Texas State Gazette. (Austin, Tex.), Vol. 2, No. 2, Ed. 1, Saturday, August 31, 1850 Page: 2 of 8
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L bill lo alter and amend tho first section of nn net approved
Match 520. 184B. entitled an act concerning ciimcs nnd punish-
March 5W 1848 entitled tin act concerning
tr -. ' as Yi ji.
hmhib; ' t f
l( of which' bills- wdrolaid 6n tho tabic tocomo up among.
th Mllluc nf Ilia Hmr I
Bwtifiofthe'doy. l 'A . i -n
'he Governor's message was then token u nnd rend as follows:.
jsf EXECUTIVK DtiPAttTMKNT 7
-r; ' Austin August 26 1850.
2 HmoraUevthe Legislature of 1 exas :
Gewtlemen--A comiminicmfen whs received it this depart-
uwnt. (ha last mail fromthe lion. Unniol Webster Secretary
of Stale of the United Stoics in answer to one from the Execu-
tive of Tex- already laid before you dated tho 14lh of June
lut; and dawning it important in your deliberations I take the
arlieet occasion to transmit tho same to your honorable body..
P. H BELL.
On notion the letter of Iho Secretary of Stnte of the Uniled
8tim to his Excellency Governor Bell was taken up and read.
MrVBpa introduced tho following resolution which wos adopted:
'JReskved That the message of tho Governor and accompany-
ing documents bo referred to a joint committee of both Mouses
$0 consat of fiytf from the House; and that the Chief Clerk trons-
miMho meaoage to the Senate and request their concurrence in
' TJie Speaker appointed Messrs. Williams Johnson Tarrant
Scott and Fields to compose said committee on the 4parl of the
Mr Franklin ofTered the following resolution :
fie.telvcd the Senate concurrinsr That the House of Repre
sentative!) rescind tho resolution for going into the eleciioji of a
JPTnitcd States Senator on Moiiday the 2uth August instant at 1L
JMr. Loll moved to lay the resolution on the table upon which
motion the yeas and nays were called for and stood as follows :
Teas Messrs. Speaker Bogart Brynn Burney Charlton
Cochran Crump of Bexar Dickson Fields Hardeman of Nac-
ogdoches Holland Johnson Jowers Lloyd Lott Pace Polk
Sco(tSelmnnShw Smith of Red River Speights Sterue Tar-
rant bud Wren 25.
Nays Messrs. Bee Clements Clough Franklin Gillet Har-
deman of Tt Lewis McICiuney Reynolds Russell Sfiea Sliep.
aid. Smith of Shelby Stapp Stewart Taylor Williams; Wilson
So ihe resolution was laid on the tablq. "
On mnJion of Mr. Scott the House took a recess until 5 min-
utes to 11 o'clock. 4$ j.
Recess oxpiied House met roll called quorum'present.
. Mr. Clough introduced a joint resolution authorizing the Gov-
ernor of the State to appoint delegates lo tho Nashville conven-
tion ; read first time. &
On motion pf Mr. Lewis a bill to bo entitled an act supple-
mentary to an actio perfect the land titles in Castro's colony op-
proved Jauuary 26 1850 was taken up.
The Hon.Seuato now appeared in-accordance with an iuvi-
tatfon nf (he1 House to go into an election of a United States Sen-
t ator to-day at 11 o'clock headed by their President pro tern. who
"yas invited la a seat on the right of tho Speaker and Senators to
seats prepared for them.
The Speaker announced that tho two Houses had met for the
purpose of electing a Senator to the United States Congress and
that nominations were notv in order.
Mr. Sterne on the part of the House nolninated the Hon.
Tho. J. Rusk.
Mr. Franklin on Jho part of the House nominated Blank.
- Thq House then proceeded to votc
Those voting for Mr. Rusk were Messrs. Speaker Bogart Bry-
anf Burney Charlton Cochran Crump of Austin Crump of Bc-
arar Dickson Fields Gillet Hardeman of. Nacogdoches Harde-
man of Travis Holland Johnson .lowers Lewis Lloyd Lott
Pace Polk Reynolds Runnels Russell Scott Solmnn Slfnw
Shea Smith of Red River Smith of Shelby Speights Stapp
Sterne Siewart Tnrratlt Taylor Williams and Wreh8
Phose voting for Blank were Messrs. Clougli Franklin Wilson
ajjiWirifield 4. '
Scattering tri wit : For Mr. Wigfall Messrs. BeVand Clem-
eats 2; for Mr Miller Mr. Shenafd-1.
