Texas State Gazette. (Austin, Tex.), Vol. 1, No. 17, Ed. 1, Saturday, December 15, 1849 Page: 4 of 8
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MXAS 'STATUS WETTE
DEC 15
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Utmi& of flje Mattirt
SENATE.
! ' FRirWA 9 o'clock a. Mi November 30th 1
A bill authorizing the Governor to subscribe far 1500
1849.
copies
Wallace chairman of the committee on Enrolled Bills
a joint resolution relative to the removal ot certain tribes
txivond the limits of the Stole bl Texus correctly en-
wS&digdst of' Hie law's of Texas proposed to be' published by O.
. U. hartley Esq ; read first timti
? MrtLatlmor chairman of tho committee- cm1 Public Lauds
-rtjkrted a billtordpeal mi act for ttid rdliof of 'John S. Black
and sundry other citizens of Harris county; wliicli was read
nrst time.
lMr.v
disported
of Ifidirfnsr
rolled and that the same was presented to the Governor for his
approval on tho 25th inst.
W A bill making addfCiOMal 'appropriations of land for purposes
bf educatioh read second time and on molion of Mr". Wttrd)
'ifefcrrcdHa?ttoo'commiUee on Public Lands. ' '
'A bill to incorporatoUhe Marshall Cemetery Company; read
tecond time audon motion of Mr. Latimer referred tolhecom-
Smfttee on the Judlciury. "f
Tho renortof thd committee on County Boundaries offering a
' substitute fdr n bill defining tho boundaries' of tho county of
Santa Fo ; read and adopted and bill ordered to be engrossed.
"Mr. Grimes chairman of the committee on Apportionment
on part of tha Senate reported a bill to apportion the Sonators
!ond Representatives of the Legislature among tho several coun-
ties of this Stato ; read first time.
" A bill to amotid the ninth section of an act authorizing and
"requiring the county courts to regulate roads and appoint over:
seers &c. ; read.
Mr. Grimes offerecl tho following amendment to the Cth sec-
tion : strike out alt after "year" in the 6th line" ; adopted
0;On motion1 of Mr. Latimer the bill was referred to the com-
.tlni'mee1 on Roads Bridges and Ferries.
A bill to provide for the civil organization ot the counties ol
Presidio El Paso Worth and Santa Fe together with tho report
;ot tno committee on me juaiciaryouermg amendments tnereio
'was read and amendments adopte'd.
Mr. Wallace moved to amend the 4th section by filling the
$jlapfc with 500 and striking out all after tl dollars" to li the word
s"; adopted.
'WQrt motion of Mr. Robertson the bill was referred to the com-
mittee on Military Affairs by tho following vote:
T Yc'as t Messrs. Brashear Cooke Davis Kinney McRao Mof-reU.-Ifofkef
'Portis Robertson Trnifc and Ward 1 1.
k'Nays1: Messrs. Gage. Grimes Hart Latimer Pease Phillips
Van Derlip ond Wallace S.
&'& message wag received from tho House of Reprcsehtatiyes
informingtho Senate that the House had passed (he following
vf ""A bill to amend the 3d'section of an act to' regulate the pub-
tyfrprijuitig: s . r ' "v '
iw A'bill' to provide' for the permanent location of the seat of jus-
tice for Cass county ; ' ' '
A'bill to authorize theclerks of the county courts ih the State
''cm TexSs to take tho separate acknowledgment of married Wo-
'mori fo deeds executed by them which were sevbrally read first
aturte.
"Xbill concerning passengers coming to tha State of Texns
Mogethe with thd report of the Judiciary co'mmittee thereon was
' read) and on motion of TVtr. Brashear bill was laid on the table
fand'mado the special order for Tuesday the 4th December.'
' Oh motion of Mr Parker the Senate adjourned.
'Wv!!
Representatives in tho United States Congress to procure the!-
usuiuiisiiuiuiH 01 certain uiiiu roiues upon which mu mun ou
be transported in Coaches and bucks together with tho report of
tho committee on Federal Relations offering an amendment there-?
to was read and report adopted.
On motion of Mr. Robertson the bill was laid on the table
Mr. Portis introduced a preamble and joint resoluuonsinstruct-
ing our Senators and requesting our Representatives in the Con-
gress of tho United States to demand of the United States pro-
tection to the State of Texas from the domestic violence and tl.'e
immediate recognition of the Western boundary of the Stato of
Texas as defined by tho laws of this State and guarantied by tho
jpmt resolutions of annexation ; read first time.
Mn Brashear introduced a joint resolution to appoint a commit-
teo to take into consideration the? erection of a iire-proof Latid
Ofiice ; laid on the tabid for one day.
