Telegraph and Texas Register (Houston, Tex.), Vol. 2, No. 24, Ed. 1, Saturday, July 1, 1837 Page: 1 of 4
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I S T E
VOI.. li.T-NO. 24
WE LABOR FOR OUR COUNTRY
PUBLISHED BY CRUGER & MOORE,?
'' PUBLIC PRINTERS. J
HOtJSTON, SATURDAY, JUJLT 1, 1887.
TERMS, 5 PER ANN., IN ADVANCE
ADVERTISING, USUAL PRICES.
To legalize certain Marriages, and to provide for the celebration of
Marriages, and for other purposes.
Whereas, in many parts of Texas no person legally author-
ized to celebrate the rites of matrimony has existed; and where-
as, from that cause many persons, have resorted to the practice
of marrying by bond, and others have been Married by various
officers of justice not authorized to celebiatc su.ch marriages:
and whereas, public policy and the interests of families require
.some legislative action on the subject: therefore,
sBcit enacted by the senate and house of representatives of the
republic of Texas, in congress assembled, That all persons who
have so intermarried be, and they are hereby authorized to go
before any of the persons hereinafter provided for, and public-
ly solemnize the rites of matrimony; a&d ajl marriages so sol-
epfcized are hereby declared of legal ?md binding effect, from
the period the persons had previously intermarried agreeably to
the custom of the times; and the issue of such persons are here-
by declared legitimate children; Provided, however, that such
marriages shall be celebrated within six months from the pas-
sage of this law; and provided further, that no legal bar exists
to such marriage.
Sec. 2. Be it further enacted,, That in cases where persons
have intermarried as aforesaid agreeably to the customs of the
country, and either the husband or wife has died previous to the
passage of this law, then and in that case all such marriages are
declared of legal and binding effect, and the issue oi the same
are hereby legitamatized Provided, that such parties lived to-
gether as man and wife at the said death of either party.
Sec. 3. Be it further enacted, That all regular ordained
Ministers of the Gospel, Judges of the district courts, justices of
the county courts, and all justices of tpe peace of the several
counties of this republic be, and are hereby authorized to cele-
brate the rites of Matrimony between all persons legally au-
thorized to marry; Provided, that males under fourteen and fe-
males under twelve shall not marry.
Sec 4. Be it further enacted, That any person desirous of
marrying shall apply to ,the clerk of the county court, and shall
receive from him a license directed to all persons authorized by
this law to celebrate the rites of matrimony which shall be suffi-
cient authority for any one of such persons, to celebrate such
marriage; and any one of said persons so authorized, who shall
celebrate the rites of matrimony, without said license from the
clerk aforesaid, shall be liable to prosecution and on conviction
shall be fined in the sum of five hundred dollars.
Sec 5. Be it further enacted, That no clerk shall issue a li-
cense without the consent of the parerts or guardians of the par-
ties applying unless the parties so applying shall be in the case
of the male twenty one years of age, and in the female eighteen
jyears of .age; and any clerk offending herein shall on conviction
be fined 'five hundred dollars.
Sec 6. Be it further enacted, That the said clerk shall re-
cord all licenses so issued by him, in a well bound book kept for
that purpose; and it shall also be the duty of the person sol-
emnizing the rites of matrimony to endorse the same on the li-
cense and make return of the same to the office of the clerl? of
the county court within sixty days after the celebration as afore-
said; which return shall also be recorded as aforesaid.
Sec 7. Be it further enacted, That for each license so issued
the clerk ehall charge and receive one dollar
Sec. 8. Be it further- enacted, That all persons who have
married agreeably to the customs of the country having anoth-
er wife or husband living and shall continue tu live together as
man and wife sixty days after the passage of this law shall be
considered guilty of the offence of bigamy and shall upon con-
viction be punished as such.
Sec, 9. Be it further enacted. That it shall not be lawful for
:ahy person of European blood or their descendants, to inter-
marry with Africans, or the descendants of Africans; and should
any person as aforesaid violate, the provisions of this section, such
marriage shall be null and void, and the parties on conviction
shall be deenied-guilty of ahigh misdemeanor and punished as
B. T. ARCHER,
Speaker of the house of representatives.
President pro tern of the senate.
Approved 5lh June, 1837.
scrip issued by the commissioners, to the parties to the loan a-
foresaid, or any of them, to calculate interest at the rate of
eight per centum, per annum, on the amount the party so sur-
rendering may be entitled to, from the day and date of the loan
to the day of surrender: and shall issue to the person or his as
signee, land scrip at the rate of fifty cents the acre, in tracts of
six hundred and forty acres each: and the said secretary shall
issuer scriptothe amount of twenty thousand acres, to be divi-
ded and distributed to the parties aforesaid, in the ratio that the
amount they respectively hold bears to fifty thousand dollars, in
tracts of six hundred and fortv acres each: Provided, that the
said scrip shall not be located on land except by its legal subdi
Sec. 2. Be it further enacted, That before the parties or
any of them shall be entitled to receive his scrip under the pro
visions of this act, he shall file in the office of the secretary of
the treasury, by himself or a legally authorized agent or attor-
ney, a copy of the original contract, and also file a relinquish-
ment on his part, of all further claim upon the government or
the commissioners growing out of the contract aforesaid, and
accept and receive the said scrip in lieu of all liabilities what-
ever: and the parties who may not now file their relinquishment
aforesaid shall have six months to accept of the provisions of this
act and be entitled to all its benefits.