Mr. Rusk having received a majority of all the vqtes was de
clared amy oiqcieu eenaiorto tne uongress oi the United States
for six years from and after the fourth day nfMu'rch next.
The' bill supplementary to on act to perfectjatid titles in Cas-
tro'iJ colony : rtiad third time and passed $$
7Ou motioHj.il I til nlaking an appropriation for the payment of
oiHsianaiug iiaoumesoi tne mission ot aiaj it. o. iNeiglinors to or-
ganize the counties of Presidio El Paso Worth and Santa F6
With nu utneittlniRiu from the Senate was taken up;.
Tho yeas and nays being culled for ontho adoption of the
amendment stood us follows :
Yon Messrs. Speaker Bee Bognrt Bryan Charjton Clem-
ents Cochran Crump of Austin Crump of Bexar Fields Frank-
lin Gillet Hardeman of Travis Holland Lewis.Polk Russell
Scott Selman Shaw Shea Shepard Smithof Red River Smith
of Shelby Speights SlaRp Sterne Slewtrt Tarrant Williams
Wilson and Winfield-32. m 4 '
. Nays Messrs. Dickson Hardeman of Nacogdoches Johnson
Jowors Lloyd Reynolds Runnels and Taylor---S.
So the amendment was concurred in.
'Mr. Jowors chairman of the committee on Engrossed Bills
HJado the following report :
Committee Room August 20 1850.
To the Hon. 0. G. Krknan -
Speaker of the House of Representatives :
Tim committee on Engrossed Bills have examined an act lo
mcorpnratft the La Vaca Turnpike and Plank Road Company ;
.also on act to incorporate the Commercial Navigation and Trans-
portation Company ; and find tho same correctly engrossed.
Mr. Williams moved (o reconsider tho vote referring the mes-
sage of the Governor and accompanying dpcumentsto a joint se-
lect cnmmillce in order that it might bo referred to tho commit-
toe on thoJndiciufv; motion lost
On motion of Mr. Winfield Mr. Franklin was added to u
joint iwlect committee on tho Governor's message and acdompa-nyxug-
documents. ' " t '
Un motion of Mr. Tarrant tho House adiourned until nine
o'clock to-mo-row morning
V'vSENiTE. ' '
Nrinnla malV r ;1 .l T i'.t'mi 'j.A
w.....u i-.yn yuiiuu uaiupuc nro rem.
Monuay August 2G. 1850.
. . dr - . ' v v '
iu ino cnair-
'Alesgrs. Broshear; Co"oke Cafnpboll Davis Gage Grimes
Hnrl.Klnnoy LBifrn8rMcRtief Molfelt Porker Phillip? Portis
Rjbartson- Taylor TrmtVan Derlip Ward and Wallace quo-
rum present. ' iq
Journals of Saturday were read and adopted.
Mr. Taylor.one of tho cominilteoon engrossed bills reported
the bill trjbc entitled an act making an appropriation df money
for the orpctlon of a Firri-proof Land Office .correctly engrossed.
Mr. Wallace presented the informal petition of Charles Eppf
which was on motion laid on the table.
Mr. Latinlei chairman of the joint select committee on the
part of iheJSenhto asked leave to report the following bills :
Nol'l A bill to provide lor organizing the militia of the State
and to suppress the insurrection existing in the counties of
Worth anilSanta Fe.
No. 2. A bill to levy and collect a direct tax for special pur-po-es.
No. 3. A bill to provide for assessing and collecting the direct
tax for special purposKS imposed by the act passed at the special
session of ther Legislature of Texas convened on Monday the
12th of August ltiSO by proclamation of the Governor.
No. 4f A bill to require the Comptroller of Public Accounts to
pass to the credit of the school fund oilo-teuih ol all amounts
lijietolbre .collected on account of revenue from direct taxation
atjdTo pay the sum into tho Treasury of the Slate subject to be
drawn on accounlof any appropriation made for suppressing the
insurrection existing iu the counties of Worth atid Santa Fo.
No. 5 A bill making appropriation for the pnrpo.se of carry-
ing iulb -effect a more perlect civil organization of the county of
Santa Fe and for suppressing rebellion.
No. 6. A bill to be entitled an uct to alter and amend the first
section of an act" approved March 2llth 1848 entitled an aci
concerning crimes and punishments all of which wei read first
A message was received from the House of Representatives
through their Chief Clerk Mr. Hampton transmitting the fol-
lowing bills :
A bill to be entitled an act to incorporate the Trinity Plank
A bill requesting an increase in the mail service from Austin
A bill to define'lhe time of holding the courts in the 3d judi-
cial district. - '
A bill to authorize and require the county courts to issue un-
conditional certificates iu certain cases.