A message was received from the House of Representatives
informing the Senate that the House had adopted a substitute for
a bill to authorize and empower all State District and County
officers to continue to porlorm tho duties of their lespective of-
fices until their successors are elected and qualified according to
law which originated in the Senate
On motion of Mr. Pease the bill was laid on the table and
made the order of the day i'or Monday the 3d inst.
A bill to provide for the civil organization of the counties of
l'residio 131 Paso Worth and Santa 1 e together with the report
of the committee on Military Affairs offering an amendment
Was read ; amendment adopted.
Mr Robertson moved to lay the bill on tho table ond make
it the special order of the day for Monday the 3d inst. ; lost.
The bill was then ordered to be engrossed.
A message was received from tho Governor presenting the
following communication in writing; which was read and on
;inotion of Mt. Gage refened to the committee on Finance.
&w
rciprKKitp.inejuaic
MrMcRakulsp
UdlTther 'cftizens o
was on motion of Mr. Wallace" lefcrred
itjiout leading.
lowing bills :
SATUitnA.y 9 o'clock a. m. December 1 1849.
SpVIr. Wallace presented tho petition of the citizens of Jasper
xJowTty : Which was read and on motion of Mr. Wallace refer
red to the Judiciury committee.
""IMr. McjRae presented the petition' of sundry citizen; of
v Jasper counjy; which was read aud on motion of Mr. McRae
nary commuico. k r
presented the petition of George Dougherty
fJNewtown douniy ;" which vvns ou-motiou of
Mr.McRae referred to the committee on the Judiciary without
reading.
J&fcMr. Wallace presented tho petiton of William Shipp and
Saftih Corzino ; which was on rnotio
to tke committee on Public Lands wi
k'Mr." Van' Derlip introduced the foil
( VA bill to nrovide Air deductions from the salaries of District
Jifdges and District Aitprueys who foil or neglect tq perform the
duties assigned tb.em4y law; a bill to defijifc ihe time of hold
'lug tiielDistrict Courts in tha Eleventh Judicial District of the
tate&Texasj aud a bill to establish the JBloverUh Judicial Dis-
FrTctof the State of Texos ; which were severully read -first
tnno - t
t tr Mr Grimes introduced a jofnt resolution to authorize tho Comp-
"jroller of public AccQunts to.sell certain property pertaining to
the' lato Republic of Texas ; read first time.
A bill to amend the 3d section of an act to regulate the puh-
lil'tc printing; read secqnjl timej and on motion of Mt. Wal-
laco1 referred td the committee on Finauco
(A bil to provide for the permanent location oLthe seat of jus-
TpW of Cass cpnnty; read second time and.on mdtiph of Mt.
Eatimerj referred to the committee on County Boundaries.
t " Abill to authorize tho several clerks of the county courts in
he Sidlo of Tqxas to tke the separate acknowledgment of mar-
riK'womeri to ueds executed by them; read second' time and
pji;motiou of 3r. Partis referrcl tq the committee on tho Judi-
Ab11l'tojrejicalfan acFfor the relief of John S. Black and
pothers ; read second time and on motion of Mr. Brashear made
tfie special order ot la day lor Tuesday the 4th inst.
Abilliinthoriztijg tfie' Governor to subscribe for lpOQ copies
fot a digest )rbposed to be published by O. O; Hartley Esq.-;
'bjll to provide the mpae of adoption ; Vead second Ume
vqyfcnou the engrossment df tha bill was talcen arid lost.
fr6tidn of JMr. Brashear the vote refitsing ttf engrass the
biUwa3econsidered; and on rrfotlcn ol Mr. Guge bill laid on
tho.tuble.unlil Mondnv. the 3d inst.
;vi AlbuUfoliappdrtion th6 SSnators arfd Representatives of tho
lidgi?latrir6Um$hgtho several couptjes()fethisi'State ; read'.se-
Rxecutivc Office November 30th 1849.
Gentlemen of the Senate :
The Exccutiye has tho honor to acknowledge the receipt of
a resolution of your Honoruble body requesting him to inform
the Senate under what law or authority he ordered into the ser-
vice of the Stato the two companies of troops referred to in his
message and his reasons for so doing &c.
In reply he has the honor to say that in May last information
of a most reliable character was received by him that the country
around Corpus Christi and between that place and the Rio Grande
was infested by lurge bodies of hostile Indians who were com-
mitting almost daily extensive depredations aud frequent mur-
ders upon the citizens of that portion of our State. The enter-
prising pioneers who were attempting to form settlements in
.that quarter were not only interrupted in their employments but
a.uven into tne neignooring towns iu many instances compelled
to' abandon their burning homes and every thing they possessed.
