Telegraph and Texas Register (Houston, Tex.), Vol. 2, No. 21, Ed. 1, Thursday, June 8, 1837 Page: 2 of 4
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xx. joint resolution from the senate, reqcdving a committee to
xfonsult on the expediency of carrying on an offensive war, was
Concurred in, and
Messrs. Baker of Austin, Baker of Matagorda, Wharton,
Roman and Rowe were appointed.
An act for the incorporation of Washington college,
Passed without a donation in land. ,
A bill to suppress gambling,, '
An act incorporating the town of Nacogdoches, also.
An act incorporating the town of Liberty,
With all the principal towns in Texas,
A substitute act legalizing marriage contracts,
An act authorizing the administering of oaths by officers of
oertam rank in the army.
An act for relief of free persons of color, was
.r-j Read o third time.
An act to authorize the consolidation and funding the pub-
Read a third time.
An appropriation of four leagues of land, and
The incorporation act of the town of Liberty,
A bill from the senate affixing the salaries of
An act compensating for loss 6f property, with some amend-
ments, On its second reading.
By Mr. Allen, a resolution, authorising the president to
withdraw unsold Texas scrip, now in the hands of the United
ByJ)r. Rowe, a resolution, that government drafts be re-
ceived in payment for government fees.
By Mr. Holman, authorizing the post master general to ex-
tend the mail routes.
By MrrRoman, that the validity or invalidity of empresa-
"rios' claims are properly referable, not to the legislatnre, but to
' An act, from the senate, establishing a rate of interest,
'' With amendments,
Was read, and
Ordered to lie on the table.
An act to incorporate the trusteesof Jndpendence academy,
Passed its third reading.
. . By Mr. White, a bill for the redemption of the public,
And establishment of a government bank,
Read a first time.
By Dr. Rowe, a supplement to the land bill, which was
Supersceded by the adoption of a substitute by Mr. Baker,
On which a discussion ensued.
Mr. Rowe said that he would first speak of the provisions of the
supplement, and then examine the merits and demerits of the substituto
offered by theentleraan from Austin. The first section of the supple-
ment he said proposed to discontinuegranting lands to emigrants, from
and after the first day of Januar)r next, and also qualified the powers
granted to the president in the 28th section of the land bill passed last
winter. The first provision he said he could not approve of; he believed
it to he the policy of this government, to hold out to emigrants all the
encouragement and every inducement within their power; for the
strength of a government does not consist in uninhabited and unculti-
vated lands, but in its population accompanied by a few other requisites,
such as wealth, virtue, intelligence &c, which is never wanting in the
Anglo Saxon race. He said" that he had frequently been told that there
was no necessity to continue giving lands to emigrants, that they were
oourins? in upon us dailv. and that we should cease at once giving away
our public domain, unless we knew Texas had no bounds. He said that
he for one was glad from his soul to see them coming, he hailed it a s the
'beginning of brighter days for Texas, and believed that if the same pol-
icy was continued, for a few years only, wo might then be, what we now
profess to be; he had no fears about the bounds of our public domain, and
'would be willing to give it all away to emigrants, and risk the couse-
The latter provision of the section confining the powers of the pres-
ident, he said was indispensibly necessary; he said that when congress
passed that law last December, they confided in the judgment of the
president, believed him to be the people's friend, and that he would act
-accordingly, but they were deceived, he vetoed the bill, which passed
over the veto by a vote of 23 to 5 in one house and unanimously in the
-other: the bill provided that the president should appoint the several offi-
cers therein contemplated, which he has refused to do: it gave him the
power to close the offices in caseilie country was invaded. He has done
bo, if a thing can be closed before it has opened. He said he was un-
willing longer to place power in the hands of a known enemy to the bill,
one who had set his judgment up against that which 36 to 5 representa-
tives of the people had recommended, and which ninety-nine hundredths
of the people now calls for. Why he failed to appoint the officers, and
why he now closes the ofhce& withou legal authority, was Known oni)r
toliimselfj he supposed.
