RIREE DOLLARS A YEAR.
WHOLE NO. 185.
tli
lly«xpeet that a. Democratic Congress would seize upon
ich an occasion to place at the head of the army a Demo-
at. Yes, sir, I have said it—a Democrat; and, if that
i eitner treason or imprudence, make the most of it !
,Does our experience here teach us that the war, or
fichTr support from tile
■verse altogether, except when a plume can be picked
p tor an individual or a party cap. By what process of
asomng does any gentleman come to the conclusion that
■ J/?'' '' ?f our *rm>es differs from a. Whig in
u?i . v I1'3 epaulettes change his nature "i Asa
jura with Mexico,To tlTe 'sarde ev.nfic.tJion to
..he same a war waged in defence of our firesides and
'homes. In such a war as this, I would expect him to
imit-.te his compatriots ®n the other side of this Hall, in
n failure to take any hazard and responsibility upon him-
-x,.r, ix,, „c xi,^ ..r.11 T s'louldex¬
pect him to move when sustained by a direct order, and
nototherwise. I shouldexpecthimtobebraveinthe hour
of danger. All our officers are brave. I should expect
him to win victories with the aid of the army, and that
he and his partisans would give the glory neither to the
head that devised the plan of operations, and furnished
Ihe means, nor to the subalterns and privates doing the
fighting, but to him, and to him only. And if he should
meet with a mishap, or not reap the fruits of victory as
horoughly as might be, I should expect him to lay the
ilame at the door, not of untoward circumstance but
if the Government in whose employment he is.
And just the reverse of all this evil, which I have pre¬
dicted, would I expect of a Democrat, at the head of the
irmy ?o I read the bcok of human nature. Well, sir,
we have had the opportunity. Did we embrace it ? Not
Thn ——V table—to all
- t- of
th(
qui
enl
G.
~2!
a
5.V7
I/O
57
72
50
72
75
60
24
64
ID
16
41
63
85
00
84
30
68
STATE JOUBNAL &
SA COUNTY ELECTION RETURNS, (OFFICIAL,) AUGUST 4,184t
"Washington, on ttteura os
on the night when the declaration ot i
Independence Xv&s signeif^*Hfrnrws-Tri
night of alarm and fconfusiori. The dis- (
nstrous news of the fall of the Alamo—jf
of the death of Farris, Bowie and Crock¬
ett, was brought at sun-down by a mes¬
senger hot and furious from the seat of
massacrei We give, therefore, With
more than common pleasure,the names,
place of nativity, and last residence be¬
fore emigration to Texas, of the Dele¬
gates who signed the Declaration of
Independence of the Republic of.Texas,
covened in the town of Washington on
the 2d March, 1836.—N. O. Bulletin.
signers' navies. ages. nativity. east resifi*
llichard ElliSjPres. 64 Virginia, Alabama
Charles B.Stewart 30 S.Carcrlina Louisiana
Jas. Collinsworth 30 Tennessee Tennessee
Edwin Wallar 35 Virginia Missouri
Asa Brigham. 46 Mass. Louisiana
J. S. D. Byrone 36 Georgia Florida
Francisco Ruez 64 Bexar,Mex<Bexar
J. Antonio Navarro 41 Bexar,Mex.Bexat
J. B. Badgett 29 N. Carolina Arkansas
W. D. Lacy 28 Kentucky Tennessee
William Menifee, 40 Tennessee Alabama
John Fisher 86 Virginia Virginia
Mathew Caldwell 38 Kentucky Missouri
Williarh Motely 24 Virginia Kentucky
Lorenzo De Zavala 47 Yucatan FranceorMX
Geo. W. Smith 33 N.Carolina Alabama
Stephen H-.Everett 29 New York New York
Elijah Stapp 53 Virginia Missouri
Llaiborne West 36 Tennessee .Louisiana
W. B. Scates 30 Virginia Kentucky
Mich'IB.Mernard 31 Canada Illinois
A. B. Hardin 38 Georgia Tennessee
Jolm W. Bumon 2b Tennessee Tennessee
Thomas J Gazley 35 New York Louisiana
Eobt. M. Coleman 37 Kentucky Kentucky
S, C. Robertson 50 N.Carolina Tennessee
Geo. C. Childers 32 Tennessee , Tennessee
Bailey Hardirnan 41 Tennessee Tennessee
»Robert Potter
Thomas J. Rusk
36 N.Carolina N.Carolina
29 S. Carolina Georgia
Charles S. Taylor 28 England New York
John S. Roberts 40 Virginia Louisiana
Robert Hamilton 53 Scotland N. Carolina
Collin McKenney 70 New Jersey Kentucky
A. H. Lattimote 27 Tennes-see Tennessee
48 Ireland Louisiana
42 Virginia Tennessee
35 Tennessee Tennessee
26 IJennsylv'a Pennsylv'a
58 Virginia Missouri
33 N.Carolina Alabama
23 Georgia Georgia
63 Virginia Virginia
37 N.Carolina Georgia
27 Kentucky Arkansas
Win. C. Crawford 31 N.Carolina Alabama
John Turner 34 N.Carolina Tennessee
Benj. B Goodrich' 37 Virginia Alabama
.Geo. W. Barnet 43 S.Carolina Mississippi
.James G. Swisher 41 Tennessee Tennessee
.Je.ve Grimes 48 N.Carolina Alabama
JS. Rhoads Fisher 41 Pennsylv'a Pennsylv'a
Sam. A. Maverock 29 S. Carolina S. Carolina
John White Bower 27 Georgia Arkansas'
J. B. Woods 34 Kentucky Kentucky
John W. Moore1 39 Pennsylv'a Tennessee
Andrew Briscoe " ~
James Power
Sam. Houston
David Thomas
E. Conrad
Martin Palmer
E. O. Eegrand
£. W. Bloum
James Gaines
'W. Clark, Jr.
S. O. Pennington
LA W S
•F THE
REPUBLIC OF TEXAS,
IN TWO VOLUMES.
PRINTED BY ORDER OF THE SECRETARY OF STATE.
Tolame 1.
HOUSTON:
FEINTED AT THE OFFICE OP THE TELEGRAPH.
1838.
THE
DECLARATION OF INDEPENDENCE
made by the
of
THE PEOPLE OF TEXAS,
in
GENERAL CONVENTION, AT WASHINGTON,
On March 2nd, 1836.
When a government has ceased to protect the lives, liberty
and property of the people, from whom its legitimate powers are
derived, and for the advancement of whose happiness it was insti¬
tuted; and so far from being a guarantee for their inestimable and
inalienable rights, becomes an instrument in the hands of evil rul¬
ers for their oppression. When the federal republican constitu¬
tion pf their country, which they have sworn to support, no longer
has a substantial existence, and the whole nature of their govern¬
ment has been forcibly changed, without their consent, from a
restricted federative republic, composed of sovereign states, to a
consolidated central military despotism, in which every interest
is disregarded but that of the army and the priesthood, both the
eternal enemies of civil liberty, the ever ready minions of power,
and the usual instruments of tyrants. When, long after the
spirit of the constitution has departed, moderation is at length
ao far lost by those in power, that even the semblance of free¬
dom is removed, and the forms themselves of the constitution
discontinued, and so far from their petitions and remonstrances
2
4
being regarded, the agents who bear them are thrown into dun¬
geons, and mercenary armies sent forth to enforce a new govern¬
ment upon them at the point of the bayonet.
When, in consequence of such acts of malfeasance and ab¬
duction on the part of the .government, anarchy prevails, and
civil society is dissolved ,into its original elements, in such a
crisis, the first law of nature, the right of self-preservation, the
inherent and inalienable right of the people to appeal to first
principles, and take their political affairs into their own hands
in extreme cases, enjoins it as a right towards themselves, and a
sacred obligation to their posterity, to abolish such government,
and create another in its stead, calculated to rescue them from
impending dangers, and to secure their welfare and happiness.
Nations, as well as individuals, are amenable for their acts
1.0 the public opinion of mankind. A statement of a part of
our grievances is therefore submitted to an impartial world, in
justification of the hazardous but unavoidable step now taken,
of severing our political connection with the Mexican people,
and assuming an independent attitude among the nations of the
earth.
The Mexican government, by its colonization laws, invited
and induced the Anglo American population of Texas to colo¬
nize its wilderness under the pledged faith of a written consti¬
tution, that they should continue to enjoy that constitutional
liberty and republican government to which they had been habit¬
uated in the land of their birth, the United States of America.
In this expectation they have been cruelly disappointed,
inasmuch as the Mexican nation has acquiesced to the late
changes made in the government by General Antonio Lopez de
Santa Anna, who, having overturned the constitution of his
country, now offers, as the cruel alternative, either to abandon
our homes, acquired by so many privations, or submit to the
most intolerable of all tyranny, the combined despotism of the
sword and the priesthood.
It hath sacrificed our welfare to the state of Coahuila^ by
which our interests have been continually depressed through a
jealous and partial course of legislation, carried on at a far distant
seat of government, by a hostile majority, in an unknown tongue,
and this too, notwithstanding we have petitioned in the humblest
terms for the establishment of a separate state government, and
have, in accordance with the provisions of the national, constitu¬
tion, presented to the general congress a republican constitution,
which was, without a just cause, contemptuously rejected*
5
It incarcerated in a dungeon, for a long time, one of our
citizens, for no other cause but a zealous endeavour to procure
the acceptance of our constitution, and the establishment of a
state government.
It has failed and refused to secure, on a firm basis, the right
of trial by jury, that palladium of civil liberty, and only safe
guarantee for the life, liberty, and property of the citizen.
It has failed to establish any public system of education,
although possessed of almost boundless resources, (the public do¬
main,) and although it is an axiom in political science, that unless
a people are educated and enlightened, it is idle to expect the
continuance of civil liberty, or the capacity for self government.
It has suffered the military commandants, stationed among
us, to exercise arbitrary acts of oppression and tyranny, thus
trampling upon the most sacred rights of the citizen, and render¬
ing the military superior to the ciyil power.
It has dissolved, by force of arms, the state congress of
Coahuila and Texas, and obliged our representatives to fly for
their lives from the seat of government, thus depriving us of the
fundamental political right of representation.
It has demanded the surrender of a number of our citizens,
and ordered military detachments to seize and carry them into
the interior for trial, in contempt of the civil authorities, and in
defiance of the laws and the constitution.
It has made piratical attacks upon our commerce, by com¬
missioning foreign desperadoes, and authorizing them to seize
our vessels, and convey the property of our citizens to far distant
parts for confiscation.
It denies us the right of worshiping the Almighty accord¬
ing to the dictates of our own conscience, by the support of a
national religion, calculated to promote the temporal interest of
its human functionaries, rather than the glory of the true and
living God.
It has demanded us to deliver up our arms, which are essen¬
tial to our defence—the rightful property of freemen—and for¬
midable only pa tyrannical governments.
It has invaded our country both by sea and by land, with
the intent to lay waste our territory, and drive us from our
homes; and has now a large mercenary army advancing, to
carry on against us a war of extermination.
It has, through its emissaries, incited the merciless savage,
with the tomahawk-and scalping knife, to massacre the inhabit¬
ants of our defenceless frontiers.
6
It has been, during the whole time of our connection with
it, the contemptible sport and victim of successive military revo¬
lutions, and hath continually exhibited every characteristic of a
weak, corrupt, and tyrannical government.
These, and other grievances, were patiently borne by the
people of Texas, until they reached that point at which forbear¬
ance ceases to be a virtue. We then took up arms in defence
of the national constitution. We appealed to our Mexican breth¬
ren for assistance: our appeal has been made in vain; though
months have elapsed, no sympathetic response has yet been heard
from the interior. We are, therefore, forced to the melancholy
conclusion, that the Mexican people have acquiesced in the de¬
struction of their liberty, and the substitution therefor of a mili¬
tary government; that they are unfit to be free, and incapable of
self government.
The necessity of self-preservation, therefore, now decrees
our eternal political separation.
We, therefore, the delegates, with plenary powers, of the people
of Texas, in solemn convention assembled, appealing to a candid
-world for the necessities of our condition, do hereby resolve and de¬
clare, that our political connection with the Mexican nation has for¬
ever ended, and that the people of Texas do How constitute a free,
sovereign, and independent repdblic, and are fully invested
with all the rights and attributes which properly belong to indepen¬
dent nations; and, conscious of the rectitude of our intentions, we
fearlessly and confidently commit the issue to the supreme Arbiter of
the destinies of nations.
In witness whereof we have hereunto subscribed our names.
RICHARD ELLIS,
President and Delegate from Red River.
Albert H. S. Kimble, Secretary.
John Fisher,
C. B. Stewart,
James Collinsworth,
Edwin Waller,
A. Brigham,
John S. D. Byrom,
Francis Ruis,
J. Antonio Navarro,
William D. Lacy,
William iuehif6€,
Matthew Caldwell.
John S. Roberts,
Robert Hamilton.
Collin McKinney,
A. H. Latimore,
James Power,
Sam. Houston,
Edward Conrad,
Martin Palmer,
James Gaines,
William Clark, jun.,
Sydney O. Pennington,
7
William Motley,
Lorenzo de Zavala,
George W. Smyth,
Stephen H. Everett,
Elijah Stepp,
Claiborne West,
William B. Leate»,
M. B. Menard,
A. B. Hardin,
John W. Bunton,
Thomas J. Gazley,
R. M. Coleman,
Sterling C. Robertson,
George C. Childress,
Baily Hardiman,
Robert Potter,
Charles Taylor,
Samuel P. Carson,
Thomas J. Rusk,
William C. Crawford,
John Turner,
Benjamin Briggs Goodrich,
James G. Swisher,
George W. Barnet,
Jesse Grimes,
E. O. Legrand,
David Thomas,
S. Rhoads Fisher,
John W. Bower,
J. B. Woods,
Andrew Briscoe,
Thomas Barnett,
Jesse B. Badgett,
Stephen W. Blount.
I do hereby certify that I have carefully compared the
foregoing Declaration, and find it to be a true copy from the
original filed in the archives of the Convention.
Given under my hand this 17th day of March, 1836.
Attest, H. S. KIMBLE,
Secretary of the Contention,
r
CONSTITUTION
OP THE
REPUBLIC OF TEXAS
We, the people of Texas, in order to form a government,
establish justice, ensure domestic tranquility, provide for the com¬
mon defence and general welfare; and to secure the blessings
of liberty to ourselves, and our posterity, do ordain and estab-
lishthis constitution.
ARTICLE I.
Section 1. The powers of this government shall be divid¬
ed into three departments, viz: legislative, executive and judi¬
cial, which shall remain forever separate and distinct.
Sec. 2. The legislative power shall be vested in a senate
and house of representatives, to be styled the congress of the re¬
public of Texas.
Sec. 3. The members of the house of representatives shall
be chosen annually, on the first Monday of September each year,
until congress shall otherwise provide by law, and shall hold
their offices one year from the date of their election.
Sec. 4. No person shall be eligible to a seat in the house
of representatives until he shall have attained the age of twenty-
five years, shall be a citizen of the republic, and shall have resided
in the county or district six months next preceding his election.
Sec. 5. The house of representatives shall not consist oi
less than twenty-four, nor more than forty members, until the
population shall amount to one hundred thousand souls, aftei
which time the whole number of representatives shall not be
less than forty, nor more than one hundred: Provided^ however,
that each county shall be entitled to at least one representative.
10
Sec. 6. The house of representatives shall choose their
speaker and other officers, and shall have the sole power of im¬
peachment.
Sec. 7. The senators shall be chosen by districts, as near¬
ly equal in free population (free negroes and Indians excepted,)
as practicable; and the number of senators shall never be less
than one third nor more than one half the number of represen¬
tatives, and each district shall be entitled to one member and no
more.
Sec. 8. The senators shall be chosen for the term of three
rears, on the first Monday in September; shall be citizens of the
republic, reside in the district for which they are respectively
chosen at least one year before the election; and shall have at-
rained the age of thirty years.
Sec. 9. At the first session of congress after the adoption
of this constitution, the senators shall be divided by lot into three
•lasses, as nearly equal as practicable'; the seats of the senators
©fthe first class shall be vacated at the end of the first year; of
the second class, at the end of the second year; the third class,
at the end of the third year, in such a manner that one third
•hall be chosen each year thereafter.
Sec. 10. The vice president of the republic shall be pres¬
ident of the senate, but shall not vote on any question, unless the
•enate be equally divided.
Sec. 11. The senate shall choose all other officers of their
body, and a president pro tempore, in the absence of the vice
president, or whenever he shall exercise the office of president;
•hall have the sole power to try impeachments, and when sitting
as a court of impeachment, shall be under oath; but no convic¬
tion shall take place without the concurrence of two thirds of all
the members present.
Sec. 12. Judgment in cases of impeachment shall only ex¬
tend to removal from office, and disqualification to hold any of¬
fice of honor, trust or profit under this government; but the par¬
ty shall nevertheless be liable to indictment, trial, judgment and
punishment according to law.
Sec. 13. Each house shall be the judge of the elections,
qualifications and returns of its own members. Two thirds of
each house shall constitute a quorum to do business, but a small¬
er number may adjourn from day to day, and may compel the
attendance of absent members.
Sec. 14. Each house may determine the rules of its own
proceedings, punish its members for disorderly behavior, and with
11
the concurrence of two thirds, may expel a member, but not t
second time for the same offence.
Sec. 15. Senators and representatives shall receive a com¬
pensation for their services, to be fixed by law, but no increase
of compensation r- diminution, shall take effect during the ses¬
sion at which such increase or diminution shall have oeen made.
They shall, except in case of treason, felony, or breach of the
peace, be privileged from arrest during the session of congress,
and in going to and returning from the same; and for any speech
or debate in either house they shall not be questioned in any
other place.
Sec. 16. Each house may punish, by imprisonment, dur¬
ing the session, any person not a member, whe shall be guilty of
any disrespect to the house, by any disorderly conduct in their
presence.
Sec. 17. Each houae shall keep a journal of its proceed¬
ings, and publish the same, except such parts as in its judgment
require secrecy. When any three members shall desire theyeas
and nays on any question, they shall be entered on the jour¬
nals.
Sec. 18. Neither house, without the consent of the other,
shall adjourn for more than three days, nor to any other place
than that in which the two houses may be sitting.
Sec, 19. When vacancies happen in either house, the
executive shall issue writs of election to fill such vacancies.
Sec. 20. No bill shall become a law until it shall have
been read on three several days in each house, and passed by
the same, unless, in cases of emergency, two thirds of the mem¬
bers of the house where the bill originated shall deem it expedi¬
ent to dispense with the rule.
Sec. 21. After a bill shall have been rejected, no bill con¬
taining the same substance shall be passed into a law during the
same session.
Sec. 22. The style of the laws of the republic shall be,
"Be it enacted by the senate and house of representatives of the
republic of Texas, in congress assembled."
Sec. 23. No person holding an office of profit under the
government shall he eligible to a seat in either house of congress,
nor shall any member of either house be eligible to any office
which may created, or the profits of which shall he increased du¬
ring his term of service.
Sec. 24. , No holder of public monies or collector thereof,
shall be eligible to a seat in either house of congress, until he
•hall have full} acquitted himself of all responsibility, and shall
produce the proper officer's receipt thereof. Members of either
house may protest against any act or resolution, and may hare
•uch protest entered on the journals of their respective houses.
Sec. 25. No money shall be drawn from the public treas¬
ury but in strict accordance with appropriations made by law;
and no appropriations shall be made for private or local purpos¬
es, unless I wo thirds of each house concur in such appropria¬
tions.
Sec. 2c. Every act of congress shall be approved and sign¬
ed by the president before it becomes a law; but if the presi¬
dent will not approve and sign such act, he shall return it to the
house in widen it shall have originated, with his reasons for not
approving the same, which shall be spread upon the journals of
such house, and the. bill shall then be reconsidered, and shall not
become a law unless it >-ba\l then pass by a vote of two thirds of
both houses. If any act shall be disapproved by the president,
the vote on the reconsideration shall be recorded by ayes and
noes. If the president shall fail to return a bill within five days
(Sundays excepted) after it shall have been presented for his
approval and signature, the same shall become a law, unless the
congress prevent its return within the time above specified by
adjournment.
Sec. 27. All bills, acts, orders, or resolutions, to which the
concurrence of both houses may be necessary, (motions or reso¬
lutions for adjournment excepted,) shall be approved and signed
by the president, or being disapproved, shall be passed by two
thirds of both houses, in manner and form as specified in section
twenty.
ARTICLE II.
Sec. 1. Congress shall have power to levy and collect
taxes and imposts, excise and tonage duties; to borrow money
on the faith, credit, and property of the government, to pay the
debts and to provide for the common defence and general wel¬
fare of the republic.
Sec. 2. To regulate commerce, to coin money, to regulate
the value thereof and of foreign coin, to fix the standard of
weights and measures, but nothing but gold and silver shall be
made a lawful tender.
Sec. 3. To establish post offices and post roads, to grant
charters of incorporation, patents and copy rights, and secure to
the authors and inventors the exclusive use thereof for a limited
time.
13
Sec. 4. To declare war, grant letters of marque and repri¬
sal, and to regulate captures.
Sec. 5. To provide and maintain an army and navy, and
to make all laws and regulations necessary for their government.
Sec. 6. To call out the militia to execute the law, to sup¬
press insurrections, and repel invasion.
Sec. 7. To make all laws which shall be deemed necessa¬
ry and proper to carry into effect the foregoing express grants of
power, and all other powers vested in the government of the re¬
public, or in any officer or department thereof.
ARTICLE III.
Sec. 1. The executive authority of this government shall
be vested in a chief magistrate, who. shall be styled the president
•f the republic of Texas.
Sec. 2. The first president elected by the people shall hold
his office for the term of two years, and shall be ineligible during
the next succeeding term; and all subsequent presidents shall
be elected for three years, and be alike ineligible; and in the
^vent of a tie, the house of representatives shall determine be¬
tween the two highest candidates by a vive voce vote.
Sec. 3. The returns of the elections for president and vice
president shall be sealed up and transmitted to the speaker of the
house of representatives, by the holders of elections of each coun¬
ty; and the speaker of the house of representatives shall open
and publish the returns in presence of a majority of each house
©f congress.
ARTICLE IV.
Sec. 1. The judicial powers of the government shall be
vested in one supreme court, and such inferior courts as the con¬
gress may, from time to time, ordain and establish. The judges
of the supreme and inferior courts shall hold their offices for
four years, be eligible to re-election, and shall, at stated periods,
receive for their services a compensation, not to be increased or
diminished during the period for which they were elected.
Sec. 2. The republic of Texas shall be divided into corv
venient judicial districts, not less than three, nor more than
eight. There shall be appointed for each district a judge, who
•hall reside in the same, and hold the courts at such times and
places as congress may by law direct.
Sec. 3. In all admiralty and maritime cases, in all cases
affecting ambassadors, public ministers or consuls, and in all cap¬
ital cases, the district courts shall have exclusive original juris¬
diction, and original jurisdiction in all civil cases when the mat*
fer in controversy amounts to one hundred dollars.
14
Sec. 4. The judges, by virtue of their offices, shallbe con¬
servators of the peace, throughout the republic. The style of
all process shall be, "the republic of Texas;'? and all prosecu¬
tions shall be carried on in the name and by the authority of the
same, and conclude, "against the peace and dignity of the re¬
public."
Sec. 5. There shall be a district attorney appointed for
each disti ict, whose duties, salaries, perquisites, and term of ser¬
vice shall be fixed by law.
Sec. 6. The clerks pf the district courts shall be elected
by the qualified voters for members of congress, in the counties
where the courts are established, and shall hold their offices for
four years, subject to removal by presentment of a grand jury,
and conviction of a petit jury.
Sec. 7. The supreme court shall consist of a chief justice
and associate judges; the district judges shall compose the asso¬
ciate judges, a majority of whom, with the chief justice, shall
constitute a quorum.
Sec. 8. The supreme court shall have appellate jurisdic¬
tion only, which shall be conclusive, within the limits of the re¬
public; and shall hold its sessions annually, at such times and
places as may be fixed by law: Provided, that no judge shall sit
in a ease in the supreme court tried by him in the court below.
Sec. 9. The judges of the supreme and district courts shall
be elected by joint ballot of both houses of congress.
Sec. 10. There shall be in each county a county court,
and such justices' courts as the congress may, from time to time,
establish.
Sec. 11. The republic shall be divided into convenient
counties, but no new county shall be established, unless it be
done on the petition of one hundred free male inhabitants of the
territory sought to belaid off and established; and unless the said
territory shall contain nine hundred square miles.
Sec. 12. There shall be appointed for each county, a con¬
venient number ofjustices of the peace, one sheriff, one coroner,
and a sufficient number of constables, who shall hold their offices
for two years, to be elected by the qualified voters of the district
or county, as congress may direct. Justices of the peace and
sheriffs shall be commissioned by the president.
Sec. 13. The congress shall, as early as practicable, in¬
troduce, by statute, the common law of England, with such modi¬
fications as our circumstances, in their judgment, may require;
and in all criminal cases, the common law shall be th« rule of de¬
cision.
is
ARTICLE V.
Sec. I. Ministers of the gospel being, by their profession,
dedicated to God and the care of souls, ought not to be diverted
from the great duties of their functions: therefore, no minister
of the gospel, or priest of any denomination whatever, shall be
eligible to the office of the executive of the republic, nor to a seat
in either branch of the congress of the same.
Sec. 2. Each member of the senate and house of repre¬
sentatives sh^Bl, before they proceed to business, take an oath to
support the constitution, as follows;
. "I, A.-B., do solemnly swear [or affirm, as the case may he]
that, as a member of this general congress, I will support the
constitution of the republic, and that I will not propose or assent
to any bill, vote, or resolution, which shall appear to me inju¬
rious to the people."
Sec. 3. Every person who shall be chosen or appointed
to any office of trust or profit shall, before entering on the
duties thereof, take an oath to support the constitution of the
republic, and also an oath of office.
ARTICLE VI.
Sec. 1. No person shall be eligible to the office of presi¬
dent who shall not have attained the age of thirty-five years,
shall be a citizen of the republic at the time of the adoption of
this constitution, or an inhabitant of this republic at least three
years immediately preceding his election.
Sec. 2. The president shall enter on the duties of his
office on the second Monday in December next succeeding his
election, and shall remain in office until his successor shall be
duly qualified.
Sec. 3. The president shall, at stated times, receive a
compensation for his services, which shall not be increased or
diminished during his continuance in office; and before entering
upon the duties of his office, he shall take and subscribe the fol¬
lowing oath or affirmation: "I, A. B., president of the republic
of Texas, do solemnly and sincerely swear (or affirm, as the case
may be) that I will faithfully execute the duties of my office, and
to the best of my abilities preserve, protect, and defend the con¬
stitution of the Republic.".
Sec^ 4. He shall be commander-in-chief of the army and
navy of the republic, and militia thereof, but he shall not com¬
mand in person without the authority of a resolution of congress.
He shall have power to remit fines and forfeitures, and to grant
reprieves and pardons, except in cases of impeachment.
3
16
Sec. 5. He shall, with the advice and consent of two-
thirds of the senate, make treaties; and with the consent of the
senate, appoint ministers and consuls, and all officers whose
offices are established by this constitution, not herein otherwise
provided for.
Sec. 6. The president shall have power to fill all vacan¬
cies that may happen during the recess of the senate; but he
shall report the same to the senate within ten days after the
next congress shall convene; and should the senate reject the
same, the president shall not re-nominate the same individual to
the same office.
Sec. 7. He shall, from time to time, give congress infor¬
mation of the state of the republic, and recommend for their
consideration such measures as he may deem necessary. He
may, upon extraordinary occasions, convene both houses, or
either of them. In the event of a disagreement as to the time
of adjournment, he may adjourn them to such time as he may
think proper. He shall receive all foreign ministers. He shall
see that the laws be faithfully executed, and shall commission
all the officers of the republic.
Sec. 8. There shall be a seal of the republic, which shall
be kept by the president, and used by him officially; it shall be
called the great seal of the republic of Texas.
Sec. 9. All grants and commissions shall be in the name,
and by the authority of the republic of Texas, shall be sealed
with the great seal, and signed by the president.
Sec. 10. The president shall have power, by and with the
advice and consent of the senate, to appoint a secretary of state
and such other heads of executive departments as may be estab¬
lished by law, who shall remain in office during the term of ser¬
vice of the president, unless sooner removed by the president,
with the advice and consent of the senate.
Sec. 11. Every citizen of the republic who has attained
the age of twenty-one years, and shaJI have resided six months
within the district or county where the election is held, shall be
entitled to vote for members of the general congress.
Sec. 12. All elections shall be by ballot, unless congress
shall otherwise direct.
Sec. 13. All elections by joint Vote of both houses of con¬
gress shall be viva voce, shall be entered on the journals, and a
majority of the votes shall be necessary to a choice.
Sec. 14. A vice president shall be chosen at every elec¬
tion for president, in the same manner, continue in office for the
17
same time, and shall possess the same qualifications of the presi¬
dent. In voting for president and vice president, the electors
shall distinguish for whom they vote as president, and for whom
as vice president.
Sec. 15. In cases of impeachment, removal from office,
death, resignation, or absence of the president from the republic,
the vice president shall exercise the powers and discharge the
duties ol the president until a successor be duly qualified, or un¬
til the president, who may be absent or impeached, shall return
or be acquitted.
Sec. 16. The president, vice president, and all civil offi¬
cers of the republic, shall be removable from office by impeach¬
ment for, and on conviction of, treason, bribery, and other high
crimes and misdemeanors.
SCHEDULE.
Sec. 1. That no inconvenience may arise from the adop¬
tion of this constitution, it is declared by this convention that all
laws now in force in Texas, and not inconsistent with this con¬
stitution, shall remain in full force until declared void, repealed,
altered, or expire by their own limitation.
Sec. 2. All fines^ penalties, forfeitures and escheats, which
have accrued to Coahuila and Texas, or Texas, shall accrue to
this republic.
Sec. 3. Every male citizen, who is, by this constitution, a
citizen, and shall be otherwise qualified, shall be entitled to hold
any office or place of honor, trust, or profit Under the republic,
any thing in this constitution to the contrary notwithstanding.
Sec. 4. The first president and vice president that shall
be appointed after the adoption of this constitution, shall be
chosen by this convention, and shall immediately enter on the
duties of their offices, and shall hold said offices until their suc¬
cessors be elected and qualified, as prescribed in this constitu¬
tion, and shall have the same qualifications, be invested with the
same powers, and perform the same duties which are required
and conferred on the executive head of the republic by this con¬
stitution.
Sec. 5. The president shall issue writs of election directed
to the officers authorized to hold elections of the several coun¬
ties, requiring them to cause an election to be held for president,
vice president, representatives, and senators to congress, at the
time and mode prescribed by this constitution, which election
6hall be conducted in the manner that elections have been here¬
tofore conducted. The president, vice president, and members
'18
of congress, when duly elected, shall con,tfeue, to discharge the^
duties of their respective, offices,for the tinte and manner P*?"
scribed -by this . constitution, until .their successors be .duly
qualified. ' -J
Sec. 6. Until'the first enum eration shall ,be made, as
■ directed by this' constitution, the precinct of Austin shall be
entitled to one representative; fh*^ ; x ecinct of Brazoria to* twtf
representatives; the precinct of. Iffixar two representatives; the
precinct of Colorado one representative;, .fektbme one;- Gonzales
one; Goliad one; Harrisburg one ; Jasper one_> Jefferson one;
Liberty one; Matagorda one;' Mina two; Nacogdoches two;
lied River three ; Victoria one; San AuguAtiuef 1 wo; Shelby
two; Refugio one; San Patricio one;. Washington two;. Milam
one; and Jackson one representative. .! e- ' -
Sec. 7. Until the first enumeration shall he made, as
described by this constitution, ttio senatorial districts shall be-
•composed of the following precincts Bexar shall be entitled to
one, senator; San Patricio, Refugio, end Goliad one; Brazoria
one; Mina'and Gonzales one; Nacogdoches one; Red River
one; Shelby and Sabine one; Washington* oneMatagorda?
Jackson and Victoria one; Austin and Colorado one; San Au¬
gustine one; Milam one; Jasper and Jefferson, one;, and.Liberty
and Harrisburg one senator. . .,
r Sec. 8, All judges, sheriffs, commissioners, and* other civil
officers shall remain in office, and in the discharge- ©f the powers-
and duties of their respective offices, until there shall be others
appointed or elected under the constitution. 1
' , . ' . . GENERAL PROVISIONS. ' "
*• * ' . ' i . •
, (. Sec. I. Laws shall be made to exclude from office? front*
the right of suffrage, and from serving ,on juries, those who shall
hereafter be;convicted of bribery, perjury, or other high crimes
and misdemeanors. ■ • I ' • '
1 * Sec. 2. • < Returns of all elections for officers who are to be
commissioned by the president, shall be made to the secretary
of state of this republic. . - >
h Sec. 3. The presidents' and heads of departments shall
keep their offices at the seat of government, unless removed by
the permission of congress," or unless in cases of emergency in
time of war, the public interest may require their removal.
» ^ Sec* 4, • The president shall make use Qf his private seal
until a seal of the republic shall be provided, t
: . Sec. 15.. It shall be the duty of congress, as soon as cir-
19
cumstances will permit, to provide by law, a general system of
education.
Sec. 6. All free white persons who shall emigrate to this
republic, and who shall, after a residence of six months, make
oath before some competent authority that he intends to reside
permanently in the same, and shall swear to support this consti¬
tution, and that he will bear true allegiance to the republic of
Texas, shall be entitled to all the privileges of citizenship.
Sec. 7. So soon as convenience will permit, there shall be
a penal code formed on principles of reformation, and not of vin¬
dictive justice; and the civil and criminal laws shall be revised,
digested, and arranged under different heads; and all laws rela-
ingto iicd titles shall be translated, revised and promulgated.
Sec. 9. All persons who shall leave the country for the
purpose of evading a participation in the present struggle, or
shall refuse to participate in it, or shall give aid or assistance to
the present enemy, shall forfeit all rights of citizenship, and such
lands as they may hold in the republic.
Sec. 9. All persons of color who were slaves for life pre¬
vious to their emigration to Texas, and who are now held in
bondage, shall remain in the like state of servitude '.provided^ the
said slave shall be the bona fide property of the person so hold¬
ing said slave as aforesaid. Congress shall pass no laws to pro¬
hibit emigrants from bringing their slaves into the republic
with them, and holding them by the same tenure by which such
slaves were held in the United States; nor shall congress have
power to emancipate slaves; nor shall any slave holder be al¬
lowed to emancipate his or her slave or slaves without the con¬
sent of congress, unless he or she shall send his or her slave or
slaves without the limits of the republic. No free person of
African descent, either in whole or in part, shall be permitted
to reside permanently in the republic, without the consent of
congress; and the importation or admission of Africans or ne¬
groes into this republic, excepting from the United States of
America, is forever prohibited, and declared to be piracy.
Sec. 10. All persons (Africans, the descendants of Afri¬
cans, and Indians excepted,) who were residing in Texas on the
day of thedeclaration of independence, shall be considered citi¬
zens of the republic, and entitled to all the privileges of such.
All citizens now living in Texas, who have not received their
portion of land, in like manner as colonists, shall be entitled to
their land in the following proportion and manner : Every head
of a family shall be entitled to one league and labor of land; and
3*
20
every single man of the age of seventeen ahd upwards^ shall he
entitled to the third part of one league of land. All citizens
who may have previously to the adoption of this constitution, re¬
ceived their league of land as heads of families, and their quar¬
ter of a league of land as single persons, shall receive such addi¬
tional quantity . as will make the quantity of land received by
them equal to one league and labor, and one third of a league,
unless by bargain, sale, or exchange, they have transferred or
may henceforth transfer their right to said land, or a portion
thereof, to some other citizen of the republic: and in such case,
the person to whom such right shall have been transferred shall
be entitled to the same, as fully and amply as the person making
the transfer might or could have been.—No alien shall hold land
in Texas, except by titles emanating directly from the govern¬
ment of this republic. But if any citizen of this republic should
die intestate or otherwise, his children or heirs shall inherit his
estate, and aliens shall have a reasonable time to take posses¬
sion of and dispose of the same, in a manner hereafter to be
pointed out by law. Orphan children whose parents were en¬
titled to.land under the colonization laws of Mexico, and who
now reside in the republic, shall be entitled to all the rights of
which their parents were possessed at the time of their death.
The citizens of the republic shall not be compelled to reside on
the land, but shall have their lines plainly marked.
All orders of survey legally obtained by any citizen of the
republic, from any legally authorized commissioner, prior to the
act of the late consultation closing the land offices, shall be val¬
id. In all cases the actual settler and occupant of the soil shall
be entitled, in locating his land, to include his improvement, in
preference to all other claims not acquired previous to his settle¬
ment, according to the law of the land and this constitution—
provided, that nothing herein contained shall prejudice the right*
of any other citizen from whom a settler may hold land by rent
or lease.
And whereas, the protection of the public domain from un¬
just and fraudulent claims, and quieting the people in the enjoy¬
ment of their lands, is one of the great duties of this convention;
and whereas the legislature of Coahuila and Texas having pass¬
ed ah act in the year 1834, in behalf of general John T. Mason
of New York, and another on the 14th day of March, 1835, un¬
der which the enormous amount of eleven hundred leagues of
jand has been claimed by sundry individuals, some of whom re*
side in foreign countries, and are not citizens of the republic,—
21
which said acts are contrary to articles fourth, twelfth, and fif¬
teenth of the laws of 1824 of the general congress of Mexico, and
one of said acts, for that cause has, by said general congress of
Mexico, been declared null and void: It is hereby declared that
the said act of 1834, in favor of John T. Mason, and of the 14th
of March, 1835, of the said legislature of Coahuila and Texas,
and each and every grant founded thereon, is, and was from the
beginning, null and void; and all surveys made under pretence
of authority derived from said acts, are hereby declared to be
null and void: and all eleven league claims, located within twen¬
ty leagues of the boundary line between Texas and the United
States of America, which have been located contrary to the laws
of Mexico, are hereby declared to be null and void. And where¬
as many surveys and titles to lands have been made whilst most
of the people of Texas were absent from home, serving in the
campaign against Bexar,it is hereby declared that all the surveys
and locations of land made since the act of the late consultation
closing the land offices, and all titles to land made since that
time, are, and shall be null and void.
And whereas the present unsettled state of the country and
the general welfare of the people demand that the operations
of the land office, and the. whole land system shall be suspended
until persons serving in the army can have a fair and equal
chance with those remaining at home, to select and locate their
lands, it is hereby declared, that no survey or title which may
hereafter be made shall be valid, unless such survey or title shall
be authorized by this convention, or some future congress of the
republic. And with a view to the simplification of the land sys¬
tem, and the protection of the people and the government from
litigation and fraud, a general land office shall be established,
where all the kind titles of the republic shall be registered, and
the whole territory of the republic shall be sectionized, in a
manner hereafter to be prescribed by law, which shall enable
the officers of the government or any citizen, to ascertain with
certainty the lands that are vacant, and those lands which may
be covered with valid titles.
Sec. 11. Any amendment or amendments to this consti¬
tution, may be proposed in the house of representatives or senate,
and if the same shall be agreed to by a majority of the members
elected to each of the two houses, such proposed amendment or
amendments shall he entered on the journals, with the yeas and
nays thereon, and referred to the congress then next to be cho¬
sen, and shall be published for three months previous to the elec-
22
lion; and if the congress next chosen as aforesaid, shall pass said
amendment or amendments by a vote of two-thirds of all the
members elected to each house, then it shall be the duty of said
congress to submit said proposed amendment or amendments to
the people, in such manner and at such times as the congress
shall prescribe; and if the people shall approve and ratify such
amendment or amendments by a majority of the electors quali¬
fied to vote for members of congress voting thereon, such amend¬
ment or amendments shall become a part of this constitution:
Provided, however, that no amendment or amendments be re-
*ei?>d to the people oftener than once in three years.
DECLARATION OF RIGHTS.
This declaration of rights is declared to be a part of this
constitution, and shall never be violated on any pretence what¬
ever. And in order to guard against the transgression of the
high powers which we have delegated, we declare that every
thing in this bill of rights contained, and every other right not
hereby delegated, is reserved to the people.
First. All men, when they form a social compact, have
equal rights, and no men or set of men are entitled to exclusive
public privileges or emoluments from the community.
Second. All political power is inherent in the people, and
all free governments are founded on their authority, and insti¬
tuted for their benefit; and they have at all times an inalienable
right to alter their government in such manner as they may
think proper.
Third. No preference shall be given by law to any reli¬
gious denomination or mode of worship over another, but every
person shall be permitted to worship God according to the dic¬
tates of his own conscience.
Fourth. Every citizen shall be at liberty to speak, write,
or publish his opinions on any subject, being responsible for the
abuse of that privilege. No law shall ever be passed to curtail
the liberty of speech or of the press; and in all prosecutions for
libels, the truth may be given in evidence, and the jury shall
have the right to determine the law and fact, under the direction
of the court.
Fifth. The people shall be secure in their persons, houses,
papers, and possessions, from all unreasonable searches and sei¬
zures, and no warrant shall issue to search any place or seize any
person or thing, without describing the place to be searched or
2a
the person or thing to be seized* without probable cause, support*
ed by oath or affirmation.
Sixth. In all criminal prosecutions the accused shall have
the right of being heard, by himself* or counsel, or both; he shall
have the right to demand the nature and cause of the accusation,
shall be confronted with the witnesses against him, and have
compulsory process for obtaining witnesses in his favor. And in
all prosecutions by presentment or indictment, he shall have the
right to a speedy and public trial, by an impartial jury; he shall
not be compelled to give evidence against himself, or be de¬
prived of life, liberty, or property, but by due course of law.
And no freeman shall be holden to answer for any criminal
charge, but on presentment or indictment by a grand jury, ex¬
cept in the land and naval forces, or in the militia when in act¬
ual service in time of war or public danger, or in cases of im¬
peachment.
Seventh. No citizen shall be deprived of privileges, out¬
lawed, exiled, or in any manner disfranchised, except by due
course of the law of the land.
Eighth. No title ef nobility, hereditary privileges or honorg,
shall ever be granted or conferred in this republic. No person
holding any office of profit or trust shall, without the consent of
congress, receive from any foreign state any present, office, or
emolument of any kind.
Ninth. No person, for the same offence, shall be twice put
in jeopardy of life or limbs. And the right of trial by jury shall
remain inviolate.
Tenth. All persons shall be bailable by sufficient security,,
unless for capital crimes, when the proof is evident or presump¬
tion strong; and the privilege of the writ of "habeas corpus"
shall not be suspended, except in case of rebellion or invasion
the public safety may require it.
Eleventh. Excessive bail shall not be required, nor exces¬
sive fines imposed, or cruel or unusual punishments inflicted.. All
courts shall be open, and every man for any injury done him in,
his lands, goods, person, or reputation, shall have remedy by due
course of law.
Twelfth. No person shall be imprisoned for debt in conse¬
quence of inability to pay.
Thirteenth. No person's particular services shall be de¬
manded, nor property taken or applied to public use, unless by
the consent of himself or his representative, without just com"
pensation being made therefor according to law.,
&4
Fourteenth. Every citizen shall have the right to bear
arms in defence of himself and the republic. The military shall
at all times and in all cases be subordinate to the civil power.
Fifteenth. The sure and certain defence of a free people
is a well regulated militia; and it shall be the duty of the legis¬
lature to enact such laws as may be necessary to the organizing
of the militia of this republic.
Sixteenth. Treason against this republic shall consist only
in levying war against it, or adhering to its enemies, giving them
aid and support. No retrospective or ex-post facto law, or laws
impairing the obligation of contracts* shall be made.
Seventeenth. Perpetuities or monopolies are contrary to
the genius of a free government, and shall not be allowed; nor
shall the law of primogeniture or entailments ever be in force
in this republic.
The foregoing constitution was unanimously adopted by the
delegates of Texas, in convention assembled, at the town of
Washington, ou the seventeenth day of March, in the year of
our Lord one thousand eight hundred and thirty-six; and of the
Independence of the Republic, the first year.
In witness whereof, we have hereunto subscribed our
names.
RICHARD ELLIS,
President and Delegate from Red River.
Albert H. S. Kimble, Secretary,
C. B. Stewart, John S. Roberts,
James Collinsworth, Robert Hamilton,
Edwin Waller, Collin McKinney,
A. Brigham, A. H. Latimore,
John S. D. Byrom, James Power,
Francis Ruis, Sam. Houston,
J. Antonio Navarro, Edward Conrad,
William D. Lacy, Martin Palmer,
William Menifee, James Gaines,
John Fisher, William Clark, jum,
Matthew Caldwell, Sydney O. Pennington,
William Motley, Samuel P. Carson,
Lorenzo de Zavala, Thomas J. Rusk,
George W. Smyth, William C. Crawford,
Stephen H. Everett, John Turner,
Elijah Stepp, Benjamin Briggs Goodrich,
Claiborne West, James G. Swisher,
25
William B. Leatea,
M. B. Menard,
A* B. Hardin,
John W. Bunton,
Thomas J. Gazley,
R. M. Coleman,
Sterling C. Robertson,
George C. Childress,
Baily Hardiman,
Robert Potter,
Charles Taylor,
George W. Barnet,
Jesse Grimes,
E. O. Legrand,
David Thomas,
S. Rhoads Fisher,
John W. Bower,
J. B. Woods,
Andrew Briscoe,
Thomas Barnett,
Jesse B. Badgett,
Stephen W. Blount.
I do hereby certify that I have carefully compared the
foregoing Constitution, and find it to be a true copy from the
original filed in the archives of the Convention.
Given under my hand this 17th day of March, 1836.
Attest, H. S. KIMBLE,
Secretary of the Convention,
LAWS
of the
REPUBLIC OF TEXAS.
AN ACT
Authorizing the President of the Republic to appoint his cabinet
officers.
Be it enacted by the senate and house of representatives of the
republic of Texas, in congress assembled, That the president be,
and he is hereby authorized to appoint, by and with the advice
and consent of the senate,'in addition to the secretary of state,
a secretary each of the treasury, war, and navy departments:
also, an attorney general; which officers, when so appointed,
shall constitute the president's cabinet.
Sec. 2. Be it further enacted', That the president be, and he
is hereby authorized to fill any vacancies in said offices, which
may occur during the recess of the senate, either by death or
resignation.
IRA INGRAM,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved Oct. 25, 1836.
SAM. HOUSTON.
JOINT RESOLUTION
Recognizing the orders of General T. J, Rusk, relative to cerimiin
mail routes and carriers.
Resolved by the senate and house of representatives of the r epub-
tic of Tessas, in congress assembled, That the orders of General
4
28
T. Rusk, establishing certain mail routes, and employing
carriers, be recognised; and that the paymaster be instructed t*
audit the accounts.
IRA INGRAM,
Speaker of the house of representatives*
RICHARD ELLIS,
President pro* tcm. of the senate.
Approved, Nov. 3,1836.
SAM. HOUSTON.
JOINT RESOLUTION
Confirming the Contract of Major General Mrmican Hunt.
Be it resolved by the senate and house of representatives of
the republic of Texas, in congress assembled, That the contract
entered into by the government ad interim with Memican Hunt,
on the 11th of June last, be, and the same is hereby recognised
and re-confirmed by the existing government of this republic :
and that the president be authorized and instructed forthwith to
inform, said Hunt of the same.
IRA INGRAM,
Speaker of the house of representatives.
MIR ABE A U B. LAMAR.
President of the senate.
Approved, Nov. 7, 1836.
SAM. HOUSTON.
AN ACT
For the relief of Erastus Smith.
Whereas, it is both just and wise in a government to re-
Ward bravery, gallant daring, and exalted patriotism in her citi¬
zens ; and whereas Erastus Smith, usually known and called
" Deaf Smith f unites these qualities in an exalted degree, toge¬
ther with his heavy losses, constant services, and self sacrifices
in the cause of Texas and liberty; therefore,
Sec. 1. Be it enacted by the senate and house o f representatives
of the republic of Texas in congress assembled, That there shall be.
and is hereby granted to Erastus Smith, his heirs or assigns for-
«ver, any house and lot in the city of Bexar, which may he con-
29
nscated to the public use, under the provisions and by authority
of any law or laws of this republic.
Sec. 2. And be it further enactedr That it shall be lawful
for said Erastus Smith, his heirs or assigns, to avail himself of
the benefit of this act at as early a period as he may desire, from
and after said confiscated property shall be lawfully ascertained.
Sec. 3. And be it further enacted, That in farther conside¬
ration of what is justly due to said Erastus Smith, his heirs or
assigns for ever, he shall be, and is hereby granted one league
and one labor of public land, to be by him, his heirs or assigns,
selected of any of the public domain of Texas, so soon as the
land offices are opened for entry and location : provided that no
public property, such as forts, court houses, calibooses, churches,
public squares, <fcc. shall be granted to said Erastus Smith.
IRA INGRAM,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President «f the senate.
Approved, Nov 11, 1836.
SAM. HOUSTON.
JOINT RESOLUTION
For sending a Minister to the United States of America.
Whereas, the good people of Texas, in accordance with a
proclamation of his Excellency D. G. Burnet, president ad inter
rim of the republic, did, on the first.Monday of September JaaC
past, at an election held for president, vice president, senators,
and representatives of congress, vote to be annexed to the
United States of America, with an unanimity unparalleled in
the annals of the elective franchise, only ninety-three of the
whole population voting against it:
Be it therefore resolved by the senate and house of representa¬
tives of the republic of Texas, in congress assembled, That the
president be, and he is hereby authorized and requested to des¬
patch forthwith to the government of the United States of
America, a minister, vested with ample and plenary powers to
enter into negotiations and treaties with the United States go¬
vernment for the recognition of the independence of Texas, and
for an immediate annexation to the United Statesj a measorS
30
required by the almost unanimous voice of the people of Texas*
and fully concurred in by the present congress.
IRA INGRAM,
- Speaker of the house, of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Novj 16, 1836.
SAM. HOUSTON.
AN ACT
Providing for an increase of the Navy.
Sec. 1. Be it enacted by the senate and house of representa <
ives of the republic of Texas,, in congress assembled, That the pre-
ent naval force of the Republic shall be, as soon as practicable,
ncreased by the building or purchase of the following number
and description of vessels, viz : One sloop of war, mounting
twenty-four guns, and of such a draft of water as will enable
her to enter the port of Galveston; also two armed steam ves¬
sels, drawing, when loaded, not exceeding six feet water, built
upon the most approved plan, and capable of transporting seven
hundred and fifty men and provisions each: and two schooners
mounting eleven guns each, carrying two topsails, and not to
draw over eight feet and a-half water.
Sec. 2. And be it further enacted, That the president shall
forthwith, by and with the consent of the senate, appoint some
proper person, or persons, whose duty it shall be to proceed im¬
mediately to the United States of America, and purchase or
contract for and superintend the building of the above named
number and description of vessels.
IRA INGRAM,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Nov. 18, 1836.
SAM. HOUSTON.
31'
AN ACT
Providing rations, and other comforts, for soldiers, and widows of
soldiers, at the town of Columbia.
Sec. 1. Be it enacted by the senate and house of representatives
<tj the republic of Texas, in congress assembled, That the president
of the republic of Texas shall be, and he is hereby authorised
juid empowered to appoint one quarter master, and such num¬
ber of commissaries as he may deem requisite to discharge the
duties herein prescribed.
Sec. %. 4nd be it further enacted, That the quarter master
'hall j^oyide tents and rations for all soldiers that may he her*
at the to-vn of Columbia, and detain i on business with this
governments A shall also be his duty to provide for the sick, and
also for widcws and their families.
Sec. 3. And be it further enacted, That the president be, and
is hereby farther authorised and empowered to order the quar¬
ter master to make use of any or all the public cattle, recently
driven tc this place for the purposes specified in the second sec®
tion of this act.
Sec. 4. And be it further enacted, That it shall be the duty
«f the quarter master to make out a clear, concise, and full re¬
port of all disbursements and expenditures, the names of each
and every individual, the length of time that they have been fur¬
nished, and the amount furnished to each one, at least once in
every month.
Sec. 5. And be it further enacted, That the president of
the Republic shall be, and is hereby fully authorised and em¬
powered, to cause to be defrayed by this government, all ex¬
penses that may be incurred under the provisions of the fore¬
going act.
IRA INGRAM,
Speaker of the. house of representatives.
MIR ABE AU B. LAMAR,
President of the senate.
Approved, Nov. 18, 1836.
SAM. HOUSTON.
4*
32
AN ACT
To authorise the President, to negotiate a loan on the bonds of the
government not exceeding Jive millions of dollars.
Sec. 1. Be it enacted by the senate and house of representa¬
tives of the republic of Texas, in congress assembled, That the presi¬
dent of this republic be, and he is hereby fully authorised to issue
bonds of this republic, for the sum of one thousand dollars each,
not exceeding five millions of dollars; which bonds shall be
signed by the president and secretary of state, and countersigned
by the secretary of the treasury; shall be negotiable by simple
endorsement, and shall bear an interest on the face thereof, at
a rate not exceeding ten per cent, per annum, to be paid to the
holders thereof at such times and place as may be stipulated in
said bonds. Said bonds to be prepared as soon as practicable
under the direction of the president, and made redeemable in
thirty years from the day of date.
Sec. 2. Be it further enacted, That the president, by and
with the advice and consent of the senate, shall appoint two
commissioners into whose hands said bonds shall be delivered by
the president, who shall immediately proceed to the United
States of America, for the purpose of negotiating said bonds; but
if said commissioners should not be able to negotiate the sale of
said bonds in the United States of America, then, in that case,
they are authorised and hereby required to proceed to Europe
for the purpose of effecting said negotiations.
Sec. 3. Be it further enacted, That in case of the death or
resignation of said commissioners, or either of them during the
recess of congress, the president is hereby fully empowered to
fill such vacancy, or vacancies, until the meeting of the next
congress.
Sec. 4. Be it further enacted, That said commissioners are
hereby required to correspond with the secretary of the treasury,
of this republic, informing him of the progress of their negotia¬
tions; and that said commissioners be, and are hereby required
to pay over to said secretary of the treasury all monies which they
may receive from the sale of said bonds, or any portion thereof.
Sec. 5. Be it further enacted, That it shall be the duty of
the secretary of the treasury to la v before each and every con¬
gress, early in every session, a full statement of all such sal,e or
sales of said bonds, as may have been effected, showing the
^rms and conditions of said sale y sales, the expenses accruing
33
thereon, and what dispositions have been made of the proceeds
of the same.
Sec. 6. Be it further enacted, That said commissioners are
hereby authorised to negotiate two millions of dollars of said
bonds redeemable in a less time than thirty, but not for a shorter
period than five years.
Sec. 7. Be it further enacted, That if any bank or banks
shall become the purchaser, or purchasers, of any portion of
said bonds, then and in that case, said commissioners are hereby
authorised to stipulate that the notes of said bank or banks shall
be received at par, in payment of all public dues of this republic,
to the amount of their loan or purchase of said bonds, so long as
iaid bank or banks continue solvent and specie paying; and if
any aank ur banks become the purchaser or purchasers of any
portion of said bonds, the said commissioners shall specify on the
face «f said bond or bunds, that they are redeemable and paya¬
ble in the notes of said bank or banks.
Sec. 8. Be it further enacted, That if any bank or banks
which may purchase said bond or bonds, or any portion of them
shall fail, stop payment, or refuse to redeem its or their notes
with specie, then and in that case the government of Texas shall
have the privilege, of terminating the loan with said bank at any
time, by a payment of the principal and interest of the same.
Sec, 9. Be it further enacted, That said commissioners are
hereby authorised to give to the purchasers of said bonds the
privilege of at any time taking the amount of their loans or pur¬
chases in land, at the minimum government price; or if the
public lands are sold at auction, that said lenders or purchasers
shall be allowed to bid, and pay the amount of their bids with
any of such bonds at they may have purchased.
Sec. 10. And be. it further enacted, That for the punctual
payment of the interest, and final redemption of said bonds, the
public faith is hereby solemnly pledged; and also all the pro¬
ceeds of the sales of the public domain; and also all the taxes
on lands which may accrue to this government after the year
1838, are hereby reserved and appropriated for that special
purpose,
IRA INGRAM,
Speaker of the house of representatives.
MIRABEAU B. LAMAR.
President of the senate.
Approved, Nov. 18, 1836.
SAM. HOUSTON.
34
JOINT RESOLUTION
Explaining the different acts in relation to the service of Voluntcprsp
and extending the acts relating to bounty lands.
Sec. 1. Be it resolved by the senate and house of representatives
of the republic of Texas in congress assembled, That the pay of
volunteers from the United States and elsewhere shall commence
from the time of their embodying and leaving home, provided
said time shall not exceed sixty days prior to their being mus¬
tered into service of the republic of Texas, at which time their
term of service will commence.
Swo. 2. Be it further resolved, That the provisions of the
ordinance granting the lands to volunteers from the United
JK? tes and elsewhere, be so construed as to extend to all who
hare r ndered service as volunteers in the army of the republic
of Texas.
Sec. 3. And be it further resolved, That all volunteers who
have entered the service of the republic of Texas since the first
lay of July last, shall be entitled to the same pay and bounties
c f land as those who entered the service prior to that time.
IRA INGRAM,
Speaker of the house of representatives.
MIRABEAU B. LAMAR.
President of the senate.
Vetoed by the president, and passed by a constitutional ma¬
jority of the house of representatives, November 23, 1836.
IRA INGRAM,
Speaker of the house of representatives.
This act was vetoed by the president, and passed by a con¬
stitutional majority of the senate, November 24, 1836.
RICHARD ELLIS,
President pio tern. of the senate.
AN ACT
For establishing Rules and Articles for the government of the Ar¬
mies of the Republic of Texas.
Be it enacted by the, senate and house of representatives of the
republic of Texas in congress assembled, That from and after the
passing of this art, th» following shall be the rules and regula¬
tions by which the armies of said republic of Texas shall be
governed.
35
Art. 1. Any officer or soldier, who shall use contemptu¬
ous or disrespectful language towards the president of the repub¬
lic, against the vice president or congress thereof, if a commis¬
sioned officer, shall be cashiered or otherwise punished, as a
court martial shall direct; if a non-commissioned officer, or sol¬
dier, he shall suffer such punishment as shall be inflicted on him
by the sentence of a court martial.
Art. 2. Any officer or soldier, who shall behave himself
with contempt or disrespect towards his commanding officer,
shall be punished, according to the nature of his offence, by the
judgment of a court martial.
Art. 3. Any officer or soldier, who shall begin, cause,
excite, or join in any meeting or sedition in any troop or com¬
pany, in the service of the republic, or in any party, post, de¬
tachment, or guard, shall suffer death, or such punishment as by
a court martial shall be inflicted.
Art. 4. Any officer, non-commissioned officer, or soldier,
who, being present at any mutiny, or sedition, and does not use
his utmost endeavours to suppress the same, or coming to the
knowledge of any intended mutiny, does not, without delay, give
information thereof to his commanding officer, shall be punished
by the sentence of a court martial with death, or otherwise, ac¬
cording to the nature of his offence.
Art. 5. Any officer, or soldier, who shall strike his supe¬
rior officer, or lift any weapon, or offer any violence against
him, being in the execution of his office, on any pretence what¬
ever, or shall disobey any lawful command of his superior officer,
shall suffer death, or such other punishment as shall, according
to the nature of his offence, be inflicted upon him by the sen¬
tence of a court martial.
Art. 6. Every non-commissioned officer, or soldier, who
shall enlist himself in the regular service of this republic, shall,
at the time of his enlisting, or within six days afterwards, have
the articles for the government of the armies of the republic
read to him, and shall, by the officer who enlisted him, or by the
commanding officer of the troop or company in which he was
enlisted, be taken before the next civil or chief magistrate of
any city or town corporate, not being an officer of the army;
or where recourse cannot be had to the civil magistrate, before
the judge advocate; and in his presence shall take the following
oath or affirmation: "I,
do solemnly swear or affirm, (as the case
may be,) that I will bear true allegiance to the republic of Texas,
30
xnd that I will serve her honestly and faithfully against ail hei
enemies, or opposers whatsoever, and observe and obey the orders
of the president of the republic, and the officers appointed over
me, according to the rules and articles for the government of
the armies of the republic:" Which justice, magistrate, or judge
advocate, is to give the officer a certificate, stating that the man
enlisted did take the oath or affirmation.
Art. 7. After a non-commissioned officer or soldier shall
have been duly enlisted and sworn, he shall not be dismissed the
service without a discharge in writing; and no discharge granted
to him shall be sufficient whiclr is not signed by the field officer
of the regiment to which he belongs; or commanding officer, when
no field officer of the regiment is present; and no discharge shall
be given to a non-commissioned officer, or soldier, before his term
of service shall have expired, but by order of the president, the
secretary of war, the commanding officer of a department, or
the sentence of a general court martial; nor shall a commis¬
sioned officer be discharged but by order of the president of the
x'epublic, or by order of a general court martial.
Art. 8. Every colonel or officer commanding a regiment,
troop, or company, and actually quartered with it, may give
furloughs to non-commissioned officers and soldiers in such num¬
bers, and for such a length of time, as he shall judge to be most
consistent with the good of the service; and a captain or other
inferior officer, commanding a troop or company, or in any garri¬
son, fort, or barrack of the republic, (his field officer being ab¬
sent.) may give furloughs to non-commissioned officers or soldiers,
for a term not exceeding twenty days in six months; but not to
more than two persons to be absent at the same time, excepting
some extraordinary occasion should require it.
Art. 9. At every muster the commanding officer of each
regiment, troop, or company, there present, shall give to the
inspector general, or other officer, who musters said regiment,
troop, or company, certificates, signed by himself, signifying how
long such officers as shall not appear at said muster have been
absent, and the reason of their absence. In like manner every
commanding officer of every troop or company, shall give certi¬
ficates, signifying the reasons of the absence of the non-commis¬
sioned officers, and private soldiers, which reasons and time of
absence shall be inserted in the muster rolls, opposite the respec¬
tive names of the absent officers and soldiers. The certificates
ahall, together with the muster rolls,be transmitted by the inspect
3?
lor general, or other officer mustering, to the secretary of war,
as speedily as the distance of the place . ill admit.
Art. 10. Every officer, who shall be convicted before a
general court martial, of having signed a false certificate, relat¬
ing to the absence of either officer or private soldier, or relative
to his or their pay, shall be cashiered.
Art. 11. Every officer who shall make, knowingly, a
false muster roll of man or horse, and every officer or inspector
general who shall willingly sign, direct, or allow the signing of
muster rolls, wherein such false muster is contained, shall, upon
proof m de by two witnesses, before a general court martial, be
cashiered; and shall be thereby utterly disabled to have or hol<J
any office or employment in the service of the republic.
Art. 12. Any officer who shall presume to muster a per¬
son as a soldier, who is n t a soldier, shall be deemed guilty of
having made a false muster, and shall suffer accordingly.
Art. 13. Any officer who shall, knowingly, make a false
return to the department of war, or to any of his superior offi¬
cers, authorised to call for such returns of the state of the regi¬
ment, troop, company, or garrison, under his command, or of the
arms, ammunition, and clothing or other stores thereunto be¬
longing, shall, on conviction thereof before a court martial, be
cashiered.
Art. 14. The commanding officer of every regiment,
troop, or independent company, or garrison of the republic,
shall, in the beginning of ev, r y month, remit, through the proper
channels, to the department of war, an exact return of the regi¬
ment, troop, independent company, or garrison, under his com¬
mand, specifying the natru s of the officers then absent from their
posts, with the reasons for, and the time of their absence. And
any officer who shall h- (unvictcd of having, through neglect or
design, omitted sending surh returns, shall be punished accord¬
ing to the nature of the offence, by the sentence of a general
court martial.
Art. 15. All officers and soldiers who have received pay,
or have been duly enlisted in the service of the republic, and
shall be convicted of having deserffid the same, shall suffer death.
*r other punishment, as by sentence of a court martial shall be
decreed.
Art. 16. Any non-commissioned officer, or soldier, who
shall, without leave from his commanding officer, absent himself
from his troop, company, or detarhrr. nt, seal], upon being con¬
victed thereof, be punished according to the nature of his offence.
38
at the discretion of a ccrurt martial. No non-commissioned offi¬
cer, or soldier, shall enlist himself in any other regiment, troop,
or company, without a regular discharge from the regiment,
troop, or company in which he last served, on the penalty of
of being reputed a deserter, and suffering accordingly; and in
case any officer shall, knowingly, receive or entertain such non¬
commissioned officer, or soldier, or who shall not, after his being
discovered to be a deserter, confine him, and give notice thereof
to the corps in which he has served, the said officer shall, by a
court martial, be cashiered.
Art. 17. Any officer, or soldier, who shall be convicted
of having advised or persuaded any other officer or soldier to
desert the service of the republic, shall suffer death, or ;uch other
punishment as shall be inflicted upon him by the sentence of a
court martial.
Art. 18. No officer or soldier shall use any reproachful
language or gesture to another; if an officer, upon pain of being
put un'der arrest; if a soldier, confined; and shall ask pardon of
the party offended in the presence of the comm nding officer.
Art. 19. No officer or soldier shall send a challenge to
another officer or soldier to fight a duel, or accept a challenge
if sent, upoh pain, if a commissioned officer, of being cashiered;
if a non-commissioned officer or soldier, of suffering corporeal
punishment, at the discretion of a court martial.
Art. 20. If any commissioned or non-commissioned offi¬
cer of a guard shall, knowingly or willingly, suffer any person
wha'ever to go forth to fight a duel, he shall be punished as a
challenger; and all seconds, promoters, and carriers of chal¬
lenges, in order to fight a duel, shall be deemed as principals,
and punished accordingly. And it shall be the duty of every
officer commanding an army, regiment, post, or detachment,
who is knowing to a challenge being given to, or accepted by
any officer, non-commissioned officer, or soldier under his com¬
mand, or has reason to believe the same to be the case, imme¬
diately to bring to trial such offenders.
Art. 21. All officers, of what condition soever, have
power to part and quell all quarrels, frays, and disorders, though
the person concerned shall belong o another regiment, troop,
or company, and either to order officers into arrest, non-commis¬
sioned officers and soldiers into confinement, until their proper
superior officers shall be acquainted therewith; and whoever
shall refuse to obey such officer, (though of inferior rank,) or
39
shall draw his sword upon him, shall be punished at the discre¬
tion of a general court martial.
Art. 22. Any officer, or soldier, who shall upbraid ano¬
ther for refusing a challenge, shall himself be punished as a
challenger; and all officers and soldiers are hereby discharged
from any imputation of dishonor or disgrace, which might arise
from their having refused to accept of challenges, as they will
only have acted in obedience to the laws, and done their duties
as good soldiers, who subject themselves to discipline.
Art. 23. All officers, commanding in the held, forts, bar¬
racks, or garrisons of the republic, are hereby required to see
that all the persons permitted to settle, shall supply the soldiers
with good and wholesome provisions, or other articles, at a rea¬
sonable price, as they shall be answerable for their neglect.
Art. 24. No person commanding in any of the forts, gar¬
risons, or barracks of the republic, shall exact exorbitant prices
for houses, stalls let out to settlers, or connive at the like exac¬
tions in others, or by his own authority, or for his private ad¬
vantage, lay any duty or imposition, or be interested in the sale
of any victuals, liquors, or other necessaries of life brought into
the forts, garrisons, and barracks, for the use of the soldiers, on
the penalty of being discharged from the service.
Art. 25. Every officer commanding in quarters, garrison,
or on the march, shall keep good order, and to the utmost of his
ability, redress all abuses or disorders, which may be committed
by any officer or soldier under his command, if upon complaint
made to him, of officers or soldiers beating, or otherwise ill treat¬
ing any person; of disturbing fairs and markets, or of commit¬
ting any kind of riot, to the disquiet of the cilizcns of this repub¬
lic, he, the said commander, who shall refuse or omit to see justice
done to the offender or offenders, and reparation made to the
party or persons injured, as far as part of the offender's pay shall
enable him or them, shall, upon proof thereof, be cashiered, or
otherwise punished as a general court martial shall direct.
Art. 26. When any commissioned officer or soldier shall
be accused of a capital crime, or of having used violence, or
committed any offence against the person or property of any
citizen of the republic, such as is punishable by the known laws
of the land, the commanding officer and officers of every regi¬
ment, troop, or company, to which the person or persons so ac¬
cused shall belong, are hereby required, upon application diilj<
made, by or in behalf of the party or parties so injured, to use
their utmost endeavours to deliver over such accused person or
40
persons to the civil magistrate, and likewise to be aiding and
assisting to the officers of justice, in apprehending and securing
the person or persons so accused, in order to bring him or them
to trial. If any commanding officer, or officers, shall wilfully
neglect or refuse, upon the application aforesaid, to deliver over
such accused person or persons to the civil magistrates, or to be
aiding and assisting to the officers of justice, in apprehending
such person or persons, the officer or officers so offending, shall
be cashiered.
Art. 27. If any officer shall think himself wronged by
his colonel, or the commanding officer, and shall, upon due ap¬
plication being made to him, be refused redress, he may com¬
plain to the general commanding in the division or brigade to
which his regiment is attached, in order to obtain justice; who
is hereby required to examine into the said complaint, and take
proper measures for redressing the wrongs complained of, and
transmit as soon as possible to the department of war a true
statement of said complaint, with the proceedings had thereon.
Art. 28. If any inferior officer or soldier shall think him¬
self wronged by his captain or other officer, he is to complain
thereof to the commanding officer of the regiment, who is hereby
required to summon a regimental court martial for doing justice
to the complainant: from which regimental court martial either
party may, if he thinks himself still aggrieved, appeal to a gene¬
ral court martial; but if, upon a second hearing, the appeal shall
appear vexatious and groundless, the person so appealing shall
be punished at the discretion of the said court martial.
Art. 29. Any commissioned officer, store keeper, or com¬
missary, who shall be convicted, at a general court martial, of
having sold, without a proper order for that purpose, embezzled,
misapplied, or wilfully or through neglect, suffer any of the pro¬
visions, arms, forage, clothing, or other military stores, belonging
to the republic, to be spoiled or damaged, shall at his own ex¬
pense make good the damages; and shall, moreover, forfeit all
his pay and be dismissed from the service.
Art. 30. Any non-commissioned officer or soldier, who
shall be convicted at a general court martial, of having sold, lost,
or spoiled, through neglect, his horse, arms, c othes or accoutre¬
ments, shall undergo such weekly stoppages (not exceeding half
of his pay,) as such court martial shall judge sufficient for re¬
pairing the loss or damage, and shall suffer confinement or such
corporeal punishment as his crime shall deserve.
Art. 31. Any non-commissioned officer sr soldier whd
41
shall be convicted at a regimental court martial, of having sol'd.
or designedly, or through neglect, wasted the ammunition de¬
livered out to him, to be employed in the service of the republic,
shall be punished at the discretion of such court.
Art. 32. Every officer who shall be convicted, before a
Court martial, of having embezzled or misapplied any money
with which he may have been entrusted, for the payment of the
men under his command, or for enlisting men into the service,
or for other purposes, if a commissioned officer, shall be cashiered,
and compelled to refund the money; if a non-commissioned offi¬
cer, shall be reduced to the ranks, be put under stoppages until
the money be made good, and suffer such corporeal punishment
as such court martial shall direct.
Art. 33. Every captain of a company is charged with the
arms and accoutrements, ammunition, clothing, or other warlike
stores, belonging to the troop or company under his command,
which he is to be accountable for to his colonel, in case of their
being lost, spoiled and damaged, not by unavoidable accidents,
or on actual service.
Art. 34. No officer or soldier shall be out of his quarters,
garrison, or camp, without leave from the superior officer, upon
penalty of being punished according to the nature of his offence,
by the sentence, of a court martial.
Art. 35. Every non-commissioned officer and soldier shall
retire to his quarters or tent at the beating of retreat, in default
of which he shall be punished according to the nature of his
offence, by the sentence of a court martial.
Art. 36. No officer, non-commissioned officer, or soldier,
shall fail in repairing to the place of parade, of exercise, or other
rendezvous, appointed by his commanding officer, if not pre¬
vented by sickness or some other evident necessity, or shall go
from the said place of rendezvous without leave from his com¬
manding officer, before he shall be regularly relieved or dismissed,
on the penalty of being punished according to the nature of his
offence, by the sentence of a court martial.
Art. 37. Any commissioned officer who shall be found
drunk on his post, shall be cashiered. Any non-commissioned
officer or soldier so offending, shall suffer such corporeal punish¬
ment as shall be inflicted by the sentence of a court martial.
Art. 38. Any sentinel who shall be found sleeping upon
his post, or shall leave it before he shall be regularly relieve^,
shall suffer death, or such other punishment as shall be inflicted
by the sentence of a court martial.
42
Art. 39. No soldier belonging to any regiment, troop, or
company, shall hire another to do his duty for him, or be excused
from duty, but in case of sickness, disability, or leave of absence:
and every soldier found guilty of hiring his duty, as also the part)
so hired to do another's duty, shall be punished at the discretion
of a regimental court martial.
Art. 40. And every nor-commissioned officer conniving
at such hiring of duty aforesaid shall be reduced; and every
commissioned officer knowing and allowing such ill practices in
the service, shall be punished by the sentence of a general court
martial.
Art. 41. Any officer belonging to the service of the re¬
public, who, by firing of arms, drawing of swords, beating of
drums, or by any other means whatsoever, shall occasion false
alarms in camp, garrison, or quarters, shall suffer death, or such
other punishment as shall be ordered by the sentence of a gene¬
ral court martial.
Art. 42. Any officer or soldier who shall, without urgent
necessity, or without the leave of his superior officers, quit his
guard, platoon, or division, shall be punished according to the
nature of his offence, by the sentence of a court maitial.
Art. 43. No officer or soldier shall do violence to any
person, who brings provisions or other necessaries to the camp,
garrison, or quarters of the forces of the republic, employed in
any part of the republic, upon pain of death or such other pun¬
ishment as a court martial shall direct,
Art. 44. Any officer or soldier who shall misbehave him¬
self before the enemy, runaway, or shamefully abandon any fort,
post, or guard, which he or they may be commanded to defend,
or speak words inducing others to do the same, or shall cast away
his arms and ammunition, or who shall quit his post, or colors, to
plunder and pillage; every such offender, being duly convicted
thereof, shall suffer death, or such other punishment as shall be
ordered by the sentence of a general court martial.
Art. 45. Any person belonging to the armies of the re¬
public, who shall make known the watchword to any person who
is not entitled to receive it, according to the rules and discipline
of war, or shall presume to give a parole or watchword different
from what he received, shall suffer death, or such other punish¬
ment as shall be ordered by the sentence of a general court
martial.
Art. 46. All officers and soldiers are to behave them¬
selves orderly in quarters and upon the march: and whoever
43
shall commit tiny waste or spoil, cither in walks of trees, park^
warrens, fish ponds, houses and gardens, enclosures, cornfields,
&c., or shall maliciously destroy any property whatsoever, be¬
longing to the republic, unless by command of the commander-
in-chief the armies of the said republic, shall (besides such penal-
tics as they are subject to by law) be punished according to the
nature and degree of the offence, by the judgment of a general
or regimental court martial.
Whosoever employed in the armies of the republic in foreign
parts, shall force a safeguard, shall suffer death.
Art. 47. Whosoever shall relieve the enemy with money,
victuals, or ammunition, or who shall knowingly harbor or pro¬
tect an enemy, shall suffer death, or such other punishment as
shall be ordered by the sentence of a court martial.
Art. 48. Whosoever shall be convicted of holding a cor¬
respondence with, or giving intelligence to the enemy, either
directly or indirectly, shall suffer death, or such other punish¬
ment as shall be ordered by the sentence of a court martial.
Art. 49. All public stores taken in the enemy's camp,
towns, ports, or magazines, whether of artillery, ammunition,
clothing, forage, or provisions, shall be secured for the service
of the republic, for the neglect of which the commanding officer
is to be answerable.
Art. 59. If any commander of an) garrison, fortress, or
post, shall be compelled, by the officers and soldiers under his
command, to give up to the enemy, or abandon it, the commis¬
sioned officers or soldiers, who shall be convicted of having so
offended, shall suffer death, or such other punishment as shall be
inflicted upon them by the sentence of a court martial.
Art. 51. All suttlers and retainers to the camp, and per¬
sons whatsoever, serving with the armies of the republic in the
field, though not enlisted soldiers, are to be subject to orders,
according to the rules and discipline of war.
Art. 52. Officers having commissions of a prior date to
those of the regiment in which they serve, may take place in
courts martial and on detachments, when composed of different
corps according to the rank given them in their former commis¬
sions; but in tne regiment, troop, or company, to which such
officers belong, they shall do duty and take rank, both in courts
martial, and on detachments, which shall be composed only of
their own corps, according to the commissions by which they
are mustered in said company.
Art. 53. The functions of the engineers being generally
5*
14
confined to the most elevated branch of military science, thfey
are not to assume, nor are they subject to be ordered on any
duty beyond the line of their profession, except by the special
order of the president of the republic, but they are to receive
every mark of respect to which their rank in the army may en¬
title them respectively, and are liable to be transferred at the
pleasure of the president, from one corps to another, regard
being had to rank.
Art. 54. General courts martial may consist of any num¬
ber of commissioned officers, from-five to thirteen, inclusive, btit
they shall not consist of less than thirteen, wrhen that number
can be convened without manifest injury to the service.
Art. 55. Any general officer commanding an-army, or
colonel commanding a separate department, may appoint gene¬
ral courts martial whenever necessary. But no sentence of a
court martial shall be carried into execution until after the whole
proceedings shall have been laid before the officers ordering the
same, or the officer commanding the troops for the time being:
neither shall any sentence of a general court martial in time of
peace, extending to the loss of life, dismission of a commissioned
Officer, or which in a time of peace or war, respecting a general
officer, be carried into execution until after the whole proceed¬
ings shall have been transmitted to the secretary of war, to be
laid before the president of the republic for his confirmation or
disapproval •,. and orders in the ease of all other sentences may
be confirmed and executed by the officer ordering the court to
assemble, or the commanding officer for the time being, as the
case may be.
Art, 56. Whenever a general officer commanding an
army, or a colonel commanding a separate detachment, shall be
the prosecutor or accuser of any officer in the army of the re¬
public, under his command, the general court martial for the
trial of such officer shall be appointed by the president of the
republic.
Art. 57. The proceedings and sentence of said court shall
be sent directly to the secretary of war, to be by him laid be¬
fore the president for his confirmation or approval, or orders ifi
the case.
Art. 58. Every officer commanding a regiment or corps
may appoint courts martial, to consist of three commissioned
officers for the trial and punishment of offences not capital, and
decide upon their sentences. For the same purposes, all officers
commanding any garrisons, forts, barracks., and other places,
45
When the troops consist of different corps, and in cases wherein
there is but one corps, and the commanding officer, not author-
ized to order a regimental court martial, may assemble courts
martial to consist of three commissioned officers, and decide upon
their sentences.
Art. 59. No garrison or regimental couft martial ghall
have power to try capital cases or commissioned officers, nei¬
ther shall they inflict a fine exceeding one month's pay, nor
imprison nor put to hard labor, any non-commissioned officer or
soldier for a longer time than one month.
Art. 60. The judge advocate, or some person deputed
by him, or by the general, or officer commanding the army, de¬
tachment, or garrison, shall prosecute in the name of the repub¬
lic, but shall so far consider himself as counsel for the prisoner,
after the said prisoner shall have made his plea, as to object to
any leading question, to any of the witnesses, or to the prisoner,
the answer to which might tend to criminate hirriself; and ad¬
minister to each member of the court, before they proceed tO
any trial, the following oath, which shall also be taken by all
members of the garrison and regimental courts martial: "You
do solemnly swear that you will well and
truly try, and determine according to evidence, the matter now
before you, between the republic of Texas and the prisoner to
be tried, and that you will truly administer justice according to
an act establishing rules and articles for the government of the
armies of the republic of Texas, without favor, partiality, or af¬
fection; and if any doubts shall arise, not explained by said,
articles according to your conscience, the best of your under¬
standing, and the custom of war in like cases: and you do fur¬
ther swear, that you will not divulge the sentence of the court
martial, until it shall be published by the proper authority ; nei¬
ther will you discover or disclose the vote or the opinion of any
particular members of this court martial, unless required to give
evidence thereof, as a witness, by a court of justice, in due course
of law, so help you God."
And so soon as the said oath shall have been administered
to the respective members, the president of the court shall ad¬
minister to the judge advocate, or person officiating as such, an
oath in the following words: "You do solemnly
swear that you will not disclose or discover the vote or opinion
of any member of the court martial, unless required to give evi¬
dence thereof as a witness by a court of justice, in the course of
law- nor div*»W- tt>« sentence of the court to anv but the proaer
46
authority, until it shall be duly disclosed by the same; so help
you God."
Art. 61. When a prisoner, arraigned before a general
court martial, shall, from obstinacy and deliberate design, stand
mute, or answer foreign to the purpose, the court may proceed
to trial and judgment, as if the prisoner had regularly pleaded
not guilty.
Art. 62. When a member shall be challenged by a pris¬
oner, he must state his cause of challenge of which the court-
shall, after due deliberation, determine the validity or relevancy,
and decide accordingly; and no challenge to more than one
member at a time, shall be received by the court.
Art. 63. All members of a court martial are to behave
with decency and calmness, and in giving their votes shall begin
with the youngest in commission.
Art. 64. All persons who give evidence before a court
martial are to be examined on oath or affirmation, in the follow¬
ing form : '• You swear or affirm (as the case may be,) the evi¬
dence you shall give, in the case now in hearing, shall be the
truth, the whole truth, and nothing but the truth, so help me
God."
Art. 65. On the trials of cases, not capital, before courts
martial, the deposition of witnesses, not in line or staff of the
army, may be taken before some justice of the peace, and read
in evidence, provided the prosecutor and person accused are
present cn taking the same, or arc duly notified thereof.
Art. 66. No officer shall be tried by a general court
martial, nor by officers of an inferior rank, if it can be avoided;
nor sha-1 any proceedings or trials be carried on, excepting be¬
tween the hours of eight in the morning and three in the after¬
noon," excepting in cases which, in the opinion of the officers
appointed, the court martial required immediate example.
Art. 67. No person whatsoever shall use any name, any
gestures, or sign in presence of a court martial, or shall cause
any disorder or riot, or disturb theii proceedings, in the penalty
of being punished at the discretion, of said court martial.
Art. 68. No officer shall be tried but by a general court
martial, or shall cause any disorder or riot, or disturb their pro-
cecdings, on the penalty of being punished at the discretion of
a court martial.
Art. 69. Whenever any officer shall be charged with a
crime, he shall be confined to his barracks, quarters, or tent, and
deprived of his sword, by the commanding officer; and any offi
\.er who shall leave his confinement before he shall be set at
liberty by his commanding officer, or by a superior officer, shall
be cashiered. Non-commissioned officers and privates charged
with crimes, shall be confined and tried by a court martial, or
released by a proper authority.
Art. 70. No officer or soldier who shall be put in arrest
uhall continue in confinement more than eight days, or such time
as a court martial can be assembled.
Art. 71. No officer commanding any g',Yard, or provost'
martial shall refuse to receive or keep ap.y prisoners committed
to his charge by any officer bc'ongiug to the forces of the repub¬
lic, provided the officer at the same time deliver an account in
writing, signed by hims.tit, of the crime with which the said
prisoner is char^fi.
Art, 72. No officer commanding a guard, or provost
martial shall presume to release any person committed to his
charge without authority for so doing, nor shall he suffer any
person to escape in the penalty of being punished for it by a
court martial.
Art. 73. Every officer or provost martial, to whose charge
prisoners shall be committed, shall, within twenty-four hours
after such commitment, or as soon as he shall be relieved from
his guard, make report in writing, to the commanding officer of
their names, their crimes, and the names of the officers who
committed them, on the penalty of being punished for disobe¬
dience or neglect, at the discretion of a court martial,.
Art. 74. Any commissioned officer convicted before a
general court martial, of conduct unbecoming an officer and a
gentlemen, shall he dismissed the service.
Art. 75. In cases when a court martial may think-it pro¬
per to sentence a commissioned officer to be suspended from
command, they shall have power also to suspend his pay and
emoluments for the same time, according to the nature and
heinousness of the offence.
Art. 76. In all cases, wfien a commissioned officer is
cashiered for cowardice or fraud, it shall be added in the sen¬
tence, that the crime, name and place of abode, and punishment,
of the delinquent, be published in the newspapers, ir. and about
the camp, or where he usually resides, after which it shall be
deemed scandalous for an officer to associate with him.
77, The commanding officer of any post or detach¬
ment, in which there shall not be a number of officers adequate
i'p form a general court martial, shall, in cases which require the
48
cognizance of such a court, report to the commanding officer ot
the department, who shall order a court to be assembled at the
nearest post or detachment, and the party accused, with the
necessary witnesses, to be transported to the place where the
said court shall be assembled.
Art. 78. No person shall be sentenced to suffer death but
by the concurrence of two thirds of the members of a general
court martial, nor except in cases herein expressly mentioned;
nor shall more than fifty lashes be inflicted on any offender at
the discretion of a court martial; and no officer, non-commis¬
sioned officer or soldier, or follower of the army, shall be tried
a second time for the same offence.
Art. 79. No person shall bejiable to be tried and pun¬
ished by a general court martial for any offence that shall ap¬
pear to have been committed more than two years before the
issuing of the order for such trial, unless the person, by reason
of having absented himself, or some other manifest impediment,
shall not have been amenable to justice within that period.
Art. 80. Every officer authorized to order a general
court martial, shall have power to pardon or mitigate any pun¬
ishment ordered by such court, except the sentence of death, or
of cashiering an officer, which in the cases he has authority (by
article 65) to carry them into execution, he may suspend, until
the pleasure of the president of the republic of Texas can be
known ; which suspension, together with copies of the proceed¬
ings of the court martial, the said officer shall immediately trans¬
mit to the president for his determination; and the colonel or
commanding officer ofthe regiment or garrison, where any regi¬
mental or garrison court martial shall be held, may pardon or
mitigate any punishment ordered by such court to be inflicted.
Art. 81. Every judge advocate, or person officiating as
such, at any general court martial, shall transmit, with as much
expedition as the opportunity of time and distance of place can
admit, the original proceedings and sentence of such court mar¬
tial, to the secretary of war; which said original proceedings
and sentence, shall be carefully kept, and preserved in the office
of said secretary, and that the persons entitled thereto, may be
enabled, upon application to the said office, to obtain copies
thereof.
Art. 82. The party tried by any general court martial,
shall, upon demand thereof, made by himself, or by any person
or persons in his behalf, be entitled to a copy of the sentence
and proceedings of such court martial.
49
Art. 83. In cases when the general or commanding officei
may order a court of inquiry to examine into the nature of any
transaction, accusation or imputation against any officer or sol¬
dier, the said court shall consist of one or more officers not ex¬
ceeding three, and a judge advocate or other suitable person, as
recorder, to reduce the proceedings and evidence to writing, all
of whom shall be sworn to the faithful performance of their duty.
This court shall have the same power to summon witnesses for a
court martial, and to examine them on oath ; but they shall not
give their opinion on the merits of the case, excepting they shall
be thereto specially required. The parties accused shall also be
permitted to cross examine and interrogate the witnesses, so as
to investigate fully the circumstances in the question.
Art. 84. The proceedings of a court of inquiry must be
authenticated by the signatures of the recorder and the presi¬
dent, and delivered to the commanding officer f and the said
proceedings may be admitted as evidence by a court martial, in
cases not capital, or extending to the dismission of an officer,
provided that the circumstances are such that real testimony
cannot be obtained. But as courts of inquiry may be perverted
to dishonorable purposes, and may be considered as engines of
destruction to military merit, in the hands of weak and envious
commandants, they are hereby prohibited, unless directed by the
president of the repubiic, or demanded by the accused.
Art. 85. The judge advocate or recorder shall administer
to the members the following oath : " You shall well and truly
examine and enquire, according to your evidence, into the mat¬
ter now before you, without favour, partiality, affection, preju¬
dice, or hope of reward, so help you God."
Art. 86. After which the president shall administer ti>
the judge advocate or recorder the following oath: "You do
solemnly swear that you will, according to your best abilities,
accurately and impartially record the proceedings and the evi¬
dence to be given in the case in hearing, so help you God."
The witnesses shall take the same oath as witnesses sworn before
a court martial.
Art. 87. When any commissioned officer shall die, or be
killed in the service of the republic, the major of the regiment,
or the officer doing the major's duty in his absence, or in post or
garrison, the second officer in command, or the assistant military
agent, shall immediately secure all his eff cts or equipage then
in camp or quarters, and shall make an inventory thereof, and
forthwith transmit the same to the officer of the department of
50
war, to the end that his executors or administrators may receivt
the same.