It was at the same time known to the Executive that several
companies of the United States troops principally infantry and
artillery were stationed on the Rio Grande but it was equally
well known to him that this force either from its injudicious dis-
position or from a want of adaptability had proved itself utterly
inadequate or unfit for the purposes of protection. That such
was the fact was neither the fault of the officers or men who
composed this force; it arose necessarily from the nature of their
organization belonging as they did to an arm of national defence
wholly unfit for the peculiar service required. They are un-
able to protect against such an enemy moving uniformly on
horse-back and with great celerityany more than the space cover
ed by their encampments or within lange of their guns.
The Government of the United States was addressed directlv
upon this subject as well as its military officers in immediate
v -. Monday 9 o'clock a M'Dec 3d. 1849.
Mr. Pease introduced u bill to authorize any two county com
missioners to perforin the duties of Chief Justice of tho county
court) when said ollice is vacant or when said officer is absent
from the county oris unable or disqualified to act ; read first
time.
Mr. McRao introduced a bill for the relief of tho citizens of Jas-
per county ; read Grst time.
On motion of Mr. McRae the rule requiring bills to bo read
on three several days was suspended ; bill read second time and
relerrcd to tho committee on Public Lands.
Mr. Davis introduced a bill supplementary to nn act creating
fees of office approved March 20th 1848 ; read' first time.
A bill to provide for the payment of jurors' ; read anu on mo-
tion of Mr. Robertson laid on the table (ill'to-morrow.
The Senate refused to adopt the substitute? of the House for
a bill to authorize and rcquiro all State District and County offi-
cers to continue to perform the duties of their respective offices
until their successors are elected and qualified according to law.
A bill to prescribe the modoof adoption ; read.
On motion of Mr. Phillips bill was laid on the table.
A message was received from the House of Representative?
through their Chief Clerk informing the Senate that the House
had adopted the icsolution of the Senate appointing a committee
to examine the Penitentiary and report thereon with amend-
ments in which the Senate concurred.
Also that the House had passed a joint resolution authorizing
the procurement of a slab of native marble of the required di-
mensions to be placed in the National Monument being built in
the city of Washington; and joint resolution for the roliefof
James M. Manning : which were read first time.
Preamble aud joint resolutions instructing our Senators and
requesting our Representatives in the Congiess of the United
States to demand of the United States protection to the State
from domestic violence and the immediate acknowledgment of
the Western boundary of the State oi Texas as defined by the
laws of this State and guarantied by the joint resolutions of an-
nexation ; lead second time and on motion of Mr. Portis refer-
red to the committee op Federal Relations
Mr. Kinney introduced a bill to incorporate the Nueces Man-
ual Labor school ; read first time.
Joint Resolution to authorize the Comptroller of Public Ac-
counts to sell certain property pertaining to the lato Republic of
Texas; read second time and ordered to be engrossed.
The resolution to appoint a committee to take into considera-
tion the erection of a fire proof General Land Office was read
and on motion of Mr. Brashear referred to the committee on the
Judiciary.
On motion of Mr. Portis the Senate went info on election of u
Senator to examine the Penitentiary.
Mr. Portis nominated Mr. Brashear.
There being no other nomination Mr. Brashear was selected
to perform that duty.
Mr. Robertson offered the following resolution :
Resolved That the Governor be respectfully requested to lay
before the Senate all information relating to tho interest or gov-
ernment of the county of Santa Fe that may have been leceived
by him sinco his last communication to the Senate on that sub-
ject; adopted.
A bill to establish the 11th Judicial District of the State of
Texas; read second time and on motion of Mr. Van Derlip re-
ferred to the Judiciary qommittee.
A bill to define tho time of holding the District Courts in the
llth Judicial District; read sepond time and on motion of Mr.
Gage leferred to the Judiciary committee.
A bill to provide for deductions from thd salaries of District
Judges and District Attorneys who fail or neglect to perform the
command here. They were slow however to recognize the
necessity of action on their part and the State was left no other
resource against outrage and violence biit an appeal to the patrio-
tism of her own citizens to protect her territory against savage
cruelty.
In this condition of things when the cries of his follow-citi-zeus
for help were reaching him every day; when every new mes-
senger from that quaiter was but the herald of some new outrage
of some jnore startling atrocity the Executive never thought ot
.appealing to the statute-book to ascertain the nature or the extent
of lus ollicial duty. Tins was indicated to him with sufficient
force and clearness by the common instincts of nature and hu-
manity. We do not seek in Written codes any authority or sanc-
tion for defending our persons ahd our property against aggres-
sion and wrong; it is an impulse of our nature older than the
law superior to all the guarantees of the constitution..