Another feature of the supplement he remarked was, that it provi-
ded that the "commissioner of the general land office might under the di-
rection of the president, sectionize any portion of the country, in any
manner he might think proper, which was merely intended to cover the
scruples of some who contend that the constitution requires it, not that
be believed so, or believed that policy required it; he said it provided
further and very correctly too, that such sectional lines, shall notin any
way, interfere with any survey which has been legally made, or with
any location or stirvey which any person claiming lands under the con-
stitution and colonization Jaws, may wish to make. He said it would
at first appear that such a provision was useless, believing it so well
guarded and provided for already, but these were stange times, and we
lived in an age of wonders, and he was not surprised to hear it frequent-
ly said, and that too, by men of legal profession, that it is perfectly com-
petent for congress to regulate and prescribe in what manner all future
locations and surveys shall be made, no matter when the claimant emi-
grated to the country. He said when he first heard the remark, he treat-
ed it -with indifference, but that it has now assumed a serious shape, and
as strange as it may appear it is now acrually introduced and recommen-
ded by the gentleman from Austin in his substitute; he said he thought
every body in Texas excepting that gentleman, knew that the coloniza-
tion laws made a grant of land to emigrants, and the same laws gave
them the right to locate it in a certain manner therein prescribed, (in the
form of a square, or if on a water course to front half the distance and
run back for quantity, &c, and they do not in any case confine the
location to be made or surveyed to the cardinal points of the compass,)
and now gentlemen will say that we have a right to deprive them of a
legal right, one which the people would not surrender for two thousand
dollars a league, and a right too, which this government has novor given
hundreds of its citizens an opportunity to vest. The colonization laws
say that emigrants shall be entitled to lands, and that they may locate ,
it it tney cnoose; u nas never yet nxed any penalty lor tailing to ao so,
and how they faave lost their rights was truly a mystery to him. This
government he repeats has not afforded an opportunity at any time, to
thousands, who claim lands under the colonization laws, to locato them
and to get a title for them, and can the government take advantage of
its own wrong? and now declare to the people that because they did not
locate their lands before the said laws were repealed, that they have for
feited the legal rights which they fonnerly secured to them! He de- jthe table by Mr. Wharton, and ordered to be recorded by the clerk on
clared that if such were the principles of a majority ot the house, he (motion of Mr. Baker of Austin.
would say farewell to the liberty of this people! asked if the people
would submit to it, and answered never, no never.
After noticing a few other less important features of the supple-
jment, he commenced an examination of the substitute, and said that he
'could not agree to its adoption, one provision of which seemed to be for
the special benefit of the city of Houston and of congress ; it proposes
to permit every person, no matter whether he be friend or foe, Mexican
or American, who ever had an empresario contract to a colonv in Texas,
jto sue the government, and that they shall sue in the county where the
seat of government is located, and that in every case the attorney gen-
eral shall have a fee of $500, and that the president may employ other
assistant counsil for the government, which provision if adopted will
expose this impoverished government to an additional expense or htty
thousand dollars, without forwarding the ends of justice one iota, he be-
lieved the rights of empresarios were already secured to tliem by the
constitution and existing laws, if they have titles perfected to their pre-
mium lands agreeably to law 'heir right will he respected, and if any
person should intrude upon their lands they can easily remove them by
a writ of ejectment; and if this government owes them any premium
lands, the land bill which passed last winter amply piovides for them,
for the law declares that the land offices shall be open, and that all legal
claimants shall have a title to their lands. Now, Mr. Chairman if an
empresario has legal claims they arc bound to be respected, and if an
officer should refuse to acknowledge them, the claimant might carry it
before the judiciary, by a writ of, mandamus, and his claims would then
be investigated without all this enormous and unnecessary expense.
Another provision of the substitute he said was that the whole ter-
ritory should be sectionized, and that all surveys heretofore made should
be respected, and that the commissioner of the general land office and
the president might give such instructions to the deputy surveyors as
they might please, thus placing it in their power to confirm all future lo-
cations, to such forms and such places as they, in their fancy might in-
vent, or their prejudices or interest may dictate, and (hereby deprive the
citizens of their legal and dearest rights; the injustice and absurdity of
which he had spoken of when discussing the provisions of the supple-
ment. He noticed other piovisions of the substitute of less importance,
giving his objections, and finally concluded by saying that if the princi-
ples laid down in that substitute should be sanctioned by this house, and
should be carried out, he for one would sell whatinterest he held in Tex-
as for a Spanish pone, to leave the country upon.
Mr. Baker replied at considerable length, reviewed the
arguments of Dr. Rowe commented on the inefficiency of the
supplement, and the beneficial results to the army and -country
at large by the adoption of the substitute.
It was adopted ;
Head in committee oi the whole, and
Wedxksday, May 31.
Uhe house nW pursuant to adjournment.
A quorum not being present the serjeant-at-arms was despatched
in search of absentees.
The house being formed,
On motion of Mr. Wharton, the house proceeded to the election of
a Keporter in place ot Mr. 1'alvel resigned.
Mr. Wharton nominated Lovy L. Laurens for the office; which
being seconded by the spoaker, he was unanimously elected.
The joint resolution from the senate, extending time to the execu-
tors of S. F, Austin deceased, was taken up and read; and, on motion,
Laid upon the table.