Sec 3. Be it further enacted, That the scrip issued by virtue of
this act, shall not in any manner interfere with the nghts or claims
of those entitled to lands as citizens of Texas at the day of the
declaration of Independence, but shall be placed on equal foot
ing with all otheV existing claims, as to the time and mode of
locating the same; and after the first day of October eighteen
hundred and thirty seven, shall have preference over all claims
originating after that time, and shall not be subject after loca-
tion to a higher rate of taxation than that imposed by law on
citizens holding lands of like quality.
Sec 4. Be it further enacted, That the parties holding the
scrip, issued under the authority of this act may transfer the
same, by assignment, and the assignees shall have all the rights
and privileges of the original holders: and the lands located
shall not be subject to forfeiture for want of cultivation or im-
provement and may be held by aliens: they are to be located
at the expense pf the government and titles be issued in the
same manner and held upon the same terms, as if the holders
thereof were citizens of the republic: Provided, That no lands
granted by this government, shall be located on salt springs,
gold or silver mines, copper or lead, or other minerals or any
Island of the republic
Sec 5. Be it further enacted, That any of the holders of
the loan shall have the right to surrender their scrip within six
months from the passage of this act and receive from the secre-
tary of the treasury whose duly it shall be to issue the same, a
bond from the government for the principal and interest at the
rate of.twelve and a half per centum, per annum, pledging the
faith of the government for its redemption and redeemable at
Sec. 6. Be it further enacted, That the form of the scrip
issued by virtue of this act, shdll.be such as expresses jn sub-
stance the provisions of this act.
B. T. ARCHER,
Speaker of the house of representatives.
President pro tern, of the senate.
Approved, June 3d, 1837.
FIRST CONGRESS FIRST SESSION.
For the relief of James Erwin and others.
Whereas, Stephen F. Austin, Branch T. Archer and Wil-
liam H. Wharton as commissioners of the government and peo-
ple of Texas, did on the twentieth day of January, eighteen
hundred and thirty-six, contract with James Erwin and others,
in the city of New Orleans for a loan of fifty thousand dollars,
all of which was paid at the time; and whereas existing circum-
stances renders it impossible for the government to comply strict-
'ly with the conditions of the aforesaid contract; and whereas
the1 holders 6T the aforesaid loan, have voluntarily expressed a
wjjlingness to release the government from conditions that would
be unjust and ruinous to the interests of the country; and the
congress of Texas bejng desirous of executing, in good faith all
iteobjigatipns: Therefore, .
iBe it eflwztedby.the'isenatc and house. ef representatives of the
ripmlic'f,TiMu in congre, asemhkd, That the-secretary of the
ffiTiwrj &e and he is hereby directed, upon the surrender of the
S"at01U)ay, June 3d.
The senate met pursuant to adjournment.
Prayer by the Rev. W. W. Hall.
Mr. Ellis from the committee on the judi ciar', to whom was re
ferrfid the bill prescribing the manner of nrovmn- deeds, submitted a
report recommending that the bill be indefinitely postponed.
JYir. JMiis reaa some sections oi uib uuv upon mm buujbui, pusauu
by the congress of this republic, which he conceived provided fully for
the proving oi deeds andsucn instruments, anu conunuea
If, sir, the probate and record of such instruments were permitted
to be taken in other than the place where the land was situated, how
manv frauds could be practised bva transfer of lands in different places
by persons having no title to them, or even by persons owning selling
them at different times.
Mr. Irion asked if that bill would not pass, how was it possible for
the records of deeds to be had in Bexar, Goliad. Refugio, or any 6f the
The senate received and concurred in the report.
Mr. Irion from the committee on enrolments, reported sundry bills
as having been enrolled and presented to the president for his approval.
Mr. Horton, from the committee to whom was referred the bill in-
corporating the town of Liberty, reported the same without amend-
ments, which was
Concurred in by the senate.
On motion of Mr. Ellis, the message of the president vetoing the
joint resolution for sending two armed schooners to Matamoros, was
taken up, and the ayes and noes called lor,
Whether the reasons of the veto were satisfactory or not.
Those who voted in the affirmative were, Messrs. Grimes, Ellis,
Everitt, Hill, Horton, Irion, Lester, Robertson, Soraerville, and Wilson
10: and Mr. Augustin in the negative.
The senate then adjourned until 8 o'clock, P. M.
8 o'clock, p. m.
The senate met pursuant to adjournment.