Art. 88. When any non-commissioned officer or soldier
shall die, or be killed in the service of the republic, the then
commanding officer of the troops or company shall, in the pre¬
sence of two other commissiondd officers, take an account of what
effects he died possessed of, above his arms and accoutrements,
and transmit the same to the department of war; which said
effects are to be accounted for, and paid to the representative
of such deceased non-commissioned officer or soldier; and in case
any of the officers so authorized to take care of the effects of
deceased officers and soldiers, should, before they have accounted
to the representatives of the same, have occasion to leave the
regiment or post, by preferment or otherwise, they shall, before
they be permitted to quit the same, deposit in the hands of the
commanding officer, or of the assistant military agent, all the
effects of such deceased non-commissioned officers and soldiers,
in order that the same may be secured and paid to their respec¬
tive representatives.
Art. 89. All officers, conductors, gunners, matrosses, dri
vers, or other persons whatsoever, receiving pay or hire in the
corps of artillery, or engineers of the republic, shall be governed
by the aforesaid rules and articles, and shall be subject to be
tried by cours martial, in like manner with the officers and sol¬
diers of the other troops in the service ol the republic.
Art. 90. The officers and soldiers of any troops, whether
militia or others, being mustered and in pay of the republic,
shall at all times and in all places, when joined or acting in con¬
junction with the regular forces of the republic, be governed by
such rules and articles of war, and shall be subject to be tried
by a court martial, in like manner with the officers and soldiers
of the regular forces, save only that such courts martial shall be
"composed entirely of militia officers.
Art. 91. All crimes not capital, and all disorders and neg¬
lects, which officers and soldiers may be guilty of, to the preju¬
dice of good order and military discipline, though not mentioned
in the foregoing articles of war, are to be taken cognizance of
by a general or regimental court martial, according to the nature
and degree of the offence, and be punished at their discretion.
Art. 92. The president of the republic shall have power
to prescribe the uniform of the army.
Art. 93. The foregoing are to be read and published
once in every two months, to every garrison, regiment, troop, or
51
company, mustered or to be mustered into the service of the re
public, and are to be duly observed and obeyed by all officers
and soldiers, who are or shall be in said service.
Art. 94. And be it further enacted, That in time of war, all
persons not being citizens of, or owning allegiance to the,republic,
who shall be found lurking as spies in or about the fortifications
or encampments of the republic, or any of them, shall suffer
death, according to the law and usage of nations, by sentence of
a court martial.
Art. 95. If any non-commissioned officer, musician, or
private, shall desert the service of the republic, he shall, in addi¬
tion to the penalties mentioned in the rules and articles of warfl
be liable to serve for and during such a period as shall, and may
be tried by a court martial, and punished, although the terms of
his enlistment may have elapsed previous to his being appre¬
hended or tried.
Art. 96. Whenever a general court martial shall be
ordered, the president of the republic may appoint some fit per¬
son to act as judge advocate; and in cases where the president
shall not have made such appointment, the brigadier general, or
the president of the court may make the same.
IRA INGRAM,
Speaker of the house of Representatives.
MIRABEAU B. LAMAR.
President of the Senate.
Approved, Nov. 21,1836.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of J. M. Wolf.
Resolved, by the senate and house of representatives of the re-=
public of Texas, in congress assembled, That the secretary" of the
treasury is hereby authorized.to pay (out*of any money in the
treasury not otherwise appropriated) the sum of fourteen hun¬
dred and two dollars and sixty-two cents, to Mr. J. M. Wolf, or
to his legal representatives.
IRA INGRAM,
Speaker- of the house of representatives.
RICHARD ELLIS,
President pro tem. of the senate.
Approved, Nov. 30, 1836.
SAM. HOUSTON.
6
52
JOINT RESOLUTION,
Prescribing oaths of office.
Be it resolved by the senate and house of representatives of the
republic of Texas in congress assembled, That the following oaths
of office, in addition to the oath prescribed by the constitution,
be taken by the secretary of state, treasury, War, and navy, and
chief clerks of the several departments, which several oaths shall
be administered by the speaker of the house of representatives.
" I do solemnly swear (or affirm) that I will truly, honestly,
and faithfully discharge the duties of , without favor
or partiality, to the best of my skill and ability. So help me
God."
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President of the senatepro tem.
Approved, Nov. 30, 1836.
SAM. HOUSTON.
JOINT RESOLUTION,
Authorizing the president to reorganize the army.
Sec. 1. Resolved by the senate and house of representatives
of the republic of Texas in congress assembled^ That the president
of this republic be, and is hereby authorized to reorganize the
army of Texas, in conformity with the regulations adopted by
this government, and when such regulations are silent, in con¬
formity with the military regulations of the United States of
America.
Sec. 2. Be it further resolved, That all contingent military
commissions heretofore granted to gentlemen, now in the United
States, for the purpose of bringing men into our service, shall be
confirmed in proportion to the respective number they may in¬
troduce by the tenth of January next, either for the term of two
years or for during the war, to wit: for a second lieutenant
twenty men, for a first lieutenant thirty men, for a captain fifty-
six mefy for a major two hundred and eighty men, for a licu-
tenanGcolonel four hundred men, for a colonel five hundred and
53
sixty men, and for a brigadier-general eleven hundred and
twenty men,
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tem. of the senate.
\pproved, Nov. 30, 1836.
SAM. HOUSTON.
AN ACT,
To protect the Frontier.
Sec. I. Be it enacted by the senate and house of representa¬
tives of the republic of Texas, in congress assembled, That the presi¬
dent be, and he is hereby required to raise, with as little delay
as possible, a battalion of mounted riflemen, to consist of two
hundred and eighty men, for the protection of the frontier, to be
officered in like manner as the balance of the army.
Sec. 2. Be it further enacted, That the term of service of
said corps shall be for twelve months or upwards, and each man
shall be bound to furnish himself with a suitable, serviceable
horse, a good rifle, and one brace of pistols, if they can be pro¬
cured: and no one shall be allowed to enter said corps without
first submitting his horse, arms, and equipments, to the inspec¬
tion of an officer specially appointed by the inspector general
of the army, who shall certify that such man, horse, and equip <
ments are fit for the service.
Sec. 3. Be it further enacted, That the pay, emoluments^
and bounty of said corps shall be same as that provided for
other corps of the army, with this addition, that the sum of fif¬
teen dollars per month be allowed for the furnishing of the horses
and arms.
Sec. 4. Be it further enacted, That the president be, and
he is hereby authorized to order out, for the protection of the
frontier, such number of the militia as the exigencies of the case
may require.
Sec. 5. Be it further enacted, That it shall be the duty of
the president to cause to be erected such block houses, forts, and
trading houses, as in his judgment may be necessary to prevent
Indian depredations.
Sec. 6. Be it further enacted, That the president have full
power, when in his opinion the exigencies of the country may
54
. equire it, to order said corps to any other point than the fron¬
tier, or to the main army.
Sec. 7. Be it further enacted, That it shall be the duty of
the president to enter into such negotiations and treaties as in
his opinion may secure peace to the frontiers; and that he have
power to appoint agents to reside amongst the Indians, and that
he be authorized to distribute amongst the different tribes such
presents as he may deem necessary, not to exceed in amount
twenty thousand dollars.
Sec. 8. Be it further enactedThat the said corps shall be
under the same rules, regulations, and restrictions of the regular
army of this republic; and should any officer or soldier be found
guilty of a wilful neglect of duty or disobedience of the orders
of his superiors, he shall be subject to the usual pains and penal¬
ties inflicted on officers and soldiers in the regular army for like
offences.
Sec. 9. Be it further enacted, That should a larger force
be necessary, the president shall be authorized to extend the
uumber so as not to exceed one regiment, or five hundred and
rixtv men, rank and file.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tem. of the Senate.
Approved, Dec. 5, 1836.
SAM. HOUSTON.
AN ACT,
-To provide for the national defence by organizing the Militia.
Sec. 1. Be it enacted by the sehate and house of representa¬
tives of the republic of Texas in congress assembled, That every
free able bodied male citizen of this republic, resident therein,
who is or shall be of the age of seventeen years, and under the
age of fifty years, (except as hereinafter excepted,) shall seve¬
rally and respectively be enrolled in the militia, by the captain
or commanding officer of the company, within whose bounds
iuch citizens shall reside, and that within twenty days after re¬
ceiving this act, with his commission and instructions. And it
shall hereafter be the duty of such captain or commanding officer
of a company, to enrol every such citizen as aforesaid, and all
those who shall from time to time arrive at the age of seventeen
55
years, or being of the age of seventeen years and under the age
of fifty years, (except as before excepted,) shall come to reside
within his bounds; and shall within ten days notify such citizen
of said enrollment, by a proper con-commissioned officer of said
company, by whom such notice may be proved. That every
citizen so enrolled and notified, shall within ten days thereafter
provide himself with a good musket, a sufticienf bayGnet and
belt, six flints, knapsack and cartridge box, with twenty-four
suitable ball cartridges; or with a good rifle, yauger, or shot
gun, knapsack, shot pouch, powder horn, fifty balls suitable to
the calibre of his gun, and a half -pound of powder, and shall
appear so armed, accoutred and provided, when called out to
exercise, or in service; and that aid arms, ammunition, and ac¬
coutrements, belonging to a"citizen so enrolled, shall be exempt
from all suits, seizures, or sales.
Sec. 2. Be it further enacted, That the vice president of
this republic, the officers, judicial and executive; the members
of both houses of congress, and their officers; all custom house
officers, with their clerks; all post masters, and those employed
in carrying the mail; all ferrymen employed at any ferry on the
public road; all pilots: all mariners actually employed in the.
sea service; and all persons who are now or may be hereafter
exempted by law, shall be and are hereby exempted from militia
duty.
Sec. 3. Be it further enacted, That the enrolled militia
shall be laid off in divisions, brigades, regiments, battalions, and
companies. The divisions, brigades, and regiments shall be laid
off* by the president, and subject to such changes as he may from
time to time deem expedient. Each division shall consist of two
brigades, each brigade of two regiments, each regiment of two
battalions, each battalion of five companies, each company of
sixty-four men rank and file: and that said divisions, brigades,
and regiments be numbered at the formation thereof, and a
record made of such numbers in the adjutant general's office;
and when in the field or in the service of the republic, each
division, brigade, and regiment, shall r< gp^ctively take rank ac¬
cording to their numbers, reckoning the first in number highest
in rank.
Sec. 4. Be it further enacted, That the said militia shall be
officered as follows: To e;uh division, one major general, to be
elected by the field officers of his division; rnd -two aids-de¬
camp, with rank of r: !jor, to he appointed by the said major
general. To each '. :cade, ona brigadier general, to be elected
6*
by the commissioned officers of his brigade-; with one brigade
inspector, to serve also as brigade major, with the rank of ma¬
jor; one aid-de-camp, with the rank of captain, to be appointed
by said brigadier general. To each regiment, one colonel, one
lieutenant colonel, and one major, to be elected by the mem¬
bers of said regiment; and to each company, one captain, two
lieutenants,"four sergeants, four corporals, one drummer, and
one fifer or bugler; that the captains and lieutenants of each
company shall be elected by the members of their respective
companies; and that the non-commissioned officers and musicians
be appointed by the captains of their respective companies.
That there shall be for each regiment, a regimental staff, to
consist of one adjutant and one quarter master, to rank as lieu¬
tenants; one pay master, one surgeon and assistant surgeon, one
serjeant major, one drum major, and one fife major, to be ap¬
pointed by the colonel of the same.
Sec. 5. Be it further enacted, That it shall be the duty of
each major general, upon good cause shown, to order a division
court martial for the trial of general staff and field officers; and
when the trial is complete, he shall approve or disapprove of the
proceedings thereof. He shall receive copies of returns from
the majors of brigades, of their annual reports made to the adju¬
tant general; and shall receive from the adjutant general copies
of requisitions of men, made by government upon his division.
He shall, upon notice of invasion or insurrection, embody as
many militia as he may think adequate to the emergency, noti¬
fying in the speediest manner to the president, who^e directions
and orders he shall obey. Whenever the major general may
chocse, he may'attend at any muster or review whatsoever, and
give any orders for disciplining the troops that he may deenv
expedient.
Sec. 6. Be it further enacted, That it shall be the duty of
the brigadier general to appoint the time of regimental and bat¬
talion musters, for the year in which they are to fall; a written
notice of which shall be delivered to the commanding officers of'
regiments, on or before the first day of March in every yean
He shall give orders to summon brigade courts martial, and ap¬
point the time and place for their sitting. He shall receive the
proceedings of the said courts, and approve or disapprove of the
sentence thereof. It is his especial duty to receive and sign the
annual returns made by his brigade major; to visit each regi¬
ment in his brigade, at least once in a year, on their regimental
muster days, and review them; and whenever he may he present
57
at, any muster in his brigade, t6 order the training and exercise?
thereof, if the occasion, in his opinion, shall require it*
Sec* 7. Be it further enacted, That the commandants of
regiments shall receive the written orders of his general of bri¬
gade, for the times of holding regimental and battalion musters
for the whole year, and shall give a notice in writing thereof to
the commandants of battalions, on or before the first day of
March in the year in which they are to fall. It shall be his
duty to attend the regimental and battalion musters and re¬
views; to exercise his regiment himself on all review days; to
superintend and correct the exercise of the battalion musters,
and the company musters when he may choose so to do. It
shall be his duty, at least once in a year, to receive the returns
of commandants of battalions, and after examining and com¬
paring them with the returns of the preceeding year, and noting-
any casualties that may have occurred, he shall sign them in his
official capacity, and return them to the major of brigade. Upon
his receiving notice of invasion and insurrection, it shall be his
duty immediately to embody such force as he may deem compe-*
tent for the emergency, and give the earliest information thereof
to the general of division or brigade. And it shall be his duty to
convene the members of his regiment, to elect proper persons to
fill vacancies therein; and he may receive the resignation of any-
subordinate officer in his regiment, and shall appoint regimental
courts martial for the trial of officers within their cognizance, of
which the commandant of the regiment shall approve or disap¬
prove.
Sec. 8. Be it further enacted, It shall be the duty of com¬
mandants of battalions to receive the written orders of the com¬
mandants of regiments, for the days on which the regimental
and battalion musters shall be appointed for the year, and give
a written notice thereof to the commandants of companies,
within their respective battalions, on or before the last day of
March in every year. They shall exercise their battalions on
their respective days of muster, and when they may be present
at a company muster, they may superintend their exercise if they
think proper. They shall receive, examine, and sign officially,
the returns from the commanding officers of companies, which
they shall comprise in a return of their battalion, and noting any
difference that may have occurred, return them to the adjutant
of the regiment, in conformity to their orders. They shall
strictly examine the arms, ammunition, and accoutrements of the
corps of companies eomposing their battalions, at ffioir several
58
musters, and shall see that their enrolments and classifications
are correct and according to law.
Sec. 9. Be it further enacted, That the commanding officers
of battalions shall give to those commanding companies, a writ¬
ten notice of the days on which the regimental and battalion
tnusters shall fall during that year; to which the said command¬
ants of companies shall add the days appointed for the muster of
their companies for the same year; and he shall deliver within
five days afterwards, to wit, by the fifth day of April in every
year, a certificate of the musters so ordered, to the sergeant,
whose duty it shall be to deliver it, or leave it at the abode of
each corporal, musician, and private in the company to which
he belongs, a like written notice, on or before the fifth day of
April in each year. Each commandant of a company shall lay
off his men into ten classes, for an equal routine of duty, and
when called upon, he shall begin with the first. He shall be
observant in enrolling all the men within his bounds, comprising
all who may, from time to time, settle or inhabit therein, for the
space of ten days. It shall be the duty of the commandant to
exercise his company at each of the musters thereof, agreeably
to the rules prescribed by congress; to inspect their arms, &c.,
and to make an annual return thereof, agreeably to the form he
may receive, which shall be officially. In every case the com¬
mandants of companies shall receive and execute the orders of
his superior officers, and conform himself to such military regu¬
lations as the service may require.
Sec. 10. Be it further enacted, That all lieutenants, and
other subordinate officers of companies, shall be obedient to and
execute the official orders of their commandant. They are, in
particular, to assist in the exercise and organization of their
companies, and report every defalcation or disobedience in the
government and exercise thereof.
Sec. II. B». it furth er enacted, That so much of this law as
relates to regimental and battalion musters, shall not require the
militia to attend musters without the counties in which they
live; but where eoun ies shall not compose a regiment, a bat¬
talion muster only shall lie required; and where a county shall
not compose a battdion, a company muster shall only be re¬
quired; provided hat fh-se musters shall be in the stead of
the regimental musters, and additional to the usual company
musters.
Sec. 19. B< it f-rth-r enacted, That it shall be the duty of
the president, forthvif\ to npnoint one captain and two lieuten-
ants for each county; and that it shall be the duty of the cap^
tain and lieutenants so appointed, within thirty days after their
reception of their commissions, and a copy of this act, to enrol
all the citizens subject to militia duty within their counties, and
to report a list of their names to the adjutant general and the
president, accompanied with such remarks and suggestions in
regard to the proper boundaries of the different regiments, bat¬
talions, companies, &c., and such other remarks as they may
think calculated to promote the objects of this act; and that said
captains and lieutenants, while so engaged in enrolling the citi¬
zens of their respective counties, shall receive three dollars per
diem; and in case of their refusal to accept their commissionsi
or perform the duties assigned them, they shall incur the penalty
of a fine of one hundred dollars for each and every offence so
committed.
Sec. 13. Be it further enacted, That an adjutant general,
shall be appointed, with the rank of colonel, as other field offi¬
cers; his office shall be kept at the seat of government. Aids-
de-camp shall be commissioned by the president; their duty
shall be to carry and execute the orders of the major or briga¬
dier general to whom they are attached. The brigade inspector
shall be commissioned by the president. An adjutant and quar¬
termaster shall be commissioned by the president; it shall be
their duty to obey the orders of the commandants of regiments.
The regimental surgeon and assistant surgeon, the paymaster,
the sergeants, drum and fife majors are to conform to, and im¬
plicitly obey the orders they receive from commandants of regi¬
ments. Judge advocates shall be appointed to the several courts
martial hereafter ordered by said court. It shall be the duty of
the judge advocate to take and keep safely a true statement of
all proceedings, whether pleas, evidence or defence made before
a court martial, a fair copy of which he shall make out and de¬
liver to the president, or officer ordering such court within
twenty days after their adjournment, and to prosecute for the
government.
Sec. 14. Be it further enacted, That courts martial shall
be appointed for the trial of all offences arising from neglect of
duty, disobedience of orders, or disorderly and ungentlemanly
behavior. The president shall order general courts martial
when he may think it necessary, where a major general shall
preside, and be composed of eight additional members, two of
whom shall be brigadiers, and the other six field officers. The
proceedings of this court shall be npproved by the president.
60
from whose decision there "can be no appeal. Division courts
martial may be appointed at the discretion of the major general*
where a brigadier shall preside, who, with six field officers, shall
Compose the court, whose proceedings shall be approved or diS'
approved, and whose sentence shall be affirmed or reversed by
the major general who ordered such court, subject however (upon
an appeal to the president,) to his final affirmance or reversal.
Brigade courts martial may be appointed at the discretion of the
brigadiers general, where a colonel shall pres d > who, with six
additional officers, to wit, two field officeis and four captains at
feast, shall compose such court, whose proceedings shall be ap¬
proved by the brigadier general ordering it; subject, however,
(upon an appeal to the president.) to his final affirmance or re¬
versal. Regimental courts martial shall be appointed by com¬
mandants of regiments, where a field officer shall preside, who,
with six other regimental commissioned officers, two of whom at
least shall be captains, shall compose a court for the trial of all
officers below the grade of a field officer and the regimental
staff, whose proceedings shall be approved or disapproved of by
the commanding officer of the regiment; subject, however, to
an appeal to the commandant of the brigade, for a final decision.
In the general court mvrtial, none shall be tried below the grade
of a general officer or the general staff—in the division court
martial, none shall be tried below the grade of a field officer—
and in the brigade court martial, the field officers and brigade
staff may be tried, or a captain, for good cause shown. Upon
the convening of either of the courts herein directed, the presi¬
dent thereof shall administer to the judge advocate the follow¬
ing oath or affirmation: ' I do solemnly swear (or affirm as
the case may be) that I will truly and faithfully execute the
office of judge advocate to this court, so long as I remain in office,
to the best of my abilities and the laws of this republic; and that
I will not disclose, or discover the opinion of any parti' ular mem¬
ber of this court martial I act with, unless required to give evi¬
dence in a court of justice;" which oath shall be deemed a com¬
petent qualification to such judge advocate while he continues
to act; and the judge advocate shall proceed to qualify the mem¬
bers, by administering the following oath: "You and each of
you, do swear (or affirm) that you will well and truly try and
determine, according to evidence, agreeably to justice, the best
of your understanding, and the laws governing the case, between
the republic of Texas and the prisoner to be tried; and you will
not disclose the opinions of this court martial, where secrecy
61
may be required, until made public by the proper officer; nor
will you, at any time, disclose the vote or opinion of any
particular member of this court martial, unless called upon by a
court of justice to give evidence." Whereupon the court shall
proceed to the business laid before them, and adjourn from day
to day, until it is finished ; of all of which a complete record
shall be made, and signed by the president and judge advocate
or recorder, and the court shall be dissolved. Upon the disclo¬
sure of the opinions or sentence of any court martial, any person
may, according to this act, appeal therefrom, by filing a written
notice with the officer to whom the appeal is made, within thirty
days after the sentence is published; whose duty it shall be, to
order up before him, the proceedings of such court for a final
decision. Any officer, who shall have cause of complaint against
his superior officer, shall file with the president, major general,
brigadier general, or commandant of a regiment, the charges,
certified in form, upon which an inquiry, or arrest, at discretion
of such superior officer, may be awarded: provided, that from the
commencement of an arrest, a court martial shall be ordered to
meet within thirty days, of the time and place of which the offi¬
cer arrested shall have at least twenty days notice. And pro¬
vided also, that if, upon the meeting of such court, it shall appear
that from the absence of witnesses, inability or sickness of the
parties, or for any good cause shown, a fair and impartial trial
could not then be had, they may adjourn the court to a future
day, not exceeding six months. A court for assessment of fines,
and receiving the returns of delinquents, shall be held on the
last Monday of November in every year; a fi- Id officer of the
regiment for which they are held shall preside ; who, with four
captains, four subalterns, the regimental judge advocate, and an
orderly sergeant, may proceed to business; hut every commis¬
sioned officer in the regiment shall be considered a member of
the court ex-officio. This court is to examine all returns laid
before them; to have the delinquents called, to show cause why
judgment should not be awarded against them, and to deliver
the opinions of the court, in every case, to the judge advocate,
who is hereby directed to make a fair record thereof. This
court shall also have the power of excusing from military duty,
aged and disabled persons during their disability, and to hear
evidence, and to determine the same. This court shall have
power to adjourn from day to day, to compel the attendance of
absent members, and when their busirn ss is completed, the presi¬
dent and judge advocate shall sign the record of their proceed-
63
ings, and the court tor that year shall be dissolved: provided
that previous to their proceeding to do any business whatever,
the members and judge advocate composing the said court, take
the following-oath or affirmation, to wit: " We, and each of us,
do swear (or affirm) that we will truly and diligently enquire
into and decide upon the several delinquencies reported to us,
and decide according to law and the best of our skill and under¬
standing, without favor or the hope of reward." It shall be the
duty of any officer resigning. or removing, to deliver the list of
public arms and laws that may be in his possession, to the com¬
mandant of the regiment at the time of his resignation or re¬
moval, who shall deliver the same to the successor of such officer.
Sec. 15. Be it further enacted, That there shall be, in the
months of October or November in every year, regimental mus¬
ters, at such places as the commandants may direct, where every
field, staff, and regimental commissioned and non-commissioned
officer, every private and musician shall attend. There shall be
a battalion muster in every battalion, at such places as the com¬
mandants may direct, in the months of May and October in each
year; each lieutenant colonel shall be commandant of the first
battalion of his regiment, and the major of the second: where
every officer, non-commissioned officer, and private shall attend.
There shall be at least two company musters in each year, which
shall be appointed at the discretion, as to time and place, of the
commandants of companies, between the last day of May and
the last day of November, where the commissioned, non-com¬
missioned officers, musicians and privates of each company shall
attend, armed and equipped according to law. At the several
musters herein directed to be held, the troops shall be exercised
at least three hours in each day, and no person present shall be
exempt therefrom, except from sickness, or some sufficient cause;
the rolls shall be called at each muster or review; and the de¬
linquents particularly noted by the captains of companies, both
as to absence, arms, accoutrements, and as to a failure and re¬
fusal to perform-the duty required when present. Once in every
year, on such days as the commanding officers of regiments shall
appoint, the whole of the commissioned officers, non-commis¬
sioned officers, staff, and music belonging to a regiment, shall
meet at the place for holding the musters and reviews thereof,
equipped and armed in such manner as the commandant may
direct, to be drilled and exercised by him, or under his direction,
which exercise and drilling shall continue for three days in suc¬
cession; at this muster the roll shall be called by the command-
63
ant, and the delinquents noted and returned as in other muster?.
At all musters and reviews, and attendance on courts martial,
no persons are to give impediments or disturbance. Every offi¬
cer and private shall be free from arrest (except for breaches of
the peace or felony) whilst going to or returning from any re¬
view, muster, or court martial; and any person or persons, other
than those performing military duty, who will wilfully impede or
disturb any corps or court in their exercise or other duty, shall
be apprehended by the commanding officer, kept under guard
for three days, and fined not less than five dollars, nor more than
one hundred dollars; the said sum to be paid over to the regi¬
mental paymaster. Returns shall be made by all officers com¬
manding companies, to those commanding battalions, one every
year at least, in which shall be expressed the strength of each
company, and the number and kind of every sort of arms and
equipments therein; whose duty it shall be to countersign them
digested into battalion returns, and deliver them to the officer
commanding the regiment, who shall cause a like regimental
return to be made out and signed by himself, delivered to the
brigadier general: the brigadier general shall cause the brigade
inspector to digest the whole regimental into one general brig¬
ade return; which shall be signed by the brigadier or officer
commanding the brigade, and transmitted to the adjutant gene¬
ral, whose duty it shall be to have all such returns recorded in a
book to be kept for that purpose. The general of brigade shall,
without delay, have a copy of such return made out by the brig¬
ade inspector, and sent to the major general or officer command¬
ing the division. The brigade inspectors, adjutants of regiments,
and commanding officers of companies, shall keep books, in
which all returns shall be duly recorded, and the casual occur¬
rences noted. On or before the fifteenth day of July in each
year, the adjutants of regiments shall receive from the com¬
manding officers, the returns of delinquents for that year, who
shall record, and deliver them to the regimental judge advocates
at least five days before the sitting of the court for the assess¬
ment of fines, in order that he may lay them before that body
for adjudication. After the sitting of every court of assessment,
the judge advocate shall make out two fair copies of their pro¬
ceedings, one of which he shall deliver to the regimental pay¬
masters, and the other to the brigade general; both of whom
shall cause the same to be recorded. The regimental paymas¬
ter shall, on or before the first day of February in each year,
deliver to the high sheriff in each county, who shall, under the-
7
G1
penalty of fifty dollars, to be recovered by the paymaster in aoy
court having competent jurisdiction thereof, receive and receipt
for all lists and copies of judgments against all delinquents and
defaulters, as adjudged by the said court of assessment, and take
his receipt therefor; who shall thereupon apply for and receive
the same, and levy therefor, as in other cases, if payment is
withheld; for which the said sheriff shall receive the same fees
and per centum as are allowed by law for the collection of the
public revenue. On or before the first day of September in
every year, the said sheriff shall settle with and pay over to the
regimental paymaster, all sums collected by him as aforesaid,
and return upon oath an account of ail insolvents and delin¬
quents; recovering his commission as aforesaid, taking thessaid
paymaster's receipt therefor; an attested copy of which he shall,
within thirty days thereafter, transmit to the general of brigade,
and also have recorded in the court for the county in which he
is sheriff; but in the case the said sheriff fail or refuse to pay and
settle with the paymaster as aforesaid, the said paymaster may
immediately proceed to recover the monies due from the said
sheriff and his securities, in the same manner that monies are
recovered by the counties against their public collector.—Any
person aggrieved by any decision of any court of assessment,
may make affidavit thereof, and lodge the same with the judge
advocate before the first day of Febiuary in each year, who
thereupon shall present the same at the succeeding annual
term; whereupon such grievance shall be reheard and decided
upon; and if the former judgment shall he affirmed, such appli¬
cant shall be charged with fifty per cent, thereon, all of which
the judge advocate shall record. The regimental paymaster
shall, before he acts as such, enter into bond with sufficient se¬
curity, in the county court, to the president and his successors
in office, in the sum of one housand dollars, conditioned'for the
just fulfilment of all the duties herein r« quired of him, which
bond shall not he void on the first recovery, and he shall also
take the following oath: "I do
swear, that I will, as paymaster to regi¬
ment of militia, truly and honestly perform the said duty, and
render a just account to the best of my knowledge, when called
upon by the law or the proper authority." And it shall be the
duty of the field officers of every regiment, to call upon and
settle1 with the paymaster annually; and they shall record a
return of such settlement in the court of their connfy, signed b>
ttiem'-elves. at the next court after the close of such settlements.
G5
and the clerk shall perform such service ex-ofiicio, and shall also
sign a duplicate thereof, which shall be transmitted to the brig¬
adier general commanding the brigade, who shall cause the
same to be entered of record by the brigade inspector. The
monies collected and funded with the regimental paymaster
shall be subject to orders dr wn by the commandant of the regi¬
ment, for regimental purposes, and to the orders of the major
or brigadier general for any purpose immediately affecting the
interest of the regiment or corps from whose paymaster the
sum is drawn; all which orders shall be regularly filed and pre¬
served by the paymaster, as vouchers in his annual settlement,
for all and every duty herein specified. The said paymaster
shall receive and be entitled to ten per cent, per annum, on all
sums actually received and paid away. It shall be the duty oi
the adjutant general to call for any returns judged n< cessary by
the president; and to furnish to each brigade forms thereof: and
in like manner every commandant of division, brigade, or corps,
are to be implicitly obeyed, when they may think it necessary
to call for returns of heir respective commands. Every di"i-
sion, brigade, and regiment shall be kept fully officered; and
rosters in each shall be prepared by the proper officer, by which
the detail of duty shall be regulated.
Sec. 16. And be it further enacted, That the presiden for
the time being, when he deems it necessary, shall call forth into
the service of this republic, such a number of militia as he shall
deem expedient; a tour of duty shall be estimated at three
months; and, when employed in the service of the republic, no
militia shall be compelled to serve more than two tours without
discharge. The militia, when in service, shall be governed by
the articles of war, and the rules and regulations adopted for
the army of the republic, and receive the same pay and rations
as said army. Whenever a new regiment shall be ordered by
the president, the field officers composing it shall meet and lay
off the district into bounds for the companies; but at no time
shall a company consist of less than thirty-two privates, and if
at any time a company shall be reduced to a less number, it shall
be incorporated with the adjoining companies, while such dis -
bilities exist. Every officer commissioned (under this law) by
president shall be implicitly obeyed as such, and shall continue
to hold his commission for the space of two years from the date
of his commission, unless he removes from the district in which
his command operates. All courts martial, and of assessment,
shall issue summons for witnesses, who shall attend; the process
6t5
may be served by any constable or sheriff, and if such v itnesses
shall not attend, without a good excuse, he shall be fined. The
president or any field officer may subpoena witnesses previous to
the sitting of the; court, and it is hereby directed that the several
courts possess competent powers to carry into execution the
regulations granted or analagous to their institution. In all
courts martial, any person to be tried may make objections to
any member or members composing the said court (not exceed¬
ing three) peremptorily, and assign his reasons for objections to
others; if they are such as to evince their propriety, another or
other members shall be summoned; otherwise the court shall
be deemed competent except the peremptory challenge. Pa¬
rents and guardians shall be accountable for fines of their chil¬
dren, wares, &c., who are under twenty-one years of age: and
it is hereby declared to every officer, non-commissioned officer,
musician, and private, that the duties herein directed, are to be
specifically and positively performed; and that each and ever>
delinquent, upon a failure therein, may be charged with disobe¬
dience of orders, neglect of duty, or disorderly and ungentle-
manly behaviour.
That courts martial at the discretion of those directed, or
whose duty it is to make inquiry, be ordered to sit on such charges;
whose duty it shall be to cashier, dismiss from service, reprimand,
or acquit those accused, and also to assess any fine herein im¬
posed, either in addition to, or abstracted from any other punish¬
ment. The pay and reward, to the commissioned and staff offi¬
cers, for duties arising under this act, shall be as follows:—
To the brigade inspector, for his services, to be certified by
the brigadier;? general, and paid by warrants on the treasury,
four dollars per day. To every division judge advocate, to be
paid by the paymaster of the regimcnls composing the division,
by order of the major general, four dollars per day. To the brig¬
ade judge advocate, to be paid by the paymaster of the regi¬
ment composing the brigade, by order of the brigadier general,
two dollars per day. To the regimental judge advocate, to be
paid by the regimental paymaster, by order of the commandant,
two dollars per day. To the orderly sergeants attending any oi
the above courts to be paid in the same manner as the judge ad¬
vocates are, two dollars per day. To the adjutants of regiments,
to be paid by the regimental paymaster, by orders drawn by the
commandants of regiments, four dollars per day. To each drum
and fife major, to be paid by the paymaster of the regiment, b\
order of the commandant, four dollars per day. To all expresses
6?
despatched on military service, to be paid by warrants on the
treasury, by certificate from a major general, brigadier general,
or commandants of regiments, four dollars per day. The fines
implicated under this act shall be, on every major general, who
shall not perform the duty or duties required, shall pay a fine of
two hundred and fifty dollars. For failing to perform a tour of
duty when called on, one thousand dollars. Every brigadier
general, for neglect of his duty, shall pa}*, for not appointing the
musters in the manner herein directed, two hundred dollars; for
failing to perform a tour of duty when called on, seven hundred
and fifty dollars; for failing to-make annual returns, one hundred
dollars; for failing to review his brigade, for each regiment, fifty
dollars. Every commandant of a regiment, for not appointing
the mustering place of his regiment, fifty dollars; for failing to
perform a tour of duty when called on,, five hundred dollars;
for not giving notice of musters, one hundred and fifty dollars;
for not attending a regimental muster, fifty dollars; for not at¬
tending drill musters, per day, twenty-five dollars; for not at¬
tending courts martial, twenty-five dollars. Every commandant
of battalion, for neglect of duty shall pay, for failing to perform
a tour of duty when called on, four hundred dollars ;!for not giving
notice of musters, one hundred dollars; for not attending and
exercising their battalions on their days of muster, fifty dollars,;
for not making annual returns, twenty dollars; for not attending
courts martial, or assessment, twenty dollars; for not attending
drill musters, per day, fifteen dollars. Every commandant of a
company shall pay, for failing to enrol the militia within his
bounds, two hundred dollars; for failing to perform a tour of
duty when called o-n, three hundred dollars; for not giving due
notice of the musters, twenty-five dollars; for not classing his
"company for duty fifty dollars; for not attending and exercising
his company at the several musters, for each failure, twenty-five
dollars; for not making his annual returns, fifty dollars; for not
making a return of delinquents, fifty dollars; for not attending
, court martial and assessment, twenty-five dollars. The adjutant
general shall pay, for every neglect of duty enjoined by law, the
sum of one hundred dollars. Aids de camp shall be fined for
any neglect of their duty, for each offence, one hundred dollars.
The regimental adjutant, quartermaster, surgeon, assistant sur¬
geon, and paymaster, shall forfeit and pay, for every neglect of
duty assigned by law, twenty-five dollars. Each sergeant, drum,
and fife major shall pay, for not attending each muster, ten dob
Jars. Each sergeant shall pay, for not attending each muster.
68
the sum of seven dollars and fifty cents; for1 not giving notice of
musters and courts martial, twenty dollars- Every private who
fails to appear at any mustor shall, for each offence, pay five
dollars. Any officer, who shall appear at any parade, and re¬
fuses to do the duty required of him, shall pay a fine of fifty dol¬
lars. Any non-commissioned officer, musician, or private, who
attends any parade, and refuses to do the duty required of him,
shall pay double the fine for non-attendance. Every non-com-
missioned officer or private, who attends the parade at any mus¬
ter, and does not bring arms and accoutrements, shall be fined
five dollars, unless it shall appear to the court of assessment that
such private is unable to provide such arms. For failing to per¬
form a tour of duty when called on, one hundred dollars.
IRA INGRAM,
Speaker of the house of representatives,
RICHARD ELLIS,
President pro tem. of the senate.
Approved, Dec. 6, 1836.
SAM, HOUSTON.
JOINT RESOLUTION,
For the relief of William Bryan.
Sec. 1. Be it resolved by the senate and house of representative»
of the republic of Texas in congress assembled, That the secretary
of the treasury, under the direction of the president, be, xnd he
is hereby authorized to pay, out of the first available means
which may be at the disposal of this government, all the debts
and lawful demands against this government, now owned by
William Bryan, Esq., of New Orleans, or for which the said
Bryan is in any way liable, to any individual or individuals, for
or on account of this government.
Sec. 2. Be it further resolved, That the president be, and
he is hereby authorized to place in the hands of said William
Bryan, Esq., and authorize him to sell a sufficient quantity of
Land Scrip to pay all the demands named in the foregoing reso¬
lution, and that he instruct him to apply the proceeds of the sale
of said scrip to that special purpose: provided, that said scrip
shall not be soli at a less price than fifty cents per acre: and
69
that the said Bryan be required to file, in the office of the secre¬
tary of the treasury^ proper vouchers for all said debts.
IRA INGRAM,
Speaker of the house of representatives*
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 6, 1836.
SAM. HOUSTON.
AN ACT,
Compensating officers of the civil list.
Sec. 1. Be it enacted by the senate and house of representatives
of the republic of Texas, in congress assembled, That the following
shall be the compensation allowed to the officers of the civil
list:—
President, with house furnished, ten thousand dollars.
Vice President, three thousand dollars.
Secretary of State, three thousand five hundred dollars.
Secretary of Treasury, three thousand five hundred dollars'.
Secretary of War, three thousand five hundred dollars.
Secretary of Navy, three thousand five hundred dollars.
Attorney General, three thousand dollars.
Post Master Genera], two thousand dollars.
Commissioner General of the Land Office, three thousand
dollars.
Chief Clerks of departments, on i thousand five hundred
dollars.
Treasurer, two thousand five hundred dollars.
Auditor, two thousand five hundred dollars.
Chief Justice, five thousand dollars.
Associate, or District Judges, three thousand dollars.
Members of Congress, per diem, five dollars.
Speaker of the House of Representatives, per diem, seven
dollars.
President pro tem. of the Senate, while acting as such, per
diem, seven dollars.
Milage for members of congress, for every twenty-five miles
going and coming, five dollars.
The members and officers of the Consultation that sat at
San Felipe in October and November of the last year, shall re-
70
ceive the same compensation and milage as the members and
officers of the present congress.
Chief Clerks of both houses, per diem, six dollars.
Foreign Ministers, four thousand five hundred dollars outfit;
live thousand dollars salary per annum.
Consuls, perquisites.
Secretary of Legation, two thousand dollars.
Assistant Clerks, per diem, six dollars.
Reporter, per diem, eight dollars.
Sergeant-at-Arms, per diem, five dollars.
Translator for Congress, per diem, five dollars.
Door Keeper, per diem, five dollars.
Sec. 2. Be it further enacted,, That the heads of departments
be furnished with offices, stationary, fuel, lights, &c., at the ex¬
pense of government.
Sec. 3. Be it further enacted, That no portion of the above
salaries, or pay of members of congress, shall be allowed except
in equal ratio with the payments made the officers and soldiers
of the army and navy. Provided, however, that this section
shall not extend to the reporters and clerks of either house of
congress, or to the clerks of any of the departments of the go¬
vernment, or the translator and interpreter, the sergeant-at-armS#
and the door keepers of either house of congress.
Sec. 4. And be it further enacted, That all secretaries of
legation be excluded from the operation of the third section of
this act.
IRA INGRAM,
Speaker of the house of representative's.
RICHARD EL LIS,-
President pro. tem. of the senate.
Approved, Dec, 9, 1836.
SAM. HOUSTON.
AN ACT,
Relinquishing one league and labor of Land to Michael B. Menard
and others, on the east end of Galveston Island.
Sec. 1. Be it enacted by the senate and house of representa¬
tives of the republic of Texas, in congress assembled, That all the
right, title, and claim which the government of Texas has to one
league and one labor of land, lying and situate on, and including
the east end of Galveston Island, be, and the same is hcFeby ye-
linquished, in favor of Michael B. Menard, and such associates
as he may hereafter include, and all the right, title, and interest
which the government of Texas now has in, and to said land, is
hereby vested in the said Michael B. Menard, and such asso¬
ciates as he may hereafter include: Provided, that nothing herein
contained shall affect the vested rights of third persons.
Sec. 2. Be it further enacted, That the president shall issue
to the said Michael B. Menard, and such associates as he ma}
include, a quitclaim title to said land, in the name of the repub¬
lic of Texas..
Sec. 3. Be it further enacted, That no quitclaim title shall
be'issued by the president, until the receipt of some authorized
agent of Texas shall be deposited in the office of the secretary
of the treasury, acknowledging the receipt, from the said Michael
B. Menard, of fifty thousand dollars in cash, or approved accept¬
ances in New Orleans.
Sec. 4. Be it further enacted, That should the said Mena rd
not pay, or cause to be paid, to some au horized agent of Texas
in New Orleans or Mobile, the sum of thirty thousand dollars in
cash, or approved acceptances, by the first day of February
next, in the city of New Orleans, then and in that case, this act
shall be considered a dead letter, and no such right or title shall
vest in the said Menard or his associates, except at the option of
the government, which shall be manifested by the acceptance or
rejection of said thirty thousand dollars, as aforesaid, after that
time; and a special pledge is retained on the property for the
faithful payment of the further .sum of twenty thousand dollars,
and which if not paid within two months after the first payment
of thirty thousand dollars, the government shall have the right
to pay back the thirty thousand dollars, and declare this act a
dead letter.
Sec. 5. Be it further enacted, That the government of
Texas reserves to itself, all that tract of land from the extreme
epst end of the Island of Galveston running west on the north
side of the Island until it strikes a Bayou a short distance above
the present fort, thence up said Bayou to its source, thence in a
straight line across the Island to. the Gulf, containing fifteen,
acres more or less; also one block of lots in a suitable part of
the town for a Custom House and other public uses, to be selected
by an agent to be appointed by the president for that purpose;
to be selected on or before the first day of public sale of lots at;
that place.
Sec. 6, Be it further enacted. That if the said M. B. Me-
72
nard and his associates should fail to comply with the requisitions
of this act, they shall forfeit and pay to the government of Texas
ten thousand dollars, recoverable in any court having cognizance
over the same.
Sec. 7. And be it farther enacted, That David White of
the city of Mobile be, and is hereby appointed a special agent
to carry into effect the provisions contained in the fourth section
of this act.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tern, of the senate.
Vpproved. Dec. 9, 1836.
SAM. HOUSTON.
AN ACT,
Adopting a JVationa! Seal and Standard for the Republic of Texas.
Sec. 1. Be it enacted by the senate and house of representa¬
tives of the. republic of Texas, in congress assembled, That for the
future the national seal of this republic shall consist of a single
star, with the letters " Republic of Texas," circular on said seal,
which said seal shall also be circular.
Sec. 2. Be it further enacted, That for the future there
shall be a national flag, to be denominated the " National Stand¬
ard of Texas," the conformation of which shall be an azure
ground, with a large golden star central.
Sec. 5. Be it further enacted, That the national flag for the
naval service for the Republic of Texas as adopted by the presi¬
dent at Harrisburg on the ninth day of April, eighteen hundred
and thirty-six, the conformation of which is union blue, star cen¬
tral, thirteen stripes prolonged, alternate red and white, be,
and the same is hereby ratified and confirmed, and adopted as
the future national flag for the naval service for the Republic
of Texas.
Sec. 4. And be it further enacted, That this act shall take
effect and be in force from and after its passage.
IRA INGRAM,
Speaker of the house of representative's.
RICHARD ELLIS,
President pro tern, of the scnaie.
Approved, Dec. 10, 1836.
SAM. HOUSTON.
n
AN ACT,
Establishing an Agency in the city of Mobile.
Sec. 1. Be it enacted by the senate and house of representatives
of the republic of Texas in congress assembled, That from and after
the passage of this act, that there shall be, and is hereby estab¬
lished, an agency in the city of Mobile, in the state of Alabama.
United States of America.
Sec. 2. Be it further enacted, That David White, of the
city of Mobile, is hereby made the agent of the government of
Texas. The said agent be and is hereby fully authorized to dis¬
pose of land scrip, at not less than fifty cents per acre; the pro¬
ceeds of which shall be applied exclusively to the benefit of this
government.
Sec. 3. Be it further enacted, That the president of this
republic be, and is hereby required.to deliver over to the said
agent, scrip to the amount of one hundred thousand dollars, in
due form; and the said agent shall be responsible to this govern¬
ment for the nett proceeds of the sale of all scrip which he may
receive; and it shall be his duty to report monthly to the presi¬
dent of this republic, all his transactions in any manner touch¬
ing his agency.
Sec. 4. Be it further enacted, That the said agent shall re¬
ceive, as a compensation for his services, five per cent, on all
monies received, and disbursements two and one half per cent.
Sec. 5. And be it further enacted, That if, in the opinion of
the president of this republic, our commissioners should succeed
in making a negotiation, or negotiations to a sufficient amount
of money to defray the expenditures of this government, then,
and in that case, the president of this republic is authorized and
required forthwith to stop the sale of said scrip by said assent.
IRA INGRAM,
Speaker of th° house, of representatives.
RICHARD ELLIS,
President pro tem. of the senate.
Approved, Dec. 10, 1830.
SAM. HOUSTON.
7-4
AN ACT,
Defining the pay of Mounted Riflemen, now and hereafter in the
ranging service on the Frontier.
Sec. 1. Be it enacted by the senate and house of representa¬
tives of the republic of Texas, in congress assembled, That each
and every mounted rifleman, who has entered the ranging ser¬
vice, and not otherwise provided foi, be, and is hereby entitled
to twenty-five dollars per month as pay, and the same bounty of
land as other volunteers in the field.
Sec. 2. Be it further enacted, That the pay of officers in
the above service shall be as follows: a captain shall be entitled
to receive seventy-five dollars per month, a first lieutenant shall
receive sixty dollars per month, a second lieutenant, fifty dollars
per month, and the orderly sergeant, forty dollars per month;
the said officers shall also be entitled to the same bounties of
land as officers of the same grade and rank in the volunteer army.
Sec. 3. And be it further enacted, That all officers and sol¬
diers, who have oeen actually engaged in the ranging service
since July 1835, shall be included in this act, and shall receive
pay for the time he is in service.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tern, of the. senate.
Approved Dec. 10, 1836.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of certain Persons.
Resolved, by the senate and house of representatives of the repub¬
lic of Texas, in congress assembled, That the president be au¬
thorized and required to take such measures as in his judgment
will effect the release or redemption of our unfortunate prison¬
ers, captured by and in the possession of hostile Indians, said to
be on the waters of Red River, either by calling for and send-
75
ing volunteers against said Indians, or by purchase, treaty, or
otherwise.
IRA INGRAM,
Speaker of the house of representatives,
RICHARD ELLIS,
President pro tern. of the senate.
Approved, Dec. 10, 1836.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of Messrs. Kinney and Williams.
Sec. i. Resolved, by the senate and house of representatives
of the republic of Texas, in congress assembled, That the president
be, and he is hereby authorized and required to appoint a com¬
missioner for the purpose contemplated in the 10th article of the
charter of the Bank of Agriculture .and Commerce, granted to
Samuel M. Williams, by the legislature of the state of Coahuila
and Texas, in April, 1S35, in order that the parties may exercise
and enjoy their privileges under said act.
Sec. 2. Be it further resolved, That the secretary of the
treasury be, and he is hereby authorized and empowered to ncr
gotiate a loan from any bank or banks that may be established
in this republic, of sufficient amount for the payment of ail just
claims held by Messrs. M'Kinney and Williams against this gov¬
ernment; and that should the secretary succeed in negotiating
said loan, then he shall give notice to Messrs. M'Kinney and
Williams, to produce their accounts properly authenticated for
settlement; and if, on inspection, said accounts be properly au¬
thenticated, '"hen the secretary of the treasury shall forthwith
proceed to discharge said account: provided, that if the secretary
of the treasury should effect such loam, that he stipulate in the
face of the bond or bonds Much he may execute to said bank,,
on this government, that the notes of said bank shall be recor
erable in discharge of said bond or bonds.
IRA INGRAM,
Speaker^of the house of representatives.
RICHARD ELLIS,
President pro tern, of the senate.
Approved Dec. 10, 1836*
SAM. HOUSTON.
8
Tti
JOINT RESOLUTIONS
Authorizing the President to negotiate a Loan for twenty thousand
dollars.
Sec. I. Resolved, by the senate and house of representatives
of the republic of Texas, in congress assembled, That the president
be, and he is hereby authorized and empowered to borrow
twenty thousand dollars, for the purpose of purchasing- ammuni¬
tion and munitions of war; and that he be authorized to stipu¬
late for such an amount of interest, payable at such time, as he
may be best able to contract for; and that the principal shall
be redeemed at such time as may be agreed on.
Sec. 2. Be it further resolved, That the president is hereby
authorized to sell sufficient land scrip to raise the said sum of
twenty thousand dollars,provided^ that in procuring said twenty
thousand dollars, no lands shall be sold for less than fifty cents
per acre.
Sec. 3. And be it further resolved, That all islands belong¬
ing to this republic shall be, and are hereby reserved for the
government use, except the president be authorized specially
by congress to sell them.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tem. of the senate.
Approved, Dec. 10, 183G.
SAM. HOUSTON,
JOINT RESOLUTIONS,
Authorizing the President to issue Scrip to the amount of five hun¬
dred thousand Acres of Land.
Sec. 1. Resolved, by the senate and house of representatives
*f the republic of Texas in congress assembled, That the president
be, £ind he is hereby authorized and required to sign land scrip
to the amount of five hundred thousand acres, and transmit the
same to Thomas Tony of New^Orleans, for the purpose of being
sold: provided, that said scrip shall not be sold for a less sum
than fifty cents an acre: and further provided, that should the
bonds of this government, to the amount of five hundred thou¬
sand dollars, be previously sold, then, and in that case it shall
i i
be the duty of the president to recall said scrip, and forbid the
further selling of the same.
Sec. 2, And be it further resolved, That the said Toby, with
the proceeds arising from the sale of said scrip be, and is hereby
authorized and required to fulfil all legal obligations into which
he may have entered as agent of this government, on the faith
of the authority given him by the president " ad interim," for the
selling of land scrip; and that he be authorized and required to
pay all legal debts contracted on the faith of the same.
IRA INGRAM,
Speaker of the house of representatives'.
RICHARD ELLIS,
President pro iem. of the senate.
Approved, Dec. 10, 1836.
SAM. HOUSTON.
JOINT RESOLUTION,
Defining the duties of the heads of departments of the gov ernment.
Be it resolved, by the senate and house of representatives of the
republic of Texas in congress assembled, That it shall be, and is
hereby made the duty of the heads of departments, composing the
president's cabinet, to wit: the secretaries of state, of war, oi
the navy, of the treasury, and of the attorney general of the re
public, to reside permanently at the seat of government of the
Same, unless absent on leave of the president, and in conformity
with the constitution and the laws; to conform to and execute
the instructions of the president, whether general or particular;
and to give respectively and collectively, such needful aid and
counsel whenever required so to do by the chief magistrate oi
the republic, as may be requisite to a firm, wholesome and har
monious administration of the government.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tern, of the senate.
Approved, Dec. 13. 1836.
SAM. HOUSTON.
AN ACT,
For the relief of Mrs. Mary Millsaps.
Sec. 1. Be it enacted by the senate and house of representa¬
tives of the republic of Texas in congress assembled. That any of
the quartermasters or commissaries to whom Mrs. Mary Mill-
saps may apply, shall be, and are hereby authorized to furnish
said Mary Millsaps and family with all the provisions and cloth¬
ing necessary to their comfort; and if the quartermasters or com¬
missaries to whom said Mary Millsaps shall apply, have not such
necessaries in possession, he or they shall be, and is hereby au¬
thorized to purchase them on the account of the government,
and render an account of the same to the secretary of the
*reasurv.
IRA INGRAM,
Speaker of the house of Representatives.
RICHARD ELLIS,
President pro tem. of the Senate.
Approved, Dec. 13, 1836.
SAM. HOUSTON.
AN ACT,
.Locating temporarily the scat of government.
Sec. 1. Be it enacted by the senate and house of representa¬
tives of the republic of Texas, in congress assembled, That from and
after the first day of April next, the seat of government for the
republic of Texas shall be established at the town of Houston,
on Buffalo Bayou, until the end of the session of congress which
shall assemble in the year one thousand eight hundred and forty.
Sec. 2. Be it further enacted, That the president be, and
he is hereby authorized to cause to be erected a building suita¬
ble for the temporary accommodation of the congress of the re¬
public, and such other buildings as may be necessary for the ac¬
commodation of the different departments of the government, at
the said seat of government: provided, the sum or sums so ex¬
pended shall not exceed fifteen thousand dollars*.
Sec. 3. And be it further enacted, That the seat of govern-
79
ment as aforesaid, shall be located during the present session of
congress, by joint vote of both houses.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President of the senatepro tem.
Approved, Dec. 15, 1836.
SAM. HOUSTON.
AN ACT,
To establish and organize the Supreme Court, and to defne the
powers and jurisdiction thereof.
Se©. 1. Be it enacted by the senate and. house of representa-'
tives of the republic of Texas in congress assembled, That (here
shair be established in this republic a court, to be styled the
Supreme. Court of the Republic of Texas, which court shall con¬
sist of one supreme judge, to be styled the Chief Justice; to be
elected by joint vote of both houses of congress, and such judges
as shall be elected judges of the district courts, who shall con¬
tinue in office during the "time prescribed by the constitution.
The chief justice shall receive a salary of five thousand dollars
per annum, payable semi-annually at the treasury of the republc.
Sec. 2. The supreme court shall be held annually at the
scat of government, on the first Monday in December, and a
majority of all the judges shall be necessary to constitute such
court.
Sec. 3. The said supreme court shall have jurisdiction
over, and shall hear and determine all manner of pleas plaints*
motions, causes, and controversies, civil and criminal, which may
be brought before it from any court in this republic, either by
appeal or other legal process, and which shall be cognizable in
said supreme court according to the constitution and laws of this
republic: provided, that no appeal shall be granted, nor shall any
cause be removed into the supreme court in any manner what¬
ever until after final judgment or decree in the court below, exr
cept in cases particularly provided for by law.
Sec. 4. When by appeal, or in any other manner permit¬
ted by law, the judgment, sentence or decree of the court below
shall be reversed, the supreme court shall proceed to render such
judgment, or pronounce such sentence or decree as the court be¬
low should have rendered or pronounced, except it be necessary.
8*
so
in consequence of the decision of the supreme court, that sortie
matter of fact be ascertained, or damages bo assessed by a jury,
or when the matter to be decreed is uncertain, in cither of which
cases the suit, action, or prosecution, as the case may be, shall
be remanded to the court from which it was brought for a more
definite decision.
Sec. 5. When a final judgment or decree shall be rendered
or pronounced in any cause brought before the supreme court
by appeal or otherwise, it shall be the duty of the clerk of said
eourt to certify the final judgment or decree to the clerk of the
court from which such cause was brought, within twenty days
after the adjournment of the supreme court at which such final
judgment or decree was rendered or pronounced, together with
a bill of all costs which shall have accrued, and damages, if any
assessed in the said supreme court, and it shall be the duty of
every clerk of the court from which such cause was removed, oa
receiving such certificate, to issue executions on such final judg¬
ment for the purpose of having it carried into effect, in the same
manner as though it had been rendered in the court below.
Sec. 6. The sentence of the supreme court in all criminal
prosecutions brought before such court from any other courts,
shall be executed in like manner in all respects as if such sen¬
tence had been rendered in the court wherein the proseeution
originated, and the sheriff of the proper county shall be charged
with the execution of such sentence.
Sec. 7. In all cases taken to the supreme court, in case
the copy of the record in the cause below shall not be filed with
the ciei'R of the supreme court, on or before the first day of the
term to which such case was taken or returnable, it shall be law¬
ful for the court, on motion of the defendant in appeal, and on
producing a copy of the citation duly served on the defendant
to dismiss the cause, but the same may be reinstated at any time
during .the term, if good cause be shown to the satisfaction of the
court why a copy of the record was not filed in due time.
Se<§. 8. The said court, or any judge thereof, in vacation^
may grant writs of injunction, supersedeas, and such other writs
as the laws permit to the judgements or decrees of the count)
or district courts, on such terms and conditions as the laws may
prescribe in cases of appeals, and also to grant writs of habeas
corpus, and all other remedial writs and process granted by said
judges, by virtue of their office, agreeably to the principles and
usages of law, returnable as the law directs, either to the supreme
81
court or before any judge of said court, as the nature of the case
may require.
Sec. 9. In all cases of appeal to the supreme couft, the
trial shall be on the facts as found by the jury in the court be¬
low; and if the facts should not be stated in a manner sufficiently
full and clear to enable the supreme court to give its judgment,
then and in that case the said court shall remand the said cause
to the proper court for a new trial, in order that the facts may
be fully and clearly established, and this act shall be construed
to extend to appeals taken to (he superior courts of Texas, as
established by the law of eighteen hundred and thirty-four,
which cases remain yet undecided.
Sec. 10. For the said supreme court, one clerk shall be
appointed in the following manner: in term time the appoint¬
ment shall be made by an order entered of record in the proceed¬
ings of the court, and the person so appointed, before he enters
-on the duties of his office, shall take the oath prescribed in the
constitution in open court, and shall enter into bond with two
securities, to be approved by the court, payable to the president
of the republic and his successors in office, in the penalty of
twenty thousand dollars, conditioned for the faithful performance
of the duties of his office; and that he seasonably record the
judgments, decrees, decisions, and orders of the said court, and,
deliver over to his successor in office all records, minutes, books,
papers, and whatever belongs to his said office of clerk, which
bond shall be recorded in the clerk's office of said court, and im¬
mediately thereafter be deposited in the office of the secretary
of state, and shall be void on the first recovery, but may be put
in suit and prosecuted by the party injured, until the amount
thereof be recovered; in vacation the appointment shall be made
by the chief justice, and the person so appointed shall give bond
and security, and take the oath as above prescribed, which bond
shall be recorded and deposited in the same manner as though,
the appointment had been made in term time, and may be prose¬
cuted and put in suit in like manner: an authenticated copy, of
said bond shall be received in evidence in any court in this re¬
public in the same manner as the original would be if it were
present in cOurt.
Sec. 11. The said clerk shall hold his office for the term
of four years from his. appointment, but may be removed there¬
from for neglect of duty or misdemeanor in office, by the supreme
court, on motion of which, the clerk against whom complaint is
made,, shall have ten days previous notice, specifying the parti-
62
trfar negligence or misdemeanor in office with which he stands
charged, and in every such case the said court shall determine
both the law and the fact; and whenever the necessity occurs,
the supreme court may appoint a clerk pro tempore.
Sec. 12. The successor in office of any clerk shall receive
into his possession, all papers, books, stationary, and every thing
belonging to the said office; and should the person or persons,
having possession of the same, refuse to give them up on demand
made, it shall be the duty of the clerk to give information thereof
to the attorney general, who shall prosecute such person or per¬
sons, in the name of the republie, before any court having juris¬
diction of the same, and on conviction the person so offending
shall be fined in the sum of ten thousand dollars, for the use of
the republic.
Sec. 13. If any clerk of the supreme court shall knowingly
make any false entry or change any record in his keeping be¬
longing to his office, every such clerk, so offending, shall, on
conviction thereof, be fined and imprisoned at the discretion
of the court, and shall also be liable to the action of the "party
aggrieved.
Sec. 14. The clerk of the said court shall carefully pre¬
serve the transcripts of records certified to his court, and all pa¬
pers relative thereto, docketing all causes brought by appeal or
otherwise, in the order he shall receive them, that they may be
heard in the same course, unless the court, for good cause shown-,
direct any to be heard out of its term; and shall faithfully record
the decision and proceedings of said court, and certify the same
to the proper courts, and all causes shall be tried by the said
supreme court at the return term, unless satisfactory cause can
be shown for a continuance.
Sec. 15. The clerk of the district court shall receive and
pay to the clerk of the supreme court, all costs that may have
accrued in the supreme court in any cause or controversy which
may have been brought into the supreme court from such distric't
court, wherein a final judgment or decree shall be rendered, and
any clerk failing to pay such costs on demand, after he shall
have received the same, may be proceeded against by motion in
the supreme court in the same manner that sheriffs may be pro¬
ceeded .against for money received on executions.
Sec. 16. A certified copy of the bond required by law to
be given by the appellant or plantiff in the appeal, shall be
transmitted by the clerk of the court below, with a transcript o.f
the record of the cause in which such appeal was taken, e- winch
83
may be taken in any other way to the supreme court; and in
case the judgment or decree of the court below shall be affirmed,
or the appellant shall fail to prosecute the same to effect, the
supreme court shall enter up judgment or decree against all the
obligors in such bond, both principal and security for the debt,
damages, and costs which may be adjudged to the appellee; and
it shall be the duty of the court below, on the certificate of the
clerk of the supreme court, to issue executions thereon accord¬
ingly.
Sec. 17. In all cases decided by the supreme court, the
judgment or decree of the court shall be pronounced publicly,
with the reasons of the court for the same.
Sec. 18. All writs and processes issuing from the supremo
court shall bear test of the clerk of such court, and shall be un¬
der the seal of said court and signed by the clerks thereof, and
may be directed to the sheriff or other proper officer of any
county in the republic, and shall be by him executed according
to the commands thereof, and returned to the court from which
they emanated; and whenever such writ or process shall not be
executed, the clerk of said courtis hereby authorized and required
to issue another like writ or process upon the application of the
party suing out the former writ or process; and when any per¬
son, plantiff or defendant, in any suit depending in the said
court, shall be dead, it shall be lawful for the clerk of the said
court, during the recess of the court, upon application, to issue
proper process, to enable the court to proceed to a final judg¬
ment or decree in the names of the representatives of such de¬
ceased person.
Sec. 19. The said court may adjourn from day to day, or
for such longer period as they may think necessary to the ends
of justice and the determination of the business before them;
and there shall be no discontinuance of any suit, process, matter,
or thing returned to of depending in the supreme court, although
a sufficient number of judges shall not attend at the commence¬
ment, or any other day of the term; but if a sufficient number
shall fail to attend at the commencement of any term, or ?tt any
time during the term, any judge of the said court, or the sheriff
attending the same, may adjourn the said court from day to day
for six days successively; at which time, if a majority of the
judges do not attend, it shall be the duty of the judge or sheriff
to adjourn the court to term in course.
Sec. 20. No judge of the supreme court shall sit in any
■cause wherein he is directly or indirectly interested, or if hv
84
shall have been of counsel lor either party in such cause; bui
although one or more of the judges of the supreme court be in¬
terested in the event of any suit, matter, or thing, depending
therein, the same shall be finally decided by the other judges, ii
there be a number of judges not so interested sufficient to con¬
stitute a court; and in case a majority of said judges shall be in¬
terested in any cause depending in said court or of any kind to
either party within the third degree, it shall be the duty of the
congress to appoint, by joint resolution, one or more persons
learned in the law to supply the places of the judges so interest¬
ed, who shall hear and determine all such causes.
Sec. 21. Whenever the supreme court shall be equally
divided in opinion, on hearing any appeal or other matter, the
judgment or decree of the court below shall be affirmed.
Sec. 22. The sheriff of the county in which the supreme
court shall be held, shall be the sheriff of said court, and shall
attend the same with a sufficient number of deputies accordingly:
and the sheriff and his deputies shall be bound to perform the
duties of such.
Sec. 23. The supreme court shall have power to punish
any person for a contempt of such court: provided such punish
ment shall not exceed, for each contempt, a fine of one hundred
dollars, and imprisonment for six days.
Sec. 24. The chief justice shall cause to be procured a
seal for the use of the supreme court, with the style of the Su¬
preme Court around the margin in circular form, with a star ol
live points ih the centre.
Sec. 25. The chief justice and the district judges shall b<
sworn into office by any one of the primary judges heretofore
appointed by law.
Sec. 26. And be it further enacted, That the supreme cour
shall have power from time to time to establish rules of proceed
ing for the government of said courts, and in the several district
courts in this republic: provided such rules be not inconsistent
with the constitution and laws of the republic.
IRA INGRAM,
Speaker of the house of representatives,
RICHARD ELLIS,
President pro tem.of the Senate.
Approved, Dec. 15, 1836.
SAM. HOUSTON
85
JOINT RESOLUTIONS,
For the relief of G. 8/ T. II. Borden.
Sec. 1. Be it resolved, by the senate and house of representa
lives of the republic of Texas, in congress assembled, That the
president be, and he is hereby authorized to issue an order on
David White,-for the sum of two thousand two hundred and
thirty-eight dollars twenty-seven cents, in favor of G. &- T. H.
Borden; and that such order, bearing legal interest, be received
as cash, and paid by David White, as agent of Texas, out of any
money he may have or receive for the republic of Texas.
Sec. 2. And be it further resolved, That the full amount of a
contract between the Messrs. G. & T. H. Borden, on the one
part, and a joint committee of both houses on the other, the date
of the first payment terminating on the eleventh instant, and
amounting to two thousand six hundred and sixty-two dollars
fifty-six cents, be liquidated in the manner aforesaid.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tern, of the senate.
-Vpproved, Dec. 15, 1836.
SAM. HOUSTON.
AN ACT,
Making appropriations for paying the expenses of the government of
Texas.
Sec. 1. Be it enacted by the senate and house of representatives
f the republic of Texas, in congress assembled, That there is here¬
by appropriated, out of any money in the treasury not otherwise
appropriated, the following sums of money, for defraying the
expenses of the government, in part, for the years 1836 and
1837, to wit: For defraying the expenses of the navy, one hun¬
dred and fifty thousand dollars; for the expenses of the army,
seven hundred thousand dollars; for the executive and civil de¬
partments of the government, one hundred and fifty thousand
dollars, making an appropriation of one million of dollars; which
said one million of dollars, the secretary of the treasury is herebj
authorized and required to pay out of the treasury, out of any
money therein, not otherwise appropriated by law.
Sec. 2. And be it further enacted. That if there should h
86
no monies in the treasury when the same may be demanded ac¬
cording to law, of the secretary of the treasury, then and in that
case he shall issue scrip to the person or persons lawfully entitled
to the same.
IRA INGRAM,
Speaker of the house of reprcsejitativeSt
RICHARD ELLIS,
President pro tem. of the senate.
Approved, Dec. 15, 1836.
SAM. HOUSTON.
AN ACT,
Establishing regulations and instructions for the government of tfa
naval service of Texas.
OFFICERS IN GENERAL.
Art. 1. Every officer is to repair to the squadron or vessel
to which he shall be appointed, without delay after receiving
orders.
Art. 2. Every officer, from the time of his joining the
squadron or vessel to which he shall be appointed, to the time
of his removal, is to be constant in his attention to his duty;
never absenting himself, except on public service, without the
consent of his commander, nor shall he remain out of the vessel
during the night, nor after the setting of the watch, without
having obtained express permission to that effect.
Ajw. 3. Every officer is directed to wear his uniform at
all times while on public service, and it will be the duty ol com¬
manders and others to prevent any change whatever from being
made in that which now is, or hereafter may be established for
the navy.
Art. 4. Every officer is to conduct himself with proper
respect to his superiors, and to show every respect and attention
to those under his orders, having a due regard to their situation,
and invariably to deport himself in every situation so as to be
an example of morality, regularity, and good order, to all per¬
sons attached to the naval service. He will observe attentively
the conduct of all under his command, encouraging and com¬
mending the meritorious, and censuring, punishing, or reporting
to his superiors the misconduct of those who may deserve it.
Art. 5. If an inferior shall be oppressed by his superior,
or observe any misconduct in him, he is not to fail in his respect
87
towards him, but he is to represent such oppression or miscon
duct to the captain of the vessel, or to the commander of the
squadron in which he serves, or to the secretary of the navy in
writing.
Art. 6. Every officer is strictly enjoined to avoid all un¬
necessary expenditure of money or stores belonging to the pub¬
lic, and as far as may depend on him, to prevent the same in
others.
Art. 7. Every officer is strictly enjoined to report to his
commander, or to the secretary of the navy, as circumstances
may require, any neglect, collusion, or fraud discovered by himf
in contractors, agents, or other persons employed in the supplying
of vessels with provisions or stores, or in executing any work in
the naval department, either on board vessel or on shore, whe¬
ther or not such provisions or stores are under ins own charge,,
or such wor^ under his own inspection, or that of any other offi¬
cer. But in making such representations he will be held ac¬
countable for all vexatious and groundless charges exhibited by
him in manner aforesaid.
Art." 8. Every officer is strictly forbidden to have any
concern or interest in the purchasing of,.or contracting for sup¬
plies of provisions or stores of any kind for the navy, or in any
works for or appertaining to it; neither shall he receive any
emolument or gratuity of any kind, either directly or indirectly,
on account of such purchases, contracts, or wo'rks, from any per¬
son or persons whatever.
Art. 9. Every commander, before he leaves his command,
is to sign all books, accounts, and certificates, which may be
necessary to enable officers to pass their respective accounts, or
to receive their pay: provided he be satisfied that such books, ac¬
counts, and certificates, are correct, as by the assurance of the
purser, who will be held accountable for all errors and impro¬
prieties appearing in papers bearing his signature.
Art. 10. If any officer shall receive an order from his
superior, contrary to the general instructions of the secretary of
the navy, or to any particular order he may have received from
the said secretary of the navy, or any other superior, from whom
he shall have received said orders; and if, after such represen¬
tation, the superior shall still insist upon the execution of his
order, the officer is to obey him, and report the circumstance to
the commander of the vessel, to the commander of the squadron,
or the secretary of the navy, as may be proper.
Art. 11. The pay of every officer shall be held answera-
9
S8
ble for any loss, embezzlement, or damage occurring through
neglect of the public stores, and for all unnecessary expense.
COMMANDER-IN-CHIEF.
Art. 1. Every officer appointed to the command of a
squadron, shall obtain the most correct information of the state.-
qualities, and number of the vessels and crews under his com¬
mand; the order and discipline observed in them; the quantity
and quality of provisions and stores on hand, and their fitness for
the service intended. He shall acquaint himself also with the
skill, capacity, and information of the commanders and other
officers, that he may be enabled to select for particular services,
those best qualified by their peculiar abilities and sound know¬
ledge to perform them. He shall use every exertion to equip
expeditiously the squadron, and report to the secretary of.the
navy any defects he may discover in the vessels or their supplies,
which may unfit them for the service intended.
Art. 2. He shall keep the squadron in the most perfect
condition for service that circumstances will admit of, and make
their repairs as far as may be in his power, by the artificers and
others belonging to the vessel under his command.
Art. 3. He shall take every favorable opportunity to ex¬
ercise the vessels under his command, in performing all such evo¬
lutions as may be necessary in the presence of an enemy; and
on all occasions he is to be careful that a proper example of
alertness and attention is shown to the squadron by the vessel
which carries his flag.
Art. 4. He shall be attentive in battle to the conduct of
every vessel or officer under his command, in order that he may
be enabled to correct their errors, and prevent any bad effects
from misconduct, and to make a true statement, to the end that
they may be rewarded or punished as their conduct may really
"deserve.
Art. 5. He shall direct the crews of the respective vessels
under his command to be frequently mustered, and cause inqui¬
ries to be made into the qualities of the men, and their fitness
for the stations in which they may be rated.
Art. 6. He shall inspect into the state of every vessel
under his command, and the order, discipline and attention to
cleanliness, and the modes adopted for the preservation of healthy
and the degree of attention paid to the regulations and instruc¬
tions of the navy.
Art, 7. He shall not order any commander to take on
butted passengers, or to have supernumeraries., unless there shoulo
be strong reasons for so doing} and in such case lie shall state
his reasons in his order for that purpose.
Art. 8. lie shall inform the secretary of the navy of all
his proceedings relative to the service upon which he may be
employed.
Art. 9. lie shall correspond regularly with the secretary
of the navy, informing him of all orders given by him, relating
to the duties respectively connected with his command; and it
shall be his duty to point out such naval improvements as his
observation may efiable him to suggest, and such defects and neg¬
lects as may come under his notice.
Art. 10. When it shall become absolutely necessary to
suspend from employment, an officer having charge of stores, he
may appoint another to act in his stead, until the pleasure of the
secretary of the navy be known. He shall rcpoi t by the first
opportunity, an account of the circumstances which may have
claused the suspension, and order a survey to be held, and an in¬
ventory of stores to be taken; one couy of which he shall for¬
ward to the -wavy department, and another he shall deliver to
the officer taking charge of the stores, who will open accounts
of the receipts, returns, conversions, and issues, from the period
of closing the survey.
Art. 11. He may in like manner, and for good reason",
suspend from their stations, the captains or other officers under
his command, and on a foreign station appoint others to act in
their places, until the pleasure of the secretary of the navy be
known; but in these cases he shall immediately transmit an ac¬
count thereof to the secretary of the navy, specifying his reasons
for so doing, and furnish the captain or other officers with a
duplicate of the same
Art. 12. lie shall not, without good and sufficient reason,
to be immediately communicated to the secretary of the navy,
alter the appointments assigned to officers at the period of fitting
out.
Art. 13. He shall preserve the instructions and orders
received by him, and all other papers and correspondence re¬
lating to the service upon which he may be ordered in the most
intelligible form, and at the end of every cruise he shall send to
J.he secretary of the navy a narrative of his proceedings, accom¬
panied by a fair copy of such official correspondence as may
nave any connection with the facts therein stated.
Art. 14. He shall conform to the standing rules of the
90
navy in such directions as he shall give to established agents, and
Incur no expense that the public service does not render abso¬
lutely necessary.
Art. 15. He shall have no private interest in the procure¬
ment of stores or provisions for the public service, nor in any
way interfere with the purchase or procurement of them, where
there arc proper officers for that purpose, except when an abso¬
lute necessity arises for his making use of his credit or authority
to obtain them.
Art. 16. He shall obey all orders received lrom the secre¬
tary of the navy, and exact a strict attention to them from ali
persons under his command.
Art. 17. In the purchase of provisions or stores at place?
where no regular agent is established, he may appoint one for
the purpose of obtaining the necessary supply, and he may him¬
self contract for the whole quantity required, or direct each-cap¬
tain to purchase what the vessel under his command may re¬
quire; but in either case the amount of the bills drawn will be
charged to his account, until satisfactory vouchers arc received
to show that the articles were of a suitable quality, and pur¬
chased at the lowest rate.
Art. 18. He shall, as far as may be practicable, when no
regular agents may be established, have the public works which
it may be necessary to have done, on contract, executed at the
lowest rates, and on the most reasonable terms, giving public
notice, that tenders may be received from those disposed to con¬
tract: copies of which contracts shall be sent by him to the
secretary of the navy.
Art; 19. No boats or vessels shall be hired for the use ol
the squadron, without the consent of the commander, and he
will be careful that such consent is not given, except when the
service required cannot he performed by the boats of the vessel
under his command.
Art. 20. Foreign agents are to be paid by bills drawn on
the secretary of the navy, at the regular rates of exchange, un¬
less otherwise instructed by the secretary of the navy; or bills
may be disposed of, and the proceeds applied towards reimburs¬
ing them; but in either case the certificates of three respectable
merchants, and the approval of the commander of the squadron,
must be forwarded with the letter of advice. These bills shall
in all cases he drawn by the pursers of the respective vessels foi
the amount of the provisions or stores received, and approved
91
by the commander of the squadron, or by the captain of the ves.
sel when acting separately.
Art. 21. The commander of a squadron shall direct fre¬
quent examinations to be made into the hospital establishments,
and sick quarters under his command, and cause every attention
to be paid to the comforts of the sick. He shall cause the ex¬
amining officers "to make him a written report of their state and
condition.
Art. 22. Should the commander of a squadron be killed
or disabled in battle, his flag shall continue flying while the ene¬
my remains in sight, and the officer next in command shall be
informed thereof, and take command of the squadron.
Art. 23. On the death of the commander of a squadron,
the officer who succeeds him shall enjoy all the pay and emolu¬
ments of commander, in the same manner as his predecessor,
until the pleasure of the secretary of the navy be known-; but
he is not to assume any badge of distinction, or hoist any flag
which his rank does not entitle him to.
Art. 21. The commander of a squadron shall not resign
his command or quit his station, unless the bad state of his health
shall render a change of climate or situation absolutely neces¬
sary; and in such case he shall not weaken the squadron by
taking from it a vessel, the service of which may be necessary.
Art. 25. When the commander of a squadron shall re¬
sign his command, he shall deliver to his successor the originals
of all secret instructions, orders and signals, and authenticated
copies of all other unexecuted instructions and orders, together
with such information as may be in his possession relative to the
service to be performed.
Art. 20. In the absence of the commander of the squad¬
ron, the senior officer shall be governed by the foregoing in¬
structions, and shall superintend the various duties to be per¬
formed; for the due execution of which he will be held respon¬
sible.
OF STORES AND PROVISIONS.
the captain.
Art. I. The signature of the captain shall be affixed,to
all papers having reference to the expenses of the vessel.
Art. 2. On taking command, he shall demand of his pre¬
decessor an inventory of all the articles which are on board, and
if he command the vessel until she is paid off, he shall send such
inventory with his accounts to the auditor of the treasury.
9*
tw
Art. 3. lie shall cause a careful examination to be made
of all articles received on board for the use of the vessel, and if
he fail to do so he will be alone accountable for any evils result-
ing from defect or deficiencies in them: provided such defect or
deficiencies were passed over at the receipt of the articles from
want of due examination thereof.
Art. 4. When the duties of the ship will admit of it, he
shall permit the pursef to use the boats for the purpose of con¬
veying on board provisions, stoi cs, and other necessaries for the
use of the vessel.
Art. 5. He shall not permit his stores to be applied to
private uses, wasted, or, without absolute necessity, converted
to other purposes than those for which they were intended; and
whenever he shall think it necessary to order any extraordinary
expenditure'or conversion of stores or provisions, his order for
that purpose shall be given in writing, stating the reason or rea¬
sons for such extraordinary expenditure or conversion, which
order shall be preserved and produced b_y the officer having
charge of the stores so expended or converted, at the settlement
of his accounts.
Art. 6. If any stoics or provisions shall be lost, destroyed
or embezzled, the circumstances shall be noted in the log bock
of the vessel; and if, through neglect or design, they should be
totally lost, they shall be charged to the offender, and he be
brought to punishment.
Art. 7. He is to use the utmost economy in every thing
which relates to the expenses of his vessel and the public service
confided to him, using every article for the purpose for which it
was originally intended, and making his supplies and means last
as long as possible. He is not to use sails for covering boats,
nor for awnings, nor to convert canvass into sails not allowed
for the service, nor to any other purpose than that for which
they were supplied, unless they shall have at first been surveyed
and reported unfit for their proper use; nor shall he make any
alterations in the vessel under his command without the per¬
mission of the commander-in-chief, or that of the secretary of
the navy.
Art. 8. He shall examine the weekly returns of expendi¬
tures, and, with the master, sign those made monthly; which,
wher so signed, are to be delivered to the officers having charge
of si to be presented by them at the settlement of their ac-
coun
. fh He may grant to private vessels of Ttxas, and to
93
foreign vessels, when absolutely necessary, such supplies of pro-i
visions and stores as they stand m need of; giving the officers
having charge of them written orders to that effect, and taking
from the master or commander of the vessel so supplied, three
receipts, and three bills of exchange, drawn in favor of the
secretary of the navy on his owner, or those concerned in the
vessel, for the real amount of the articles furnished; which bills,
and two of the receipts, shall be transmitted to the secretary of
the navy, and the circumstance noted on the accounts and log
book of the vessel.
Art. 10. When it becomes necessary to purchase stores^
they shall be delivered to the proper officers of the vessel, who
shall sign receipts for them, and they are to be charged at their
cost by the purser of the vessel, against such officers, in their
accounts; and such charge or charges shall be transmitted to
the auditor of the treasury, to stand against their pay until ac¬
counted for.
Art. 11. On the death of an officer having charge of
stores, his public papers shall be separated from those of a pri¬
vate nature, the former to be forwarded by safe conveyance to
the auditor of the treasury, and the latter, together with his pri¬
vate effects, to be put in charge of such officer as the captain of
the vessel may appoint for that purpose, to be preserved for the
benefit of the legal representative of the deceased; unless from
particular circumstances, the captain should deem it advisable
to dispose of them at public sale; in which case a duplicate of
the inventory, with an account of the disposal or sale, shall be
transmitted to the auditor of the treasury.
Art. 12. If an officer, having charge of stores, should,
from any accidental circumstance, be separated from his vessel,
the captain shall proceed to survey and ascertain the state of the
stores, as though such officer were actually dead, or discharged:
and he shall, as in a like case, appoint another officer to act in
his place, giving the earliest intelligence of his proceedings to
the auditor of the treasury.
Art. 13. When a ship or vessel cuts, slips, or parts her
cable, the captain shall, as soon as circumstances will admit, en¬
deavour to recover the anchor or cable lost; and should it ap¬
pear that no exertion for that purpose was made by him, the
value of the articles will be charged against his pay; if the ves¬
sel put to sea without recovering them, the senior officer present
shall endeavour to recover them, but no vessels are to be hired
for the purpose, if the boats and crovr or f! j squadron are able
91
to effect it: if neither of them, however, have an opportunity of
recovering them, the captain of the vessel whose cable was thus
cut, slipped, or parted, shall, without delay, give an account to
the commander-in-chief, or to the navy agent, taking care to
state particularly the bearings and distances of the most suitable
places to mark the spot where the anchor lies, to the end that
means may be immediately adopted for recovering it.
Art. 14. He shall attend with all the officers of his vessel
when the crew is paid off, and examine carefully,"to discover if
any articles are concealed with a view to embezzlement, and
report to the secretary of the navy the character of each officer
serving under him, particularly as to his sobriety, diligence, ac¬
tivity and abilities.
Art. 15. A captain, when not under the immediate com¬
mand of a superior, shall be held responsible for all accidents
aiising from negligence during his absence from the vessel he
commands, where his presence might, have prevented such acci¬
dents, unless he be absent on public duty, or by permission of
the secretary of the navy. He shall also be held responsible
for all accidents arising from the absence of the officers and
crew of the vessel he commands, unless they be absent on public
duty, or by permission of the secrctar}' of the navy.
Art. 16. When the vessel goes into port to refit, he is to
order a minute and careful survey of all stores, and call upon
the proper officers and prepare lists of all such as are damaged
as required to be replaced.
Art. IT. He is not to suffer any except the most careful
of the officers and men to have berths, or to sleep in the orlop or
cable tiers, in which lights are never to be used without his ex¬
press permission, and them in good lanterns; nor is he to allow
any person to smoke tobacco in any part of the vessel except
the galley. He is strictly forbid the sticking of candles against
the beams, the side or any other part of the vessel; to enjoin it
.upon the officers never to read in bed by the lights either of
lamps or candles, nor to have any lights in their cabins without
some person to attend them; to cause the funnel hole to he well
secured by lead or otherwise, and the funnels to be cleaned
every morning before the tires are lighted; to cause all fires to
be extinguished, and lights to be put out, at the setting of the
watch by the master-at-arms and ship's corporal, except such as
he shall permit to be drept burning; and to give the most posi¬
tive orders, and most rigidly to enforce them, that no lighted
edndle be carried into the spirit room on any pretext whatever,
95
while drawing or pumping of spiritous liquors, which duty shall
he performed only by day, except on great emergencies occur¬
ring in the night.
Art. 18. He is not to suffer any person whatever to suttle
on board, nor to sell any kind of beer, wines, or spiritous liquors
on board to the ship's company. He is not to allow the men to-
sell, exchange, or in any manner dispose of the slop clothes or
be.dding with which they are supplied, and as far as possible to
prevent any traffic amongst them that would induce them to
draw from the purser tobacco, sugar, tea, slop clothes, or any
other articles in larger quantities than are usually supplied.
Art. 19. He is to be particularly attentive to the comfort
and cleanliness of the men, directing them to wash themselves
frequently, and to change their linen at least twice every week.
He is never to suffer them to sleep in wet clothes or wet beds if
it can possibly be avoided; and to cause them frequently, par¬
ticularly after bad weather, to shake their clothes and bedding
in the air, and to expose them to the sun and wind.
Art. 20. As cleanliness, dryness, and pure air essentially
conduce to health, he is to exert his utmost endeavors to ensure
these to the ship's company in "the most extensive degree. He
is to cause the upper decks to be washed every morning, and
the lower decks as often as may be necessary when the weather
will admit of their being properly aired and dried; to be sweeped
every meal, and the dirt thrown overboard. He is to cause the
hammocks to be carried on deck, and the ports to be opened as
often as the weather will permit, and no more chests or bags to
be kept on the lower gun deck than may be necessary for the
comfort of the men; so that as few interruptions as possible may
be opposed to a free circulation of air. He is to cause the wind
sails and ventilators to be kept in continual operation; the ves¬
sel to be pumped out daily.
Art. 21. The clothing issued to the men is to be.suitable
to the season; but the wearing of flannel shirts is to be encour¬
aged and permitted at all seasons and in all climates.
Art. 22. The practice of detaining boats on shore for
officers, after night is set in, is strictly prohibited.
Art. 23. On receiving newly recruited men, the captain
will cause an examination into the state of their persons and
clothing, and use every measure to guard against the introduce
fSon of filth and contagion on board the vessel.
Art. 24. As soon as possible after the ship's company is
received on board, he will, with the assistance of the semoV
90
■^ffcuCenant, muster, and boatswain, proceed to examine aiid rate
them according to their abilities, which he is to do without par¬
tiality or favor, lie is to rate' as petty officers those only who
shall be found qualified for such stations, and to take especial
care that every person in the vessel, without exception, does
actually perform the duties of his station in which he is rated.
He shall rate none as ordinary seamen who have not been pre¬
viously at sea twelve months, and are able to go aloft, and per¬
form some of the duties of a seaman; ror shall he rate any as
able seamen who have not been previously at sea three years,-
and are capable of performing most of the duties 0A1 seaman.
Art. 25. He is, without loss of time, to make arrange¬
ments for quartering the officers and men, distributing them to
the guns, musketry, rigging, &c.; to divide them into watches,
make out his quarter, station, and watch bills of the names of
men stationed at every gun, to muster and exercise them fre¬
quently at the great guns, small arms, bbnding and unbending
loosing, and reefing, and furling sails, sending up and down top-
gallant-masts and yards, rowing in boats, and every other duty
which it may be necessary for seamen to perform at sea and in
port.
Art. 26. As occasions may frequently occur on which it
may be necessary and of great importance that seamen should
he skillful in the use of muskets, the captain is to order a num¬
ber of sailors to be exercised and trained up to the use of small
arms.
Art. 27. No captain shall carry any woman to sea with¬
out an order from the secretary of the navy, or from the com¬
mander-in-chief of the squadron to which he belongs.
Art. 28. Every captain is required to make himself ac¬
quainted with every coast and harbor he may visit, and if
practicable, to make charts and drawings of them, provided it
can be done without giving offence; all of which he is to for¬
ward to the secretary of the navy, accompanied with a journal
containing such remarks, description, and information as he may
think necessary to give. He is to endeavour to ascertain cor¬
rectly the latitude and longitude of places little known, the pre¬
valent winds and currents, the soundings, &c., as well as every
other information that may be of importance to those who visit
the place after him; he will also encourage and offer every fa¬
cility to such of his officers as are desirous of entering into simi-
far occupations and pursuits; and if any such journals or charts
contain observations or remarks which may contribute to the
97
improvement of geography by ascertaining the latitude and lon¬
gitude, fixing or rectifying the position of places, the height and
views of land, charts, plans or descriptions of any port, anchor¬
age ground, coast, island, or dangers little known 5 remarks rela¬
tive to the directions and effects of currents, tide or winds, the
officers or persons appointed to examine them will make extracts
of whatever may appear to merit preservation; and after these
extracts have been communicated to the officer or author of the
journal from which they have been taken, and that he has cer¬
tified in writing to the fidelity of his journal, as well as of his
charts, plans and views which he has joined to it, the same shall
be signed by the officers and examiners, and transmitted with
their opinions thereon, to be preserved in the depot of charts,
journals, and plans.
Art. 29. Whenever he is to sail from port to port, in time
of war, or appearance thereof, he is to give notice to merchant
vessels bound his way, and to take them under his care, if they
are ready, but not to make unnecessary stay, or deviate from his
orders on that account.
Art. 30. He is, by all opportunities, to send an account
of his proceedings to the secretary of the navy, and he is to keep
up a punctual correspondence with all public officers in what¬
ever concerns them.
Art. 31. He is not to go into any port but such as may
be directed by his orders, unless by absolute necessity; and then
not to make any unnecessary stay. If employed in cruising, he
is to keep the sea, the time required by his orders, or give rea¬
sons for acting to the contrary, to the secretary of the navy7.