' A bill to be entitled an act to provide for the sale ol public lots
and other property in and adjoining the city of Austin.
Also transmitting a message and uccompanviug documents
'from the Governor
Also that the House had appointed a committee of five con-
sisting of Messrs. Williams Johnson Tarrant Scott and Fields
a special committee to whom they have referred that portion of
tho Governor's message relating to land titles west of the Nueces
A bill to be entitled an act to provide for the sale of public lots
and other property in and adjoining the City of Austin ; read
On motion of Mr. Grimes referred to tho committee on
ORDERS OF THE DAY. -
A bill making an appropriation for the per diem pay and
mileage of the members and officers of the Legislature : read
On motion of Mr. Grimes the blank was filled with fifteen
thousand dollars and bill ordered to be engrossed.
Mr. Wallace moved the petition of sundry citizens of the town
and county of Snn Augustine be taken from the table and placed
among the orders of the day.
Upon which the yeas and nays were called and sood thus :
Yeas : Messrs. Cooke Campbell Davis Gage Grimes Paiker
Portis and "Wallace 8. ' '
Navs: Messrs. Brashenr BurlesonHart Latimer McRae
Moffott Phillips Robertson Taylor Truit Van Derlin and
Ward 12. ' fg
bo the benate relused to place the petition amongst the orders
of the day.
A bill to provide fpr organizing the militia of tho State and to
suppress the insurrection existing in the counties of Worth and
S:uta Fe was on motion of Mr. Phillips taken ud.
Sec. 1. Beit enacted by the Legislature of the State of
i cxasy i iihi me uoveruor m ana ne is noreby authorized arid
required to call into the service of the Stale three thousand
mounted volunteers or any less number that he hiay deem re-
quisite to enforce obedience to the laws and to suppress the in-
surrection existing iu the counties of Worth and Santa Fe.
Sec. 2. That all volunteeis enlisted under tho provisions of
this act shall be required to furnish their own horses or mules
and necessary arms and equipments and a pack-mule or horse for
every mess of .four or six men and shall be required to perform
a tour of duty for such time as the Governor may direct not
to exceed twelve months.
Sec. 3. That said volunteers shall bedivided into regiments
of ten companies each said companies to consist of one lumdred
men each rank and file said companies? shall have the privilege of
electing their own company and regimental officers and shall bo
governed by tho rules and regulations prescribed for the military
service of tho late Republic of Texas.
Sec. 4. That said volunteerr shall receive the same pay for
their services while in the employment of the Slate as is by law
allowed for the pay of mounted volunteers in the armv of the
Sec 5. That the Governor shall appoint a Quarter-master
and Commissary of Subsistence who shall give bond and secu-
rity for tho faithful performance of the duties of their offices
and whoso duty it shall bo to contract for and furnish nil ne...-.!
sary subsistence and supplies for the maintenance of said volun
teers and to pertorm such other duties as appertain to their res-
Sec. G. That if the number of three thousand vohininnrn
should be deemed insufficient for tho service contemplated in the
ursi suction " mis i win uiu uovernor no authorized to call
into the service an additional number who shall he governed by
the same rules and regulations receive the same nav and bosun.
ject to the same duty as is in this act prescribed.
ec. 7 That as soon as said volunteers shall be mustered
into the service of the State they shall immediately march to the
counues of Worth and Santa Fe to suppress the insurrection
and rebellion existing in said counties and tho Governor shall
bBj authorized .to take command o said volunteers in person j
Provided lhat tho march of said force may be delayed if in the
opinion of the Governor circumstances may so require.
Sec. 8. That the Governor be and he is hereby required to
issue his proclamation for the election of militia officers through-
out the State uidto effect a thorough organization of the same
under tho provisions of the law now in force upon that subject
and Ihht he shall be authorized to call into service any number he
may deem necsssary for the purposes contemplated in this act.
Seci 9. That this act lake effect from and alter its passage
Rule suspended and bill read second tinre.
Mr. Wallace moved to rofer the bill to the committee on Mili-
Mr. Robertson moved tho Senate go into a committee of the
The question recurring on motion of Mr. Wallace to refer to
committee on Military Affairs
Mr. Gage moved the bill be read by sections. Carried.
Mr. Davis moved to add to the first section "or any other sec-
tion of the State." Carried.
The second being read
Mr. Wallace moved to strike out the words "or six." Carried.
Mr. Phillips moved lo strike oiit unot to exceed twelve
The third section being read
Mr. Wallace moved (6 strike out the word "companies" in
fourth line and insert " volunteers." Carried.