Mr. Wilson moved that the bill suspending the operation of execu-
tions be taken up, and again urged the necessity of passing such a law.
Mr. Horton opposed it.
The question being taken the motion was lost, and the bill still lies
on the table; the senate having refused to act on it.
Mr. Robertson moved to adjourn until Monday morning 9 o'clock
A message was receh ed from the house of representatives, in-
fornrng the senate of their concurrence in various bills and amend-
ments passed by the senate.
On motion of Mr. Hill the senate adjourned until Monday morning-
HOUSE OF REPRESENTATIVES.
Satceda-V, June 3 -t V
At 10 o'clock the house was called to orden
Prayer by the Rev. Mr. Hall.
The speaker presented petitions from the inhabitants of-
Velasco and Houston, for the chartering of companies to estab-'t
lish an Exchange Hotel and Bath Houses at those two points.
Un motion tney were reierred to a select committee
Messrs. Wharton, Allen of Milam, Baker of Austin,, and Ganij
were appointed the said committee.
Mr. Boyd from the committee of enrolment, made a report
of acts, &c, approved by the executive.
Resolutions, to appoint a commissioner to run a boundefy
line between the U. States and Texas.
For the relief of ministers of the Gospel.
Bill for the better protection of the northern frontier.
An act for the suppression of gambling.
Resolution to appoint an agent to the court of. Great
An act organizing the counties of the republic.
An act for the relief of J. M. Allen.
The secretary of the senate appeared with a message froa
The house, on motion of Mr. Allen of Nacogdoches, resolved
itself into a committee of the whole on the state of the republic
n secret session.
Whereupon the galleries were cleared and the doors closed.
After remaining some time in secret session the doors were
Mr. Allen was called to the chair, the speaker being ez-
cused from indisposition.
On motion of Mr. Roman the house adjourned unt&8 ?.'s
8 o'clock, p. at. "l
The house met pursuant to adjournment. ' ' '
On motion of Mr. Baker of Austin the land bill, as returned
from the senate was taken up.
A message from the senate was received.
From an omission in the land bill from the senate, it was '
On motion of Mr. Ro we .sent back to that body for cor-
rection. Mr. Arnold, on leave, introduced a memorial from the citi
zens of Mustang Prairie, calling for assistance to protect them
from the incursions of the Indians on the frontier.
Mr. Brush was desirous of referring the bill to a select cona-
mittee with instructions to report forthwith.
Mr. Baker made a motion to have a select committee tip-
pointed to wait upon the president, and confer with him on the- ,
Mr. Arnold sided with Mr. Brush.
Mr. Baker entered into a long explanation of his views,,
and replied to some asperities of language indulged in witfa.
reference to the president by Mr. Brush.
Mr. Brush's motion was lost.
The motion of the member of Austin was then taken up,
and agreed to.
Messrs. Allen of Nacogdoches, Billingsley, and Faker of
Matagorda were appointed to form that committee.
On motion of Mr. Brush, Mr. Chenoweth -was added to feat '
A message from the president was received through hi
The land bill having been corrected by the secretary of
the senate and returned to the house, was called up for con-
sideration. The amendments of the senate having been read to-the
house, and submitted to the judgment of that body, they were
The message of the president was read returning' the act
submitted to him for signature, making provision for the rtlidf
of such persons as have lost property during the war.
On motion of Mr. Baker, the returned Bill was lai'd kpon '
the table until Monday.
The motion was reconsidered to enable- Mr. White to in-
dulge in a few remarks, when a short debate took place on a
question of order.
Mr. Baker renewed his motion to lay on- the table, which
was agreed to.
The speaker was excused, from indisposition, and Mr. Bil-
lingsley called to the chair.
An act to incorporate the Independence Academy and
University of San Augustine, was laid before the house.
An act to establish fees of office with an amendment from-
the senate, changing the rate of milage from 10 to 5' cents per
mile was agreed in.
The joint resolution relative to the militia law, aspassed by
the house, was reported to have been concurred in by the senate.
The resolution for the relief of J. Bryant and S. Francis
from the senate, was read.
The rule was suspended, on motion of Mr. Rowe, to give
the bill a second and third reading on its final passage.
The joint resolution passed.
The bill to ascertain the public domain, and define its loca-
tion, reported from the senate and laid before the house, on mo-
tion of Mr. Wharton was
Ordered to a second reading. t
On motion of Mr. White, the joint Resolution extending tlfe
stay of executions, being on its second reading, was taken qp. ,
Mr. Gant moved it be referred, to the, judiciary committee,
which was not agreed to. n
Mr. Rowe begged leave of absence for the balance of the
session, which was not complied with. "
On motion the house adjourned till Monday morning.-
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Cruger & Moore. Telegraph and Texas Register (Houston, Tex.), Vol. 2, No. 24, Ed. 1, Saturday, July 1, 1837, newspaper, July 1, 1837; Houston, Texas. (texashistory.unt.edu/ark:/67531/metapth47937/m1/1/: accessed June 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.