The resolution for the relief of Sebastian Francis and John W.
Bryan, was taken up, and
Recommitted to the committee on military affairs.
The bill for the establishment of a national bank, was taken up,
And after some debate thereon, the amendments proposed by the
committee of the judiciary
Some debate then occurred on the disposition of the bill, when
Mr. Everitt moved the striking out of forty-nine years, the time
granted the charter, and
(Jailed tor the ayes and noes ; which were,
Ayes Augustin, Everitt, Irion and Robertson,' 4
Nays Grimes, Ellis, Hill, Horton,- Lester, Somervill and Wilson,
The bill was then laid on the table as unfinished business of this
The bill authorizing elections for depopulated counties,
Was taken up, and
Passed a second reading.
An act for the relief of John M. Allen, which had been returned
from the house with amendments, was
Concurred in by the senate.
Mr. Everitt from the committee on county boundaries,
Submitted a report establishing a new county.
The act for the incorporation of the town of Nacogdoches,
Was returned from the house of representatives, with sundry a-
mendments; and on motion,
Was referred to a select committee, consisting of
Horton, Irion and Robertson.
On motion of Mr. Augustin,
The senate adjourned until to-morrow, 10 o'clock.
The senate met pursuant to adjournment; and
Oo account of the indisposition of several members,
There could be no quorum, and
The senate adjourned until to-morrow, 10 o'clock.
"Wednesday, May 31.
Mr. Irion presented a petition from R. Wilson, which was
referred to the committee on naval affairs.
Mr. Irion from the committee on enrolments, reported sun-
dry bills, as having been presented to the president for Ills ap-
proval. Mr. Everitt from the committee on finance, to whom was
referred the bill from the house of representatives, for the relief
of James Irwin and others, reported the same without amendments.
Mr. Somervell from the committee on mililary affairs, to
whom was referred the bill for the relief of Sebastian Francis and
John W. Bryan, reported a substitute for said bill, which was
Adopted by the senate.
The bill for the relief ot James Irwin was taken up, and
Thesenate thereon went into "quati" committee, Mr. Irion
in the chair, and after considerable time spent therein, arose,
And the bill passed the senate.
Mr. Everitt from the committee on finance, to whom was
referred the consolidation of the public debt, reported the bill
from the house of representatives without amendment.
The bill was read a second time, and
Ordered to be engrossed for a third reading.
Mr. Everitt from the committee on finance, reported a MJ1
for the establishment of an auditor's office when, on motion,
The senate adjourned until four o'clock, this evening.
4 o'clock, p. m.
The senate met pursuant to adjournment.
A joint resolution, requiring the attorney general to report
under direction of the president, to the next session of congress,
a system for the organization of the different accounting offices
of this government, was taken up, and the rule being suspended,
Passed the senate.
Mr. Everitt introduced a joint resolution, authorizing the
president to appoint a secretary of legation to the court of Eng-
land, which, the rule being suspended, was
Read a third time, and
Mr. Irion introduced a bill prescribing the manner of ap-
proving deeds and other instruments of writing.
Read first time.
An act for the relief of free persons of color, was
Read a second time, and
Ordered' to be engrossed for a third reading.
A joint resolution for the relief of John W. Clifton, on mo-
tion of Mr. Everitt, was
Referred to the committee on claims and accounts.
On motion of Mr. Horton,
The senate adjourned until 8 o'clock, p. m.
8 o'clock, p. m.
The senate met and there notbeing a quorum,
On motion of Mr. Everitt,
Adjourned until to-morrow, 10 o'clock.
SUMMARY OF PROCEEDINGS IN THE HOUSE OF
The following petitions were presented, and referred to
their respective committees.
By Mr. Wharton, from Messrs. M'Kinslry, Jack and oth
ers, for an act of incorporation in the internal improvement of
Brazoria district, by rail roads, canals, &c, with hanking privi-
For a mutual insurance company, with similar privileges.
By Mr. Wright, from several inhabitants of Red river, for
a dirierent appointment of land offices. Also,
A contrary petition, impugning the motives of the subscrib-
ers to the former.
By Mr. Baker, a petition by bill providing for the appoint-
ment of clerks to the several government departments.
By Mr. Roman, from colonel Poe, claiming the appoint-
ment of a committee to examine his accounts. Also,
From certain companies in the regular army, deprecating
any priority of claims in the selection oflands ;
Referred to a special committee.
By Mr. Wharton, from Messrs. Handy fc Liibk, praying
compensation for lost property.
By Mr. Arnold, from W. Lewis, an Indian agent by appoint
ment of Gen. Rusk, claiming compensation.
A petition from the hon. S. Rhodes Fisher, relative to the
capture of the Hannah Elizabeth.