The joint resolution, with amendments, fiom the senate relating
to elections in the depopulated districts was taken up and read.
Mr. Wharton moved that it be amended to continue during the
Mr. Brush objected.
The speaker said the house could not legislate but for one year.
Mr. Wharton expressed his unwillingness to withdraw his amend-
ment, and, on
The question being taken on his amendment to the amendment, it
was agreed to.
The secretary of the senato appeared with a message from that
body, stating that it had agreed to the amendments of the house to the
bill for the benefit of James Irwin and others.
Also the passage of the joint resolution authorizing the appoint-
ment of secretaries of legation to France and Erg!and.
The amendments of the senate to the bill incorporating th; town of
On motion of Mr. Gant, were concurred in.
The first rule of the house was suspended to enable the house to
go into a second reading of the bill from the senate, appointing secre-
taries of legation to England and France, with salaries of $3000 each
per annum, and the appointment of the present commissioner to Eng
land as minister plenepotentiary, and mo appointment or a commis-
sioner to France with plenary powers.
Mr. Billingsloy moved that the words " to be paid in money in the
treasury not otherwise appropriated," be stricken out.
Mr. Branch objected lost.
On motion of Mr. Rowe, the words "unforeseen cause" were
Mr. Gant moved that the whole of the last section with investing
the minister to France with " plenary powers" be stricken out lost.
The rule was further suspended to enable the joint resolution to
be carried to a third reading.
The rule was further suspended to enable the joint resolution call-
ing upon the attorney general to make a report to the next congress,
organizing the accounting officers of government, the words " under the
direction of the president" were stricken out.
It was finally passed to a third reading and adopted.
Mr. Rowe proposed that the bill relative to the post office be taken
up, which was agreed to.
It authorizes the postmaster general to extend certain mail routes
so as to meet the U. S. mail adopted.
Mr. Branch moved that "the act supplementary to an act estab-
lishinu fees of office" be taken up, providing ten cents mileage for
sheriffs, constables, and bailiffs; and solicitors in gambling cases to re-
ceive the same fees as in cases of felony.
Passed to a third reading and adopted.
Mr. Baker of Matagorda called for the joint resolution repealing a
clause of the militia law.
Read a third time and passed.
On motion, the revenue bill was taken up.
It was amended so as to make coffee pay a tariff of one cent per
Apples and peaches to pay 25 per cent, ad valorum.
Salt to pay three cents per pound.
Mr. Billingsly moved that the house adjourn lost.
The revenuo bill was resumed.
It was altered to make
Jewelry pay thirty-three and one third per cent, ad valorem.
An ineffectual motion to adjourn was made, and
The bill again further considered.
The house adjourned till to-morrow.
Thursday:, June 1st.
The house met pursuant to adjournment.
The house was opened by a prayer from the Rev. Mr. Hall.
A message from the president was received.
The journal being read, the message of the president refusing to
sanction the joint resolution, requesting a flag of truce to be rent to
Mexico, was taken up, and after being read it was moved to be laid upon
Mr. Baker of Austin presented a petition from John H. Harry, for
relief, which was referred to the committee on claims and accounts.
Mr. Allen of Milam, irom the committee cii claims, made a report
authorizing the auditor to audit certain accounts under certain circum-
stances. Mr. White offered a joint resolution amending the act entitled an
act supplementary to an act for establishing fees of office.
THE LAND BILL. N
On motion of. Mr. Branch, the consideration, of theXand BilLwas
A message was received from the senate by tneir secretary, in-
forming the house that the senate had passed a joint resolution, insti-
tuting the department of 2d auditor and comptroller.
The Land Bill being on its third reading and final passage, the
iaes and noes were called for: previously "Mr. Allen wished the bill to
be altered, but the speaker declared the motion out of order, and the
ayes and noes were called, when 18 voted in the affirmative and five
in the negative; so the bill passed. " "
On motion, it was entitled
" An Act supplementary to an Act establishing a General'Land
Office in the Republic of Texas."
Mr. Baker of Austin assumed the chair on the call of the spoaker,
The Revenue Bill was again called up for consideration, and being
under deliberation, Mr. Brush of Refugio offered an amendment, which
was adopted, defining certain boundaries of a collective district of the
revenue, to be known as the District of Aransaso.