Mr. Wallace moved to insert after the word ' company" in
the fifth line the word "battalion" and strike out tho word
" and" in the sixth line and insert the words brigade division
and. " Carried.
Mr. Robdrtson moved to strikeout iu last line the words" Into
Republic of Texas" and insert United Stales." Lost.
Section lour adopted.
Sections live and six adopted.
Mr. Davis moved to insert after the word "counties" the
words "or to any other section ol the State." Carried.
Mr. Wallace moved lo strike out that clause of the section
which authorizes the Governor to take command of tho volun-
teeis in person.
Upon which ihe yeas and nays w re called and stood ihua :
Yeas : Messrs. Burleson Gage Giinies Hart McHae. Mofl'etl
Parker Phillips Taylor Truit Ward and Wallace 12.
Nays : Messrs. Brashenr Cooke Campbell Davis Latimer
Portis Rohertsou and Van Derlip 8. Carried.
Mr. Gage moved jhe Senate lake recess for fifleen minutes.
Recess having expired '
On motion of Mr. Gage the Senate proceeded to the House of
Hepreseniatives for the purpose of going into the election' of
United States Senator.
IN JOINT SESSION.
Roll called quoruin present. ' ' ' ' '
Nominations being in order
Mr. Parker nominated the lion. Thomas.J. Rusk.
On the part of the House Mr. Franklin nominated Blank.
The following Senators voted for Thomas J. Rusk :.
Messrs. Brashenr Burleson Cooke. Campbell Gage Grimes
Hart Latimer McRae Moffett Paiker. Phillips Robertson Tay-
lor Truit Van Derlip Ward and Wallace.
Mr. Davis voted for Blank:
Mr. Portis voted for Air. Wigfall.
On joint vole it appealed that'Thomas J. Rusk had received
a majority ot the votes of both Houses of the Legislature nnci
he. was declared duly elected United Stales Senator for six
years from and after the fourth day of March next.
The Senate having returned to their chamber the bill which
was before iheut when the lecess took place was taken tip and
the 8th and 9lh sections thereof were read and adopted. "
Mr. Davis moved to amend the caption of the. bill by adding
thereto the words or in any oilier section of the State."
Mr. Truit offered to amend by adding this additional section :
Sec. That all officers and soldiers who may engage in the
contemplated military expedition lo Santa Fe shall be exempt
from paying a State and County tax and that their property of
every description be exempt from forced .ales by execution or
otherwise during the time which they may be absent in such
Mr. Phillips moved to amend tho amendment by inserting
after the word " lax" the wolds " during their term of service '
'Ihe question upon tho adoption of the amendment as amend-
ed was put and carried.
On motion of Mr. Gage the bill wa3 made the order forto
morrow 27th iust.
A message was received from the House informing the Senate
that the House had concurred iu tho amendment of-the Senate"
to a hill making ail appropriation for tho pay of the outstanding
liabilities of R. S Neighbors &c. '
On motion of Mr. Portis a committee of three was appointed
to act in conjunction with a like committee on the part of tho
House upon the Governor's message relating to the laud titles
West of the Nueces river.
Messrs. Portis Davis and Latimer wore appointed said com-
On motion of Mr. Cooke tho Senate adjourned until 4 o'clock.
4 o'clock i. m.
Senate mof roll calledquorum present
AJjill to levy and collect a direct laxfor special purposes.
Section 1. Be it enacted by ihe Legislature of the Slate
of Texas 1 hat there shall be levied and collected a special tax
of per cent on the several assessments for the year eighteen
hundred arid filly to be used for purchasing supplies ftiriiinhimr
transportation for Ihe militia or volunteers that may be ordered
omby ihe Governor lo suppress rebellion against the Stale of
loxqs.aud for tho civil organization of the county ol Santa F
Sec. 2. Be it further enacted That this act lake effect from
and after its passage.
Rnlo suspended bill toad second lime.
Mr. Robertson moved that the bill be made the special ordor
far Tuesday. 27th mst. Lost.
On motion of Mr. Parker the bill was made tho special order
for Wednesday the 28lh hist.
Abi!l to provide for assessing and collecting the direct tax for
special purposes impnd by the act passed at the special session
0 the Legislature of Texas convened on Monday thy 12th day
ot August1 1850 by proclamation of the Governor.
SacTirijr 1. Beit enacted by the Legislature of the State of
1 exas That the direct tax for special-purposes required to bo
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Texas State Gazette. (Austin, Tex.), Vol. 2, No. 2, Ed. 1, Saturday, August 31, 1850, newspaper, August 31, 1850; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80944/m1/2/: accessed April 22, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.