Art. 32. Upon his own removal into another vessel, he is
to show the originals of all such orders as have been sent himi
and remain unexecuted to his successor, and leave with him ati
tested copies of the same.
Art. 33. He is to leave with his successor a complete
muster book, and send all other books and accounts to the offi¬
cers to whom they respectively relate.
Art. 34. In case of shipwreck, or other disasters whereby
4he vessel may perish, the officers and men are to stay with the
wreck as long as possible, and save all they7 can.
Art. 35. When any men employed for wages are dis¬
charged from one vessel to another, the captain of the vessel
from which they may be discharged is immediately to send pay
lists of such men to the auditor of the treasury7, and the pursei
of the vessel from which they are so discharged, is also to supply
98
the purser of the ship to which they are transferred, a pay list,
stating the balances respectively due them.
Art. 36. He is responsible for the whole conduct and
good government of the vessel, and for the due execution of all
regulations which concern the several duties of the officers and
company of the vessel, who are to obey him in all things which
he shall direct for the service of Texas.
Art. 37. The quarter deck must never be left without
one commissioned officer at least, and the other necessary offi¬
cers which the captain may deem proper to attend to the duty
of the vessel.
Art. 38. On vessels of Texas being visited by custom¬
house officers, the captain will offer them every facility in the
performance of their duties, and if there should be a suspicion of
any persons having articles on board, subject to the payment of
duties, which such person is desirous of smuggling, he is to give
them every possible assistance in discovering such articles, if
they are really on board. If he should discover any officer in
the ac of smuggling or attempting to smuggle, he is immediately
to arrest such officer, and report the same to the secretary of the
navy, in order that such direction may be given as conduct so
injurious to the public, and so disgraceful to an officer shall
require.
Art. 39. While in port or roadstead, he is to follow the
motions of the senior officer present, by striking or getting up
yards and topmasts, loosing or furling sails, and doing any other
duties contemporaneously with the vessel which the senior officer
commands, unless such senior officer shall dispense with his so
doing.
Art. 40. He is to pay every attention to the comforts of
the sick and wounded, causing a comfortable place to be pro¬
vided for them in any part of the vessel where they will be the
least incommoded.
Art. 41. He is required to keep copies of all official cor¬
respondence.
Art. 4"2. The captain of a vessel carrying a broad pen¬
dant, is on all occasions of duty to consult his commander, and
a respect due him requires that he should not inflict any punish¬
ment without his knowledge.
Art. 43. If any Texian vessel of war should be wrecked,
the captain is to use every possible exertion to save the lives of
the crew, and to preserve the stores, provisions, and furniture of
the vessel. He is also to endeavour to save the vessel's papers.
99
particularly the muster and slop books, and to take special care
to preserve or destroy all signals, secret orders, and instructions,
to prevent their falling into improper hands. lie js to dispose
of the crew in a manner most conducive to their comfort and the
public interest, and to be very particular in keeping up a regu¬
lar and perfect discipline among them, carefully preventing the
commission of any irregularity which may give offence to the
inhabitants of the country they are in.
Art. 44. He is to lose 110 time in getting the crew to
Texas, (0 effect which he is authorized to dispose of, on the best
terms, the property saved from the wreck, or to draw on the
secretary of the navy for the necessary monies.
Art. 45. Whenever any commander of a public vessel of
Texas shall find himself placed in such circumstances as shall
compel him to strike his flag to an enemy, he is to take especial
care to destroy all his secret instructions, signal books, and pri¬
vate signals; and for this purpose they should be always kept
fastened to a weight, so heavy as to sink them immediately on
being thrown overboard; and on enquiring into the loss of the
vessel, he will produce evidence of his having done so.
Art. 46. The vessel and every person on board being
placed under the command of the captain, he will be held res¬
ponsible for every thing done on board. From him will be
expected an example of respect and obedience to his superiors,
of unremitting attention to his duty, and a cheerful alertness in
the execution of it, in all situations, and under all circumstances.
He will be expected to observe himself, and strongly to enforce
in others, the most rigid economy in the expenditures of public
stores; and to show by every means in his power, a steady de¬
termination to serve his country with the utmost zeal and fidelity -;
and although particular duties are hereafter assigned, and various
instructions given to every officer in the navy; from him it will
be expected that all those, whether officers or others, shall be
corrected, or their conduct properly represented, who are diso¬
bedient or disrespectful to their superiors, neglectful of their
duty, wasteful of public stores, or who by their conduct oc
conversation shall endeavour to render any officer or other per¬
son dissatisfied with his situation, or with the service on which
he is employed. lie is <o observe with particular attention the
conduct of every officer, and of every other person under his
command; that being acquainted with their respective merits, he
may assign them such station as they may be qualified to filly
and for arduous and dangerous enterprises may select those whose
10
100
abilities and courage may afford the best hopes of success. Lie
is to be extremely attentive to every thing done by his clerk,
who, being appointed for the sole purpose ®f assisting him, will
be considered as always acting by his order.
Art. 47. The commander ol a squadron shall be allowed,
on fitting out, to equip his cabin every three years or thereabouts,
in lieu of every expense for movable furniture, the sum of five
hundred dollars.
Art. 48. There shall be allowed on fitting ©ut to equip
the cabin of a captain, every three years or thereabouts, in lieu
of every expense for movable furniture, three hundred dollars.
Art. 49. Articles unfit for service must be surveyed by an
order from the secretary of the navy, or in the event of a vessel
being on a foreign station, by an order from ;he commander of
the station, on the application of the commander of the vessel;
and no new articles are to be furnished until the old shall be
condemned, which must be certified by the officers holding the
survey, and the certificate forwarded to the secretary of the
navy.
Art. 50. Articles of cabin furniture broken or lost at se- ,
shall be replaced by the commander of the vessel at his own
expense, unless he shall make it appear by the certificate of two
commissioned officers, that such loss or breaking was occasioned
by unavoidable casualty, or accidents beyond his control.
OF THE LIEUTENANT.
Art. 1. A lieutenant is to be constantly attentive to his
duty, and diligently and punctually to execute all orders for the
public service which he may receive from the captain or other
senior officer. When he has the watch he is to be constantly on
deck, until relieved by the officer who is to succeed him. He is
to see that the men are alert and attentive to their duty, that
every precaution is taken to prevent accidents from squalls or
sudden gusts of wind, and that the vessel is as perfectly prepared
for a .battle as circumstances shall admit. He is to be particu¬
larly careful that the vessel be properly steered, and that a cor¬
rect account be kept of her way, by the log being duly hove
and marked on the log board.
Art. 2. He is to see that the master's mates and midship¬
men of the watch, are constantly on deck, and attentive to their
duty; and he is to order the men of the watch to be frequently
mastered, and to report to the captain such as he shall find ab¬
sent from their duty.
101
Art. 3. He is to be extremely attentive to keep the ves¬
sel in her station in any squadron he may belong to; and he is
to inform the captain whenever he apprehends that he shall not
be able to do so.
Art. 4. He is to inform the captain of all strange sails
that are seen, all signals that are made, all changes of sail made
by the commander, all shifting of the wind, and in general of all
circumstances which may derange the order in which the squad¬
ron is sailing, or prevent the vessel from continuing on the course
directed to be steered.
Art. 5. He is to be very particular in delivering to the
lieutenant who relieves him on the watch, all orders received by
him from the captain or lieutenant he relieved remaining unex¬
ecuted; and he is to inform him of all signals made by the com¬
mander-in-chief, which still remain to be obeyed. He is to point
out to him more especially in the night the situation of the com¬
mander-in-chief, and to inform him what sail his vessel was carry¬
ing when it could last be ascertained, and whether the vessel
was coming up with or dropping astern of him; and he is to
give in general whatever other information may be necessary to
enable him to keep the vessel on her station, if the squadron be
formed in the order of sailing, or to keep well up with it, if it be
not so formed.
Art. 6. He is to keep men at the masts' heads during the
day, and in proper stations during the night, to look out. He
is frequently to remind them of their duty, if necessary, and to
relieve them, more or less frequently, according to the state of
the weather, and the degree of their attention.
Art. 7. On a strange sail being seen in the night during
war, he is to send a midshipman to inform the captain, and is
himself to make arrangements for getting the vessel ready for
action. He is to keep out of gunshot until every thing is ready,
but in doing this he is to be careful not to remove to such a dis¬
tance as to risk losing sight of her.
Art. 8. He is never to carry so much sail as to endanger
the springing of any mast or yard, unless some particular service
should require it, and when he does so, he must take care that
all the men in the watch are at their stations, ready to shorten
sail the moment any increase of wind, or other circumstances
shall make it necessary.
Art. 9. In the night he is to take care that the master-
at-arms and corporals in their respective watches, are very par¬
ticular in going the rounds, and that they visit all parts of the
m
vessel every half hour, to see that there is no disturbance among
the men, and that no candles or lamps are burning, except such
as are expressly allowed.
Art. 10. He is to direct the carpenter to sound the well
himself, or direct one of his mates to do it, once at least in every
watch, and to see that the ports arc well barred; and the gun¬
ner or one of his mates to examine once at least in each watch,
the state of the lashing of the guns, and to report to him when
they have done so.
Art. 11. In the morning he is to direct the boatswain to
examine into the state of the rigging, and the carpenter that oi
the masts and yards; he is to receive their reports, and to inform
the captain of any defects they may discover.
Art. 12. He is never to change the course of the vessel
without directions from the captain, unless it be necessary to
avoid some danger.
Art. 13. If the vessel belongs to, or is in company with
any squadron, he is to direct some careful officer to observe the
signals made by the commanding officer; but. he is never to
answer any signal, whether general or addressed particularly to
the vessel to which he belongs, unless he is certain that he sees
it distinctly, and understands for what purpose it is made; and
he is every evening before dark to see that lanterns with candles
and every thing necessary for making signals in the night, are
ready and in good order; and that the number of guns which
may be directed not shotted, are ready for being fired, and to
be be particularly attentive in preventing any other lights being
shown in the vessel when signal lights arc hoisted, and when at
sea that no light may be seen from the cabin or any part of the
vessel.
Art. 14. During a fog he is to be particularly attentive
to the guns fired by the commander-in-chief, that by observing
any alteration that may take place either in the direction or
strength of the report, he may take such steps as may be deemed
necessary to prevent the vessel's being separated from the
squadron. lie is to be very careful to order the drum to be
beat, and the bell to be sounded according to the tack the vessel
may be on, for the information of vessels that may be near.
Art. 15. He is t® see that every occurrence worthy of
notice during the watch be properly entered on the log board,
and that all signals made in the squadron are correctly minuted,
in such a manner as the captain shall direct; and at the end of
his watch he is to sign the log board and the report of signals,
103
with the initials 0/ his name; and in like manner, when the ocj
currences of the day, and the report of the signals have been
entered in the log book, he is to sign that with his name at the
end of each watch he kept.
Art. 16. He is constantly to ascertain the latitude by
observation, at moon, or by double altitude, as circumstances may
require, and to keep an account of the vessel's way, specifying
the course steered, and the distance run for each twenty-four
hours, with the latitude and longitude she is in, and the bearings
and distances of some head land from which she sailed, or towards
which he may be going, with other particulars, and in any form
that the captain shall direct; which account he is to deliver to
the captain every day, as soon after noon as the other duties of
the vessel will allow.
Art. 17. He is not to make any signal by day or by night,
except such as may be necessary to warn vessels of any danger
to which they may be exposed, without the direction of the
captain.
Art. 18. In time of action, he Is to see that all the men
under tiis command are at their quarters, and that they do their
duty with spirit and alacrity. He is to be particularly attentive
to prevent them from loading the guns improperly; from firing
them before they are well pointed, and from wetting them after
they have been fired, and he is to be very careful to prevent
their making an improper accumulation of powder in any part
of his quarters.
Art. 19. He is to be attentive to the conduct of all the
ship's company, to prevent all profane swearing and abusive lan¬
guage, all disturbance, noise, and confusion, to enforce a strict
obedience to orders, a proper respect to all superiors, and an
observance of discipline and good order; and he is to report to
the captain all those whose misconduct he' shall think deserving
of reprehension or punishment.
Art. 20. No boat is to be allowed to come along side, or
to go from the vessel, without direction from the lieutenant of
the watch. When vessels or boats come along side with provi¬
sions, stores, water, &c., he is to see that they are cleared with¬
out delay, and that the articles are taken into the vessel with the
utmost care, to prevent their suffering any damage; and when
any provisions, stores, empty casks, &c., are to be sent from the
vessel, he is to be equally attentive in causing them to be put
fnto the vessels or boats appointed to receive them.
Art. 21. In the absence of the captain, the senior licu-fe-
10*
104
nanf. on board the vessel is to be responsible for every thing
done on board ; he is to see every part of the duty as punctually
performed as if the captain were present.
He may put under arrest any officer whose conduct he
shall think so reprehensible as to require it, and he may confine
such men as he may think deserving of punishment; but neither
he, nor any other lieutenant, who may become commanding
officer, is to release an officer from his arrest, nor to release or
punish any man who has been confined; for this is to be done by
the captain only, unless he be-absent from the vessel, with leave
from the secretary of the navy, or from his commanding officer,
in'which case it is to be done only by the senior lieutenant com¬
manding the vessel in the captain's absence.
OF THE MASTEE.
Art. 1. A master, when attached to a-vessel, is to be con¬
stantly attentive to his duty, and diligently and punctually to
execute all orders he may receive from the captain or any of the
lieutenants of the vessel^ for the public service.
Art. 2. He is to be present himself at the stowing of the
hold, to see that the vessel has the proper quantity of iron or
other ballast; and he is to stowher in a manner best qualified
to preserve her trim, to make room in the hold, and to admit of
the stowage of the water and provisions without risk of damage,
to the casks. He is to stow away as much wood in the hold as
possible; and if it should appear to him that the quantity of
wood and coals will not be sufficient for the time for which the
vessel is victualled, he is to report it to the captain.
Art. 3. He is to be present when stores and provisions
are received on board, to see them carefully and expeditiously
hoisted in to prevent their being damaged; and if any of them
should appear to him to be in any respect defective, he is to re¬
port it to the captain, or the commanding officer on board, that
they may be surveyed as soon as the service will admit, and then
disposed of in conformity to the report of the survey.
Art. 4. If any provisions are pointed, out to him as being
older than the rest,, he is to stow them in such a way as to admit
of their being first hoisted up; and on receiving any subsequent
supplies, he is, whenever circumstances will admit, to put the
new provisions under the old, that they may be the last ex¬
pended.
Art. 5. He is to keep the keys of the after hold and
spirit room, which, when wanted, hq is to deliver to one of the
105
masters mates only, strictly charging him not to suffer a light fo
be carried into the spirit room; to attend himself, without quit¬
ting on any account, the spirit room or after hold while open, to
see it properly secured when the service for which it was opened
shall be executed, and to return the keys to him as soon as he
has done so.
Art. 6. He is to see that the sails are properly fitted with
points, robands, earings, &c., ready for being brought to the
.yards, and that the boatswain has always a sufficient number of
spare points, robands, gaskets, mats, plats, knippers, &c., ready
for any purpose for which they may be wanted.
Art.* 7. He is to be attentive in observing the quantity
of every species of provisions hoisted up from the hold, that if
the quantity should appear to be more than is necessary for the
ship's company, he may inform the captain; he is to attend also
to the quantity of wood hoisted up, that he may prevent any
improper expenditure of the same.
Art. 8. He is to be particularly careful to prevent any
waste or improper expense of water, and never allow of its being-
started or pumped out in the hold without particular directions
from the captain; nor is he to suffer more to be hoisted up in a
day than the quantity allowed.
Art. 9. He is every day to report to the captain the
quantity of water expended during the last- twenty-four hours,
and the quantity remaining on board.
Art. 10. He is, with the first lieutenant, to visit the store
rooms of the warrant officers, to see that they are kept as clean
and as well ventilated as circumstances will admit, that no other
than the stores of the vessel are to be put into them, and that
the stores are so regulated as to admit of any of them being
found when wanted.
AftT. 11. He is frequently to inspect the sail room, to see that
they are dry, and the rooms in good order. He is to give ordeis
for the repairing of sails immediately on discovering that they
require it; and if he should find them or any of the stores at any
time likely to be damaged by dampness, or by any other cause,
he is immediately to represent it to the captain.
Art. 12. He is frequently to examine into the state of the
f.gging, and to see that the standing rigging is always-kept well
set up; to attend himself when it is set up; to examine frequently
the running rigging, and to inform the captain when any part
of it appears to be no longer servicable.
Art. 13. At the end of every week he is to examine the
106
boatswain's and the carpenter's accounts of stores expended-,
and at the end of every month he is, with the first lieutenant, to
sign their expense books, which he is to examine with very great
attention before he signs them, to prevent the insertion of ex¬
penditures which have not been made, or any improper account
of those which have.
Art. 14. He is to see that the compasses, the hour and
other glasses are properly taken care of, to try them and com¬
pare them with each other frequently, to ascertain and prevent
the bad effects of any error which may be in them, to see the
log-lines and lead-lines correctly marked, and at hand, whenever
they may be wanted.
Art. 15. He is, under the command of the captain, to
•have the charge of navigating the vessel. He is to represent to
the captain every possible danger in or near the vessel's course,
and the way to avoid it, and if it be immediate, to the lieutenant
of the watch; whenever the vessel shall be approaching the
land or any shoal, he is to be upon deck, and keep a good look
out, always sounding to inform himself of the situation of the
vessel.
Art. 16. He is every day at noon to deliver to the cap¬
tain, an account of the situation of the vessel, the latitude and
longitude she is in, the variation of the compass, the bearings
and distance of the place sailed from, or of that to which the
vessel is bound, and every other particular which the captain
shall direct.
Art. 17. He is to have charge of the ship's log-book,
which is to be written by the master's mate, under his immediate
inspection; he is to compare it every day with the log board, to
see that every circumstance which has occurred, is properly en¬
tered in it; and he is to send it immediately to the lieutenants, that
they may sign their names at the end of their respective watches,
while that which happened in them is still fresn in their memo¬
ries. In the log book he is to enter with very minute exactness
each of the following circumstances, viz:
1st, The state of the weather, the directions of the wind,
the courses steered, and the distances run, with every occurrence
relating to the navigation of the vessel, the setting and the ve¬
locity of the currents, and the result of all astronomical observa¬
tions made to ascertain the situation of the vessel, the variation
of the compass, &lc.
2d, The loss of masts, yards, boats, &c., the splitting of
10?
sails, the blowing awaj of flags or colors, and all other accidents,
with the quantity of each article lost or saved.
3d,- Every circumstance relating to the supply, receipts, loss,,
survey, and returns of slop clothes, provisions, casks, and water;
specifying from whom they were received, and to whom they
were supplied or returned, and by whose order, if any order
were given, with the number of casks and packages written in
words at length.
4th, An account of the quantity of every species of stores,
purchased for the vessel, or received from, or supplied to any
other Tcxian vessel, or to merchant vessels, or to any foreign
vessels or arsenal.
5th, Every alteration made in the allowance of provisions,
specifying by whose order such allowance was made.
Gth, The marks and numbers of every cask of provisions or
bale of slops opened for the use of the vessel's crew, with the
quantity it is said to have contained, and the difference, if there
is any.
7th, An account of the number of men employed on board
who are to be paid for the services they perform, whether hired
for that purpose, or lent from other vessels, mentioning the day
on which they began, and on which they ceased working, and
the number mustered every day. Every enfry of the receipt,
expenditure, loss, &c., of stores or provisions, is to be carefully
examined by the officer who has the charge of them, who is to
signify that the account is correct, by signing his name at the
bottom of it. After the log book has been signed by the lieu¬
tenant, no alteration, however trifling, is to be made in it, without
the approbation of the captain, and the perfect recollection of
the lieutenant of the watch that such alteration is proper.
Art. 18. At the end of every six calendar months, he is
to deliver a copy of the log book for those six months, signed by
himself, to the captain, to be transmitted by the first safe oppor¬
tunity to the secretary of the navy; and at the end of every
twelve months he is to deliver the original log book, signed by
himself, to the captain, to be kept by him till the vessel is paid
off, and then to be sent to the secretary of the navy. If the
master be superseded he is to sign the original log book, then in
his possession, and to deliver it to his successor, who is to giye
him a receipt for it.
PURSER.
Art. I. The purser being the officer appointed to receive
108'
.md distribute the victualing stores and slops of the vessel, hav¬
ing entered into bonds to the government of Texas, as prescribed
by law, is to abide by the following regulations and instructions;
and he is not to expect that any irregularity in, or omission of
any part thereof, or of the forms referred to therein for keeping
his accounts will pass unnoticed.
Art. 2. Every purser attached to a vessel of war shall
make to the secretary of the navy a statement of his accounts
every six months, and settle his accounts at the treasury every
twelve months; nor shall he permit a longer time to elapse
without offering his accounts for settlement, if the vessel to
which he belongs be in a port, or on the coast of Texas; and in
the event of" his failing to do so, his pay and emoluments shall
cease from the time of the expiration of the twelve months, com¬
mencing at the time of his joining the vessel, or at the date of
the last settlement.
Art. 3. No purser can be employed or removed from one
vessel or station to another, until he shall have settled up his
accounts for the vessel or station to which he shall have last be¬
longed, unless specially exempted from doing so by the secretary
of the navy.
Art. 4. Before a purser can receive orders to join a ves¬
sel or station, or to be removed from one vessel or station to
another, he must produce a certificate from the auditor of the
treasury, or other satisfactory evidence, .hat he has settled up
his accounts for the last vessel or station to which he belongs,
and that the balance against him does not exceed one thousand
dollars.
Art. 5. When a purser joins a vessel or station he shall
see that it is provided with the necessary articles belonging to
his department; take care that the provisions, victualing stores,
and slops are of good quality, and demand a survey on those
which may appear damaged, or otherwise unlit for the service.
Art. 6. Tobacco will be purchased by the Tcxian gov¬
ernment, and delivered and charged to the purser, at cost and
charges; and he will, on the settlement of his accounts, be
allowed fifty per cent, on the amount of all tobacco issued;
which per centage is to be added to the cost and charges on the
article when issued to the crew.
Art. 7. All the slops, clothing, &c., will be charged to
the purser, at cost and charges, and he is to be held accountable
for the expenditure.
Art. 8. In no case will the purser be credited even for
109
any alledged loss by damage in slops, unless he show, by regulai
surveys, signed by three officers, one at least to be commissioned,
that the loss has been unavoidably sustained by damage, and not
by any neglect or inattention on his part.
Art. 9. And as a compensation for the risk and respon¬
sibility, the purser shall be authorized to dispose of the slops to
the crew at a profit of ten per cent.; but he must, at the end of
every cruise, render a regular slop account, showing by appro¬
priate columns, the quantity of each article received or pur¬
chased, and the prices and amount, and from whom, when and
where, and he shall show the quantity disposed of, and to whom,
and a. what prices, so that his slop account may show the arti¬
cles' prices, and amounts received and disposed of.
Art. 10. When on foreign station there shall be a neces¬
sity to purchase slops, they are to be purchased agreeably to the
established uniform of the navy, which in winter shall consist of
a blue jacket and trowsers, and red vest, yellow buttons, and
black hat. In summer the dress will be white duck jackets and
trowsers, and vests; and on the home station they will be sup¬
plied from the navy stores, on requisition, in the same manner
as other stores are supplied.
Art. 11. Slops are to be issued out publicly, and in the
presence of an officer, who is t© be appointed by the captain, to
see the article delivered to the seamen and others, and the re¬
ceipt given for the same, which he is also to certify. The cap¬
tain is not to suffer any one to be supplied with slops except
when absolutely necessary, and he is to oblige those who may be
ragged, and in want of apparel or bedding, to receive such of
these things as he shall stand in need of.
Art. 12. When any one dies on board, his clothes and
other effects may be sold at auction, and the amount, after being
charged to the buyer, shall be carried to the credit of the de¬
ceased, for the benefit of his legal representatives.
Art. 13. The purser shall be allowed a commission of
five per cent, to be deducted from the amount of the sale of dead
men's clothes.
Art. 14. No purser shall draw moneys at any time or
place without the approval and signature of his commanding
officer.
Art. 15. Captains or commanders may shorten the daily
allowance of provisions when necessity shall require it.
Art, 16. No officer is to draw whole allowance while the
ship's company is on short allowance-
110
Akt. 17. Provisions and stores purchased by agents are
to be surveyed when received on board; and if it should appear
by the report of the surveying officers that they are unfit for
public use, they are to be returned to the agents, and on settle¬
ment the captain is to refuse to admit them into the agent's
accounts against the vessel, and is to transmit to the secretary of
the navy a duplicate of the report of survey, with such remarks
as the case may require.
Akt. 18. Every cask and package of provisions, wet or
dry, bread excepted,-sent on board the Texian vessels of war, is
to have the contents thereof, as to quantity and kind, distinctly
marked on it, together with a number, and the time when, place
where, and by whom purchased or furnished. The casks are to
be marked on the head, and the packages on some proper or
conspicuous part of them.
Art. 19. The resignation of any officer when called into
active service will be considered a disobedience of orders.
NAVAL GENERAL COURTS MARTIAL.
Art. 1. General courts martial may be convened as often
as the president of the republic of Texas, the Secretary of the
navy, or the commander-in-chief of the squadron, while out of
the limits of the republic of Texas, shall deem it necessary; pro¬
vided., that no general courts martial shall consist of more than
nine, nor less than five members; and as many officers shall be
summoned on every such court as can be convened without
injury to the service, so as not to exceed nine; and the senior
offieer shall always preside, the others ranking agreeably to the
date of their commissions; and in no case, when it can be avoided,
without injury to the service, shall more than one half of the
members, exclusive of the president, be junior to the officer to
be tried.
Art. 2. Each member of the court martial, before pro¬
ceeding to trial, shall take the following oath or affirmation,
which the judge advocate, or person officiating as such, is hereby
authorized to administer: "I, A. B., do swear (or affirm) that I
will truly try, without prejudice or partiality, the case now
depending, according to the evidence which shall come before
the court, the rules for the government of the navy, and my own
conscience; and that I will noi, by any means, divulge or dis¬
close the sentence of the court until it shall have been approved
by the proper authority; nor will I, at any time, divulge or dis¬
close the vote or opinion of any particular member of the court,
m
unless required so to do before a court of justice, in due course
of law."
Art. 3. All testimony given to a general court martial
shall be on oath or affirmation, which the president of the court
is hereby authorized to administer; and if any person shall
refuse to give his evidence as aforesaid, or shall prevaricate, or
shall behave with contempt to the court, it shall, and may be
lawful, for the court to imprison such offender, at their discre¬
tion: provided, that the" imprisonment in no case shall exceed
two months, and every person who shall commit wilful perjury
on examination on oath or affirmation before such court, or who
shall corruptly procure or suborn any person to commit such wil¬
ful perjury, shall, and may be prosecuted by indictment or infor¬
mation, in any court of justice in the republic of Texas, and shall
suffer such penalties as are authorized by the laws of the repub¬
lic of Texas, in case of perjury or the subornation thereof. And
in every prosecution for perjury or subornation, under this act,
it shall be sufficient to set forth the offence charged oh the de¬
fendant, without setting forth the authority b^ which the court
was held, or the particular matters brought, or intended to be
brought before the said court.
Art. 4. All charges on which an application for a gene¬
ral court martial is founded, shall be exhibited in writing to the
proper officer, and the person demanding the court shall take
care that the person accused shall be furnished with a true copy
of the charges, with the specifications, at the time he is put under
arrest; nor shall any other charge or charges, than those so ex¬
hibited, be urged against the person so to be tried before the
court, unless it appear to the court that the intelligence of such
charge had not reached the person demanding the court, when
the person so to be tried was put under arrest, or that some wit¬
ness, material to the support of such charge, who was at that
time absent, can be produced; in which case, reasonable time
shall be given to the person to be tried, to make his defence
against such new charge. Every officer so arrested is to deliver
up his sword to his commanding officer, and to confine himself
to the limits assigned him, under pain of dismission from the
service.
Art. 5. When the proceedings of any general court mar¬
tial shall have commenced, they shall not be suspended or de¬
layed, on account of the absence of any of the members: provided
five or more be assembled; but the courtis enjoined to sit from
day to day, (Sundays excepted,) until sentence be given: and no
112
member of said court shall, after the proceedings are begun, ab
sent himself therefrom, unless in case of sickness, or orders to go
on duty, from a superior officer, on pain of being cashiered.
Art. 6. Whenever a court martial shall sentence an offi¬
cer to be suspended, the court shall have power to suspend his
pay and emoluments, for the whole, or any part of the time of
his suspension.
Art. 7. All sentences of courts martial, which shall extend
to the loss of life, shall require the concurrence of two thirds of
the members present; and no such sentence shall be carried into
execution, until confirmed by the president of the republic of
Texas; or if the trial take place out of the limits of the republic
of Texas, until it be confirmed by the commander of the squad¬
ron; all other sentences may be determined by a majority of
votes, and carried into execution on confirmation of the com¬
mander of the fleet or squadron, or officer ordering the court,
except such as go to the dismission of a commissioned or warrant
officer, which are first to be approved by the president of the re¬
public of Texas.
Art. 8. A court martial shall not, for any one offence not
capital, inflict a punishment beyond one hundred lashes.
Art. 9. The president of the republic of Texas, or when
the trial takes place out of the limits of Texas, the commander
of the squadron, shall possess full powers to pardon any offence
committed against these articles, after conviction, or to mitigate
the punishment decreed by a court martial.
Art. 10. A nd be it further enacted, That courts of enquiry
may be ordered by the president of the republic of Texas, the
secretary of the navy, or the commander of the squadron: pro¬
vided such court shall not consist of mere than three members,
who shall be commissioned officers, and a judge advocate, or
person to do duty as such; and such courts shall have power to
summon witnesses, administer oaths, and punish contempt, in the
same manner as courts martial; but such courts shall merely
state facts, and not give their opinion, unless expressly required
so to do in the order for convening; and the party whose con¬
duct shall be the subject of inquiry, shall have permission to
cross examine all the witnesses.
Art. 11. The proceedings of courts of enquiry shall be
authenticated by the signature of the president of the court, and
judge advocate, and shall, in all cases not capital, or extendirg
to ffismission of a commissioned, or warrant officer, be evidence
113
before a court martial: provided oral testimony cannot be ob¬
tained.
Art. 12. The judge advocate, or person officiating as
such, shall administer to the members the following oath or affir¬
mation: " You do swear (or affirm) well and truly to examine and
enquire, according to the evidence, into the matter now before
you, without partiality or prejudice." After which the presi¬
dent shall administer to the judge advocate, or person officiating
as such, the following oath or affirmation: "You do swear (or
affirm) truly to record the proceedings of this court, and the evi¬
dence to be given in the case in hearing."
REGULATIONS RELATIVE TO NAVAL SURGEONS
AND THEIR ASSISTANTS.
Art. 1. Every naval surgeon, on being ordered to a ves¬
sel of war of the republic of Texas, shall, without delay, report
himself to the commanding officer, and take in his charge all the
medicines, instruments, hospital stores, utensils, and all other
articles ordered for the use of the sick, agreeably to estimate, for
which he shall give duplicate receipts to the medical purveyor,
by whom they were supplied. He shall personally examine the
articles before he passes his receipts, as he will be held strictly
accountable for the expenditures thereof.
Art. 2. He shall keep, or cause to be kept, a regular ac¬
count of the receipt and expenditure of the said articles of medi¬
cine, according to form; and at the expiration of every month,
the amount of the hospital stores shall be carried to the credit
side. These books he is carefully to preserve, and at the end
of every year, to deliver them to the medical purveyor of the
depot where he may have arrived.
Art. 3. Should a fresh supply of medicines, or other arti¬
cles in the surgeon's depaitment, be required on a foreign sta¬
tion, in consequence of any extraordinary number of sick, or by
any injury sustained in a gale of wind, or in action, he shall
make out a requisition for such articles as he may think abso¬
lutely necessary for the remainder of the cruise, or until he shall
arrive in Texas; which requisition, when signed by the comman¬
der, shall be forwarded to the navy agent, or consul of the port
where the vessel may be, who will direct the supply thereof:
The surgeon shall examine and approve the accounts of all arti¬
cles thus supplied, before they are received on board.
Art. 4. No condemnation of any article of medicine, or
hospital stores, shall take place, unless a survey shall have been
114
iiad on the same, by order of the commander, at the request of
the surgeon. A lieutenant, one surgeon and mate, shall be ap¬
pointed for this purpose, and their certificate shall be necessary
to exonerate the naval surgeon from the responsibility which
these regulations impose on him.
Art. 5. He shall prescribe for casual cases, on the gun
deck, every morning at nine o'clock, due notice having been
previously given by his lob-lolly boy, by ringing of a bell. He
shall visit those who are confined to the sick berths twice a day,
or oftener if necessary, and prescribe such medicines and diet as
he may think proper; he shall likewise direct the stoppage of
the rations of every man on the sick list and excused from duty,
when he shall issue hospital stores in lieu thereof.
Art. 6. He shall cause the patients under his care to be
removed to the sick berth, whenever he shall judge it expedient.
He is to request the commander to order as many men as may
be requisite to attend their companions, day and night, as nurses;
and whilst engaged in this duty they shall be subject to the
orders of the surgeon, unless when mustered, or called to quar¬
ters; should they neglect to perform the duties required, and not
use tenderness and humanity in the performance of them, the
surgeon shall make a proper representation thereof to the cap¬
tain. The sick berth shall be supplied with a sufficient number
of buckets with covers, for the use of the sick, which shall be
emptied frequently, and cleansed, and charcoal and water put
in them. The berth shall be whitewashed with lime^ whenever
an opportunity offers, and the deck sprinkled with vinegar.
Art. 7. He shall be extremely attentive to the personal
cleanliness of the patients under his care, and see that the beds
and bedding are properly attended to; also, that the sick are
supplied with such medicines, drinks, and nourishments, as theii
situation may require.
Art. 8. He shall report daily to the commander, the num
ber, names, quality, and state of the sick under his care, their
disease, and probable cause of the increase of the sick; also, the
result of his treatment, agreeably to form. He shall likewise
deposit in the binnacle, an alphabetical list of those who are, or
ought to be, excused from duty, in consequence of wounds, dis¬
ease, or other injuries.
Art. 9. The day previous to the discharge of a man from
the sick report, who has been subsisted by him, he shall inform the
purser in writing, in order that his steward may include him in
his mess, in serving out the rations.
115
Art. 10. He shall at all times be prepared with every
thing necessary for the relief of wounded men; and when the
vessel is cleared for action, he shall repair to the cock pit, with
his assistants and attendants, or to such part of the vessel as the
surgeon, with the consent of the commander, may consider most
proper for their reception, the situation having been previously
arranged.
Art. 11. A variety of cases may occur, when, for the
preservation of the lives of the sick, as well as for the safety of
those who are well, it may be conceived necessary to remove
part of the sick on the gun deck; it is therefore deemed proper
that he should recommend their removal whenever circumstances
may make it necessary.
Art. 12. When sick or wounded men be sent to any of
the naval hospitals of Texas, they shall be accompanied by an
officer, and an assistant surgeon, to see that they are conveyed
with all the care and comfort that circumstances will admit of.
Art. 13. Each man sent to the hospital shall be furnished
with a sick ticket, also an inventory of his effects, agreeable to
form.
Art. 14. Whenever very important and difficult cases oc¬
cur, he shall, if practicable, consult with the surgeons of the fleet
or squadron.
Art. 15. He shall instruct his assistants, and all others
stationed with him, in the use of the tourniquet, and such other
persons as the commander may appoint. A number of tourni¬
quets shall be distributed to the different quarters; also, two or
three to each top, that the wounded men may suffer as little
as possible from the loss of blood, before their removal to the
cock pit.
Art. 16. He shall occasionally inspect the crew, and take
every precaution to prevent the origin or progress of contagion,
on the appearance of which he shall, without delay, report the
case to the commander, in order that a timely separation may
,be made of the sick from the well, and adopt such measures as
may have a^tendency to arrest the progress of the disease.
Art. 17. He shall frequently inspect the provisions and
•liquors which may be served out, and report the same to the
commander, when unsound; he shall likewise direct his mates
to examine the cook's coppers, to see that he keeps them clean,
and likewise report every thing respecting diet, dress, want of
personal cleanliness; in short, every thing which may come
11*
116
within the sphere of his knowledge, tending to promote the
comfort and health of the crew.
Art. 18. He shall take care that the medicines, and all
other articles with which he is supplied, are faithfully adminis-
teied for the relief of the sick and wounded, and that no part of
them be wasted or embezzled, or applied to any other purpose
than that for which they were intended.
Art. 19. To enable the surgeon and his assistants to take
proper care of the articles belonging to the medical department,
a store room shall be allotted for their reception, which shall be
solely under the charge of the surgeon, or, during his absence,
of the first assistant.
Art. 20. Whenever the surgeon shall consider that a
supply of fresh provisions, vegetables, or lemons, is necessary for
the crew generally, he is to signify the same to the commanding
officer.,
Art. 21. The surgeon shall be allowed a faithful attend¬
ant to issue, under his direction, all supplies of provisions and
hospital stores, and to attend to the preparations of the nourish¬
ment for the sick.
Art. 22. The purser shall, from time to time, supply, on
the requisition of the surgeon, approved by the captain or com¬
mander, such articles of provisions as he may want for the use
of the sick or convalescent; which articles shall be charged to
,the medical department, or against the rations of the sick which
may have been stopped.
Art. 23. At the end of every six months, the surgeon
shall report to the secretary of the navy, the conduct of his
mates; whether they have performed their duty with zeal and
industry.
Surgical instruments are to be delivered to the surgeon, and
charged to his account; and on his removal from the vessel, he
is to take a receipt from his successor, the medical purveyor, or
the surgeon of the hospital where the vessel may be laid up;
which receipt, when approved by the captain, shall acquit him
from further responsibility respecting them.
THE GUNNER.
Art. 1. The gunner, having received directions for thai
purpose from the captain, is to inform the officer having charge
of the ordnance, when the vessel will be ready to receive hei
guns. He is to attend to receive them on board, and to see that
117
every gun is placed on its proper carriage, and put in good order* -
for use.
Art. 2. He is to examine very carefully into the state of
the magazine, that he may be certain of its being perfectly fitted,
and perfectly dry, before the powder is carried on board; but if
he should find any appearance of dampness, he is to report it to
the captain that it may be properly dried.
Art. 3. He is to inform the captain when the powder
will be ready to be sent on board, that the fire in the galley
may be put out, before the vessel which carries it is suffered to
come along side; while the powder is taking into the vessel, no
candles are to be kept lighted, except those in the light room,
nor is any man to be allowed to smoke tobacco: as soon as the
whole is stored in the magazine, the gunner is to see the doors,
the light room, and the scuttle carefully secured; and is to de¬
liver the keys to the captain, or to such other officer as he shall
appoint to take care of them.
Art. 4. He is never to keep any quantity of powder in
any other part of the vessel than the magazine, except that
which the captain shall order to be kept in the powder boxes or
powder horns on deck; and when he delivers cartridges from
the magazine, he is to be very particular that they are in cases,
properly shut; and whenever it may be necessary to move pow¬
der from the vessel, he is to use the utmost caution, that all the
passages to the magazine may be wetted, so as to prevent acci¬
dent.
Art. 5. He is to turn the barrels of powder once at least
in every three months, to prevent the separation of the nitre
from the other ingredients of the powder. He is also to examine
frequently the barrels, and if he should find any of them defec¬
tive, he is to remove the powder into some of the barrels which
have been emptied. He is frequently to examine the cartridges
which are filled, that he may remove the powder from any of
them which he may find defective.
Art. 6. When powder of various qualities shall be sent
on board, he is to be very attentive in using them in the order
which shall be prescribed.
Aet. 7. He is frequently to examine into the state of the
guns, their locks and carriages, that they may be immediately
repaired oi exchanged, if found defective; and he is frequently
to examine the musketry, and all the other small arms, to see that
they are kept clean, and in'every respect fit for service.
Art. 8. He is to be attentive in keeping the shot racks
118
iull of shot, the powder horns and boxes of priming tubes full,
and a sufficient quantity of match primed, and ready for being
lighted at the shortest notice.
Art. 9. When a vessel is preparing for battle, he is to be
particularly attentive to see that all the quarters are supplied
with every thing necessary for the service of the guns, the board¬
ers, firemen, &c. He is to see all the screens thoroughly wetted,
and hung round the hatchways, and from them to the magazine,
before he opens the magazine doors.
Art. 10. After an engagement he is to apply to the cap¬
tain for a survey on the powder, shot, and other stores remaining
under his charge, that the quantity expended in the engagement
may be ascertained.
Art. 11. He is never to allow any match to be burnt in
the day time, nor more than two lengths at the same time in the
night, without an order from the captain. When a match is
burning, it is always to hang over a tub of water, and the gun¬
ner's mate of the watch is to attend to it.
Art. 12. He is to take every possible precaution to pre¬
vent any ball cartridges being given to the men, among the
blank cartiidges issued for exercise.
Art. 13. He is to be very attentive to the conduct of the
armorer and his mates, to see that they discharge their duty
properly, that they keep the muskets and other small arms clean,
and in good order, always repairing them when they are defec¬
tive, and not suffering them, through neglect, to become too bad
to be repaired.
Art. 14. As the brass sheves and iron pins of blocks of
gun tackles, from being much exposed to salt water, are fre¬
quently set fast with rust, he is to be particularly attentive when
this is the case, to cause the iron pins to be knocked out, and to
be oiled and greased.
SURVEYS.
Art. 1. If any officer shall wilfully sign any false report
of quantity and condition of stores or provisions he is ordered to
survey, or shall discover any fraudulent practices in the manage¬
ment of such stores or provisions, without making proper men¬
tion of them in his report; or if any person shall give false ac¬
count of stores or provisions, by which the surveyirg officer may
be deceived, and be led to make out an improper report, he is
to be immediately suspended, and bis micr' T iuet reported to the
119
commander-in-chief, or to the secretary of the navy, that he may
be tried by a court martial.
SAIL MAKER.
Art. 1. The sail maker is very carefully to examine the
sails when they are received on board, and to inform the boat¬
swain if he discover any defects in them, or any mistake in
their number or dimensions; he is to examine carefully whether
they are perfectly dry when they arevput into the sail room; and
if any part of them be damp, the first proper opportunity must
be taken to dry them.
Art. 2. He is to be attentive to see all the sails properly
tallied, and so disposed of in the sail rooms as to enable him to
find immediately afly that may be wanted.
Art. 3. He is frequently to inspect the condition of the
sails in the sail rooms, to see that they are not injured by leak
or vermin, and he is to report to the boatswain when it shall be
necessary to have them taken upon deck to be dried. He is to
repair them whenever they require it, and to use his best endea¬
vours to keep them always fit for service.
CARPENTER.
Art. 1. When a vessel of war belonging to the republic
of Texas is to be commissioned, the carpenter is to inspect very
minutely into the state of the masts and yards, as well as those
which may be in store, to insure their being perfectly sound, and
in good order; he is also to examine every part of the hull, the
magazine, store rooms and cabins, and he is to report to the
captain any defect which he may discover.
Art. 2. He is to make every possible exertion in getting
the stores on board, and he is to be very particular in observing
that they are all perfectly good, and that he receives his full
allowance of every article.
Art. 3. When the vessel shall be at sea, he is once at
least every day to examine into the state of the masts and yards,
and to report to the officer of the watch when he discovers any
of them to be sprung, or to be in any waj defective.
Art. 4. In vessels of two decks, he is frequently to exa¬
mine the lower deck ports, to see that they are properly lined,
and when they are barred in, he and his mates are frequently to
see that they are properly secured.
Art. 5. He is to be particularly careful in keeping the
120
pumps in good order, always having at hand whatever may be
necessary to repair them.
Art. 6. He is to keep the boats, ladders, and gratings, in
as- good condition as possible, always repairing every damage
they may sustain as soon as he discovers it.
Art. 7. He is to keep always ready, for immediate use,
shot plugs, and every other article necessary for stopping shot
holes, and repairing other damages in battle; and, during the
action, he is, with the part of the crew appointed to assist him,
to be continually going about the wings and passages, and the
hold, to discover where shot may have passed through, that he
may plug up the holes and stop the leaks, as expeditiously as
possible.
Art. 8. If he should at any time find stores, or other arti¬
cles stowed in the wings or passages, in such a manner as might
interfere with his working, if required to cut out shot, or stop
leaks during an action, he is to report it to the captain, that
they may be removed.
Art. 9. When the vessel is going into port, he is to pre¬
pare as correct an account as possible of the defect of the hull,
masts and yards, and of the repairs she may stand in need of,
of which he is deliver to the captain two copies, one of which,
when signed by the captain, he is to deliver to the master ship¬
wright of the station. In making this report he is to be very
careful not to exaggerate any defect, by which there may ap¬
pear to be a greater necessity for the vessel's being repaired than
really exists, nor is he to conceal any which may require to be
repaired.
BOATSWAIN.
Art. I. When a Texian vessel is commissioned, the boat¬
swain is to exert himself to get on board all the stores committed
to his charge, as expeditiously as possible, he is to examine them
very carefully, and to inspect very minutely all fitted rigging,
and to report to the captain such defects as he may discover in
them.
Art. 2. When fitting out the vessel, and at all other times
when it may be necessary to cut out rigging, he is to be ex¬
tremely careful to cut every rope of the precise length allowed
by the establishment, unless some particular circumstance, ap¬
pertaining to *he vessel, shall make it necessary to alter it; in
which case he is to inform the captain, and to receive his orders
for such alteration.
121
Art. 3. He is, once at least every day, to examine the
state of the rigging, to discover, as soon as possible, any part
which may be chafed, or likely to give way, that it may be re¬
paired without loss of time: he is at all times to be very careful
that the anchors, booms, and boats be properly secured.
Art. 4. He is to be very particular in having ready at all
times, a sufficient numbevof mats, plats, nippers, points, and gas¬
kets, that no delay may be experienced when they are wanted.
Art. 5. He is to be very attentive in observing, while
junk is working up, that every part of it is converted to all such
purposes as it can possibly be made applicable to.
Art. 6. He is to be very frequently on deck during the
day, and at times both by day and night. When any duty shall
require all hands to be employed, he is, with his mates, to see
that the men go quickly upon deck when called, and that when
there, they perform their duty with alacrity, and without noise
or confusion.
Art. 7. When the vessel is preparing for battle, he is to
be very particular in seeing that every thing necessary for re¬
pairing the rigging is in its proper place, that the men stationed
for that service may know where to find immediately whatever
maj> be wanted.
Art. 8. When the vessel is ordered to be paid off, he is
to be very attentive to prevent any of the rigging being damaged
or cut, and he is to see every part of it properly tallied and.
stopped together, before he returns it in stores.
CHAPLAIN.
Art. I. He is to read prayers at stated periods, perform
all funeral ceremonies over such persons as may die in the ser¬
vice in the vessel to which he belongs; or if directed by the com¬
manding officer, over any person that may die in any other pub¬
lic vessel.
Art. 2. He shall perform the duty of schoolmaster, and
to that end he shall instruct the midshipmen in writing, arith¬
metic, and navigation, and in whatsoever may contribute to ren¬
der them proficient. He is likwise to teach the other youths of
the vessel according to such orders as he shall receive from the
captain. He is to be diligent in his office.
Art. 3. He shall, when it is required of him, perform the
duties of secretary to the commodore.
122
MIDSHIPMEN.
Art. 1. No particular duties can be assigned to this class
of officers. They are promptly and faithfully to execute all the
orders for the public service which they shall receive from the
commanding officers.
Art. 2. The commanding officers will consider the mid¬
shipmen as a class of officers, meriting in an especial degree their
fostering care. They will see, therefore, that the schoolmaster
performs his duty towards them, by diligently and faithfully in¬
structing them in those sciences appertaining to their profession,
and that he use his utmost care to render them proficients therein.
Art. 3. Midshipmen are to keep regular journals, and
deliver them to the commanding officer at the stated periods, in
due form.
Art. 4. They are to consider it as a duty they owe to
their country, to employ a due portion of their time in the study
of naval tactics, and in acquiring a thorough knowledge of all
the various duties to be performed on board a man of war.
MARINES SERVING ON BOARD THE VESSELS 01
THE REPUBLIC OF TEXAS.
Art. 1. The marine detachments appointed to serve on
board the vessels of the republic of Texas, are to be entered upon
their books as part of the complements for victuals, and with re¬
gard to provisions, and short allowance money, they are to be
in all respects upon the same footing with the seamen.
Art. 2. All marine officers are to obey the orders of the
captain or commanding officer of the vessel, and also of the com¬
manding officer of the watch: the marine officers are, upon all
occasions, to be treated as well by the captain of the vessel as
by all other officers and people belonging to her, with the respect,
decency, and regard due to the commissions they bear. They
are to possess the cabins or berths erected for them.
Art. 3. The marines are to be exercised by the marine
officers in the use of their arms as often as possible, that they
may become expert in the use thereof. They are to be employed
as sentinels, and upon all other duties and service on board of
the vessel which they may be capable of, and therein to be sub¬
ject to the directions of the officers of the vessel; but they are
not to be obliged to go aloft, or to be punished for not showing
an inclination to do so. And the captain or commanding officer
of the vessel is strictly charged not to suffer them to be ill treat-
123
ed, nor a sergeant or corporal to be struck on any account, by
any of the officers, petty officers, or seamen.
Art. 4. No marine, serving on board of any of the Texian
vessels of war, is to be discharged as such, and entered as a sea¬
man, without special authority from the secretary of the navy.
Art. 5. The commanding marine officer is to have in his
possession the chests prepared for the arms, and the cartridge^
for the use of the marines. The arms and drums are to be under
his charge, and he is to be accountable for any loss or damage
that may happen for want of sufficient care in him; but if any
such loss or damage happen by the default of any-other person,
the marine officer is immediately to acquaint the captain of the
vessel therewith, who is to cause the value thereof to be forth¬
with noted against the defaulter's name, in order to its being de¬
ducted from his pay or wages. . %
Art. 6. The marine arms are to be kept clean and in
good order by the marines themselves, so far as they can do the
same; but if necessary, the marine officer may apply to the cap¬
tain for the assistance of one or more armorer's mates, to repair
'the arms, and the captain in such case will order such assistance
to be afforded.
Art. 7. When marines are sent on board of any of the
Texian vessels in order to serve at sea, the captain of the vessel
is to cause the purser to supply them, upon their coming on board,
with a suit of bedding if necessary, and from time to time with
such further bedding and slop clothes, &c., as the commanding
marine officer may represent them to be in want of; for all which
the officer charged with paying the marines shall settle with the
purser of the vessel, charging the amount thereof to the accounts
of the marines to whom such bedding and slops have been so
issued.
Art. 8. The commanding marine officer on board must
examine, once a week at least, into the state of the clothing and
slops belonging to each marine, and if he finds any loss or a busc
must enquire how it happens d; and he is to inform the captaii
of the vessel of the circumstances, who will apply such correc
tive as may be necessary to prevent the recurrence of such losse
or abuses.
Art. 9. 'When any mariUS belonging to the vessel dief
his clothing and effects (except his uniform marine clothing,) ar
to be sold at the mast, by auction 7 and the proceeds charge
against the names of the buyfers: and the marine officer will, b
the first opportunity, transmit to the -•> rw'-cr of the mariu
19
m
corps, an inventory of the effects so sold, and an account of the
money or amount for which they sold, signed by the captain and
purser of the vessel, in order that such amount may be paid over
to the legal representatives of the deceased.
Art. 10. A store room on board of each vessel to be in
the possession of the marine officer, is to be appropriated exclu¬
sively for the spare clothing, accoutrements, and all other neces¬
saries for the use of the marines.
Art. 11. Marines, sick or .wounded arc to be taken the
«ame care of by the surgeon of the vessel, that the seamen are;
and when it shall be necessary to send them out of the vessel
for cure, they are to be sent on shore to the hospital or sick
quarters, and are to be in all respects under the same regula¬
tions that are established for the seamen; sick tickets are to be
sent with them, similar to those to be sent with seamen. The
captain of the vessel and the commanding marine officer on board,
are to see that their bedding, clothes, and necessaries are sent
along with them, the particulars of which are to be noted at the
foot of the sick tickets. The commanding marine officer will
see that each man's things be securely bound together and la¬
belled. The proper officer at the hospital, or sick quarters, and
the marine officer attending hospital duly (when there shall be
any,) are to take care that the same be safely deposited and pre¬
served, till the marines are either discharged, runaway, or die:
if discharged they are to be delivered to their respective own¬
ers, and in the cases of desertion or death, they are to be dis¬
posed of as provided in the case of dead men's clothes on board
of vessels.
Art. 12. Marines sent sick on shore, are t$ be contini*ed
upon the books of the vessel from which they shall be sent, un¬
less the proportion of marines allowed the vessel be completed
during their sickness; and in the latter case they are, when re¬
covered, to be turned over to some other vessel wanting marines,
or to be sent to the nearest marine station. So soon as the
number allowed the"vessel be completed, all marines sent sick
on shore are to be discharged" from the ship's books, as the vessel
must never be charged with more than the complement of ma¬
rines allowed her.
Art. 13. When a marine is returned on ship board from
a hospital or sick quarters, the captain of the vessel is to take
care that there be charged against his name the value of any
clothing he may have been supplied with at the hospital, which
125
^"ospital surgeon is to set off upon the ticket of discharge
froHi "the hospital.
Art. 14. The rations issued to the marines must be
charged by the purser to the subsistence of marine corps, in
order that the subsistence of the navy may have credit therefor
in the settlement of his account.
Art. 15. Marines are to be paid by the purser of the ves¬
sel while they are on board, and charged the same as the vessels
crew. Pay rolls signed by the purser, and countersigned by the
marine officer, are to be regularly transmitted to the auditor of
the treasury.
NAVY AGENTS.
Art. 1. The navy agent being the person appointed to
purchase supplies for the service of the navy, pay bills, and sell
off all surplus or useless stores, is required to observe and abide
by the following regulations, stipulations, and instructions, as
well as such instructions of other officers detailed in this volume,
as have a bearing upon the duties assigned to him; and he is not
to expect that any irregularity or omission in the filling up of the
several forms referred to herein, for the keeping of his accounts,
will pa:s unnoticed.
Art. 2. All supplies for vessels repairing at the navy yard,
or in ordinary, are to be furnished by the agents on the requisi¬
tion o^'mSc- commander.
Art, 3. Stores, provisions, and supplies of every descrip¬
tion, purchased by an agent for the naval service of Texas, are
to be obtained at the lowest rates, and of the best quality; and
upon the presentment of Ir's accounts at the treasury department,
he must produce such account attested by the signature of the
commanding officer, in proof of accuracy. He must also pro¬
duce, at the same time, the different requisitions which were
made upon him for supplies, signed and countersigned, in proof
of his authority for purchases: and lastly, he must exhibit the
receipts of the respective officers to whom the supplies were de¬
livered. Without each and every of these documents, his ac¬
counts shall not be settled, nor shall he receive a credit for any
acpbunH'npt Vouched as above required.
1 '"'All articles sent on board "public vessels, by an
agettt,,'4'fe to be delivered to the commanding officer, or such
person as he may authorize to receive them, otherwise their de¬
livery shall be at the risk of the agent.
Art. 5. Provisions and stores, purchased by an agent, are
o be surveyed when received on board; and if it appears by^wt -
report of the surveying officer, that they are unfit for the service,
they are to be re urned to the agent, and, on settlement, the
captain is to refuse to admit them in the account against the
vessel, and to transmit to the secretary of the navy a duplicate
of the report of survey, accompanied by such remarks as the case
may make necessary.
Art. 6. Every cask and package of provisions or supplies,
, bread excepted,) wet or dry, must be numbered, and have the
contents thereof distinctly marked on it, as to quantity and kind,
as well as the time when, place where, and by whom purchased
or furnished. The casks are to be marked on the head, and the
packages on some proper and conspicuous part of them.
Art. 7. Every navy agent must forward his accounts with
the necessary vouchers for settlement, to the auditor of the trea¬
sury, quarterly, to wit: On the first days of January, April, July,
and October; in which must be distinctly stated the moneys ex¬
pended, and articles furnished for each vessel, and for other pur¬
poses. He will also be required to exhibit an account of the
articles purchased and remaining in his possession, of those de¬
livered over for sale; a statement of the sales of old or unser
viccabie articles, and a particular account of the moneys unex¬
pended, and remaining in his hands.
Art. 8. No moneys are to be paid over by an agent, nor
purchases, or sales made, nor any expenses incurred, except with
the knowledge and sanction of the commanding officer of the
squadron, or under particular instructions from the secretary of
the navy.
Art. 9. Every agent who shall, for two successive quar¬
ters,-neglect to send in his accounts for settlement, as required,
unless specially exempted by the secretary of the navy, shall,
from thenceforward, not be allowed any of the emoluments ap¬
pertaining to the office he holds: and if he neglects for three
successive quarters to send them in, his powers as agent shall
'"otally cease, and his commission be null and void.
Art. 10. Agents shall not be concerned directly or indi
rcctly in any supplies which it may be their dufyj^> ^nish the
navy; and if it shall be found that they have participation the"
profits of any such supplies, they shall be dismissed from Jheh,
offices, and will be prosecuted to the amount of their bonds.'
Art. 11. Navy agents shall not advance money to pursers
'it other officers of a vessel, when destined on service, unless by
127
and with the previous sanction of the secretary of the navy, by
whom the amount shall be limited.
Art. 12. Navy agents shall transmit quarterly to the sec¬
retary of the navy, viz: On the first days of January, April,,
July, and October, of each year, a statement of all purchases
turned into stores, accompanied by the store keeper's receipt for
the same.
CAPTIVES AND PRIZE MONEY.
Art. 1. And be it further enacted, That all pay and emolu¬
ments of such officers and men of any of the vessels of the repub¬
lic of Texas taken by an enemy, who shall appear, by the sen¬
tence of a court martial, or otherwise, to have done their utmost
to preserve and defend their vessel, and after the taking thereof,
have behaved themselves obediently to their superiors, agreeably
to the discipline of the navy, shall go on and be paid there, until
their death, their exchange, or discharge.
Art. 2. And be it further enacted, That the proceeds of
all the vessels, and the goods taken on board of them, which shall
be adjudged good prize, shall, when of equal or superior foree to
the vessel making the capture, be the sole property,of the cap¬
tors; and when of inferior foree, shall be divided equally between
the government of Texas, and thp officers and men making the
capture.
Art. 3. And be it enacted, That the prize money belonging
to the officers and men shall be distributed in the following
manner:
1st. To the commanding officers of a squadron, or a single
vessel, three twentieths, of which the commanding officer of the
squadron shall have one twentieth, if the prize be taken by a
vessel under his command: and the commander of a single vessel
two twentieths; but when a prize is taken by a vessel aoting
1 independently of such superior officer, the tihree twentieths shall
belong to the commander.
2d. To sea lieutenants, captains of marine?, and saiiing
masters, two twentieths; but when there is a captain, without a
lieutenant of marines, these officers shall be entitled to two
twentieths and one third of a twentieth, which third, in such
cases shall be deducted from the share ef the officers mentioned
in article number 3 of this section.
3d. To chaplains, lieutenants of marines, surgeons, pursejs,
boatswains, gunners, carpenters, and masters' mates, two twen¬
tieths.
12*
128
4th. To midshipmen, surgeon's mates, captain's clefk,
schoolmaster, boatswain's mates, gunner's mates, carpenter's
mates, ship's stewards, sail makers, master-at-arms, armorers,
cockswains and coopers, three twentieths and a half.
-5th. To gunner's yeoman, boatswain's yeoman, quarter¬
masters, quarter gunners, sail maker's mates, sergeants and cor¬
porals of marines, drummers, fifers, and eitra petty officers, two
twentieths and a half.
6th. To seamen, ordinary seamen, marines, and all other
persons doing duty on board, seven twentieths.
7th. Whenever one or more public vessels are in sight, at
the time any one or more vessels are taking a prize or prizes,
they Shall all share equally in the prize or prizes, according to
the number of men and guns on board each vessel in sight.
„ IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tern. ef the senate.
* Approved, Dec. 15, 1836.
SAM. HOUSTON.
AN ACT,
, To incorporate the Texas Rail Road, Navigation, aYid Banking
Company.
Sec. 1. Be it enacted by the senate and house of represents
tives of the republic of Texas, in congress assembled, That Messrs.
Branch T. Archer, James Collinsworth, and their present and
future associates, successors, and assigns, be, and they are hereby
ordained, constituted, and declared to be, from.and immediately
after the passage of this act, a body corporate and politic, in fact
and in name, by The style and title of the " Texa»-rail-road,
navigation, and banking company;" and by that name, they
and their successors, shall and may have continual succession,
and ^hall be persons in law, capable of suing and being sued,
'pleading and being impleaded, answering and being answered
ditto, defending and being defended, in all courts and places
whatsoever; and that they and their successors may have a
common seal, and may change and alter the game at pleasure;
and also, that they and their successors, by the same name and
style, shall be in law capable of holding, purchasing, and con¬
veying any estate, real, personal, oi mho.d, for the "Use of th«
m
Said corporation, and doing and performing all things which are-
necessary and common for companies of a similar nature to do,
not contrary to the provisions of this charter, as hereinafter en¬
acted, or to the constitution of this republic.
Sec. 2. • Be it further enacted, That the said company shall
have banking privileges, with a capital stock of five millions of
dollars, as well as the right of connecting the waters of the Rio
Grande and the Sabine, by means of internal navigation and
rail-roads, from and to such particular points of connection as
may be agreed upon and selected by said company, with a privi¬
lege also of constructing such branches, either by canals or rail¬
roads, to connect with the main line above named, as may be
agreed upon and determined by said company.
Sec. 3. Be it further enacted, That the capital stock of said
company, shall be five millions of dollars, and be divided into
i&fty thousand shares, of one hundred dollars each; and that
Messrs. Branch T. Archer, James Collinsworth, and their pre¬
sent .associates, be, and are hereby appointed directors of said
compa.ny; and whose duty it shall be to do and perform all the
business .incumbent upon them as such, necessary to the success¬
ful operation of said bank, and the completion ©f said works;
and the same shall continue in office until their successors shall
be duly elected and qualified.
Sec. 4. Be it further enacted, That the aforesaid directors,
their successors or assigns, shall have full power to borrow money
upon the faith of this charter, and also to pledge such property,
real or personal, of their own, for the payment of the same, as
in their wisdom may best conduce to the interest of said corpo¬
ration; and also to do and perform, as directors of said bank,
every thing necessary and proper in carrying it into complete
operation; which said bank shall not go into operation until ij.
lias a specie capital of one million of dollars paid in: and it shall
not be lawful for said bank to charge more, upon any paper,
bond, or note by it discounted* than ten per cent, per annum;
but shall have the privilege of buying and selling bills of ex¬
change, at such rates as the market may afford for the time be-
?ng; andi:hat tha said directors shall have full power to enact
such by-laws, rules, and regulations, for the government of said
bank, and the works therewith connected, as they may d^em
necessary for the use and protection of the same, and for the
election of directors and all other matters.
Se". f Be it further enacted, That upon the going into
operat*'. : f: . t - said company shall pay ov&r to the tre'a-
130
rarer of Texas a bonus, in gold or silver, as shall be required, the
sum of twenty-five thousand dollars, and also two and one-half
per cent, per annum, upon the nett profits arising from the tolls,
fees, and charges, of such canals and rail-roads as may be coh-
structed, so long as such charter shall continue; and also the
said government or republic of Texas, shall have a free privilege
of transporting all soldiers, provisions, ammunitions, and muni¬
tions of war, and also all transports and ships of war, free of tolls
or other charges.
Sec. 6. Be it further enacted, That said charter shall con¬
tinue in full force and virtue, for and during the period of forty-
nine years from the passage of this act, at the end of which time
the said company shall have the privilege of renewing the same
for a like period, by paying to the government five hundred
thousand dollars in gold or silver, and by further paying there¬
after of five per cent, per annum, upon tha nett profits arising
upon all tolls, fees, and charges of said works.
Sec. 7. Be it further enacted, That so soon as said bank
shall go into operation, it shall be the duty of said company to
commence said improvements, and complete the same as soon
thereafter as the means of said company will permit.
Sec. 8. Be it further enacted, That if, at any time from
and after the passage of this act, in the opinion of the company,
the commercial wants of the country, and the welfare of the
company shall require it, said capital stock may be increased to
the sum of ten millions of dollars, by paying over to the govern¬
ment or state of Texas, at that time, a further bonus of one hun¬
dred thousand dollars: provided, in no instance shall said com¬
pany discount more than three dollars to one upon the capital
paid in: and provided furthermore, that upon failure of said bauk
to redeem promptly its issues in gold or silver, upon presentation,
such of its bills as should be protested for non-payment according
to law, shall, from the date of such protest, bear an interest of
ten per cent, per annum, until paid, and for the payment of
which, all the chartered property of said company shall bo held
responsible.
Sec. 9. Be it further macted, That any person or person*
who may own lands through which said company shall wish to
run said rail-roads or canals, and shall refuse to allow the same,
said company may, by applying to the county court of the county
in which said land may be situated, for a writ of ad quod dammtrq,
directing the sheriff of said county to summon a jury of six fre£-
bokWrs, who shall assess the damage which said road or canal
131
hiay cause, and award the same to*the owner or owners of said
lands, and upon the payment, by the company, either to the
sheriff of said county, or to the party so refusing, such award,
together with the sum of two dollars per day for each of the
jurymen, for each and every day so employed, and ten dollars to
the sheriff, shall thereby have a good and bona fide title to such
land, stone, timber, or other building materials, as shall be
awarded; and should the said company wish to occupy any por¬
tion of the public lands, by their improvements, they shall have
the right to take possessi®n of, and pay to the government the
minimum price of such lands, provided however, that said com¬
pany shall not be permitted to occupy more than one half mile
of such public land from their works, on either side.
Sec. 10. Be it further enacted, That if any person or per¬
sons whatsoever, shall wilfully, by any means whatever, injure,
molest, or destroy any part of the roads or canals constructed by
said company under this act, or any of their works, buildings,
fixtures, or machines, or other property, such person or persons
so offending shall, each of them, be liable for all damages occa¬
sioned thereby; and at any time within twelve months after
such offence shall have been committed, and upon conviction,
be punished by a fine not exceeding ten thousand dollars, or im¬
prisonment not exceeding twelve months, or both, at the discre¬
tion of the court.
Sec. 11. Be it further enacted, That the said company
shall have the power to locate the bank at such place as they
may think proper, and to establish as many branches thereof as
they may think the necessities of the community require.
Sec. 12. Be it further enacted, That the executive shall
annually appoint a government commissioner, whose business it
shall be to examine into the circumstances of said corporation,
and report thereon, whether the government bonus has been
properly made out and paid over to the proper officer of the
government, to receive the same. The pay of said commissioner,
to be hereafter determined by some future congress, to be paid
by said institution.
Sec. 13. Be it further enacted, That in the event the first
named bomis of twenty-five thousand dollars, shall not be paid
within eighteen months from and after the passage of this act,
j he said charter shall be forfeited, and forever thereafter be null
and void.
Sec. 14. And be it further enacted. That said company shall
not issue any note for a smaller sum than five dollars, neither
m
shall they establish more than two branches without the consent
of some future congress, and they shall pay one per cent, upon
the dividends of said Bank for the use of the republic.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tern, of the senate..
Approved, Dec. 16, 1836.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of John Ricord.
Resolved, by the senate and house of representatives of the repub¬
lic of Texas, in congress assembled, That the secretary of the
treasury be, and he is hereby authorized and required to pay
John Ricord, out of any moneys in the treasury not otherwise
appropriated, at the rate of fifteen hundred dollars per annum
for the time he acted as private secretary to the president " ad
interim," and also for the time he has acted as such to the pre¬
sent incumbent.
IRA INGRAM,
Sneaker of the house of representatives.
A RICHARD ELLIS,
President pro tern, of the senate.
Approved, Dec. 17, 1836.
SAM. HOUSTON.
JOINT RESOLUTION,
For the relief oj Thomas J. Green.
Be it resolved, by the senate and house of representatives of the
republic of Texas in congress assembled, That the president be,
and he is hereby authorized to pay to Thomas J. Green or order,
out of the first means in the treasury, or any agency of Texas, the
sum of twenty-four thousand one hundred and fifty-four dollars
and four cents, say $24,154 04, together with the damages and
cost of protest for and on account of this government: provided,
133
he, the said Thomas J. Green, shall file with the executive the
account of the same, reported to this congress receipted in full.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELL1. >
President pro tem. of the senate.
Approved, Dec. 17, 1836.
SAM. HOUSTON.
JOINT RESOLUTION,
Requiring the jOhief Justices of the. County Courts to give informa¬
tion to the Secretary of State, concerning the boundaries of their
respective counties.
Resolved by the senate and house of representatives of the repub¬
lic of Texas in congress assembled, That the chief justices of the
several county courts of this republic be, and they are hereby
required to furnish the secretary of state with a description of
their county boundaries, and such other information and observa¬
tions relative to the same, as they may conceive conducive to
the convenience of their citizens, and said inform.dion is required
to be furnished by the first day of May next.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS.
President pro tem. of the senate.
Approved, Dec. 17, 1836.
SAM. HOUSTON.
AN ACT,
To define the Boundaries of the- Republic of Texas.
Sec. 1. jBe it enacted by the senate and house of representa¬
tives of the republic of Texas, in congress assembled, That from
and after the passage of this act, the civil and political jurisdic¬
tion of this republic be, and is hereby declared :u extend to the
following boundaries, to wit: beginning at the mouth of the Sa¬
bine river, and running west along the Gulf c Mexico three
leagues from land, to the mouth of the Rio Grande, thence up
the principal stream of said riverto its source, tiusce due north
to the forty-second degree of north latitude, thence along the
134
boundary line as defined in the treaty between the United States
and Spain, to the beginning: and that the president be, and is
hereby authorized and required to open a negotiation with the
government of the United States of America, so soon as in his
opinion the public interest requires it, to ascertain and define
the boundary line as agreed upon in said treaty.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President of the senate pro tem.
Approved, Dec. 19, 1836.
SAM. HOUSTON.
AN ACT,
Authorizing the Printing and Publishing the-Laws of the Provi¬
sional Government, the Acts of the Convention of March last,
and the present Congress.
Seg. 1. Be it enacted by the senate and house of representa¬
tives of the republic of Texas in congress assembled, That the
president be, and he is hereby authorized and required to cause
to be printed in pamphlet form, as soon as practicable, two thou¬
sand five hundred copies of the laws and resolutions of the pro¬
visional government, together with the constitution, ordinances
and resolutions of the convention of March last, and the acts,
and two hundred and fifty copies of the journals of the present
congress: and that he furnish each judge, justice of the peace,
sheriff, clerks of the different courts, and members of congress,
with a copy as soon as practicable.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
-President pro tem. of the senate.
Approved, Dec. 19, 1836.
SAM. HOUSTON.
JOINT RESOLUTION,
Making specific Appropriations.
Sec. 1. Resolved, by the senate and house of representatives
of the republic of Texas, in congress assembled, That the proceeds
135
of the land scrip, and the sale of a league and labor of land on-
the east end of Galveston Island, which have or may come into
the hands of our agent, David White of Mobile, be, and are
hereby exclusively appropriated for the purpose of furnishing
our army with supplies of clothing, provisions, and munitions of
war: provided that the appropriations made by this resolution
shall not be so construed as to affect any previous appropriations
made by this congress out of said funds.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tern. of the Senate*.
Approved, Dec. 19, 1836..
SAM. HOUSTON.
AN ACT,
Establishing Fees of Office.
Sec. 1. Be it enacted by the senate and house of representa-
tives of the republic of Texas in congress aesembled., That it shall
be lawful for the clerks of the supreme court, clerks of the dis¬
trict courts, clerks ©f the county courts, clerks of the courts of
probate, county recorders, judges of probate, justices of the
peace, attorneys and counsellors at law, attorney general, nota¬
ries public, sheriffs, coroners, constables, and chief justices of the
county courts respectively, to demand and, receive the several
fees hereinafter mentioned, for any business by them respectively
done by virtue of their several offices, and no more; that is to
say:—
to the clerks of the supreme cou"rt,
E©r entering the appearance of either party in person or
by attorney, fifty cents; for every rule entered on rule docket,
fifty cents; for copy of every rule, seventy-five cents; for enter¬
ing every continuance, one dollar; for administering an oath or
affirmation, twenty-five cents; for docketing cause, to be charged
but pncc, seventy-five cents; for entering every judgment, two
dollars; for entering every decree, two dollars; for filing the
record upon a writ of error, certiorari, or supersedeas, seventy-
five cents; for taxing costs in any suit or action and copy thereof,
one dollar; for every.order in court, seventy-five cents; for a
search for any thing above a year's standing and reading if re-
13
136
quired, fifty cents; for all copies required to be made, for every
hundred words, twenty-five cents; for every service not herein
mentioned, the same fees allowed the clerks of the district court
for similar services; and there shall be allowed by the supreme
court to their clerk, reasonable office rent, stationary, and tables,
to be paid out of the treasury of the republic, on the order of the
court.
TO THE CLERKS OF THE DISTRICT COURTS,
For each writ, with copy of petition, two dollars; for dock¬
eting each cause, to be charged but once, twenty-five cents; for
filing each bond, declaration, plea, or other pleading or paper,
twelve and a half cents; for entering each appearance, twenty-
five cents; for entering each motion, rule, or order, thirty-seven
and a half cents; for declaration in ejectment, three dollars; for
entering each non-suit, discontinuance, or nolle prosequi, seventy-
five cents; for order and copy of rule of reference, one dollar;
for swearing each witness, twelve and a half cents; for entering
each continuance, thirty-seven and a half cents; for venire facias,
in every cause tried by jury, fifty-cents; for scire facias, (except
against jurors when excused,) two dollars; for swearing and em-
pannelling every jury, fifty cents; for receiving and entering ver¬
dict, fifty cents: for entering each judgment, seventy-five cents;
for each subpoena, for one witness, fifty cents; for every addi¬
tional name inserted, twenty-five cents; for entering surrender
of principal by his bail, fifty cents; for commission to take depo¬
sitions, one dollar; for copy of interrogatories to accompany said
commission, for every hundred words, twenty cents; for taking
a recognizance, seventy-five cents; for each execution, one dol¬
lar; for taxing costs in each cause and copy of same, seventy-
five cents; for making a complete record of any cause after final
judgment, for every hundred words, twenty-five cents; for each
bail, price seventy-five cents; for each certificate without seal,
twenty-five cents; for each certificate with seal of office, fifty
cents; for entering finding of indictment or filing information,
fifty cents; for arraigning prisoner and entering plea, one dollar
and fifty cents; for all copies, other than herein mentioned, for
every hundred words, twenty cents; for all services not herein
provided for, such sum as the court shall direct; and there shall
be allowed reasonable office rents, stationary, cases and tables,
by the court, to be paid on the order of the court, out of the
county treasury.
m
TO THE CLERKS OF THE COUNTY COURTS,
For like services by them performed, the same fees as are
by law allowed to the clerks of the district courts.
TO THE CLERKS OF THE PROBATE COURTS,
For recording the probate of any will or testament, and for
letters testamentary thereon, two dollars; for recording a will,
testament, codicil, an inventory, appraisement for executors', ad¬
ministrators', collectors', or guardians' accounts, or any other
papers than herein otherwise provided for, for every hundred
words, twenty cents; for taking bond and administering oath to
executory administrators, collectors, or guardians, and recording
the same, two dollars; for letters of administration, collection, or
guardianship, and copy of order granting the same, two dollars;
for all orders and copies not herein otherwise provided for, for
every hundred words, twenty cents.
TO THE COUNTY RECORDERS.
For the oath of a witness or the acknowledgement of the
party to the signature of any writing, and making certificate of
the same, fifty cents; for all recording, and all copies from hrs
office, for every hundred words, twen'y cents.
TO JUDGES OF PROBATE,
For taking the probate of any will or testament, two dol¬
lars; for examining, stating, and reporting each account of exe¬
cutors, administrators, collectors, or guardians, one-half per cent,
commission on the amount of such account; for appointing an
administrator, collector, or goardian and appraiser, two dollars;
for each order for the partition of real estate among heirs or
devisees, one dollar; for each order for the appointment of com¬
missioners on the representation of an estate being insolvent, one
dollar; for apportionment of an insolvent's estate among credit¬
ors, five dollars.
TO JUSTICE^ OF THE PEACE,
For each warrant in civil cases, with copy of petition, one
dollar; for each warrant in criminal cases, one dollar; for each
judgment, seventy-five cents; for each mittimus or recognizance,
seventy-five cents; for each subpoena for witnesses, twenty-five
cents; for each execution, one dollar; for each attachment, in¬
cluding bond and affidavit, two dollars; for each appeal, with
138
the proceedings, bond, and certificate, two dollars; for each oath
or affidavit, twelve and a half cents; for each certificate, twenty-
five cents; for taxing costs on any execution, twenty-five cents;
for each transcript of his record, for every hundred words, twenty
cents; for all writing required of him by virtue of his office, not
herein otherwise provided for, for every hundred words, twenty
cents.
TO ATTORNEYS AND COUNSELLORS AT LAW,
For prosecuting or defending a suit in supreme court, twenty-
five dollars; for like services in a district court, ten dollars;
for like services in a county court, five dollars; for prosecuting
or defending a real or mixed action, in supreme or district courts,
thirty dollars; for each appeal from the decision of a justice of
the peace to the county court, five dollars.
TO THE ATTORNEY GENERAL OR DISTRICT ATTORNEYS,
(For (he use of the republic of Texas,) for every criminal
prosecution by indictment, in cases of felony, where the offender
is convicted, fifty dollars; for every prosecution for misdemeanors,
where the offender is convicted, ten dollars; for every action by
original writ in behalf of the republic, for the recovery of a. pe¬
cuniary penalty, where the defendant is convicted, ten dollars.
TO NOTARIES PUBLIC,
For protesting any bill, registering and seal, two dollars;
for attesting.letters of attorney and seal, one dollar; for notarial
affidavit to an account or other writing and seal, fifty cents; for
registering a foreign bill, protested with certificates, two dollars;
for registering a protest of a bill of exchange or note for non¬
payment or non-acccptance, one dollar; for each oath or affir¬
mation,'with seal, fifty cents; for all other notarial acts not
otherwise provided for, with seal, one dollar.
TO SHERIFFS,
For levying an attachment on the estate of an absent or
absconding debtor, two dollars; for serving each writ not herein
otherwise provided for, two dollars; for levying execution, two
dollars; for making money on execution, for the first hundred
dollars, five per cent.; for all sums over one hundred and not ex¬
ceeding two hundred dollars, four per cent.; and for all sums
above two hundred dollars, two and a half per cent.; for return¬
ing execution, seventy-five cents; for serving defendant with copy
of writ, fifty cents; for each bail, bond, or recognizance, and as-
signntent thereof, one dollar; for summoning each witness, fifty
139
Cents; for executing a writ of possession and return, two dollars;
for making a deed to purchasers of real estate, three dollars; for
attending prisoner on habeas corpus, each day, three dollars; for
each commitment or release, one dollar; for serving a declara¬
tion in ejectment, and copy thereof, two dollars; for taking a
bond of any kind, fifty cents; for executing a death warrant,
twenty-five dollars; for removing a prisoner, for every mile,
going and returning, twelve and a half cents; for every day's at¬
tendance with such prisoner on the judge, in vacation, three dol¬
lars; for empannelling a jury, in each cause, where a jury is
sworn, fifty cents; for whipping a free person by order of court,
two dollars; for whipping a slave by order of court, one dollar;
for branding by order of court, three dollars; for serving scire
facias on each defendant, seventy-five cents; for serving an at¬
tachment for contempt, and returning same, one dollar and
twenty-five cents; for executing venire facias, to be taxed in
each cause tried, fifty cents; for summoning a special jury, three
dollars; for serving every person with a summons, not herein
provided for, fifty cents; where property attached is sold, the
same commissions as for selling under execution; for empannel¬
ling grand juries, advertising and attending elections, serving all
public orders of all courts in the county, and for all other public
services not otherwise particularly provided for, a sum not ex¬
ceeding fifty dollars, to be allowed by the district court, and paid
out of the county treasury.
TO CORONERS,
For taking an inquisition on a dead body, ten dollars; for
all services done by them, the same fees as are allowed to sheriffs
for similar services.
TO CONSTABLES,
For serving each warrant or summons, one dollar; for sum¬
moning each witness, fifty cents; for executing a mittimus in
criminal cases, one dollar; for serving an attachment, one dollar
and fifty cents; for taking bonds, when necessary, seventy-five
cents; for levying execution, one dollar; for making money on
execution, for all sums not exceeding twenty dollars, one dollar;
for all sums over twenty and not exceeding one hundred dollars,
five per cent.; for summoning coroner's inquest, to be paid by
the county, three dollars; for conveying a criminal to jail, for
every mile going and returning, twelve and a half cents; for
each day's attendance on courts, when summoned by the sheriff,
to be paid out of the county treasury, two dollars.
13*
140
to the chief justice of the county courts,
For each suit commenced in said court, one dollar, to be
taxed in the bill of costs, and paid by the party cast.
Sec. 2d. The fees herein before mentioned shall be taxed
and allowed in the bill of costs, in all suits or actions, where the
services, respectively, shall have been rendered; but not more
than one copy of any matter shall be allowed in the bill of costs,
neither Shall the clerk tax moxe than one attorney's fee in the
bill of costs; and if any party, or their attorney, shall take out
copies of their own declardtions or pleadings, or of their own
papers, in any cause, or of any common order made in such
cause, the charge of such copies shall not be allowed in the bill
of costs.
Sec. 3d. Every clerk and sheriff shall keep a fee book,
and shall enter therein every fee for each and every distinct ser¬
vice; and said fee book shall be at all times open for the inspec¬
tion of any person wishing to see the account of fees charged
against him therein; none of the fees herein before mentioned
shall be payable until there be produced, or ready to be pro¬
duced, a bill in writing, containing the particulars of such fees,
signed by the proper officer.
Sec. 4th. It shall be lawful for the clerks of the several
courts of this republic, when suits or causes are determined, and
the fees not paid by the party from whom they are due, to make
out executions, directed to the sheriff or other proper officer of
the comity, where the party resides, and the sheriff or other pro¬
per officer shall execute and return such executions as in other
cases, provided that a copy of the bill of costs is annexed to such
executions.
Sec. 5th. The clerks of each and every district shall, be¬
fore issuing any original process to bring any person to any suit
or action, demand and receive of the plaintiff in such suit or ac¬
tion, a tax of three dollars on all such process; and the clerks of
the county courts shall, in like manner, demand and receive one
dollar, on all such process issuing out of any "county court; which
tax, so collected, shall be paid into the county treasury of the
proper county. Any clerk who shall fail or neglect to demand
and receive the tax aforesaid, shall be held responsible for said
tax, in .the same manner as if he had actually received the same;
and in every case wherein the plaintiff shall recover, the said
tax shall be included in the bill'of costs; and any officer herein
named, who shall charge and receive a greater fee than is herein
141,
allowed, shall, upon conviction thereof, before any court of this
republic, forfeit and pay a fine of one hundred dollars, and be
deprived of his office.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tern. of the senate.
Approved, Dec. 19,1836.
SAM. HOUSTON.
AN ACT,
Organizing Justices' Courts, and defining the powers and jurisdic¬
tion of the same, and also creating and defining the office and
powers of commissioners of roads and revenue.
Sec. 1. Be it enacted by the senate and house of representatives
of the republic of Texas, in congress assembled., That there shall be
elected, by the qualified electors of each militia captain's district,
two justices of the peace for their respective districts, who shall
be commissioned by the president, and shall hold their offices for
a period of two years, and shall take the oath prescribed by law
for all officers of this republic. It shall be lawful for the said
justices so elected, after taking the oath of office, to enter imme¬
diately upon the discharge of their duties; and their acts shall
be as valid in law, before they receive commissions from the
president, as afterwards.
Sec. 2. In all cases where any person has been elected
justice of the peace, and neglects to qualify himself within twenty
days, after notice of such election, the election shall be deemed
void, and the chief justice of the county court shall order a new
election.
Sec. 3. Any justice of the peace" who shall be guilty of
any malconduct or misdemeanor in office, may be prosecuted by
presentment of a grand jury, in the district court of the proper
county, and on conviction thereof shall vacate his office, and be
thereafter rendered incapable of holding the office of justice of
the peace in this republic.
Sec. 4. The justices of the peace shall be conservators of
the peace within their respective counties, and shall have power
to take all manner of recognizance, with or without security, for
good behaviour to keep the peace, or for appearance at the pro¬
per oourt, to answer charges exhibited,,or crimes committed in
142
the view of such justices; and in case any person shall refuse to
enter into recognizance as aforesaid, and to find security when
required, it shall be lawful for justices of the peace to commit
the person so refusing to the county jail, there to remain until
he shall comply with the order of such justice; and all recogni¬
zance so taken, shall be certified to the proper court for the
county, at the next term thereafter; and if any person shall for¬
feit his recognizance, it shall be sent and certified with the record
of default or cause of forfeiture, by the justice, to the proper
court without delay.
Sec. 5. Any justice of the peace shall, by warrant under
his hand, cause any person charged on oath of having committed
or being suspected of any crime or misdemeanor, to be appre¬
hended and brought before him; and if, in the opinion of such
justice, there is sufficient cause to commit such person to the
"county jail, where such offence is not bailable, or where the
offender is unable or unwilling to give bail, to appear before the
proper court* to answer to the crime charged.
Sec. 6. Any justice of the peace shall issue a search war¬
rant for stolen goods, on the oath of any credible person, par¬
ticularly describing the place or persons suspected and intended
to be searched, and the article for which search is made.
Sec. 7. When any person charged with a crime shall be
brought before any justice, he shall take the voluntary informa¬
tion of the accused in writing, and the information on oath of all
witnesses that appear, concerning the crime alleged to have been
committed; and the accused shall have the privilege of putting
any questions he thinks proper, which questions and answers
shall be written down. It shall be the duty of the justice to
transmit a copy of all such examinations to the next succeeding
term of the proper court.
Sec. 8. If any person, charged with a criminal offence,
shall remove or escape from the county where such offence is
alleged to have been committed, into another county, it shall be
the duty of any justice of the peace for the county where such
person may be, to endorse the warrant of any justice of the
peace where the offence was committed, which shall be sufficient
authority for arresting such offender, in any place within the
jurisdiction of such justice; and such criminal shall be carried to
the county where the offence was committed, for examination.
Subpoenas for witnesses may issue to any county, on the part of
the republic, where it is necessary for bringing an offender to
justice, which shall be executed by any officer authorized to exe-
cute process in the county where such witness resides; and any
justice of the peace of the county to which any offender may
have removed or escaped, shall, on the oath of any credible pera
son, arrest and have conveyed to the proper county for examina¬
tion, any person charged with crime.
Sec. 9. Justices of the peace shall have jurisdiction for all
suits and actions for the recovery of money on any account, bond,
bill, promissory note, or other written contract, covenant, or
agreement whatsoever, or for specific articles, where the sum
demanded does not exceed one hundred dollars.
Sec. 10. All suits and actions before a justice of the peace,
shall be commenced and executed and returned in the same
manner, and under the same penalties, as provided by the ninth
section of the " act establishing the jurisdiction and powers of
the district court," so far as is consistent with this act.
Sec. 11. All proeess from a justice of the peace, in civil
suits, shall be under the hand and seal of such justice, directed
to the officer whose duty it shall be to execute the same, shall
be returnable at a certain time and place therein named, not
less than ten, nor more than thirty days from the time of issuing
the same; and on return thereof, the justice shall proceed to
hear and determine the case on its merits, if the parties appear;
give judgment by default, if the defendant fail to appear and
contest the plaintiff's demand, or enter judgment of "non suit"
against the plaintiff if he fail to appear and prosecute his claim,
and shall issue execution against the goods and chattels of the
party against whom judgment is so entered, for the amount of
judgment and cost, or costs alone, as the case may require, re¬
turnable at the time and place to be therein stated, not less than
fifteen nor more than thirty days. Any justice may, for good
cause shown, on oath or affirmation, adjourn the trial of any
cause to a time not exceeding ten days.
Sec. 12. No person shall be sued before any justice of the
peace, except within the district where he resides, or the district
where the debt was contracted, if in the same county.
Sec. 13. On the trial of any cause before a justice of the
peace, if other satisfactory evidence cannot be had concerning
the matter in controversy, the justices shall proceed to examine
the parties or either of them, on oath, and give such judgment
as may appear to be just and equitable.
Sec. 14. Every justice of the peace shall make a fair
record, in a book that he shall keep for that purpose, of the pro¬
ceedings in all suits and examinations had before him,
144
&ECi 15. Any justice of the peace, before whom any case
is pending, shall issUe subpoenas fbt all witnesses required by
either party residing within the county; and in case any witness
required resides without the county, may, provided reasonable
and sufficient notice has been given to the adverse party, of the
time and place of taking the depositions of silch witness, issue a
commission to some justice of the county in which such witness
resides, to take his or her deposition; which deposition, so taken
and returned, shall be read in evidence; and the provisions re¬
specting witnesses of the " act establishing the jurisdiction and
powers of the district courts," shall apply in all cases before a jus¬
tice of the peace, so far as they are not inconsistent with-this act.