The speaker lesumed h"s seat. A motion was made by Mr. Rowe
abolishing the District of Red River. Mr. Branch moved, as an amend-
ment, that the words " not to go in operation untill the boundary line
be defined" be annexed as a proviso. A quorum not being present the
amendment was not acted upon, and the serjeant-at-arms was, sent in
search of absentees A quorum being present, Mr. Gant hoped the
amendment would not pass, as he saw no reason why the eastern por-
tion of Texas should be exempted from taxation, while the western por-
tion was laboring beneath a tariff. Mr. Branch withdrew his amend-
ment. The title of the district of Red River, on motion of Mr. Rowe, .was
altered to the title of District of San Augustine.
Mr. Rowe moved that the words " gold, silver, &c, for payment
be stricken out, considering that the government, like an individual,
should be responsible for its contracts, if it was desirous of maintaining
its honor, faith, and character doncurred in.
Mr. White moved a leconsideraticn of the vote for the purpose of
inserting "government paper," Inch was agreed to; when he moved
that the words ' properly audited drafts on the treasury of this republic"
be inserted in the original clause. Mr. Gant hoped that it would not
pa: ?, as it would defeat the objects of the bill. Mr. White's proposition
prevailed. On motion of Mr. Rowe the bill was ordered to be engrossed
for a third reading, The rule of the house being suspended, the bill
was ordered to a third rcoding, when it was adopted.
On motion of Mr. Brush, the house adjourned until 3 pjr.
HOUSTON, THURSDAY, JUNE 8, 1837.
We are authorized to announce Col. Henry Millard as a candidate
for Major General of the militia.
We are authorized to announce Col. James C. Neill aaa candidate
for Major General of the militia.
Bailey, Gay &. Hoxie arc our authorized
ton, on the Brazos.
agents at Washing-
Appoinlments by the President, by and uritk the advice and consent ' of the
Dr. Ashbcl Smith, Surgeon Goneral of the Army of Texas. 1&
G. S. Mcintosh, Secretary of the Legation to England.
The Tom Toby has just sent into Galveston harbour a very valua-
ble prize, being a large fine brig, strongly built and capable being fitted
out as a man of war, bearing guns heavier than any now in the Mexi--
can squadron. She was captured on the coast of Cam peachy and has
on board 200 tons of Salt. The Torn Tobv when last seen was in hot
pursuit of two Mexican schooners, this pursuit 'will undoubtedly prove
successful as "Fortune ever favors the brave." lt is gratifying to re-
flect that our flag flaunts over one brave band, whose dauntless spirits de-
light to career with the "Stormy petrel" over the tossing bill ows where
danger lights the "Path to glory and to fame."
A gentleman recently from Bastrop states that a few weeks since
a party of about thirty Indians came within a few miles' of that place and
stole one horse. The inhabitants immediately went in pursuit, overtook
the maraudeis and captured one of the only two horses they had, one
gun and all their buffalo robes, lareats, bows and arro-xs &e. The
scoundrels however escaped with their own'rascally hides almost unin--jured.
No depredations have been committed in that neighborhood
since. This gentleman further states that the ranging corps at the
fort above Bastrop are constantly on the alert, marching and counter-
marching along the frontier to the east and west. A company of 30
generally marches towards the Brazos 40 or 50 miles and then returns,
when a second company of 30 marches to the west, and upon its return
the former party set out again, each party continues out four days. - If
the trail of any Indians is discovered an express is instantly dispatched
to the settlements below warning them to be on their guard. An ex-
press of this corps communicated the intelligence of the above men-
tioned Indians in season to prevent their committing more extensive
depredations. This statement certainly does great credit to the com-
mander of this fort. We sincerely trust that we shall in time re-
ceive as gratifying intelligence from the fort at Milam.
Our soldiers on furlough are daily arriving in this city by fifties:
their remarkakably orderly and peaceful deportment entitles them to
great credit. Many of our citizens, previous to their 'arrival, had enter-
tained apprehensions that they would occasion continual disturbances,
from an erroneous impression of their character. - These brave men,
far from resembling the mercenary soldiers of Europe, wfio are mostly
collected from the dregs of society, have generally distinguished them-
selves by a remarkable pride of character; they are mostly inca-
pable of stooping to the meanness of engaging in drunken brawling riot,
and vulgarity. They remind us of the heroes of Napoleon, raised from
the noble and middle classes of France, talented, intelligent, and cou-
rageous; who gave to the armies of this first of generals an intellectual
and a physical energy, which proved irresistible to the hireling soldiers
of those sovereigns who confided in men raised from the peasantry and
boors. Those troops were never conquered until they met an army
equally distinguished for physical and intellectual energy and force.
This season of furlough will be productive of beneficial results, as
many of thse soldiers scattering through the country and eugaging in
useful labor, instead of debauchery, will everywhere meet with continu-
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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/m1/2/: accessed October 15, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.