By Mr. M'Kinney, from an inhabitant on Sulphur fork,
praying for league a of land. ' -
By Mr. Wharton, from fourteen hundred men in the army,
representing the injustice that would result to them by opening
the land offices in June. , - "'-
Mr. Wharton said,
I rise to offer to offer a memorial to this house that is signed by
more than fourteen hundred citizen "soldiers. The subject matter of
this memorial is not only interesting 'to the memorialists,' but concerns
every citizen of this country,- and more particularly the members of this
house, whose duty it is to remove just causes of dissatisfaction quiet
unnecessary excitement, promote the prosperity of the country, and
secure the stability of the government. As to the tone and tenor of
the memorial, it appears to me alike dignified and respectful, and at the
same time breathes a spirit that clearly intimates a determination to
maintain their just rights. It also complains, with what truth you can
say, that heretofore you have neglected to cultivate that feeling of recip-
rocal confidence that ought to exist between the military and civil de-
partments of all governments like ours. I was not only struck with"
the truth, beauty and forGe of this remark, but I must -confess I was
glad to see it there I hailed its appearance as a rainbow in a threaten-
ing sky it manifested to me the frue feelings of the memorialists, and
I at once said that if we but obserf e the just requests of these men we
never will have, cause to complain, or apprehend danger from that
source. These men are fully impressed with the importance of the
cause in which they are engaged and, sir, in truth, it must be confess-
ed that there docs exist too good cause for the complaint, relative to the
vagueness and uncertainty of our laws. It would seem that those who
had the management of our affairs, have preferred tosend forth to the
world our laws disconnected and on defached slips of.-paper, more after
the manner of the prophecies of the ancient sybiljj than in conformity
with the ordinary method of promulgation. In all good governments,
the laws should not only be clear and defined with precision, butshould
be promulgated for the benefit of all, for it is an acknowledged law
maxim, that "iniscra est scrvitas lildjus aut vagum aut incognilum est''''
that servitude is deplorable where the law is eithcrvague or unknown.
Let us then hope that tho evil so justly complained of will hereafter
cease to exist. Sir, the men we now have to deaL with are no ordinary
soldiers, no ordinary motivesw8uced them to leave 'their peaceful
homes and embark in our struggle; no ordinary motives induced them
to remain half fed, half clothed, and not paid at all, thus quietly and
submissively in their ranks. They arc actuated Jby the pnrest and
noblest jnotives thai ever inspired the human heart and take my word
for it, if you will but meet them in that feeling of reciprocal confidence
spoken of in the memorial, they will unite hands in promoting the true,
interests of the country, and in defending it against all dangers and alL
foe's. In conclusion, I solicit in behalf of this memorial the most earnest,,
tfic most respectful, and tnnt immediate attention of congress, and
were I to presume to offer any advice in regard to the proper policy to
be adopted relative to these citizen soldiers, I would say in the words of
Be to-their faults a little blind; ?i
Be u their virtue very kind; - j.
Let all their ways be unconfined,
And clap your padlock on their mind:
reports of committees. v
By Mr, Wharton, on the petition of Robert Stephenson by"
bill, assenting to and confirming the prayer for a divorce.
By Mr. Branch, on the petition of John M. Allen, with an
accompanying certificate from Mr. Ellis, accounting for the- ex-
penditure in part of four thousand dollars. -4j;
Petitioner, by a resolution from Mr. Baker, referred to-
the auditor for tHe adjustment of his claims on the principles ofc
justice and equity.
By Mr. .Baker, on the petition ot Mr. Williamson, by a-Dili
from the judiciary committee. Also,
A substitute bill legalizing marriage contracts.
By Mr. Gant from the judiciary committee, on the nature0
of evidence required for proof of documentary instruments on
By Mr. Wharton from a select committee on the petition of '
certain inhabitants of Brazoria and Matagorda, recommending
amendments to the charter, by a diminution of capital, andseve-K
Read a second time. . .
By Mr. Wharton, a bill for the relief of James Irving and
others, who had loaned money to the agency of ttfis government.
Read a third timej and
Suspension of the rule.
By Mr. White, from the committee on -county boundaries, '
by a bill, which, on its , l "
"Second reading, was L;' s
Referred to a select committee, composed of Messrs. Brush,
White, Gant and Baker of Matagorda. m , jJ9.
On a petition for a charter of incorporation for forty-nine
years, to establish a communication between Matagorda and-
Cany, Messrs. Arnold, White, Baker of Matagorda, Billingsly
and Roman were --'
Appointed a select committee. &
On the petition to establish an episcopal church at Mate-
A debate arose, in which Dr. Rowe, Messrs. Wharton and'
Baker of Austin took part. . "'
By Mr. Wharton, in the minority of a committee, on cer-',
lain military claims, entitling the memorialists to lands, who had
arrived after the second of March, 1S36,
RESOLUTIONS AND BILLS. ,v
By Mr. West, a resolution requesting information from the ,
president why soldiers had been stationed on the Sabine to pre- ,
vent citizens from the transportation of their cattle to the Unit-
ed Slates. '-'os
Sustained by Mr. Branch, and
Read a first lime. ,
By Dr. Rowe, a resolution binding the'house not to'acton"-
any lax bill until a certainly exists as to the time" when the.'land
offices shall open,
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Borden & Moore. Telegraph and Texas Register (Houston, Tex.), Vol. 2, No. 21, Ed. 1, Thursday, June 8, 1837, newspaper, June 8, 1837; Houston, Texas. (texashistory.unt.edu/ark:/67531/metapth47934/m1/1/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.