Sec. 16. Any justice of the peace may grant a stay of
execution issued by himself, for all sums under twenty dollars,
twenty days; and over twenty dollars and under fifty dollars,
forty days; all sums over fifty dollars, sixty days; provided the
defendant shall enter into bond, with security, to be approved
by the justice, in the penalty of double the amount of the judg¬
ment, including interest and costs, conditioned for the payment
of the same; and in case the money is not paid at the end of
such stay, execution shall issue against the principal and security,
for the judgment, with interest and all costs. All judgments
rendered by any justice of the peace, shall bear legal interest
until paid.
Sec. 17. Any party may appeal from the decision of any
justice, to the next term of the county court for the county,
where the sum in controversy shall exceed twenty dollars; and
the case shall be tried de novo, on giving bond with security, to
be approved by the justice, payable to the adverse party, con¬
ditioned for the prosecution of such appeal to effect; and the
payment of such judgment, with the interest, and all costs and
damages, in case the same shall be affirmed; and if the defendant
be the party who appeals, and judgment be rendered for the
plaintiff in the original suit, ten per cent, damages upon the
amount shall be included in such judgment. If the judgment of
the county court be for the defendant in the original suit, he
shall recover full costs.
Sec. 18. Every justice of the peace, from whose decision
an appeal is taken, shall, on or before the next term of the
county court, file with the clerk thereof, a certified copy of all
the proceedings in such case.
Sec, 19. In cases of emergency, justices of the peace may
UB
depute any reputable persoii to execute any process issued by
them. • -
Sec; 20. All fines and penalties assessed by virtue of this
act, shall be paid into the county treasury of the proper county.
Sec.- 2L • It shall be the duty of every justice of the peace
in this republic, on the first Monday of January in every year,
to make a return to the county treasurer of his county, of all
fines and penalties which he shall have assessed during the
twelve months preceding, and to pay so much thereof as he
shall have collected; and any justice who shall fail to make such
return, and pay over the money by him received as aforesaid,
shall be deemed guilty of a misdemeanor in office, and on con¬
viction thereof, shall be removed in the manner prescribed in
this act.
Sec. 22. When from'kny cause a justice of the peace shall
vacate his office, all the books, records, and papers appertaining
to his office, shall be transferred to the next justice of the same
district, who shall complete the business of such justice, in the
same manner as if originally commenced by himself.
Sec. 23. Be it further enacted, That in all cases where the
defendant appears, he shall plead, in offset, all debts known to
be due him by the plaintiff; and the justice shall render judgment
for such sum as may appear to be due, either to the plaintiff or
the defendant, as the evidence may require; and in .case of a
failure of any defendant or defendants so to plead his debt or
demand, in offset, the said debt or demand shall not be recover¬
able thereafter: provided, however, that in all cases the said party
may sue for and recover the same so due him, if he can show
good and satisfactory cause why he did not plead such due or
demand in compensation on the day of trial.
Sec. 24. No justice shall sit in judgment in any suit in
which he may be interested, or where he may be related in the
third degree to either plaintiff or defendant; and in all such cases
the suit shall be tried by the justice of the precinct not so inter¬
ested or related; and in case both of said justices shall be so in¬
terested or related; then, and in that case, the suit shall be tried
and determined by the justices nearest adjoining, not so inter¬
ested or related; and for the further government of the justices'
court, the rules prescribed in an act establishing the jurisdiction
and powers of the district courts, shall apply in all cases, when
they are not inconsistent with this act.
Sec. 25. County commissioners, the justices of the peace,
and the chief justice of the county court, shall constitute a board
146
of commissioners for their respective counties; which i>oard shall
have the entire superintendence and control of roads, highways,
ferries, and bridges, and of the poor within said counties.
,Sec. 26. The said board of commissioners shall meet at
the court house of their respective counties, in the months of
January, April, July, and October, of each year, on such days
as shall be designated by the president of the board; and when
so assembled, shall have authority to establish ferries, determine
the tolls of the same, to order the"laying out of. roads where ne¬
cessary, direct where bridges shall be built, and contract, for
building the same, at the expense of the county; to discontinue
all roads now or hereafter made, that are deemed useless; and
to alter roads so as to make them more useful.
Sec. 27. The chief justice of the county court shall be ex-
officio president of the board, and shall cause a record to be
made of the proceedings of the board, which record, shall be
made by the clerk of the county court. In the absence of the
president of the board, a president pro tempore, shall be chosen.
Sec. 28. A majority of justices shall be necessary to con¬
stitute a board;, and if any justice fail to attend the meetings of
said board, he shall forfeit and pay a fine to the county treasury
of not less than twenty-five nor more than fifty dollars, recover¬
able before any justice of the peace of the county, unless in the
opinion of said board, he shall render a reasonable excuse.
Sec. 29. It shall be the duty of said board of commission¬
ers to provide, at the expense of the county, for the support of
indigent, lame, and blind persons, who are unable to support
themselves.
Sec. 30. The said board of commissioners shall, in the
month of January of each year, levy a tax, which shall be suffi¬
cient to discharge the demands on their respective counties, upon
the same persons and property as are subject to a state tax,
which shall be assessed and collected by the same officers, and
in the same manner that taxes due to the republic are collected,
and shall be paid into the hands of the county treasurer at the
same time, and under the same regulations and restrictions as
may be provided by law for the due collection and payment of
taxes levied by the republic.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tern. of the senate.
Approved, Dec. 20, 1836.
SAM, HOUSTON.
147
AN ACT,
To raise a Revenue by Impost duties.
Sec. 1. Be it enacted by tke senate and house of representa¬
tives of the republic of Texas, in congress assembled, That there shall
he, and there is hereby imposed, assessed and levied, upon all
articles which may be imported into this republic from and after
the first day of June next, the following duties, to wit: Upon all
wines and spj.ritous and malt liquors, an ad valorem duty upon
invoice cost of forty-five per centum: upon all silk goods, and
manufactures of every description made of silk, an ad valorem
duty of fifty per cent.: upon all sugar and coffee, two and a half
per cent.: upon teas, twenty-five per cent, per pound : upon
bread stuffs, one per cent.: upon iron and castings, ten per cent.:
upon all coarse clothing, coarse shirtings, coarse shoes, and bro-
gans, blankets, kersies, satinetts, and clothes formed of a mixture
of cotton and wool, ten per cent.: upon all other goods, wares,
and merchandise, not herein specially enumerated, an ad valorem
duty of twenty per cent, upon the invoice cost.
Sec. 2. Be it further enacted, That there shall be assessed,
levied, and collected, upon all vessels of the burthen of ten tons
and upwards, arriving in any port in Texas from a foreign port,
the sum of twenty-five cents per ton.
Sec. 3. Be it further enacted, That it shall be the duty of
the president, by and with the advice and consent of the senate,
to appoint for each and every district, such revenue officers as
may be necessary and proper, for the collection of the revenue,
each of whom shall take arf oath of office before entering upon
his duties, and for the punctual paying over to the proper au¬
thorities, all such moneys as may be by them respectively col¬
lected.
Sec. 4. Be it further enacted, That it shall be the duty of
the several collectors, to receive the orders of the auditor upon
the treasury of the republic, when offered by importers in pay¬
ment of duties at the time of importation; but should the duties
not be promptly paid in this manner, the collectors shall retain
possession of all merchandise imported, for the space of ninety
days; if, at the expir ition of that time, the duties shall not be
paid, they shall be sold at public auction by the collector, or s©
much thereof as will pay the duties thereon.
Sec. 5. Be it farther enacted, That the secretary of the
treasury shall, undci the direction of the president, give the offi¬
cers who may be appointed by virtue of this act, such instrue-
14
143
tions, from time to time, as may be necessary to bring this sys-
tem into practical and useful effect.
IRA INGRAM,
Speaker of the house of Representatives,
RICHARD ELLIS,
President pro tem, of the Senate,
Approved, Dec. 20, 1836.
SAM. HOUSTON.
AN ACT,
Organizing the inferior Courts, and defining the powers and juris-
diction of the same.
Sec. 1. Be it enacted bp the senate and house of representatives
of the republic of Texas in congress assembled, That there shall be
established, in the several counties of this republic, an inferior
court of law, which shall be styled the County Court of the
county of , to be composed of one chief justice, who shall
be elected by joint ballot of both houses of congress, and shall
hold his office for a period of four years, and two associate jus¬
tices, who shall be selected by a majority of the justices of the
peace of each county, from among their own body, at the begin¬
ning of each and every year, and the justices so selected shall
attend said county courts, or pay a fine to be assessed by the
chief justice not exceeding one hundred dollars.
Sec. 2. The chief justices of said courts shall be commis¬
sioned by the president, and may be ffworn into office by any
primary judge, heretofore appointed by law or any legally au¬
thorized person.
Sec. 3. The justices of said court shall receive, for their
services, the sum of three dollars for each day they are attending
to hold a court according to law, to be paid from the treasury
of the proper county, on the certificate of the clerk of the said
court; and for all other duties, they are authorized or required
to perform, they shall receive such compensation as may be pro¬
vided by law.
Sec. 4. A majority of the justices of said court shall be
necessary to constitute a court, and in case a sufficient number
should not attend on the first day of any term, the sheriff of the
county may adjourn the same from day to day, for four days, at
the end of which time, if a sufficient number do not attend, he
shall adjourn the court to the next term. If from any cause a
149
County court shall not be held at any term thereof, or the busi¬
ness before said court should not be completed before the ad¬
journment of said court, all business returnable to or pending in
said court, shall stand continued of course until the next term.
Sec. 5. There shall be held, at the court house of each
county in this republic, a county court four times in each year;
the terms of said coupty courts shall commence and be continued
as follows:—For the county of Austin, on the first Monday in
January, April, July, October:—For the county of Brazoria, on
the third Monday in January, April, July, October:—For the
county fo Bexar, on the first Monday in January, April, July, Oc¬
tober:—For the county of Colorado, on the second Monday in
January, April, July, October:—For the county of Gonzales, on
the third Monday in January, April, July, October:—For the
county of Goliad, on the third Monday in January, April, July,
October:—For the county of Harrisburg, on the fourth Monday
in January, April, July, October:—For the county of Jasper, on
the first Monday in January, April, July, October:—For the
county of Jefferson, on the first Monday in January, April, July,
October:—For the county of Jackson, on the firSt Monday in
January, April, July, October:—For the county of Liberty, on
the second Monday in January, April, July, October:—For the
county of Mina, on the second Monday in February, May, Au¬
gust and November:—For the county of Milam, on the third
Monday in February, May, August, November:—For the county
of Matagorda, on the second Monday in February, May, August,
November:—For the county of Nacogdoches, on the second
Monday in January, April, July, October:—For the county of
Red River, on the thiid Monday in January, April, July, Octo¬
ber:—For the county of Refugio, on the second Monday in Jan¬
uary, April, July, October:—For the county of Sabine, on the
fourth Monday in January, April, July, October:—For the coun¬
ty of Shelby, on the first Monday in February, May, August,
November:—For the county of San Augustine, on the third
Monday in January, April, July, October:—For the county of
San Patricio, on the third Monday in January, April, July, Oc¬
tober:—For the county of Victoria, on the first Monday in Jan¬
uary, April, July, October:—For the county of Washington, on
the first Monday in February, May, August, November.
Sec. 6. The several county courts of this republic shall
have original jurisdiction of all suits and actions for the recovery
of money, founded on any bond, bill, promissory note, or other
written contract, covenant, or agreement whatsoever, or ~
150
open account where the sum demanded shall exceed one hun¬
dred dollars, and shall have concurrent jurisdiction with the dis¬
trict courts, in all such suits and actions: provided that no suit
relative to the title of land shalj be tried and determined in said
court, and general!/ to do and perform all other acts, and exer¬
cise all other powers, lawfully pertaining te a county' court,
within this republic.
Sec. 7. All process from the county court shall be tested
in the name of the clerk thereof, shall issue and be returnable
in the same manner and under the same penalties as prescribed
in the act establishing the jurisdiction and powers of the district
courts; and all suits and actions in said county courts shall be
commenced and continued in the same manner, as near as may
be, as provided in the foremcntioned act.
Sec. 8. There shall be elected, by the qualified electors
of each county, on the first Monday in February next, one clerk
of the county court, who shall hold his office for the period of
four years, and shall be removable for neglect of duty or misde¬
meanor in office, in the same manner as clerks of the district'
courts: before entering upon the duties of their office, they shall
enter into bond with two sureties, to be approved by the courts
of which they arc clerks, payable to the president and his suc¬
cessors in office, in the penalty of five thousand dollars, condi¬
tioned for the faithful performance of the duties of their offices;
and that they seasonably record all deeds and other instruments
of writing required by law to be recorded in their offices; and
also all judgments, decrees, and orders of said courts, ancLsafely
to keep all records, minutes, books, papers, and whatever be¬
longs to their offices of clerk: said bond shall be recorded in raid
court ard deposited in the office of the clerk Of the district court,
and may he proceeded upon in the same manner as the bonds
of clerks of the district courts.
Sec. 9. In case of a vacancy in the office of clerk of the
county court, or during the unavoidable absence of such clerk,
the court in term time and the chief justice thereof, in vacation,
may appoint a clerk " pro tempore," who shall discharge the
same duties and have the same authority as the regularly elected
clerk.
Sec. 10, The several clerks of the county courts shall be,
and they are hereby empowered to administer oaths,,and affir¬
mations in all, cases wherein an affidavit is necessary, as the
foundation of any official act lo be performed by said .clerk.
Sec. 11., Jt shall be the duty of the clerk of each, county
151
'Court, to make a correct list of the freeholders of their respec¬
tive counties, which shall be filed in their offices: they shall en¬
ter the names on such list upon separate slips of paper, and de-
posite them in a box to be kept for that purpose; at every term
of said court, or on failure of a term of said court, in presence
of one of the justices of said court, the clerk and sheriff shall
draw from said box one by one, the names of sixteen persons, to
serve as jurors at the next succeeding term of said court, and
the names of said persons so drawn, shall be entered upon the
minutes of said court, and the said jurors shall be summoned in
the same manner as the jurors for the district court, and so much
of the " act establishing the jurisdiction and powers of the dis¬
trict courts," as relates to jurors and witnesses, shall apply to all
jurors and witnesses for the county courts, so far as suited to the
organization of said county courts.
Sec. 12. It shall be the duty of the clerks of the county
eourts to perform the duties of treasurer, and to procure, at the
expense of the county, a seal, for the use of their respective
courts, with the style of the court around the margin thereof,
nnd a star of five points in the centre.
Sec. 13. Any party may appeal from any final judgment
or decision of any county court, provided the amount in contro¬
versy shall exceed two hundred dollars, to the district court, for
said county, in the same manner and under the same restrictions
as provided in the sixteenth se:tion of an "act establishing the
jurisdiction and powers of the district court," and the forty-second
sectioft of the aforesaid act, shall apply equally to the county
courts, so far as is consistent with this act.
Sec. 14. A transcript of the record in all appeals from a
justice of the peace to the county courts, shall be iiled in the
office of the clerk of said court on or before the first day of the
next succeeding term, who shall enter the same on his docket in
proper order; and all such appeals shall be heard and determined
by said court, " de rc<?ro," without the intervention of a jury, on
all sums under twenty-one dollars, but on all sums over that
amount, a jury may be had on application of either party.
Sec. 15. The records of each day's proceedings of the
county court shall be read in open court, on the morning of each
succeeding day, and at the close of the term shall be signed by
the justices attending the same.
Sec. 16. The several county courts shall have power to
punish all contempts of such courts, in the same, manner as pro¬
vided by law for the district courts.,
14*
154 ■
Sac* 17. The justices of the county courts shall b« con¬
servators of the peace within their respective counties, and shall
have power, by warrant, to cause any person or persons, charged
with a criminal offence, to be arrested, and to take all manner
of recognizances returnable into the court having jurisdiction of
the same.
Sec. 18. The said courts shall have power to hear and
determine all motions, reasonable notice being given to the ad¬
verse party, against sheriffs or other officers for money received
on execution or other process from said court, which they have
neglected to pay on demand, to the party entitled to the same;
and all motions against attorneys and counsellors at law for neg¬
lecting or refusing to pay money received for their clients, in
any Case instituted in said courts, and award judgment and exe¬
cution for the same.
The chief justices of the county courts shall have power to
grant the same remedial process as a district judge, provided
that no such writ or process shall extend to any act of a district
judge; or relate to any business pending before a district court,
or which may be exclusively cognizable before it.
Sec. 19. All process from any county court shall be exe¬
cuted and returned by the sheriff of the proper <ounty, and the
sheriff of each county shall attend on the county court of his
county, and perform all the duties requited of him by law, by
virtue of his office; and shall cause his deputy, or summon a con¬
stable of his county to attend each term of said court, who shall
attend accordingly, or pay a fine, to be assessed by the court, not
exceeding twenty dollars.
Sec. 20. The several county courts of this republic shall
procure, and cause to be kept in repair, w ithin their respective
counties, a good and convenient building for holding courts, and
also a suitable building for a jail or county prison, to be well se¬
cured, the expense of which shall be paid by the proper county.
Sec. 21. All expenses which may be incurred for the safe
keeping of criminals in the several counties of the republic, shall
be paid out of the treasury of the republic, and the certificates
of the proper judges shall be sufficient voucher for auditing such
account.
Sec. 22. The county court of each county shall, in term
time, audit and allow, on proper proof, all accounts and demands
legally chargeable upon their respective counties; and all ac¬
counts and demands, so allowed, shall be recorded by the clerk
of said|court in a book to be kept for that purpose, and the clerk
153
shall issue a wafraht for all such accounts and demands audited,
upon the county treasurer, which shall be signed officially, with
the seal of the court.
Sec. 23. The county courts shall make allowance of the
sums of money necessary for supplying the clerks' office with
stationary, books, tables, and presses, to be paid out of the county
treasury.
Sec. 24. The chief justices of the county courts shall be
judges of probate for their respective counties, shall take the
probate of wills, grant letters of administration on the estates of
persons deceased, who were inhabitants of, or resident in said
county, at the time of their decease, shall appoint guardians to
minors, idiots, and lunatics, and in conjunction with the associate
justices, shall examine and settle the accounts of executors, ad¬
ministrators, and guardians; and said chief justice shall have full
jurisdictio i of all testamentary and other matters appertaining
to a probate court, within their respective counties.
Sec. 25. The chief justice shall hold a probate court at
the court house of their respective counties, on the last Monday
of every month in the year, exeept in cases when the county
courts shall be held on the last Monday in any month, and in
such case the probate court shall be held on the Monday next
preceding; and they may hold a special court for the transac¬
tion of any business within their jurisdiction, provided ten days'
notice is given by advertisement, at three of the most public
places in different parts of the county, of the time of holding
said court, and of all business to be acted on at such special
term.
Sec. 26. Any person may appeal from any decision or de¬
cree of any court of probate, within ten days after such decision
or decree shall have been rendered, to the district court of the
county, provided such appellant shall give bond with good and
sufficient security, to be approved by said court of probate, con¬
ditioned that said appellant shall prosecute said appeal to effect,
and perform the sentence, judgment or decree which the said
district court shall make therein, in case the cause be decided
against said appellant.
Sec. 27. When any appeal shall be taken on any decision
or decree of a court of probate, the clerk of such court shall im¬
mediately make out a full and perfect record of all the prpceed-
ings in such case; and shall, on the application of either party,
give to such party an attested copy of such record, which shall
be transmitted to the district court; and the said district court
154
3hall^ at the next succeeding term, hear and determine such ap*
f* >ea^ and the decision of the district court shall be certified to
he tourt of probate, which shall carry the same into effect.
Sec. 28. The chief justice of each county shall procure,
at the expense of the county, an appropriate seal for the court
of probate, and the said seal shall be fixed to all papers issuing
from said court.
Sec. 29. The chief justices shall receive three dollars for
every day they are attending to hold a probate court according
to law, to be paid on the certificate of the clerk of said court
out of the county treasury; and for all other duties they are au¬
thorized or required to perform, they shall receive such compen¬
sation as may be provided by law, and the associate justices shall
receive, for every day they are required to attend a probate
court, the same pay as the chief justice.
Sec. 30. The clerks of the county courts shall be clerks
of the courts of probate for their respective counties, and shall
record all wills and testaments and other instruments of writing,
required by law to be recorded in their offices, shall give certi¬
fied copies of all papers in their offices to any person applying
for the same, and shall receive for all duties required to be per¬
formed by them, by virtue of their offices, such fees as may bo
prescribed by law.
Sec. 31. All probate business heretofore pending before
the primary courts, shall be transferred to, and completed in the
probate court, for the county established by this act; and any
of the primary judges heretofore acting, who shall refuse or neg¬
lect to transmit all such business, and all records and papers ap¬
pertaining thereto, shall be proceeded against in the same man¬
ner and under the same penalties as provided in the eleventh
section of the act establishing the jurisdiction and powers of the
district courts.
Sec. 32. It shall be the duty of the several probate courts
to compel a settlement of all estates heretofore administered on,
within twelve months, and may require new security to be given,,
if by them deemed necessary, within six months from the pas¬
sage of this law.
Sec. 33. It shall be the duty of the judge of the first in¬
stance, of each and every county to deposite in the office of the
clerk of the county court of his county, every matter of record,
paper, document, or thing heretofore filed in the office, not by
law required to he transmitted to the district court, or to jus¬
tices of the peace.
15$
Notaries Public.
Sec. 34. The chief justices of the several count/ court*!,
shall be, ex officio, notaries public for their respective counties;
they shall have power to administer oaths and affirmations in
all matters relating to their notarial office, shall have power to
receive the proof or acknowledgments of all instruments of writ¬
ing relating to commerce or navigation, and also to make decla¬
rations and testify to the truth thereof, under their seal of office,
concerning all matters done by them in virtue of their offices;
they shall keep a register of all official acts done by virtue of
their offices, and, when required, shall give a certified copy of
any record of their offices to any one applying for the same; and
for all acts done by them, as notary, they shall receive such fees
as may be provided by law; the seal of the county court shall
be the notarial seal, and shall be fixed (o all instruments and
attestations of the respective notaries.
Recorders.
Sec. 35. The clerks of the county courts shall be the re¬
corders for their respective counties, and it shall be their duty
to record all deeds, conveyances, mortgages, and other liens, and
all other instruments of writing required by law to be recorded
in their offices, which are presented to (hem, provided one of
the witnesses of the number required by law shall swear to the
signature of the signer, or he himself shall acknowledge the
same, which shall be certified by the recorder, and form part of
the record; and all deeds, conveyances, mortgages, and other
liens shall be recorded in the county where the property is situ¬
ated.
Sec. 36. It shall he the duty of the recorder to give at¬
tested copies whenever demanded, of all papers recorded in his
office; and the recorder shall receive, for all such copies, and all
other writing required of him by virtue of his office, such fees as
may be provided by law.
Sec. 37. Any person who owns or claims land of any de¬
scription, by deed, lien, or any other color of title, shall, within
twelve months from the first day of April next, have the same
proven in open court, and recorded in the office of the clerk of
the county court in which said land is situated; but if a tract of
land lies on the county line, the title may be recorded in the
county in which part of said land lies.
Sec. 38. All titles, liens, mortgages, or-other color of title,
156
before they can be admitted upon record, must be proven by at
least two subscribing witnesses, if living in the county, and if not
so living in the county, then the hand writing shall be proven
either before some county judge, or before the clerk of the
county court in whose office such record is proposed to be made;
and in all cases the certificate of any county judge> that the said
witness appeared before him and acknowledged his signature,
or that the hand writing of the same was duly proven, shall be
sufficient evidence to authorize the clerk of the county court to
enter such title, lien, mortgage, or other color of title upon
record; and the said clerk for recording the same, shall be en¬
titled to charge and receive the sum of twenty cents for every
hundred wofds.
Sec. 39. Any actual settler, who is a citizen of this re¬
public, who may have and hold peaceable possession of any tract
or parcel of land under a color of title duly proven and recorded
in the proper county, for a term of five years from and after re¬
cording of said color of title or titles, his, her, or their claim
shall be considered good and valid, barring the claim or claims
of any and every person or persons whatsoever, minors, feme
coverts, and persons non compos mentis excepted, who shall
have, and be allowed two years after their maturity, marriage,
tor return to a sound mind, to demand and commence an action
for his, her, or their claims, and no more. A peaceable posses¬
sion can only be interrupted by an actual suit being instituted
and prosecuted agreeably to the due forms of law, against the
holder or holders thereof: provided that this act shall not affect
the rights of any person who may have been prevented from
complying with the provisions of this law, by reason of an enemy
having had possession of the country, or for want of a proper
court or officer having been established in due time: and provided
further, that this act shall not give validity to claims unlawfully
obtained from government.
Sec. 40. No deed, conveyance, lien, or other instrument
of writing, shall take effect as regards the interests and rights
of third parties, until the same shall have been duly proven and
presented to the court, as required by this act, for the recording
of land titles. And it shall be the duty of the clerk to note par¬
ticularly the time when such deed, conveyance, lien, or other
instrument is presented, and to record them in the order in which
they are presented.
Sec. 41. The common law of England, as now practiced
and understood, shall, in its application to juries and to evidence,
157
be followed and practiced by the courts of this republic* so far
as the same may not be inconsistent with this act, or.any other
law passed by this congress.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tern, of the senate.
Approved Dec. 20, 1836*
SAM. HOUSTON.
AN ACT,
Supplementary to an act organizing the Inferior Courts, and defin¬
ing the powers and jurisdiction of the same.
Be it enacted by the senate and house of representatives of the
republic of Texas, in congress assembled, That the representatives
of each county of this republic, or either of them, be, and are
hereby authorized and required to administer the necessary oaths
of office to the different chief justices and justices of the peace
for the different counties, so soon as they may have been elected,
in conformity to the provisions of this aet.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tern, of the senate.
Approved, Dec. 20, IS36.
SAM. HOUSTON.
AN ACT,
Authorizing and requiring County Courts to regulate Roads, ap¬
point Overseers, and establish Ferries, <£r.
Sec. 1. Be it enacted by the senate and house of representa¬
tives of the republic of Texas, in congress assembled, That the
county courts of the several counties of this republic, shall have
full power to order the layingout public roads, when necessary,
and to discontinue or alter such roads as shall at any time prove
useless.
Sec. 2. Be it further enacted, That whenever it shall be
deemed necessary to lay out any new road, the county court shall
appoint at least five freeholders or householders, who shall be
158
Intrusted by the court to lay out the road fio ordered, to the
greatest advantage of the inhabitants, and as little as may be to
the prejudice of enclosures; which road shall be opened thirty
feet in width.
Sec. 3. Be it further enacted, That all free males, Indians
excepted, between the age of eighteen and forty-five years, and
all male slaves over sixteen and under fifty years of age, shall be
Hablc to work on public roads.
Sec. 4. Be it further enacted^ That the county courts of the
several counties are hereby authorized and required to lay off
ail public roads into precincts, and shall, at the first session of
their courts in each and every year, appoint one overseer for
each precinct, and shall at the same time apportion and desig¬
nate the hands liable to work on public roads, and under over¬
seers of the several precincts.
Sec. 5. Be it further enacted, That it shall be the duty of
the' clerk of the county courts, to make out and deliver, within
ten days after the adjournment of the court, to the sheriff of his
county, a copy of the o der of court, appointing the several over¬
seers, and the hands liable to work under them; and the sheriff
shall, within twenty days after the reception of ihe order, deliver
to, or leave the same at the common residence of the overseer,
and on failure of the cle-k or sheriff to deliver such order herein
directed, each shall forfeit and pay for every such failure, ten
dollars, which fines shall be recovered by judgment, on motion
of the solicitor of the superior court of the county in which the
defaulter shall reside. The said defaulter having three days no¬
tice of said motion, without the interposition of a jury, except
the defaulter shall require it.
Sec. 6. Be it further enacted, That it shall bo the duty of
the clerks of the county courts, to put up in their respective
court houses, a list of the names of the overseers and their re¬
spective precincts, in their county; and on neglect thereof shall
forfeit and pay the sum of ten dollars, to be recovered in the
manner prescribed in the fifth section of this act.
Sec. 7. < Be it further enacted, That if any overseer so ap¬
pointed shall refuse to serve without a reasonable excuse to be
judged by the county court, he shall forfeit and pay the sum of
twenty-five dollars, to be recovered in the manner prescribed in
the fifth section of this ac>.
Sec. 8. Be it further enacted, That overseers of the roads
shall have power to call out all persons liable to work on public
roads in their precinct, at any time when it may appear neces-
150
saFy'tO repair the roads, causeways, or bridges in their precinct:
sprovided, nevertheless, that no person shall be compelled to
work on more roads than one in any one year, nor more than
ten days in the year on any road.
Sec. 9. Be it further enacted, That it shall be the duty of
the overseer of any road to give two days previous notice by
summons in person, or in writing left at their respective places
of abode, to all free male persons, as well as to the owners, over¬
seers, or employers of slaves, liable to work, on roads in his pre¬
cinct, to meet at such time and place as he may appoint, and t®
bring with them such tools to work with on the road as he shall
direct; and if any free person so summoned shall fail to attend
or send a substitute to work in his place, or when attending shall
fail or refuse to do and perform his duty therein, shall forfeit and
pay for each and every day that he shall fail or refuse to per¬
form his duty as aforesaid, the sum of two dollars, together with
costs of suit, by judgment, in the same manner as in cases of
debt, before any justice of the peace of his county; and if a
slave, the sum of two dollars for each and every day he shall
fail to attend, to be recovered in manner as aforesaid, from his
owner, overseer, or employer: provided, that all reasonable ex¬
cuses shall be heard and allowed.
Sec. 10. Be it further enacted, That if any overseer of the
road shall fail or neglect to prosecute any free perron, or if a
slave, his owner, overseer, or employer, who shall fail to attend,
or neglect or refuse to perform his duty, when lawfully sum¬
moned to work on roads, without a reasonable excuse; then, and
in that case, any person liable to work on roads under such
overseer, may recover from such overseer the full amount that
such overseer might or could recover from such defaulter or de¬
faulters, for his or their refusal or neglect to perform their duty
on the road; to be recovered in the manner prescribed by the
ninth section of this act, the one-half thereof to the benefit of
the prosecutor, and the other half to be applied in the manner
herein after prescribed by the eighteenth sectio* of this act.
Sec. 11. Be it further enacted, That if any person or per¬
sons whatever shall alter or change any puolic road, unless it be
done by permission of the county court of the county in which
such road is, so as to be altered or changed, shall, on conviction
thereof, forfeit and pay the sum of ten dollars for each month
the road is turned out of its old course: nor shall any person or
persons erect, or cause to be erected across any public road, any
bar, fence, impediment, or fall any tree or brush on the same,
160
and shall not remove and clear away such fence, bar, impedi¬
ment, tree, or brush, within twenty-four hours thereafter, he or
they shall forfeit and pay the sum of two dollars for every day
the impediment remains in said road, to be recovered in the
manner prescribed in the 5th section of this act.
Sec. 12. Be it further enacted, That when to the overseer
of roads it may appear expedient to make causeways ©n the
same, said overseer shall cause them to be made at least fifteen
feet wide, and the earth necessary to qover the said causeways,
shall be taken from both sides, so as to make a drain on each
side of the causeway; he shall erect bridges across all such wa¬
ter courses and other places as may appear to him necessary
and expedient.
Sec. 13. Be it farther enacted, That if the overseer of any
road shall fail or neglect to keep the roads, bridges, and cause¬
ways within his precinct clear, and in good order, or permit
them to remain uncleaned or out of repair for twenty days at
any one-time, unless hindered by high water, bad weather, or
other sufficient cause, to be adjudged by the court having juris¬
diction ©f the same, such overseer shall forfeit and pay for every
such offence the sum of twenty dollars, to be recovered in the
manner prescribed by the fifth section of this act: provided, ne¬
vertheless, that payment of this penalty shall not prevent any
person or persons who may have sustained damage by the road
being out of repair, from recovering the amount of such damage
from such overseer.
Sec 14. Be it further enacted, That at all times the coun¬
ty courts throughout this republic shall have power to establish
ferries as are hereinafter directed. That before any person
shall establish a public ferry in the republic, he shall apply to
the county court of the county in which such ferry is intended
to be established, and the court for good cause being shown by
the party applying, may grant a license to establish a ferry, and
shall affix the rates of ferriage for crossing all persons, horses,
cattle, carriages, &c., that shall pass the same, and shall more¬
over require from the person or persons so applying for license,
to give bond with good and sufficient security, in the sum of one
thousand dollars, payable to the judge of the county court of the
county in which the application is made, and his successors in
office, conditioned that the person or persons to whom said
license may be granted, shall provide and constantly keep good
and sufficient boats or other.crafts; also the banks on each side
of the water course, in good repair; and that said ferry shall be
161
Well attended, for travellers or other persons to carry or pass
With their horses, carriages or effects over such river or water¬
course.
Snc. 15. Be it further enacted, That if any person or per¬
sons shall at any time sustain damage in consequence ©f any fer¬
ryman or Owner of ferry, not having complied with the condi¬
tion of his or their borid, the person so damaged may bring an
action of debt against such ferryman or owner of such ferry, on
his or their bond, in th« name of the judge of the county court
of the proper county, and recover judgment for so much damage
as he, she, ®r they may have sustained; and thereupon take out
execution, and cause the money to be made.; and when made,
'to apply the same to his,her,or their own use; which bend shall
inot be void upon the first or any other recovery, until the whole
amount thereof has been recovered. Any person who shall be
detained at any public ferry through the neglect of the ferry-
smanfte performing his duty, may, by warrantfroma justice of the
peace of the county in which said ferry as established, recover
from such ferryman or owner of such ferry, the sum of ten dol¬
lars for every such default or neglect: provided, that any such
recovery shall net be a bar to any action for damages sustained
by any person, by reason of the insufficiency of such ferry.
Sec. 16. Be it further enacted^ That if any person or per¬
sons shall establish a ferry, or exact and demand ferriage con¬
trary to the provisions of tkis act, he or they shall forfeit and
pay the sum of five hundred dollars for every public ferry so es¬
tablished, to be recovered by indictment or presentment by a
grand jury in the superior court of the county, in which such
ferry shall be established; and any person or persons who may
have any licensed ferry, who shall demand and take a greater
toll than is allowed him or them by law, or by order of the
county court, shall forfeit and pay the sum of five dollars for
each and every such offence, to be recovered by indictment or
presentment of a grand jury, as prescribed in the fifth section of
this act.
Sec. 17. Be it further enacted, Thai it shall be the duty of
ffie judges of the superior courts of this republic to give in charge
to the grand juries of the different counties at the opening of
each term of the said courts, this act, and the grand juries shall
present the overseers of every public road, as well as the owners
and keepers of public ferries, which shall not be, or may not
have been kept in such order and repair as is required by this
acty and every person , or. persons who shall have, altered any
162
public road, without having first obtained permission so to do,
as directed by the 11th section of this act; and every such per¬
son or persons as shall have erected any fence, bar, or impedi¬
ment, or fell trees or brush in any public road contrary to this
act; and it shall Tje the duty of the solicitor of the superior court,
upon such presentments being made by the grand jury, after giv¬
ing such defaulter three days' notice to move the court for judg¬
ment in the manner prescribed by the fifth section of this act:
provided, however, that the court shall hear the excuse of any
overseer, keeper or owner of any public ferry, who may have
violated the provisions of this section of this act; and on good
cause shown for the default, then, and in that case, no judgment
shall be awarded.
Sec. 18. Be it further enacted, That it is hereby made the
duty of all overseers, clerks, and other officers into whose hands
may be paid any money, arising from fines, penalties, or forfeit¬
ures, under this act, and not otherwise ordered by this act, to
pay the same over to the county treasurer of the county in which
the same may be, within ten days after the same may come into
his or their hands, and if any overseer of the road, clerk, or
other officers fails or neglects to do so, he or they shall forfeit for
every such failure or neglect, the sum of fifty dollars, to be re¬
covered in the manner prescribed by the fifth section of this act.
Sec. 19. Be it further enacted, That it shall be the duty of
the county treasurer of the several counties in "this republic to
receive all moneys directed to be paid them by this act, and to
keep a separate and distinct account of the same, under the title
of "Road Fund;" which moneys shall be under the control of
the county court, and shall be appropriated by them only for
the purpose of repairing the public roads, opening new roads,
building and repairing bridges, causeways, &c., in the county in
which the same has been recovered.
Sec. 20. Be it further enacted, That the county courts
through whose county large creeks or water courses shall pass,
over which it may be too burthensome for the overseers, with
the hands apportioned to them to work on roads, to build bridges,
may contract with a proper person or persons to build a toll-
bridge, for which the court shall lay the toll to be levied on all
persons, cattle, horses, carriages, &c., passing over the same, to
be granted to the undertaker, for such a number of years as the
said court may think proper, not to exceed ten years; and the
builder or builders, and their successors shall keep the bridge in
163
constant repair during'tfie term of the contract, and in default
thereof shall forfeit all right and claim to the toll of such bridges.
Sec., 21. Be it further enacted, That the county court be¬
fore granting a license to any person to build atoll-bridge, shall
take bond in the sum of one thousand dollars, with good and
sufficient securities, conditioned that the undertaker or under¬
takers shall build and keep in constant repair, the bridges so
contemplated, for the term of years agreed upon, between the
undertaker or undertakers and the court; and if any person or
persons shall sustain damages in consequence of the owner or
keeper of any toll-bridge not having complied with the condi¬
tions of his bond, the person or persons so damaged may bring:
an action of debt against the owner or keeper of such toll-bridge,
on his or their bond, in the name of the judge of the county
court and his successors in office, of the county in <which such
license was granted, and recover judgment for the damages so
sustained, in the manner prescribed by the seventeenth section
of this act.
IRA INGRAM, >
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tem. .of the senate.
Approved, Dec. 20, 1836.
SAM; HOUSTON.
AN ACT
To organize and fx the Military establishment of the Republic of
Texas.
Sec. 1. Be it enacted by the senate and house of representa¬
tives of the republic of Texas in congress assembled,. That from and
after the passage of this act, (ho Military establishment of the
republic of Texas, besides the volunteers and mounted rifle
corps and militia available for the defence of the country, under
the orders of the president,-shall' bo composed of one regiment
of cavalry, one regiment of artillery and four regiments of in¬
fantry; with such officers of engineers, of ordnance and of the
staff as arc hereinafter provided for.
Sec. 2. Be it further enacted, &c.. That the regiment of cav¬
alry shall consist of one colonel, one lieutenant colonel, one ma¬
jor, one adjutant, one assistant quarter master, one assistant
15*
104
commissary of subsistence, one surgeon, one assistant surgeon,
one instructor or sword master, one sergeant-major, one quarter
master sergeant, one principal musician, one farrier and ten
companies; and that each company shall consist of one captain,
one first lieutenant, one second lieutenant, four sergeants, four
corporals, two musicians and forty-six privates. And that the
regiment of artillery shall consist of one colonel, one lieutenant
colonel, one major, one adjutant, one assistant quarter master,
one assistant commissary of subsistence, one surgeon, one assis¬
tant surgeon, one sergeant major, one quarter master sergeant,
two principal musicians and eight companies, two of which shall
be designated and equipped as light artillery; and that each
company shall consist of one captain, one first lieutenant, one
second lieutenant, four sergeants, four corporals, three artificers,
two musicians and fifty privates. And that each regiment of in-
fautry shall consist of one colonel, one lieutenant colonel, one
major, one adjutant, one assistant quarter master, one assistant
commissary of subsistence, one surgbon, one assistant surgeon,
one sergeant major, one quarter master sergeant, two principal
musicians and ten companies; and that each company shall
consist of one captain, one first lieutenant, one second lieuten¬
ant, four sergeants, four corporals, two musicians and forty-
six privates. And that the adjutant, assistant quarter master,
and assistant commissary of subsistence of each regiment shall
be taken from the subalterns of the regiment, and shall be al¬
lowed such compensation for extra service as may be provided
for by law.
Sec. 3. And be it further enactfd, $•*■. That there shall be
one colonel of engineers, and that the president of the republic
©f Texas be, and is hereby authorized to employ such assistants
as may be necessary for the performance of the duties of the
engineer department.
Sec. 4. And be it further enacted, <&r. That there shall be
one colonel of ordnance, and thirty enlisted men for ordnance
duty, and that the president of the Republic of Texas be, and
is hereby authorized to select from the regiments of artillery or
infantry such officers as may be necessary to perform ordnance
duties, who while so detached, shall receive the pay and emolu¬
ments allowed to ordnance officers.
Sec. 5, And be it further enacted, &c. That there shall be
one'major general, who shall be allowed two aids-dc-camp, who
shall be appointed by him, and who shall be entitled to the
rank, pay and emoluments of majors of cavalry. Two briga-
165
dier generals, each with one aid-de-camp, who shall be appoint¬
ed by him, and shall be entitled to the rank, pay and emolu¬
ment of a captain of cavalry.
Sec. 6. And be it further enacted, S/c. That there shall be
one adjutant general and one inspector general, with the rank,
pay and emoluments of colonels of cavalry; and that there be
one assistant adjutant general and one assistant inspecter gene¬
ral, with the rank, pay and emoluments of majors of cavalry.
Sec. 7. And be it further enacted, fyc. That there shall be
attached a brigade major as chief of the staff to each brigade,
who shall be allowed the rank, pay and emoluments of a major
"of cavalry.
Sec. 8. And be it further enacted, $*c. That there shall be
one quarter master general, with the rank; pay and emoluments
of a colonel of cavalry; and four quarter masters with the rank,
pay and emoluments of majors of cavalry.
Sec. 9. And be it further enacted, fyc. That there shall be
one commissary general of subsistence, with the rank, pay and
emoluments of a colonel of cavalry; and two commissaries of
subsistence, with the rank, pay and emoluments of captain of
eavalry.
Sec. 10. And be it further enacted, fyc. That there shall be
one paymaster general and three paymasters, and there shall be
one commissary of purchases.
Sec. 11. And be it further enacted, &c. That there shall be
one surgeon general and one assistant surgeon general.
Sec. 12. And be it further enacted, §°c. That the assistant
quarter masters, and assistant commissaries of subsistence shall
be appointed by the colonels of their respective regiments, sub¬
ject to the approval of the secretary of war.
Sec. 13. And be it further enacted, fyc. That there shall be
one provost martial to each brigade, with the rank, pay and
emoluments of a sergeant major.
Sec. 14. And be it further enacted, fyc. That the quarter
master general, quarter masters and assistants, commissary gene¬
ral of subsistence, commissaries and assistants, pay master gen¬
eral and pay masters, shall give bonds with good securities for
the correct and faithful performance of their duties, in such
amounts as may hereafter be determined by law.
Sec. 15. And be it further enacted, fyc. That the officers,
non-commissioned officers and artificers, musicians and privates,
authorised under this act, except those, especially provided for,
shall have the rank, pa^r and emplurpents that are provided, in
166
like cases by existing laws, or such as may be hereafter enacted,
and that the force created and authorized by this act shall be
subject to the rules and articles of war.
Sec. 16. And be it further enacted, &c. That all officers
contemplated by this act shall be appointed by the president,
by and with the advice and consent of the senate, except those
whose appointments are otherwise provided for in this act.
Sec. 17. And be it further enacted, That the commis¬
sions of those officers now absent in the recruiting service shall
be valid, provided said officers shall muster into the service of
this republic the requisite number of regular soldiers to consti¬
tute thear respective commands, by the first day of March next;
otherwise said commissions shall be null and void.
Sec. 18. And be it further enacted, &c. That the bounty
of lands of the soldiers now in the regular service, shalf'be
increased and raised to the same as those to be raised under
this act.
IRA INGRAM,
Speaker of the house of representatives»
RICHARD ELLIS,
President pro torn* of the senateK
Approved, Dec. 20, 1836.
SAM. HOUSTON.
AN ACT
Creating a General Post Office^ fyc.
Sec. 1. Be it enacted by the Senate and House of Representa¬
tives of the Republic of Texas, in Congress assembled, That there
shall be, and there is hereby created and established, a general'
post office, to be under the charge and direction of a postmaster
general, to be nominated by the president, subject to the approv¬
al or rejection of the senate; and he hold his offifce for a term
•of three years, and shall give bond, with approved security, in a
sum of not less than five thousand dollars, payable to the presi¬
dent or his successors in office. The postmaster general shall
have power to appoint the necessary assistants and clerks for
doing the business of his office. He shall establish post offices,
and appoint postmasters at such places as he may deem'e^e-
dient, on the post roads that are or may be established' by law.
He shall give instructions to the postmasters and all other per-
let
sons he shall employ, or who may be employed in any of the de¬
partments of the general post office, relative to their several du¬
ties. He shall provide for the carrying of the mail on all post
roads that are or may be established by law as aforesaid, as of¬
ten as hemay think proper, having regard to the productiveness
thereof. He shall obtain from the several postmasters, their
accounts and vouchers for the receipts and expenditures of their
several offices, once in every three months, or oftener if he think
proper, shewing the balance therein in favor or against the gen¬
eral post office. He shall pay all necessary expenses incident to
the general post office, in consequence of mails, collection of
the revenue, and in the general management thereof, from the
income of (he general post office department, if the receipts
thereof be sufficient. He shall, in his annual communication to
the executive of this Republic, report all the receipts and ex¬
penditures of the department, and any deficiency in the funds
necessary for the current expenses thereof, who shall submit the
same to congress, whose duty it shall be, to provide ways and
means for supplying such deficiency. He shall prosecute or
cause to be prosecuted, all offences against the general post of¬
fice establishment. He shall render an aecount current to the
general government of Texas, once in every three months, of
all the receipts and expenditures in the said department, to be?
adjudicated and settled as other public aceounts; at the same
time, stating generally, the condition of the department, sug¬
gesting such improvements, as in his opinion, may be useful and
necessary; and he shall render his first quarterly account on the
first day of April next. He shall have general superintendence
of the business of said department, in all the duties that are or
may be assigned to it: provided, that in case of the death, re¬
signation or removal from office, of postmaster general, all the
duties of the department shall be performed by his assistant
chief clerk, until a successor shall be appointed to take charge
of the general post office.
Skc. 2. Be it further enacted by the authority aforesaid,
That the postmaster general and assistant clerks and postmas¬
ters, and other persons employed in and about the department,
or in the care, custody or conveyance of the mails, shall, previous¬
ly to their entering upon the respective duties assigned them,
take and subscribe the following oath or affirmation, in addi¬
tion to the oaths required by all officers of the government, be¬
fore some person legally authorized to administer an oath:—
That I will faithfully perform all the duties required of mcj and
168
abstain from every thing forbidden by the laws, in relation id
ihe establishing df the general post office and post roads.
Sec. 3. And be it further enacted by the Authority aforesaid)
That the postmaster general may provide by contract Ibf the
conveyance of the mail on any road on which a stage of Wagori,
or any other stage carriage, shall be established, on condition,
that the expenses thereof, shall not exceed the income thence
arising. All contracts for carrying the mail, whether on horse*
back or otherwise, shall be for any term not exceeding two years,
revocable at the pleasure of the postmaster general, and at all
times, subject to such alterations as to time of departure, arriv*
al and distances, and frequency of transportation, as he may
think proper; subject, however, to an increase or diminution on
the amount to be paid on said contract to the contractor, in fa*
tio of increase or diminution of services required; and it shall
be lawful for the postmaster general, to impose such fines and
forfeitures upon the mail contractors for all failures they may
make, in not regularly and faithfully complying with the terms
of their contract, as in his opinion, may be just and proper: pro-
viderf, that no fine for a failure in delivering any mail, shall ex¬
ceed the pay for one trip.
Sec. 4. Be it further enacted by the authority aforesaid,
That no other than a citizen of this republic, shall be employ¬
ed in carrying the mail on any of the post roads, either as car¬
rier, rider or driver; and any and every violation of this act,
shall subject the contractor for each offence, to forfeit and pay
the sum of one hundred dollars; one moiety thereof to the use
of this republic, and the other moiety to the use of the person
who shall sue for and prosecute the same before any court hav¬
ing competent jurisdiction thereof.
Sec. 5. Be it further enacted by the authority aforesaid, That
if any person shall knowingly and willingly obstruct or retard
the passage of the mail, or of any driver or carrier, or any horse
or carriage carrying the same, he shall, upon conviction there¬
of, for every such offence, pay a fine not exceeding one hundred
dollars. And if any ferryman shall, by wilful neglect or refusal
to transport the mail across any ferry, hinder or delay the game,
he shall forfeit and pay for every ten minutes, a sum not exceed*
jng ten dollars.
Sec. 6. Be it further enacted, That it shall be the dqty of
the postmaster general, to give public notice in one or more of
the newspapers of Texas, for at least four weeks before entering
into any contract for < arr^ing the mail, that such contract jg |j)«
m
tended to be dosed on thfe day, and at such place as he may de¬
signate, that sealed proposals will be received for contracts*
The noiice shall designate places from and to which such mail
is to be carried, the time at which it is to be made up, and the
days and hours ort which it is to be delivered. He shall, more¬
over, within thirty days after the making of any contract, lodge
the duplicate thereof, together with a copy of the proposals
which he shall have received respecting it, in the executive of¬
fice of Texas; and no contract shall be entered into for a long¬
er time than two years.
Sec. 7. Be it further enacted, That every postmaster shall
keep an office, in which one or more persons shall attend, on
every day on which a mail, or bag, or other packet or parcel
of letters shall arrive by land or water, as well as on such oth¬
er days and hours as the postmaster general shall direct, for
the purpose of performing the duties of his office. And. it shall
be the duly of all postmasters, at all reasonable hours, on eve¬
ry day of the week, to deliver on demand, any letter, paper or
packet to any person entitled to or authorized to receive the
same. And all letters brought to any office, half an hour be¬
fore the making up the mail at such office, shall be forwarded
therein.
Sec. 8. Be it further enacted, That no fees or perquisites
shall be received by any person employed in the general post
office, on account of the duties to be performed in virtue of this
office.
Sec. 9. Be it further enacted, That the following rates of
postage shall be charged on all letters and packets, except such
as are herein exempted, conveyed by the mails and posts of Tex¬
as—that is to say:—For every letter composing a single sheet
of paper, and conveyed any distance not exceeding fifty miles,
six and a fourth cents; over fifty and not exceeding one hundred
miles, twelve and a half cents; over one hundred and not ex¬
ceeding two hundred miles, twenty-five cents; upon all ship let¬
ters, six and a fourth cents shall be charged, in addition, to the
above rates; on all letters composed of two pieces of paper, there
shall be charged double the ratio of a single letter; letters com¬
posed of three pieces of paper, triple those rates; and for every
packet composed of four or more pieces of paper or thing, and
weiging one ounce, quadruple those rates;- and in that propor¬
tion for all greater weights. And for all letters or newspapers
going out of Texas, it shall be the duty of the postmaster to re¬
quire the postage in advance,
170
Sec. 10. Be it further enacted, That if any postmaster
or any person authorized by the postmaster general to receive
the postage of letters, shall fraudulently demand or receive
any rate of postage, gratuity or i eward, further than is provid¬
ed by this law, for the postage of letters and packets, on con*
viction thereof, he shall forfeit and pay for every such offence,
one hundred dollars, and shall be rendered forever incapable of
holding any office of profit or trust under this government.
Sb«. 11. Be it jurther enacted, That no ship or vessel ar¬
riving at any port of Texas where a post office is established,
shall be admitted to report, make entry, break bulk, until the
master or commander shall have delivered to the postmaster, all
letters directed to any person or persons within this republic,
under his care, or within his power, which shall be brought in
such ship or vessel, except such as are directed to the owner or
consignee of such ship or vessel; and except also, such as are di¬
rected to be delivered at the port of delivery to which such ship
or vessel may be bound. And it shall be the duty of the collec¬
tor ora other officer of the port empowered to receive entrieg of
ships or vessels, to require of every master or owner or comman¬
der of such ship or vessel, an oath or affirmation, purporting that
he has delivered all such letters, except as aforesaid; and if any
commander or master of any auch ship or vessel, shall break
bulk before he shall have complied with the requirements of this
act, every such offender shall, on conviction thereof, forfeit and
pay for every such offence, a sum not exceeding one hundred
dollars.
Sec. 12. Be it further enacted, That the postmaster to
whom such letters or packages shall be delivered, shall obtain
from the person delivering the same, a certificate, stating the
number of letters and packets, with the name of the ship or ves¬
sel, and the place from whence she last sailed; which certificate
shall be reported with his quarterly accounts current to the
postmaster general.
Sec. 13. And be it further enacted, That if any person
other than the postmaster general or his deputy or person by
them employed, shall be concerned in setting up or maintaining
any foot or horse, post wagon or any other post carriage, on
any established post road, from one post town' to another post
town, or any road adjacent or parallel to any established post
road, or any packet, boat or other vessel, to ply regularly from
one place to another, between which a regular communication
by water shall be established by law, and shall receive any let-
171
ters or packets, other than newspapers, magazines and pamph¬
lets, and carry the same by such foot, stage, wagon or other car¬
riage, packet boat or vessel, excepting only such letter or letters
as may be directed to the owner or owners of such conveyance,
and relative to the same, or to the person to whom any packet
or bundle in such conveyance is intended to be delivered, every
person so offending, shall forfeit for every such offence, a sum
not exceeding one hundred dollars.
Sec. 14. And be it further enacted, That the deputy post¬
masters or other agents of the postmaster general, shall duly ac¬
count ar.d answer to him, for all postages on way letters, which
shall come to their hands; and for this purpose, the post riders
and other carriers of the mail receiving any way letters, which
they shall be bound to do if presented, two miles and upwards
from a post office, shall deliver the said letter ox letters to the
postmaster or his deputy, at the first post office he may arrive at,
together with the postage, if paid, whose duty it shall be to spe¬
cify to the same as way letters, adding six and a fourth cents ad¬
ditional postage on each of such letters he may have so receiv¬
ed, to be paid by him to the carrier who delivered them. Let¬
ters directed to persons living between post offices, may be de¬
livered by the carriers, and the. postage thereof duly collected.
And it shall be the duty of the carriers of the mails, to take
charge of all such letters as shall, for that purpose, be commited
to him by the postmaster, and collect the postage thereof which
it shall be the duty of the said post rider to pay over to the said
postmaster as it is collected; and for every letter so delivered,
the same shall be allowed to receive six artd a fourth cents to his
own use, besides the ordinary postage. If any postmaster or
other agent of the postmaster general, shall neglect to account
for the same, he or they so offending, shall, on conviction there*
of, forfeit for every such offence, a sum not exceeding one huu*
dred dollars.
Sec. 15. And be it further enacted, That if any postmaster
or other agents of the general post office, shall unlawfully detain,
delay or open any letter, packet, hag or mail of letters, with
which he shall be entrusted, or which shall have to his or their
possession, and which are intended to be conveyed by post; or
if any such person shall secrete, embezzle, or destroy any letter
or packet entrusted to him or thena as aforesaid, and which shall
not contain any security for or assurance relating to money, as
hereinafter described, eveiy such offender, being thereof duly
onvicted, shall for every such offence, be fined a sum not ex*
16
m
ceeding one thousand 'dollars, and b® imprisoned not exceeding
twelve months, according to the circumstances or aggravation of
the offence. And if any person employed as aforesaid, shall se¬
crete, embezzle or destroy any letter, mail or packet, or bag of
letters with which he shall be entrusted, or which shall have
come into his or their possession, and are intended to be convey¬
ed by post, containing any bank note, post bill or other paper,
expressive of value; or if any such person employed as aforesaid,
shall steal or take any of the same out of any letter, packet, bag,
or mail of letters, that shall come to his possession, he shall for
every such offence, be imprisoned for a term not exceeding ten
years; and if any person who shall have taken charge of the
mail of Texas, shall quit or desert the same, before he delivers
it into the post office kept at the termination of his route, or to
some known mail carrier or agent of the general post office,
duly authorized to receive the same; every such person so of¬
fending, shall forfeit and pay a sum not exceeding five hundred
dollars for every such offence. And if any person concerned in
carrying the mail of Texas, shall cause or procure the same to
be done, contrary to this act, every such offender shall forfeit
and pay for every such offence, a sum not exceeding two hun¬
dred dollars.
Sec. 16. And be it further enacted, &c. That if any per¬
son shall rob any carrier of the mail of Texas, or any other per¬
son entrusted with such mail or any part thereof, every such of¬
fender or offenders shall, on conviction, be imprisoned for a time
not to exceed ten years; and if convicted a second time of alike
offence, he or they shall suffer death;- or if in effecting such rob¬
bery" of the mail the first time, the offender shall wound the per¬
son having the custody thereof, or put his life in jeopardy by the
use of dangerous weapons, such offender or offenders shall suffer
death. And if any person shall attempt to rob the mail of Tex¬
as, by assaulting the person having the custody thereof, by shoot¬
ing at him, or his horse or mule, or threaten him with dangerous
weapons, and the robbery is not effected, every such offender,
upon conviction thereof, shall be punished by imprisonment, not
exceeding ten years. And if any person shall steal the mail, or
shall steal and take out any part thereof, out of any post office,
or any letter or packet; or if any person shall take the mail, or
any letter or packet therefrom, or from any person, whether
with or without the consent of the person having custody there¬
of, the same-containing any article of value; or if any person
shall, by fraud or deception, obtain from any person custody
173
Ihtreof, any mail) letter or packet, or any article of value, swch
offender or offenders, on conviction thereof shall be imprisoned
not exceeding three years; and if any letter or packet, not con¬
taining any article of value, or evidence thereof, out of a post
office, or shall open any letter or packet which shall have been'
in a post office, or in the custody of a mail carrier, it shall have
been delivered to whom it is directed, with a design to obstruct
the correspondence, or to pry into another's business; or shall
Secrete or embezzle or destroy any such mail, letter or packet,
Such offender upon conviction, shall for every such offence, pay
a fine not exceeding five hundred dollars, and be imprisoned not
exceeding twelve months.
Sec. 17. And be it further enacted, &c., That if any per¬
son shall rip, cut, tear or burn, or otherwise injure any portman¬
teau, valise, or other hag, used or directed to be used by any
person acting under the authority of the postmaster general, or
any person in whom his powers are vested, in the conveyance of
any mail, packet, newspaper or pamphlet; or shall draw or
break any staple, or loosen any part of any lock, chain or strap
attached or belonging to any such valise, portmanteau or bag,
with an intent to rob or steal any mail, letter, packet, newspa¬
per or pamphlet, or to render eifher of the same insecure,- every
such offender upon conviction, shall, for every such offence, pay
a sum not exceeding five hundred dollars, or be imprisoned not
exceeding three years, at the discretion of the court before
whom such conviction is had.
Sec. 18. And be it further enacted, <fcc., Thai every per¬
son who shall from and after the passage of this act, procure,
aid, advise, or assist in the doing or perpetrating of any of the
acts or crimes by this act forbidden to be done or performed,
shall be subject to the same penalties and punishments as the
persons arc subject to who shall actually do or perpetrate any
of the said acts or crimes, according to the provisions of this act.
Sec. 19. And be it further enacted, &c., That every per¬
son who shall he imprisoned by judgment of court under and by
virtue of the fourteenth, fifteenth, sixteenth, and seventeenth
sections of this act, shall be kept at hard labor or otherwise,
shall be fined and punished as the law may direct.
Sec. 20. And be it further enacted, &c., That the postmas¬
ters shall respectively publish at the expiration of every three
months, or oftener where the postmaster general shall so direct,
in one of the newspapers at or nearest the place of his resi¬
dence, for three successive weeks, a list of all thg letters remain-
174
ing in their respective offices; or, instead thereof, shall make out
a number of such lists, and cause them to be posted up at no
less than five of the most public places in that vicinity, as shall
appear to them best adapted for the information of the parties
concerned; and at the expiration of the next three months, shall
send such of the letters as then remain on hand as dead letters,
to the general post office, where the same shall be opened and
inspected; and if any valuable papers or matters of consequence
shall be found therein, it shall be the duty of the post master
general, through his deputies, to return them; or, if alter a de¬
scriptive list thereof has been published in one of the newspa¬
pers published at the place most convenient to the supposed res¬
idence of the owner, if within Texas, the person or persons to
whom such letter or letters may have been directed and intend¬
ed, shall make application therefor, it shall be the duty of the
postmaster general, or any of his deputies, upon being satisfied
that the applicant is-the proper owner, to deliver them to such
person or persons, upon^the postage and expense of publication
being paid; and in either case, to require from persons receiving
letters to receipt to the postmaster general therefor, specifying in
such receipt that it is for such letter or letters as may have been
advertised and described; and if neither the writer nor the indi¬
vidual to whom the letter is addressed shall not make demand in
their own proper person or lawful agent, within two years after
the advertisement thereof, as aforesaid, the said contents shall
be applied to the use of Texas, until the same shall be reclaim¬
ed by the proprietor thereof, and the manner of such application
nto be specially stated by the postmaster general to the execu¬
tive office.
Sec. 21. And be it further enacted, &c., That all newspa¬
pers conveyed in the mail shall be under cover. If any person
employed in any department of the general post office, shall im¬
properly detain, delay, hinder, embezzle, or destroy, any news¬
paper, or permit any other person to do the same, or shall open
or permit any other person to open any mail or packet of news¬
papers not directed to the office where he is employed, he shall
on conviction thereof, forfeit a sum not exceeding one hundred
dollars for every such offence; and if any other person shall open
any mail or packet of newspapers, or shafl embezzle or destroy
the same, not being directed to himself, or not being authorized
to receive and open the same, he shall, on conviction thereof,
pay a sum not exceeding fifty dollars for every such otfence; and
ITS
if any person shall take or steal any packet, mail or bag of
newspapers, out of any post office, or from any person having
custody thereof such person upon conviction shall be imprisoned
not exceeding three months for every such offence. If any per¬
son shall enclose or conceal a letter or other thing, or any mem¬
orandum in writing, in a newspaper or among any package of
newspapers, which he shall have delivered into any post office,
or to any person for that purpose, in order that the same'may
be carried by post fi*(5e of letter postage, he shall forfeit the sum
of twenty-five dollars fbr every such offence, and the letter,
newspaper, packet, memorandum, or other thing, shall not be
delivered tcrthe person to frhomit is directed, until the amount
of double letter postage is paid for each article of which the
packet is composed. Magazines and pamphlets may be trans¬
mitted in the mail-at one cent a sheet for any distance not ex¬
ceeding fifty miles: for any distance over fifty and not exceed¬
ing one hiindred miles, one and a half cents; and two cents for
every greater distance.
Sec. 22. And be it further enacted, <fec., That the postmas¬
ter general be authorized to allow the postmasters respectively,
»uch commission on the monies arising upon the postage of let¬
ters, as shall be adequate to their respective services: provided,
said commission shall not exceed twenty-five per cent, on the
first hundred dollars; twenty per cenWon any sum over one
hundred and not exceeding three hundred dollars; and ten per
cent, on any sum over four hundred dollars and not exceeding
two thousand dollars; and five per cent, on any- sum collected,
being over twenty-four hundred dollars, except to postmasters
who may be employed in receiving and despatching foreign
mails, whose compensation may be augmented, not exceening
twenty-five dollars for one quarter. The postmaster general
may allow to the postmasters respectively, a commission of
fifty per cent, on the money arising from the postage of newspa¬
pers, magazines and pamphlets; and each postmaster who shall
be required to keep a register of the arrival and departure of
the mails, shall be allowed two dollars for each monthly return
thereof to the general post office.
Sec. 23. And be it further c.naeted, &e., That if any post¬
master, or other person 'authorized to receive the postage of let¬
ters, shall neglect or refuse to render his accounts, and pay over
to the postmaster general the balance by him due at the end of
three months, it shall be the duty of the postmaster general to
cause a suit to he commenced against the person so neglecting or
1T6
refusing; and if the postmaster general shafl not cause such suit to
be commenced within six months from the end of evpry such
three months, the balance due from every such-delinquent shall
he charged to and be recoverable from the postmaster general;
that all suits which shall hereafter be commenced for the recov¬
ery of debts or balances due to the general post office, whether
they appear by bond or obligation, shall be made in the name
of the existing or other preceding postmaster general, or other¬
wise shall be charged in the name of the postmaster general of
Texas; and that certified under the seal of the general post of¬
fice, ef the accounts current of the several postmasters, shall be
admitted in all suits brought by the postmaster general, for the
recovery of debts or balance due from postmasters or other per¬
son ; in like manner, copies of such accounts current as arc
lodged in the executive office under the seal of the general post
office department, shall be admitted as evidence.
Sec. 24. And be it further enacted, &c., That all letters and
packets to and from the following officers of this republic, shall be
received and conveyed by post free of postage: each postmaster,
provided the package does not exceed one ounce in weight; the
president and his cabinet officers, while on duty: and members of
both branches of the congress of this republic during the session
of congress and thirty days thereafter; and the secretary and oth¬
er officers of congress, during the time of their actual service; the
treasurer and postmaster general; all officers of the army and na¬
vy; collectors and officers of the revenue, when communicating
on subjects connected with public service; all of whom shall re¬
ceive their newspapers by jthe public post free of postage: Provid¬
ed, that no letter or packet from any public officer shall be con¬
veyed by post free of postage, unless he shall frank the same, by
writing his name and office on the oulsidc of such letter or pack¬
et, as in case of officers of tlf£ army, navy, and collectors, and offi¬
cers of revenue on public scrvice-
Sec. 95. And be it further enacted, 8/c., That if any person
shall frank letters other than those written by himself orby bis
♦order, he shall, on conviction thereof, pay a fine of fifty dollars;
and if any person shall counterfeit the frank or hand writing, or
cause the same to be done, in order to avoid the payment of pos¬
tage, each person so offending shall for every such offence, pay
a fine of one hundred dollars: Provided, that every printer of a
newspaper may send one paper to each and every other printer
of a newspaper in Texas; and send and receive out of Texas any
number of newspapers not cxccedingfifty, free of postage, under
such regulations as the postmaster general may provide.
177
Sec. 26. And be it further*enacted. See., That if any post-
masteror other person who shall receive, open or despatch mails
shall neglect to render accounts thereof, for one month after
the time in manner and lorm provided by law, and by the post¬
master general's instructions, he shall forfeit and pay double the
value of the postages which shall have arisen at the same office,
in equal proportion of time, previous or subsequent thereto: or,
incase no amount or account shall hare been rendered at the
time of trial of such case, then such sum as the court and jury
shall estimate as equivalent thereto, to be sued for and recover¬
ed by the postmaster general, in an action on the case.
Sec. 27. And be it further enacted, &c., That all pecuniary
penalties and forfeitures incurred under this act, not otherwise
provided for, shall be for the use of the republic of Texas.
Sec. 28. And be it further enacted, &c., That it shall be
lawful for the postmaster general to make_ provision, when it
may be necessary, for the receipt of letters and packets, intend¬
ed to conveyed by any ship or vessel beyond sea, or from any
port in Texas to another port therein; and the letters so receiv¬
ed shall be formed into a mail or packet, sealed up and directed
to the possmaster of the port to which such ship or vessel shall
be bound; and for every letter or frank so received, there shall
be paid at the time of its reception, a postage of six and a quar¬
ter cents each, which shall be for the use of the postmasters re¬
spectively receiving the same, and the postmaster general may
make arrangements with the postmasters in any foreign country
for a reciprocal delivery of letters, newspapers, packets and
pamphlets, through the post office department, in any manner
he may deem expedient and necessary.
Sec. 29. And be it further enacted, &c., That for every let¬
ter lodged at any post office, not to be carried by post, but to be
delivered at the place where it is lodged, the postmaster shall re¬
ceive six and a fourth cents from the person to whom it may be
delivered.
Sec. 30. And be it further enacted, &c., That the postmas¬
ters and persons employed in the transportation of the mail, shall
be exempt from militia duty, serving as jurors, or working on
public highways.
Sr.c. 31. Be it further enacted, &<•., That all causes of ac¬
tion arising under this act, may be sued for, and all offenders be'
prosecuted before the proper judicial officers of this republic,
they having competent jurisdiction by the laws of this republic,
of the trial of claims and demands of as great value, and crimes
178
as great extent'; and such judicial officer® shall take cog¬
nizance thereof, and proceed to judgment, and award-execution
•as in other cases.
>Sec. 32. Be it further enacted, &c., That in-all suits or cau¬
ses of action arising under this act, the courts sbaflprooeed to tri¬
al, and render judgment at the first term after such suit shall
Lave been commenced: provided, always, that whenever pro¬
cess shall not have been commenced at least ten days previous
to the return day of ^uch term, the defendant shalf be entitled
to one continuance, if the court, on the statement of such defen¬
dant, may deem it expedient: provided, also, that the defendant
in such suit shall make affidavit, that he has a elai« against the
general post office not allowed by the postmasfctr general, al¬
though submitted to him conformably to the requisitions of the
post offic.e department, and shall specify such claims in his affi¬
davit, that he. could not he prepared for the trial at such term
for the want ofevidence, the court in such case being satisfied in
those respects, may grant a continuance until the next succeed¬
ing term.
Sec. 33. Be it further enacted, &c., That it shall be the
duty of the postmaster general to report annually, of every post
road and office, which shall not from the second year have pro¬
duced one third the amount of its expenditures.
Sec. 34. Be it further enacted, &c., That a mail or post
Toute that shall be established from the location of the general
.post office to the head quarters of the army, and also from the
-general post office to Gaines'Ferry, on the Sabine, via Wash¬
ington, Nacogdoches and San Augustine; and also a post or mail
coutefrom Velasco, via Brazoria, Columbia and Washington, to
Viesca; and also another route from Liberty, via Jasper and San
Augustine, to Nashville in Shelby county, said routes to go into
operation under this act, so soon as a contract can be made by
the postmaster general for transporting the mails; and the post¬
master general shall regulate and determine as to the roads on
which the said mails shall be carried, how often, and all other
arrangements relating thereto, as he may think proper.
Sec. 35. Be it further enacted, &c., That the sum of one
thousand dollars is hereby appropriated for the purpose of facil¬
itating the transportation of the said mails, to be paid out of any
money not otherwise appropriated. IRA INGRAM^
Speaker of the house of representatives.
RICHARD ELLIS,
President pro- tem. of the senate.
Approved,.Dec. 20, 1836. SAM. HOUSTON.
ltfl
JOINT RESOLUTION,
For the Relief of Messrs. Hooper and Wright.
Whereas Messrs. Hooper and Wright were, at the time they
were required to take their seats in congress serving «*i tour of
duty in the army of Texas, and had not quite served out the
term of three months, for which they had volunteered, Hooper
lacking fourteen days, and Wright twenty-one, by which cir¬
cumstance, they are depiived of the privilege of drawing bounty
lands:
Sec. 1. Beit therefore, resolved hp the Senate and House of
Representatives of the. Republic of Texas, That Richard Hooper
and George W. Wright shall have the same pay in lands that
they would have been entitled "to, had the;- served out their full
time; and the proper officersare hereby authorized to issue cer¬
tificates for the same.
IRA INGRAM,
Speaker of the Jwuse $f rejirescnla lives.
RICHARD ELLIS,
President pro tam. of the senate.
Approved, Deo* 20, 1830.
SAM. HOUSTON.
AN ACT '
For the election of Sheriffs, Coroners and Constables, and defining
their ^several duties.
Sec. 1. Be it enacted by the senate and house of representatives
of the republic of Texas in congress assembled, That there shall
be elected on the first Monday of February, eighteen hundred
and thirty-seven, and at the end of every two years thereafter,
by the qualified electors of each county of this republic, one
sheriff, who shall be commissioned by the president and shall
hold his office for a period of two years. Every person so elect¬
ed sheriff, before he enters upon the duties of the office, shall
take the oath prescribed by law for all officers of the govern¬
ment; and shall enter into bond, with two or more securities, to
be approved by the chiefjustice oi tiie county court, payable to
the president and his successors in office, in the penalty herein¬
after specified, conditioned that he shall well and truly collect,
and pay over to the persons authorized by law to receive the
same, all taxes, fines, forfeitures and amercements due to (he rc-
ISO
'public, or any county within the same, from any person residing
within the county of which he is sheriff*, and that he shall well
and truly execute, and due return make, of all process and pre*
cepts to him lawfully directed, and pay and satisfy all sums of
money by him received, by virtue of any such process or pre*
"cepts, to the persons to whom the same are due, or their lawful
attorney*, and that he shall faithfully perform all the duties re*
■quired of him by law, by virtue of his office of sheriff. The chief
justice of the county court shall endorse on said bond his appre*
val of the securities, and a certificate that he has administered
the'oath of office to the sheriff; and shall cause the said bond,
with the endorsements, to be recorded in the office of the clerk
of the county court, and deposite it in the office of the clerk of
the district court. Said bond shall not lie void on the first re¬
covery, but may be put in suit from time to time, until the whole
amount of the- penalty thereof be recovered.
Sec. 2. When any person elected sheriff shall have given
bond as'required by this act, he may enter immediately upon
the discharge of his duties, and his acts shall be as valid in law
before receiving his commission from th«president as afterward.
Sec. 3. The sheriffs of the several counties of the repub.
lie shall enter into bond, with security, in the following sums, to
■wit:-—The sheriff of Austin, in the sum of five thousand dollars;
the sheriff of Brazoria, in the sum of five thousand dollars; the
sheriff of Bexar in the sum of five thousand dollars; the sheriff
of Colorado in the sum of five thousand dollars; the sheriff of
f»»nzalesin the sum of five thousand dollars; the sheriff of Go¬
liad in the sum of five thousand dollars; the sheriff of Harrisburg
in the sum 01 nvc th?usaPfi dollars; the sheriff of Jasper in the
sum of five thousand dollars; the sheriff of Jefferson in the sum
of five thousand dollars; the sheriff of Jackson in the sum of
five thousand dollars; the sheriff of Liberty in the sum of five
thousand dollars; the sheriff of Mina in the sum of five thousand
dollars; th« sheriff of Milam in the sum of five thousand dollars;
the sheriff of Matagorda in the sum of five thousand dollars; the
sheriff of Nacogdocj»«s in the sum of five thousand dollars;
the sheriff of Red River five thousand dollars; the sheriff of
Refugio in the sum of five thousand dollars; the sheriff of Sa¬
bine in the sum of five tho and dollars; the sheriff of Shelby in
the sum of five thousand dollars; the sheriff of San Augustine
in the turn of five thousand dollars; the sheriff of San Patricio
in the sum of five thousand dollars; the sheriff of Victoria in
the sum of five thousand dollars; the sheriff of Washington in
he sum of five thousand dollars.
m
Sftc. 4. Whenever any person elected sheriff shall neglect
or refuse to take the oath of •ffice, and enter into bond as re¬
quired by this act, within twenty daps after notice thereof, such
election shall be deemed void; and the chief justice of the
county court shall order a new election.
Sec. 5. Whenever any of the securities of a sheriff shall
romovc permanently from this republic, or become insolvent, it
shall be the duty of the chief justice of the county court to no¬
tify such sheriff to appear before him, at a certain day and place,
and give a new bond, with other good and sufficient securitiy,
in a penalty equal to the former bond/ and if such sheriff shall
neglect or refuse so to do, he shall Tvacate his office, and the
chief justice of the county court shall order a new election*
Sec. 6. Sheriffs shall- have power to appoint by writing
under their hand rnd seal, one or more deputies for their res¬
pective counties, to continue in office during the pleasure of the
sheriff; which deputies,"so appointed, shall have power and au¬
thority to perform all the acts and duties required of their prin¬
cipals; and every person so appointed, before he enters upon the
duties of his office, shall take the oath of office required by law,
of all officers, which shall be certified by the justice who admin¬
isters the same, on the back of his appointment; which appoint¬
ment and certificate shall be filed and kept in the office of the
clerk of the county court.
Sec. 7. Every sheriff within his county, by himself or his
deputy, shall execute all writs and other process to him legally
issued and directed from any justice of the peace or court of re¬
cord, and shall make due return thereof to the proper court, on
the day to which the same is returnable; and any sheriff who
shall fail herein, or shall make a false return on any writ or
other process, shall, for every such offence be fined by the court
to which such writ or other process is returnable, in any sum not
exceeding one hundred dollars, on motion, reasonable notice
thereof being given to each sheriff. One moiety of said fine
shall go to the party aggrieved, and the other moiety to the
county treasury; and such sheriff shall, moreover, be liable to
the party injured, for all damages he may sustain thereby.
Sec. 8. The sheriff of any county shall have the same rem¬
edy against any deputy for neglect of duty, that any person
can have against a sheriff
Sec. 9. Every sherfff and deputy sheriff shall endore on
all writs or other process whatever, which they may rerve, the
date when they served the same, and sign it officially.
m
Sec. 10. It shall be the duty of every sheriff to keep the
peace within his county, to quell and suppress all affrays, riots,
and unlawful assemblies; for which purpose, he is empowered to
call to his aid the power of the county. He shall pursue, appre¬
hend and commit to jail, all persons charged with crime; and he
may take recognizances, with good and sufficient security, of
any person he may arrest, where the crime charged is not pun¬
ishable with death, in a reasonable penalty, conditioned for the
appearance of such offender before the first term of the proper
court. He shall attend upon all courts of record within the
county, and perform all otheY duties required by law of sheriffs
within this republic.
Sec. 11. Whenever the sheriffs or any of their deputies
shall meet with resistance in the execution of any legal process,
they shall call to their aid the power of the county; and any per¬
son who shall neglect or refuse to aid and assist any sheriff or
deputy, in the execution of any legal process, when summoned
by them so to do, shall forfeit and pay for the use of the county
treasury,the sum often dollars for each and every offence, reco¬
verable by motion before the county court, reasonable notice
being given to the party accused.
Sec. 1*2. It shall be the duty of the sheriffs to supply all
prisoners confined in the jails of their respective counties, who
are unable to supply themselves with sufficient wholesome food,
drink and bedding, and, when necessary, with fire, which shall
be at the expense of the republic; and the certificate of the court
having cognizance of the offence, with which the prisoner is
charged, shall be a sufficient voucher for the auditor of public
accounts to audit the same, and to issue a warrant therefor.
Sec. 13. The sheriffs of|the several counties shall keep
their offices at the place designated by law for holding courts
within their respective counties.
Sec. 14. It shall be the duty of the sheriffs to receive from
constables and other officers, all persons who shall be apprehen¬
ded by such constables or other officers, for offences against the
republic, and keep them, subject to the order of the proper
court. And any sheriff neglecting or refusing so to do, shall be
deemed guilty of a misdemeanor, and on conviction, shall be fined
at the discretion of the court before whom such conviction shall
be had.
Sec. 15. Whenever any sheriff shall from any cause, va¬
cate his office, all writs, process or unfinished business whatsoev¬
er, shall be transferred to his successor, and completed by him,
in the same manner asifcommenced by himself.
183
Sec. 16. It shall pe the duty of all sheriffs heretofore act-
ing, to transmit to their successors, all unfinished business in their
hands; and any sheriff neglecting or refusing so to do, shall be
proceeded against in the same manner and under the same pen¬
alties, as provided by the eleventh section of the "act establish¬
ing the jurisdiction and powers of the district courts," for pro¬
ceeding against the primary judges.
CORONERS.
Sec. 17. There shall be elected in each county of this re¬
public, one coroner, at the same time and in the same manner,
as elections for sheriffs are directed to be held fcy this act, who
shall hold his office for a period of two years. Before entering
upon the duties of his office, he shall take the oath of office pre¬
scribed by law for all officers, and shall enter into bond, with
good and sufficient security, to be approved by the chief justice
of the county court, in the penalty of one-fourth of the sum
required of the sheriffs of the same county, payable to the pre¬
sident and his successors in office, conditioned for the faithful
performance of the duties required of him by law by virtue of
his office; which bond shall be recorded, and deposited in the
office of the clerk of the county court, and may be sued on and
recovery had in the same manner, as the bonds of sheriffs
Sec. 18. The provision of the fourth and fifth sections of
this act, shall apply equally to all coroners as to sheriffs.
Sec. 19. Every coroner shall take inquests of all violent,
sudden and casual deaths, which shall come to his knowledge,
within the county; for which purpose, he shall make out a pre¬
cept, directed to any constable of the county, requiring him to
summons twelve good and lawful men, of the same county, to
appear before him at a certain time and place, for the purpose
of holding an inquest.
Sec. 20. The constable to whom such precept may be
directed, shall execute the same forthwith, and nrmke return,
with his proceedings endorsed thereon, to the coroner who is¬
sued it. It shall be the duty of the coroner, to report every con¬
stable who neglects or refuses to execute the duties required by
this act; and every person summoned as a juror or witness, ac¬
cording to the provisions of this act, who shall fail to appear, to
the next term of the county court; and said court shall,unless a
reasonable excuse be offered, fine them in any sum not exceed¬
ing one hundred dollars, which fine shall go into the county
treasury.
17
1S4
Sec. 21. The coroner shall swear or affirm the jurors, dil¬
igently to inquire, and true presentment make, on behalf of the
republic-, how and in what manner, the person came to his death,
and all the particulars respecting the same.
Sec. 22. Every coroner may issue summons for witnesses
to come before him, and declare on oath their knowledge con¬
cerning the matter in question \ and coroners shall administer
the oath to all such witnesses.
Sec. 23. If any person be found guilty by inquisition tak¬
en in the manner prescribed by this act, and is not in custody,
the coroner shall issue his warrant, directed to any officer au¬
thorized to serve process, to apprehend such persons and their
accessaries, and take them before any justice of the peace, who
shall deal with them according to law.
Sec. 24. Upon any inquisition found before a coroner,
where any person shall be charged with the crime of murder
or manslaughter, or as accessary thereto, eitheF before or after
the commission, the coroner shall put in writing so much of
the evidence as shall he material to prove the fact, and shall
bind all material witnesses by recognizance, to appear before
the next term of the district court for the county, then and
there to give evidence against such offenders; and the coroner
shall certify by writing, the evidence and recognizance so taken,
together with the inquisition found, to the next term of the dis¬
trict court.
Sec. 25. When from any cause, there shall be a vacancy
in the office of sheriff, or the sheriff shall be a party or interest¬
ed in any suit, or in any manner disqualified to act in a particu¬
lar case, the coroner of the county shall, during the time of such
vacancy, or in such cases where the sheriff is disqualified to act,
perform all the duties appertaining to the office of sheriff, in the
same manner and under the same penalties, as prescribed for
sheriffs; and shall receive the same fees as sheriffs, for all such
duties.
Sec. 26. Any coroner who shall neglect or refuse to per¬
form the duties required of him by this act, shall for every such
offence, forfeit and pay the sum of two hundred dollars, recovera¬
ble by motion, before the county court, one moiety of which fine,
shall go to the informer, and the other to the county treasury.
Sec. 27. Whenever the coroner cannot be conveniently
had, to hold an inquest upon the body of any person coming to
an untimely death, it shall be the duty of the nearest justice of
the peace within the district where the body shall be found, to
185
perform all the duties required of a cQroner by this act in such
cases; and such justice shall be liable to the same penalty, as
coroners for neglect of such duties. The justice shall receive
the same fees as coroners for the like duties, and any inquest so
taken and returned, shall be as effectual in law, as if taken and
returned b,y a -coroner.
CONSTABLES.
Sec. 28. There shall be elected by the qualified electors
of each captain's militia district, one'oonstable for their respec¬
tive districts. Said election shall be held on the same day as the
elections for justices of the peace are directed to be held by law.
Sec. S9. Constables shall hold their offices for a period of
two years; and every constable before entering upon the duties
of his office, shall take the oath prescribed by law for all officers,
"and shall enter into bond, with good and sufficient security, to
he approved by the chief justice of the oounty court, in such
penalty as said chief justice shall direct, not being less than five,
nor more than fifteen hundred dollars, payable to the president
and his successors in office, conditioned for the faithful perform¬
ance of all the duties required of Mm by law, by virtue of his
office; which bond, with the certificate of the oath, by some jus¬
tice, endorsed thereon, shall be recorded and filed in the office
of the clerk of the county court, and may be sued on in the same
manner as sheriffs bonds.
Sec. 30, When any person elected constable, shall fail to
qualify himself according to the provisions of this act, within
twenty days after receiving notice thereof, such election shall be
deemed void, and the chief justice of the county court shall or¬
der a new election.
Sec. 31. It shall be the duty of every constable to keep
and preserve the peace within his district; to aid, assist in exe~
cuting the criminal laws of the republic; to give information,
without delay, to some justice of the peace or other proper offi¬
cer, of every violation of the penal laws of the republic, which
shall come to his knowledge. He shall execute and return all
warrants and other process, lawfully directed to him by any jus¬
tice of the peace, or other proper officer according to the com¬
mands thereof; and pay over all monies when collected by him,
to the justice of the peace or the person lawfully authorized to
receive the same; and in the execution of all:process, he shall
be governed by the same regulations, and; subject to the same
penalties,.prescribed by law, fqr. sheriffs..
186
Sec. 32. Every constable or other officer, who shall re*
iceive any money upon any execution directed to him by any
justice of the peace, and shall not pay the same to the justice or
person legally authorized to receive the same, upon the return of
the execution, may be proceeded against by motion before such
justice, in the same manner as provided by law against sheriffs,
before the courts of the republic.
Sec. 33. Every constable who shall demand and receive
any fee or compensation to which he is not by law entitled, shall,
for every such offence,, forfeit and pay to the party injured, one
hundred dollars, recoverable by motion before the county court,
ten days previous notice being given to such constable.
Sec. 34. Any person duly elected constable, who shall
neglect or refuse to discharge the duties of the office, shall for¬
feit and pay for the use of the county treasury, the sum of fifty
dollars, recoverable by motion, before the county court.
Sec. 35. It shall be the duty of the chief justice of the
county court, to cause elections to be held in their respective
counties, for the election of all the various county officers creat¬
ed by this act, or any other act of this congress.
Sec. 36. And, be it further enacted, S/e. That the sheriffs of
the respective counties, shall be collectors of taxes in said coun¬
ties; and it shall be their duty, at the same time and in the same
manner, aiftl to the same person that they give their bond as
sheriffs, to give an additional bond as collector of taxes, in the
sum of five thousand dollars, to be augmented at the discretion
of the county courts for their respective counties.
Sec. 37. And be it further enacted, &c. That said sheriff
and collector shall, for the first one thousand dollars which he may
collect in the taxes of any one year, receive as his compensation
for the same* five per cent; and for all additional sums, two and
a half per cent.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tem. of the senate.
Approved, Dec. 20, 1837.
SAM. HOUSTON.
187
AN ACT
Punishing Crimes and Misdemeanors.
Sec. 1. Be it enacted by the senate and house of representa¬
tives of the republic of Texas in congress assembled, That every
person owing allegiance to this republic, who shall levy war
against it, or adhere to its enemies, giving them aid and support,
or shall carry on any treasonable or treacherous correspondence
with them, shall be deemed guilty of treason, and on conviction
thereof by the testimony of two credible witnesses to the same
overt act, of which such person shall be indicted, or upon the
voluntary confession of the party accused, in open court, shall
suffer death.
Sec. 2. Every person of sound memory and discretion,
who shall wilfully and maliciously kill any person within this re¬
public; or shall aid, abet, or instigate the killing of any person
as aforesaid, shall be deemed guilty of murder, and on convic¬
tion thereof, shall suffer death.
Sec. 3. Every person who shall kill another without pre¬
meditated malice, shall be deemed guilty of manslaughter, and
on conviction thereof, shall be imprisoned such length of time
as shall be adjudged by the court, not being less than one year
nor more than ten years, and may be branded with the letter
M, in such place as the court shall direct.
Sec. 4. Upon all indictments for murder or manslaughter,
if it shall be found by the verdict of a jury, that the party indict¬
ed, killed the person for whose death he is indicted, in the law¬
ful defence of himself or his family, or happen to kill the per¬
son as aforesaid, in attempting, by lawful means, to arrest the
person killed for any treason or other high crime or misdemean¬
or, done and committed or hertafter to be done and committed,
or in the discharge of any duty required by law or by misfor¬
tune, then and in that case, the party indicted, shall be for the
same fully acquitted and discharged.
Sec. 5. Every person who shall wilfully and maliciously
burn any dwelling house, store, cotton gin, or authorize, shall
be deemed guilty of arson, and on conviction thereof, shall suf¬
fer death.
Sec. 6. Every person who shall steal or entice away any
slave, out of or from the possession of the owner or owners of
such slave, shall be deemed guilty of felony, and; on conviction
thereof, shall suffer death,.
17*
188
Sec. 7. Every person who shall by force or violence, have
sexual connexion with another, contrary to the will of such per¬
son, shall be deemed guilty of rape, and on conviction thereof,
shall suffer death.
Sec. 8. Every person who shall by force or violence, felo¬
niously take from the person of another, any goods, money, or
other article of value, shall be deemed guilty of robbery, and on
conviction thereof, shall suffer death.
Sec. 9. Every person who shall break and enter into any
dwelling house or store, by night, and feloniously take therefrom
any goods, chattels, money or other articles of value shall be
deemed guilty of burglary, andon conviction thereof, shall suf¬
fer death.
Sec. 10. Every person who shall be accessary before the
fact, to any murder, arson, rape, robbery or burglary, on convic¬
tion thereof, shall suffer death.