The same paramount right and duty attaches to him -who is
entrusted with the government of a State to employ its means
to repel violence and protect it from injury. Aside from these
considerations it js believed by the Executive that in accepting
the services of these companies he acted iu strict conformity to
tho constitution. The fourth section of the sixth article of that
instalment dedlarcs that " the Governor shall have power to call
lortn tne militia to execute tno laws ot tne estate to Tepress in-
surrection and repel invasion." The emergency which he con-
ceived to exist may not technically beheld either an insurrec-
tion or an invasion but to the State and its citizens the conse-
quences were the same; tin dor this section if the power exer
cised in the instance under consideration be not vested in the
Executive he confesses himself unable to Understand either the
force or the application of the language. If) however it should
bo held that the constitution does not sustain him in the course
he adopted the Executive does not court but will not shrink
from condemnation preferring far to be condemned for employ-
ing irregular means to do a praiseworthy act than to be commend-
ed for folding his arms according to law and looking with un-
concern upon the sufferings pf his fellow-citizens. Should your
Honorable body adopt the opinion that the Executive in this in-
stalled acted improvidently and without the sonction of law ho
indulges the hope that this circumstance may not impair the
claims of thosd Whose services and means were placed at the dis-
posal of the Stato to protect the lives and property of her people.
Should the Legislature fail to do this we can have no reason tP
expect that the. General Government will recognizo the neces-
sity of the call of make provision for their payment and tho
consequence will bo that on future occasions when the State may
need the aid ond services of her citizpns her call may be as cqld-
fy.and indifferdntly responded to as she now responds to them.
x nave ine uonorao be
duties assigned them by law ; read second time and on motion of
Mr. Gage referred to the Finance committee.
A bill to regulate ferries together with the repoit of the com-
mittee on the Judiciary offering amendments thereto was read
and amendments adopted.
The bill was then ordered to be engrossed.
A bill to exempt buildings aud grounds designed and used for
puVposes of education or public worship from taxation ; read
and passed to a third reading. ' '' v
A bill to amend the 3d section of an act to regulate the public
printing- together with the report pf the committee on Finance.
recommending'
the
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rejection ot the bill was read and rennrt
nt)nHini i i
11UUJJICU.
On motion of Mr. Cooke the Senate adjourned.
Tuesday 9 o'clock a. m December 4 18'49.
Mr Grimes presented the petition of the Texas Monumental
committee together with . " ' " ' r
A bill to incorporate the Texas Monumental .Committee: read
first time.
Mr. Cooke presented the petition of Daniel Mariindale which
was on nvuion of Mr.Cqolcu referred to the committee on Private
Land Claims without reading.
Mr. Latimer chairman of the committee on Public Lands
to whom was -referred a bijl for the relief of the citizens of Jas-
per County reported the sume back to the Semite vith two addi-
tional sections as amendments and recommended their adoption
and the passage of the bill. '
Mr. Wallace introduced a bill to fix the whole number of Sen-
ators at twenty-ono and apportion them nmonc the seveial dis-
tricts herein estabhshed.according to the numbeT pf qualified elec-
tors; and to apportion fifty-two the whole number of Represen-
tatives among the several counties according to the number of
free population in each ; read first time.
Mr. Pease introduced a bill supplementary to an act renilo-
Ving ?rtJ2 tho S"Peme Court in criminal cases approved
May 13th 184b y read first time.
ORDERS OF THE DAY.
A bill to provide for the payment of jurors ; read .by sections.
1 he bill was then ordered to bo engrossed by the following
PSMp?eWi?i0o.oke' Sflg?' Grlmes McRfle Mofletf Parker
Pease Portis Robertson Taylor Truit and Ward-12.
anWailnce-u3 XXm PhHllp Yan DoriP
rttilcbm t0re)!fl nn " for tho relief of Joh" S. Black and
others ; read and on motion of Mr. Grimes laid on thd table.
A message was received from the House of Representatives
hroiigh their. Chief Clerk infprming theSenate that the House
insisted on their amendment in tlm hill tn nm!; .i
fj1 State District and Ceppty officers to perform the duties of
SnSSafejic0EFq;dIec.ed and
" ' "i.w.Me u uw mm uiai Messrs. otowart and Frank-
Q
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Matthewson, R. C. Texas State Gazette. (Austin, Tex.), Vol. 1, No. 17, Ed. 1, Saturday, December 15, 1849, newspaper, December 15, 1849; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80908/m1/4/: accessed March 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.