Sec. 11. Every person who shall be accessary after the
fact to any murder, arson, rape, robbery or burglary, shall on
conviction thereof, be fined in any sum not exceeding one thous¬
and dollai s at the discretion of the court, and may receive thir¬
ty-nine lashes on the bare back at the discretion of the court.
Sec. 12. Every person who shall feloniously take, steal
and carry away any goods, chattels, moneys or other article
of value,, under the value of twenty dollars, or shall be accessa¬
ry thereto, shall be deemed guilty of petit larceny, and on con¬
viction thereof, shall restore to the owner the goods, chattels, mo¬
ney or other article of value so stolen, or pay the value there¬
of to such owner, and shall receive any number of lashes on the
bare back, not exceeding thirty-nine at the the discretion of the
court*.
Sec. 13. Every person who shall feloniously take, steal
and carry away any goods, chattels, money or other article of
value, over the value of twenty dollars, or shall be accessary
thereto,, shall, be deemed guilty of grand larceny, andon convic¬
tion thereof, shall restore to the owner the goods, chattels, mo¬
ney, or other article of value so stolen, or pay the value thereof
to the owner, and shall receive thirty-nine lashes on the bare
bade, and be branded in the right hand with the letter T, and
may be impri$6ncd not exceeding one year, at the discretion of
the court.
Sec/ 14. Every person who shall receive or buy any goods,
chattels, money or other article of value, feloniously taken or
stolen fporn. any. person, knowing the same to have been so taken
189
or stolen, or shall receive, harbor or conceal any felons or
thieves, knowing them to be such, shall on conviction thereof,
restore the goods, chattels, money or other article of value so
received or bought, or pay double the value thereof, and shall
receive thirty-nine lashes on the bare back.
Sec. 15. Every person who shall feloniously take or steal
any horse, mare or gelding, foal or filly, ass or mule, shall on
conviction thereof, restore the property so stolen, or pay the val¬
ue thereof, which shall be adjudged by the jury trying such offen¬
der, and shall be fined in a sum not exceeding one thousand
dollars, at the discretion of the court, and shall receive thirty-
nine lashes on the bare back, and shall be branded with the let¬
ter T, in such place as the court shall direct, and may be impri¬
soned for a term not exceeding one year, at the discretion of
the court.
Sec. 16. Every person who shall receive or buy any horse,
mare or gelding, foal or filly, ass or mule, that shall have been
feloniously taken or stolen, knowing the same to have been so
taken or stolen; or shall harbor or conceal any horse or mule
stealer, knowing them to be such, shall on conviction thereof, by
the testimony of one or more creditable witnesses, suffer the pun¬
ishment of fine, whipping and branding, as prescribed in the
preceding section, and may be imprisoned for any term not ex¬
ceeding six months, at the discretion of the court.
Sec. 17. Every person who shall feloniously take or steal
any neat cattle, hog, sheep or goat, shall on conviction thereof,
pay to the owner the full value of such property, which shall
be adjudged by the jury trying such offender, and shall receive
thirty-nine lashes on the bare back.
Sec. 18. Every person who shall assault another with in¬
tent to commit murder, rape or robbery, shall on conviction
thereof, be fined at the discretion of the court, and be imprison¬
ed for a term not less than one nor more than five years, at the
discretion of the court.
Sec. 19. Every person who shall on oath or affirmation
before any judicial or other officer authorized by law to adminis¬
ter oaths, wilfully and maliciously swear falsely, shall be deem¬
ed guilty of perjury, and on conviction thereof, shall be fined in
a sum not exceeding one thousand dollars, at the discretion of the
court, and shall receive fifty lashes on the bare back, and be
thereafter incapable of giving testimony in any court of this re¬
public, until such time as the judgment against such offender be
removed.
190
Sec. 20. Every person who shall unlawfully and corrupt¬
ly, cause or procure any person to commit peijsury, shall be deem¬
ed guilty of subornation of perjury, and on conviction thereof,
shall be punished in the same manner as prescribed in the pre¬
ceding section for perjury.
Sec. 21. Every person who shall wilfully and maliciously
cut, maim, or otherwise injure or disable the body of another,
shall on conviction thereof, be fined in any sum not exceeding
one thousand dollars, and may receive any number of lashes not
exceeding thirty-nine, at the discretion of the court.
Sec. 22. Every legally married person who shall marry
another person, the former husband or wife being alive, shall
be deemed guilty of a high misdemeanor, and on conviction
thereof, shall be imprisoned for a term not exceeding two years,
and be fined at the discretion of the court: provided, that no¬
thing in this section shall extend to any person whose husband
or wife shall have absented himself or herself, the one from the
other for a period of five years together, the one of them not
knowing the other to be living within th&t time, nor to any per¬
son who shall at the time of such marriage, have been legally
divorced.
Sec. 23. Every man and woman who shall live together
in adultery or fornication, shall be deemed guilty of a high mis¬
demeanor, and on conviction thereof, shall be fined in any sum
not less than one hundred nor more than one thousand dollars,
and may be imprisoned for any term not exceeding one year, at
the discretion of the court.
Sec. 24. Every person who shall counterfeit, or cause or
procure to be forged or counterfeited, or shall wilfully aid or as¬
sist in the forging or counterfeiting, any- gold or silver coin,
which now is or hereafter may be in circulation in this republic,
or shall falsely utter, pay or offer in payment or sale, any such
forged or counterfeited coin, knowing the same to be forged or
counterfeited, shall on conviction thereof, suffer death.
Sec. 25. Every person who shall falsely make, utter, forge
or counterfeit, or cause or procure to be falsely made, altered,
forged or counterfeited, or wilfully aid or assist in the false mak¬
ing, altering, fojging or counterfeiting any letters patent, gift,
grant, bond, writing obligatory, bill, order or acceplance, of
such bill or order, note of any bank within or without this repub¬
lic, receipt, promissory note, will, indenture, deed or contract,
with intention to defraud any person, or shall utter, put off or of¬
fer, or cause the same to be put oflf^ uttered or offered in payment
M
or for sale, with intention to defraud any person, knowing thd
same to be false, .altered, forged or counterfeited, shall on conv.
viction thereof, suffer death.
Sec. 26. Every person who shall feloniously steal, take
away, deface, utter or falsify any record, writ, process, or other
proceedings, in any of the courts of this republic, or any office
for record, shall on conviction thereof, be fined in a sum not ex¬
ceeding one thousand dollars, at the discretion of the court, and
shall receive fifty lashes on the bare back, at the discretion of
the court.
Sec. 27. Every person who shall mark or brand any uiij
marked or unbranded horse, mare or colt, ass, neat cattle, sheep?
hog or goat, not being his own property, and without the con¬
sent of the owner, shall on conviction thereof, pay a fine not ex¬
ceeding fifty dollars, for every animal so marked or branded, and
may receive any number of lashes on the bare back, not exceed¬
ing thirty-nine at the discretion of the court.
Sec. 28. Every person who shall alter or deface the mark
or brand of any horse, mare, colt or mule, ass, neat cattle, hog
sheep or goat, not his own property, and without tke consent o^
the owner, shall on conviction thereof, pay a fine not exceedin^
fifty dollars, for every animal so altered or defaced, and shall re*
ceive thirty-nine lashes on the bare back, at the discretion of"
the court.
Sec. 29. Every person who shall sell the flesh of any an¬
imal dying otherwise than by slaughter, or slaughtered when
diseased; or any baker, brewer, distiller or other person, who
shall sell unwholesome food or drink, shall on conviction there¬
of, be fined in such sum as shall be adjudged by the court before
which such offender is tried; and for the second offence, shall,
in addition to such fine, receive thirty-nine lashes on the bare
back.
Sec. 30. Every person who shall bear false witness, wil¬
fully and of purpose, to take away any person's life, and the life
of any person be taken away in consequence of such false wit¬
ness, he shall on conviction thereof, suffer death. But if no per¬
son's life shall be taken in consequence of such false witness, he
shall, on conviction as aforesaid, be punished as in this act is pre¬
scribed for the punishment of perjury.
Sec. 31. Every person who shall steal or sell any free per¬
son for a slave, knowing the person so stoleq or sold t<? be free,
ghall on conviction thereof, suffer death.
jSpc, 39. Every person who shall cqt, fell, alter or remove^
192
t>r cause to be cut, felled, altered or removed, any certain boun¬
dary, tree or other allowed land mark, to the wrong of any othef
■person, shall on conviction thereof, be fined in any sum not Jess
than fifty nor more than five hundred dollars, and may receive
any number of lashes on the bare back, not exceeding thirty-nine
at the discretion of the court.
Sec. 33. Every person prosecuted for writing or publish¬
ing any libel, shall be allowed upon the trial, to give in evidence,
in his defence, the truth of the matter contained in the publica¬
tion charged as libellous.
Sec. 34. Every person convicted of writing or publishing
a libel, to be fined in such sum, and be imprisoned such length
of time, as shall be adjudged by the court before whom such
conviction shall be had.
Sec. 35. No man shall marry his mother, his father's sisjj
ter, his mother's sister, his sister, his daughter, the daughter of
hi3 brother or sister, the daughter of his son, or daughter, his
father's wife, his son's wife, his wife's daughter, the daughter of
his wife's son, or daughter. No woman shall marry her father,
her father's brother, her mother's brother, her brother, her
son, the son of her brother or sister, the son of her son or daugh¬
ter, her mother's husband, her daughter's husband, her hus¬
band's son, the son of her husband's son, er daughter. Who¬
ever shall commit any offence mentioned in this section, shall
be deemed guilty of incest, and on conviction thereof, shall be
fined in a sum not exceeding one thousand dollars, and shall be
imprisoned not exceeding two years, at the discretion of the court.
Sec. 36. No person shall be appointed to or exercise the'
powers of any office, of honor, trust or profit, in this republic,
who shall hereafter be convicted of bribery, perjury, forgery, or
other high crimes or misdemeanors.
Sec. 37. Every person who shall knowingly or wilfully
obstruct, resist or oppose any officer of this republic in serving
or attempting to serve or execute any legal or judicial process
whatsoever, or shall assault or wound any officer, or other person
duly authorised in serving or executing any process as aforesaid,
shall on conviction thereof, be imprisoned not exceeding one
year, and shall be fined not exceeding one thousand dollars at
the discretion of the court.
Sec. 38. Every person who shall by force set at liberty or
release any person convicted of any capital offence, shall on con¬
viction thereof suffer death.
$ec. 39. Every person who shall by force set at liberty
193
or rescue any person committed for any offence, before the con¬
viction of such person, shall on conviction thereof be fined not
exceeding one thousand dollars, and shall be imprisoned not ex¬
ceeding one year, at the discretion of the court.
Sec. 40. Every jailor or prison keeper who shall volunta¬
rily suffer any prisoner committed to his charge to escape, shall,
on conviction thereof, suffer the same punishment and penalties,
as the prisoner so escaping should have suffered, had he been
convicted of the crime with which he stood charged, and every
jailor or prison keeper, who shall through negligence, suffer
any criminal to escape, shall, on conviction thereof, be fined at
the discretion of the court, before whom such conviction shall
be had.
Sec. 41. Every person convicted of an offence, the pun¬
ishment of which is (in whole or in part,) fine and imprison¬
ment by this act, who shall be convicted a second time or of-
tener for a like offence, shall be sentenced to pay at least dou¬
ble the fine, and be imprisoned at least double the time which
may have been adjudged against such offender, on the first
conviction.
Sec. 42. No person accused of any criminal offence shcfll
be set at liberty before his trial, on account of any irregularity
or informality, in the warrant of commitment, nor after arraign¬
ment, on account of any error or imperfection in the indictment
or information, but the same proceedings shall be had again as
though such person had never been arraigned.
Sec. 43. Every person indicted for a capital crime shall
have a copy of the indictment, and a list of the jury who are to
pass upon his case delivered to, him, at least two entire days be-
lor his trial, shall commence, and every person accused and in¬
dicted, shall be allowed to make his full defence by counsel; and
the court before whom such person is to be tried, shall, at his
request, assign such counsel not exceeding two, as he shall de¬
sire, who shall have free access to the accused at all seasonable
hours; and every person so accused and indicted shall have the
like ,process to compel the attendance of their witnesses as is
granted to compel the attendance of witnesses on behalf of the
republic.
Sec. 44. If any person arraigned for any crime shall not
answer to the indictment, the plea of not guilty shall be enter¬
ed for them on the record, and the court shall proceed to the
trial of such person in the same manner as if they had pleaded
not guilty.
m
Sec. 45. No person shall be prosecuted, tried or punished
for any offence, murder, arson, forgery, counterfeiting and larce
ny excepted, unless the indictment, presentment or information
for the same be found or exhibited within one year next after
the offence shall be done or committed, nor shall any person be
prosecuted for any fine or forfeiture under a penal statute, unless
the prosecution for the same shall be commenced within twelve
months from the time of incurring the fine or forfeiture: provid-
ed, that nothing contained in this section shall extend to any
person absconding or fleeing from justice.
Sec. 46. The lands, tenements, goods and chattels of any
person convicted of any crime or misdemeanor shall be liable
and subject in preference to all other demands whatsoever in the
first place in the discharge of the expenses incurred by the re¬
public or county in the prosecution and conviction of such offen¬
der, and in the next place to what restitution or reparation may
be adjudged to the injured party.
Sec. 47. For all fines assessed and costs of prosecution in
criminal cases not capital, the person convicted may stand com¬
mitted to prison by order of the court until such fine and costs
b^paid; and when it shall be made to appear to the court that
the person so committed hath no estate or means to pay such fine
and costs, it shall be the duty of the court to discharge such per¬
son from further imprisonment for such fine and costs as in its
discretion may deem proper.
Sec. 48. All recognizance taken for any breach of the
peace or in any case whatsoever, where a recognizance may be
necessary, shall be made payable to the president of the repub¬
lic of Texas.
Sec. 49. All fines and forfeitures which shall be incurred
under this act shall be collected by the sheriff of the proper
county and paid by him into the treasury of the republic.
Sec. 50. It shall be the duty of every sheriff and other
person having authority for keeping prisoners, to certify the
names of all such prisoners in their keeping, to the next term of
the court having cognizance of the offence with which such pris¬
oners stand charged.
Sec. 51. All persons shall be bailable by sufficient securi¬
ty, unless for capital crimes where the proof is evident, or pre¬
sumption strong, by any justice of the peace, before whom the
offender may be brought, before commitment, or by any judge
of the district or supreme court after commitment.
Sec. 52. The manner of inflicting the punishment of
m
death shall be by hanging the person convicted by the neck un
til dead.
Sec. 53. All fines and penalties in prosecutions for crim¬
inal offences, or for the violation of any penal statute shall be
assessed by the court before whom the offender may be tried on
the return of a verdict of guilty by the jury empanneled in such
prosecution.
Sec. 54. All offences known to the common law of Eng¬
land as now understood and practiced, which are not provided
for in this act, shall be punished in the same manner as known
to the said common law..
Sec. 55. Every person who shall kill another in a duel,
shall be deemed guilty of murder, and on conviction thereof
shall suffer death.
Sec. 56. Every person who shall be the bearer of any
challenge for a duel? or shall in any way aid or assist in any
duel, shall, on conviction thereof, be fined and imprisoned at
the discretion of the court before whom such conviction may
be had.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tem. of the senate.
Approved, Dec. 21, 183$.
SAM. HOUSTON.
JOINT RESOLUTION,
For the relief of the late Comptroller and the Clerks of the different
departments, under the Government ad interim.
Resolved by the Senate and House of Representatives of the Re¬
public of Texas, in congress assembled, That the assistant clerks
who served in the war, navy, treasury or state departments, of
the government ad interim, be,, and are hereby allowed, four
dollars per day for the time they may have served, in either of
the above departments, and the auditor, on production of satis¬
factory evidence shall audit the same.
Resolved, That the late comptroller of the republic of Tex¬
as, be, and he is hereby allowed the same salary in proportion
to the time he has acted as such, as is now allowed by law, to
18
196
the treasurer, and the said comptroller is hereby authorised, and
required to deliver over to the treasurer ah books, papers, docu¬
ments, and things appertaining and belong to said office.
IRA INGRAM,
Speaker of the house of representatives'*
RICHARD ELLIS,
President pro tern, of the senate.
Approved, Dec. 21, 1836.
SAM. HOUSTON.
JOINT RESOLUTION,
In relation to the Hon. JoKn V/oodward.
Resolved, by the senate and house of representatives of the re¬
public of Texas, in congress assembled, That this congress have
no rig\it to interfere in the vested rights of any individual, and
that the judiciary is the umpire to decide the contested claims
of individuals.
Resolved, That the services rendered the cause of liberty
in Texas, by the Hon. John Woodward, of the city of New
YorkJis gratefully acknowledged by this congress, and that his
worth and virtues render his acquisition as a citizen highly desir¬
able by this congress.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro. tcm. of the senate.
Approved, Dec. 21, 1836.
SAM. HOUSTON.
AN ACT
Appropriating Lands, to keep in operation the Post Office Depart¬
ment, during the year 1837.
Be it enacted by the senate and house of representatives of th<
republic of Texas in congress assembled, That all persons who may
hoid legal demands against the post office department of this
republic, due them on contracts with the post master general, for
197
transporting the mail any time during the year eighteen hundred
and thirty-seven, shall be entitled to, and may take the same in
land at fifty cents per acre, and by paying office fees, and for
surveying: Provided, it shall not be located in tracts of not less
than three hundred and twenty acres, in the form of a square;
or if laid on a principal water course, to front it half the distance
of the perpendicular; and the certificate of the postmaster gen¬
eral, shall be good evidence of all such claims, in any land of¬
fice of this republic: and, further provided, that no person enti¬
tled to lands under this act, shall be at liberty to locate the same,
until the expiration of six months after the land office shall have
been opened.
IRA INGRAM,
Speaker of the House of Representatives.
RICHARD ELLIS,
President pro. tempore of the. Senate.
.Approved, Dec. 21, 1836.
SAM HOUSTON.
AN ACT
Supplementary to an act, for the punishment of Crimes and Mis¬
demeanors.
Sec. 1. Be it enacted by the Seriate and House of Represen-
tives of the republic of Texas, in Congress assembled, That if any
person or persons shall introduce any African negro or ne¬
groes, contrary to the true intent and meaning of the ninth
section of the general provisions of the constitution, declaring
the introduction of African negroes into this republic, to be pi¬
racy, except such as aie from the United States of America,
and had been held as slaves therein, be considered guilty of pi¬
racy; and upon conviction thereof, before any court having
cognizance of the same, shall suffer death, without the benefit
of clergy.
Sec. 2. Be it further enacted, That if any person or per¬
sons shall introduce into the republic of Texas, any Africans or
any slave or slaves, from the United States of America, except
such slave or slaves as were previously introduced and held in
slavery in that republic, in conformity with the laws of that gov-
I OS
emment, shall be deemed guilty of piracy, and upon conviction
thereof, before any court having cognizance of the same, shall
suffer death.
IRA INGRAM,
Speaker of the House of Representatives.
RICHARD ELLIS,
President of the Senate pro tem.
Approved, Dec. 21, 1830.
►SAM HOUSTON.
AN ACT
Establishing the jurisdiction and powers of the District Courts.
Sec. I. Be it enacted by the Senate and House of Represen¬
tatives of the Republic of Texas, in Congrcsss assembled, That the
republic of Texas shall be divided into four districts, and one
judge shall be elected to each district, by join^votc of both
houses, who shall, after his appointment, reside in some one of
the counties of which his district is composed, and shall hold a
court in each, at the court-house or such other place as may be
designated by law, at the times and in the manner hereafter pre¬
scribed, and shall be commissioned by the president.
Sec. 2. A district court shall be held in each county twice
in each year, and shall commence on the days, and may con¬
tinue for the term specified, that is to say :—In the county of
Nacogdoches, on the first Monday in March and September, and
may continue in session two weeks and no longer; in the county
of Jasper, on the third Monday in March and September, and
may continue siX days and no longer; in the county of San Au¬
gustine, on the fourth Monday in March and September, and
may continue two weeks and no longer; in the county of Sabine,
on the second Mondays after the fourth Mondays in March and
September, and may continue six days and no longer; in the
county of Shelby, on the third Mondays after the fourth Mon¬
days in March and September, and may continue six days and
no longer; and in the county of Red River, on the fourth Mon¬
days alter the fourth Mondays in March and September, and
may continue two weeks and no longer. The district courts
shaH be held in. the county of Jefferson, on the first Mondays in
March and September ana may continue six days and no longer;
in the county of Liberty, on the second Mondaysin March an«l
199
September, and may continue six days and no longer; in the
county of Harrisburg, on the third Mondays in. March and Sep¬
tember, and may continue six days and no longer; in the county
of Brazoria, on the fourth Mondays of March and September,
and may continue two weeks and no longer; in the county of
Matagorda, on the second Mondays after the fourth Mondays in
March and September, and may continue six days; and in the
county of Jackson, en the third Mondays after the fourth Mon¬
days in March and September,ani may continue six days. The
district courts shall be held in the county of Austin, on the first
Mondays in March and September, and may continue in session
six days; in the county of Washington, on the second Mondays
in March and September, and may continue six days; in the
county of Milam, on the third Mondays in March and Septem¬
ber, and may continue six days; in the county of Mina, on the
fourth Monday in March and September, and may continue six
days; in the county of Cplorado, on the first Mondays after the
fourth Mondays in March and September, and may continue in
session six days; and in the county of Gonzales, on the second
Mondays after the fourth Mondays in March and September,
and may continue in session six days. The district courts shall
be holdcn in the county of Bexar, on the third Mondays in April
and October, and may continue in session six days; in the
county of Victoria, on the fourth Mondays in April and Octo¬
ber, and may continue in session six days; in the county of Goli¬
ad, on the first Mondays after the fourth Mondays in April and
October, and may continue six days; in the county of Refugio,
on the second Monday after the fourth Mondays in April and
October, and may continue six days; and in the county of
Man Patricio, on th: third Mondays after the fourth Mondays
in April and October, and may continue in session six days;
and in the absence of the judge of any of the said courts, the
sheriff of the county shall adjourn the court from day to day for
three days, at tire end of which time, if the judge does not ap¬
pear, the sherilf shall adjourn the court to the next court in
course.
Sue. 3* If from any cause, a district court shall not be
holdcn at any time thereof, or if from any cause, the business
before such court may not he determined before the adjourn¬
ment of said court, the said business of whatsoever nature re¬
maining, so undetermined, shall continue of course to the next
succeeding term.
18*
300
Sec. 4. The district courts in the several counties of this
republic, shall have original jurisdiction of all suits, of whatso¬
ever nature or description, when the matter in controversy shall
be one hundred dollars or upwards, and which are not expressly
cognizable in some other court established by law; and shall
have power to hear and determine all prosecutions in the name
of the republic, by indictment, information, or presentment for
treason, murder and other felonies, crimes and misdemeanors,
committed within their respective jurisdictions, except such as
may be exclusively cognizable before a justice of the peace, or
in some other court of this republic; and shall, in criminal cases,
have and exercise all the powers incident and belonging to a
court of oyer and terminer and general jail delivery, and gener¬
ally to do and perform all other acts, lawfully pertaining to a dis¬
trict court of this republic. And the judges of said courts and
each of them, either in vacation or term time, shall have author¬
ity to grant writs of habeas corpus, mandamus, injunctions, su¬
persedeas, and all other remedial writs known to the Jaw, not
repugnant to the constitution, returnable according to law, into
the supreme court, or either of the said district courts, as the
case may be.
Sec. 5. No person shall be sued out of the county in which
he may reside, except in the following cases:—First, in the case
of married women, who must answer in the county where her
husband resides—Second, in cases where the defendant has in¬
herited an estate, concerning which, suit is instituted—Third, in
case where a person has contracted to perform an obligation in
any particular county—rFourth, in case where the defendant has
committed some crime or offence for which a prosecution or civil,
action in damages, may be commenced—Fifth, where the defen¬
dant is a transient person—Sixth, in case where the suit is for a
slave, animal, or other moveable property, in which cases, the
defendant may be sued, in whatever county he may be found,
with said property—Seventh, in eases of guardians, tutors, cura¬
tors and administrators of air estate—Eighth, in all cases of
fraud and in case of delinquencies on the part of public officers
—Ninth, in case where land, is the object of the suit—Tenth, in
case where there may be two or more defendants residing in dif¬
ferent counties, in which case, it shall be lawful to institute the
suit in the county where cither of such defendants reside;, and
the.clerk of the court in the county where such suit is instituted,
shall direct a copy of the-petition and writ to the sheriff of the
eounty where any such defendant may reside, which shall be by
said sheriff executed and returned, as in other cases, to the court
in which suit shall be instituted.
Sec. 6. No person shall be sued as endorser or security,
unless suit has been first or simultaneously commenced a?ainst
the principal; provided, the principalis within the jurisdiction of
the courts of the republic.
Sec. 7. The style of all process, shall be the "republic of
Texas," and shall be tested in the name of the clerk of the court
from which the same may issue; and the clerk issuing the same,
shall mark thereon, the day on which it shall be issued; and the
sheriff or other officer receiving the same, shall mark thereon,
in like manner, the day he shall have received it. And every
clerk, sheriff, or other officer neglecting so to do, shall forfeit and
pay the sum of two hundred dollars, to be recovered in .any
court having any cognizance thereof, with cost, by any person
who shall sue for the same; and all original proc ess and all sub¬
sequent process issued thereon, shall be returnable on the first
day of the term next succeeding after the issuing of such pro¬
cess, and shall be executed at least five days before the return,
day thereof.
Sec. 8. It shall be the duty of the plaintiff or his attorney,
in taking out a writ or process, to file his petition, with a full and
clear statement of the names of the parties, whether plaintiff or
defendant, with the cause of action, and the nature of relief,
which he requests of the court; and the sheriff or other officer in
executing the same, shall deliver to the defendant, a copy of
said writ and petition; and if the sheriff or other officer shall fail
or neglect to return any writ to him, directed on the first day of
the term to which the same is returnable he shall be liable to be
fined for a contempt of the court, in such sum as the court may
think proper to inflict, and shall, moreover, be liable in damages,
to the party aggrieved.
Sec. 9. The judge s holding the courts aforesaid, shall so
alternate, that no one judge shall hold the courts in the same cir¬
cuit for two courts in succession, unless called on to do so by the
judge, whose duty it may be, to hold such circuit, on account of
any inability.to attend.
»Sec. 10. All process heretofore issued for an amount of
one hundred dollars and upwards, returnable to the courts of
the first instance, created by the laws of eighteen hundred and
thirfy-fo.ir, shall, by the judge of said court in each county, be
returned to the first term of the district court of their counties
respectively. And any judge of the first instance, neglecting
or refusing to comply with the provisions of this act, shall be
considered guilty of a high misdemeanor, and on conviction be¬
fore any court having cognizance of the same, be fined in the
sum of two thousand dollars; andjffiall, moreover, be liable in
damages, to the party aggrieved. And it shall be the duty of
the judges of the first instance, to transmit all causes now
pending in their courts, for a less amount than one hundred dol¬
lars to the respective magistrates, in.whose district the defend¬
ant or defendants may reside, under the penalties above ex¬
pressed.
Sac. 11. The judges of the district courts of iheir re¬
spective districts, shall have power to change the venue for the
trial of any suit, civil or criminal, on good and sufficient cause
set forth and duly supported by oath or affirmation; and when
a change of venue shall be allowed in any suit, the trial there¬
of shall be adjourned to the nearest adjoining county, which is
free from the like exceptions: Provided, that such change of
venue shall, in no instance, be allowed more than once in the
same cause or suit; and in criminal prosecutions, the right to the
change of venue, shall be confined to the party prosecuted.
Sec. I'-i. The judges of the district courts in their respec¬
tive districts, shall set apart particular days of each term, for the
trial of criminal cases; and all fines inflicted and forfeitures ac¬
cruing in the several district courts, shall go. to and be applied to
the use of the county in which they may be thus inflicted or shall
accrue; and the said judges, at their discretion, shall have pow¬
er, on the application of any person charged with a criminal
olfence, to hold a special session for the trial of such person; and
the said judge shall direct the sheriff of the county in which such
special session shall be holden, to return thereto, twenty-four
persons, qualified to act as jurors, who shall be selected in the
manner prescribed by law; any or all of whom failing to attend,
or being challenged, or set aside, a jury of the bystanders shall
be cmpannelled for the trial of the cause.
Sec. 13. The clerks of the several district courts shall
give "bond, with security, to be approved of by the county court,
payable to the president and his successors in office, in the pen¬
alty of five thousand dollars, for the safe keeping of the records,
and the faithful discharge of.the duties of his office, which bonds
shall be lodged in the office of the secretary of state, and may be
put in suit on the assignment of the president, hy the party or
parties injured in his or their own name, and shall not become
void upon the first recovery, but may from time to time, be put
in suit until the whole penalty be recovered.
Sec. 14. The records of respective courts for each pre¬
ceding day of the session, shall be read in open courts on the
morning of the succeeding day, except on the last day of the
term; on which day, they shall be signed by the judge or judges
presiding, in said court.
Sec. 15. Any party may appeal from any final judgment
or decree of any district court, during the term at which the
judgment or dec ree was rendered, to the supreme cou^t, provid¬
ed, the amount in controversy, amounts to three hundred dollars,
upon entering into bonds and security, to be approved of by the
court, in double the amount of the debt or damages in the said
suit, for prosecuting the same with effect, or performing the
judgment, sentence or decree, which the" supreme court, shall
make or pass thereon, in case the applicant shall have the case
decided against him.
Sec. 16. In suits or actions, real, personal or mixed, if
there be two or more plaintiffs or defendants, and one or more
of them should die, if the cause of action should survive to
the surviving plaintiff or plaintiffs, or against the surviving de¬
fendant or defendants, the suit or action shall proceed in the
name of the surviving plaintiff of plaintiffs against the surviv¬
ing defendant or defendants; and in all suits or actions com¬
menced, when either parly shall die between verdict and judg¬
ment, the judgment hall he entered, as if both parlies were
living; and if, on the death of any plaintiff, in actions which
survive, before verdict, the heir, legatee or devisee, executor or
administrator or legal representative of such deceased party,
shall not appear voluntarily on the return of a notice of said
death executed, and become a party to such action on or before
the second term of the court next after the death of such party
shall have been suggested on the record, such action shall be dis¬
continued, unless good cause be shown to the contrary.
fcsiac. 17. When any original process shall issue out of any
court in this republic, the plaintiff, at the return of such process,
or any lime thereafter, before final judgment, shall upon the mo¬
tion of any person interested, be ruled to give sufficient security
for all costs accruing in such suit or action; and if such plaintiff
shall fail to give such security, being thereto required within
sixty days, the suit shall be dismissed, and execution may issue
against the plaintiff, for all such costs.
2i)-l
Sec. 18. A new trial may be granted in all case?, on such
terms and conditions as the court shall direct; and no more than
two new trials shall be granted to either party in the same
Cause.
Sec. 19. When in the record of any judgment or decree
of any court, there shall be any mistake, the judge of said court
may, in open court, amend such judgment or decree, according
to the truth and justice of the case; but in all cases, the oppo¬
site part;; shall have notice of the application for such amend¬
ment.
Sne. 20. Every court shall have power and authority to
permit amendments to be made in all proceedings whatsoever,
before verdict, so as to bring the merits of the question between
the parties, fairly to a trial. Every person who shall have cause
of action against another, and who, before the clerk, shall swear
that he is too poor to pay the fees of office, shall be entitled to
receive from such clerk, all such process as may be necessary to
enable him to prosecute such suit, free of costs. And it §hall be
the duty of the judge, to appoint counsel for such person, who
shall attend to the said case "without any fee or reward; and in
case any defendant in any case, either civil or criminal, shall
swear lie is tuo poor to employ counsel, the court shall appoint
him counsel, who shall, in like manner, attend to the same, with¬
out any fee or reward.
Sec. 21. The said court shall have power to hear and de¬
termine all motions, on giving three days notice to the adverse
party, against sheriffs, coroners or other officers, for money re¬
ceived under execution or other process or order of the court,
which shall not be paid to the party entitled to the same, his
agent, or attorney, on demand. And all motions against attor¬
neys and counsellors at law for failing or refusing to pay money
received for their clients, and to give judgment according to the
laws in such cases made and provided, and under execution
accordingly, either parly may take exceptions to the opinion of
the judge, on any matter of law, and may file a bill ol exceptions
to the same; and it shall be the duty of the Judge to sign such
bill of exceptions, which shall be sent up to the supreme court
in the same manner, and on the same conditions, as presented in
the cases of appeal.
Sec. 22. In all suits or actions, the clerk at the request of
either parly, shall issue supcenas for witnesses, directed to the
sheriff or other officer of the county where such witness or
' witnesses are saicf to reside, whose duty it shall be to execute
206
the sumo, mentioning the time and place of his and their up-
pearance, the names of the parties to the suit wherein testimo¬
ny is to be given, and the party at whose instance such witness
is summoned, and every subpoena may be made returnable im'
mediately.
Sue. 23. Every witness summoned to any court, shall at¬
tend from day to day and from term to term, until discharged,
by the court: or the parly summoning him; and any witness fail¬
ing to appear, and attend as herein required, may be fined by
the court, in a sum not exceeding one hundred dollars, and shall
be liable to the action of the party summoning him, to the full
damages which he may sustain for want of the testimony of wit¬
ness. Every witness shall receive as a compensation, one dol¬
lar and a quarter per day, that he shall so attend, and six cents
for every mile that he shall travel in going and returning, and
shall receive from the clerk of the court a certificate for the
same, which shall be taxed, and collected as costs. In criminal
prosecutions the same rule shall apply to witnesses as is required
in civil cases, they shall receive the same compensation, and the
same certificate, which shall be paid by the defendant on con¬
viction, or if on conviction the defendant shall be unable to
pay the costs, the witness appearing on behalf of the republic,
shall be paid out of the treasury of the same, and the certifi¬
cate of the clerk shall he a sufficient voucher to authorise the
proper officer to issue his warrant on the treasurer for the said
sum: hut there shall not be allowed in the bill of costs, a charge
for more than two witnesses, for the proof of any one particu¬
lar fact.
Sec. 24. Witnesses shall be privileged from arrest in all
cases except treason, felony and breaches of the peace, during
their attendance on any court, and in going to and returning
therefrom, allowing one day for every twenty-five miles from
their place of abode.
Sec. 25. Any witness refusing to give evidence upon oath
or affirmation to the best of his or her knowledge, shall be com¬
mitted to prison by the court or other person authorized to take
his*or her testimony, there to remain without bail until he or
she shall give such evidence.
Sec. 26. All negroes, mulattoes, Indians, and all other
persons of mixed blood, descended from negro or Indian ances¬
tors, to the third generation inclusive, though one ancestor of
each generation may have been a white person, shall be incapa-
206
ble in law to be witnesses in any case whatsoever, except for
"and against each other.
Sec. 27. When any witne:s shall be about to depart the
country, or by age, sickness or otherwise, shall be unable to at¬
tend the court, upon affidavit thereof in open court, or before
the clerk in his office, or before any judge or justice of the coun¬
ty; the clerk of the court in which any suit is or may be depen¬
ding, may, on request of either party, issue a commission for tak¬
ing the deposition of such witness, to be read as evidence at
the trial, in case the witness should be unable to attend; but the
party obtaining such commission shall give reasonable notice to
the other party, of the time and place of taking the deposition,
otherwise, the same shall be null and void.
Sec. 28. When any plaintiff or defendant in any suit de¬
pending in any court of this republic, shall wish to have the ben¬
efit of the testimony of any of the judges of the supreme court,
or any other officer of the government, who, on account of his
official duties cannot attend court to give testimony on the trial
of such suit, the party wishing the benefit of the testimony of
such judge or other officer, may, on application to the clerk of
the court in which suit is depending, obtain a commission to
take the deposition of such judge or other officer, which shall be
read in evidence on the trial of such case; provided, the adverse
party have reasonable notice of the time and place of taking
such deposition or depositions.
Sec. 29. When either plaintiff or defendant to any suit
pending in court, shall desire to take the testimony of any wit¬
ness absent from or residing without the limits and jurisdiction of
the republic, such party may take the same by interrogations on
making oath or affirmation, as the case may be, of the residence
or absence as aforesaid, of such witness, before any one of the
judges or clerk of the court; and also that he believes the testi¬
mony materia] to his claim or defence; and the said judge or
clerk shall issue a commission to two or more commissioners to
cause the witness or witnesses named in such commission, to ap¬
pear before them at such time and place as they shall direct;
jor ii 'ed, that the party applying for such commission shall file
his, her, or their interrogatories in the clerk's office, and serve the
oppoii; party, or his, her or their attorney, with a copy thereof
with notice of the day on which the commission will issue, at
least ten days before the commission shall issue, in which time
the op ( site party may file his. her, or the interrogatories, and
a certified copy of such interrogatories if any there be, shall ac-
907
Company such commission, and if a;;/ deposition taken as afore¬
said, shall contain any testimony but the answers to such inter¬
rogatories, the same shall be deemed surplusage and shall not be
read in evidence; and any question pat to the witness or witness¬
es in such interrogatories, and the answers thereto, shall be sub¬
ject to all legal objections on the trial of the cause in which any
deposition is taken as aforesaid, and may be admitted or rejected
by the court in the same manner as if the witness or witnesses
were present in court, which deposition must be sworn or affirm¬
ed to, and as such certified to by the commissioners or a majori¬
ty of them, and shall be sealed up and directed to the clerk of
the court from which the same i ssuocl^ cl nd shall be opened in
open court, under the direction of the court.
Sbc. 30. Any witness residing within this republic, after
being duly summoned according to law, to appear before any
court or at any other place, where his or her attendance may be
lawfully required, shall fail or refuse to attend and testify, such
court or other authority before whom such witness is summoned
to attend, shall issue a warrant, or attachment directed to the
sheriff or other proper officer of the county, where such witness
is to be found, to compel his or her attendance.
Sec. 31. It shall be the duty of the judge of the first in¬
stance, in every county, and in his absence t ie second judge,
and in his absence the alcalde, to take down in writing the
name of every freeholder or householder in his county, which
list shall be filed in the office of the clerk of the county, and dis¬
trict courts, and the names shall be seperated and putin a box,
kept by the clerk for that purpose; and there shall be drawn by
the clerk and sheriff of each county from said box, in presence
of the said judge or alcalde, one by one, the names of thirty-
six persons, to serve as jurors at the next succeeding term of
said court, which names so drawn shall be entbred on record by
the clerk, and the clerk shall issue a venire facias accordingly,
Returnable to the next term of said court, and it shall be the du¬
ty of the sheriff, at least five days before the term, to summon
the jurors named in such venire facias, either by giving them
personal notice, or leaving a written notice at their usual place
of abode, to attend according to such summons; and every juror
being summoned as aforesaid, who shall not attend, shall be lia¬
ble to a fine, not exceeding one hundred dollars, uuless good
cause for his non-attcndance be shown on or before the first day
of the regular term next after such default; or before final judg¬
ment, on a notice issued against such defaulting juror; and if
30&
good cause be shown, the fine shall be remitted withoof pay
ment of costs. *
Sec. 32. At the Erst session of any court, and ever after¬
wards, the jury shall be drawn in open court by the sheriff and
clerk in the same way, and with the same conditions and pen¬
alties as prescribed in the foregoing section, and if for any cause
the jury should net be so drawn, the s.uid clerk and sherilf shall',
in the presence of a justice of the peace, proceed to- draw in1
tike manner, the said jury so required; and in all cases if the
person or persons so drawn shall have removed from the coun¬
ty, the drawing shall continue until a proper number of resident
jurors are obtained, and the names of the jurors drawn shall be
put into a separate box, to be kept separate until all are drawn ;
and if the clerk or sheriff shall be guilty of any fraud or partia¬
lity in such drawing,-they shall be deemed guilty of a misdemean¬
or, and punished accordingly.
Sec. 33. From the whole number of jurors furnished as
aforesaid, and attending tire district court of any county, there
shall be drawn by lot not more than twenty, nor less than thir¬
teen, who shall constitute the grand jury, for the term of the
court to which they aFe summoned, and shall be sworn to enquire
of, and present all treasons, murders, felonies, or other misde¬
meanors whatsoever, which shall have been committed or done
within the county for which they are ompannelled. From the
said grand jurors the court shall appoint a foreman, administer
to him an oath in the presence of the other grand jurors. "You,
a foreman of the grand jury shall diligently enquire into, and
true presentment make, of all such matters and things as shall
be given you in charge, or otherwise come to your knowledge
touching the present service, you shall present no person through
malice, hatred or ill will; nor shall you leave any unprcsented
through fear, favor or affection, or for any reward, hope or pro¬
mise thereof; but in all your presentments you shall present the
truth, the whole truth, and nothing but the truth, according to
the best of your skill and understanding, so help you God."—
And the other jurors shall take the following oath: "The same
oath that your foreman has taken before you on his part, you,
and each of you, shall well and truly observe and keep on your
parts, so help you God."
Sec. 34. No sheriff or other officer shall execute any suit
or process on the body of any juror during his attendance, or
going to and returning from any district or county court, and
any process so executed shall be void.
309
Sec. 35. Should a sufficient number of jurors of the •origin¬
al panel not be in attendance, the grand jury or petit jury may,
by order of the court, be filled up by the by-standers, who
shall be sworn, as if of the original panel.
Sec. 36. The jurors for their services shall receive one
■dollar and a half each day they may serve, to be paid out of the
county treasury, and shall receive a certificate in like manner,
from the clerk as witnesses.
Sec. 37. If, during the trial of any civil case or criminal
prosecution, the juror or jurors should from any cause become
unable to serve, the sheriff, by order of the court, shall summon
instanter such number of jurors as may be necessary to fill such
vacancies, who shall be sworn as the other jurors, and the trial
commenced de novo.
Sec. 38. In civil cases, either the plaintiff or defendant
may challenge three jurors without shewing any cause for the
same*, and in all prosecutions for offences not capital, the party
prosecuted shall have the right of challenging four jurors, with¬
out shewing any cause for the same, and in all prosecutions of a
capital nature, the party prosecuted may challenge twenty ju¬
rors without shewing any reason for the same.
Sec. 39. The jurors belonging to the original panel who
may be in attendance, shall be sworn in chief to try all causes
that may be submitted to them during the term of said court*,
■and a talisman shall be sworn separately to try each cause, or
for the day as the court may determine, and any talisman sum¬
moned by the sheriff to attend as a juror, and refusing so to do,
may be fined by the court in any sum not exceeding twenty dol¬
lars, and the clerk shall be ordered to issue execution forthwith
for the same with costs.
Sec. 40. No person shall converse with a juror but by or¬
der ©f the court, after the jury shall have retired from the bar,
and while they have a case under consideration.
Sec. 41. No person under the age of twenty-one, nor any
person who is not a citizen of the republic of Texas, nor any per¬
son who is not a free-holder, nor any person wrho has been convict¬
ed of felony, perjury, or other offence punishable by stripes, pil¬
lory, or burning in the band, shall be capable to servo on a jury
for the trial of any cause, civil or criminal.
Sec. 42. All fines imposed on any juror under this act shall
he collected by the sheriff, and paid into the county treasury ©f
£ho proper county, for county purposes.
Sec. 43* No judge ©f any of the said courts shall charge
210
tte jury as to the weight of evidence in any cause civil or cri'
minal, hue such judge may sum up the testimony, and shall
charge the jury to any matter of law arising thereon, and the
judge "of any disMct court may at his discretion, in any criminal
case, reserve a - stion of law, which to him may appear novel
or difficult, for ire consideration and discretion of the supreme
court at the n-u.1 succeeding term, and the supreme court shall
pronounce such sentence or judgment as the district court ought
to have pr^rou.^nedr
Sec. 4i- h shall be the duty of the judge of any court to
cause the jo -■ - .v. nt, sentence or decree of the court to be carried
into exe<*chic.'' i:.;reeab3y to law. 1
Sec. 41. ?7hen by appeal or othei wise a case shall be
taken from ::>t district court to the supreme court, the clerk of
the district m- jit shall immediately make up a full and perfect
record of ej -.voceedinge in such case, and shall, on the appli¬
cation of party, give to such party an attested copy of
such reco;-', hth a taxation of all costs that hare accrued
thereon, ; j .-.hall endorse on such copy the day on which it
was demaede:^ md the day uu which it is delivered, and sign
his name i - clt-.rk thereto; and if by reason of the delay or
neglect of :..r.y clerk to give a transcript of the record, in any
case afore?aid, the same shall not be filed in the supreme court
in due tim_, m if the record be erroneously or incorrectly made
up, so that the supreme court cannot proceed thereon to a final
decision, t-uch clerk shall in either case, upon convictioa there¬
of, before t.tty court of competent jurisdiction, be adjudged guil¬
ty of a misdemeanor in office, and shall be fined in a sum not
exceeding iv c hundred dollars, to the use of the party entitled
to such, aid t-oted copy, and shall'moreover be liable to an action
for all dan:ego# the said party may sustain ©n account of said
neglect or delay, provided, that if the supreme court shall think
there is sufficient matter of substance in the record and proceed¬
ings, on any appeal or otherwise, to enable them to proceed ton
final decision, the same shall not be dismissed for want of form,
and in all cases whet c the supreme court shall be of opinion, that
any appeal has been taken for delay, and that the party appeal¬
ing had no probable good and sufficient reason for taking 8uch
ing had! no probable good and sufficient reason for taking such
appeal, tH,en, in thqfc ease, the party appealing, if he be the de¬
fendant in the court below, shall be taxed ten per cent, dam-,
ages, to tV$p use and benefit of the plaintiff in the court below,
besides interest, ?*$d cost of suit,
211
Sec. 46. In all cases decided in the district courts, the
fects shall be found by the jary, and when they render their ver¬
dict, shall repprt in their verdict all the material facts of the case,
which verdict and facts shall constitute a part of the record's,
and shall, in case of appeal, be sent to the supreme court, whieh
facts so found shall be conclusive, and on such facta the supreme
court will render theit judgment or decree.
Sec. 47. There shall be one elerk of the district court ia
each county who shall be elected by the qualified voters for mem¬
bers of congress on the first Monday in February next; who
shall hold his office for four years: and a clerk for each district
court shall be elected pro tern, by the judge of the district court,
to® continue in office until his successor is duly elected and quali¬
fied, and in case of death, resignation, or vacation of office, the
judge of the court shall hare power to appoint a clerk pro tern,
until a regular election shall be held.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro tem. of the senate.
Approved, Dec. 22, 1836.
SAM. HOUSTON.
JOINT RESOLUTION,
Allowing pay to Chaplains.
Resolved, by the. senate and house of representatives of the re¬
public of Texas, in congress assembled, That the chaplains of'
the*two houses of congress be, and are hereby entitled to the
same per diem pay as members of congress, and the clerks are
authorized to issue to them their certificates, for the term of their
service.
IRA INGRAM,
Speaker of the house of representatives.
RICHARD ELLIS,
President pro. tem. of the senate.
Approved, Dec. 2*2, 1836.
SAM. HOUSTON.
19*
AN ACT
Regulating Estrays.
Sec. 1. Be it enacted by the senate and house of representa¬
tives 9/ the republic of Texas in congress assembled, That any
person who shall take up any stray horse, mare, colt, mule, jack
or jenney, which shall be found on his or her plantation or land,
shall forthwith give information thereof to some justice of the
peace for the county, and make oath before said justice, that the
same was taken up at his or her plantation, or place of resi¬
dence, or his or her land adjoining the same, and that the marks
pr brands have not been altered or defaced, since the same was
taken up: and thereupon the said justice shall issue his summons
to two disinterested householders of the neighborhood, comman¬
ding them after being duly sworn, to value and appraise the
same without partiality, favor or affection, and certify the valu-f
ation under their hands, together with a particular description o
the animal, stature, marks, brands, color and age, which certifi¬
cate shall be attested by the justice, who shall thereupon require
the taker up to enter into bond with sufficient security in double
the amount of the appraisement, payable to the judge of the
county court and his successors in office, conditioned, that the
taker up shall comply with the requisites of this act, which bond
and appraisement shall be transmitted by him to the clerk of
the county court within twenty days thereafter, to be by such
clerk entered into a book to be kept for that purpose, for which
the justice and the clerk shall each receive the sum of fifty cents
to be paid by the taker up: provided, that if two or more strays
pf the same species are taken up by the same person at the samt
time, they shall be included in the same entry and one advertise¬
ment, the justice and the clerk shall receive no more fees than
for one of such strays.
Sec. 2. And be it further enacted, That when any stray as
aforesaid shall be found dead, or shall have escaped, the taker
up shall, without delay, make report thereof to the clerk on oath,
who shall make a memorandum of the same in the margin of his
book, where the certificate of such stray or strays was register¬
ed; and the taker up shall not be answerable for the same, nor
glial!.the taker up be liable for using said stray: provided, the
same saall not have been ubus'd.
Sec. 3. And be it further enacted, That when any stray
shall be proven away, and the owner and the taker up cannot
agree as to the expenses, application may be made by either
913
party to the next justice of the peace, who shall require two
householders of the neighborhood who shall have the privilege of
appointing an umpire and adjust the dispute, and their award
shall be final.
Sec. 4. And be it further enacted. That il am person shall
take or send away any stray out of the republic of '( .-xas, on arty
protence whatsoever, through fraud, or shall trade, ^vap or sell
the same, under twelve months, he, she or they so off nding, shall
forfeit and pay double the amount of the appiai; meat of such
stray or strays recoverable before any court of tins r public hav¬
ing jurisdiction thereof, one half to the use of the informer,and
thfc other half to the use of the county wherein ti e offence shall
have been committed; and moreover pay the owner the
amount of the a praisement, or if no owner nnpear, then to
the county, subject to the reg-ulation as is hereinafiao ordered un¬
der the sixth section of this act.
Sec. 5. And be it further enacted, That if any person shall
take up or use a stray of whatsoever description, contrary t©
the meaning of this act, shall for every such offence forfeit and
pay one hundred dollars, recoverable with cost in any court
of this republic, having jurisdiction thereof, one half to the use
of the county and the other half to tlae person sueing for 1 he
same, and be answerable in a suit for damages to the party ag¬
grieved.
Sec. 6. And be it further enacted, That the property of eve¬
ry stray or strays so taken up as aforesaid, twelve months after
such appraisement, and not proven away by the owner thereof,
shall be deemed vested in the taker up of the same; provided,
nevertheless, that should the owner apply in eighteen months he
slu'll receive the full amount of such appraised stray, one half
from the taker up and the other half from the county, after pay¬
ing all reasonable expenses: and provided, also, that the person so
taking up, shall account for and pay into the hands of the clerk
of the county, one half of the appraised value of all such strays,
according to the true intent and meaning of this act, and if the
taker up shall neglect to account with the said clerk for the same,
he or she so failing, shall forfeit and pay the appraised value of
all such stray or strays, to be recovered by action of debt before
any court having cognizance thereof, and it shall he the duty of
the clerk to commence suits respectively .against all delinquents
for t c recovery of the same, and shall be entitled to receive
five per centum on all money recovered and received, and the
214
balance, the said clerk is hereby required to pay over to the
county treasury.
Sec. 7. And be it further enacted, That it shall and may be
lawful for the former owners of any strays at any time, on prov¬
ing their property, to demand and receive from the county trea¬
surer one half of the value of any such strays appraised and ac¬
counted for as aforesaid, deducting therefrom the treasurer's
commissions of two per centum, for receiving and accounting for
the same.
Sec. 8. And be it further enacted, That it shall be the duly
of the taker up of any stray horse, mare, colt, mule, jack or jen¬
ny, to cause the same to be exhibited on the first day of each
term of the county court of the county next succeeding the time
at which such stray shall be taken up, from eleven to three
o'clock, that the owner may have an opportunity of claiming his
property.
Sec. 9. And be it further enacted, That the clerk of each
county of this republic shall keep a book, in which he shall reg¬
ister all certificates of strays delivered to him, and file the same
in regular order. It shall be his duty to cause a copy of the cer¬
tificate of appraisement, of every horse, mare, colt, mule, jack
or jenny, to be published in the nearest newspaper, three times.
It moreover, shall be the duty of the clerk, to make out a fair
and correct list of all 6trays, and affix the same at the door of
the court house of their respective counties, on the first day of
each term of the county court, omitting only such strays as are
proven away, escaped or dead, under the penalty of fifty dollars
for such neglect or omission. The clerk shall receive as fees of
office for advertising any horse, mare, colt, mule, jack or jenny,
one dollar and printer's fees for advertising the same. And for
every search of the stray books, twelve and a half cents, to be
paid by the person applying to search.
Sec. 10. And be it further enacted, That at any time with¬
in twelve months, it may be lawful for the owner of any stray or
strays taken up under the provisions of this act, to prove his or
her property, by his or her own oath, or by the oath or affirma¬
tion of any other competent witness, in the following manner,
to wit:—A certificate, giving a particular description of the ani¬
mal claimed, and sh ill be made out, giving the kind, marks,
brands, stature, color or age of such stray or 6trays as may be;
which certificate shall be sworn to, and subscribed before any
justice of the peace, and delivered to the taker up, to be fi'ed in
the clerk's office; anl the deliverer of such certificate as before-
£15
hientioned, and payment of all costs incurred, from the posting
and keeping such stray or strays, shall deliver up the same to
the proper owner.
Sec. 11. And be it further enacted, That in ail cases of the
division of counties^ the stray or strays shall belong to thecoun'
tj wherein the same may be found, and shall be disposed of as
other strays posted in said county.
Sec. 12. And be it further enacted, That any horse, mare,
colt, mule, jack or jenny, that is branded or marked, or prov¬
en away, and which shall have been caught or driven in with
wild horses, &c., shall be considered as strays; and the person
for whom they were taken, shall pay th« taker up the sum of
ten dollars, provided the beast was caught from among the mus¬
tangs.
Sec. 13. Arid be it further enacted, That any person tak¬
ing up any itray cattle, hogs, sheep or goats, shall proceed i« the
s vine manner and form, as in the first section of this act, provid¬
ed for horses, &c.
Sec. 14. And be it further enacted, That all stock to tak¬
en ap, the person who takes up the same, shall not be compell¬
ed to keep such stray or strays more than six months firom the
date of the appraisement; but shall be liable at the end of six
months, for the payment of such moneys as by law he is requir¬
ed to pay;'and that all money so paid for as stock, shall be gov¬
erned by the same rules and restrictions as in the foregoing arti-
ticle of this a t, except advertising in the newspaper; and the
taker up shall not be bound to exhibit at the court house, any
stray cattle, hogs, sheep or goats, but shall in lieu thereof, set up
written advertise.cents at two of the most public places in his
neighborhood, describing such stray or strays to have been tak¬
en up by him.
Sec. 15. And be it further c.nac'cd, That no person shall
take up any such stray stock, except he, she or tlu-y iake and
subscribe the same oath as in the first section of this act.
Sec. 16. And be it further enacted, That all moneys paid
for stock, shadl bc paid to the clerk at the end of six months, and
arc subject to the same rules and regulations as are prescribed
in the second section of this act,
IRA INGHAM,
Speaker of the house of representative's.
RICHARD ELLIS,
President pre tem. of the senate.
Approved, Dec. 22, 1836.
SAM. HOUSTON.
AN ACT
To Establish a General Land Office for the republic of Texas.
Sec. 1. Be it enacted by the Senate and House of Represen¬
tees of the republic of Texas, in Congress assembled, That there
shall be and is hereby established a general land office, for chief
officer of which shall be styled the commissioner of the gcaeral
land office, who shall hold his office at the seat of government,
whose duty it shall be to superintend, execute and perform all
acts andathings touching or respecting the public lands of the re¬
public of Texas.
Sec. 2. And be it further enacted, That there shall be in
the said office, an inferior officer, to be appointed by the said
principal officer, to be employed therein as he shall deem pro¬
per, and be called the chief clerk of the general land office;
who, in all cases, when the said principal office shall become va¬
cant, during such vacancy shall have the charge and custody of
the seal and all records, books and papers belonging to the said
office.
Sec. 3. And be it- further enacted, That the said principal
officer and every other person to be appointed and employed iri
the said office, shall, before lie enters on the duties of his office,
take and subscribe the following oath of office: "I, A B, do
solemnly swear or affirm, that I will honestly and faithfully dis¬
charge the duties of my office as
without favor or partiality, so help me God,"
Sec. 4. And be it further enacted, That the said commission,
er of the general land ofiice shall cause a seal to be made, and
provided for the said office, with such device, as the president of
the republic shall approve; and copies of any records, books, or
papers, belonging to the said office, under the signature of the
said commissioner, or when the office shall become vacant, un¬
der the signature of the chief clerk; and the said seal shall be
competent evidence, in all eases in which the original records,
books or papers could be evidence.
Sec. 5. And be it further enacted, That the said commis¬
sioner shall forthwith, after his appointment, be entitled to the
custody, and shall take charge of the said seal, and also, all the
records, books and papers, in any i?ny appertaining to the laids
of the republic, and that may now be, in the care or possession
of nil empresaries, political chiefs, alcaldes, commissarios, or com-
ITUssioner* for issuing land titles, or any other person; nnd the
31?
Said records, books and papers shall become and be deemed the
books and papers of the said office.
Sec. 6. And be it further enacted, That the said commis¬
sioner shall, when required by the president of the republic of
Texas, or either house of congress, make a plat of any land su: »
vcyed under the authority of the government, and give such in¬
formation respecting the public lands, and concerning the busi¬
ness of his office as shall be legally required.
Sec. 7. And be it further enacted, That in all cases in which
land shall be hereafter given by the republic of Texas, for mil¬
itary services, warrants shall be granted to the parties entitled
to such lands by the secretary of war, and such warrant shall be
recorded in books to be kept by him for that purpose, and shall
be located as Is provided in this act.
Sec. 8. And be it further enacted, That all patents issuing
from the said office shall be in the name of the republic of Tex¬
as, and under the seal of said office, and be signed by the presi'
dent of the republic of Texas and countersigned by the com¬
missioner of the general land office.
Sec. 9. And be it further enacted, That no person appoint¬
ed to an office instituted by this act, or employed in any such
office, shall directly or indirectly be concerned in the purchase
of any right, title, or interest in any public land either in hrs
own name, right, or in trust for any other person, or in the name
or right of any other person in trust for him elf, nor shall take,
or receive any fee or emolument for negotiating or transacting
the business of said office. And any person offending in j^e pre¬
mises against the prohibition of this act, shall forfeit and pay
one thousand dollars; and upon conviction shall be removed
from office.
Sec. 10. And be it further enacted, That the commissioner
of the general land office shall be appointed by the president, with
the consent and advice of the senate, and said commissioner of
the general land office shall hold his office for three years, and
shall he re-eligible. He shall receive an annual salary of three
thousand dollars per annum, payable quarterly, out of any mo¬
ney in the treasury not otherwise appropriated. And the said
commissioner shall have the privilege of sending, and receiving
letters and packages, and also final certificates, and patents of
land free of postage.
Sec. 11. And be it further enacted, That the commissioner
of the general land office, shall be authorised to employ a suffi¬
cient number of clerks, provided that their annual compensation
2:s
shall not exceed in the whole, two thousand dollars per annum,
and the said compensation shall be paid ©ut of any monies in the
treasury not otherwise appropriated.
Sec. 12. And be it further enacted, That there shall be es¬
tablished a land office, No. 1, at the house of Goorgc Wright, on
Red Ri ver, for the district of Red River, which shall include
all that country lying and situated within the following bounda¬
ries, viz: the line to begin at the mouth of the Sulphur fork of
Red River, and run up that river to the crossing of the Tram¬
mel trace, thence on that trace to the Sabine river, thence up
that river to its source, then due west to the Trinity river,
thence up that river to its source, thence due north to Red Riv¬
er, thence down that river to the beginning. And a land office,
No. 2, at San Augustine, for the counties of San Augustine, Jas¬
per, Sabine and Shelby. One other land office, No. 3, at Lib¬
erty, for the counties of Jefferson, Liberty and Harrisburg.
One other land office, No. 4. at Nacogdoches, for all that sec¬
tion of country which lies north of Liberty and east of the Trin¬
ity, not included in any other land office district. One other
land office, No. 5, composing the counties of Brazoria, Matagor¬
da and Jackson, to be located at the town of Matagorda. No.
6, composing the counties of Austin, Colorado and Washington,
to be located at the town of Washington. No. 7, composing
the county of Milam and all the country west of the Trinity,
and east of the BrazoS, not included in any other land di*trict.
No. -8, composing the county of Mina, and all the country west
of the Colorado river, north of the La Bahia, road, and east of
DeWitt's colony, to he located at the town of Mina. No. 9,
composing all that tract of country heretofore embraced in the
colony of De Witt, to be located at the town of Gonzales. No.
10, also a land office to be located at San Antonio de Bexar, for
all that tract of country west of DeWitt's and north of Power's
colony. No. 11, a land office to be located at the town of Vic¬
toria, for all that country west of the district of Matagorda and
south of Gonzales and Bexar.
Sec. 13. And be it further enacted, That the several survey¬
ors general shall be appointed by the President, by and with
the advice and consent of the senate; shall be commissioned by
the president—may continue in office three years—eligible to a
re-appointmept—shall reside at the land office for which he is ap¬
pointed; whose duty it shall be to furnish such regulations and in¬
structions to their deputies, as may be furnished them from time
to time by the commissioner of the general land office; shall ad-
519
minister oaths to the deputies as prescribed in the third section
of this act; whose duty it shall he to examine the field notes and
plats of all surveys which have been or may be made within the
bounds of his authority, for the purpose of getting a patent for
them, and see that they are correct; and shall certify the same
on the same paper on which are the field notes; and shall
carefully preserve in his office a copy of all said field notes and
plats. And said surveyor general shall be entitled to charge
persons presenting field notes and plats for his inspection, the
following fees, viz: for every field note and plat of a survey
which lies in a square or an oblong shape, one dollar; for every
survey which has more than four lines and less than eight, one
dollar and fifty cents: over eight, and less than thirteen, two
dollars; and for all which have more than twelve lines the sum of
three dollars. And on application of any individual in person
to any one of the surveyors general, and producing sufficient tes¬
timony of proper qualifications, he shall be deputed by the said
surveyor general to survey any where within the bounds of his
authority; for which deputation the deputee shall pay the sur¬
veyor general the sum of three dollars.
Sec. 14. And be it f urther enacted, That there shall be one
register of public lands, and one receiver of public monies for
each district to be appointed by the president, with the advice
and consent of the senate, for the term of three years eligible to
a re-appointment; find for misconduct in office may be, suspended
by the president; who shall hold their offices at such places as con¬
gress may by law direct. And the rec eiver shell enter into bond
with good and sufficient security, to be approved of and certi¬
fied by the chief justice of the county court, payable to the pre¬
sident and his successors in office, in the sum of ten thousand
dollars, which bond shall not become void on the recovery there¬
of; conditioned well and truly to pay all such sums or funds
that may be paid to him on account of the public funds, to the
secretary of the treasury, for the use of the republic*, and said
bond shall be filed in the office of the secretary of the treasu¬
ry; a certified copy of said bond from under his haud and seal
shall be evidence in any court having competent jurisdiction,
to recover judgment thereon, against such receiver of public
monies.
Sec. 15. And be it further enacted, That any person who
is legally entitled to a grant of land of the government, either by
citizenship, heirship, or purchase, may apply in person, or by a
duly qualified representative or agent,and by producing legal and
20
220
sufficient testimony of IhciF claims to the register antf receiver
of the land office for the district in which they may live; or if
an heir or heirs, or assignee, the district in which died the testa¬
tor, or last lived the assignor; arrd the said register and receiver
is hereby authorized to grant to such person so applying, an or¬
der of survey, directed to any legally authorized surveyor of the
republic of Texas, for the amount of land to which they are en¬
titled; slating in the said order of survey, at what time the said
grantee emigrated to the country or is a native; for which order
of survey the grantee shall pay to the register and receiver
each the sum of one dollar; and the said register shall record alt
of said orders in a book, and at the end of every month, for¬
ward to the commissioner of the general land office a copy of
the same. The said register shall also record in a book all pow¬
ers of attorney or any other instrument of writing connected
with the grant of orders of survey, for which the applicant shall
pay for recording twelve and a half cents for every hundred
words; all of which instruments shall be forwarded also to the
commissioner of the general land office monthly: provided al¬
ways, that any person applying for land as a settler, and claim¬
ing his head right as such, shall be required to lake and subscribe
the following oath or affirmation before receiving an order of
survey; such oath or affirmation to be made before any person
legally authorised to administer the same: "I do solemnly
swear (or affirm) that I was a resideat citizen of Texas at the
date 01 the declaration of independence; that I did not leave the
country during the campaign of the spring of One thousand eight
hundred and thirty-six, to avoid a participation in the struggle;
that I did not refuse to participate in the war; and that I did not
aid or assist the enemy; that I have not previously received a ti¬
tle for my quantum of land—and that I conceive myself to be
justly entitled under the constitution and laws to the quantity of
land for which I now apply:" provided, that widows, females or
orphans shall be, and are hereby exempt from the duties requir¬
ed by this section.
Sec. 16. And be it further enacted, That all persons claim¬
ing land for military services, and having a certificate of the
same, or any order of survey emanating from the proper author¬
ities, may apply directly to the deputy surveyor, and have his
land surveyed; and said deputy surveyors are hereby authorised
to survey for any person having such certificates or orders of sur¬
vey, conformably to their instructions: provided, that all persons
folding such warrants, certificates, or orders of survey, shall first
present them to the register of the district in which he resides;
who shall record the same in a book to be kept for that purpose,
and forward copies to the surveyor general.
Sec. 17. And be it further enacted, That ah surveys which
have been or may hereafter be, made, agreeably to law in all re¬
spects, and certified by the surveyor general for the district in
which the land lies, as required in the eleventh section of this
law, shall be patented; and the owners thereof, by depositing
the same in the land office for the district in which the land lies,
and paying to the receiver of the-same, in addition to the govern¬
ment fees, the following fees of office, shall so .soon as practica¬
ble, be furnished-with a patent for said land or lands, viz:—For
a patent to a league and labor of land, five dollars; for a patent
to a third of a league four dollars; for a patent to twelve hundred
and eighty acres, four dollars; for a patent to nine hundred and
sixty acres, four dollars; for a patent to six hundred and forty
acres, four dollars; for a patent to three hundred and twenty
acres, three dollars; for a patent to one labor of land, three dol¬
lars; all of which office fees shall be equally divided between the
register and the receiver; and the several registers shall, upon
the receipt in their offices of all field motes of surveys, made out
in the manner above required,, immediately making out in such
form and manner as the commissioner of the general land office
shall instruct him, duplicate blank patents for said land or lands
and forward the same to the commissioner of the general land
office, who will immediately cause one of the duplicates to be
executed as the law directs, and transmit it forthwith to the pro¬
per office, for the owner thereof, shall also reserve in the gener¬
al land office, the duplicates of grants, and cause the same al¬
so to be recorded in a well bound book, to be kept by him ex¬
pressly for that purpose. And the said grantees shall pay as
government foes, the price as fixed by the colonization laws of
Coahuila and Texas, in force at the time they emigrated to this
country.
Sec. 18. And be it further enacted, That the price of sur¬
veying shall be three dollars for each Castillian lineal mile.
Sec. 19. And be it further enacted That if any one of the
officers who may be employed in the land office, should fail or
refuse to do his duty as required by law, he shall upon conviction
thereof, before any district court in this republic, forfeit and pay
a penalty, of any sum not exceeding one thousand dollars, one
moioty to the republic, and the other to the party aggrieved; and
any person so aggrieved, may sue the offender in any such court
in this republic.
, Sec. 20. And be it further enacted, That the president be*
and he is hereby authorized to contract for the surveying, and
cause to be surveyed at the expense of this government, a suffi¬
cient quantity of lands to satisfy the holders of all land scrip that
may have been, or which may hereafter be issued, and sold by
this government, agreeably to law, in all respects; and the sec¬
retary of the treasury is hereby authorized to pay out of any mo¬
nies in the treasury, not otherwise appropriated, all expenses
which may accrue in the completion of said surveys.
Sec. 21. And be it further enacted, That whereas many
persons have received titles under the colonization laws, as
colonists from the different commissioners of the country: and,
whereas many conditions were, by the laws attached, to said
titles—that all such conditions be, and are hereby cancelled
and the titles to all such lands be, and are hereby ratified and
confirmed: Provided, that such persons shall pay, or cause to be
paid into the office of the receiver of the land office of the
district where such land may be situated, or into the office of
the secretary of the treasury, within six months after the open¬
ing of the land office, all money which may be due or owing
on the same: Provided, that the conditions of remaining in the
country, and the provision prohibiting a sale to aliens, shall
not be repealed by this law: And further provided, that no ti¬
tle by this act shall be confirmed, which was illegal or inva-
lad ab initio: And be it further provided, that it shall not affect
the rights of third persons: And further provided, this act shall
not extend to the benefit of any grantee or individual, for a
greater amount of land than one league and one labor, or that
granted to like citizens by the constitution of this republic.
Sec. 22. And be it further enacted, That no person shall
by virtue of an improvement, have a right to claim more than
one league and labor of land, and that improvement shall con¬
sist in the clearing and fencing, in a farmer-like manner, at least
four acres of land; and the privilege shall not extend to any
person who has previously got a grant to the quota of land to
which they are entitled by citizenship, nor to any person or per¬
sons entitled to a grant of land by purchase.
Sec. 23. And be it further enacted, That the several land
offices shall open and go into operation on the first day of June
next, and their operations will then be confined to the complet¬
ing of land titles to all those who, by the existing and previous
m
laws, have acquired a preference to the first location; of this
class, are all citizens who were here on the day of the declara¬
tion of independence, and t.hoSc volunteer soldiers who have
served a tour of duty in the army of Texas previous to that time.
For these classes of claimants, the land office shall be opened and
remain six months in operation, granting and completing titles
alone to that description of claimants; after which, all other le¬
gal claimants shall be entitled to have their land titles completed,
as is herein provided for and directed.
Sec. 24. And be il further enacted, That every emigrant
who arrives in this republic, from and after the first day of Jan¬
uary next, who is a free white person, and is the head of a fami¬
ly, and who shall actually reside within the government with his
family, shall be entitled to a conditional grant for-twelve hun¬
dred and eighty acres of land, by paying the fees of office and
for surveying. The conditions of said grant shall be, that the
grantee shall remain and reside here, and his or her family, both
within this government, and do and perform all the duties re¬
quired of other like citizens, for a term of three years, after
which time and several acts, he or she shall have and receive an
unconditional patent for said land; and in no case whatever,
shall a grait of that description be patented, unless it be satis¬
factorily proven, that all the conditions of the grant have
in fact and in good faith, been complied with. And all single
free white men, who may emigrate to the country'after the first-
day of January next, sTiall be entitled to six hundred and forty
acres of land, and so sjoon ,as they shall myry, they shall receive .
an additional..quantity of six hundred and forty acres of land,
upon the same conditions above named; and all laws contra¬
ry to the purview and meaning of this act, are hereby repeal¬
ed and declared null and void, so far as regards their future ope-.
ration.
Sec. 25. And be it further enacted, That in case any sur¬
vey shall cross the dividing fine between any tw© counties,, jt •
shall be competent for the register who issued this order of sur¬
vey, to proceed in the same manner, as though the land was,
wholly situated within his land district.
Sec. 26. And be it further enacted, That in case doubt
should arise as to the boundary line of any land district, il shall
be competent for the registers of the two land offices, concerning
whose bound iry the doubts exists, to determine the doubt, and
agree upon the line between them, which shall be as valid in
law, as though the said line had .been defined by act of this con-.
20* ''
m
gress; and in case they cannot agree, then and in that case, the
chief justice of the county court whose office .is situated nearest
th£ said disputed line, shali decide.
Sec. 27. And be ii further enacted, That the commissioner
general of the land office, furnish at the public expense, such
books and stationary, as may be necessary for all the transac¬
tions of the several land offices.
Sec. 12. And he it further enacted, That if the president
should deem it proper to do so, in consequence of an invasion
or a threatened invasion of our country by aa enemy, that he be
and is hereby authorized, to issue his proclamation, closing or
suspending all operations of the several land offices; and fur¬
ther, that ho bo authorized, when he may think it proper to do
so, to again, by proclamation, open and authorize them to pro¬
ceed to the execution of the duties of the several offices, as the
law directs.
IRA INGRAM,
Speaker of the Home of Representatives.
* RICHARD ELLIS,
Prssidcnt pro tem. of the Senate.
Vetoed by the president, and passed by a constitutional ma¬
jority of the house of representatives, December 22, 1836.
' ' IRA INGRAM,
Speaker of the House of Representees.
Vetoed by the president, and passed,by a constitutional ma¬
jority of the senate. December 22, 1836,
f RICHARD ELLIS,
President pro tem. of the Senate,
AN ACT
-Locating the Seat of Justice for the County of Harrisburg, and
other purposes.
Sec. 1. Bp it enacted, by the senate and house of represen¬
tatives of he rr pi flic of Texas, in congress assembled, That the
seat of justice, for the county of Harrisburg be, and the same is
hereby established at the town of Houston.
Sec. 6. And be it further enacted, That the Island of Gal-
'yeston, shall for the future be included within the limits of the
225
county of Harrisburg, and be, and compose a part of said
county.
IRA INGRAM,
Speaker of the. House of Representatives.
RICHARD ELLIS,
President pro tem. of the Senate.
Approved, Dec. 22, 1836.
SAM. HOUSTON.
JOINT RESOLUTION
Authorising the president to receive forty thousand Volunteers.
Be it resolved by the senate and house of representatives of the
republic of Texas, in congress assembled, That the president be,
and he is hereby authorized to Feceive into the service, any num¬
ber of volunteers not exceeding forty thousand, as in his judg¬
ment may be necessary to the defence and welfare of the re¬
public.
IRA INGRAM,
Speaker of the house of representatives. •
RICHARD ELLIS,
President pro tem. of the Senate.
Approved, Dec. 22, 1836.
SAM. HOUSTON.
AN ACT
To provide an Index for the Laazs of Congress, and for other pur¬
poses.
Sec. i. Be it enacted, by the. senate aud housewf represen¬
tatives of the republic of Texas, in congress assembled, Tha' the
secretary of state be, and he is hereby authorized and required
to form an index to the laws passed at the present session of
this congress, and to have the same printed with the said laws,
and it shall also be his duty to superintend the printing of said
laws.
Sec. 2. It shall be the duty of the chief clerk of the
house of representatives and of the secretary of the senate to
superintend the printing of the journals of their respective
houses.
220
Sue. 3. The secretary of state and the clerk of the house
of representatives and the secretary of the senate, shall each be
allowed the- sum of two hundred dollars for said extra ser¬
vices.
IRA INGRAM,
Speaker of the House of Representatives.
RICHARD ELLIS,
President pro tern, of the Senate.
Approved, Dec. 22, 1837.
SAM. HOUSTON.
AN ACT
To raise a Revneus by Impost Ditties. ,
S*e. 1. Be it enacted, by the Senate and house of represents
fives of the republic of Texas, in congress assembled, That there
shall be, and is hereby imposed, assessed and levied upon all ar¬
ticles which may be imported into this republic, from and after
the first day of June next, the following duties, viz:
Upon all wines and spirituous and malt liquors, an ad valo¬
rem duty upon invoice costs of forty-five per centum. Upon all
silk goods, and all manufactures of every description made of
silk, an ad valorem duly of fifty per cent. Upon all sugar and
coffee, two and a half per cent. Upon teas, twenty-five per cent
per pound. Upon bread stuffs, one per cent. Upon iron and
castings, ten per cent. Upon all coarse clothing, coarse shirt¬
ings, coarse shoes and brogans, blankets, kerseys, satinetts, and
cloths formed of a mixture of cotton and wool, ten per cent.
Upon all other goods, wares, and merchandize, not herein espe¬
cially enumerated, an ad valorem duty of twenty-five per cent
upon the iSmice cost.
Sec. 2. Be it further enacted, That there shall be assessed,
levied and collected, upon all vessels of the burthen t f ten tons
and upwards, arriving in any port of Texas from a foreign pojt,
the sum of twenty-five cents per ton.
Sec. 3. Be it further enacted, That it shall be the duty
of the president, by and with the advice and consent of the se¬
nate, to appoint for each and every district such revenue offi¬
cers as may be necessary and proper for the collection of the-
venue, each of whom shall take an oath of office before reenter*-
23?
Ing upon the duties, and for the punctual paying over to the pro¬
per authorities all such monies as may be by them respectively
collected.
Sec. 4. Be it further enacted, That it shall be the duty of
the several collectors to receive the orders of the auditor upon
the treasury of the republic, when offered by importers in pay¬
ment of duties at the time of importation; but should the duties
not be promptly paid in this manner, the collector shall retain
possession of all merchandize imported, for the space of ninety
days. If at the expiration of that time the duties shall not be
paid, they shall be sold at public auction by the collector, or so
much thereof as will pay the duties therccn.
Sec. 5. Be it further enacted, That the secretary of the
treasury shall, under the direction of the president, give the offi¬
cers who may be appointed by virtue of this act, such instruc¬
tions from time to lime, as may be necessary to bring this system
into practical and useful effect.
IRA INGRAM,
Speaker of lite House of Representative \s.
RICHARD ELLIS,
President pro tem. of the Senate.
Approved, Dec. 20, 1836.
SAM. HOUSTON.
JOINT RESOLUTION
Requesting the President to appoint an Agent to the Court of Grea
Britain.
Resolved, by the Senate and House of Representatives of tie ,■<
public of Texas, in Congress assembled, That the pr^rid nt bo
requested to appoint an agent to the court of Great Britain, to
solicit the recognition of our Independence, and to enter into
such treaties as may be necessary to advance our mutual inter¬
ests; and that nine thousand five hundred dollars are hereby ap¬
propriated, out of any monies in the treasury not otherwise ap¬
propriated, to carry this resolution into effect.
B. T. ARCHER,
Speaker of the House of Representatives,
JESSE GRIMES,
President pro tem. of the. Senate.
Approved, May 15, 1837.
rr SAM HOUSTON.
828
AN ACT
To suppress Gambling.
Sec. 1. Be it enacted hp the. Senate and. House of Represen¬
tatives of the Republic of Texas, in Congress assembled, That the
game of faro, roulette, mont .\ rouge et tipir, and all other games
of chance, which are played by persons holding banks for the
purpose of inviting or receiving betters thereto, within this re¬
public, arc hereby made penal offices, and shall be punished as
hereinafter prescribed.
Sec. 2. Be it further enacted, That any person within this
republic, who shall keep a bank for either of the above mention¬
ed games, or any game of their character, or shall in any way
be employed as a dealer or assistant, to any one or either of
them, shall on conviction thereof, be deemed guilty ofa misde¬
meanor, and shall be fined in a sum not exceeding two thousand
dollars, nor less than one hundred dollars; one half of the fine re¬
covered to go to the republic, and the ©ther half to the informer-
who shall prosecute the offender to conviction upon other evi¬
dence than his own oath.
Sec. 3. Be it further enacted, That any person who shall
knowingly permit any one of the above mentioned games to be
played in his or her house, shall on conviction thereof, be fined
in a sum not exceeding one thousand dollars, nor less than five
hundred dollars.
Sec. 4. Be it further enacted, That it shall be the duty of
every justice of the peace within this republic to take cogniz¬
ance of any offence against this act which shall come to his
knowledge by information or otherwise; and shall thereupon is¬
sue his warrant commanding the accused to appear before him
forthwith, to be examined and held to bail at the next term of
the district court.
Sec. 5. Be it further enacted, That it shall be the duty of
the grand juries of the different counties of the republic to en-
qui re into, and present all disorderly houses and persons guilty
of a breach of the above recited act; and it shall be the duty of
the judges of the district courts to give it in charge to the grand
juries.
Sec. 6. Be it further enacted, That betting of checks,
notes of hand, or any other representative of money or article
of value, shall be so construed as coming under the provisions
of this act; nor shall a person charged with the above mention¬
ed offences be discharged for informality in an indictment.
&ec. 7. Be it further enacted,, That this act shall take ef¬
fect in the county of Ilarrisburg five days from and after its
passage, and in all other parts of the republic, thirty days from
and after its passage.
B. T. ARCHER,
Speaker of the house of representatives.
JESSE GRIMES,
President pro tern, of the Senate.
Approved, May 2®, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of Capt. John J}I. Allen.
Be it cnacte /, by the Senate and House of Representatives of
the republic of Texas, in Congress assembled, That the auditor be
instructed to settle the accounts of Capt. John M. Allen, on the
principles of equity and justice.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, May 29, 1837.
SAM. HOUSTON.
AN ACT
For the relief of James Erwin and others.
Whereas, Stephen F. Austin, Branch T. Archer, and Wil¬
liam II. 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 render it impossible for the government to comply strict¬
ly with the conditions of the aforesaid contract; and whereas
the holders of the aforesaid loan, have voluntarily expressed a
willingness to release the government from conditions that would
230
be Unjust and ruinous to the interests of the country; and the
congress of Texas being desirous of executing, in good faith all
its obligations: Therefore,
Sec. 1. Be it enacted, by the senate and house of representee
tives of the republic of Texas in congress assembled, That the sec¬
retary of the treasury be, and he is hereby directed, upon the
surrender of the scrip issued by the commissioners to the parties
to the loan aforesaid, or any of them, to calculate interest at the
rate of eight per centum per annum, on the amount the party
so surrendering 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
assignee, land scrip at the rate of fifty cents the acre, in tracts
of six hundred and forty acres each: and the said secretary
shall issue scrip to the amount of twenty thousand acres, to be
divided 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 f'ortv acres each: Provided, that the
said scrip shall not die located on land except by its legal subdi¬
visions.
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 ac¬
cept and receive the same Scrip in lieu of all liabilities whatever:
and the parties who may not now file their relinquishment afore¬
said 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 scrip issued by virtue
of this act, shall not in any manner interfere with the rights 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
footing with all other 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 aftei 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
m
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 of the government and titles be issued in the same
manner and held upon the same terms, as if the holders thereof
were titizens of the republic: Provided, That no lands granted
by this government, shall be located on salt springs, gold or sil¬
ver mines, copper or lead, or other minerals or any island of
the republic.
Sjeo, 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 duty it shall be to issue the same, a
bond from the government for the principle 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
their pleasuro.
Sec. G. Be it further enacted, That the form of the scrip
issued by virtue of this act, shall be such as expresses in sub¬
stance the previsions of this act.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tern, of the Senate.
Approved, Ju ne 3, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Requiring the President to appoint a, Secretary of Legation to the
Embassy to England.
Be it resolved, by the Senate and House of Representatives of
the Republic of Texas, in Congress assembled, That thepresident
be, and he is hereby requested to appoint, by 'andwith the
advice ar.d consent of the senate, a secretary of legation to the
embassy to England, which secretary shall receive three thous¬
and dollars per annum, to be paid out of any money in the trea¬
sury not otherwise appropriated.
And be it further resolved, That the commissioner whom
congress has heretofore authorized the appointment of, to the
government of England, be, and he is hereby vested with ple-
21
332
nary powers, commissioner and minister plenipotentiary, and
that he receive his commission and instructions accordingly.
Be it further resolved, That the president be, and he is here¬
by directed to appoint, by'and with the advice and consent of
the senate,a commissioner and minister to France; in the event
that the negotiation with England for the recognition of the in¬
dependence of Texas shall fail, said commissioner and minister
shall be vested with plenary powers.
B. T. ARCHER,
Speaker of the House cf Representatives.
JESSE CRIMES,
President pro tern, of the Senator
Approved, June 5, 1837.
SAM. HOUSTON.
JOINT RESOLUTION.
For the relief of Free Persons of Color.
Resolved, by theSenate and House of Representatives of the
Republic of Texas, in Congress assembled, That all free Africans
or descendants of Africans, who were residing within the re¬
public of Texas at the date of the declaration of Independence,
and their natural issue, arc hereby granted and allowed the
privilege of remaining in any part of the republic as long as
they choose; on the condition of performing all the duties requir¬
ed of them by law.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tern, of the Senate.
Approved, June 5, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Relating to Election for the depopulated Districts.
Resolved by the Senate and House of Representatives ef the rc'
public of Texas, in Congress assembled, That the president be?
and he is hereby directed to issue writs of election to fill all va"
233
cancics that may exist ia either house of Congress; and that
he be required to order the polls to be opened for the election
of representatives for the depopulated districts in any part of
this republic, where the citizens of said counties may be tempo¬
rarily residing, until such times as the citizens of said counties
may be permitted to return with safety to their homes. This
resolution shall continue and be in force during the continuance
of the war, and no longer.
B. T. ARCHER,-
Speaker f the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 5, 1837.
SAM. HOUSTON.
AN ACT
To legalise certain Marriages; 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 celebrate such marriages;
and whereas, public policy and the interests of families require
some legislative action on the subject: therefore,
Be it enacted by 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 publicly
solemnize the rites of matrimony; and all marriages so solemn¬
ized are hereby declared of legal and binding effect,, from the
period the persons had previously intermarried agreeably to the
eustomjof the times; and the issue of such persons are hereby
declared legitimate children; Provided, however, that such mar¬
riages shall be celebrated within six months from the passage
of this law; and provided further, that no legal bar exists 'to
such marriage.
Sec. 2. Be it further enacted, That in cases where per¬
sons have intermarried as aforesaid agreeably to the customs of
the country, and either the husband or wife has died previous to
S34
the passage of this law, then and in that case all such marriages
are declared of legal and binding effect, and the issue of the
same are hereby legitmatized; Provided, that such parties lived
together 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 the peace of the several
counties of this republic be, and are hereby authorized to cele¬
brate the rites of matrimony between all persons legally author¬
ed to marry; Provided, that males under fourteen and females
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 suf¬
ficient 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
license without the consent of the parents or guardians of the
parties applying unless the parties so applying shall be in the
case of the male twenty one years of age, and in the female
eighteen years 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 persons solemn¬
izing the rites of matrimony to endorse the same on the license
and make return of the same to the office of the clerk. 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 is-
used the clerk shall 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 to 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
/or any person of European blood or their descendants, to in-
235
termarry with Africans, or the descendants of Africans; and
should any person a8 aforesaid violate the provisions of this sec¬
tion such marriage shall be null and void, and the parties on
conviction shall be deemed guilty of a high misdemeanor and
punished as such.
B. T. ARCHER,
Speaker of ihe House of Representatives.
JESSE GRIMES,
Prssident pro tem. of the Senate.
Approved, June 5, 1837.
SAM. HOUSTON.
A JOINT RESOLUTION
Respecting Mail Routes.
Resolved, by the senate and house of representatives of the
republic of Texas, in congress assembled, That the post master
general'of this republic be authorized to extend the mail routes
by way of Ballou's and Gaines' ferries, so as to communicate
with the United States mail, and that he be authorized to pay
for any services which may have been already rendered by any
pcrsort'to affect that object.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the. Senate.
Approved, June 5, 1837.
SAM. HOUSTON.
AN ACT
To incorporate the Trustees of Independence Academy and of the
University of San Augustine.
Sec. 1. b^ it enacted, by the senate and house of representa¬
tives of the republic of Texas in congress assembled, That John P.
Coles, Robert Stevens >n, Asa Hoxie, M. Cummins, Shubael
Marsh, James B. Miller and James G. Swisher, be, and they
are hereby incoppratcd a body politic under the name and style
21*
23G
bf the ^'Trustees pf Independence Academy," capable of suiag
and being sued, pleading and being impleaded, of holding pro¬
perty e ther personal, real or mixed, of selling, alienating and
'conveying the same at pleasure, of having a common seal and
bf changing the same at pleasure, and of doing whatever else
that ma.y be necessary and proper to be done for the benefit
and advancement of said institution, not contrary to the consti¬
tution and laws of this republic.
Sec. 2. Be it further enacted, That this charter and privi¬
lege shall extend to the said trustees and their successors in of¬
fice, as long as they confine the benefit of the same to the ad¬
vancement of the sciences, and the promotion of useful knowl¬
edge to the rising generations, which institution shall be acces¬
sible equally alike to all, without regard to opinions of religion
or politics.
Sec. 3. Be it further enacted. That Elisha Roberts, Jesse
Burdit, William McFarland, John Cartwright, Sumner Bacon,
George Teal, Augustus Ilol'chkiss, Heniy W. Augustine, Andrew
J. Cunningham, Philip A. Sublett, Iredell D. Thomas, Albert
Gallatin Kellogg, Almanzon Huston, William W. Holman and
Joseph Rowe, be incorporated a body politic, under the name
and style of the "President and Trustees of the University of
San Augustine," and shall have the same powers and privileges
which are conferred by this act on the trustees of Independence
Academy.
B. T. ARCHER,
Speaker of the House of Representatives\
JESSE GRIMES,
President pro tern* of the Senate.
Approved, June 5, 1837.
SAM. HOUSTON,
AN ACT
To incorporate the Trustees of Washington College,
Be it enacte /, by, the Senate and House of Representatives of
the republic of Texas, in Congress assembled, That William P.
Smith, Asa Iloxie, John P. Coles, J. H. Wood, Thomas Gay
and, Stephen R. Roberts, be, and they are hereby constituted
and. declared to be from and after the passage of this act a body
corporate and politic, in fact and in name by the style and
237
title of the "Trustees of the Washington College,and by that
name they and their successors in office shall and may have con¬
tinual succession, and shall be persons in law, capable of suing
and being sued, pleading and being impleaded, answering and
being answered unto, defending and being defended in all courts
and places whatsoever; and that they and their successors may
have a common seal and may change and alter the same at
pleasure, and also that they and their successors by the same
name and style, shall be in law capable of holding, purchasing
and conveying any estate, real, personal or mixed for the use
of the said college, and doing and performing all things which
are necessary or common for corporation of a like nature to do
not contrary tp the constitution of this republic or the provis¬
ions of this charter as hereinafter enacted.
Sec. 2. Be it further enacted, That every person who has
subscribed or. may hereafter subscribe and pay into the treasury
of the college the sum of ten dollars, shall ever afterwards be
considered a member, and have the right of a voice, either in
person or by proxy, in the selection of trustees, and shall him-
self be eligible to the office of trustee.
Sec. 3. Be it further enacted, That the trustees of the
Washington College shall be elected annually by the subscribers
and continue in office until their successors are duly elected;
and a less number than five shall not be a competent body for
the transaction of business, nor shall the whole number consist
at any one time, of more than twenty-five.
Sec. 4. Be it further enacted, That the trustees for the
time being shall have full power to enact such bye-laws, rules
and regulations for the government of said College as they may
deem necessary for the prosperity of the same.
Sec. 5. Be it further enacted,, That the chartered property
of the College shall be liable for the debts of the same.
Sec. 6. Be it further enacted, That the institution here¬
by incorporated shall be located at, or in the vicinage of the
town of Washington on the Brazos river.
Sec. 7. Be it further enacted, That the privileges, benefits
and facilities of the said College shall be equally accessible to
all without regard to peculiarity of opinion.
B. T. ARCHER,
Speaker of the House of Representatives,
JESSE GRIMES,
President pro tem. of the Senate,
Approved, June 5, 1837.
SAM. HOUSTON.
238
AN ACT
To Incorporate the Town of Nacogdoches and other Towns herein
named.
Sec. 1. Be it enacted, by the Senate and house of representa¬
tives of the republic of Texas, in congress assembled, That the cit¬
izens of the town of Nacogdoches, be and are hereby de¬
clared a body corporate and politic, under the name and style
of the "Corporation of the town of Nacogdoches," who shall
have the power of suing and being sued, of pleading and being
impleaded, and to hold and dispose of real and personal proper¬
ty within the limits of said corporation.
Sec. 2. And be it further enacted, That it shall be the du¬
ty of said citizens to elect eight aldermen, a presiding officer or
mayor, a treasurer and secretary; who shall be selected by them
from their own body; that a collector shall be elected by said
citizens; the treasurer and collector being required to give satis¬
factory security, and make reports when required by the may¬
ors warrant; that the corporation shall elect one constable; and
the mayor when necessary to suppress riots and disturbances,
shall have power to call out the posse, for the purpose of re¬
storing order.
Sec. 3. Be it further enacted, That the first election shall
be held under the direction of the chief justice of the county,
after having given ten days notice thereof, and annually af¬
terwards by the presiding officer, at least ten days prior to
the expiration of his term of office, and that in case of death
or resignation, the vacancy or Vacancies shall be filled by new
elections.
Sec. 4. Be it further enacted, That no person shall be eli¬
gible to hold an office in said corporation or to vote for the mem¬
bers of said body, unless he shall be the owner of real estate in
said town, and shall have acquired the rights of citizenship in
conformity with the laws of this republic.
Sec. 5. Be it further enacted, That it shall be the duty
of the aldermen from time to time to pass such rules and ordi¬
nances for the regulation of the police and preservation of or¬
der, within the corporation limits as may be necessary, to levy
taxes fort he removal of nuisances,"and keeping the streets in or¬
der, and prescribing the penalties; Provided, however, than to tax
shall be levied unless by consen' of two thirds of the aldermen
present: it heingasscssed accordingly to the valuation of proper¬
ty, and when a meeting is called for this purpose, the object
must be stated in the notice, and for the collection, of which pek^
sonal property alone shall be subject to be seized.
Sec. 6. Be it further enacted, That to guard against a oc¬
cidents by tire, the citizens shall be required to keep in readi¬
ness hooks, ladders and buckets.
Sec. 7. Be it further enacted, That whereas there being
sundry public lots of ground in said corporation which are now
useless, the aldermen shall and are hereby authorized and ems
powered in conjunction with the county court of that county,
to alienate said lots, or such portion thereof as they may deem
advisable; the proceeds of such sale or sales, to be by them
jointly appropriated to the construction of a court house, jail,
and such other building or buildings as they may think necessary.
Sec. 8. Be it further enacted, That the said aldermen shall
have the privilege of establishingschaols within said corporation.
Sec. 9. Be it further enacted, That the rules and ordi¬
nances of said corporation shall not be contrary to the constitu¬
tion and laws of this republic.
Sec. 10. Be it further enacted, That the towns of San Au¬
gustine, Texana, Washington, Brazoria, Columbia, Velasco,
Richmond, Matagorda, Columbus in Colorado county, and In¬
dependence in Washington county, and the city of Houston,
Bexar, Nashville, Sarahville, Anahuac, Bevilport and Harris-
burg, be and the same are hereby incorporated, and shall each
have the powers, and to be governed by the rules that are here¬
in enacted for the incorporation and government of the town of
Nacogdoches,
B. T. ARCHER,
Speaker oj the House of Representatives.
JESSE GRIMES,
President pro tern, of the Senate.
Approved, June 5, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Requiring the Attorney General to report to the next Session of
Cong. ess.
Be it resolved, by the Senate and House of Representatives of
the republic of Texas, in Congress assembled, That the attorney
general is hereby required to report to the next session of con-
240
gress such a system for the organization and direction of the difc
ferent accounting officers of the government as is best adapted
to the condition of the country.
B. T. ARCHER,
Speaker of the House of Representees.
JESSE GRIMES,
President pro trm. of the Senate«
Approved, June 5, 1837.
SAM. HOUSTON.
AN ACT
To regulate the pay of Pursers in the Navy.
Be it enacted by the Senate and House of Representatives of
the republic of Texas, in Congress assembled, That the pay of
pursers in the navy shai! be the same as that of lieutenants.
B. T. ARCHER,
Speaker of the House of Representatives.
' JESSE GRIMES,
President pro tem. of the Senate.
Approvc-d, June 7, 1837.
SAM, HOUSTON.
JOINT RESOLUTION
For the Amendment of the Militia Law.
Be it resolved by the Senate and House of Representatives of
the republic of Texas, in Congress assembled, That the last sen¬
tence of the sixteenth section of an act approved December
the sixth, one thousand eight hundred and thirty-six, and enti¬
tled "an act to provide for the national defence, by organizing
the militia;" to wit: the words for fading to perform a tour of
duty when called on, one hundred dollars," be, and the same is
hereby repealed. B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 7, 1837.
SAM. HOUSTON.
241
AN ACT
To authorize the Consolidation and Funding of the Public Debt.
Whereas, it is deemed expedient to 'consolidate the public
debt by the creation of a stock fund commensurate therewith,,
by issuing certificates of stock in suitable and convenient shares;
it is also deemed expedient, in order that the public credit be
sustained and the public creditors relieved by the payment of a
fair interest on the government liabilities, that the same be thus
consolidated, and placed in a tangible form, so that the interest
may.be annually paid, and the debt secured to the public credi¬
tors until its final redemption:—Therefore,
Sec. 1. Be it enacted, by the senate aud' house of represen¬
tatives of the republic of Texas, in congress assembled, Tha* a
government stock be created to the amount of three millions
of dollars, or so much thereof as may be deemed necessary to
satisfy the just liabilities of the republic, to be divided into Shares
of one hundred dollars each, the certificates of which shall be
issued under the direction of the secretary of the treasury, sign¬
ed by the stock commissioner and countersigned by the comp¬
troller, which stock certificate shall bear interest at the rate of
ten per centum per annum, which interest shall for the first year
be paid at the end thereof, and thereafter semi-annually at the
treasury of this republic or at such other point as the secreta¬
ry of the treasury shall direct by public advertisement.
Sec. 2. Be it further enacted, That the interest on the said
'Certificates of stock, shall be computed from the first day of Sep¬
tember, one thousand eight hundred and thirty-seven; and that'
the whole stock so created shall be redeemable at the discretion
of the government, at any time after the first day of September,
eighteen hundred and forty-two, by giving six months previous
notice of such intention by public proclamation.
Sec. 3. Be it further enacted, That the public faith is
hereby pledged for the redemption of said stock agreeably to
the foregoing provisions; and so much of the public revenue
arising from impost and direct taxation, as may be necessary to
meet the annual interest of the funded debt is hereby appropri¬
ated and set apart for that special purpose.
Sec. 4. Be it further enacted, That the holders, of certifi¬
cates of this stock shall not be permitted to transfer the same
only on the books of the stock commissioner, by the holder in
person, his lawful attorney or legal representative, under such
rules and regulation as the secretary of the treasury shall di-
m-
fect;nor shall said transfer be made within thirty days of the
day on which the interest falls due.
Sec. 5. Be it further enacted, That if, from unavoidable
accident or other casualty, the holder of a certificate.or certifi¬
cates should be deprived of the same, then and in that case the
stock commissioner shall be, and he is hereby authorized and
required to issue to the interested party a new certificate or
certificates corresponding in every particular with the originals,
making a proper note of the same, by his receiving satisfactory
proof of such loss; and in all cases the holders of this stock may
be represented by their legally authorized agents.
Sec. 6. Be it further enacted, That the secretary of the
treasury be and he is hereby authorized and required to procure
the proper blank stock certificates in form to suit the provisions
of this law, and that the office of the stock commissioner be or¬
ganized under his supervision, and that he notify the public cre¬
ditors, by advertisement, to present their claims to the proper
department on or before the first day of September next ensu¬
ing, or as soon thereafter as practicable, in order that they may
receive the corresponding shares in stock certificates bearing
date first September next: Provided, however, that certificates
shall issue on no claims, other, than those which have passed
the proper auditorial department in conformity to law; and it
is also further provided that interest be allowed on no claims
other than those which have been or shall be-funded.
Sec. 7. Be it further enacted, That all just demands against
the government shall be received at par, for stock certificates:
Provided, the same shall amount to even shares; and if the claim
or claims shall not amount to an entire share or shares, then,
and in that case, the holder shall have the privilege to m ake up
the deficit in cash at a discount of ten per centum which the
commissioner is hereby authorised and required to allow, pro¬
perly accounting for the same.
Sec. 8. Be it further enacted, That the president be and he
is hereby authorized and required to appoint, by and with the
advice and consent of the senate, a suitable and fit person as
stock commissioner, who shall perform the duties contemplated
by this law, and whose salary shall be fifteen hundred dollars
per annum, payable in the same manner of other public officers,
and also a suitable and fit person as comptroller of the treasury
whose duty it shall be, to investigate and pass on all claims
against the treasury, and also to inspect all claims presented to
the stock commissioner, and if found correct, he shall ci mater-
243
sign the same, and also countersign all stock certificates which
shall be issued by the commissioner, keeping and rendering pro¬
per accounts, and generally to do, and perform all the duties
contemplated by this law, and whose salary shall be fifteen hun¬
dred dollars per annum, payable in the same way and manner
of other public officers; And be it also further provided. That
the stock commissioner shall retain in proper files, as vouchers,
all the evidences of debt on which certificates of stock have
been issued; which vouchers shall be investigated by a joint
committee from both houses of the general congress, who shall
examine and report on the same for the proper disposition of
that body.
Sec. 9. Be it further enacted, That any person or persons
who shall be found guilty of counterfeiting or altering any cer¬
tificate of stock which shall be created under this act, or any
power of attorney for the transfer thereof, shall on conviction
before a competent tribunal be adjudged a felon, and punished
in conformity with the Jaw.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 7, 1837.
SAM. HOUSTON.
AN ACT
Co me mi ng fees of Sheriffs, Constables and Solicitors.
Be it enacte Iby the Senate and House of Representatives of
the republic. of Texas, in Congress assembled, That in addition
to the fees already allowed to sheriffs and constables, they shall
be allowed to charge and receive five cents for every mile
they must necessarily travel, in going and returning on business
of their office, and to solicitors shall be allowed for all convic¬
tions under the gambling act,the same fees as are adowed in
cases of felony. B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 7, 1837.
SAM. HOUSTON.
SS
JOINT RESOLUTION
Authorising the President to leave the seat of Government for the
space of thirty daysy to organise the corps of mounted Gun Men.-
Besohed, by the senate and house of representatives of the re*>
public of Texas, in congress asserrtblcd, That the'president of this
republic, be, and he is hereby authorised and empowered to
leave the seat of government for the space of thirty days, if he
should deem it expedient, to organize and set on foot the corps
of mounted gun men, authorized to be raised by the act passed
the present session of congress for the protection of our noth-
ern frontier.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tern, of the Senate.
Approved, June 7, 1837.
SAM. HOUSTON.
AN ACT
For the Incorporation of the Town of Liberty.
Sec. 1. Be it enacted, by the senate and house of representa¬
tives of the republic of Texas in congress assembled, That the citi¬
zens of the town of Liberty be and they are hereby declared a
body corporate and politic under the name and style of the
"Corporation of the town of Liberty," who shall have the pow¬
er of suing and being sued, of pleading and being impleaded,
and to hold and dispose of real and personal property within the
limits of 9aid corporation.
Sec. 2. Be it further enacted, That it shall be the duty of
the citizens of said corporation to elect seven trustees, who shall
select from their own body a presiding officer or mayor, a treasur¬
er and a secretary, they shall also appoint a' collector and con¬
stable; the treasurer and collector being required to give security
to be approved by said trustees, in such amount as they may
deem necessary, and to make reports when required by the may¬
or, who shall have the power when necessary to suppress riots
and disturbances, to call out the citizens of said corporation for
thepurposeof restoring order.
245
Sec. 3. Be it further enacted^ That the first election shall
be held under the direction of the chief justice of the county,
after haring given ten days notice thereof, and annually after¬
wards by the presiding officer, at least ten days prior to the ex¬
piration of his term of office, and that in case of death or re¬
signation, the vacancy or.vacancies shall be filled by new elec¬
tions to be ordered by the mayor.
Sec. 4. Be it further enacted, That no person shall be eli¬
gible to hold an office in said corporation to vote for the mem¬
bers of said body, unless he shall have resided within said cor¬
poration during the period of six months immediately preceding
such election and have acquired the rights of citizenship in con¬
formity with the laws of . this republic.
Sec. 5. Be it further enacted, That it shall be the duty of
the trustees, from time to time to pass such rules and ordinances
for the regulation of the police and preservation of order, with¬
in the corporation limits as may be necessary, to levy taxes for
the removal of nuisances and keeping the streets, and to pre¬
scribe penalties: Provided however^ that no tax shall be levied un¬
less by consent of two thirds of the citizens present: said tax to
be assessed according to the valuation of property, and when a
meeting is called for this purpose, the object must be stated in
the notice, and for the collection of which personal property
alone shall be subject to be seized.
Sec. 6. Be it further enacted, That whereas there arc
four leagues of land belonging to said town which are now use¬
less, the trustees shall and are hereby authorised and empower¬
ed in conjunction with the county court of the county of Liber¬
ty, to alienate said lands, or such portion thereof as they may
deem advisable; the proceeds of such sale or sales to be by them
jointly appropriated to the construction of a court house, jail,
and such other public buildings and for such other purposes as
they may think proper; Provided always, that those persons who
have taken lots in said town shall have the right of keeping
the same, and it shall be the duty of said commissioners and of
the county court, to issue titles to such individuals upon their
paying to the treasurer the amount of the valuation of the lots
so taken.
Sec. 7. Be it further enacted, That the said trustees
shall have the privilege of establishing schools within said cor¬
poration.
246
Sec. 8. Be it further enacted, That the rules and ordi¬
nances of said corporation shall not be contrary to the constitu¬
tion and laws of this republic.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 7, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Authorising the Sheriffs of the different Counties of this Republic
to rent or lease houses, employ Guards fyc.
Resolved', by the senate and house of representatives of the
republic of Texas, in Congress assembled, That the sheriffs of
the different counties of this Republic be and they are here¬
by authorised to lease or rent suitable houses for the safe keep¬
ing of afiy prisoners committed to their charge and if necessa¬
ry to employ a sufficient guard to guard such prisoner or pris^
oners, and it shall be the duty of the county courts to allow such
accounts together with all other reasonable and necessary ex¬
penses incurred by any sheriff in the performance of his duty.
B. T. ARCHER,
Speaker rf the. House of Representatives.
JESSE GRIMES,
President proiem. of the Senate.
Approved, June 7, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Defining the powers of the Commissioners of Roads and Revenue.
Whereas, the bill organising the justice's courts, gives to
the commissioners of roads and revenue the entire control and
superintendence of roads, bridges, ferries and the poor: and
whereas an act entitled "an act authorising and requiring coun¬
ty courts to regulate roads, appoint overseers and license ferries,
247
and so forth," approved twentieth December, eighteen hundred
and thirty-six, gives certain powers, rights and privileges, and
requires certaiu duties of the county courts in regard to ro,ads,
ferries and the poor:
B<s it resolved, by the Senate and House of Representatives of
the republic of Texas, in Congress assembled, That all the pow¬
ers, rights and privileges given, and duties required of the counr
ty courts in the above recited act of December the twentieth,
eighteen hundred and thirty-six, be understood as belonging to
and required of the commissioners of roads and revenue in the
several counties of the republic and not belonging to, or requir¬
ed of the county courts.
B. T. ARCHER,
Speaker of .the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 7, 1837.
SAM. HOUSTON.
AN ACT
To prescribe the mode, of holding Courts of Admiralty.
Be it enacted by the Senate and House of Representatives of
the republic of Texas^ in Congress assembled, That from and af¬
ter the passage of this act, whenever the president shall be in¬
formed by any person interested . that there is a case cogniza¬
ble in the court of admiralty which should be immediately ad¬
judicated, it shall be his duty to issue an order, directed to the
most convenient judge of the district court, commanding him
without delay to proceed to the place most convenient and
adjudicate the same; and it shall be the duty of said judge to
obey said order and proceed forthwith to dispose of the case
according to law*
B. T. ARCHER,
Speaker oj the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 7, 1837.
SAM. HOUSTON,
us
JOINT RESOLUTION
For all Agents of Government to give security for the faithful per¬
formance of their duties
Resolved, by theSenate and House of Representatives of the
Republic of Texas, in Congress assembled, That the agents of
the government who may hereafter be appointed, shall give
bond and security to .the president, and his successors in office,
(in such amount as the president may think proper,) for the
punctual and faithful performance of their duties; also all agents
or officers now in office who have the receiving or disbursing of
the government funds; to give the president and his successors
in office such bonds and security for the faithful performance of
their several duties, and in default of such bonds and security
being giventthe president is hereby authorized to remove them
from office, and appoint others in their place.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tern, of the Senate.
Approved, June 7, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Respecting Fees of Attornics.
Resolved, by the Senate and House of Representatives of the
Republic of Texas, in Congress assembled, That so much of "an
act entitled an act establishing the fees of office," as relates to the
perquisites of the attorney general or district attornies shall be
"understood to enure to the use of the said attornies as perqui¬
sites of office, instead of to the use of the republic of Texas.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tern, of the Senate.
Approv;d, June 7, 1837.
SAM. HOUSTON.
24§
AN ACT
Supplementary to an Act establishing the County of Houston.
Be it enacted by the Senate and House of Representatives of the
republic of Texas, in Congress assembled, That the county of
Houston shall be included in the first judicial district of this re¬
public and the district courts for said county, shall be holden on
the last Mondays of February and August, and can continue one
week and no longer.
Sec. 2. Be it further enacted, &;c. That the county courts
for said county shall be holden on the first Mondays in January,
April, July and_October.
Sec. 3. Be it further enacted, That the-said county shall be
attached to the senatorial district of Nacogdoches.
. B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
Prssident pro tern. of the Senate.
Approved, June 12, 1837.
SAM. HOUSTON.
AN ACT
Authorising the issuing the Promissory JYotes of the Government.
Sec. 1. Be it enacted, by the Senate and house of representa¬
tives of the republic of Texas, in congress assembled, That the pre¬
sident be, and he is hereby authorised and required to issue prom¬
issory notes of this government payable at the treasury of the
republic to the amount of five hundred thousand dollars, which
notes shall be signed by the president, and countersigned by
the secretary of the treasury: Provided, that no note shall be of
a less denomination than one dollar or a greater amount than
one thousand dollars.
Sec. 2. Be it further enacted, That the said notes shall be
payable twelve months after date, and shall draw an interest of
ten per cent, per annum, from date.
Sec. 3. Be it further enacted, That the said notes at any
time before or after maturity, shall be considered as cash, and
shall be received as cash for all dues owing or coming to the gov¬
ernment.
250
Sec. 4. Be it further enacted, That the president is au-
authorised to have said bills printed and draw on the treasurer jfor
the sum necessary to be paid out of any money in the treasury
not otherwise appropriated.
Sec. 5. Be it further enacted, That one fourth of the pro¬
ceeds arising from the sale of the Islands contemplated to be
sold by an act of this congress shall be paid into the treasury,
to be paid out only for the redemption of these promissory notes
of the government.
Sec. 6. Be it further enacted, That the president is author¬
ized to seli five hundred thousand acres of land scrip, the pro¬
ceeds of which shall be paid into the treasury, to be paid out
only for the redemption of these promissory notes of the gov¬
ernment: Provided, that this scrip shall be disposed of at not less
than fifty cents per aere, and provided further, that the agents
appointed to sell the scrip, shall give bond and approved person¬
al security in double the value of the scrip so delivered to him
for the faithful discharge of his duty as agent.
Sec. 7. Be it further enacted, That all improved forfeited
lands are hereby pledged for the redemption of these promisso¬
ry notes of the government, and in addition the faith and credit
of the government are hereby solemnly pledged.
Sec. 8. Be it further enacted, That these promissory notes
shall be issued and paid out alone for and on account of the ex¬
penses of the civil departments of the government: Provided
however, that the president be and he is hereby authorized and
required to expend a sum not exceeding the sum of one hun¬
dred thousand dollars for the purchase of horses and munitions
of war, to be used by the rangers and mounted gun men, and
in a campaign against the Indians.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tern, of the Senate.
Approved, June 9, 1837.
SAM. HOUSTON.
251
JOINT RESOLUTION
For the benefit of J. fV. Moody.
Resolve,d by the Senate and House of Representatives of the
republic of Texas, in Congress assembled, That twelve hundred
and fifty dollars be and the same is hereby appropriated to J.
W. Moody, auditor of public accounts, to reimburse him for mo¬
ney paid for clerk hire, out of any money in the treasury not
otherwise appropriated.
B. f. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tern, of the Senate.
Approred, June 9,1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the beneft of Alexander Walsh.
Resolved, by the senate and house of representatives of the rca
public of Texas, in congress assembled, Tha* the auditor be au¬
thorized to audit the claims of Alexander Walsh, allowing him
at the rate of twelve hundred dollars per annum, for the time
he served as clerk in the war department, and all other clerk's
claims of a similar nature properly authenticated.
B. T. ARCHER,
Speaker of the house of representatives.
JESSE GBIMES,
President pro tem. of the Senate.
Approved, June 9, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Authorizing the president to send, an agent to the United States, to
settle with the agents for land sciip.
Resolved, by the Senate and House of Representatives of
the republic of Texas, in Congress assembled, That the president
be authorized to appoint an agent to proceed to the United
252
States with instructions to receive the unsold land scrip; and to
settle with the different agents heretofore appointed by the gov-
ornment; and that he be also directed to sell any scrip he may
receive for cash, at not less than the minimum price; and the
pri ceeds be deposited in bank, subject to the order of the sec¬
retary of the treasury: except such portion thereof as the agent
may deem expedient to expend for provisions, arms, clothing,
or ammunition for the use of this republic.
B. T. ARCIIER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro Inn. of the Senate.
Approved, June 9, 1838.
SAM. HOUSTON.
JOINT RESOLUTION
Requiring the Auditor of public accounts to audit the accounts of
J. Bryant and S. Francois.
Resolved by the Senate and House of Representatives of the Re¬
public of Texas, in congress assembled, That the auditor of public
accounts is hereby authorized and required to audit the accounts
of John Bryant for three hundred and sixty-four dollars; and al¬
so to audit the account of Sebastian Francois for thp sum of two
hundred and fifty-nine dollars: and further; that said Bryant
and Sebastian arc entitled to twelve hundred and eighty acres
land each, as bounty land for services rendered this republic as
soldiers.
B. T. ARCHER,
Speaker of the house of representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 9, 1837.
SAM. HOUSTON.
253
AN ACT
To raise a public revenue bp Impost Duties
Whereas, it is deemed expedient to raise a public revenue
by impost duties, to aid in defraying the public expenses, sus¬
taining the public credit, and securing to the public creditors a
fair annual or semi-annual interest on their shares of stock in
the funded debt:
Sec. 1. Therefore be it enacted by the senate and house <f
representatives of the republic of Texas in congress assembled, That
from and after the passage of this act, there shall be imposed on
all goods, wares and merchandize, which may be introduced into
this republic, the duties hereinafter "designated, which shall be
levied and collected in conformity with the following classifica¬
tion, viz:—
Classification of duties to be exacted at the several points of entry in
Texas, on goods imported into the republic.
- Provisions and groceries, bread stuffs, including corn, wheat,
barley and oats, free: beef pickled, free: pork, salted, and
smoked free: butter sixth and a fourth cents per pound: codfish
one dollar per hundred pounds: mackerel one dollar and fifty
cents per barrel: salmon two dollars per barrel: herrings one
dollar per barrel: herrings, in boxes, one dollar per hundred
pounds: shad one dollar and fiity cents per barrel: neat's
tongues, pickled or smoked free: potatoes, onions, beets, beans,
and rice, free: coffee one cent per pound: sugar, brown, two
cents per pound: sugar, white, four cents per pound: molasses,
or syrup five cents per gallon: tea, black, twelve and a half
cents per pound: tea, green, twenty-five cents per pound: spices*;
pepper, five cents per pound: pimento or allspice, five cents per
pound: cinnamon, cloves, and other spices, ten cents per pound:
mustard twenty-five^per cent ad valorem: pickles twenty-five
per cent ad valorenrt: fruits, apples or peaches twenty-five per
cent ad valorem; preserved in brandy or other spirits twenty-
five per Cent ad valorem: raisins, figs, almonds, filberts, &c. three
cents per pound: oils, salad, spermaceti, whale, rape, and lin¬
seed fifteen per cent ad valorem: candles, tallow, two cents
per pound; spermaceti, three cents per pound; wax, four cents
per pound: soap, yellow, four cents per pound: salt three cents
per bushel of fifty pounds: vinegar, free. Other articles of pro-
251
visions and groceries, not herein enumerated, twenty-five per
cent ad valorem. Liquors, spirits, whiskey, first and second
proof, twenty-five cents per gallon: third and fourth proof, thir¬
ty-seven and a half cents per gallon; above fourth proof, fifty
cents per gallon: brandy, first and second proof, fifty cents per
gallon; third and fourth proof, sixty-two and a ha if cents per
gallon; above fourth proof, seventy-five cents per gallon: gin,
same as brandy: rum, same as brandy: all other spirits not
enumerated, including cordials and liquors of all kinds, will pay
the same duties as brandy. Wines, claret, twenty-five cents
per gallon: other red French wines, twenty-five cents per gal¬
lon: Oporto, or port wine, thiity-seven and a half cents per gal¬
lon: French white wines, twenty-five cents per gallon: Cham-
paigne, one dollar per gallon: Madeira, seventy-five cents per
gallon: Teneriffe, thirty-seven and a half cents per gallon:
Spanish white wines, twenty-five cents per gallon: Spanish red
wines twenty-five cents per gallon: German wines, Hock, Rhe¬
nish, &c., fifty cents per gallon. Malt liquors of all descrip¬
tions, free. Champaignc in bottles, per dozen, two dollars: oth¬
er wines, per one dozen bottles, one dollar and fifty cents: all
other liquors in bottles, per dozen, two dollars. Dry goods: all
articles of which wool forms a component part, twenty-five per
cent ad valorem: all articles of which linen forms a component
part, twenty five per cent ad valorem: all articles of wuich cot¬
ton forms a component part, fifteen per cent ad valorem: all ar¬
ticles of which silk forms a component part, thirty per cent ad
valorem: wearing apparel, ready made, and other personal bag¬
gage in actual use, and tools of trade, free: wearing apparel,
ready made, otherwise imported, thirty per cent ad valorem.
Shoes and boots twenty-five per cent ad valorem. Hats, of all
descriptions, twenty-five per cent ad valorem. Leather; all ar¬
ticles of which leather forms a component part, twenty percent
ad valorem. Jewelry, thirty-three and one third per cent ad
valorem. Miscellaneous articles, iron, implements of iron for
purposes of husbandry, such as ploughs, harrows, hoes and axes,
twelve and a half per cent ad valorem. Tools of all descrip¬
tions for carpenters, cabinet makers, joiners, and blacksmiths,
fifteen per cent ad valorem. Bar iron, fifty cents per hundred
pounds. Nails and screws, one dollar per hundred pounds. All
other articles of which iron or steel form a compotent part, not
herein enumerated, twenty per cent, ad valorem. Copper, all
articles of which copper forms a compenent part, twenty per
255
per cent ad valorem. ' Lead; all articles of* which lead forms 3
component part, twenty per cent ad valorem. Tin; all articles
of which tin forms a component part, twenty per cent ad valo¬
rem. Brass; all articles of which brass forms a component
part, twenty per cent ad valorem. Pewter; all articles of
which pewter forms a component part, twenty per cent ad va¬
lorem. Glass, and glass ware, twenty per cent ad valorem.
Earthern ware, twenty per cent ad valorem. Ivory, twenty per
cent ad valorem. Drugs and medicines of all descriptions, twenty
per cent ad valorem. Paints of all descriptions, twenty per
cent ad valorem. Furniture of all classes, fifteen per cent ad
valorem. Fire arms and munitions of war of all descriptions,
free. Carriages; pleasure carriages of all descriptions, twenty-
five per cent ad valorem. Wagons, carts, drays, &c., ten per
cent ad valorem. Playing cards, fifty per cent ad valorem.
Coal, free. Corks, twelve and a half cents per pound. Combs
of all descriptions, twenty-five per cent ad valorem. Cordage,
and bale rope, two cents per pound. Lumber of all descriptions
free. Building stone, bricks, tiles, or slates, free. Lime for
building, free. Tobacco, in segars, two dollars and fifty cents
per thousand: tobacco in any form than in segars, thirty
per cent ad valorem. Seeds of all descriptions, free. Brush¬
es of all kinds thirty per cent ad valorem. Paper; blank post
folio, or quarto paper, ten per cent ad valorem: blotting, cart¬
ridge, and copying paper, seven per cent ad valorem. Saltpe¬
tre, six and one fourth cents per pound; and all other articles,
not herein enumerated, shall pay a duty of twenty-five per cent
ad valorem.
Sec. 2. Be it further enacted, and so forth, That the fol¬
lowing designated places, with their given boundaries, be made
ports of entry, and within which bounds custom houses shall be
established, and collectors of the public revenue shall be ap¬
pointed, a'"id reside at the several ports for which they were ap¬
pointed, viz. Commencing at the Rio Grande, and following the
coast of the Gulf, East, to the mouth of San Antonio river, shall
at present compose the south-western collectoral district, which
shall be called the district of Aransaso. Commencing at the
mouth of the ^an Antonio river, and following the coast of the
Gulfeastwardly to the mouth of Cedar Lake, shall compose one
collectoral district, to be called the dishrict of Matagorda.
Commencing at the mouth of Cedar Lake Creek, and following
the coast of the Gulf, east, to the mouth of Oyster creek, shall
compose one collectoral district, which shall be called the dis-
23
256
trictof Brazos. Commencing at the mouth of Oyster Creek,
and following the coast of the Gulf east to Bolivar Point, shall
compose one collcctoral district, which shall be called the dis¬
trict of Galveston. Commencing at Bolivar Point, and follow¬
ing the coast of the Gulf to the middle of Sabine bay, thence
up the bay to the mouth of the river Sabine, and up with that
stream so far as to include a certain ferry, known as Lowe's
ferry, shall compose one collcctoral district, which shall be
called the district of Sabine. Commencing at Lowe's ferry, and
following the Sabine up to the thirty-second degree of north lati¬
tude, thence north to Red River, shall compose one collectoral
district, which shall be called the district of San Augustine. A
custom house shall be established within the limits of each col¬
lectoral district, at such point in each as the president and secre¬
tary of the treasury shall direct, for the time being; until, from
proper surveys, the most eligible points shall be ascertained for
permanent locations.
Sec, 3. Be it further enacted, and so forth, That all goods,
wares, or merchandize which may be introduced into this repub¬
lic, shall be entered at the custom house of the district in which
they may or have been landed in conformity with the law.
And all persons neglecting, evading,[or refusing to comply with
the provisions of this law, whether citizen or alien, shall be
deemed smugglers, and treated accordingly. That every mas¬
ter of vessels arriving in any of the ports of this republic, shall,
within twenty-four hours after his arrival, and previous to dis¬
charging any part of his cargo, present to the collector of said
port a manifest of all the cargo on board his vessel; which ma¬
nifest must exhibit at length the marks and numbers of packa¬
ges, and the quantity of each article constituting the cargo, toge¬
ther with the names of the respective consignees. In default of
which a penalty of five hundred dollars shall be enforced and
collected by said collector for the benefit of this republic. And
all captains wilfully making or returning false manifests, with
an intent to defraud, shall, in addition to a fine of one thousand
dollar, to be exacted by the collector, be thereafter incompetent
to enter or clear a vessel in any of the ports of this republic;
and both master and vessel held accountable.
Sec. 4. Be it further enacted, &c. That each consignee
shall be required to make duplicate entries of all goods, wares,
or merchandize to them consigned; which entries shall contain,
af)#ength, the marks and numbers of packages, together v ith
their contents, quantities, and value and to which the follo^ryjg
257
*ath shall be subscribed in presence of the collector : " I, A B,
do solemnly swear that the foregoing entry contains a full, true,
and just account of all the goods consigned to me, together with
the cost thereof, now on board (here mention the vessel and
captain's name, and where from) to the best of my knowledge
and belief, so help me God." And it shall be the duty of the
collector, or the officers appointed under him, to take an account
of all goods so imported; and all goods found over and above
the quantity represented in the entries, shall be confiscated for
the use of the republic. And it shall also be the duty of said
collectors to have all dutiable goods securely lodged in publie
stores, until the duties are properly secured : they shall in all
cases where the duties are not paid down, require two or mop®
responsible securities, as in their judgment may be deemed pro¬
per, for the payment of all such duties, accruing to this govern¬
ment in conformity with the foregoing tariff.
Sec. 5. Be it further enacted, &c. That where any im¬
porter, factor, or consignee, whose duties, by any one importa¬
tion, shall amoun t to five hundred dollars or upwards, that the
amount shall be divided and securely bonded, payable, the one
half in three, and the other half in six months from the date of
entry; and on all sums under five hundred dollars, and over one
hundred dollars, three months; and on all sums under one hun¬
dred dollars the duties must be paid in cash. And on all foreign
vessels entering the ports of this republic, there shall be collected
one dollar per ton, tonnage duties ; and also such fees of office
for clearing, registering, and transferring vessels, as may be law¬
ful to receive in the ports of the United states of America for
the same services. And it is also further provided, that the col¬
lectors shall give bond and security in the sum of twenty five
thousand dollars, conditioned for their true and faithful perform¬
ance; and be required to make their returns quarterly to the
treasury department, showing the number and class of vessels
which have entered, their separate and aggregate amount of
tonnage, together with the aggregate amount of goods, when
and by whom introduced, the amount of money, date, and from
whom received; the amount bonded, and when payable; and
that the same be published quarterly by order of the secretary
of the treasury. And any collector of the public revenue, wr*o
is found guilty of embezzling the same, or conniving, aiding, or
abetting in defrauding the public treasury, shall be deemed
guilty of a misdemeanor, and^ on conviction thereof before a
competent tribunal, shall be punished accordingly, dismissed
258
from office, and rendered incapable ever thereafter of holding
any office of honor, trust, or profit in this republic.
Sec. 6. Be it further enacted, &c. That all collectors of
the public revenue, before entering on the duties of their
offices shall take the oath prescribed for all public officers, be¬
fore any person competent to administer the same; which oath
shall be subscribed, and together with th? bond shall be filed
in the Treasury department. And be it further provided, That
each principal collector shall be entitled to have one principal
clerk; and also to employ, when necessary, other subordinate
officers, as from time t< fime he may find necessary : as well
also as common laborers, when they may be needed; at all
times, however, using a prudent and sirict economy for the
protection of the public revenue; which said subordinate clerks,
officers, and laborers, he shall allow such pay as a necessary
prudence shall direct, payable out of the proceeds of the collec¬
tions by him made.
Sec. 7. Be it further enacted, &c. That the principal
collectors of the public revenue shall receive as compensation
for their services, viz. Allowing two thousand dollars to be a
fair minimum per annum salary, which may be increased ordi-
miniahed as hereinafter provided, to wit : On all monies receiv¬
ed and paid into the treasury they shall be entitled to receive
two and a half per cent, until the commissions shall amount to
the minimum salary; and the one half of one per cent, on all
sums after the commissions shall have run up to the minimum
salary; then and in that case the commissions to be the salary.
Sice. 8. Be it further enacted, &c. That all goods, wares,
and merchandize, which may be introduced into this republic
by land, shall be entered at the proper custom house of the dis¬
trict in which they may be introduced, under the pains and pe¬
nalties of this law. And all persons evading, or attempting to
evade the provisions of this law, shall be considered guilty of a
misdemeanor and punished accordingly. And all the goods,
wares, or merchandize smuggled or attempted to be introduced
in contravention to the provisions of this law, shall be subject
to seizure and confiscation, together with the vehicle by which
they were conveyed; and after thirty days' public notice shall
be sold for cash, the one half of the proceeds of which shall go
to the informer, and the other to the public treasury, after de¬
ducting the expenses of such sale.
Sec. 9. Be it further enacted, &c. That the principal col¬
lector of each port shall have a deputy, who shall also take the
259
oath of office, and whose duty it shall be to perform the duties
of the principal, when from any unavoidable cause he may be
rendered incompetent to perform his duties as required by law :
and at such ports as would permit, the chief clerk may be ap¬
pointed. And be it further provided, That the principal collec¬
tor shall be held accountable for the acts of his deputy, and all
other subordinate officers by him intrusted. And the princi¬
pal or deputy shall have the power to administer oaths in all
cases pertaining to their duties. They shall not be removed
from office during-the administration under which they were ap¬
pointed, without just cause. And be it further provided. That all
duties or public dues of whatever nature or description, shall be
collected or paid in gold, silver, or such current bank paper
as the authorities shall from time to time direct. And all debts
due to this republic for duties or other public revenue, shall be
considered and have preference and privilege over all other
claims.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the senate.
Approved, June 12, 1837.
SAM. HOUSTON.
AN ACT
To raise a Public Revenue by direct Taxation*
Sec. 1. Be it enacted, by the Senate and House of Repre¬
sentatives of the republic of Texas, in Congress assembled, That
there shall be levied on all real, personal, or mixed property,
within this republic^ a direct tax equal to one half of one per
cent, ad valorem^ which shall be levied and collected in the way
and manner hereafter provided.
Sec. 2. Be it further enacted, That there shall be ap¬
pointed in each county of this republic one assessor, which shall
be appointed by the county courts of the several counties, who
shall require of them bond and security for their faithful per¬
formance, and administer to them their oaths of office, which
oath shall be the same as prescribed for all public officers, vary*
ing the same to suit their several offices. It shall, be the duty
23*
2G0
of the assessor to register, in duplicate, the inventories of all the
property found within his proper county or district, one of which
shall be transmitted to the treasury department, and the other
passed over to the collector: which register shall show in proper
columns the person's name, quantity of land in acres, number of
negroes, horncu cattle, horses and mules, miscellaneous includ¬
ing all other unclassed articles. Under each specific head shall
appear the number and amount belonging to each individual,
arid one column showing tire aggregate or gross amount, and an¬
other column showing the corresponding amount of tax due
from each. This register shall be made out from the original
inventories, which the assessor shall preserve in all cases as re¬
ferences. The president shall issue his proclamation immediate¬
ly on the passage of this law, requiring the county courts to forth¬
with proceed to make the appointments required by this act:
and the assessors shall immediately enter upon the duties of
their office, and be required to make their returns to the treasu¬
ry department on or before the meeting of the next general con¬
gress; and the.several collectors shall commence their Cpllec¬
tions on the first day of October of each year, and make th&V
returns to the treasury department on or before the first day of
January ensuing.
StfP. 3. Be it further enacted, $-c. That all heads of fami¬
lies, or other individuals recognised by the laws of this republic
as free, and all agents or representatives of others, shall make
out, or procure to be made out, a fair valued inventory of all
the property to them belonging, estimating the same at what
may be ceemed a fair valuation, which inventory shall be sub¬
scribed and sworn to before the assessor, who is hereby author¬
ized to administer the following oath: "I, A B, do solemnly
■swear that the inventory here presented, and to which I have
subscribed, is a just, true and faithful valued inventory of all the
property known as belonging to me, to the best of my know¬
ledge and belief, so help me God."
And be it further provided, That if the assessor shall, in his
judgment, consider the property valued too low, or otherwise
incorrect, it shall be his duty, before administering the oath, to
call to his assistance two citizens of the neighborhood, to ap¬
praise or value the same: and any person rendering a false in¬
ventory shall pay double tax, and if with intent to defraud the
revenue, it shall be considered an indictable offence, and pun¬
ished accordingly.
Sec. 4. Bg it further enacted, d^c. That in all the depop.u-
261
lated counties of this republic, whereAhe county courts have hot
been organized, it shall be the duty of the former residents of
said counties, and they are hereby required to make their inven¬
tories and file the same with the assessor of the county in which
they may at the time reside, and pay over to the proper collec¬
tor their tax accordingly. The minimum'price of land shall not
be considered less than fifty cents, when from any cause the true
valuation cannot be had.
Sec. 5. Be it further enacted, <^c. That it shall be the du¬
ty of the chief justice of each county court to give notice by
public advertisement, in at least three of the most public places
in his county, that sealed proposals will be received for the ap¬
pointment of assessor, until the court shall meet and determine
on |whomf the appointment shall be conferred; which sealed pro¬
posals shall set forth the terms on which the duties of assessor
will be performed, and shall be directed to the chief justice, and
marked "Proposals for Assessor:" on the meeting of the court
the seals shall be "broken, and the proposals- examined: and
the court shall then confer the appointment on such as in
their opinion would be best calculated to perform the duties re¬
quired and protect the public interest; and for the performance
of all which duties they shall be entitled to their lawful fees of
office.
Sec. 6. And be it further enacted, fyc. That from and after
. -kre of this law, that each wholesale or retail dealer in
e pase^o riJ. merchandize, shall pay for each establishment
wares, goods • „nge 0p ftfty dollars per annum: each estab-
thus employed, a lict.. ^ or spirituous liquors, under one gal-
hshment for retailing wint*. annum: each establishment for
Ion, one hundred dollars per «hall be free: each billiard
retailing cider or malt liquors ?,-_a per annum. each nine
table, a license of two hundred dollai. 0f one hundred
pin alley, or any game of that kind, a JiCen- '^vern, within
and fifty dollars per annum: each public inn or u». 0f one
the limits of any incorporated town, shall pay a license . . m;.
hundred dollars; and if a retailer of wines or spirits,.the aau.
tional license; and all those neglecting or refusing to comply
shall suffer the pains and penalties of the revenue laws. And
be it further provided, That merchants or factors shall not
be required to inventory the goods which may be in their pos¬
session, on which duties have been paid, and which they only
hold as contingent, but only on their real amount of capital
employed.
£>jpc. 7. Be it further enacted, 8/c. That there shall be as-
262
sessed and collected on each head of horned cattle or horses in
this republic, belonging to citizens in the United States, one dol¬
lar per head; and it shall be the duty of every person having
in his possession or care property belonging to any individual in
the United States or elsewhere, to render to the assessor a list
of the same.
Sec. 8. Be it further enacted, <^c. That each and every
white male, over the age of twenty-one years, and under fifty-
five years of age, shall pay the sum of one dollar.
Sec. 9. Be it further enacted, fyc. That properly audit¬
ed drafts on the treasury of this republic shall be received in
payment of taxes imposed in this bill, except on billiard tables,
retailers of liquors, and nine pin alleys, or any game of that
kind.
Sec. 10. Be it further enacted, fyc. That all pedlars of
goods, wares, or merchandise, shall pay to the county court the
sum of fifty dollars in cash for every county they shall vend any
article in; and for vending any goods, wares, or merchandise,
without a license they shall be fined in the sum of five hundred
dollars for each and every offence, to be collected by any court
having cognizance of the same.
B. T. ARCHER,
Speaker of the House of Representatives..
JESSE GRIMES,
President pro tem. of the Sen&i*
Approved, June 12, 1837.
SAr-'.uOUSTON.
JOINT *"
U>1 _ RESOLUTION
For
„ . . Publishing the Laws and Journalst
Reso*-
stved, by the senate and house of representatives of the
•<otic of Texas, in Congress assembled, That the secretary
of state be authorized to have published at the expense of
this government, five hundred copies of the journals of both
houses of congress, and two thousand copies 6f the colonization
laws of the general congress of Mexico and of the state of Co-
ahuila and Texas, of the acts and decrees and resolutions of the
consultation of eighteen hundred and thirty five, and of the or¬
dinances and decrees of the provisional council of eighteen
hundred and thirty-five, and eighteen hundred and thirty-six*, of
263
the convention of March, eigteen hundred and thirty-six: and
the acts and joint resolutions of this congress, and that he fur¬
nish each member of this congress, the several judges, justice^
clerks and sheriffs of this republic with a copy of each.
B. T. ARCHER,
Speaker of ihe House of Representatives.
JESSE GRIMES,
President pro tern, of the Senate.
Approved, June 12, 1837. >
SAM. HOUSTON.
AN ACT,
Supplementary to an act entitled " an act to establish a general
land office for the republic of Texas," passed Dec. 22, 1836.
Sec. 1. Be it enacted by the Senate and House of Represew
atives of the republic of Texas, in Congress assembled, That the
land office, as established by the act passed on the twenty-sec¬
ond day of December last, shall go into operation on the first
day of October next, unless the county shall be invaded to an
extent inducing the President to call out at least one third of
the militia for its defence; in which case the President shall
have power "to close the land office by proclamation, until such
invasion has terminated.
Sec. 2. Be it farther enacted, &c. That the whole re¬
public of Texas shall be sectionized as follows : One base line
and four meridian lines shall be run in such manner as the
commissioner of the general land office shall direct; provided,
that no locations or surveys heretofore made agreeably to Jaw^
shall be affected by such sectionizing; and providedfurlher^thcit
these sectional lines shall not affect the previous or future sur¬
veys of land; but all lands surveyed for individuals, or for the
government, lying on water courses, shall front one half of the
square on the water, the line running at right angles with the
general course of the stream, and all others, not on water
courses, shall be square, if previous lin'es will permit; and if
Hot, to be run as circumstances will permit.
Sec. 3. Be it further evaded, &c. That in all cases the
registers and receivers of the land offices shall be furnished with
written instructions by the commissioner of the general land
office, for their government.
264
Sec. 4. Be it further enacted, &c. That after the first uay
of October next, no individual arriving in the country shall be
tmtitled to land as an emigrant; and from this time forward,
no more bounty land shall be given as an inducement to any
one to enter into service in the army of Texas.
Sec. 5. Be it further enacted, &c. That it is hereby de¬
clared that all emprcsarios' contracts having ceased on the day
of the declaration of independence, all the vacant lands of Texas
are the property of this republic, and subject alone to the dis¬
position of the government of the same.
Sec. 6. Be it further enacted, &c. That it is hereby made
the duty of all empresarios, commissioners, political chiefs, al¬
caldes, and other persons, to deliver over to the commissioner
of the general land office, all titles, surveys, books, papers, doc¬
uments, or other things in their possession or charge, belong¬
ing to this republic, or which by this act is made public property,
and so contemplated to be delivered over as aforesaid, which
shall be delivered over as aforesaid, on the application in per¬
son of said commissioner, or to his order in writing.
Sec. 7. Be it further enacted, &c. That should any cm-
presario refuse to comply with the provisions of the foregoing
section, he shall be liable to prosecution, and shall on convic¬
tion, forfeit to the government of Texas all premium lands
granted, or which he could claim by viitue of his said contract;
and should any commissioner, political chief, alcalde, or other
person, refuse to comply with the provisions of the foregoing
section, he shall be liable to prosecution, and shall, on convic¬
tion, be fined in the penal sum of twenty-thousand dollars; and
he shall, moreover, be imprisoned until he deliver up said sur
reys, books, &c., as required by law. Provided, That all pros¬
ecutions under this act shall issue from and be tried at the seat
of government of this republic.
Sec. 8. Be it further enacted, &c. That in order to settle
die claims of emprcsarios, each and every one of the same are
hereby authorized to institute a suit against the president of the
republic of Texas and his successors in office; which suit or
suits shall be tried in the county in which is situate the seat of
government of the republic of Texas; and shall be tried as all
other land suits are required by law to be tried. And should
any empresario who shall thus sue, fail to establish the claim
for which he sues, he shall pay all the costs of such suit. Pro-
265
tided. That neither aliens, nor the assignees of aliens, shall b«
entitled to the benefit of this act.
Sec 9. Be it further enacted, &c. That it shall be the duty
of the attorney general, to attend to all such cases in behalf of
the republic of Texas; and he shall receive as a compensation
for his services, the sum of five hundred dollars, in each and
©rery case; and the president is authorized to employ such ad¬
ditional counsel as in his opinion he may deem proper, and ab
low him ssch compensation as he may deem proper. Provided,
however, such compensation shall not exceed the compensation
allowed the attorney general.
Sec. 10. Be it further enacted, &c. That it shall be th«
duty of the president to appoint, during the present session of
congress, all the officers contemplated by the land law passed
on the twenty-second day of December last.
Sec. 11. Be it further enacted, &c. That it shall be the
duty of the surveyor, upon returning the field notes of any sur¬
vey, to certify upon oath that said survey was made either pre¬
vious to the closing of the land office by the consultation, or sub¬
sequent to the opening of the land office by the present session
of congress, as the case may be, which shall also be certified
by the chain carriers, if to be found in the republic, and if not,
by at least two respectable witnesses.
Sec. 12. Be it further enacted, &.c. That the secre¬
tary of wait shall, immediately from and after the passage of this
act, issue to all persons entitled to bounty lands for military ser¬
vices in this republic, a certificate or certificates of the same,
and shall keep a record in his office of all such certificates so is¬
sued by him, upon the applicant having an honorable discharge,
signed by the commanding officer of the company to which he
was attached, and countersigned with certificates of at least
one field officer or commandant of a post.
Sec. 13. Be it further enacted, &c. That it shall be the
duty of the surveyor-general of each land district to appoint
not less than six deputy surveyors in his land district, and as
many more as he may deem necessary, and shall assign to each
deputy a certain portion of territory, in which no other survey¬
or shall be allowed to survey.
Sec. 14. Be it further enacted, &c., That each deputy-
surveyor shall, before entering on the duties of office, give a
bond payable to the president of the republic of Texas, and his
366
SlicceSsdrs in office in thepehal sum often thousand dollars, with
at least two securities, to be approved of by the surveyor-gene
ral,. conditioned for the faithful performance of the duties of his
office.
B. T. ARCHER,
Speaker r j the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Vetoed by the president, and passed by a constitutional
majority ©f the house of representatives, June S, 1837.
B. T. ARCHER,
Speaker of the House of Representatives.
Vetoed by the president, and passed by a constitutional ma¬
jority of the senate, June 12,1837.
JESSE GRIMES,
President pro tem. of the Seriate.
AN ACT
Supplementary to an act, entitled " an act supplementary to an act
establishing a General Land Office in the i epublic of
Texas, passed Dec. %'2nd, 1836."
Be it enacted, by the Senate and house of representatives of the
republic of Texas, in congress assembled, That it shall be the duty
of the commissioner of the general land office, under the in¬
structions ofthe president, to cause so much of the vacant lands
of the republic to be surveyed and sectionized, in tracts of six
hundred and forty, and three hundred and twenty acres each,
as will be sufficient to satisfy all claims against the government
for scrip sold, soldiers' claims, and head rights, so soon as the
six months priority shall have expired after the opening of the
general land office.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
Prssident pro tem. of the Senate.
Approved, June 12, 1837.
SAM. HOUSTON.
267
AN ACT
Authorising the President to call out the Militia.
Resolved, by the senate and house of representatives of the re¬
public of Teccas, in congress assembled, That the president be and
he is hereby authorized to order out forthwith such a portion
of the militia as he may think proper for the better protection
of the frontier.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 12, 1337.
SAM. HOUSTON.
AN ACT
To Dispose of Galveston and other Islands of the Republic of
Texas.
Be it enacted by the Senate and House of Representatives of the
republic of Texas, in Congress assembled, That the secretary
of the treasury be, and he is hereby authorized and required to
cause the Island of Galveston except the league and labor 6old
to M. B. Menard and associates, and all other Islands within
this republic to be surveyed in lots not less than ten nor exceed¬
ing forty acres each, and that he cause the same to be sold at
auction to the highest bidder, on the second Monday of No¬
vember next at the state house in the city of Houston, the pro¬
ceeds of the sale to be paid in specie or the notes of current
and specie paying banks, in the following manner, to wit:
one fourth part thereof to be petid down, and the other three-
fourth to be in three equal instalments of three, six and nine
months.
Sec. 2. Be it further enacted, That all persons, aliens not
excepted, shall have the privilege of purchasing and holding the
same, and the president is authorized to issue patents to them
accordingly.
Sec. 3. Be it further enacted, That the proceeds of the
sales of all such Islands as may be sold by virtue of this act,
24
2G8
shall be applied as follows, to wit: one half to be applied to
the purchase of arms, munitions of war, clothing and pay for
the army, one fourth for the navy, and one fourth' shall be paid
into the treasury of the republic to be paid out only for the re¬
demption of the promissory notes of the government contem¬
plated to be issued by a law previously passed by this congress.
Sec 4. Be it further enacted, That the the secretary of
treasury shall cause the aforesaid sale to be published for three
months previous to the day of sale in New Orleans, Mobile,
Charleston, Baltimore, Philadelphia, New York, Boston, Nash¬
ville and Louisville, ICy., papers.
Sec. 5. Be it further enacted, That the secretary of the
treasury be authorized to pay the expenses of surveying, ad¬
vertising and sale, out of the first money received from the salos
aforesaid.
Sec. 6. Be it further enacted, That if any persons who
shall purchase any of the aforesaid lots or lands, shall fail to
make payment of the several instalments in conformity with this
act, he or they shall forfeit all such sums as they may have pre¬
viously paid, and the lots and lands purchased by such defaulter
shall revert to the government of this republic.
B. T. ARCHER,
Speaker of the house of representatives,
JESSE GRIMES,
President pro tern. of the Senate,
Approved, June 12, 1837.
SAM. HOUSTON.
JOINT RESOLUTION.
Concerning Major General Thomas Jefferson Chambers.
Resolved by the Senate and House of Representatives of the
republic of Texas, in Congress assembled, That the thanks of con¬
gress be tendered to General Chambers for the zeal and ability
with which he has defended and sustained the cause of Texas,
and the efficient manner in which he has discharged the duties
imposed upon him by his commission, in sending to her aid men,
arms and supplies by a sacrifice of his private fortune.
2nd. Resolved,, That the auditorial department be author¬
ised and required to settle with Major General Thmas Jcffer-
269
son Chambers, and that the president be authorised to render
justice in the fullest manner in all matters and things touching
the commission conferred upon him by the provisional g vern-
ment of Texas and his operations under that commission.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 12, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Employing extra Clerks in the Auditors Office.
Resolved, by the senate and house of representatives of the re¬
public of Texas, in congress assembled, Tha* the auditor of public
accounts be, and he is hereby authorized to employ as many
clerks as he may think necessary, for one. month.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 12, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the benefit of Texian Prisoners taken by the Mexicans.
Resolved, by the Senate and House of Representatives of
the republic of Texas, in Congress assembled.That the president be
and he is hereby authorised and empowered to send a flag of
truce to Matamoras or any other port of Mexico for the pur¬
pose of effecting an exchange of prisoners; and that he take all
other means that he may deem expedient to procure the release
of all citizens of Texas, the crew and other prisoners taken on
board the Independence and Julius Caesar and any other per¬
sons who may be prisoners there connected with this govern¬
ment.
270
Sec. 2. Resolved, That the president be and he is hereby
authorised to draw upon the secretary of the treasury for such
an amount of money as may be necessary to carry the foregoing
resolution into effect.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 12,1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the rliej of J. H. Harry.
Resolved by the Senate and House of Representatives of the Re¬
public of Texas, in congress assembled, That the auditor be and he
is hereby authorized and required to take up the drafts issued
on the treasury in favor of John H. Harry, and issue new ones,
drawing interest at the rate of ten per cent, from the first of
September last.
B. T. ARCHER,
Speaker of the. House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 12, 1837.
SAM. HOUSTON.
AN ACT
Establishing the County of Houston.
Be it enacted, by the Senate and house of representatives of the
republic of Texas, in congress assembled, That all that portion of
the county of Nacogdoches within the following limits, to wit:
Beginning on the east bank of Trinity river, at a point two
leagues above the mouth of Kickapoo creek, from thence in a
north easterly direction to the Neches at the mouth of Big Pine
creek; thence up the Neches to the thirty-second degree of
north latitude; thence due west to ttie Trinity river; thence
271
down the said river to the place of beginning, form a county to
be called and known bj the name of Houston county.
Sec. 2. Be it further enacted, That the citizens of said coun¬
ty be, and are hereby authorised and required to elect seven
commissioners, who, (a majority of them concurring,) shall se¬
lect a site for the seat of justice of said county.
Sec. 3. Be it further enacted, That the president be, and he
is hereby authorized to order an election for one representative,
and all the officers of the county to take place on the first Mon¬
day of September next and also to appoint commissioners to
hold said election.
B. T. ARCHER,
Speaker of the house of representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June , 12, 1837.
SAM. HOUSTON.
AN ACT
To authorize the President to appoint a Commissioner to run the Bounda¬
ry line between the United States of America, and the
Republic of Texas.
Be it enacted, by the senate and house of representatives of the
repiiblic of Texas, in Congress assembled, That the president be
and he is hereby authorized and empowered to appoint a com¬
missioner, by and with the advice and consent of the senate, to
unite with such commissioner as may be appointed by the Unit¬
ed States of America, to run and mark the boundary fine be¬
tween the t\yo governments, from latitude thirty-second degree
north on the Sabine river, to the Rio Roxo or the Red River,
agreeable to the treaty, made and entered into, between the said
United Statcsand Spain, in the year one thousand eight hun¬
dred and nineteen.
Sec. 2. And be it further enacted, That there shall be paid to
said commissioner out of any monies in the treasury, not other¬
wise appropriated, the sum of fifty dollars per diem, from the
time he may reach the point of departure on the Sabine river,
until the said line be completed*, which per diem, pay shall in-
24*
272
elude all incumbent expenses; Provided always, that the whole
expenses of running said line, shall not exceed the sum of three
thousand dollars.
B. T. ARCHER,
Speaker of the House of Representatives,
JESSE GRIMES,
President pro tern, of the Senate.
Approved. June 12, 1837.
SAM. HOUSTON.
AN ACT
For the relief of Minister? of the Gospel.
Be it enacte I, by the Senate and House of Representatives of
the republic of Texas, in Congress assembled, That from and af¬
ter the passage of this act, all ordained ministers of the gospel
shall he, and are hereby exempt from military duty.
B. T. ARCHER,
Speaker of the house of representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 12, 1837.
SAM. HOUSTON.
AN ACT
j!Supplementary to the several Acts organizing the respective Counties of
this Republic.
Whereas, many counties in this republic were not organiz¬
ed nor elections held for county officers at the time prescribed
by law from causes over which they had no control; Therefore,
Sec. 1. Be it enacted, by the senate and house of representa'
tives of the republic of Texas in congress assembled, That the
chief justices of all such counties shall have full power and au¬
thority to give notice and hold elections in said counties, at such
time as they may deem proper, for the elections of all county
officers at such precincts as elections are now held for said
counties, and in the same manner as is prescribed by law. Said
273
chief justice giving at least twenty days notice of the time
and places of holding said elections at five or more of the most
public places in their respective counties, and the elections
and organization of the several counties aforesaid, in manner
and form aforesaid, according to the constitution and laws, shall
be as legal and valid as if the said election had been held and
organization had at that time prescribed in the above recit¬
ed acts.
Sec. 2. And be it further enacted by the authority aforesaid,
That the elections in and for the county of Mina, held on the
eight day of April last, and the organization of. said county, to¬
gether with all the adjudications, acts and proceedings of the
officers of said county, are hereby declared to be as legal and
valid, to all intents and purposes, as if said elections and organ¬
ization had been held at the time prescribed by the above re¬
cited acts, any law to the contrary notwithstanding.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved, June 12,1837.
SAM. HOUSTON.
AN ACT
To authorize Justices of County Courts to act as Judges of Probate
and Notaries Public in certain cases
Be it enacted, by the senate and house of representatives of the
republic of Texas in congress assembled, That in cases in which
the chief justices of the county courts may be interested, and in
in case of the absence or inability of the chief justices to act,
the associate justices of the county court shall be authorized
to act as judges of probate; and either of the said associate
justices may act as notary public in such cases and during such
period.
B. T. ARCHER,
Speaker of the House of Representativet.
JESSE GRIMES,
President pro tem. of the Senate.-
Approved, June 12, 1837.
SAM. HOUSTON.
274
AN ACT
For the belter protection of the northern frontier»
Sec. 1. Be it enacted hy the Senate and House of Represenia~
fives of the republic of Texas, in Congress assembled', That a corps
of mcanted gun men, consisting of six hundred mounted men,
rank and file, shall be raised by voluntary enlistment,, for a term
of six months, dating from the time of rendesrvous, and officered
in the following manner, viz: ,one colonel, one lieutenant colo¬
nel, one major, ten captains, ten first and second lieutenants;
all of whom shall be appointed by the president, by and with
the advice and consent of the senate.
Sec. 2. Be it further enacted, That each officer and pri¬
vate shall furnish himself with a substantial horse, well'shod all
round, and extra shoeing nails, a good gun, two hundred rounds
of ammunition, and all other necessary equipment, provisions,
&c., except beef.
Sec. 3. Be it further enacted, That the officers shall re¬
ceive the same pay as is fixed in the corresponding rank in the
ranging service; and the privates twenty-five dollars per month,
and officers and men a bounty of land of six hundred and forty
acres each.
Sec. 4. Be it further enacted, That when spoils are taken
from the enemy, the commanding officer shall have'the same
divided equally amongst the officers and men.
Sec. 5. Be it further enacted, That the corps shall be di¬
vided into three divisions, to rendezvous at such times and pla¬
ces as may be directed by the president.
Sec. 6. Be it furthsr enacted,'^ hat a quarter master
appointed by the president, shall attend each division, whose
duty it shall be to purchase beef at the expense of the govern-,
ment for the supply of said troops.
Sec. 7. Be it further enacted, That each six men shall *
furnish themselves with a pfick-horse.
Sec. 8. Be it further enacted, That, if practicable,
there shall be attatched to each division one company of spies,
composed of Shawnees, Cherokees, Delawares, or of other
friendly Indians, who shall be supplied with provisions, and shall
receive such pay as may be agreed upon between them and the
president, which shall be paid'in goods.
Sec. 9. Be it further enacted, That when any officer or
275
soldier shall disobey orders, or shall behave in an ungentleman-
ly or unsoldierlike manner, if an officer, the president shall have
the power to discharge him dishonorably, and report the same
to the senate; and if a non-commissioned officer or private, in
like manner to give him a dishonorable discharge; and in all
cases of dishonorable dismissal the individual shall forfeit all
right to pay and bounty land; and it shall be the duty of the
president, in conformity with the provisions of this section, to
discharge all officers and soldiers in the service who disobey
orders.
Sec. 10. Be it further enacted,, That the president
shall have the power to appoint an inspector, or inspectors,
whose duty it shall be to report all delinquents to the president,
who on such information shall exercise the powers of dismissal
embraced in the preceding section.
Sec. 11. Be it further enacted, That the president shall
have the power of discharging them at an earlier period than
six months, if he should deem it expedient.
B. T. ARCHER,
Speaker of the House of Representatives.
1 JESSE GRIMES,
President pro tem. of the Senate«
Approved, June 12, 1837.
SAM. HOUSTON.
A RESOLUTION
Regulating the Meeting of Congress.
Resolved, hy the Senate and House of Representatives of the
Republic of Texas, in Congress assembled, That after the close
of the present session of congress, congress shall meet annually
on the first Monday in November, until otherwise ordered by
law.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tem. of the Senate.
Approved,
SAM. HOUSTON.
276
JOINT RESOLUTION
For the Relief of the Hon. B. C. Franklin.
Resolved, by the Senate and. House of Representatives of the
Republic of Texas, in Congress assembled, That B.1C. Frank¬
lin be, and he is hereby allowed, as judge of the district of
Brazos, the same pay and compensation as is fixed by law for a
district judge.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tern, of the Senate.
Approved,
SAM. HOUSTON.
JOINT RESOLUTION
In regard to the payment of District Judges.
Resolved, by the senate and house of representatives of the re¬
public of Texas, in congrrss assembled, That the auditor of public
accounts be, and he is hereby directed to audit, and issue his
drafts on the treasury quarterly, for the payment of the sala¬
ries of the district judges, in the same manner as is prescribed
by law for the payment of the salary of the chief justice of
this republic.
B. T. ARCHER,
Speaker of the House of Representatives.
JESSE GRIMES,
President pro tern, of the senate.
Approved, June 12, 1837.
SAM. HOUSTON.
INDEX.
pages*
Declaration of Independence, 3
Constitution of the Republic of Texas, 9
An act authorizing the President of the Republic to appoint his
cabinet officers, 27
Joint resolution recognizing the orders of Gen. T. J. Rusk, rela¬
tive to certain mail routes and carriers, 27
Joint resolution confirming the contract of Major General Mem-
ican Hunt, 28
An act for the relief of Erastus Smith, 28
Joint resolution for sending a minister to the United States, 29
An act providing for the increase of the navy, 30
An act providing ra-tionk and other comforts for soldiers, and
widows of soldiers at the town of Columbia, 31
An act to authorize the president to negotiate a Joan on the
bonds of the government not exceeding five million dollars, 32
Joint resolution explaining the different acts in relation to volun¬
teers, and extending the acts relating to bounty lands, 34
An act for establishing tides and articles for the government
of the armies of the republic of Texas, 34
Joint resolution for the relief of J. M. Wolf, 51
Joint resolution prescribing the oaths of office, 52
Joint resolution authorizing I he president to re-organize the army, 52
An act to protect the frontier, 53
An act to provide for the national defence by organizing the
militia, 54
Joint resolution for the relief of William Bryan, 68
An act compensating officers of the civil list, 69
An act relinquishing to Michael B. Menard and others, one
league and labor of land on the east end of Galveston Island, 70
An act adopting a national seal, and standard for the republic
of Texas, v 72
ii
PAGES.
Ail act establishing an agency in the city of Mobile, 73
An act defining the pay of mounted riflemen, now and hereafter
in the ranging service op the frontier, 74
Joint resolution for the relief of certain persons, 74
Joint resolution for the relief of Messrs. M'Kinney & Williams, 75
Joint resolution authorizing the president to negotiate a loan for
twenty thousand dollars, 76
Joint resolution authorizing thq president to issue scrip to the
amount of five hundred thousand acres of land, 76
Joint resolution defining the duties of the heads of departments
of government, 77
An act for the relief of Mrs. Mary Millsaps, 78
An act locating temporarily the seat of government, 78
An act to establish and organize the supreme court, and to de¬
fine the powers and jurisdiction thereof, 79
Joint resolution for the relief of G. & T. H. Borden, 85
An act making appropriations for paying the expenses of the
government of Texas, .85
An act establishing regulations and instructions for the govern¬
ment of the naval service of Texas, 86
An act to incorporate the Texas Rail Road, Navigation and
Banking Company, 128
Joint resolution for the relief of John Ricord, 132
Joint resolution for the relief of Thomas J. Green, 132
Joint resolution requiring the justices of the county courts to
inform the secretary of state concerning the boundaries
of their respective counties, 133
An act to define the boundaries of the republic of Texas, 133
An act authorizing the printing and publishing the laws of the
Provisional Government, the acts of the Convention of
March last, and the present congress, 134
Joint resolutions making specific appropriations, 134
An act establishing fees of office, 135
An act organizing justices courts and defining the powers and
jurisdiction of the same, and also creating and defining the
office and powers of commissioners of roads z nd revenue, 141
An act to raise a revenue by impost duties, 147
An act organizing the inferior courts, and definingthe powers
and jurisdiction of the same, 148
An act supplementary to an act organizing the inferior courts,
and defining the powers and jurisdictions of the same, 157
An act authorizing and requiring county courts to regulate
roads, appoint overseers, and establish ferries, &c. 157
An act to organize and fix the military establishment of the re¬
public of Texas, 163
111
PAcas
An net creating a general poet office, &.c. 1(313
Joint resolution for the relief of Messrs. Hooper and
Wright, 179
An act for the election of sheriffs, coroners and constables, and
defining their several duties, 179
An act punishing crimes and misdemeanors, 187
Joint resolution for the relief of the late comptroller and the
Clerks of tliG different departments, under the government
ad interim, 195
Joint resolution in relation to the Hon. J< lm Woodward, 198
An act appropriating lands, to keep in operation tho post office
department,-during the year 1837, 19G
An act supplementary to an act, for the punishment of crimes
and misdemeanors, 197
An act establishing the jurisdiction and powers of the district
courts, 198
Joint resolution allowing pay to chaplains, 211
An act regulating estrays, 212
An act to establish a general land office for the republic of
Texas, 21ft
An act to establish a general land office for the republic of
Texas, 216
An act locating tho seat of justice for the county of Harrisburg,
and other purposes, 224
Joint resolution authorizing tho president to receive forty thous¬
and volunteers, 22ft
An act to provide an index for the laws of congress, and for
other purposes. 22ft
An act to raise a revenue by impost duties, 226
Joint resolution requesting the president to appoint an agent to
the court of Great Britain, 22T
An act to suppress gambling,
Joint resolution for the relief of Captain John M. Allen, 229
An act for the relief of James Erwin and others, 229
Joint resolution requiring the president to appoint a secretary of
legation to the embassy to England, 231
Joint resolution for the relief of free persons of color, 232
Joint resolution x-elating to election for the depopulated dis¬
tricts, 232
An act to legalize certain marriages; to provide for thecelebra-
bration of marriages and for other purposes, 233
A joint resolution respecting mail routes, 235
An act to incorporate the trustees of Independence Academy
and of the university of San Augustine, 235
Aa a«t to incorporate the trustees of Washington college, 336
i v
FA«I!S.
An act to incorporate the town of Nacogdoches i.nd other towns
herein named, 238
Joint resolution requiring the attorney general to report to the
next session of congress, 239
An act to regulate the pay of pursers in the navy, 240
Joint resolution for the amendment of the militia law, 240
An act to authorize the consolidation and funding of the pub¬
lic debt, 241
An act concerning the fees of sheriffs, constables and solicitors, 243
Joint resolution authorizing the president to leave the seat of
government for the spaco of thirty days, to organize the
corps of mounted gun men, 244
An act for the incorporation of r.he town of Liberty, 244
Joint resolution authorising the sheriffs of the different coun¬
ties of this Republic to rent or lease houses, employ
guards, &c. 146
Joint resolution defining the powers of the commissioners of
roads and revenue, 146
An act to prescribe the mode of holding courts of admiralty, 147
Joint resolution for all agents of government to give security for
the faithful performance of their duties, 248
Joint resolution respecting fees of attornies, 248
An act supplementary to an act establishing the county of Houston, 249
An act authorizing the issuing the promissory notes of the gov¬
ernment, 249
Joint resolution for the benefit of J. W. Moody, 251
Joint resolution for the benefit of Alexander-Walsh, 251
Joint resolution authorizing the president to send an agent to
the United States, to settle with the agents for land serip, 251
Joint resolution requiring the auditor of public accounts to audit
the accounts of J. Bryant and S. Francois, 252
An act to raise a public revenue by impost duties, 253
An act to raise a public revenue by direct taxation, 259
Joint resolution for publishing the laws and journals, 262
An act supplementary to an act entitled " an act to establish a
general land office for the republic of Texas,1' passed De¬
cember 22d, 1836, 263
An act supplementary to an act, entitled " an act supplementary
to an act establishing a general land office in the republic
of Texas, passed December 22d, 1836," 266
An act authorizing the president to call out the militia, 267
An act to dispose of Galveston and other Islands of the republic
of Texas, 267
Joint resolution concerning Major General Thomas Jefferson
Chambers, 269
V
P\«ES.
Joint resolution employing extra clerks in the auditor^ office, 209
Joint resolution lor the benefit of Texian prisoners taken hv the
Mexicans, * 209
Joint resolution for the relief of J. H. Harry, 270
An act establishing the county of Houston, 270
An act to authorize the president to appoint a commissioner to
run the-boundary line between the United States of Amer¬
ica, and the republic of Texas, 271
An act for the relief of Ministers of Gospel, 272
An act supplementary to the several acts organizing the rcsoec-
tivc counties of this Republic, , 272
An act to authorize justices of the county courts to act as
judges of probate and notaries public in certain cases, 273
An act for the better protection of the northern frontier, 274
A resolution regulating the meeting of congress, . 275
Joint resolution for the relief of the Hon.B. C. Eranklin, 276
Joint resolution in regard to the payment of district judgjs, 276
LAWS
OF THE
REPUBLIC OF TEXAS.
JOINT RESOLUTION
To suspend the operation of the Land Office until the further
action of congress
Resolved by the senate and house of representatives of the repub¬
lic of Texas in congress assembled, That so much of an act enti¬
tled "an act supplementary . to an act establishing a general
land office for the republic of Texas," passed 26th December,
1836, as provided for the opening of the. land office on the first
day of October, 1837, and for the appointment of officer under
said law, be, and the same is hereby suspended until the further
action of congress.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Sept. 30, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Making an appropriation to pay the public printers.
Rssolved by the senate and house of representatives of the
republic of Texas in congress assembled, That the secretary of,
the treasury be required to execute and deliver to Cruger &
4
Moore, the proprietors of the press engaged in printing for the
government, a draft upon the collector of the port of Galveston,
payable at sight, for the sum of oi»e thousand dollars.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Oct. 12, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Making appropriation of moneys for the use of the Hospital.
Beit resolved by the senate and house of representatives of
the republic of Texas in Congress assembled, That the sum of
one thousand dollars be, and the same is hereby appropriated
out of any moneys in the Treasury or in the hands of the officers
of the custom-houses, to be expended under the direction of the
secretary of war, to provide for the comforts of the sick soldiers,
who now are, or hereafter may be, in the hospital at this place.
JOSEPH ROWE,
Speaker of the house of representative*.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Oct. 15, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Locating permanently the seat of Government.
Resolved by the senate and house of representatives of the
republic of Texas, in Congress assembled, That there shall be
elected by joint vote of both houses of congress, five commis¬
sioners (any three of whom shall constitute a quorum for the
transaction of business) whose duty,it shall be forthwith to
proceed to select a site for the permanent location of the seat
of government of this republic; and that they be required to
5
give public notice of their appointment, and receive such pro¬
positions for the sale of lands as may be made to them, not less
than one, nor more than six leagues of land; and also examine
such places as they may think proper on vacant lands; and that
they be authorized to enter into conditional contracts for the
purchase of such locations as they may think proper, subject to
ratification or rejection by this congress, and that they be re¬
quired to report to congress, by the 15th November, the differ¬
ent selections, with an accurate and full description of the same,
to congress, and that in making the selections, they be confined0
to the section of country between the Trinity and Guadalupe
rivers, and that they select no place over one hundred miles
north, of the upper San Antonio road, nor south of a direct line
running from the Trinity to the Guadalupe river, crossing the
Brassos at Fort Bend.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Oct. 19, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Authorizing Wm. G- Cooke to sign the name of the president to
the promissory notes of the government.
Whereas, in consequence of the recent attrck of sickness,
and the consequent indisposition of his excellency the president
of the republic, and the disabled situation of his excellency's
right arm from a former wound, aggravated by his present sick¬
ness, he is now unable to attend to the laboricus duty of signing
the promissory notes of the government, authorized by the last
session of congress, by an act passed the 9th of June, 1837,
which being principally for small sums will amouut to some
thousands; and whereas, the necessary and pressing wants of
the country require that the issue of such notes should immedi¬
ately commence; therefore,
Sec. 1. Resolve■/ by the senate and house of representatives
of the republic of Texas in congress assembled. That Wm. G.
1*
6
Cooke be, and he is hereby authorized and empowered to sign
the name of the president to the promissory notes of the gov¬
ernment.
Sec. 2. Be it further resolved, that Wm. G. Cooke shall
be entitled to five dollars per day for the time he is occupied in
performing the duties above named, and that he proceed forth¬
with to sign said notes.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Oct. 23, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of W. S. Hendrick.
Resolved by the senate and house of representatives of the
Republic of Texas in congress assembled, That the sum of one
hundred and sixty-two dollars be allowed to W. S. Hendrick,
for extra services rendered the first congress as door-keeper,
and that this resolution be a sufficient voucher to the auditor of
public accounts to allow and audit the same.
JOSEHH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Oct. 25, 1837.
SAM. HOUSTON.
AN ACT
Regulating Elections.
Sec. 1. Be it ena-Jtd by the senate and house of represent¬
atives of the republic of Texas, in congress assembled, That
the chief justice and associates in each county of the republic
ahull designate election precincts at the most suitable places for
7
holding elections in their several counties. And it shall be the
duty of the chief justices of the counties to issue writs of elec¬
tion to the several precincts established, appointing a presiding
officer in each to hold the election, stating specifically in the
writs the officer or officers to be elected, aud the day on which
the election shall take place.
Sec. 2. Be it further enacted, That each presiding officer
shall appoint three judges of the election and two clerks, who
shall be sworn, before entering upon the duties of their offices,
to conduct the election without partiality or prejudice, and
agreeably to law : and in the event that the judges and clerks
thus appointed shall fail to attend, or refuse to act, then it shall
be lawful for the voters, at the house of opening the polls, to
appoint judges and clerks to supply such vacancies : and if there
be no justice of the peace present, the presiding officer shall
swear the other managers, and one of them shall administer the
oath to him, which shall be as legal as if done by a judicial
officer.
Sbc. 3. Be it further enacted, That each of the clerks shall
write the name of each voter at the time of his voting, making
two lists of the names of the electors, one of which shall be de¬
livered to the chief justice of the county, with the returns of the
election, to be kept as a record, and the other to be retained by
the presiding officer of the election.
Sec. 4. Be it further enacted, That the polls shall be
kept open from nine o'clock to twelve in the forenoon, and
from one to five o'clock in the afternoon, the presiding officer
making proclamation at the door of the house at the ti me of
opening and closing the polls.
Sec. 5. Be it further enacted, That immediately after
closing the polls, the officers of the election shall proceed to
count the votes and make out a correct return, which shall be
sealed up and delivered to the chiefjustice of the county by the
presiding officer, or one of the judges of the election upon oath;
a duplicate of which return shall be kept by the presiding
officer. >
Sec 6. Be it further enacted, That the chief justice shall
give at least ten days' notice (expept in cases of vacancy, when
immediate notices shall be given to the different precincts, upon
the receipt of the President's proclamation for filling said va¬
cancy,) of every election, by an advertisement published in a
newspaper, if any be printed in the county: or if there be nopa-
jper published in the county, then by an advertisement in manu-
8
script, in each precinct, stating the names of the several presi¬
ding officers appointed in the county," the places of holding the
election, the day on which the election will be held, and the
officer or officers to be elected. The writs of election issued by
the chief justice, shall require the presiding officer, or one of the
judges or clerks of the election, to deliver the returns to him at
the county seat, at some time specified therein, not exceeding
tgn days from the day of holding the election; and upon the re¬
ceipt of the returns, the chief justice, ki presence of the return¬
ing officer, shall examine "the several documents, and immedi¬
ately execute and deliver to the person or persons having the
greatest number of votes, a certificate of election.
Sec. 7. Be it further enacted, That no officer of an elec¬
tion shall examine any vote, or unfold any ticket presented by
a voter.
Sec. 8. Be it further enacted, That when a man shall
offer his vote, unless some officer of the election will vouch for
his qualifications as an elector, he shall take an oath that he is
legally qualified according to the constitution and laws, to
vote for members of Congress.
Sec. 9. Be it further enacted, That regular enlisted sol¬
diers, and volunteers for during the war, shall not be elgible to
vote for civil officers.
Sec. 10. And he it further enacted, That no person shall
be permitted to contest any election unless within ten days after
the return day. The person intending to contest, shall cause
the person having a certificate of election to be notified thereof,
and a statement in writing delivered to him, containing the
grounds upon which he relies to sustain the contest, or in case
the candidate elect cannot be found, then the notice and state¬
ment to be left at his usual place of abode. No ex-parte state¬
ments or testimony shall be received as evidence in any con¬
tested election, without the consent of the opposite party.
Sec. 11. Be it further enacted, That this act shall tajc :
effect and he in force from and after its passage : provided,
however, that nothing herein contained shall affect elections in
depopulated counties. And be it further enacted, that if any
person in this republic shall, after the passage of this act, vote
for a member or members of congress more than one time in the
same day," such person shall be liable to indictment, and upon
conviction before any competent tribunal, shall forfeit and pay
for every such offence not less than fifty, nor more than five
hundrei dollars; to goto the county treasury.
9
, Sec. 12. Be it further enacted, That in senatorial districts,
now or hereafter to be established, consisting of two or more
counties, congress shall from time to time designate and deter¬
mine the county whose chief justice sha 11 issue the necessary cer¬
tificate to the senator elect. And the chief justices of the other
county or counties composing the senatorial district shall seal up
and deliver the returns of the election, from the several pre¬
cincts of their respective countie^ for senator, duly authentica¬
ted, and hand them to the chief justice of the county so designa¬
ted by congress, within ten days after said returns are received
by him or them;#and that the county of Refugio, in the senato¬
rial district composed of the counties of San Patricio, Refugio,
and Goliad; the county of Mina, in the district composed of the
counties of Mina and Gonzales; the county of Shelby, in the
district composed of the counties of Shelby and Sabine; the
county of Jackson, in the district composed of the counties of
Matagorda, Jackson, and Victoria; the county of Austin, in the
district composed of the counties of Austin and Colorado; the
county of Jasper, in the district composed of the counties of Jas¬
per and Jefferson; the county of Ha/risburg, in the district com¬
posed of the counties of Harrisburg and Liberty; the county of
Nacogdoches, in the district composed of the counties of Nacog¬
doches and Houston, shall be, and the same are hereby designa¬
ted as the counties whose chef justices si tall give the certificates
to the senators elect from the respective districts, and receive
the returns from the other countie? in the aforesaid districts.
Sec. 13. Be it further enacted, That if at the time of any
election for civil officers, a portion of the citizens of any county
shall be absent from home, in the service of their country, they
shall choose three managers from among themselves, who shall
hold the election, under the same rules and regulations herein
prescribed, who shall seal up the returns of said election, and
send them to the chief justice of their respective counties, who
shall receive the same.
Sec. 14. Be it further enacted, That in case of a tie be¬
tween any two or more candidates for representatives in congress,
the chief justice of the county in which such tie shall occur, shall
decide between the candidates having the highest number of
voles.
Sec. 15. Be it further enacted, That in case of a tie be¬
tween any two or more candidates for senator to congress, if the
county in which such lie shall occur be entitled to a senator,
then and in that case, the chief justice of such county shall decide
10
the tie; but if the senatorial district in which a tie occurg, be
composed of two or more counties, then the chief justice of the
county authorized to give a certificate to the senator elect, shall
decide the tie.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President of the senate pro tern.
Approved, Oct. 26,1837.
SAM. HOUSTON.
JOINT RESOLUTION
Requiring the chief justice of the county of Brazoria to issue
writs of election.
Resolved by the senate and house of representatives of the
republic of Texas in congress assembled, That the chief justice
of the c6unty of Brazoria is hereby authorized and required to
issue writs of election, giving ten days notice, for an election
to be held at all the precincts of said county, in order that it
may be ascertained whether a majority of the people of said
county desire a continuance of the seat of justice at the town of
Brazoria, or its removal to the town of Columbia.
Resolved, that said election shall be held on the 20th of
the ensuing November, and the returns be made as soon as
practicable to the speaker of the house of representatives.
JOSEPH ROWE,
Speaker of the house of representative!.
S. H. EVERETT,
President pro tern, of the senate.
Approved, Oct. 31, 1837.
SAM. HOUSTON.
AN ACT
Authorizing an appropriation for the Post Office.
Be it enacted by the senate and house of representatives of
the republic of Texas in congress assembled, That the sum often
thousand dollars is hereby appropriated fqr the use of the post
11
office department, and that the post master general is hereby aU»
thorized to draw for the amount on the secretary of the treasury*
out of any unappropriated monies in the treasury.
JOSEPH ROWE,
Speaker of the house of representatives*
S. H. EVERITT,
President pro tem. of the senate*
Approved, Nov. 4* 1837.
SAM. HOUSTON*
JOINT RESOLUTION
To authorize the secretary of war to grant discharges*
Sec. 1. Be it enacted by the senate and house of repre«
sentatives of the republic of Texas in congress assembled, That
the secretary of War be and he is hereby authorized to grant dis-<
charges to all officers and soldiers who are now on furlough, for
the term they have served; provided they will relinquish their
claims to pay and bounty lands for that portion of the term for
which (they have enlisted, enrolled or commissioned, and
have not yet served.
Sec. 2. And be it further enacted, That the provisions of
the first section of this act remain in force for the term of sixty
days from its passage.
JOSEPH ROWE,
Speaker of the house of representatives*
S. H. EVERITT*
President pro tem. of the rienate.
Approved, Nov. 2, 1837*
SAM* HOUSTON*
JOINT RESOLUTION
Granting letters of Marque and Reprisal*
Retched, by the senate and house of representative! of
the republic of Texas in congress assembled* That they cor*
dially concur in the immediate granting of Letters of Marque
and Reprisal against the commerce and government of Mexico*
12
as promulgated in the proclamation of his excellency the Pfesi*
dent of this republic, under date of 15th September, 1837.
Resolved,, That his excellency, the President of this republic,
is hereby authorised and required to grant commissions to all
applicants who offer sound' and sufficient security that they will
conduct themselves in strict accordance with the established
laws of nations, and the special laws of this repubhc, on the
subject of privateering; which said commissions shall not be
revoked or annulled during the contest between Texas and
Mexico, except by a decree of a court of Admiralty, founded
on mal feasance in office, or other sufficient cause. Provided,
however, That nothing herein contained shall prevent his ex¬
cellency from suspending the cruising or naval operations of
any privateer guilty, in his opinion of mal feasance, until a trial
can be had before a court of competent jurisdiction.
Resolved, that the secretary of the navy cause These reso¬
lutions to be published for one month in the Texas Telegraph;
also iniome of the public journals of the United States of the
North.
Resolved, That the government of Texas hereby relinquishes
her right to the 10 per cent, usually paid by privateers, and will
claim no more than two and a half per cent, for the purpose of
defrayings the expense of adjudication, &c.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Nov. 2, 1837.
SAM. HOUSTON.
AN ACT
To incorporate the town of Shelbyville, and granting further
powers to the corporations of San Augustine and Nacog¬
doches*
Sec. 1. Be it enacted by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
all the qualified voters for members of congress, who may have
resided within the town of San Augustine, six months preceding
any election, for any officer of that corporation, or who may
13
$wn real estate in said town, shall be entitled to vote for any
officer of said corporation, or to hold any office therein. And
the said bo(Jy corporate are hereby authorised and empowered
to make any law or laws which they may deem necessary to be
made and enacted for the benefit of the inhabitants of said corr
poration, not contrary to the law$ and constitution of this re¬
public.
Sec. 2. And be it further enacted, That the town of Shel-
bjvillein the county of Shelby, be incorporated with the same
powers and privileges, which are granted and conferred by an
act to incorporate the town of Nacogdoches, and other towns
therein named, passed the thirty-first day of May, one thousand
eight hundred and thirty-seven, and on the town of San Augus¬
tine by this act.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Nov. 2, 1837.
SAM. HOUSTON.
AN act
For aiigmenting the Navy, and making an appropriation
therefor.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
the president, by and with the advice and consent of the senate,
appoint an agent, when in his discretion he may think proper,
whose duty it shall be to repair to some seaport of the United
States of the north, for the purpose of buying or building, arm¬
ing, and'-equipping, for the public service of Texas, one ship or
brig, about five hundred,tons burthen,|to mount eighteen guns;
two barques or brigs, about three hundred tons burthen, mount¬
ing twelve guns each; and three schooners, about one hundred
and thirty tons burthen, mounting five or seven guns each: and
that the said vessels be fitted and furnished with such artillery
and armament as is best adapted to vessels of their class.
Sec. 2. Be it further enacted, That the sum of two hundred
and eighty thousand dollars is hereby appropriated for the pur-
2
14
pose of buying Or building, arming and equipping said vessels^
and that the secretary of the treasury furnish said agent with a
draft for the above appropriated sum of two hundred and eighty
thousand dollars on Messrs. Gilmer & Burnley, the commission¬
ers to negotiate a five million loan for this republic: and that the
public faith is also solemnly pledged for its payment.
Sec.. 3. Be it further enacted, That said agent be entitled
to a compensation of three hundred'and fifty dollars per month,
and that he give bond and security for the faithful performance
of his duty, in the sum of five hundred thousand dollars.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H- EVERITT,
President pro tem. of the senate-
Approved, Nov. 4, 1837.
SAM. HOUSTON.
AN ACT
Regulating the proceedings before justices of the peace.
Sec. 1. Be it enacte I, by the senate and house of repre*-
scntatives of the republic of Texas, in congress assembled, That
from and after the passage of this act, all civil proceedings be¬
fore justices of the peace, shall be had in a summary manner,
and without ?he formality of a petition in writing; arid it shall
be sufficient, except in cases of attachment, sequestration, and
other extraordinary measures, for the justice to insert within
tho ffiody of the citation, or endorse on the back thereof, the na¬
ture of the cause of action.
Sec. 2. And be it further enacted, That, if any party,
against whom judgment shall be rendered by any justice of
the peace, shall fail to appeal from, or stay such judgment with¬
in three days from the rendition th.ereof, then it shall be lawful
for execution to issue.
j'OSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate#
Approved, Nov. 4, 1837.
SAM. HOUSTON.
15
JOINT RESOLUTION
Requiring the Secretary of War to execute certain duties.
Resolved, by the senate and house of representatives of the
republic of Texas, in congress assembled, That the secretary of
war be required forthwith to proceed to execute the duties of
his office as required of him by an act of congress, entitled "an
act supplementary to an act to establish a general land office
for the republic of Texas." '
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVER1TT,
President pro tem. of the senate.
Vetoed by the president, and passed by a constitutional
majority of the house of representatives.
JOSEPH ROWE,
Speaker of the house of representatives.
Vetoed by the president, and passed by a constitutional
majority of the senate.
S. H. EVERITT,
President pro tem. of the senate.
October 27, 1837.
AN ACT
To provide for auditing contingent expenses of both Houses of
Congress, and making appropriation therefor.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
the auditor of public accounts be, and be is hereby authorized
to audit any accounts which may be authorized by a resolution
of either house of congress, upon the claimant presenting a co¬
py of said resolution, certified by the secretary or clerk of the ,
house in which the resolution may have been adopted, and the
certificate of the person authorized by said resolution to con¬
tract such debt or debts, that the account is correct and just,
and to draw on the contingent fund of both houses of congress
for the amount.
16
Sec. 2. Be it further enacted, That two thousand,dollars
be, and the same is hereby appropriated" to defray the contin¬
gent expenses of both houses of congress.
JOSEPH HOWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of .the senate.
Approved, Nov. 2, 1837.
SAM. HOUSTON.
JOINT RESOLUTION.
For the relief of Holland, Coffee and Co.
Resolved, by the senate and Rouse of representatives of the
republic of Texas in Congress assembled, That the sum of six
hundred and ninety-one dollars be allowed to Holland, Coffee
and Co., for moneys by them expended in purchasing Texian
prisoners from the Indians, and that the same be paid in the
promissory notes of the government.
JOSEPH ROWE,
Speaker of the house of representatives,
S. PI. EVERITT,
President of the Senate pro. tern.
Approved, 1837.
SAM. HOUSTON.
AN ACT
To provide for the appointment of Notaries Public.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
thefe shall be a notary public for each of the ports of entry of
this republic, to be appointed by the president, by and with the
advice and consent of the senate, who shall hold his office for
wo years, unless sooner removed by the president, and shall re¬
ceive thersame fees as are now allowed by law to the several
chief justices for the performance of notarial acts.
17
Sec. 2. Be it further enacted, That the several notaries
public shall have a seal of office, and all certificates or other
acts by by them performed, shall be signed by the seid notaries,
and the seal of office thereunto affixed.
JOSEPH ROWE,
Speaker of the house of representatives.
M1RABEAU B. LAMARr
President of the senate.
Approved, Nov. 16, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
To appoint a Committee on Printing.
Resoiwd, by the senate and house of representatives of the
republic of Texas in Congress assembled, That a joint commit¬
tee of two be appointed by each house of congress, to contrast
with some competent person or persons to print the laws of the
consultation and the convention, together with all the laws which
have been •enacted since the declaration of independence, and
also the journals of the special and regular sessions of congress,
for the years 1836 and 1837; and the said committee are re¬
quired to enquire what progress, if any, has been made in the
above business, and report their proceedings to this Congress.
JOSEPH "RO WE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Nov. 18, 1837.
SAM. HOUSTON.
AN ACT
To incorporate the tbwn of Brazoria,
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
the citizens of the town of Brazoria, be, and they hre hereby
9#
18
declared a body politic and corporate by the name and title of
"the Corporation of the town of Brazoria," and by that name
may sue and be sued, implead and be impleaded, and may hold,
and dispose of real and personal estate in said town.
Sec. 2. Be it further enacted, That all that tract of land,
known as the old and new town of Brazoria, shall be the limits
and boundaries of said town.
Sec. 3. Be it further enacted, That an election shall be
held in said town on the first Monday in January of every
year for a mayor, a constable and eight aldermen; the election
shall be conducted by the mayor and two aldermen, and the per¬
sons so elected shall continue in office for one year or until their
successors are qualified. The mayor so elected shall be com¬
missioned by the chief justice of the county of Brazoria, and
shall have all the powers of an ordinary justice of the peace, in
all matters and cases arising under the criminal laws of the
country, and shall be authorised and empowered, to enforce and
carry into effect such bye-laws and ordinances as the corpora¬
tion of said town shall from time to time ordain, for the better
regulation of the police thereof.
Sec. 4. Be it further enacted, That no person shall be eli¬
gible to any of said offices or to vote, who is not a citizen and a
freeholder or householder in said town.
Sec. 5. Be it further enacted, That the mayor shall be
president of the board of aldermen, that a majority of the mem¬
bers of said board shall constitute a quorum for the transaction
of business, and that said board may enact such bye-laws for the
government of said town; not inconsistent with the law of the
land, as may be deemed proper, and inflict such fines, not ex¬
ceeding one hundred dollars, as may be considered necessary.
Sec. 6. Be it further enacted, That the board of aldermen
shall have entire control over the streets of said town, may or¬
der new streets to be laid out. and old ones discontinued at their
discretion: Provided, however, that no new street be opened nor
old one discontinued, except by unanimous consent of the board!
and the board in such acts shall be governed by the law of the
land, relative to roads and highways.
Sec. 7. Be it further enacted. That all free males between
the the ages of eighteen and forty five years, and all male slaves
over sixteen and under sixty years of age, shall be liable to
work on the streets; that such persons shall not be compelled to
work more than ten days in any one year, and they shall be ex¬
empt fiom other road duty. The board shall impose such fines
19
on defaulters as they may think necessary, in which they shall
be governed generally by the law of the land.
Sec. 8. Be it further enacted, That the board of alder¬
men shall have power to levy a tax on all persons and property,
both real and personal in said town: Provided, however, that the
tax on real property, shall not in any one year exceed twelve
per cent, ad valorem, on such property, and no tax shall be le¬
vied on real estate unless by consent of two thirds of the alder¬
men present, and it shall be levied at the beginning of each
year, and be assessed and collected by an officer to be appoint¬
ed by the board in the same manner as the state tax is collect¬
ed: and the board shall also have power to levy a tax on all
taverns, tippling houses, and billiard tables in said town.
Sec. 9. Be it further enacted, That all the public pro¬
perty in said town, shall belong to said corporation, and the
board of aldermen may dispose of it in such manner as the best
interest of said town may require.
Sec. 10. Be it further, enacted, That the board of alder¬
men shall have power to constitute and appoint such officers
with the regulation of their compensation as may be consider¬
ed necessary, and the officers so appointed may be removed at
thepleasure of the board, and may be required to give bond
with security to the mayor in such pertalty as may be deemed re¬
quisite, and shall perform such duties as may be enjoined upon
them, and shall be liable for such fines for neglect of duty as
may be imposed on them.
Sec. 11. Beit further enacted, That all offences against
the bye-laws be prosecuted before the mayor in a summary
manner, and execution may issue returnable forthwith, and the
constable shall execute all writs directed to him by the mayor.
Sec. 12. Be it further enacted, That if the office of al¬
derman of said town shall become vacant by death, resignation
or removal from the town, the board shall have power to ap¬
point a successor; and should the office of mayor become va¬
cant from either of the abcve mentioned causes or otherwise,
the chief justice of the county of Brazoria be, and he is hereby
authorised to issue forthwith a writ for a new election to be held
on a day mentioned in said writ, and if the election required to
be held on the first Monday in January of every year, shall not
be held on that day, it may be holden at any time, by giving five
days notice, and all elections for mayor and aldermen shall com¬
mence at ten o'clock A. M., and dose at 2 P. M.
Sec. 13. Be it further enacted, That the constable shall
20
give bond and security as other constables, shall be commission*
ed in the same manner, shall have the same power, and be en¬
titled to the same fees as other constables.
Sec. 14. Be it further enacted, That the board of aldermen
shall make such compensation to the mayor, and allow him such
fees as they may deem proper.
Sec. 15. Be it further enacted, That all laws heretofore
passed relative to the town of Brazoria, shall be, and the same
are hereby repealed, so far as relates to the town of Brazoria,
and this act shall go into effect from and after its passage: Pro-
vided, however, that the mayor and aldermen, elected under the
old charter which is hereby repealed, be, and continue in office
and exercise all the powers granted by this act until the qualifica¬
tion of their successors, who may be elected at the first regular
election under this act.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Nov. 16, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Requiring the auditor to audit the accounts of Nelson Jones.
Resolved, by the senate and house of representatives of the
republic of Texas, in congress assembled, That the auditor of
public accounts, is hereby authorised and required to audit the
accounts of Nelson Jones, for three hundred and sixty-four
dollars.
And further, That the said Nelson Jones, is entitled to
twelve hundred and eighty acres of land as a bounty, for ser¬
vices as a soldier in this republic.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Nov. 16, 1837.
SAM. HOUSTON.
21
AN ACT
Appropriating money for the purchase of a house for the use
of the President.
Sec. 1. Be it enacted, by the senate and house of represen¬
tatives of the republic of Texas, in congress assembled, That
the sum of six thousand dollars be, and the same is hereby ap¬
propriated for the purchase of a house for the use of his excel¬
lency the president of thst republic, and that the treasurer of this
republic is hereby required to pay six thousand dollars of the
promissory notes of the government to F. R. Lubbock, upon his
executing a title for his house, and the lot upon which it stands,
on Main street.
Sec. 2. And be it further enacted, That the further sum of
two thousand dolfers is hereby appropriated for the purpose of
completing and furnishing the house in a suitable manner to
make it comfortable, to be drawn for from the treasury by drafts
drawn by the president's private secretary in favor of the per¬
sons who may finish or furnish his house.
Sec. 3. And be it further enacted, That so much of an act
locating temporarily the seat of government, as appropriated
fifteen thousand dollars for the erection of public buildings, be,
and the same is hereby repealed.
JOSEPH ROWE,
President of the house of representatives,
MIRABEAU B. LAMAR,
President of the senate.
Approved, Nov. 18, 1837.
SAM. HOUSTON.
AN ACT
To incorporate the city of Richmond, and the towns of San F©
lipe de Austin and Lagrange.
Sec. 1. Be it enacted, by the senate and house of represen¬
tatives of the republic of Texas, in congress assembled, That
the citizens of the city of Richmond, be and they are hereby
declared a body politic and corporate, by the name and style
of "the corporation,of the city of Richmond," and by thatname
22
tnay sue and be sued, implead and be impleaded, and may hold
and dispose of real, personal and mixed estate in said city.
Sec. 2. Be it further enacted, That all that tract of country
knovrn as the city of Richmond shall be known as the limits and
boundaries of said city.
Sec. 3. Be it furthhr enacted, That the chief justice of the
county shall order an election to be held in said city, under the
superintendence of some justice of the peace, on the first Mon¬
day of January next, for a mayor, a constable and eight alder¬
men: and an election shall be held on the firstMonday in January
of every year thereafter for the aforesaid officers, which election
shall be conducted by the mayor or two aldermen, and the per¬
sons so elected shall continue in office for one year, or until their
successors are qualified; the mayor so elected shall be commis¬
sioned by the chief justice of the county of Fort Bend, and
shall have all the powers of an ordinary justice of the peace in
all matters and cases arising under the criminal laws of the
country, and shall be authorized and empowered to enforce and
carry into effect any bye-laws and ordinances, the corporation
from time to time shall ordain for better regulation of the police
thereof.
Sec. 4. Be it further enacted, That no person shall be eligi¬
ble to any of said offices or to yote, who is not a citizen and free¬
holder or householder in said city.
Sec. 5. Be it further enacted, Thatttie mayor shall be pre¬
sident of the board of aldermen, that a majority of said board
shall constitute a quorum for the transaction of business, and
that said board may enact such bye-laws for the government of
said city, not inconsistent with the laws of the land, as may be
deemed proper, and inflict such fines not exceeding one hundred
dollars, as may be considered necessary.
Sec. 6. Be it further enacted, That the board of alder¬
men shall have entire control over the streets of said city, and
may order new ones to be laid off, and old ones to be discontin¬
ued at their discretion; Provided however, that no new streets be
opened on old ones discontinued except by unanimous con¬
sent of the board, and the board in such acts shall be governed
by the laws of the land relating to roads and highways.
Sec. 7. Be it further enacted, That the board of alder¬
men shall have power to levy a tax on all persons, property, real
and personal in said city; Provided, that the tax on real pro¬
perty shall not in any one year exceed ten percent, ad valorem
on such property, and no tax shall be levied on real estate, un-
23
lass by consent of two thirds of the aldermen present, and it
Shall be levied at the beginning of each year, and be assess¬
ed and collected by an officer appointed by the board, in the
same manner as the state tax is collected, and the board shall
alsohave the power to levy a tax on all taverns,jtipplingJhpuBes
and b-ii*rd tables in said city.
Sec. 8. Be it further enacted., That all the public proper¬
ty in said city shall belong to said corporation, and the board of
aldermen may dispose of it in such manner as the best interest
of the city maylrequire*
Sec. 9. Be it further enacted, That the board of alder¬
men shall have power to constitute and appoint such officers with
ffie regulation of their compensation as may be considered ne-
cessary, and the officers so appointed may be removed at ths
pleasure of the board, and may be required to give bond with
security to the mayor in such penalty, as may be deemed requi¬
site, and shall perform such duties as may be enjoined upon
them, and shall be liable to such fines for neglect of duty as may
be imposed on them.
Sec. 10. Be it furtner enacted, That all offences against
the bye-laws be prosecuted before the mayor in a summary man¬
ner, and execution may issue returnable forthwith, and the con¬
stable shall execute all writs directed to him by the mayor.
Sec. 11* Be it further enacted, That if the office of alder¬
men of said city shall become vacant by death, resignation or re¬
moval from said city, the board shall have power to appoint a
successor, and should the office of mayor become vacant from
either of the above mentioned causes, or otherwise, the chief
justice of the county is hereby authorized to issue a writ for a
new election, to be held on a day mentioned in said writ, and
if the election required to be held Op the first Monday in Jam>-
ary of each year, shall not be held on that day it may be held at
any time, by giving five days notice, and all elections for may¬
or or aldermen shall commence at ten o'clockjjA. M* and close at
two P. M.
Sec. 12. Be it further enacted, That the constable shall
give bond and security as other constables, shall be commission¬
ed in the same manner, shall have the same power, and shall
haye the same fees as the other constables.
Sec. 13. Be it further enacted, That the board of aldermen
shall make such compensation to the mayor, and allow him6uch
fees as they may deem proper.
Sec. 14. Be it further enacted. That the town of San Fte-
24
lipe de Austin shall be organized in the same manner as the
eitj of Richmond, and be governed by the provisions of this act.
Sec. 15. Be it further enacted, That the town of La
Grange, in the county of Red River, is hereby incorporated
with all the powers and privileges of the cities of Richmond and
San Felipe de Austin.
JOSEPH ROWE,
Speaker of the house of representatives.
S. IJ. EVERITT,
President pro tem. of the senate.
Approved, Nov. 18, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of Ellen O'Donnovan.
Resolved, By the senate and house of representatives of the
republic of Texas, in congress assembled, That Ellen O'Don"
novan, be, and she is hereby authorized to take possession of a
stock of goods belonging to the estate of her decease husband,
upon her giving bond for the duties thereon, for the sum of two
hundred and fifty dollars.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Nov. 18, 1837.
SAM. HOUSTON.
AN ACT
Fixing the Salary of Indian Commissioners.
jResolved, by the senate and house of representatives of the
republic of Texas in congress assembled, That the sum of five
dollars per day be allowed to all Indian Commissioners, appoin«
ted by the president, according to law, while in actual service*
25
"going to, and returning from, any place to hold of attempt to hold
ft treaty.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Dee. 1, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of Manuel Carabajal.
Resolved, by the senate and house of representatives of the
republic of Texas in congress assembled, that the president of
the republic be, and he is hereby authorized to pay to Manuel
Carabajal, a sum not exceeding twelve hundred dollars as a com¬
pensation for Compiling the laws of Coahuila and Texas, upon
nis delivery to the secretary of state a copy of the aforesaid laws,
and that the president be authorized to draw upon the secreta¬
ry of the treasury for such sum.
JOSEPH ROWE,
Speaker ot the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Dec. I, 1837.
SAM. HOUSTON.
AN ACT
Amendatory to the several acts anu ordinances granting
Bounty Lands.
Whereas, much difficulty exists in reconciling the various con¬
flicting laws granting bounty lands to the soldiers and officers
who have served in the army, and the allowance does not bear
an equal proportion in many cases to the services rendered, for
remedy whereof,
3
<26
Sec. 1. Be it enacted by the senate and house of repfeseli*
tatiyes oi the republic of Texas, in congress assembled, That
thelawsin existence granting bounty landsto those who have serv¬
ed in the army be so amended as to grant to all who have served
three months in the army, three hundred and twenty acres of
land; to all who have served for six months, six hundred and
forty acres; to all who have served for nine months, nine hun¬
dred and sixty acres, and to all who have served twelvemonths
or upwards, twelve hundred arid eighty acres.
Sec. 2. Be it further enacted,, That in all cases where
warrants for bounty lands have been issued by the secretary of
war, for less amounts of land than that specified in the first sec¬
tion of this act, it shall be his duty to issue warrants for the ad¬
ditional quantities allowed by this act.
JOSEPH HOWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 4, 1837.
SAM. HOUSTON.
JOINT RESOLUITON,
Allowing the Secretary of War an additional Clerk.
Resolved by the senate and house of representatives of the
republic of Texas, in congress assembled, That the secretary of
war, be, and is hereby authorized to employ an additional clerk
more than he has now in his office for the term of six months,
who shall receive the same pay as the other assistant clerk of
his office receives.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 4, 183T.
SAM. HOUSTON.
27
JOINT RESOLUTION
For the relief of John Buchanan.
Be it resolved, by the senate and house of representatives of
the republic of Texas, in congress assembled, That the sum of
one hundred and sixty dollars shall be, and the same is hereby
required to be paid out of any moneys in the treasury not oth¬
erwise appropriated, to John Buchanan, for his services as sec¬
retary rendered the government, ad interim; and the auditor is
hereby required to allow the said claim, of the said John Buch¬
anan, and give a draft therefor, whenever the same may be pre¬
sented for the amount mentioned in this resolution.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR.
President of the senate.
Approved, Dec. 9, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of John M. Clifton.
Resolved, by the senate and house of representatives of the
republic of Texas in congress assembled, that the first audi¬
tor be instructed to audit the accounts of J. M. Clifton, for
fourteen hundred and thirty-four dollars, thirty-nine cents for
his expenses in enlisting and mustering into the service of Texas
ninety-seven men in the spring of eighteen hundred and thirty-
seven#*
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 9, 1S37.
SAM. HOUSTON.
28
AN ACT
For the relief of Edmund P. Crosby.
B$ it enacted, by the senate and house of representatives of
the republic of Texas, in congress assembled, That the auditor
be and he is hereby instructed to audit the amount of Edmund
P. Crosby's account, say three hundred and fifty-one dollars and
twenty-five cents, in duplicate, (as the original certificate has
been lost,) for services in the navy, upon the said Crosby prov¬
ing to the satisfaction of the auditor, that the original has been
lost, and that the account is just.
JOSEPH ROWE,
Speaker of the house of representative-,
MIRABEAU B. LAMAR.
President of the senate.
Approved, Dec. 9,1837.
SAM. HOUSTON.
JOINT RESOLUTION,
Making appropriations for the General Land office, and to de¬
fray the contingent expenses of both houses of congress.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas in congress assembled, That
the sum of five hundred dollars, be and the same is hereby ap¬
propriated for the purpose of procuring stationery for the gener¬
al land office, and paying the contingent expenses of the same,
and the treasurer is hereby authorized and required to issue prom¬
issory notes for that amount to the commissioner of the gener¬
al land office'.
Sec. 2. Be it further enacted, That the sum of five hun¬
dred dollars, be, and the same is hereby appropriated for the pur¬
chasing of stationery for the use of both houses of congress, and
that the treasurer is hereby authorized and required to pay over
to the respective clerk and secretary the above sum, and that
the clerk and secretary be required to produce the vouchers
shewing what disposition they may have made of the above sum
29
at the next meeting of congress, and all individuals holding
claims coming within the pervue of this bill, present their ac¬
counts to the committee on contingent expenses.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of John Woodruff.
Resolved by the senate and house of representatives of the
republic of Texas in congress assembled, that the treasurer
be instructed to pay to John Woodruff, the sum of one hun¬
dred and twenty-three dollars and twenty six cents out of
the promissorv notes.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
AN ACT
To incorporate the Colorado Navigation Company.
Sec 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas in congress assembled, That
there shall be established a company under the name and style
of the "Colorado Navigation Company," with a capital stock
of one hundred and twenty-five thousand dollars, with the priv¬
ilege of enlarging or increasing the same to two hundred and
fifty thousand dollars, to be divided into shares of one hundred
^dollars each, for the purpose of clearing out a channel suscep¬
tible of navigation by steam boats or other craft for the Colo¬
rado river.
3*
30
Sec. 2. Be it further enacted, That books shall be open¬
ed on the first day of February next, to receive subscriptions
for said capitol stock at the following places, to wit:—At the
town of Matagorda, at the house of E. Mercer, in Colorado
county, at the towns of Columbus, La Grange andMina, under
the superintendance of three commissioners at each place, to
, wit: at the town of Matagorda J. T. Belknap, A. L. Clements
andS. Mussina; house of E. Mercer, Thomas Rabo,E. Mercer
and William Heard; town of Columbus, J. W. E. Wallace,
Robert Brotherton and Stephen Townsend; town of La Grange,
J. H. Moore, N. W. Eastland and Andrew Rabb; town of Mi-
na, John G. McGehce, Richard Vaughn and Russel Craft; and
shall continue open twenty days, and the «aid commissioners
shall immediately thereafter transmit to the c.mmissioners at
Matagorda an account of the subscriptions taken at each place,
and the said commissioners at Matagorda shall immediately on
the receipt of the subscriptions, take an account of the whole
subscriptions taken, and if more than one hundred and twenty-
five thousand dollars shall have been subscribed for, the said
commissioners shall deduct the amount of such excess from the
largest subscriptions, in such manner that no subscription shall
be reduced in amount whilst any remain larger, and in case of
such deductions the said commissioners shall cause lists of such
apportioned subscriptions to be made out, that the subscribers
may thereby ascertain the number of shares apportioned to
them respectively, and that in case a less amount than one hun¬
dred and twenty five thousand dollars, shall have been subscrib¬
ed for, the books may again be opened by and under the super¬
intendence of the commissioners at the town of Matagorda,
should they deem it advisable to do so, and be re-opened at such
time, and places as may be determined upon by said commission¬
ers.
Sec. 3. Be it further enacted, That five per cent, of the
capital stock shall be paid at the times of subscribing, the bal¬
ance to be paid at such time as the directors may call for the
same, by giving at least thirty days notice in some one newspa¬
per; provided, that there shall not be an amount exceeding
twenty-five dollars on a share called for at any one time; and
provided further, that in case of failure of payment being made
as aforesai 1. the directors shall have the right to forfeit to the
use of said company the amount paid on such stock.
Sec. 4. Be it further enacted, That the subscribers to said
coroptiny, their successors and assigns shall be, and aro hereby
31
created a corporation under the name and style of "The Colo¬
rado Navigation Company," and under that name shall be capa¬
ble to contract, to buy, and receive all kinds of property, move¬
able and immoveable that may be necessary for said corporation,
and to negotiate, grant, sell and dispose of the same, to borrow
money on the faith of this charter, and also to pledge such pro¬
perty real and personal for the payment of the same, as in their
. opinion may best conduce to the interest of said company. To
sue and be sued, to have a common seal and to establish such
ordinances, rules and regulations as they may think necessary
and practicable for the use and protecticn of the same, not con¬
trary to the constitution and laws of the republic of Texas;
provided, however, that this section shall not be so construed as
to enable the company to hold more land than may be necessa¬
ry to carry into effect the objects of this act; and provided fur¬
ther, that none of the funds of said corporation shall be used in
purchasing lands, and all lands owned by the corporation shall
be sold within five years from and after the passage of this act.
Sec. 5. Be it further enactedThat for the management
of said company thefe shall be five directors annually elected,
at the office of said company at the town of Matagorda, by the
qualified stockholders of the capital stock of said company, by
a plurality of votes then and there given: each share shall be
entitled to one vote, and votes allowed by proxy.
Sec. 0. Be it further enacted, That it shall be the duty of
the commissioners at the town of Matagorda, after one hundred
and4twenty-five thousand dollars of stock shall have been sub¬
scribed for, to advertise in some one newspaper, that an elec¬
tion will take place at the office of said company at the town of
Matagorda for the aforesaid directors, appointing the day for
said election, which shall not take place at a shdrter period than
-thirty days from the date of said advertisement. -
Sec. 7. Be it further enacted, That the directors so elected
shall elect a president from their own body, and said president
and directors shall serve as such until their successors shall bo
duly elected and qualified.
Sec. 8. Be it further enacted, That the annual election
for directors after the first election, shall be held on the first
Monday in January in each year, and at their first meeting af¬
ter their election, they shall proceed to elect from their own body
a president, to hold his office for the same period as which the
directors w£re elected; provided, always that in case at any
32
time it should so happen, that an election of directors or of pres¬
ident of said company should not be so made, as to take effect
' in the way required by this act, the said company shall not from
that cause be deemed to be dissolved, but it shall be lawful at
any other time to hold said election, and the manner of holding
the same shall be regulated by the rules and ordinances of this
company, and until said election be made the directors and pres¬
ident of the said company for the time being shall continue in
office; and provided, also that in case of death, resignation ab¬
sence from the republic, non-acceptance or removal, the vacan¬
cies shall be supplied by the board of directors.
Sec. 9. Be it further enacted, That no one shall be eligi¬
ble to the office of director, who is not the bona fide owner of
five shares of the capital stock, of said company, and shall have
held the same at least one month previous to their election.
Sec. 10. And be it further enacted, That the corporation
is hereby invested with all the rights and powers necessary for
the accomplishment of the objects for which they are incorpo¬
rated.
Iec. 11. Be it further enacted, That said company shall
commence opening the channel of said river and improving the
navigation thereof within nine months, and complete the same
sufficient for the passage of steam boats or other crafts, at least
fifty miles up the said river, from the town of Matagorda, with¬
in four years from the passage of this act, and in case of non¬
compliance with this section, this charter shall be deemed for¬
feited; provided, however, that if an invasion of the country
prevents said company from progressing with the work, that so
much time as may be lost by reason of said invasion snail be ad¬
ded to the time specified in this section for the commencement
and completion of the same.
Sec. 12 Be it further enacted, That after the said compa¬
ny shall have finished said work as required in section eleven,
that is, rendered the Colorado river susceptible of navigation
fifty miles above the town of Matagorda, the company shall
have the power to levy, receive and collect such tolls upon all
steam boats or other craft, and upon all freight carried up or
down said river, as may be determined upon by said company;
provided, *<that no part of the capital of said company shall be
employed for any other purpose or project, except for the remo¬
val of obstructions in the river and the navigation of the same,
and for an attempt at such project the charter shall be forfeited;
33
and provided also, that the charges or tolls shall be upon terms
of equality to all persons who may wish to navigate the river.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
AN ACT
Creating the county of Montgomery*
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas in congress assembled, That
all that part of the county of Washington, lying east of the
Brazos, and southeast Navisota rivers, shall constitute and form
a new county Jo be known and designated by the name of Mont¬
gomery county.
Sec. 2. Be it further enacted, That the said county of
Montgomery shall be included in the third judicial district, and
the district courts thereof shall be holden at the county seat of
said county, on the fourth Mondays of April and October in
each and every year, and the county courts for said county shall
commence and be holden on the second Mondays of February,
May, August and November, in each year.
Sec. 3. Be it further enacted, That James Mitchell,
Pleasant Gray, William Robinson}Elijah Collard, Charles Gar-
nett, Joseph L. Bennet, B. B. Goodrich, D. D. Dunham, and
Henry Fanthorpe, be, and they are hereby appointed commis¬
sioners, with power and authority (any five of them concurring)
to select a proper place for the seat ofjustice for said county, and
to obtain by purchase upon the faith and credit of the county,
or receive by donation such quantity of land as will be sufficient
for the erection of public buildings, and for defraying such oth¬
er necessary expenses of said county as said commissioners may
deem expedient and that the land so purchased or donated shall
he under the superintendance and cofitrol of the board of com¬
missioners of said county.
Sec. 4. Be it further enacted, That the said county of
Montgomery, shall be entitled to one representative in congress,
34
and that the counties of Washington and Montgomery shall con¬
stitute a senatorial district.
Se,c. 5. Be it further enacted, That the said county of
Montgomery shall be organized in conformity with the severaf
acts organizing the district and inferior courts, and in case any
suit or suits are now pending in any of the courts of Washing¬
ton county, wherein the defendant or defendants were residing
in that part of Washington county lying cast of the Brazos and
Navasoto rivers, at the commencement of said suit or suits, it
shall be lawful on application of the defendant or defendants in
open court, for the court of Washington county to grant a re¬
moval of said suit or suits to the proper court of Montgomery
county, and it shall be the duty of the clerk to furnish either
party a copy of the records in such suit or suits.
Sec. 6. Be it further enacted, That the lower line of the
county of Montgomery shall commence at the mouth of Lake
creek, thence in fa direct line to the head of Pond creek, and
thence in a direct line to the mouth of Beeson's creek, thence up
the Brazos river to the mouth of the Navasoto river.
JOSEPH ROWE,
Speaker the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
AN ACT
Regulating the time of holding District Courts of Brazoria,
Matagorda and Jackson counties.
Sec. 1. Be it enacted, by the senate and house of represen¬
tatives of the republic •of Texas in congress assembled, That
the district courts in and for the county of Brazoria, shall here¬
after be allowed to continue their regular sessions for the period
of three weeks and no longer. •
Sec. 2. And be it further enacted, That the district courts,
in and for the county of Matagorda, shall hereafter commence
on the third Mondays after the fourth Mondays in March and
September, and continue in session one week and no longer, and
35
in the county of Jaokson, on the fourth Mondays after the fourth
Mondays in March and September, and continue one week and
no longer*
JOSEPH ROWE,
Speaker of the house of representatives.
S. II. EVERITT*
President pro tem. of the senate.
Approved, Dec. 14* 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of S. Hatch.
Resolvedly the senate and house of representatives of the
republic of Texas, in congress assembled* That it shall be the
duty of the auditor of public accounts to allow Sylvenus Hatch
the amount of five hundred and sixty-two dollars and fifty cents,
for iron furnished the army, which doth appear from a certificate
of the person that received the same, and countersigned by P.
Caldwell, quarter master, which was referred to the committee
on claims and accounts of the house of representatives, and bj'
them mislaid or lost.
JOSEPH ROWE,
• Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved* Dec. 14, 1S37.T
SAM. HOUSTON.
AN ACT
To establish the county of Fayette.
Sec. 1. Be if enaeted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
the territory embraced within the following boundaries, shall
3G
constitute dne of the counties of this republic, and be called
the county of Fayette: beginning at Grassmeyer's ferry on the
Colorado, thence in a north easterly direction at right angles
with the general course of the river Colorado, to the divide
between the waters of Colorado and the Brazos; thence
down said divide, in a southeasterly direction to the south¬
west corner of a league of land granted to Wm. Burnett; thence
southwestwardly crossing Colorado river, where the upper line of
a league of land granted to J. Duty, corners upon the same;
thence continuing the same course to the Lavacca, at the upper
corner of the league of land granted to William Ponton; thence
up the Lavacca with the line between Austin and Dewitt's colo¬
ny to the head of said stream; thence in a northeasterly direc¬
tion to the place of beginning, so as to leave Grasmeyer's in the
county of Mina.
Sec. 2. Be it further enacted, That the seat ofjustice for
said county shall be, and is hereby established at the town of
La Grange, on the east side of the Colorado river, near the La
Bahia crossing of the same.
Sec. 3» Be it further enacted, That immediately after the
passage of this act there shall be a chief justice appointed for
said county, who shall proceed to organize the same, in ac¬
cordance with the laws, in such cases made and provided.
Sec. 4. Be it further enacted, That the county court for
said county shall be held on the third Mondays in February *
May, August and November; and the district courts shall be
held on the third Mondays after the fourth Mondays in March
and September in each year, and shall continue in session until
all the business before said courts shall be finished,
Sec. 5. Be it further enacted, That the count/" of Fay¬
ette be attached fo, and form a part of the third judicial district.
Sec. 6. Be it further enacted, That the county of Fay¬
ette be entitled to one representative, and be attached to the
senatorial district of Mina and Gonzales.
Sec. 7. Be it further enacted, That the returns of the
election for senator shall be made to the chief justice of the
county of Mina, who shall issue the corresponding certificate
to the person elected. JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec 14, 1837#
SAM. HOUSTON.
37
AN ACT
Incorporating the city of San Antonio and other towns therein
named.
Sec. I. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
the citizens of San Antonio in the county of Bexar, be, and
they are hereby declared a body politic and corporate, by the
name and tiLie of the city of San Antonio, and by that name
may sue and be sued, plead and be impleaded, and may hold
and dispose of real and personal estate in said city.
Sec. 2. Be it further enacted, That the bounds and vlimits
of said city, and within which the said corporation shall exer¬
cise lawful jurisdiction, shall include and comprehend all that
tract of land originally granted to and composing said city, with
its precincts.
Sec. 3. Be it further enacted, That the qualified voters of
said city shall elect members to form a city council, consisting
of one mayor, or president, and eight aldermen, and also a
treasurer and a collector; the mayor and aldermen shall appoint
■one or more constables as may be necessary, and shall regulate
their salary or fees,» and also a clerk or secretary, wh<?~ shall
possess a competent knowledge of the Castilian and English
languages, and whose salary and fees shall likewise be fixed by
said council, shall give good and sufficient security to be approv¬
ed by the chief justice of the county, for the faithful discharge
of their duties and of the trusts reposed in them; the amount of
their bonds if forfeited to be paid into the city treasury.
Sec. 4. Be it further enacted, That the first election under
this act, shall take place on the first Monday in March, one
thousand eight hundred and thirty-eight, and every following
year on the first Monday in January, and public notice there¬
of, shall be given at least eight days preceeding said elec¬
tion, in the first instance by the chief justice of the county, or
during his absence or indisposition by one of the associate jus¬
tices, under whose direction the first election shall be held, and
evefr afterwards under that of the mayor and two aldermen, who
with the remainder of the council, shall exercise the functions of
their office until their successors are duly sworn in: each mem¬
ber of said council and all officers appointed by it, shall take an
oath of office in the accustomed form.
♦4
38
Sec. 5^ Be it further enacted, That 110 person shall be &
member of said council nor be entitled to vote for any member
thereof, who is not either a householder or owner of real estate
within the boundaries of said corporation, and who has not re--
sided therein at least six months previous to an election, and
paid up his city taxes.
Sec. 6. Be it further enacted, That the mayor as president
with a majority of the council, shall constitute a quorum for the
transaction of business; they shall have power to enact and en¬
force such ordinances and regulations as they may deem neces¬
sary for the better government of their city and its precincts;
Provided, the same shall not conflict with the constitution and
laws of the republic; they shall also form bye-laws to regulate
their own proceedings, and shall have entire control in all that
relates to the police of the city, such as paving and cleaning the
streets, regulating the markets, removing nuisances, and procur¬
ing for the city a supply of wholesome water; for these and
such like purposes they are authorised to, levy equitable and
moderate taxes, on all fixed and moveable property within their
jurisdiction, and recover the amount of the same by the most
summary process: the poorest class of citizens who may be ex¬
empt from direct taxation, shall be obliged to contribute by
their, manual labor towards all works of publicutility, the quan¬
tity of said labor to be equally apportioned and received in lieu
of pecuniary contribution or vice versa. The council is author¬
ized to inflict moderate fines for infractions or disobedience of
its ordinances, and recover the same by summary proceedings;
Provided, that in all eases, either of unequal taxation, undue de¬
mand -'for labor or excessive fines, the parties aggrieved shall
have the right to appeal t<? the county court.
Sec. 7. Be it further enacted, That the said council are
also authorised to grant licenses to persons retailing spirituous
liquors, to keepers of billiard tables and others; Provided, that
no gaming establishment, nor any other contrary to law shall
be sanctioned or covered by such licenses.
Sec. 8. Be it further enacted, That ,the said council in
conjunction with the justices of the county courts are hereby
empowered and authorised to sell and alienate such public lots
or parcels of land as may lie within their jurisdiction, and to
which there is no legal claimant or title, and also to dispose of
such houses or other buildings as may have formerly been the
property of the corporation of said city, and :the council may
sue for and recover all debts, forfeitures, &c. accraing^or due to
39
the said corporation, the proceeds of such sales to be appropri¬
ated to the erection or repairs of a court house, jail and other
such public edifices as may be deemed most fit, and to the erec¬
tion and endowment of a public school.
Sec. 9. Be it further enacted, That the mayor and alder¬
men of said council shall be commissioned by the chief justice
of the county to act as justices of the peace, exercising the same
powers and entitled to the same fees as other magistrates of the
same class.
Sec. 10. Be it further enacted, That it shall be the special
duty of said council to promote by every equitable means, the
establishment of a common schools, male and female within the
limits of the corporation in which the English language shall be
taught, and the children of the poor class of citizens invited and
received gratis.
Sec. 11. Be it further enacted, That the town of Victo¬
ria be, and the same is hereby incorporated, and shall have the
same power and be governed by the same rules and regulations
as are enacted in the act of incorporation and government of the
city of San Antonio, with the wsception of having but five alder¬
men instead of eight.
Sec. 12. Be it further enacted, Thpt the town of Gonzales
be, and the same is hereby incorporated, and shall have the
same power and be governed by the same rules, that are enact¬
ed for the incorporation and government of the city of Safi
Antonio.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
AN ACT
To create a board of Medical Censors for the republic of Texas.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
/there shall be elected by joint vote of both houses of congress,
one physician of each and every senatorial district in this re-
40
public, who shall be a resident citizen of the same at the time
of his election, which men when so elected shall form a board
of medical censors for the republic, and may continue in office
during good behavour, whose duty it shall be to grant license
£0 practice medicine and surgery in this republic.
Sec. 2. And be it further enacted, That the said board of
medical censors shall meet annually at the seat of government
on the second Monday of November, then and there to transact
the several duties herein required of them, and the said board
shall at their first meeting, elect from their own body a presi¬
dent and a secretary, who shall hold their office for a term of
one year or until their successor shall be duly qualified.
Sec. 3. And be it further enacted, That it shall be the du¬
ty of said board of censors at their first meeting to adopt rules
and regulations for their government and to establish the method
of taking evidences of qualification, and granting licenses to
applicants therefor, to practice medicine and surgery any where
in this Republic upon satisfactory evidence of qualification being
produced to the board in such manner as the said board may
hereafter adopt: giving due weight to usual credentials, reputa¬
tion established by experience, and the test of examination un¬
der the direction of said board.
Sec. 4. And be it further enacted, That one third of said
board shall form a quorum to transact business, shall have pow¬
er to fill vacancies, and by a vote of two thirds of the members
present may expel a member.
Sec. 5. And be it further enacted, That all licenses to prac¬
tice medicine and surgery, or either, shall be signed by the pres¬
ident of the board, and countersigned by the secretary thereof
except the temporary licenses: and for such licenses the appli¬
cant shall pay the sum of twenty dollars, and any charge for
medical services shall not be recoverable in any court of law or
equity in this republic, after the first day of June next, un¬
less the person rendering such services were furnished at the
time with a license in manner as herein prescribed for and
required.
Sec. G. And be it further enacted, That to prevent delay
and inconvenience a single member of the board of medical
censors may grant temporary licenses to applicants therefor, and
make report thereof to the next meeting of the said board for
confirmation, or further evidence of qualification to be given by
the applicant; Provided, tiiata temporary Jiqehse shall not con¬
tinue in force longer than one month after the next meeting of
41
the board, and that a temporary license shall in no instance be
granted by a censor after the applicant has been refused a li¬
cense by said board of censors, and the applicants shall not be
charged any pay for said temporary license.
Sec. 7. And be it further enacted, That no person shall be
appointed, or hold a commission in the army or navy for any
•office in the medical staff of the army of this republic any time
after the first of June next, unless he be furnished with a license
to practice medicine and surgery as herein provided.
Sec, 8. And be it further enacted, That said board shall
enter on a book to be kept by them for that purpose the names
of each and every person they shall license to practice medi¬
cine or surgery, and the time of granting the same, together
with the names of the board present, and shall publish the
same in some newspaper at the seat of government within thir¬
ty days thereafter.
Sec, 9. And be it further enacted, That all moneys which
may be paid for licenses to the said board of censors shall be the
property of the same, and may be used by them in any manner
they may think proper.
Sec. 19. And be it further enacted, That it shall be the du¬
ty of the president of the republic, so soon as the board of med¬
ical censors herein created shall bejjelectedfto notify them there¬
of and commission them, as well as such others as may be duly
made agreeably to the act, upon being notified thereof by the
president of said board of medical censors.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837-
SAM. HOUSTON.
JOINT RESOLUTION
To compensate the Commissioners appointed to select a site for
the seat of Government.
Resolved by the senate and house of representatives of the
republic of Texas in congress assembled, That each of the com¬
missioners appointed to receive propositions to locate the seat of
42
government, examine sites &c.&c., be authorized to receive five
dollars per day while in employment in the discharge of that du¬
ty, and that the certificate of the speaker of the house of repre¬
sentatives be a sufficient voucher for the same, and the auditor
is hereby required and instructed to audit and allow such claims
on the presentation of such certificate of the speaker of the
house of representatives, to be paid in civil list.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
AN ACT
To define the boundaries of the county of Gonzales.
?Be it enacted, by the senate and house of representatives of
the republic of Texas, in congress assembled, That the bounda¬
ries of the county of Gonzales be, and the same are hereby es¬
tablished in the manner following, viz: beginning on the west
bank of the Labacca river, at the lower corner of a tract of
land deeded to Andrew Kent, thence on a direct line to the
crossing of the La Bahia road, on the Guadaloupe river, thence
continuing the same direction the distance of fifteen miles from
said river to a point for the south west corner, thence on a di¬
rect line to the crossing of the road leading from Gonzales to
■San Antonio, on the western branch of the Sandies; thence con¬
tinuing the same direction to the upper San Antonioroad, athence
with said road to the north east corner of Dewitt's colony,thence
with the line of said colony to ,the place of beginning.
JOSEHH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate..
Approved, Dec. 14, 1837.
SAM. HOUSTON;.
43
AN ACT
To provide for the punishment of Crimes and Misdemeanors'
committed by slaves and free persons of color.
Sec. 1. Be it enaited by the senate and house of represent¬
atives of the republic of Texas, in congress assembled, That
from and after the passage of this act, the following shall be con¬
sidered as capital offences when committed by a slave or free
person of color, to wit: Insurrection or any attempt to excite it,
poisoning or attempting to poison, committing a rape or attempt¬
ing it on any free white female, assaulting a free white person,
with intent to kill, or with a weapon likely to produce death, or
maiming a free white person, arson, murder, burglary, every and
each of which offences shall be triable in the district courts and
upon conviction shall be punished with death.
Sec. 2. Be it further enacted, That it shall not be lawful
for any free person of color, to inveigie or entice away from
their owner or master, any slave or slaves, nor to aid or assist any
slave or slaves in leaving this republic, without the consent of the
owner of such slave or slaves: nor shall it be lawful for any free
person of color to conceal or render aid or assistance to any run¬
away slave, with the intent to prevent the return of such run¬
away to his or her owner, and upon conviction of any of the
foregoing offences before the district courts, such free person of
color shall be fined in a sum equal to the value of such slave or
slaves, and on failure to pay the said fine shall be sold as a slave
for life.
Sec. 3. Be it further enacted, That all other crimes and
misdemeanors, known to the common law of England, commit¬
ted by slaves, shall be triable before the county courts, and on
conviction shall be punishable at the discretion of said court, so
as not to extend to life or limb.
Sec. 4. Be it further enacted, That upon complaint made
upon oath to any member of the county court, of any offence
not capital having been committed by any slave, it shall be the
duty of said court forthwith to call a special term of said court
for the trial of such slave, and when any such special term may
be called, it shall be the duty of the county court in conjunction
with the sheriff to draw fifteen jurors, in the usual way to attend
such term, and if any of them should fail to attend , or from chal¬
lenges the number of twelve should not be had, it shall be made
up from the bystanders.
44
Sec. 5. Be it further enacted, That it shall not be neces¬
sary in such cases, that a bill be found by a grand jury, but the
party shall be required to proceed to trial upon a charge made
out and signed by the person lodging the information setting
forth the offence with which such slave stands charged.
, Sec 6. Be it further enacted, That if any slave or free per¬
son of color shall use insulting or abusive language to, or threat¬
en any free white person, upon complaint thereof before any
justice of the peace, such justice shall cause such negro to be ar¬
rested, and upon conviction, the slave or free person of color,
shall be punished by stripes not exceeding one hundred nor less
than twenty-five.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Concerning the public Archives.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
it shall be the duty of every person or persons, who may have in
his or their possession or control any titles or documents what¬
ever, which relate to lands, and which by the laws now or here¬
after existing in Texas, have been and are considered "Ar¬
chives," to deliver the same to the commissioner of the general
land office, on his order, within sixty days after the final passage
of this act.
Sec. 2. And be it further enacted, That any and all per¬
sons comprehended within the meaning and provisions of the
first section of this act, who shall fail or refuse td comply with
the duties herein required, shall be taken and considered as guil¬
ty of a high misdemeanor, and shall upon conviction thereof, be¬
fore the district court, be fined not less than one thousand dol¬
lars, nor mdre than five thousand dollars at the discretion of the
court, and in default of payment, shall be committed until said
45
fine is paid, and the person so offending in addition to the afore¬
said fine, shall forfeit all land he maj own in this republic and
be forever incapable of acquiring anj, and shall neither vote
nor be eligible to any office civil or military under this govern¬
ment.
Sec. 3. And be it further enacted, That at the end of the
sixty days from and after the final passage of this act, or at any
time thereafter upon information being given, it shall be the du¬
ty of the commissioner of the general land office to notify the dis¬
trict attorney ©f all those who may have offended against its
provisions, and it shall be the duty of the district attorney of the
proper district to commence and institute prosecutions against
all persons so offending in the premises, and they shall be held
in close custody, without bail or mainprize until the archives
which may be in their control or possession are delivered over
to the proper officers, and bis receipt obtained therefor.
Sec. 4. And be it further enacted, That it shall be the du¬
ty of all grand jurors and civil officers of this republic to be aid¬
ing and assisting in carrying into effect the provisions of this
act and to give information of all violations of the same which
may come to the knowledge of any or either of them.
Sec. 5. And be it further ehacled, That it shall be the du¬
ty of the secretary of state, forthwith after the final passage of
this act, to have it published in the Texas Telegraph and trans¬
mit copies thereof to the chief%justices of the several counties of
this republic.
JOSEPH ROWE,
Speaker of the house of representatives.
MIR ABE A U B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
JOINT RESOLUTION ?
Authorizing the Treasurer of the Republic to issue Change
Notes.
Sec. 1. Be it resolved, by the senate and house Of repre¬
sentatives of the republic of Texas in congress assembled, That
fhe treasurer of the republic i$ hereby authorized to issue change
46
hotes of the several denominations of one, two, and three dol¬
lars to an amrunt not exceeding ten thousand dollars, signed by
his chief clerk, redeemable by himself on 'presentation in the
promissory notes of the government, authorized by an act pass¬
ed June 9, 1837.
Sec. 2. Be it further resolved', That the saM treasurer
shall be required to reserve, in the treasury at all times, an
amount of promissory notes equal to the issue of said change
notes, for the redemption.
JOSEPH ROWE,
Speaker of the house of representatives.
M1RABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
f-
AN ACT
To clear out the rivers Attoyac, Angelina and Neches.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
for the purpose of clearing out and improving the navigation of
the rivers Attoyac, Angelina and Neches, the county courts of
the several counties contiguous to and adjoining the said river3,
are hereby authorized and directed to appoint three commission¬
ers from each of said counties, whose duty it shall be to examine
said streams, and to make a minute of the expenses necessary to
open the same, to remove all the obstructions to the navigation
thereof, and to report the same- to the county courts of their re¬
spective' counties, a? early as may be practicable.
Sec. 2. Be it 'further enacted, That it shall be the duty of
each of the said county courts on the receipt of the report of the
commissioners to make an estimate and valuation of the lands bor¬
dering on the said rivers, and that they be authorized to assess
and collect from the proprietors of such lands a tax not to ex¬
ceed two cents per acre, which tax shall be collected in the same
manner, and under the same penaltiesvas are prescribed for the
collection of the general tax on lands.
Sec. 3. Be it further enacted, Thatit^shall be the duty of the
several commissioners to be appointed by the county courts afore-
47
Said, to examine each of the said rivers, and report to the highest
point on the same, that it may be practicable to render them nav¬
igable by steam boats of the smallest class, it being the inten¬
tion of this law to render the said water courses as extensively
beneficial as possible, and the county courts shall endeavor to
remove the obstructions to the navigation of said rivers as far as
may be practicable.
Sec. 4. Be it further enacted, That for the more , certain
completion of the work herein intended, it shall be the duty of
the county court to employ a sufficient number of competent
men to execute the same, and to appoint one supervisor for
each county, whose duty it shall be to superintend said work
and the workmen employed on the same, within their respective
counties; and the said supervisor shall be responsible to, and un¬
der the direction of the said county court, and removeable by
them at pleasure.
Sec. 5. Be it further enacted, That it shall be the duty
of the chief justice of each county to make a full report tri-
annually to the secretary of state, of the proceedings of the
court under this act, and of the progress made in the removal of
the obstructions to the navigation of the river3 aforesaid, and
the said chief justice, together with each of the associate jus¬
tices, shall be responsible to the executive for all the money*
which may come into their hands, from the assessment of taxes
as herein before authorized;
JOSEPH ROWE,
President of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1B37.
SAM. HOUSTON.
AN ACT
To prevent the issuing of individual Printed or Lithographed
Notes.
Be it enacted, by the senate and house of representatives of
of the republic of Texas, in congress assembled, That from and
after thirty days from the passage of this act, it shall be unlaw¬
ful for any person or persons, to either issue or put in circulation
48
a ay printed or lithographed promissory notes of any denomina*
tiou whatever, or any other printed or lithographed note, bill or
paper, purporting to represent the value of money and intend¬
ed for circulation; and any person violating the provisions of
this act, shall on conviction before any justice of the peace, or
other court of this republic, be fined in a sum not less than five
dollars nor more than fifty dollars for each offence, and it is here¬
by made the duty of all grand juries of this republic to enquire
into and present all persons offending against the provisions of
this act,"and any person within ten dajs after the passage of this
act, who shall present in payment of debt or for purchase of
any property whatever any of the above promissory notes, shall
be on conviction fined not less than five dollars nor more than
fifty dollars.
JOSEPH ROWE,
Speaker of the house of representative^.
JOINT RESOLUTION
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
AN ACT
To define the boundaries of the county of Shelby.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled. That
the following limits shall compose the boundaries of the county
of Shelby, from and after the passage of this act, viz: the line
beginning at the mouth of the Small Bayou which empties into
the Sabine river, just below the town of Hamilton, and running
up that Bayou to the crossing of the road leading from Hamil¬
ton lo San Augustine, thence on that road to a point opposite
Buckley's, thence on a direct line including Buckley's house to
a house lately built' by J. Rowe, thence on a direct line to a
point right on the road leading from J. M. Bradley's to San
Augustine, one and a half miles distant from said Bradley's,
thence on a direct line to Kerr's ferry on the Attoyac river,
thence up that river to its source, or to the crossing of Tram¬
mel's trail; but if the said tpoil should cross above the head waters
49
of that river, then the said line shall run due west, from its head
waters to said trail; thence on that trail to the Sabine river,
thence up that river to the4Cherokee crossing of the same, thence
on the road leading to Jonesborough to the Big Cypress Bayou,
thence down that bayou to Lake Sodo, thence east to the boun¬
dary line between this Republic and the United States of the
north, thence along said line south to the Sabine river, thence
down the said river to the beginning point.
JOSEPH ROWE,
Speaker of the house of representative^,
MIR ABE A U B. LAMAR,
President of the senate.
Approved. Dec. 14, 1837.
SAM. HOUSTON.
AN ACT
To define the boundaries of the county of Washington.
Sec. 1. Be it enacte by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled. That
all that district of country within the following described boun¬
dary be, and compose the county of Washington, (to wit:) be¬
ginning at the mouth of Caney creek, on the west bank of the
Brazos river; thence up said creek to its most northwestern
source; thence in a western direction, to the south east corner
of the league of land granted to, Harman Hensely on Mill
creek; thence west to the ridge dividing the waters of Cummings
creek, of the Colorado, and the waters of'NeW Years and Ye-
gua creeks of the Brazos; thence north along said ridge with1 the
eastern boundary of the ."counties of Fayette and Mina to the
old San Antonio road; thence east with said road to the Nava-
sofo river; thence down said river to its mouth; thence down
the riyer Brazos to the place of beginning.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H- EYERITT,
President pro tem. of the senate.
Approved, Dee. 14, 1837. ,
SAM- HOUSTON.
5
so
AN ACT
To incorporate the town of Matagorda.
Sue. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
die citizens of the towns of Matagorda, the City of Hamilton
and the town of Sabine; both on the Sabine river, be, and they
are hereby incorporated as bodies politic with the same powers
and privileges as are conferred upon the town of Brazoria, by
an act passed at the extra session of this congress.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the purchase of the Steamer Pulaski.
Resolved, by the senate and house of representatives of the
republic of Texas, in congress assembled, That the president
he and is hereby instructed to purchase and arm for the nation¬
al defence of this republic, the marine steamer Pulaski, and the
necessary sum for so doing is hereby appropriated out of any
unappropriated money in the treasury.
JOSEPH ROWE,
Speaker of the house of representative#.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Dec, 14,1837.
SAM. HOUSTON.
M
AN ACT
To pay the officers and soldiers of the Army and Navy,
Sec* 1» Be it enacted, by the senate and house of repre*
sentatives of the republic of Texas, in congress assembled, Tha>t
two hundred and fifty thousand dollars, of the promissory notes
authorized to be issued by an act passed on 9th of June, 1837,
are hereby expressly appropriated for the payment of arreara¬
ges now due the officers of the army and navy, and the soldier*
and sailors of the same.
Sec. 2. Be it further enacted, That eVefy person entitled
to the payment provided by thisact, shall, when he presents his
drafts to the treasurer, take an oath that said draft or drafts were
originally issued to him, and that since, he has not sold, alienated
or pledged the same to any person, and that he is now the bona
fide and sole owner of it or them. If there be any endorsement
or appearance of endorsement on any draft, the holder shall b«
required to produce satisfactory proof to the treasurer that the
laid draft has never been sold or transferred.
Sec, 3. Be it furthir enacted^ That if the situation of tn«
republic should be such as to require a greater issue of the prom¬
issory notes than the amount appropriated by an act passed the
9th of June, 1837, that the president be, and he k hereby re¬
quired to hare issued one hundred and fifty thousand dollars of
the promissory notes of the government, of the same character
and no more: andNalso that the treasurer, or his chief clerk, is
hereby authorized to administer the oath prescribed in the se¬
cond section of this act. And further provided, that the presi¬
dent be authorized to appoint a proxy to sign his name to the
above notes.
JOSEPH ROWE,
Speaker of the house of representatives.
MIR ABE A U B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
52
AN ACT
Supplementary to "an act to pay the officers soldiers and sai¬
lors of the Army and Navy."
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas in Congress assembled, That
the benefits of the above recited act is intended to be extended
to all officers, soldiers and sailors who may now be, or have been
heretofore engaged in the defence of the country, either in the
army or navy.
Sec. 2. Be it further enacted, That the benefits of this
act shall be extended to those who rendered actual, personal,
and only for personal services in the army and navy, and only
that portion of them who are the original holders of said claims.
JOSEPHROWE,
Speaker of the house of representatives.
MIR A BEAU B. LAMA It,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
AN ACT
To define the boundaries of the counties of San Augustine and
Sabine.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic ofTexas, in congress assembled, That
the boundary line of the county of San Augustine, shall begin
on the Attoyac river, at the line of the county of Shelby, and
run on that line (o the line of the county of Sabine; thence on
that line to the crossing of the road over the Pollygotch bayou,
near Mr. Sneedsp thence on a direct line to Mr. Prcssnalls;
thence southwest to the road leading from San Augustine to
Zavala; thence on that road to the line of the county of Jas¬
per; thence on that line to the Angelina river; thence up that,
river to the mouth of the Attoyac; thence up the west bank of
that river to the beginning point.
53
Sjec. 2. Be it further enacted, That all the territory
lying west of the Sabine river, south of Shelby, east of San Au¬
gustine county, and ndrth of Jasper county, and not included in
any other county, shall constitute and compose the county of
Sabine.
JOSEPH ROWE,
• Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1S37.
SAM. HOUSTON.
AN ACT
Creating the county of Fannin.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas in congress assembled, Tha»t
all the territory included within the following limits to wit: Be¬
ginning at the mouth of the Bois d' Arc creek, thence up said
creek to the crossing thereof, at the residence of Carter ClifFts;
thence south to a point thirty miles in a straight line from the
place of beginning; thence westwardly and northwardly to Red
River, so as to include all the territory within the aforesaid
bounds, and east of the cross timbers, thence down Red river t©
the place of beginning, be and the same is hereby created into
a new county to be called the county of Fannin.
Sec. 2. Be it furth er enacted, That the said county shall
be organized, in conformity with the provisions of "an act crea¬
ting the county of Houston," and that the first court of said coun¬
ty shall be held at the residence of Jacob Black, on the last
Monday in January, 183S; and thereafter on the first Monday
in March, June, October and December, in each year, and shall
remain in session each term until the business before the said
court shall be disposed of.
Sec. 3. Be it further enacted, That said county shall be
and the same is hereby included in the first judicial district, and
the district courts of said county shall be held on the second
Mondays after the first Mondays in March and September i«
each year.
u
Sec. 4. Be it further enacted, That it shall be the duty of
the county court of said county at the first term thereof to ap¬
point two commissioners from the lower, and two commissioners
from the upper end, and one commissioner from the centre of
said coumv whose duty it shall be to locate the permanent seat
i>f justice IV said county; and said commissioners after being
iWorn, shad proceed to locate the same as near the centre of
.-aid county, with a view to future divisions and the constitution¬
al siz^ of the same, as a sufficiency of water, timber, and other
conveniences may be found, who shall receive from the treasury
of said county such compensation as may be allowed them by
the county court thereof; whose duty it shall be, so soon as the
scat of justice is located, to remove all the public records of said
county to said place, and hold their courts at such place.
Sec. 5. Be it further enacted, That said county of Fan¬
nin, and the county of Red river shall constitute and compose
one senatorial district.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVER ITT,
President pro tern, of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Locating permanently the seat of Justice for the county of
Brer, >ria.
jived, by the senate and hq.use of representatives of the
republic of Texas, in congress assembled. That Brazoria in the
county of Brazoria be, and the same is hereby declared to be
the permanent seat of justicefor said county.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro ten?, of the senate*
Approved, Dec. 14, 1837.
SAM. HOUSTON*
55
AN ACT
To define the boundaries of Jasper county.
Sec. 1. Be it enacted, by the senate and house of represen¬
tatives of the republic of Texas in congress assembled, That the
following boundaries shall be the permanent bounds of J asper coun-
ty; beginning on the Sabine river, at the northeast corner of Jef¬
ferson county; thence alon^ the north line of said county to the
Neches river; thence up said river to old fort Terran, thence in
a direct line to the mouth of Big Bear creek; thence up said
creek to Jones' bridge; thence in a direct line from Bear creek
in a direct line toMcKims; thence in a direct line toBevil's fer¬
ry on the Sabine. ,
Sec. 2. Be it. further enacted. That the chief justice of Jas¬
per county shall issue an order for an election, to be held on the
last Monday in January, 18.38, to elect three commissioners for
selecting a proper site'forthe permanent seat of justice for said
county; and said commissioners immediately after being notified
of their election shall forthwith proceed to select such place as is
in their opinion the best calculated for a county seat of said
county, and report the same to the chief justice'of said county.
Bee. 3. Be it further enacted, That if the commissioners
should select a place on private property, then they shall buy or
receive it as a donation to the courts so much land as may be ne¬
cessary for a county seat, and divide it off into suitable sized lots
for building oq, and sell the same on a credit of six and twelve
months, the purchaser giving bond and security until final pay¬
ment, and the proceeds to be paid into the county treasury for
the use of said county.
JOSEPH ROWE,
Speaker of the house of representatives.
M1RABEAU B. LAMAR,
President of the senate.
Approved, Dee. 14, 1837,
SAM. HOUSTON.
56
AN ACT
Creating the county of Robertson.
&eo. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
all that section of country lying and situated in the following
boundaries be, and the same is hereby set apart and constituted
a new county, to be known and called by the name of "Robert¬
son," viz: the line beginning on the Brazos river, at the county
line of the county of Washington, and running on that line eas¬
terly to the Trinity river; thence up that river to the northern
edge of the Cross Timbers; thence due west to the Brazos riv¬
er; thence down that river to the beginning point.
Sec. 2. Be it further enacted, That the said county of Ro¬
bertson shall be organized in conformity with an act, entitled
"an act, to organize the inferior courts, and defining the powers
and jurisdiction of the same;" and it shall be the duty of the
chief justice of the county of Robertson forthwith after his
qualification, to give at least ten days public notice in such places
in the said county as he may deem necessary, to hold an elec¬
tion for the seat of justice for said county, in which election all
persons qualified to vote for members of the general congress,
and residing within said county, shall be entitled to a vote.
Sec. 3. Be it further enacted, That the said county of Ro¬
bertson shall be attached to the senatorial district ofMilam, and
be entitled to one representative in congress, and that the coun¬
ty courts for the said county of Robertson, shall commence and
be holden on the third Mondays of February, May, August and
November in each and every year; and that the said county
shall belong to the third judicial district, and a district court shall
commence and be holden at the county seat of said county, on
theMpnday next succeeding the fourth Mondays of the months
of April and October in each and every year.
JOSEPH ROWE,
Speaker ot the house of representatives*
S. H. EVERITT,
President pro tem. of the senate.
Approvsd, Dec. 14, 1837.
SAM. HOUSTON.
sr.
JOINT RESOLUTION
Requiring the auditor to audit the accounts of Geo. W. BonneL
Resolved, by the senate and house; of representatives of
the republic of Texas in congress assembled, That the audi¬
tor 6f public accounts be, and he is hereby required to audit the
accounts' of George W. Bonnel, amounting to eigld hundred and
«eventy-five dollars, for expenditures made by him in recruiting
and bringing into the service of this republic a company of vol¬
unteers in the year 1830.
, JOSEPH ROTE,
Speaker ot the house of repras ntatives.
MIRABEAU B. LAAi .it,
President of l m senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON,
AN ACT
To sustain the Currency of the Couiury.
Be it enacted, by the senate and house of representatives
of the republic of Texas in Congress assembled. '! h .< from and
after the passagcof this act, nothing but gold and dh r or prom¬
issory notes of this government, shall be received m payment of
duties on goods imported into this republic, nor shall any bank
notes be received in payment of any dues to the government of
Texas.
♦ JOSEPH ROWE,
Speaker of the house of representatives.,
MIRABEAU B. LAMAR, .
President of the senate*
Approved, Dec. 14, 1837.
SAM. HOUSTON*
m
AN ACT
To prohibit the further sale of Land Scrip*
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
the president be, and he is hereby authorized and required to is¬
sue his proclamation forthwith recalling our agent sent to the
United States for the Sale of land scrip, and forbidding the sale
of any more.
Sec. 2. Be it further enacted, That the said agent be re¬
quited forthwith to return to the secretary of the treasury 'all
the land scrip in his possession, and should he fail^or refuse to
do so, four months after the first day of January next, he shall
be considered guilty of a high misdemeanor, and on convic¬
tion before any court shall be fined in a sum not less than five
thousand dollars, nor more than twenty thousand dollars, which
fine shall gp to the use of the republic, and shall be liable and
subject with his securities, to be sued on his bond also.
Sec. 3. Be it further enacted, That all sales of land scrip
made by said agents after receipt of the presidents proclama¬
tion shall be null and void.
JOSEPH ROWE,
Speaker of the house of representativef,
MIR ABE AU B. LAMAR.
President of the senate.
Approved, Dec. 14,1837.
* SAM. HOUSTON.
AN ACT
To require the district Judges to reside permanently in their
proper districts, and for other purposes.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
it shall be the duty of each district judge to reside permanent¬
ly in his district, unless absent on official duties*or by special
59
leave of the president, which special leave shall not extend be*
yond two months in each year, and shall not interfere with the
regular terms of the court, and any judge for a violation ofthe
provisions of this section, and for absenting himself from any
term of a court, where, by law he is required to attend, shall be
liable to be fined in the sum of one thousand dollars, upon mo¬
tion before the supreme court, reasonable notice being given to
the party Of such motion, and shall also be liable to an action
for damages by any party aggrieved by reason of such ab¬
sence, or failure to attend -the court.
JOSEPH ROWE,
Speaker of the house of representatives.
S. II. EVERITT,
President pro tem. of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of Anson Jones.
Resaived) by the senate and house of representatives of the
republic of Texas, in congress assembled, That the first auditor
be required to audit the accounts of Dr. Anson Jones, for the
sum of fourteen hundred and sixty-five dollars thirty-three and
one-third cents, for his services as apothecary general, from the
6th of October 1836, to the 10th May, 1837; also two hundred
and ten dollars expended by him for the rent of a store house,
from 1st July 1836, to the 1st day of February, 1837.
JOSEPH ROWE,
Speaker of the house of representative*.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14/1837.
SAM. HOUSTON.
CO
JOINT RESOLUTION
For the relief of Charles Duroeha.
Resolved, hy the senate and house or representatives of the
republic of Texas, in congress assembled, That the auditor be
required to audit an account of Charles Dutocha, the sum of
one hundred and two dollars to be paid out of the funds to be
appropriated for the payment of the civil list.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 14, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
To select a Committee of five &c. to locate the seat of Gov
ernment. .
Sec, 1 Resolved, By the senate and house of representa*
tives of the republic of Texas, in congress assembled, That
they will elect a joint committee of five, two from the senate
and three from the house of representatives, to be elected by
their different houses, to whom shall be referred all prospositioni
for the location of p, permanent seat of government, that the
said committee be instructed forthwith after the adjournment of
congress, to repair to that section of country in which it is pro¬
posed to locate the seat of government, and examine, and make
plots of the different places proposed as proper for the seat of
government, and to visit and examine such other places as may
be proposed for the seat of government, and prepare plots and
descriptions of all such place with the conditions on which they
ean be had by the government, and report thereon on the first
Monday of the next meeting of congress.
Sec. 2. And be it further resolved, That said committee,
shall receive the same pay as if in actual session of congress, fbf
the time they are serving on said committee, and they are here*
61
by instructed to make contracts on the most favorable terms
they can, subject in all cases to the ratification or rejection of
congress.
Sec. 3. And be it further enacted, That the said committee
Shall have power to make reservation of all vacant lands which
may be situated within nine miles of any point which the com¬
mittee may think proper to designate as suitable locations for
the seat of government, and due notice of said reservation shall
be forthwith given ih at least three public newspapers, and no
county surveyor shall survey any land in the said reservation,
until after said reservation shall be relinquished by congress;
Provided, that it shall not be lawful for said committee^ to make
$such reservations in more than five different places.
JOSEPH ROWE,
Speaker of the house of representative?*
MIRABEAU B. LAMAR,
President of the^enate.
Approved, Dec 14, 1837*
SAM. HOUSTON*
AN ACT
Precluding aliens from being appointed to office*
Be it enacted, by the senate and house of representatives o
iche republic of Texas, in congress assembled, That from and af
ter the passage of this act, it shall not be lawful for the presi
dent or either of-the heads of departments to appoint any per
son to any civil office, (consuls to foreign ports excepted,) unles
such person shall have residence at least six months in the re
public, and is a citizen of the same; nor shall any alien be ap
pointed to any military office in this republic, except in case e
Invasion, or the prosecution on our part of offensive warfare
Against Mexico.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate*
6
62
AN ACT
Entitled " an act to1 reduce into one act, and to amend the*
eral acts relating to the establishment of a General Land
Office."
Sec. 1. Be it enacted, by the senate arid house of repre¬
sentatives of the republic of Texas, in congress assembled, That
there'shall be, and is hereby established a General Land Office
for the Republic of Texas, to be located at the seat of govern¬
ment, or at such place as may hereafter be designated by law,
the chief officer of which shall be called the Commissioner
otf the General Land Office, which said officer shall be appoint¬
ed by the president by and with the advice and consent of the
senate, shall enter into bond with three or more secu-ities, pay¬
able to the president or his successors in office, in the penalty
of fifty thousand dollars, conditioned for the faithful perform¬
ance of the duties of his office ; said bond and securities to be
approved by the president and senate, which bond shall be filed
in the office of the secretary of state, and shall hold his office
for the term of three years. Provided, the provisions of this
section shall not affect the present incumbent of that office,
except so far as relates to his giving bond and security, and
holding his office for three years from the date of his appoint¬
ment; and the said commissioner of the general land office shall
receive a salary of three thousand dollars per annum, payable
quarterly.
Sec. 2. Be it further enacted, That the commissioner of
the general land office be, and he is hereby authorized to ap¬
point a chief clerk, which said clerk shall receive a salary of
sixteen hundred dollars per annum, and two assistant clerks, who
shall received, as a salary, twelve hundred dollars each per an¬
num, payable quarterly.
Sec. 3. Be it further enacted, That the said chief clerk
shall enter into bond with three or more securities, to be ap¬
proved by the commissioner of the general land office, in the
sum of twenty thousand dollars, payable to the president or his
successors in office, conditioned for the faithful performance of
the duties of his office, (which bond sghall be deposited in the
office of the secretary of state,) who, in case of the absence of the
commissioner of the general land office, or his inability to at-
63
tend to the duties thereof, shall perform all the duties appertain¬
ing to said office.
Sec, 4. Be it further enacted, That all officers appointed,
or to be appointed, under the provisions of this act, shall, before
entering on the duties of their office, take and subscribe the
following oath, to wit: "I, A B, do solemnly swear, that I will
faithfully discharge the duties of my office, without favor or par¬
tiality, so help me God," which said oath shall be transmitted
to, and filed in the office of the secretary of state.
Sec. 5. Be it further enacted, That the commissioner of
the general land office shall cause to be provided a seal of of¬
fice, which seal shall not be changed except by law; and cer ti¬
ffed copies of any records, books, or papers, belonging to said
office, under the signature of the said commissioner, or chief
clerk with the seal of office thereunto attached, shall be com¬
petent evidence in all cases where the originals could be evi¬
dence.
Sec. 6. Be it further enacted, That the commissioner
of the general land office be entitled to, and shall keep charge
of the seal; and also that he be, and is hereby entitled feo
and shall have custody and control of all books, records, pa
pers, and original documents, appertaining to the titles of lands,
heretofore and by the provisions of t;he law denominated ar¬
chives; and that the said books, records, papers, and original
documents shalfbecome and be deemed the books and papeis of
said office.
Sec. 7. Be it further enacted, That all patents issuing from
the land office, shall be in the name of the republic of Texas,
and under the seal of said office; shall be signed by thejpresi-
dent of the republic, and countersigned by the commissioner of
the general land office, or by the chief clerk thereof.
Sec. 8. Be it further enacted, That no person appointed to
an office instituted by this act, or employed in any such office,
shall directly or indirectly be concerned in the purchase of any
right, title, or interest in any public land, either in his own name,
right or interest for any other person, or in the name or right
of any other person, in trust for himself; nor shall take or re¬
ceive any fee or emolument for negotiating or transacting the
business of said office, other than those fees allowed by law.
Any person offending in the premises against the prohibition- of
this act, shall on conviction thereof before the district cdurt, be
removed from office, and fined in any sum not less then five hun¬
dred dollars, and shall forfeit all the land he owns in the repub-
64
lie, and never after be allowed to hold any office of trust or pro¬
fit in this republic.
Sec. 9. Be it further enacted, That there shall be elected
. by joint vote of both houses of congress, for each county, a
county surveyor, who shall reside at the county seat, and whose
du*y it shall be to receive and examine all field notes of surveys,
which have been or may hereafter be made in said county and up¬
on which patents are to be obtained, and shall certify the same
under his hand to the commissioner of the general land office, af¬
ter having recorded the same in a book to be kept by him for that
purpose; and shall immediately return the same to the president
of the board of land commissio'ners of said county. He shall
before entering upon the duties of his office, enter into bond
with three or more securities, to be approved by the board of
land commissioners of the county, in the sum of ten thousand
dollars, payable to the president or his successors in office, con¬
ditioned for the faithful performance of his duties; which said
bond shall be recorded in the clerk's office of said county, and
the original transmitted to the office of secretary of state; and
the said surveyor shall hold his office for three years, and be re-
eligible. He shall be entitled to charge on all field notes and
plats presented to him for inspection, for every set of field notes
and plat of a league and labor of land, five dollars; for one-third
of a league, four dollars; and for every less quantity, three dol¬
lars. His books shall be open at all times fbr inspection,and he
shall be allowed thirty-seven and a half cents for every search.
He shall appoint as many deputy surveyors as he may deem ne¬
cessary for the county; and shall administer to them the oath
of office, and take the bond hereinafter prescribed, and shall fur¬
nish them such instructions as may be furnished to him from time
to time by the commissioner of the general land office; and
such deputy susveyor, before he enters upon the duties of his
office, shall enter into bond, with two or more securities, to be
approved by the county surveyor, in the sum of five thousand
dollars, payable to the president or his successors in office, con¬
ditioned for the faithful performance of the duties of his office;
and for such appointment of a deputy surveyor, the county sur¬
veyor shall be allowed to charge and receive from the person so
appointed, the sum of five dollars.
Sec, 10. Br it further enacted, That it shall be the duty
of each deputy surveyor, to administer an oath to each individ¬
ual employed by him as chain carrier or marker, for the faithful
performance of his duties as such, in accordance with the in-
65
fctructions given him: and no African, or Indian, or descendant
of either, or any person under the age of sixteen years, shall
be employed in either of the above capacities; and further, it
shall be the duty of said surveyors to subscribe the name of each
of the chain carriers to his field notes, previous to his returning the
same to the county surveyor. He shall also state, to the best of
his knowledge or belief, the number of labors of irrigable lands,
the number of labors of temporal or arable lands, and the num¬
ber of labors of pasture lands, in each survey, for that class of
claimants who are entitled to land under the constitution and
colonization laws, which shall be plainly written out in the field
notes, and also inserted in each patent; and for all such surveys
he shall charge and receive three dollars for each English lineal
mile actually run.
Sec. 11. Be it further enactedThat there shall be elected
by joint vole of both houses of congress, a commissioner, who
shall be president of the board, and two associate commissioners,
for each and every county, who shall compose and constitute a
board of commissioners for their respective counties, to be styled
a "Board of Land Commissioners," whose duty it shall be to in¬
vestigate all claims on this government for head rights to landa^
and they are hereby authorized and required to grant to any
person or persons, a certificate of their claim or claims, upon
such proof being made to them, by the party or parties claim¬
ing, as is herein required, setting forth in said certificate tike
amount of land the claimant is entitled to, upon what condi¬
tions, and the time when he, she, or they, emigrated to this
country. The presidents of the boards of land commissioners
shall be receivers of public monies, for their respective counties,
and shall enter into bond with good and sufficient security, to
be approved by the county court, or if there be no county court,
the board of land commissioners, in the sum of twenty thousand
dollars, payable to the president of the republic of Texas, or
hia successors in office, and conditioned for the payment of all
sums which may be received by him, on account of the public
lands, to the secretary of the treasury for the use of the repub¬
lic, which bond shall be recorded by the clerk of the county
court, and the original transmitted to the office of the secreta¬
ry of state , and for all public monies which he may receive
and pay Over, he shall be allowed to charge and receive two
per cent.
Sec. 1*2. Be further enacted, That every person who
shall claim a title to land in this government by virtue of the
6 *
6«
colonization laws, or by residence in the country at the decla¬
ration of independence, shall be required to take and subscribe
the following oath: "I do solemnly swear, that I was a resident
citizen of Texas at the date of the declaration of independence,
that 1 did not leave the country during the campaign of the
spring of 1836, to avoid a participation in the struggle, that I
did not refuse to participate in the war, and that I did not aid
or assist the enemy, that I have not previously received a title
to my quantum of land, and that I conceive myself justly en¬
titled, under the constitution and laws, to the quantity of land
for which I now apply." They shall also be required to prove,
by two or more good and creditable witnesses, as the commis¬
sioners may require, that they were actually citizens of Texas
at the date of the declaration of independence, and have con¬
tinued so to the present time; and they shall also be required to
prove, in like manner, whether they were married or single at
the time of the declaration of independence, and what amount
of land they were entitled to under the law. Provided, widows
and orphans shall not be required to take the oath, herein pre¬
scribed; and all persons claiming a grant'to land of this govern¬
ment by inheritance or by purchase, shall prove, in the same
manner as above stated in this act, widows, orphans, or their
legal representatives not excepted, that the person whose estate
they claim is entitled to a grant to land of this government, by
the laws of the country, or that the person of whom they pur¬
chased is actually entitled to said grant to lands of this govern¬
ment; and no purchaser of a head right shall be entitled to re¬
ceive a grant either as assignee, or in the name of the original
claimant, unless proof be also made that the person represented
as entitled to the grant, is actually a resident of the republic at
the time the application for the grant is made; and all orders
of surveys of head rights procured under the colonization laws
previous to the declaration of independence, shall be submitted
to the examination of the land commissioners and the holders
of the same, whether they be original claimants, their heirs, or
assignees, shall be subjected to the same formalities and requisi¬
tions in procuring said head rights as pointed out for other indi¬
viduals in this law.
Sec. 13. Be it further enacted, That any person claiming
the benefits of any particular colonization law of Coahuila and
..Texas, during their existence, fixing the prices to be paid for
.lands by the colonists, shall prove by at least two respectable
witnesses, that he, or she, was actually residents of Texas during
67
the time said law was in force, which proof so made before said
board of land commissioners, shall entitle the claimant to have
his or her land at the price fixed upon by said colonization law
which wras in force at the date of said claimant's emigration ti
this country.
Sec. 14. Be it further enacted, That there shall also be
elected for the several counties, a clerk, by join,t vote of both
houses of congress, who shail keep, in a well bound book to be
kept by him for that purpose, a correct account of all the trans¬
actions of the board of land commissioners, the name of every
person to whom a certificate shall be given, the amount of land
granted to each person, the time of their emigration to the
country, and the name or names of the witness or witnesses, by
whom the claimants severally proved their claims; and the said
clerk shall, at the end of every month, forward to the commis¬
sioner of the general land office, a correct list of the names to
whom certificates have been given, the amount of land granted
to each individual, and the date of the claimant's emigration to
the country; and the said commissioner of the general land office
shall keep a record of all such returns which may be made to
his office; and the said clerk shall, before entering upon the du¬
ties of his office, give a bond with good security, to be approv¬
ed of by the board of land commissioners, for the sum of five
thousand dollars, payable to the president or his successors in
office, conditioned for the faithful performance of the duties of
his office as clerk and register, and the safe keeping of the re¬
cords thereof.
Sec. 15. Be it further enacted, That every certificate
which may be issued by the authority of this act, shall be signed
by the board of land commissioners, and attested by the clerk,
and for every such certificate so issued, the party claimants
shall pay the sum of five dollars, one half of which shall go to
the clerk, and the other be equally divided between the quorum
of the board actually presiding. And it is hereby made the
duty of said board, and they are required to meet at the court
houses of their respective counties on every other Thursday,
then and there to transact the duties required of them by this
act, and shall remain in session so long as may be necessary for
the transaction of the business before the board, for which ser¬
vices they shall be entitled to demand and receive the fees
herein allowed, and no more. Provided, that after the land of¬
fices shall have been open three months, the said board shall not
be required to meet only on the first Thursday of each month,
68
and if that day should fall on a regular court week, so as to
interfere with it, then they shall meet on the next Thursday
thereafter. And further provided, that a majority of said board
shall form a quorum to transact the duties herein required of
them.
Sec. 16. Be it further enacted, That the decision of a major¬
ity of said board of commissioners shad he necessary to entitle any
person to a certificate of their claims, but if a majority of said
board should decide that any claimant who presents himself, or
herself, before them for a certificate of claims, is not entitled lo
the amount ofjand which they claim, said claimant may take an
appeal from their decision to the next district court for the
county in which said claimant may live, citing the board of com-
miwioners to appear as defendants, where it shall be tried; and
in all such cases the district attorney shall represent the interest
of the republic, for which services he shall be allowed a tax fee
of tea dollars on every such case, to be paid by the appellant,
together with all other costs of suit, in case he or she fails to
obtain a verdict in his or her fayor. But if the appellant should
obtain a verdict for the amount of land which he or she claims,
the coats of suit shall be paid by the republic, when the com¬
missioners shall issue a certificate in accordance with such de¬
cision.
Sec. 17. Be it further enacted, That any certificate of
claim to land, which has been or may be obtained in the man¬
ner and form herein prescribed, shall be sufficient evidence to
authorize any lawful surveyor to survey for any person holding
such certificates, any lands which he may point out, agreeably
to all the laws which do now, or may hereafter exist on that
subject. Provided, also, that where more than one application
is made for the same tract of land to be surveyed, the settler
or occupant shall have the preference if their claims be other¬
wise equal. Provided, that no location or improvement made
since the declaration of independence by persons who have since
that time arrived in the country, shall be regarded when they
come in conflict with the claims of those who were here at the
declaration of independence. But those individuals entitled to
the six months preference, shall have the right of locating their
lands upon any vacant lands of the republic, without regard to
any improvements made by individuals who have arrived in Tex¬
as since the declaration of independence. In all other cases, or
in case there be more occupants than one, the conflicting claims
shall be summarily tried by the nearest justice of the peace and
69
six disinterested jurors summoned for that purpose, and upon their
decision the surveyor shall grant to the successful party the field
notes of the tract of land, given in all cases the preference to
the oldest occupant and settler. Provided, in all cases, that the
claimant shall apply for such certificate in the county in which
he, or she may reside at the date of the passage of this act; and
provided that persons claiming land by* inheritance or assign¬
ment shall apply for such certificate in the county where the tes¬
tator died, or where the assignor lived at the time of making
such transfer.
Sec. 18. Be it further enacted, That when two or. more
persons cannot agree to a division line of any land, which has
never been surveyed agreeably to law, it shall be lawful for
either party to apply to any justice Of the county or territory
in which the land lies, or if their be no justice of the peace in
the county or territory, then to'the nearest justice in any coun¬
ty or territory, and make oath that he has tried and has not
been able to settle the dispute between himself and one or more
other persons, (naming them,) concerning a division line, and
the said justice shall issue a warrant to any lawful officer to
summons the party or parlies defendant, together with six dis¬
interested jurors, to meet upon the premises in dispute, together
with such witnesses as either party may choose to have summon-
oned, to give evidence on a certain day, naming at what time
and place. The justice shall a^so meet the parties, examine all
the testimony before the jury, who shall on oath, hear and de¬
termine to case in dispute, and shall also determine who shall
pay the cost of suit.—Each juror in such case shall be allowed
two dollars per day for such services; the other officers, such
fees as have been already established by law for' other similar
services. Provided, that if the land in dispute shall be on a
county line, it shall be lawful for a justice of either county in
which part of the land may be, to act in such case, and in case
either party be dissatisfied with the decision, they shall have the
right to appeal to the district court within ten days, upon giv¬
ing bond security for the costs.
Sec. 19. Be it further enacted, That it shall be the duty of
the surveyor in all cases, before he runs a division line between
two settlers claiming lands, to notify the party or parties inter¬
ested, before running the same, in writing. And any survey
which may be made contrary to the true intent and meaning of
this section of this act, shall not be a lawful one, and the
field notes of every survey which shall be returned to any land
70
office hereafter for the purpose of getting a title for the same*
shall be under oath of the surveyor, who shall swear it was
executed according to law, and shall also swear the same
was made prior to the closing of the land office by the consul¬
tation, or subsequent te the opening of the same by this act,
and if made prior to the closing of the land office by the con¬
sultation, the same shall also be proven by at least two respect¬
able witnesses. ~s'
Sec. 20. Be it further enacted, That the commissioner of
the general land office is hereby authorized to grant, to all per¬
sons holding an order of survey legally obtained previous to the
closing of the land offices in one thousand eight hundred and
thirty-five, and having a survey which was made agreeably to
said order, and in conformity to iaw in all respects, a patent
for the same, upon the holder presenting the certificate of some
board of land commissioners, that he is entitled to' the quanti¬
ty of land surveyed, and making such proof to them as is re¬
quired by law, and upon his paying the several fees as the laws
require.
Sec. 21. Be it further enacted, That all lands surveyed for
individuals lying on navigable water courses, shall front one
half of the square on the water course, and the line running at
right angles with the general couiv.e of the stream, if circum¬
stances of lines previously surveyed under the laws will permit,
and ail others not on navigable water courses shall be square
if previous lines will permit; and under..no circumstances shall
any one grant be located in more than two surveys.
Sec. 22. Be it further enacted, That each and every indi¬
vidual under the age of seventeen, who have volunteered in the
service of their country, and who have received honorabl e dis¬
charges, shall be entitled to the same quantity of land as ? head
right, that they would be though they were twenty-one years of
age, and upon the same conditions.
Sec. 23. Be it further enact id, That all single men who
were in the republic at the date of the declaration of Indepen¬
dence, and entitled under the constitution to one-third of a
league of land, and who have since married, or may marry with¬
in the next twelve months, shall be entitled to the additional quan¬
tity of two-thirds of a league and a labor of land. Provided, that
the benefits of this section shall only extend to those who have
contiibuted to'the support, and defence of their country : and
provided, this additional quantity shall not be allowed to any
whose wife has received a league of land of this government.
?i
Sec. 21. Be it further enacted, That whereas many persbM
bave received titles under the colonization laws as colonists front
the different commissioners of the county, and whereas many
conditions wefe by the law attached to said titles, that all such
conditions be, and are hereby cancelled, and the titles to
all such lands are hereby ratified and confirmed. Provided, that
such persons shall pay, or cause 'to be paid, to the president of
the board of land commissioners of the county where such land
may be situated, within six months after the opening of the land
office, all money which may be due or owing On the same: pro¬
vided.f that the condition of remaining in the country^ and the
provision prohibiting the sale to aliens, shall not be repealed by
this law. And further provided, that no title by this act shall be
confirmed, which was illegal or invalid ab initio. And further
provided, that this act shall not extend to any grantee or indi¬
vidual for a greater amount of land than one league and one la¬
bor.
Sec. 25. Be it further enacted, That no person shall, by
virtue of nrl improvement, have a right^to claim more than one
league and one labor of land, and that improvement shall con¬
sist in the clearing and fencing in a farm like manner, at least
four acres; and this privilege shall not extend to any person or
persons who have previously received a title to the quantum of
land to which they w< re entitled, nor to any person or persons
entitled to a grant of land by purchase.
Sec. 26* Be it further^.nactedThat it is hereby declared,
that all erripresarios' contracts having ceased on the day of the
declaration of Independence, all the vacant lands of Texas are
the property of this republic, and subject alone to the disposi¬
tion of the government of the same.
Sec. 27. Be it further enacted, That in order to settle the
claims of empresarios, each and every one of the same are hereby
authorized to institute a suit against the president of the repub¬
lic of Texas, which suit or suits shall be tried in the county in
which is situated the seat of government, and shall be tried as
all other land suits are required to be tided. Aad should any
empresctrio who should thus sue, fail to establish the claim for
which he sues, he shall pay all the costs of said suit. Provided,
that neither aliens nor the assignees of aliens shall be entitled
to the benefits of this act.
Sec. 28. Be it further enacted. That it shall be the duty
of the attorney gereral to attend to all such suits, in behalf of
the republic of Texas, and the president is hereby authorized to
n
gffipioy such additional counsel as in his opinion he nlay dehifl
prdper; the expenses of which shall not exceed one thousand
dollars in each case.
Sec. 29. Be it farther enacted, 'That every volunteer who
arrived in this republic after the 2nd day of March, 1836, and
before the 1st of August, 1836, and has received or may hereaf*'
ter receive an honorable discharge and has taken the oath pre¬
scribed by the constitution, or who may have died, shall re¬
ceive the quantity of land by this act secured to original colo¬
nists.^ Provided^ that the priority of location mentioned in the
thirty^eighth section of this act shall be adhered to; and further
provided, that none but the person who served, or his heirs, shall
be entitled to the benefit of this provision, and all augmentation
shall accrue to the original claimants, and not to the person to
whom it may have been transferred; provided, no person who is
entitled to the benefit of the first part of this section of this act,
shall be entitled to the benefits of the latter part of the same;
every person who has arrived in this republic since the d«*
claration of Independence, and previous to the 1st of October,
1837, who is a free white person and the head of a family, and
who actually resides within the government with his family, shall
be entitled to a conditioned grant of twelve hundred and eigh¬
ty acres of land, by paying the fees of office and of surveying*
The condition^ of said grant shall be that both grantee and his
or her family shall remain and reside within this republic* and
do and perform all the duties required of otherlike citizens, for
the term of three years; after which time, he or she shall re*
fceive an Unconditional deed for said land; and in no case whafc*
ever shall a grant of that description be made unless it be satis*
factorily proven that all the conditions and provisions of the law
have been complied with. And all single free white men who
have emigrated to thi3 republic since the declaration of Inde¬
pendence, and previous-to the 1st of October, 1837, shall be en¬
titled to six hundred and forty acres of land, and if they married
before the 1st day of October, 1837, they shall be entitled to an
additional quantity of six hundred and forty acres of land upon
the same conditions as above named, and all laws contrary to
the meaning and provisions of this section are hereby repealed.
. Sue. 30. Be it farther enacted, That all officers and sol¬
diers who engaged in the service of Texas previous to the 1st
Of March, 1837* whose families are now here or may arrive
within twelve months from the date of their discharges, shall be
entitled to the same quantity of land as they would have been
73
entitled to, if their families had emigrated with them to tfc»y
country.
Sec. 31. Be it further enacted, That the board of land
commissioners are hereby authorized to grant to persons claim¬
ing lands of this government under the 29th section of this act,
a certificate of their claims, upon the same proof being made to
them as is required of other claimants, stating in said certificate,
the amount of land to which the claimant is by law entitled; at
what time he or she arrived in this republic.
Sec. 32. Be it further enacted, That the commissioner of
the general land office, shall when required by the president of
the republic or either house of congress make a plat of any land
surveyed under the authorityof the government, and give such
information respecting the public lands and concerning the bu¬
siness of his otiice, as shall be legally required.
Sec, 33. Be it further enacted, That the commissioner of
the general land office shall be, and he is hereby authorized to
appoint a translator, who shall undergo aq examination as to his
qualifications, and shall understand the Castiliian and English
languages, and shall before he enters upon the duties of his office^
take and subscribe the oath of office herein prescribed, stall
give bond with two or more good and sufficient securities in the
sum of ten thousand dollars, to be approved of by the secreta¬
ry of state, and shall be payable to the president or his succes¬
sors in office, conditioned for the faithful performance of his du¬
ties, and said translator shall hold his office for the term of
three years and shall be allowed a salary of two thousand dol¬
lars per annum payable quarterly.
Sec. 34. Be it further enacted, That it shall be the dat/
of said translator, to translate into the English language, and
record in a book to be kept by him for that purpose, all the laws
and public contracts relative to the titles of land which are
written in the Castiliian language, and also to translate and re¬
cord in like manner, all original titles which are written in
the Castiliian language, which may be on file in the office of the
commissioner of the general land office.
Sec. 35. Be it further enacted, That should a vacancy
occur during the recess of congress, by death, resignation or
otherwise, of any member of either of the boards of land com¬
missioners, or of the clerk of either of the boards, or of
any county surveyor, it shall be the duty of the board of land
commissioners, to notify such vacancy to the commissioner of the
general land office, forthwith, and to recommend some person
7
74
suitably qualified to fill such vacancy, whereupon it shall be the
duty of the commissioner of the general land office to fill said
vacancy by an appointment, and report the same to the con¬
gress immediately on its next session, which office shall contin¬
ue to perform the duties of the office, to which he is appointed,
aggreeably to the provisions of this act, until his successor is du-
ly qualified.
Sec. 38. Be it farther enacted, That so soon as the cer¬
tified copy of the field notes and plot of any survey shall be made
and transmitted to the president of the board of land commis¬
sioners for the county where the land or a part of it lies, and the
amount of money which is fixed by law as the price of such land,
be paid, the president of the board of land commissioners shall en¬
dorse a receipt for such payment on the back of said field notes
for which he shall give duplicate receipts and transmit the field
notes to the commisioner of the general land office, who shall
forthwith make out in due form a patent for said land, and re¬
cord the same in a book to be kept for that purpose, and trans¬
mit the original to the president of the board of land commis¬
sioners, for the county where the land lies, who shall enter a min¬
ute of the said patent on his books and deliver the same to the
party who is entitled to it, or some one authorized by him to re¬
ceive the same, taking a receipt therefor; and the said paten-,
tees in all cases shall pay as government fees the prices fixed
by the colonization laws of Coahuila and Texas in force at the
time they emigrated to this country. And if they emigrated
subsequently to the 2nd day of May, 1835, and previous to the
declaration of Independence, they shall be required to pay the
amount fixed by a law passed by the congress of the state of
Coahuila and Texas on the above date.
^ec. 37. Be it further enacted, That the president of the
republic be, and he is hereby authorized to contract for the
urveyi-ng, and couse to be surveyed, at the expense of this
sgovernment a sufficient quantity of land to satisfy the hold¬
ers of all land scrip that may have been issued and sold by this
government, agreeably to the law in all respects. And the sec¬
retary of the treasury is hereby authorized to pay out of any
money in the treasury not otherwise appropriated, the expenses
which may accrue in completing such surveys: provided, it shall
not exceed three dollars for each English lineal mile actually
run.
Sec. 38. Be it further enacted, That where two or more
locations have heretofore been made on, and titles granted for
75
the same piece of land, or where the boundaries of different ti¬
tled surveys conflict with each other, the party who has his title
or order of survey of subsequent date, may on proper showing
of all the facts, and the certificate of a legal surveyor to the
board of land commissioners of the county in which the land
lies, have his former title cancelled by said board and a new
order issued for his quantum of land or so much thereof as sliall
be affected by the conflicting lines or boundaries mentioned in
this section.
Sec. 39. Be it further enacted, That the several land offi¬
ces contemplated and established by this act, shall commence
and go into operation on the first Thursday in February nests—-
Provided, however, that the operations of the land office in the
county of Red Itiver, shall not extend to any portion of the ter¬
ritory near the supposed boundary line between this and the
United States government * f the north, and provided, also, that
should any person obtain a certificate for land from said board
of land commissioners for the county of Red River, who at fix:
date of the passage of this act shall reside east of the boundary
line hereafter to be run- between Texas and the United S.ates,
said certificate shall be void, and their operations shall be con¬
fined lo the granting and completing of land titles to all those
who by the existing and previous laws have acquired a prefer¬
ence in the first location. Of this class are all citizens who
were residing in Texas on the day of the declaration of Inde¬
pendence, and those volunteer sofdicrs who served a tour of du¬
ty in the army of Texas previous to that time. For this class of
claimants the land office shall be opened and remain six months
in operation, granting and completing titles alone to that class
of claimants. Alter which other legal claimants shall be enti¬
tled to have their land titles completed, as herein provided and
directed. And the several boards of land commissioners shall
be permitted and allowed to commence receiving applications
for lands, and hearing testimony on the first Thursday of Janu¬
ary next, and incase the country shall be invaded to an extent
inducing the president to call out at least one-third of the militia
for its defence, the commissioner of the general land office shall
have power to clo-e the land offices by proclamation, until such
invasion has terminated, and all laws heretofore enacted on the
subject of public lands shall be, and they are hereby repealed.
Sec. 40. 13." it further enacted, That each county in the
republic shall be considered and constitute a section, and that
each county surveyor be required, as soon as pract cable, to
to
make out or procure a map of each county, on which plals of1
all the deeded lands in the said county shall be made, so as to
make a fair showing of the same, for which he shall receive com-'
pensation by special appropriation hereafter to be made for that
purpose.
Sec. 41. Be it further enacted., That audited claims against
the republic of Texas, shall be receivable in payment of public
dues on lands: provided, the benefits of this section shall not
extend to any one individual for a larger quantity of land than
two leagues and tvro labors; and any one ofiering to pay for
lands in audited paper on the government, shall swear that he
has not paid for as much as two leagues and two labors in such
paper before, either by. himself or his agent, which affidavit shall
be filed with the chairman of the board of land commissioners.
Sec. 42. Be it further enacted, That all streams of the
average width of thirty feet shall be considered navigable
streams within the meaning of this act, so far up as they retain
that average width, and that they shall not be crossedf by ih&
line* of a survey. .
JOSEPH ROWE,
Speaker of the house of representatives,
MIR ABE AU B. LAMAR,
President of tfie senate.
Speaker of the house of representatives.
Vetoed by the president^ and passed the house of repre^
sentatives, by a constitutional majority. Dec. 14, 1837.
JOSEPH ROWE,
Vetoed by the president, and passed the senate by aunan->
imous vote. Dec. 14, 1837.
S. H. EVERITT.
President pro tern, of the senate*
AN ACT
To incorporate the Texas Steam Mill Company.
Sec. 1. Be it enacted, by the senate and house of represen¬
tatives of the republic of Texas, in congress assembled, That
E, H. Burritt, Jabez Cornwall, Ezekiel Andrews jr., H. H.
Douglass, Nathaniel H. Andrews, Samuel M. Hart, Nelson Hart,
77
and Edwin Belden, together with their successors and ,assigns'*
be and are hereby constituted a body politic and corporate
under the name and style of "The Texas Steam Mill Compa¬
ny," with power to sue and be sued, plead and be impleaded,
answered and be answered unto, appear and prosecute to final
judgment in any court or elsewhere, to have a common seal, and
the same to alter at pleasure, to elect in such manner as they
shall determine, all necessary officers and to fix their compensa¬
tions, and define their duties, to ordain and establish bye-laws for
the government and regulation of their affairs, and the s' me to
alter and repeal: and to employ all such agents, mechanics and
other laborers as they shall think proper.
Sec. 2. Be it further enacted., That the object of the said com¬
pany shall be to operate by steam power or otherwise in Texas
a saw mill, a grist mill, a planting mill, a lathe and shingle mill,
and any machinery necessary in carrying on such other manu¬
facturing or mechanical business as they shall determine to pro¬
secute: also to prepare materials and erect public and private
buildings, stores and offices upon contract.
Sec. 3. Be it further enacted, That the capital stock of
said company shall be. thirty thousand dollars, actually paid in
with the privilege of increasing the same to, fifty thousand dol¬
lars: Provided, however, that no additional stock shall be creat¬
ed during the first year of the company's op rat ions.
Sec. 4. Be it further enacted, That said company under
their corporate name shall have power to purchase, take, hold,
occupy, and enjoy to them and their successors, all such lands,
tenements and hereditaments, and all such goods, chattel)?,, and ef¬
fects of every kind as shall be necessary for the purposes'of said
company.
Sec. 5. Be it further enacted, That the stock, property,
affairs and business of this company, sha 1 be under the care ofil
and shall be managed by not less than three directors, who shall
be chosen annually by the stockholders, at such times and place
as shall be provided by the bye-laws of said company, and who
shall be stockholders, and shall hold their offices for one year,
and until others shall be chosen in their stead.
Sec. 6, Be it further enacted, That the directors of this
company shall choose one of their numbers to be president,
they shall also choose a secretary and treasurer of said company,
and such other officers as the bye-laws of the company shall pre¬
scribe. They may call in future subscriptions to the capital
stock of said .company by instalments, in such proportions and
7*
n
■at such Times and places as they shall think proper, by giving
sach notice thereof as the bye-laws of said company shall pre¬
scribe, and in case any stockholder shall neglect or refuse pay¬
ment of any such instalments for the space of sixty days after
the same shaji become due and payable, and after he, she or
they shall have been notified thereof, the stock of such negli¬
gent stock bolder, shall by the directors be sold at public auc¬
tion, giving at least thirty day s notice thereof in some newspaper,-,
and the proceeds of such sale shall be first applied, in payment
<af/the-instalment called for, and the expenses attending it, and
.'the balance shalL be refunded to the owner thereof, and such
.sale«hall in all respects entitle the purchaser to all the frights
•of a stockholder to the extent of the shares bo bought.
Sec, *7, Be it further enacted, That a majority of the di¬
rectors of this company, convened according to their bye-laws
shall constitute a quorum for the transaction of business, and a
majority of the stockholders present at any legal meeting, and
at all meetings of such stockholders, each share shall entitle the
holder thereof to one vote.
Sec. 8, Be it further enacted, That the directors of the
said company shall have power to fill any vacancy which may
happen in their board, by death, resignation or otherwise for the
then current year.
Sec. 9. Be it further enacted, That the books containing
tiie accounts of said company shall at all reasonable times be
open for the inspection of any of the stockholders, and as often
as Oftce in each year a statement of the accounts of said compa¬
ny shall be made by order of the directors.
Sec. 10, Be it further enacted, That the stock of this com¬
pany shall be deemed and considered personal property, and be
transferred only on the books of said company, in such form as
the directors of said company shall prescribe, and said company
«halj at all times have a lien upon all the stock or property of the
members of said company invested therein, for all debts due from
them to said company.
Sec 11. Beit further enacted, That this act of incorpora*
tion shall he, and continue in force for the term of ten years
from and after its passage.
' o ~ ' * *—7 .
Speaker of the house of representatives.
JOSEPH HOWE,
S. II. EVERITT,
Approved, Dec. 10
79
AN ACT
^Supplementary to an act to appoint a Board of Medical Cen¬
sors.
Be it enacted, by the senate and house of representatives of
the republic of Texas, in congress assembled, That no person
shall be eligible to election as medical censor, unless he be a
regular graduate of medicine and surgery, and have a diploma
from some college or university duly authorized to grant the
same: and should any person be elected contrary to the intent
and meaning of this act, such election shall be considered null
and void.
JOSEPH ROWE,
Sp eaker of the house of representatives*
S. H. EVERITT,
President pro tern, of the senate.
Approved, Dec. 16, 1837.
SAM. HOUSTON.
AN ACT
To Incorporate the town of Mina.
Be it enacted, by the senate and house of representatives of
of the republic of Texas, in congress assembled, That the citi¬
zens of the town of Mina be, and they are hereby incorporated
and formed into a body politic and corporate, under the name
and Btyle of the corporation of the town of Mina, and shall |iave
the same privileges, and be subject to the same regulations and
restrictions as are conferred'and imposed upon the citizens of
,San Antonio, by an act passed the present session of congress,,
entitled an act to incorporate the city of San Antonio.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
80
AN ACT
To amend the act, entitled an act to raise a Revenue by impost
duties.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
from and after the passage of this act, the following articles may
be imported into this republic free of duty, to wit: Sugar, Cof¬
fee, Tea, Salt, Flour and all kinds of bread stuffs, pickled Pork,
Bacon Iron and steel, household furniture, cotton bagging, bale
rope, books and stationery, machinery of all kinds, wagons, carts
and i tem ess, with necessary farming utensils, and lime and lum¬
ber, and implements brought in by emigrants for their own use.
Sec. 2. Be it further enacted, That from and after the pas¬
sage of this act all dry goods manufactured of cotton, or of
which cotton forms a component part, a dufy of ten percent,
ad valorem shall be levied and collected: all other goods shall
be subject to, and pay the duties laid down in the law passed
12th June. A. D., 1837.
JOSEPH ROWE,
Speaker of the house of representatives,
S. H. EVER1TT,
President pro tern, of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON,
AN ACT
To incorporate the Brazoria Insurance Company.
Sbg. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
the citizens Robert Mills, Edmund Andrews, David Mills, Jas.
F. Perry, Henry Austin, Charles D. Sayre, Samuel Fuller, J.
G. McNiel, Samuel B. Brigham, and their present and future
associates, successors and assigns, be, and they are hereby incor¬
porated and created a body politic and corporate, by the name
and style of "The Brazoria Insurance Company," and by the
81
s<trfte name and style, they and their successors shall be capable
of suing and being sued, and maintaining any action to final
judgment and execution, and shall be in law capable of pur¬
chasing, holding, improving and conveying any estate, real per¬
sonal or mixed for the use of said corporation, and the said cor¬
poration shall have power to ordain, establish and put in execu¬
tion such bye-laws, ordinances and regulations as shall be neces¬
sary for the government thereof, and it shall be lawful for said cor¬
poration after the expiration of the charter thereof, to use the
corporate name, style and capacity for the purpose of suits, for
the final settlement and liquidation of the affairs and accounts
of the corporation, a»d for the sale and disposition of their es¬
tate real, personal or mixed, but not for any other purpose, or
in any other manner whatsoever, nor for a period exceeding
three years after the expiration of the said term of incorpora¬
tion, provided nevertheless that the foregoing section shall not be
construed to authorize the said corporation to purchase or hold
any real estate that may not be requisite and necessary to the
fcbftuucting the legitimate business of an insurance company.
Sec. 2. Be it further enacted, That the capital stock
@f $aid corporation shall be two hundred thousand dollars, divi¬
ded iqto two thousand shares of one hundred dollars each, and
the same shall be created and paid in such manner and at such
times as the president and directois of said corporation shall re¬
quire, of which requisitions the president and directors shall
give at least one months notice in the Telegraph or other public
newspaper, if any there be in Texas, and cause the same to be
notified to the stockholders, and if any stockholder shall after
due notice, neglect or refuse to pay any instalment so required
to be paid, he or she shall cease to be a member of said corpo¬
ration, and the share or shares so forfeited, may be sold by the
iCprporation in such manner as they may think proper.
Sec. 3. Be it further enacted, That for the well ordering
.of the affairs, of the said corporation there shall be nine direc¬
tors, who shall be stockholders of the corporation; they shall be
elected by the stockholders at their annual meeting to be held
on the first Monday of January of each year for that purpose,
and the directors at their first meeting shall choose one of their
own number as president; provided, nevertheless, that until the
first annual election the persons named in the first section of
this act, shall have and may exercise all the powers given to the
president and directors by this act, and in all elections for direc¬
tors the vote shall be by ballot, and each stockholder shall have
§2
one vote, for each share he may hold, bat no stockholder shall
vote at any election unless the share or shares upon which he
may claim to vote shall have been standing in his or her name
on the books of the said corporation for at 1"' i.-t three months
previous to such election. In case of absence from any gener¬
al meeting, any stockholder may he entitled to vote by proxy.
Sec. 4. Be it further enacted, That the directors of said
corporation for the time being, three of whom shad! form a quo¬
rum, shall have power to appoint such oncers, clerks, agents
and other persons as shall he necessary for the conducting and
executing the business of the said corporation, and to allow said
persons so appointed such ..ompensation for their services res¬
pectively as they shall deem reasonable, and generally to exer¬
cise, all other authority and powers for the well ordering and
governing the affairs and funds of the said corporation.
Sec. 5. Be it further enacted, That it shall be lawful for
the said corporation to employ the funds thereof in establishing
and sustaining the business of marine and fire insurance, to in¬
sure against loss or damages by sea, fire, euemics, and all other
risks of loss or damage to which vessels and merchandize, are
liable, vessels, mercbandizo, treasure and freight; insure vessels
in port, buildings, merchandize and all other perishable proper¬
ty on land, against loss or damage by fire, and to charge, col¬
lect and receive for the same such premiums of insurance as
the president and directors of said corporation may deem just?
reasonable and commensurate with the risk. It shall be law¬
ful for said corporation to lend at a rate of interest not ex¬
ceeding ten per centum per annum, any surplus capital which
they at any time possess, which may not bo required for the
payment of losses ascertained to have occurred, to purchase
and sell bills of exchange, to lend money in bottomry and res¬
pondentia security at marine interest, and to do all those things
which an individual citizen may do in conformity with the law.
But it shall not be lawful for said corporation to issue and put
in circulation any promissory notes of the character of bank
bills, or to exercise banking privileges.
Sec. 6. Be it further enacted, That the shares of the said
corporation shall be assignable and transferable according t®
such rules and regulations as the president and directors there¬
of shall for that purpose ordain and establish.
Sec. 7. Be it further enacted, That the president and di¬
rectors of said corporation shall annually or semi-annually di¬
vide to the stockholders thereof so much of the profits of <he
S3
business of the said corporation as in their discretion they shall
deem safe and proper, and of the amounts so declared to be di¬
vided as the profits of the said corporation they shall reserve for
the use of the county of Brazoria, to be applied to the improve¬
ment of the entrance of the mouth of the river Brazos, one per
centum thereon, which shall be paid over to the treasurer of the
county of Brazoria.
Sec 8. Be it further enacted, That the office of the compa¬
ny incorporated by this act, shall be located in the town of Bra¬
zoria, and so soon as the president and directors thereof shall es¬
tablish by evidence to the satisfaction of the justices of the coun¬
ty court for the county of Brazoria, that ten per centum, of the
capital of said corporation has been paid by the stockholders to
the actuary or secretary thereof, and that the balance or residue
of the capital of two hundred thousand dollars has been secured
to be paid when called for in conformity with the provisions con¬
tained in section second of this act, to the satisfaction of the
president and directors thereof, and that the direction of said
corporation has been organized in conformity with the provis¬
ions of section third of this act, the aforesaid justices shall give
to them a certificate thereof, which shall be their warrant to
commence business operations under the authority vested by this
act.
Sec. 9. Be it further enacted, That in case the increase of
navigation and commerce to from, and of the river Brazos shali at
anytime in opinion of the president and directors of the said cor¬
poration require the employment of a greater capital than two
hundred thousand dollars, then and in that case, it shall be law¬
ful for the said president and directors, by and with the consent
of a majority of the stockholders of the said corporation to in¬
crease the capital thereof, in such manner as they may
deem expedient, to such amount as they may deem requisite,
not exceeding the sum of five thousand dollars, on their
paying into the treasury of the county of Brazoria a bonus
of five thousand dollars, which bonus of five thousand dollars,
shall together with all sums which may accrue from the one per
centum on the dividends of profits of said company, appropriated
by article seventh of this act, to that object, be expended under
the direction of a commissioner or contractor, to be appointed
by the president and directors of said corporation, by and with
the consent of the justices of the county court for the county of
Brazoria, in facilitating the entrance of the mouth of the river
Brazos by vessels, and in removing obstructions therefrom*
84
Sec. 10. Be it further enacted, That the charier granted
by this act shall continue in full force and effect for the full term
of thirty years, from and after the passage of this act, irrevoca¬
ble, but for account of misdemeanor, malfeasance or breach of
law.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
AN ACT
To define the boundaries of the county of Liberty.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
the territory included in the following limits shall constitute and
compose, the county of Liberty : Beginning on the Gulf^of
Mexico at the southwestern corner of the county of Jefferson,
thence north along the western boundary line of said county to
the Big Sandy creek, (thence down said creek with said county
line, to its entrance into the Neches river,) thence up said river
to the southeastern corner of the county of Houston, thenee
south of west along the southern boundary line of said county
to the Trinity river, thence across the river in the same direc¬
tion to a point nine miles distant, thence in a direct line to
to the head of Cedar Bayou, thence down said Bayou to its en¬
trance into the Gulf of Mexico, thence along said Gulf with all
its meanderings, including the Trinity Bay to the place of be¬
ginning.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
85
AN ACT
Supplementary to an act entitled an act to organise the Militia
of this Republic.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas in congress assembled, That
the militia of this republic constitute one division, to be com¬
manded by a major general, elected by joint vote of both houses
of congress. He shall in time of peace have three aids-de¬
camp, with the rank of major of cavalry, either of whom when
on duty shall have the emoluments of the corresponding rank
in the regular army.
Sec. 2. Be it further enacted, That the militia of Texas
shall be divided into four brigades, each to be commanded by a
brigadier general, to be elected in the same manner as the ma¬
jor general; and when a vacancy shall hereafter occur, he shall
be elected by the officers of his brigade. All that portion of
the country west of the Brazos river shall constitute one bri¬
gade; all between the Brazos and Trinity rivers shall constitute
one brigade: all between Trinity and Sabine rivers shall con¬
stitute one brigade; and all north of the Sabine and of Rpd riv¬
er one brigade.
Sec. 3. Be it further enacted, That each brigadier gener¬
al shall be entitled to one aid-de-camp with the rank of captain
of cavalry, whose pay and emoluments shall be that of corres¬
ponding rank in the regular army, when he is in actual service.
Sec. 4. Be it further enacted, That all adjutants created
under this law, shall have the same pay and emoluments, when
in actual service, as officers of corresponding rank in the regu¬
lar army of the republic, and shall be liable to like penalties of
misdemeanors or unofficerlike conduct.
Sec. 5. Be it further enacted, That the adjutant general
shall be elected by joint vote of both houses of congress, shall
have the rank and pay of colonel of cavalry, shall keep his office
at the seat of government, shall hold his office for two years,
and be re-eligible, by appointment of major general, subject tp
confirmation by congress.
Sec. 6. Be it further enacted, That so soon as the militia shall
have been organized in the respective regiments, it shall be the
duty of the colonel thereof, by his adjutant, to visit the respec¬
tive company beats, and cause, by lots, the pri*~* s of beats
8
86
to be enrolled in class number one, two and three, which classes
shall be liable, in the order in which they stand, to be called in¬
to actual service by the president, to serve for any period of
time not less than three months, nor longer than six; each class
when calle 1 into actual service to be commanded respectively
by the captain and first and second lieutenants; and no class
shall serve twice until all the others shall have been called out.
Sec. 7. Be it further enacted. That it shall he the duty of
the captain and his officers, at each county muster, and in the
presence of his company, to cause the names of the newly en¬
rolled members thereof to be drawn, by lot, into the respective
classes; which drawing and public registering shall be as bind¬
ing as if done by the adjutant under the provisions of the sixth
section of this act.
Sec. 8. Be it further enacted, That all laws, or parts of
laws, conflicting with the provisions of tnis supplement, and now
in force, are hereby repealed.
Vetoed by the president, and passed the house of repre¬
sentatives, by a constitutional majority. Dec. 18, 1837.
JOSEPH ROWE,
Speaker of the house of representatives.
Vetoed by the president, and passed the senate by a unan¬
imous vote. Dec. 14, 1837.
S. H. EVERITT.
President pro tem. of the senate.
AN ACT
To encourage Steam Navigation.
Whereas, it is conceived that the best interest of the cou»-
try may be advanced by the encouragement of the navigation of
the Gulf of Mexico by steam packets, and as the tonage duties
which are now established by law, are calculated to impede the
advancement of this desirable object, inasmuch as the emigrant
is compelled to pay a very high price for passage, thereby pre¬
venting many from visiting the country who would otherwise
feel inclined to do so, therefore,
87
Sec. 1. Be it enacted, by the senate and house of represen
fcatives of the republic of Texas, in congress assembled, That
each and every steam packet which may arrive from any for¬
eign port at any port in Texas, be and they are hereby exempt¬
ed from the payment of any tonage duties; Provided, such packet
shall be bound at each trip to transport when required govern¬
ment stores or other publicproper'ty free of any charge therefor,
and provided further, that at no one trip shall they be required to
transport more than two hundred barrels in bulk, and provided
that the benefits of this act shall extend to no steam packet or
vessel which shall not be entered upon her first trip to this coun¬
try as a regular packet between the ports of Texas and some
foreign port or ports.
Sec. 2. Be it further enacted, That this act shall continue
in force until repealed.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
AN ACT
To amend the several laws regulating the Post Office Depart¬
ment.
Sec. 1. Beitenacte!, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
section the ninth, of an act ''creating a General Post Office,
<fcc.," passed December the twentieth, eighteen hundred and
thirty-six, be repealed from and after the passage of this act.
Sec. 2. Be further enacted, by the authority aforesaid, That
the following rates of postage shall be charged on all letters and
packets, except such as are herein exempted, conveyed by the
mails and posts of Texas, namely: For every letter composing
a single sheet of paper, and conveyed any distance not exceed¬
ing forty miles, twelve and a half cents; over forty and not ex¬
ceeding one hundred miles, twenty-five cents; over one hundred
miles and not exceeding one hundred and fifty miles, thirty-sev¬
en and a half cents; over one hundred and fifty miles, fifty
88'
cents : upon all ship letters, six and a quarter cents shall be*
charged in addition to the above rates; and for every package
composed of four or more pieces of paper or thing, and weigh-
. ngone ounce, quadruple those rates, and in that proportion for
1all greater weights: newspapers^carried not over one hundred
miles, one cent each; over one hundred miles, two cents: pam¬
phlets, carried not over one hundred miles, per sheet one and a
half cents; over one hundred miles, two and a half cents. All
letters, newspapers, and pamphlets, going out of Texas, it shall
be the duty of the post master to require the postage in ad¬
vance.
Sec. 3. Be it further enacted, That it shall be lawful for
the post master general to impose such fines and forfeitures up¬
on the mail contractors for all failures they make in not regular¬
ly and faithfully compyling with the terms of their contract, as
in his opinion may be just and proper. Provided, that no fine
for a failure in delivering any mail shall exceed the pay of one
trip*
Sec. 4. Be it further enn-'^ be the duty q£
'every ferryman, or keeper of a ferry on any water course, to
pass over free of charge the driver or carrier of the mail and
any horse or carriage carrying the same.
Sec. 5. Be it further enacted, That the sum of twenty
thousand dollars is hereby appropriated for the purpose of facili¬
tating the transportation of the mails, to be paid out of any mo-
•ney not otherwise appropriated.
JOSEPH ROWE,
Speaker of the house of representative*.
S. H. EVERITT,
President pro tem. of the s^naja.
Approved, Dec. 18, 1837.
SAM. HOUSTON*
AN ACT
Relating to the pay and allowances of the officers and soldiers
of the Army.
Sec. 1. Beiit enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
from and after the passage of this act, no officer attached to the
army shall be entitled to pay or allowance who is not in actual...
89
command, in camp or garrison, under the orders of the secreta¬
ry of war.
Sec. 2. Be it further enacted, That from and after the pas¬
sage of this act, no non-commissioned officer or private shall be
entitled to any pay or allowance, unless in actual service in
camp or garrison.
JOSEPH ROWE,
Speaker of the house of representative#.
S. H.'EVERITT,
President pro tern, of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
JOINT RESOLUITON,
Requiring the Auditor to settle with Mr. Thomas Brennan.
Resolved by the senate and house of representatives of the
republic of Texas in congress assembled, That the auditor be
required to audit and settle with Mr. Thomas Brennan, purser
of the schooner Independence, the claims of the officers and crew
of that vessel.
JOSEPH ROWE,
Speaker of the house of representative-,
S. H. E VERITT,
President pro tern, of the senata.
Approved, Dec. 18,1837.
SAM. HOUSTON.
AN ACT
To define the boundaries of the county of Red River.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas in Congress assembled, That
after the passage of this act Red River county shall be bounded
as follows, viz: Beginning at the mouth of the Bpis d'Arc, run¬
ning up that stream to Carter Cliffs, crossing thence south to a
8*
90
point west of the head of Bid Cypress, east to its head, and down
that to Sodo Lake, thence east to the line of the United States,
with that line to Red river, up that to the beginning.
Sec. 2. And be it further enacted, That the first courts of
said county shall be held at La Grange on the second Monday in
January, one thousand eight hundred and thirty-eight, at which
time and place the chief justices of said county, shall appoint two
commissioners from the upper end, two commissioners from the
lower end, and one commissioner from the centre of said county,
whose duty it shall be after being duly sworn, to locate the tem¬
porary seat of justice for said county, and make report thereof
to said chief justice within fifteen days after they shall have
been so appointed, and it shall be the duty of said chief justice
to hold an election for all the officers of said county in conform¬
ity with the laws in such cases made and provided.
JOSEPH ROWE,
Speaker of the house of representatives,
s. H. EVERITT,
President pro tem. of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON,
JOINT RESOLUTION
Altering the name of the county and town of Mina.
Resohed, by the senate and house of representatives of the
republic of Texas in congress assembled, That the name of the
county and town of Miua be changed and altered to that ©f Bas¬
trop, ar.d shall be after the passage of this resolution known and
called the county of Bastrop, and town of Bastrop.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EYERITT,
President pro tem. of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
91
JOINT RESOLUTION
Relative to Consulates,
Be it resolved, by the senate and house of representatives of
the republic of Texas, in congress assembled, That the consu¬
lar system of the United States of America, be, and is hereby
adopted for the government of the consular agents of this re¬
public, so far as its provisions may be suitable to the condition
of Texas.
Sec. V. Be it further resolved, That it shall be the duty
of the secretary of state from time to time to furnish said consuls
with such instruction as may become necessary, for the proper
regulation of the commercial intercourse between this and for¬
eign countries.
Sec. 3. Be it further resolved, That no consul of this re¬
public shall be allowed to charge any fees for passports or certi¬
ficates of characters or intentions.
JOSEPH ROWE,
Speaker of the house of representatives.
S. II- EVERITT,
President pro tern, of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
AN ACT
To define the boundaries of the county of Mina.
Be it enacted, by the senate and house of . representatives of
the republic of Texas, in congress assembled, That all the
territory included in the following boundary shall com¬
pose the county of Mina, to wit: Beginning at the north east
corner of the proposed new county of Fayette, thence west
with said county line, passing its north west corner to Austin's
colony line, thence with the same to the corner of Milam's Col¬
ony, thence north to its north west corner, thence east to the
Colorado, crossing the same and running the same direction, to
the dividing ridge between the Brazos and Colorado rivers, to
92
the line between Austin's little colony, and Robertson's colony,
thence south with said line to the place of beginning: the same
shall be, and is hereby declared the boundaries of said county.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of M. A. Beremendi.
Resolved, by the senate and house of representatives of the
republic of Texas in congress assembled, That Marcus A. Ber¬
emendi, a native of Texas, a minor, of about twenty-years of
age, be, and he is hereby authorized and empowered with the
consent of his guardian to take possession of his patrimonial
estate, and his acts in all respects shall be as legal and valid as
though he were of lawful age; Provided, that the passage of
this resolution shall not operate to make or cause a confirmation
of his titles.
JOSEPH ROWE,
Speaker of the house of representative!.
S. H. EYERITT,
President pro tern, of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
AN ACT
To provide for the publication of the Laws and Journals of the
republic of Texas.
Sec. 1. be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
there be and is hereby appropriated the sum of six thousand
93
dollars of the promissory notes of this government to be expend*
ed in procuring the publication of the laws and congresional
journals oftne republic of Texas.
Sec. 2. Be it further enacted, That the secretary of
state be and he is hereby required to contract immediately for
the printing in pamphlet form two thousand copies of the acts
and five hundred copies of the journals of the first and second
congress that have not yet been printed and published for pub¬
lic distribution; and it shall be his duty so soon as the said laws
and journals shall be printed to transmit by mail a copy of
said laws and journals to each of the chief justices, members of
congress, magistrates, clerks, sheriffs, coroners and constables of
the several counties of this republic.
Sec. 3. Be it further enacted, That the secretary of state
shall require the contractors to give security for the faithful per¬
formance of their contracts and that the second auditor, be,
and he is hereby required to audit any drafts of the secretary
of state for the purposes contemplated by this act; Provided, the
whgje ^mount shall net exceed sjx thousand dollars.
Sec. 4. Be it further enacted, That all other laws author¬
ising the printing of the acts and journals of congress, be, and
^e saipe is hereby repealed.
JOSEPH ROWE,
Speaker ot the house of representatives.
MIRAREAU B. LAMAR,
President of the senate,
^proved, Dec. 18, 1837.
SAM. HOUSTON.
AN ACT
Making provisions for persons who have been permanently dis^
abled in the service of Texas.
Sec. 1. Be it enacted, by the seriate andi house of re pre"
acntatives of the republic of Texas, in congress assembled. That
Thomas William Ward, James C. Neiff, James Bebfens, John*
Thorns, Washington Somers. and all others who hure been' per^
manently disabled by loss of eye, arm or limb, or such other
dily injury as by certificate of the board of land commissioner®
94
Shews his incapacity for bodily labor, by wounds received its
the service of Texas$ be, and they are hereby declared to be
entitled to one league of land each, as a testimony of the grati¬
tude of this republic.
Sec. 2. And be it further enacted, That the lands hereby
granted shall be included within that class of claimants to whom
six months preference has been given.
JOSEPH ROWE,
Speaker of the house of representatives.
S. II. EVE ill TT,
President pro tern, of the senate.
Approved, Dec. 18$ 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of Dugald Brown.
Resolved by the senate and house of representatives of the
republic of Texas, in congress assembled, That the auditor be,
and he is hereby directed to audit the claims of Dugald Brown,
for the sum of seven hundred and seventy dollars.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
AN ACT
Amending the Judiciary Laws of the Republic.
Sec. 1. Be it enacted by the senate and house of represen¬
tatives ot the republic of Texas, in congress assembled, That
in all cases of appeal to the supreme court the trial shall be, on
the facts as agreed in or certified by the judge of the court be¬
low, and if the facts should not be stated in a manner sufficient
95
1y full and clear to enable the.supreme court to give its judgment*
then and in that gase the said court shall remand the sa d cause
to the proper court in order that the facts may be full/ and clear¬
ly established and set forth, and in alJ^cases of appeal, either from
the county court to the district courts, ur from the district courts
to the supreme court, the party appealing shall have the right
to file the bonds required with the clerk of the court, to be ap¬
proved by said oleri< at any time within six days after the close
of the terms. Provided, notice of the appeal be filed in court
during the continuance of the terms.—See sec. 9, sup. ct. act.,
and sec. 15 dis. ct. act.)
Sec. 2. Be it further.enacted, That in addition to the pow¬
ers given to the district courts by the act establishing the p^.vers
and jurisdiction thereof, approved December twenty-second^ one
thousand eight hundred and thirty-six, the said district courts
shall have power to hear and determine all suits or actions aris¬
ing between husband and wife for divorce or for a separate
maintenance, and may decree divorces as well from the bonds
of matrimony as from bed and board, or for a separate mainten¬
ance.—See 4th dist. ct.)
Sec. 3. Be it further enacted, That a new trial shall be
granted in any case known to the laws of this republic for good
cause shown; but no more than one new trial shall be granted to
either party in the same cause.-—(See sec. 19, diet. ct. act.)
Sec. 4. Be it further enacted, That no amendment shall
he permitted in any pleading or other proceedings in any cause
after issue joined, except^ upon such conditions as the court shall
in its discretion determine.—(See sec. 20, dis. ct. act.)
Sec. 5. Be it further enacted, That at the first session of
any district court, and ever afterwards the grand and petit ju¬
rors shall be drawn in open court.—(See sec. 31, dist. ct.
act.)
Sec. 6. Be it further enacted, That the forty-sixth section
of the act establishing the powers and jurisdiction of the district
courts be, and the same is hereby repealed.
Sec. 7. Be if further enabled, That nothing contained in
the several acts establishing courts of justice, sha 1 be so con¬
strued as to take away the right of either party, to an action to
propose interrogates, to his adversary, to be answered on
oath according to the laws heretofore existing.—(See sec. 41,
act established 9th July last.)
Sec. 8. Be it further enacted, That the proviso in the twen¬
ty-second section of the act punishing crimes and misdemean-
96
ors, approved December 21st, 1836, be, and the same is hereby
repealed.
Sec. 9. Be it further enacted, That in all criminal trials
where the party accused shall not be convicted, or being con¬
victed, shall not be able to pay the costs of prosecution the said
costs shall be paid by the republic, and the certificates of the
judges to a bill of such costs, shall be a sufficient voucher for the
auditor to audit and allow the same; the provisions of this sec¬
tion, shall extend to all such cases as have heretofore occurred.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
AN ACT
To provide for taking Testimony by Interrogatories.
Sec. I. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
in all cases either in the district or county courts where a wit¬
ness resides without the county where such suit may be pending,
it shall and may be lawful for either party to file his or her in¬
terrogatories for such witness in the clerk's office where the suit
may be pending, and serve the opposite, or his or her counsel of
record with a true copy of such interrogatories, together with a
notice, that application will be made to the clerk of said court
for a commission to examine such witness, and it shall and may
jbe lawftil for the opposite party, or his or her attorney to file
cross interrogatories to such witness.
Sec. 2. Be it further enacted, That at the expiration of
five days from the service of such notice, with a copy of said inr
terrogatories it shall be the duty of the clerk to issue a commis¬
sion directed to two or more persons, directing them to cause
the witness to come before them, and the answers to said inter¬
rogatories and cross interrogatories shall be plainly and dis¬
tinctly written, sworn to and subscribed by the witness and also
subscribed by the commissioners, who shall envelope the same,
97
directed to the clerk of the court from whence they issued,
and the said commissioners shallseal the said packet and write
their names as commissioners across the seals, which said pack¬
et may be sent by mail or by private hand; if sent by mail
the post master shall endorse on the back thereof: Received
from A. B., one of the commissioners, and if sent by hand the
party delivering them into court, or to the clerk in vacation,
shall make affidavit that he received the said packet from one
of the commissioners, that the same has been in his possession
ever since and has underwent no alteration, whi' h package shall
not be opened unless by leave of the court.
Sec. 3. Be it further enacted, That interrogatories thus
taken and returned to the court, shall be read in evidence in
all civil cases, and shall be as legal as if the witness was per¬
sonally present and examined in open court, any law to the con¬
trary notwithstanding.
Sec. 4. Be it further enacted, That the provisions of this
act shall extend to justices courts, and all other tribunals estab¬
lished by law.
Sec. 5. Be it further enactedThat in all cases it shall be
lawful to take the testimony of females in civil cases, in the
same manner as herein prescribed, whether they be residents in
the county or not,
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Deep 18, 1837.
SAM. HOUSTON.
AN ACT
To authorize the Post Master General to establish a Post
Route.
Be it resolved, by the senate and house of representatives
of the republic of Texas in congress assembled, That the post
master general of. this republic, be and he is hereby authorized
and required, as soon as practicable to establish a mail route from
Nacogdoches, by way the bf Epperson's Ferry, oh the Sulphur
fork, to the seat of justice in Red River county, Jonesborough,
9
98
o the seat of justice in Fannin county, and that the mail car-
iers along said route be required to perform one trip in two
veeks, and that the post master be authorized to establish such
>ost offices on said route, as he may deem neces«ar}- and proper.
JOSEPH HOWE,
Speaker of the house of representatives.
S. II. EVERITT.
President pro tern, of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
JOINT RESOLUTION,
For the relief of Maria Antonio de La Garza.
Resolved, by the senate and house or representatives of the
republic of Texas, in congress assembled, That the first auditor
is hereby authorized to audit the claim ol Maria Antonio deLa
Garza, for cattle, as per certificates of Sylvanus Hatch, John J.
Linn, and general T. J. Rusk, for sixty head of cattle, at ten
dollars per head, six hundred dollars in military scrip.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of James Collinsworth.
Resolved, by the senate and house of representatives of the
republic of Texas, in congress assembled, That the treasurer
be, and is hereby authorized to pay to James Collinsworth three
thousand dollars, or so much as may remain due him, of that
99
amount, being for his services as commissioner to the United
States, that being the salary established by a law of the colsul-
tation passed at San Felipe on the 8th Dec. A. D. 1835.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVER ITT,
President pro tem. of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of C. C. Dewitt.
Be it resolved, By the senate and house of representatives
of the republic of Texas, in congress assembled, That the au¬
ditor is hereby authorized to audit the claims of Chistopher C.
Dewitt, for services rendered by him in the fall campaign, as
per documents referred to the committee on claims and accounts,
being for eighty seven dollars.
JOSEPH ROWE,
Speaker of the house of representatives.
MIR ABE AC B. LAMAR.
President of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
To translate the laws of the republic into the Castilian Lvh.
guage.
Be it resolved, by the senate and house of representatives of the
republic of Texas, in congress assembled, That injustice to that
numerous portion o l our fellow citizens who understand only the
Spanish language, and who are consequently wholly ignorant
of the most important laws to which their obedience is required,
100
the secretary of state shall he authorized to contract with some
person properly qualified for the translation and compilation of
such general and penal enactments as have been made by the
former and present congress, that a sufficient number of copies
of the same shall be printed and distributed in those counties
where the population alluded to may reside, and that in future
all general enactments shall as soon as practicable be transla
ted into Castilian, and transmitted to the chief justices and jus¬
tices of the peace of said caunties, who shall give all due publi¬
city to said laws; provided, the expense shall not exceed three
hundred dollars annually*
JOSEPH HOWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Por the relief of Widow Kitty McCoy.-
Be it resolved, by the senate and house of representatives
of the republic of Texas, in congress assembled, That the first
auditor is authorized to audit the claim of widow Kitty McCoy
as per vouchers of Byrd Lockhart and colonel William H. Pat-
ton for beef and corn, valued at three hundred and seventy-eight
dollars in military scrip.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
101
JOINT RESOLUTION
For the relief of colonel John Forbes.
Resolved by the senate and house of representatives of the
' republic of Texas in congress assembled, That the first auditor
is hereby authorized to audit the claim of colonel John Forbes,
as per pay certificate of George W. Poe, paymaster, and ap¬
proved by the honorable secretary of war, for two thousand and
sixty eight dollars and fifty-two cents in military scrip.
JOSEPH ROWE,
Speaker of the house of representatives.
MIR ABE AU B. LAMAR,
President of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Authorizing F. R. Lubbock to procure cisterns for the use of
the Capitol.
Resolved, by the senate and house of representatives of the
republic of Texas, in congress assembled, That F. R. Lubbock
is hereby authorized to contract for and cause to be erected at
the state house in the town of Houston, a sufficient quantity of
cisterns to contain ten thousand gallons of water, and the secre¬
tary of the treasury is authorized to pay tosaid Lubbock in prom¬
issory notes of the government an amount necessary for that
purpose, provided such amount shall not exceed five hundred
dollars.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
Q*
m
JOINT RESOLUTION
For the relief of Francis W. Thornton.
Be it resolved, by the senate and house of representatives
of the republic of Texas in congress assembled, That the first
auditor be, and he is hereby authorized and required to audit
the claims of Francis W. Thornton, to the amount of two hun¬
dred and three dollars, and give him military scrip for the same.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 18,1837,
SAM. HOUSTON.
AN ACT
To authorize attachments to be issued in certain cases therein
named.
Whereas many Mexicans residing upon our frontier stole
and drove off large herds of cattle, and took and carried off
olhor property belonging to citizens of this republic, and where¬
as those Mexicans have abandoned the country, and removed
beyond the Rio Grande, so that persons from whom they have
taken property are wholly without remedy:
Sec. 1. Be it therefore enact°d:) by the senate and house of
representatives of the republic of Texas in congress assembled,
That in all cases it shall he lawful for any person, from whom
property was wrongfully taken, to sue out an attachment upon
filing an affidavit, stating to the best of his or her belief the val¬
ue of such property, and that to the best of his or her belief the
same was taken by the person against whom such attachment
is prayed, and that the said party resides out of the jurisdiction
of the cou-1, so that an action cannot be prosecuted against them;
which said attachment may be levied by the sheriff of the pro¬
per county, upon the property, both real and personal of the
defendant.
103
Sec. 2. Be it further enacted*, That upon the return of
such attachment, the court shall proceed to the trial of such
cause and judgment and execution as in other cases provided for
by law.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
AN ACT
Declaring certain children Legitimate, therein named.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
Elijah Sterling Black Robertson, son of Sterling C. Robertson
and Fanny King, and James Maclin Robertson, son of Sterling
C. Robertson and Rachael Smith, be, and are hereby declared
legitimate children, and capable in law of inheriting their pa¬
rents' property, in the same manner as if they had been born
in lawful" wedlock.-
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EYERITT,
President pro tem. of the senate.
Approved, Deo. 18, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
i
For appointing two legal gentlemen to compile a Judicial Code
of Laws for the republic of Texas.
Be it resolved, by the senate and house of representatives
of the republic of Texas, in congress assembled, That William
H. Jack and D. S. Kaufman, be, and they are hereby appoin-
104
led compilers of the laws of the republic, whose duty it shall be
to compile and report to congress at its next regular session a
general systematic code of laws, for the future regulation and
administration of justice in this republic, and that said compilers
shall receive as a compensation for said services such sum as con¬
gress shall hereafter determine and allow upon the completion
of the work.
JOSEPH HOWE,
Speaker of the house of representatives.
S. ID EVERETT,
President pro tern, of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
AN ACT
To authorize the judges of the district courts to hold Special
Terms in certain cases therein named.
Be it enacted, by the senate and house of representatives of
the republic of Texas in congress assembled, That upon appli¬
cation made to any judge, of the district courts, he shall be and
he is hereby authorized to hold a special term of the district
court for the trial of any criminal, under the same rules and
regulations as are provided for by the judiciary laws.
Sec. 2. Be it farther enacted, That any district judge of
the republic be and he is hereby authorized and required to pre¬
side at such trial, upon information being given: provided, that
this law shall not extend to any county wherein there may be
a jail built by the county for the safe keeping of criminals.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 18, 1837.
§AM. HOUSTON.
105
JOINT RESOLUTION
Directing the auditor to respect the acts of G. W. Foe*
Sec. 1. Resolved, bj the senate and house, of representa¬
tives of the republic of Texas in congress assembled, That the
auditor be and is hereby instructed to acknowledge all the offi¬
cial acts ofG. W. Poe, while acting in the capacity of paymaster
general of the army, as well as of all other properly and legally
appointed officers of this republic, except the issuing of land
warrants.
JOSEPH ROWE,
Speaker of the house of representatives.
. S. H. EVER ITT,
President pro tern, of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON,
JOINT RESOLUTION
For the relief of D. F. Weymouth.
Resolved, by the senate and house of representatives of the
republic of Texas, in congress assembled, That the auditor of
public accounts, is hereby required to audit the claims of colo¬
nel D. F. Weymouth, for three thousand eight hundred and
eighty-six thirty-eight one hundredths dollars: provided, that the
said Weymouth deposites in the office of the auditor a full
statement of his claim against the government, and that he give
bond with such security as may be satisfactory to the auditor of
public accounts, as he the auditor may require, that the claims
herein provided for in this bill, shall not come against the gov¬
ernment again.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVER1TT,
President pro tern, of the senate.
Approved, Dec. 18, 1837,
SAM. HOUSTON.
106
AN ACT
Authorizing persons to dispose of property by Will.
Sec. 1. Be it cnailed by the senate and bouse of repre^
sentatives of the republic of Texas, in congress assembled, That
legitimate descendants alone shall hereafter be considered for¬
ced heirs, and all persons having no legitimate descendants, are
hereby authorized to dispose by will or otherwise of their estate:
any law heretofore existing to the contrary notwithstanding.
Sec. 2. Be it further enacted, That in case any husband
or -wife shall die intestate, and leaving no heirs, the survivor
shall be the heir and shall inherit the estate of the deceased spouse.
JOSEPH PvOWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Dec. 18,1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of the Family of Erastus Smith.
Besolved, by the senate and house of representatives of
■the republic of Texas, in congress assembled, That the sum of
five hundred dollars per annum, is hereby appropriated for the
purpose of being paid by the president,to the widow and fam¬
ily of Deaf Smith, until the said widow marries, or the courts
of the country have confirmed their title to land and town lot
heretofore granted by congress to said Erastus Smith, and the
president is hereby authorized to draw upon the treasury for the
above appropriation.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
10?
AN ACT
To create a Justice of the Peace, and Constable for Galveston
Island.
Be it enacted, by the senate and house of representatives
of the republic of TeXas in Congress assembled, That there
shall be one justice of the peace and one constable elected for
the Island of Galveston, whose duties shall be such as are pre¬
scribed by law for the regulation of all such officers in such ca¬
ses made and provided.
Sec. 2. Bc it further enacted, 4"e., That the chief justice
for the county of Harris burg be required to proceed and cause
an election to be held immediately after the passage of this act,
on the Island of Galveston, to elect one justice of the peace
and one constable.
JOSEPH HOWE,
Speaker of the house of representatives'.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec IS, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of John J. Linn.
Sec. I. Be it enacted, by the senate and house of repre¬
sentatives of the republic ofTexao, in congress assembled, That
the second auditor is hereby authorized to audit the claims of
John J. Linn, for fourteen hundred and sixty-six dollars and
two cents, upon his filing sufficient vouchers with the second au¬
ditor.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Dec. 18, 1837.
SAM. HOUSTON.
108
AN ACT
Granting lands to those who were in the battle of San Jacjmto
and other battles.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
all persons who were actually engaged in the battle of San Ja¬
cinto on the twenty-first day of April, eighteen hundred .and
thirty-six, and all persons who were wounded on the twentieth
of the same month, so as to prevent them from participating in
the battle on the twenty-first day of April, eighteen hundred
and thirty-six, and all persons who were detailed by special or¬
der of the commanding general to guard the baggage at the
camp near Harrisburg, be, and they are hereby eutitled to six
hundred and forty acres of bounty land, on the following condi¬
tions, to wit: That each soldier claiming land under the pro¬
visions of this act, shall produce a certificate to the secretary of
war, signed bv the commandant of the company to which said
soldier belonged, and countersigned by at least one field officer,
accompanied by an affidavit by the person claiming land under
the provisions of this act, that his claim is just, true and original,
and that he has never presented a claim of a like nature for li¬
quidation.
Seg. 2. And be it further enacted, That the secretary of
war be authorized and required to issue a land warrant for six
hundred and forty acres of bounty land to all persons presenting
a certificate as is required in section first of this act.
Sec. 3. ^nd be it further enacted, That the bounty war¬
rants and also the patents issued thereon shall state on the face
thereof for what said warrant or patent was granted.
Sec. 4. And be it further enacted, That the lands granted
by this acn shall not be subject to sale or alienation, mortgage or
execution during the life time of the person to whom such war¬
rant or patent shall be granted.
Sec. 5. And be it further enacted, That all commissioned
officers coming under the provisions of this act, by producing
a certificate signed by at least one superior officer, accompanied
by an affidavit as is required in first section of this act, shall be
entitled to the benefits of this law, on the same conditions as is
required in the fourth section of this act.
Sec. 6. And be it further enacted, That all persons who
109
'entered Bexar from the morning of the fifth to the tenth of De¬
cember, one thousand eight hundred and thirty-five, and who
actually took part in the reduction of the same, also those who
were in the' action of the nineteenth of March, one thousand
eight hundred and thirty-six, under the commands of Colonels
Fannin and W^ard, also all those who fell at the Alamo under
the command of Bowie and Travis, shall be entitled to the same
quantum of land as specified in this bill, given to those engaged
in the battle of San Jacinto, subject to the same rules, regula¬
tions and restrictions, and entitled to all its benefits: Provided,
always, that any person who may have participated in both bat¬
tles, shall only receive as a donation, one tract or parcel of land
of siCJfe^dred and forty acres and nomore.
►Sec. v7. And be it further enacted, That the legal repre¬
sentatives of those who fell in the storming of Bexar be entitled
to select and perfect titles for their benefit by themselves or
agent, to six hundred and forty acres.
JOSEPH ROWE,
Speaker of the house of representative:,
S. H. EVERITT,
President pro tern, of the senate.
Approved, Dec. 21, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of John A. Wharton.
Be it Resolved, by the senate and house of representatives
of the republic of Texas, in congress assembled, That the audi¬
tor be instructed to pay to John A. Wharton, or his respresenta-
tives five hundred dollars, in the promissory notes of this gov¬
ernment, for services and expenses incurred by him in going to
and from Matamoras.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Dec. 2i, 1837.
SAM. HOUSTON.
10
110
AN ACT
To define the boundaries of the county of Jefferson.
Be it enacted, by the senate and house of representatives
of the republic of Texas, in congress assembled, That all that
territory included in the following limits shall constitute and
compose the county of Jefferson, to wit: Beginning on the Gulf
of Mexico, from which a line drawn due north, shall strike Wolf
Point,thence north to Big Sandy creek, thence down said creek
to its entrance into the Neches river, thence due east to the
Sabine river, thence down said river to the Gulf of Mexico,
thence west along the Gulf of Mexico to the place of beginning.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 21, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of Samuel Williams.
Be it enacted, by the senate and house of representatives of
the republic of Texas in congress assembled, That the auditor of
public accounts, be, and is hereby 4 directed to audit the ac¬
counts of Samuel Williams to the amount of five thousand two
hpndred and forty-eight dollars and twenty-eight cents, that
being the amount of his claims, (that the committee to whom
was referred his accounts and vouchers,) that it is considered
to come under the class of accounts that should now be paid.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Dec. 21, 1837.
SAM. HOUSTON.
Ill
AN ACT
To authorize the Clerks of the several courts to appoint deputies
and requiring them to keep their offices at the county seat.
Sec. 1. Be it enacted, by the senate iand house of represen¬
tatives of the republic of Texas, in congress assembled, That
the clerks ©f the several county and district courts of this re¬
public be authorized to appoint a deputy, to whom they shall
administer an oath, faithfully to discharge the duties of their
office, and they shall in all cases be responsible for the conduct
of their deputies.
Sec. 2. Be it further enacted, That hereafter the clerks
of the county and district courts of this republic) be, and they
are hereby compelled to keep all papers pertaining to their of¬
fices at the county seats of each and every county, and be ready
either by deputy or in person to attend to the business of their
office from ten o'clock A. M. to four o'clock P. M.
Sec. 3. Be it further enacted, That any clerk or clerks
who shall fail within thirty days hereafter to keep their office
at the place in the manner as specified in the foregoing section,
shall forfeit and pay to the republic twenty dollars for eaeh day
they shall so neglect the provisions of said section, to be sued for
and recovered before any justice of the peace of the proper
county, at the instance of any person interested.
JOSEPH ROWE,
Speaker of the house of representatives.
M1RABEAU B. LAMAR,
President of the senate.
Approved, Dec. 21, 1837.
SAM. HOUSTON.
AN ACT
Supplementary to an act to incorporate the Colorado Navige-
tion Company.
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas in congress assembled, That
when said chartered company have completed their work as
112
5>rtemplate#, by their charter, shall before assessing or receiv-
ng tolls, announce the completion of their work to congress
and congress shall then immediately proceed to appoint three
commissioners to examine the work, and also proceed to ascer¬
tain the amount of expense necessarily incurred, and said com¬
missioners shall allew of no account for expenditures unless the
necessary vouchers are produced.
Sec. 2. Be. it further enacted, That when the commission¬
ers have reported, congress shall determine whether or not it
will purchase or annul said charter in accordance with its pro¬
visions, by paying the principal expended with .ten per cent,
interest thereon; Provided, said determination not to pur¬
chase, or annul on the part of congress shall not preclude them
from the right of purchasing at any future time, but if congress
should not agree to purchase or annul as above, then said com¬
missioners shall in conjunction with three of the board of direc¬
tors of said chartered company proceed to assess the rate of
tolls, which said assessment shall take place on the first day of
January in like manner as above.
Sec. 3. Be it further enacted, That if the said charter¬
ed company shall complete their work during the recess of con¬
gress, shall communicate the fact to the president, who shall ap¬
point three commissioners, whose duty it shall be with three di¬
rectors to fix the rate of tolls until the next session of congress,
and if said commissioners and directors cannot agree they shall
choose an umpire, whose decision shall "e binding.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR.
President of the senate.
Approved, Dec. 27, 1837.
SAM. HOUSTON.
AN ACT
Supplementary to an act to raise Public Revenue by direct
Taxation.
Sac. 1. Be it enacted, by the senate and house of represen¬
tatives of the republic of Texas in congress assembled, That
from and after the passage of this act, that the clerks of the sey->
113
tral county courts, shall be, and are hereby authorized and re¬
quired to issue licenses to all retailers, pedlars, &c., and receive
the duties of the government for the same, as is required by this
act in accordance with the above recited act.
Sec. 2. Be it further enacted, fyc. That the sheriffs of the
several counties of this republic, be, and are hereby authorized
and required immediately after the first day of January next,
and in each^ succeeding year to proceed to collect the taxes,
and dues to the government, by advertising at the several pre¬
cincts or places for holding elections at least fifteen days, on
which day the sheriff or a qualified deputy shall attend agreea¬
bly to this advertisement for the purpose of collecting taxes
to be raised by virtue of this act.
Sec, 3. Be it further enacted, That on the failure of any
person or persons to attend and punctually pay the amount of
taxes that may be due the government, then and in that case, the
sheriff shall proceed and take an execution (to be issued by any
justice of the peace for said county,) against the goods and pro¬
perty of said delinquent or delinquents, and proceed to sell so
much of the same as will satisfy debts and costs.
Sec. 4. B; it further enacted. That it shall be the duty of
the several clerks and sheriffs of the several counties to report
to the secretary of the treasury on or before the first day of Sep¬
tember in each year, and pay over the amount of public mo¬
nies that may have come into their hands into the treasury of
the republic.
Sec. 5. Be it further enacted, That the several clerks and
sheriffs of the several counties shall be allowed five per cent, in
all monies that may be so collected or received by them, and
that each and every applicant for license for retailing &c. shall
pay to the clerk as his fee the sum of one dollar.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tern, of the senate.
Approved, Dec. 2i, IS37*
SAM. HOUTON.
10*
114
JOINT RESOLUTION
For the relief of F. W. Thornton.
Resolved, bv the senate and house of representatives of the
republic of Texas, in congress assembled, That the first audi¬
tor be, and he is hereby authorized and required to pay to Fran¬
cis W. Thornton, in the promissory notes of this government,
the amount of a draft drawn in his favor for the purchase of
provisions for the army in 1830, for the sum of one thousand
seven hundred and twenty-two dollars and twenty-two cents, up¬
on the said Thornton presenting the aforesaid draft.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Dec. 28, 1837.
SAM. HOUSTON.
JOINT RESOLUTION,
For the relief of H. C. Hudson.
Resolved, by the senate and house of representatives of
the republic of Texas, in congress assembled, That the auditor
be, and he is hereby authorized to audit the claim of H. C. Hud¬
son, for three hundred dollars, for services to the government in
arranging the books, papers and acts of the consultation, coun¬
cil and provisional government, in which he was occupied three
months and days.
JOSEPH ROWE,
Speaker of the h«use of representatives.
S. II. EVERITT,
President pro tem. of the senate.
Approved, Dec. 28, 1837.
SAM. HOUSTON.
115
AN ACT
For the relief of Stilman S. Curtis.
Be it enacted> bj the senate and house of representatives of
the republic of Texas, in congress assembled, That the first au¬
ditor of accounts, be, and he is hereby authorized and required
to audit th: claims of Stilman S. Curtis, for horses and other
property lost in the service of Texas, in the winter and spring
of 1836; provided the whole amount shall not exceed three hun¬
dred and thirty-eight dollars.
JOSEPH ROWE,
Speaker ot the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approv3d, Dec. 28, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Providing for thepurchase of Provisions and Munitions of War.
Be it resolved, by the senate and house of representatives
of the republic of Texas, in congress assembled, That twenty-
five thousand dollars of the one hundred thousand dollars appro¬
priated in an act passed the ninth of June 1837, for the equip¬
ment and support of a corps of rangers, is hereby appropriated
for the purpose of purchasing provisions and munitions of war,
and the secretary of war is hereby authorized to draw upon the
treasury for that amount, for the above specified purpose: and he
is hereby instructed to lose no time in purchasing the requisite
munitions and provisions.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVER ITT,
President pro tem. of the senate.
Approved, Dec. 28, 1837.
SAM. HOUSTON.
116
JOINT RESOLUTION
Respecting county Surveyors*
Resolved, by the senate and house of representatives of the,
republic of Texas, in congress assembled, That whenever it
shall so happen that the amount of surveying to be done (in any
one county) is not more than can be performed by one surveyor,
which fact shall be determined by the board of land commission¬
ers, then and in that case the county surveyor for said county,
shall be allowed to perform the duties of a practical surveyor,
and perform all the duties as required of the deputy surveyors
to be appointed under a provision of an act to establish a gen¬
eral land office.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 29, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Requiring the auditor to audit the claim pf Thomas G. McGee.
Resolved, by the senate and house of representatives of th
republic of Texas, in congress assembled, That the first auditor
be, and he is hereby required to audit the accounts of Thomas
G. McGee, for a stud horse, and allow him therefor such sum as
he shall show by the affidavit of two or more disinterested per¬
sons, the said horse was worth at the time he was pressed into
service; provided, the amount does not exceed two hundred dol¬
lars.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 28, 1837.
SAM. HOUSTON.
117
JOINT RESOLUTION
For the relief of A. R. Bodrnan.
Resolved, by the senate and house of representatives of
the republic of Texas, in congress assembled, That the auditor
be required to audit the account of A. R. Bod man for services
rendered as clerk to the executive and in the state department
of the government ad interim, allowing him such pay as is al¬
lowed to other clerks for similar services.
JOSEPH ROWE,
Speaker of the house of representatives,
S. H. EVERITT,
President pro tern, of the senate.
Approved, Dec. 28, 1837.
SAM. HOUSTON.
AN ACT
To incorporate the City of Houston and other towns therein
named.
Be it enacted, by the senate and house of representatives
of the republic of Texas, in congress1 assembled, That the citi¬
zens of the City of Houston, and the towns of Washing¬
ton, Crockett and Refugio, be incorporated under, and entitled
to all the privileges and benefits of the act granting a charter
of incorporation to the town of Brazoria, passed at the extra
session pf this congress.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 29, 1837,
SAM. HOUSTON.
118
JOINT RESOLUTION*
Incorporating the town of Columbia.
Resolved, by the senate and house of representatives of the
Republic of Texas, in congress assembled, That the town of
Columbia is hereby incorporated with all the powers and privi¬
leges which have been extended to Brazoiia, in the act by which
said town has been incorporated, and that the limits of said
town shall embrace what was generally known as the town of
Marion.
JOSEPH ROWE,
Speaker of the house of representatives'.4
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec 29, 1837.
SAM. HOUSTON.
AN ACT
To create the county of Fort Bend.
Sec. 1. Be it enacted.) by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
there shall be laid off on the Brazos river, a ,new county to be
called the county of Fort Bend, which shall include all the ter¬
ritory within the following limits viz: Beginning on the east side
of the Brazos river at the upper corner of a league of land
granted to Francis Biggam, on which said Biggam now lives;
thence east with the north boundary of said league to its north
east corner, continuing on the Harrisburg and Brazoria county
line; three leagues from thence to the head of Bray's Bayou,
where stands a low elm; thence running from the head of Bray's
Bayou to a point on Buffalo bayou where the present county
line, running from Jesse H. Cart Wright's league, crosses the
bayou; thence northwardly to the southeast corner of Ful-
ghear's league of land on the Brazos river; thence west with the
foutl) boundary of said league to said river;, thfince crossingyaid
119
river, and following its western bank to the mouth of sixtefett
mile creek; thence up said creek to its source; thencein a south¬
wardly direction to the southeast corner of G. Coles land;
thence westwardly with said Coles lower line, to the San Ber¬
nard; thence down said stream to the southwest corner of league
No. 8; thence with the lower line of said league to the south
east corner; thence in a direct line to the south prong of Cow
bayou; thence down said bayou to its mouth; thence crossing
the Brazos, and up said river to the place of beginning.
Sec. 2. Be it further enacted, That the said county shall
be organized in conformity with an "act organizing the inferior
courts, and defining the jurisdiction of the same," and the coun¬
ty courts of said county shall be held on the second Monday in
January, April, July and October, in each year.
Sec. 3. Be it further enacted, That the said county shall
be included in, and shall form a part of the third judicial dis¬
trict, and the district court of said county shall be holden on
the last Mondays in February and August of each year.
Sec. 4. Be it further enacted, That it shall be the duty of
the chief justice so soon as he shall receive a notice of his ap¬
pointment, to proceed to give notice, and hold an election in the
town of Richmond, for the permanent location of the seat of
justice of said county, and he shall make a return of the result
of said election to the secretary of state.
Sec. 5. Be it further enacted. That said county shall be
entitled to one representative in congress, and the county of Fort
Bend and Austin shall form one senatorial district, and be enti¬
tled to one senator.
Sec. 6. Be it further enacted, That all suits which are now
existing by or against any of the citizens of the county of Fort
Bend, shall be continued and concluded in the county in which
they originated, in the same manner as if no division of the
counties had been made.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the sena
Approved, Dec. 29, 1837.
SAM. HOUSTON.
120
AN ACT
Tc» regulate the proceedings of the several Courts in certain eases.
Sue. 1. Be it enacted, by the senate and house of repre-
s^htativesof the republic of Texas, in congress assembled, That
where judgments have been heretofore obtained before any al¬
calde or primary judge, and returned as required by law to any
of the courts of this republic, it shall be the duty of said court
on the application of the plaintiff to issue a scieri facias or oth¬
er notice, summoning the defendant to appear and show cause
why execution should not be issued, but no evecution shall be
issued upon any such judgment, until a scieri facias or other no¬
tice shall have been issued and served in the usual way, upon the
defendant or defendants.
Sec. 2. Be it further enacted, That all suits brought in
any of the district or county courts of this republic, either by
original process or otherwise, shall be tried at the first term, un¬
less good causes be shown for continuance.
JOSEPH ROWE,
Speaker of the house of representative!.
MIRABEAU B. LAMAR,
President of the senat«.
Approved, Dec. 29, 1837.
SAM. HOUSTON.
JOINT RESOLUTION
Supplementary to a resolution for the relief of Samuel Wib
liams.
Resolved, bj* the senate and house of representatives of
the republic Texas, in congress assembled, That the amount
authorized by a joint resolution, to be paid to Samuel Wil¬
liams, be paid in the promissory notes; of this government, as in¬
tended, though not clearly expressed in the resolution alluded to.
JOSEPH ROWE,
Speaker of the house of representatives.
S. H. EVERITT,
President pro tem. of the senate.
Approved, Dec. 29, 1837.
SAM. HOUSTON.
121
AN ACT
Defining the boundaries of the county of Jackson^
Sec. 1. Be it enacted, by the senate and house of repre¬
sentatives of the republic of Texas in congress assembled,. That
from and immediately after the passage of this act, the fallow¬
ing shall be the lines of the county of Jackson, to wit: Com¬
mencing on the Bay, at a place called the divide between the
Trespalaccios and Carrancahua c reeks, running thence north
twenty-nine degrees to a corner, thence north twelve degrees-
east to the line of Colorado, county; thence south eighty-twQ'
degrees west, to the mouth of Smither's creek, on the Lavacca,.
thence down the Lavacca, (to the lower corner of Kent's
league of land; thence six miles with the line of Gonzales coun¬
ty, from thence a direct line to the Bay at the mouth of the
) thence with the middle of the Bay to a point opposite
the beginning.
Sec. 2. Be it further enacted, That the territory included
within the aforesaid lines shall b(, and the same is hereby de¬
clared to be the county of Jackson.
Sec. 3. And be it further enactedT That there shall be an
election held at the houses of John McHenry and Philip Demit's
on the first Monday of January next, to be presided by such
persons as the voters may appoint at which election, the ques¬
tion shall be upon the annexation of a part of Victoria county
to the county of Jackson, and the votes shall be confined to that
portion of the county six miles west of the| Lavacca river, and
should a majority of the voters be in favor of being attached
to Jackson county, it shall be so done, if a majority be in fa¬
vor of remaining in Victoria, the line shall remain as it now is.
JOSEPH HOWE,
Speaker of the house of representatives.
S. H. EVERITT.
President pro tem. of tfie senate.
Approved, Dec. 29, 1837. *
SAM. HOUSTON.
11
122
JOINT RESOLUTION
To incorporate certain towns therein named.
Resolved by the senate and house of representatives of the
republic of Texas in congress assembled, That the citizens of
the towns of Clarksville in the county of Red River, and the
citizens of the town of Lexington in the county of Fannin, and
the towns of Milam, Houston, Goliad, San Patricio and Jones-
borough, be, and they are hereby incorporated, and shall respec¬
tively have and enjoy all the privileges which have been gran¬
ted to the town of Brazoria.
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B. LAMAR,
President of the senate.
Approved, Dec. 29, 1837.
SAM. HOUSTON.
index.
Joint resolution, to suspend the operatians of the Land office un¬
til the further action of congress. 3
Joint resolution making an appropriation to pay the public printers. 3
Joint resolution making appropriation of moneys for the use of the
Hospital. 4
Joint resolution locating permanently the seat of government. 4
Joint resolution authorizing Wm. G. Cboke to sign the name of the
President to the promissory notes of the government. 5
Joint resolution for the relief of W. £. Hendrick. 6
An act regulating elections. 6
Joint resolution requiring the chief justice of the county of Brazo¬
ria to isue writs of election. 10
An act authorizing an appropriation for the Post Office. 10
Joint resolution to authorize the secretary of war to grant Dis¬
charges. 11
Joint resolution granting letters of Margue and Reprisal. 11
An act to incorporate the town of Sheloyville, and granting fur¬
ther powers to the corporations of San Augustine and Na¬
cogdoches. 12
An act for augmenting the Navy, and making an appropriation
therefor. * 13
An act regulating the proceedings before justices of the peace. 14
Joint resolution requiring the secretary of war to execute certain '
duties. 15
Ah act to provide for auditing contingent expenses of both houses
of congress, and making appropriation therefor. 15
11*
u
Joint resolution for the relief of Hollond Coffee & Co. 16
An act to provide for the appointment of notaries public. 16
Joint resolution to appoint a committee on printing. 17
An act to incorporate the town of Brazoria. 17
Joint resolution requiring the auditor to audit the accounts of Nel¬
son Jones. * < 20
An act appropriating money for the purchase of a house for the
use of the president. 21
An act to incorporate the city of Richmond, and the towns of San
Felipe de Austin and Lagrange. 21
Joint resolution for the relief of Ellen O'Donnovan. 24
An act Fixing the salary of Indian commissioners. 24
Joint resolution for the relief of Manuel Carabajal. 25
An act amendatory to the several acts and ordinances granting
bounty lands. 25
Joint resolution allowing the secretary of war an additional clerk. 26
Joint resolution for the relief of John Buchannan. 27
Joint resolution for the relief of John M. Clifton. 27
An act for the relief of Edmund P. Crosby. 28
Joint resolution making appropriations for the general land office,
and to defray the contingent expenses of both houses of
congress. 28
Joint resolution for the relief of John Woodruff 29
An act to incorporate the Colorado Navigation Company. 29
An act creating the county of Montgomery. 33.
An act regulating the time of holding district courts of Brazoria*
Matagorda and Jackson counties. 34
Joint resolution for the relief of S. Hatch. 35
An act to establish the county of Fayette. 3.5
An act incorporating the city of San Antonio and other towns there¬
in named. 37
An act to create a board of Medical Censors for the republic of
Texas. 39
Joint resolution to compensate the commissioners appointed to se¬
lect a site for the seat of government. 41
An act to define the boundaries of the county of Gonzales. 42
An act.to provide for the punishment of crimes and misdameanors
committed by slaves and free persons of color. 43
Joint resolution concerning the public archives. 44
Joint resolution authorizing the treasurer of the republic to issue
change notes. 45
Aa act to. clear out the rivers Attoyac, Angelina and Ne< hes. 46
An act to prevent the issuing of individual printed or lithographed
' * notes. 47
An actio define the boundaries of the county of Shelby. 48
An act to define the boundaries of the county of Washington, 49
iii
An act to incorporate the town of Matagorda. 50
Joint resolution for the purchase of the steamer Pulaski. 50
An act to pay the officers and soldiers of the army and navy. 51
An act supplementary to "an act to pay the officers, Soldiers and
sailors of the army and navy." 52.
An act to define the boundaries of the counties of San Augustine
and Sabine. 52
An act creating the county of Fannin. 53
Joint resolution Locating permanently the seat of justice for the
county ©f Brazoria. ' 54
An act to define the boundaries of Jasper county. 55-
An act creating the county of Robertson. 56
Joint resolution requiring the auditor to audit the accounts of Geo.
W. Bonnel. 57
An act to sustain the currency of the country. 57
An act to prohibit the further sale of land scrip . 58 •
An act to require the district judgesjto reside permanently in their
proper districts, and for other purposes. 58
Joint resolution for the relief of Anson Jones. 59
Joint resolution for the relief of Charles Durocha. 60
Joint resolution to select a committee of five &c. to locate the seat
of government. 60
An act precluding aliens' from being appointed to office. 61
An act entitled "an act to reduce into one act, and to amend the
several acts relating to the establishment of a General
Land Office." 62
An act to incorporate the Texas Steam Mill Company. 76
An act supplementary to an act to appoint a Board of Medical Cen¬
sors. 79
An act to incorporate the town of Mina. 79
An act to amend the act, entitled an act to raise a revenue by impost
duties 80
An act to incorporate the Brazoria Insurance Company. 80
An act to define the Doundaries of the county of Liberty. 84
An act supplementary to an act entitled an act to organize the
Militia of this republic. 85
An act to encourage steam navigation. 86
An act to amend the several laws regulating the Post Office De¬
partment. 87
An act relating to the pay and allowances of the officers and sol¬
diers of the army. 88
Joint resolution requiring the auditor to settla with Mr. Thomas
Brennan. 89
An act to define the boundaries of the county ot Red River. 89
Joint resolution altering the name of the county and town of Mina. 90
Joint resolution relative to Consulates, 91
iv
An act to define the boundaries of the county of Mina. 91
Joint resolution for the relief of M. A. Beremendi. 92
An act to provide for the publication of the laws and journals of the
republic of Texas. 92
An act Making provisions for persons who have been permanently
disabled in the service of Texas. 93
Joint resolution for the relief of Dougald Brown. 94
An act amending the judiciary laws of the republic. 94
An act to provide tor taking testimony by lnterregatories. 96
An act to authorize the post master general to establish a post route. 97
Joint resolution for the relief of Maria Antonio de La Garza. 98
Joint resolution for the relief of James Collinsworth. 98
Joint resolution for the relief of C. C. Dewitt. 99
Joint resolution to translate the laws of the republic into the Cas-
tilian language. 99
Joint resolution for the relief of widow Kitty McCoy. 100
Joint resolution for the relief of colonel John Forbes. 101
Joint resolu tion authorizing F. R. Lubbock to procure cisterns for
the use of the capitol. 101
Joint resolution for the relief of Francis W.. Thornton. 102
An act to authorize attachments to be issued in certain cases there¬
in named. 102
An act declaring certain children legitimate therein named. 103
Joint resolution for appointing two legal gentlemen to compile a
judicial code of laws for the republic of Texas. 103
An act to authorize the judges of the district courts to hold special
terms in certain cases therein named. 104
Joint resolution directing the auditor to respect the acts of George
W. Poe. 105
Joint resolution for the relief of D. F. Weymouth. 105
An act authorizing persons to dispose of property by Will. 106
Joint resolution for the relief of the family of Erastus Smith. 106
An act to create a justice of the peace and constable for G;.lveston
Island. 107
Joint resolution for the relief of John J. Linn. 107
An act granting lands to those who were in the battle of San Jacin¬
to and other battles. 108
Joint resolution for the relief of John A. Wharton. 109
An act to define the boundaries of the county of Jefferson. M0
Joint resolution for the relief of Simu el Williams. 110
An act to authorize the clerks of the several courts to appoint depu¬
ties and requiring them to keep their offices at the county
seat. Ill
. An act supplementary to an act to incorporate the Colorado Navi¬
gation company. Ill
V
An act supplementary to an act to raise a public revenue by direct
Taxation. 112
Joint resolution for the relief of F. W. Thornton. 114
Joint resolution for the relief of H. C. Hudson. 114
An act for the relief of Stilman S. Curtis. 115
Joint resolution providing for the purchase of provisions and mu¬
nitions of War. 115
Joint resolution respecting county surveyors. 116
Joint resolution requiring the auditor to audit the claim of Thom¬
as G. McGee. 116
Joint resolution for the relief of A. R. Bodman. 117
An act to incorporate the city of Hauston and other towns therein
named, 117
Joint resolution incorporating the town of Columbia, 118
An act to create the county of Fort Rend. 118
An act to regulate proceedings of the several courts in certain ca¬
ses. 120
Joint resolution supplementary to a resolution for the relief of Sam¬
uel Williams. 120
An act defining the boundaries of the county of Jackson. 121
Joint resolution to incorporate certain towns therein named, 122
LAWS
PASSED AT THE
2d Session of the 2d Congress
OF THE REPUBLIC OF TEXAS.
April and May> 1838.,
AN ACT
For the removal of County Seats of Justice.
Sec. 1. Be it enacted by the Seaate and House of Rep¬
resentatives of the Republic of Texas in Congress assembled,
That a majority of two-thirds of the votes of the qualified vot¬
ers of a county shall be required to remove the seat of justice in
any of the counties of this Republic, that now are, or hereafter
may be established; provided, however, that if in any county
the seat of justice should be established at a greater distance
than five miles from the centre of said county, a majority of all
the votes shall be sufficient for its removal, provided such remov¬
al shall be within the limits of five miles from the centre of said
county.
Sec. 2. Be it further enacted, That when in the opinion
of the Chief Justice of any county, the necessary number of
inhabitants apply by petition or otherwise for a removal of the
seat of justice, it shall be the duty of said chief justice to order
an election for that purpose, giving due notice thereof, which
election shall be held at the same time and places, and conduct¬
ed in the same manner as elections for members of congress, and
the result of said election shall establish the seat of justice, in
accordance with the provisions of the first section of this act.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved May 9, 1838.
SAM. HOUSTON.
AN ACT
Supplementary to an act creating the county tf Fqyttlc,
Be it enacted by the Senate and House of Representatives!
pf the Republic of Texas, in Congress assembled, That from
and after the passage of this act, the South Western boundary
of the county of Fayette, shall be, and is hereby established as
follows, viz: beginning at the North East corner of a league
of land, granted to J.Morris on the head of the Lavaca river;
thence northwardly to the North East corner of a quarter of a
league of land granted to Stiffler: provided that nothing herein
contained shall affect any rights of location made in conformity
to the acts defining the boundaries of the counties of Gonxales
and Fayette.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May 3[, 1838.
SAM. HOUSTON.
AN ACT
Securing the Right of Appeal.
Sec. 1. Be it enacted by the Senate and House of Re¬
presentatives of the Republic of Texas in Congress assembled,
That in the suits authorized to be commenced by Empresarios,
pndcr the 27th section of the land law, against the President of
the Republic, the defendant shall have the rigt to appeal with¬
out giving the bond and security, required of applicants.
Sec. 2. Be it further enacted, that in cases where the re¬
public is concerned as a party, either in her own name, or the
name of her officers, an appeal may be taken in her behalf with¬
out bond and security.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May 3, \838.
u ' SAM. HOUSTON,
3
AN ACT
To repeal a part of an act incorporating the town of Gonzales*
Sue. 1. Bo it enacted by the Senate and House of Re¬
presentatives of the Republic of Texas in Congress assembled,
That bo much of ah act incorporating the city of San Antonio'
and other towns therein named, passed at the last session of
congress, as relates to the town of Gonzales, which requires tbe
clerk to possess a competent knowledge of theCastilian language,
and requiring the members to consist of eight aldermen is here¬
by repealed; and the members of the corporation of Gonzales
shall consist of four aldermetl in lieu of eight;
Sec. 2. Be it further enacted, That the chief justice of
the county of Gonzales, immediately after the passage of the
act, shall be authorized and required to issue writs of an elec¬
tion to fill the offices of the above recited act for the fraction of
the present year.
JOSEPH ROWE, .
SpeJikcr of the House of Representatives.
MIRABEAU B. LAMA I \
President of the SenaLe.
Approved, May 3, 1838.
SAM. HOUSTON;
JOINT RESOLUTION
Authorizing the President and Commissioner of the General Lahd
Office*, to issue titles to purchasers of lots in Galveston Island
Be it resolved by the Senate and House of Representa¬
tives of the Republic of Texas in Congress assembled, That the
President of the Republic and the Commissioner of the general
land office are hereby authorized and required to issue titles to
purchasers of lots on Galveston Island; provided that the said
purchasers shall deliver to the commissioner a certificrte of pur¬
chase, with a receipt for the payment of the purchase money"
in full, from the secretary of the Treasury.
JOSEPH ROWE, •
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate
Approved, M^y 9', 1838.
SAM. HOUSTON.
4
AN ACT
Authorizing the President to appoint J\rotaries Public.
Be it enacted by the Senate and House of Representatives?
of the Republic of Texas, in Congress assembled, That there
shall be appointed for the county where the seat of government
is, or shall be located, two notaries public in addition to the
chief justice of said couuty; and also, one additional notary in
each county of the Republic; which appointments shall be made
by the President, by and with the advice and consent of the
senate.
JOSEPH ROWE,
Speaker of the House of Representatives-
' MIRABEAU B. LAMAR,
President of the Senate-
Approved, May 15, 1838.
SAM. HOUSTON.
A BILL
To incorporate and define the Senatorial District of Austin, Colo¬
rado and Fort Bend.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the Republic of Texas in Congress assembled,
That the counties of Austin, Colorado, and Fort Bend shall be,
and constitute a Senatorial District.
Sec. 2. Be it further enacted, That the chief justice of
the county of Austin, shall be the returning officer of said Sen¬
atorial District.
Sec. 3. Be it further enacted, That all laws or parts of
laws conflicting with this act be, and the same are hereby re¬
pealed.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR*
President of the Senate.
Approved, May 10, 1838.
SAM. HOUSTON.
5
JOINT RESOLUTION
For the relief of John F. Kemper.
Resolvedly the Senate and House of Representatives of
the Republic of Texas, in Congress assembled, That the Audit¬
or of public accounts be authorized and required to audit the
accounts of John F. Kemper, as armourer for the term of eight
months and twenty-four days, agreeably to law, in such cases
made and provided.
JOSEPH ROWE,
Speaker of the House of Representatives
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May 10, 1838*
SAM. HOUSTON.
AN ACT
To amend an act incorporating the city of San Antonio and other
Towns.
Sec. 1. Be it enacted by the Senate and House of Repre
sentatives of the republic of Texas, in congress assembled, That
the third section of "an act incorporating the city of San An¬
tonio and other towns therein named," shall be amended by in¬
serting after the word "council" in the ninth line, the words "and
who with the treasurer and collector."
Sec. 2. Be it further enacted, That the eight section be
amended by striking out from the first and second lines the words,
"in conjunction with the justices of the county courts," Provided,
that this section shall not apply to Gonzales.
Sec. 3. Be it further enacted, that the ninth section of
said act be amended by striking out all after the enacting clause
and inserting the following: "That the Mayor be authorized and
empowered to act in all cases as guardian and custodier of the
peace and quiet of the city, and he is hereby vested with all the
powers necessary therefor.
Sec. 4. Be it further enacted, That so far as relates to the
town of Victoria, no person shall be allowed to vote for, or be
eligible to fill any office in said council, who shall not be at the
time of the election, the owner of real estate, or actually pay¬
ing rent within the incorporated limits of said town, and who
f>
shall not have resided thefc'm six months previous to the clcc
tion: Provided, That the Mayor and a majority of the A1 der
roen, shall be bonnftde owners of real estate within said limits.
Sec. 5. Be it further enacted, That all elections heretefofe
held for member of the Council of said town, and which were
not held on the day specified in the fourth section of the above
recited act, are hereby declared null and void, and the chief
justice of the coitnty of Victoria shall immediately upon the pro¬
mulgation of this act, order an election for Mayor and Aldermen
for the aforesaid town, for the balance of the year, one thousand
eight hundred and thirty-eight*
Sec.- 6. Be it further enacted, That so much of an act en¬
titled uan act to incorporate the town of Brazoria and other
towns therein named," as relates to San Patricio, is hereby re¬
pealed, and the town of San Patricio shall be incorporating un¬
der the provisions of this act, and shall be entitled to the same
privileges, and subject to the same restrictions as the town of
Victoria.
Sac* 7. Be it farther* Enacted, That so much of an act pass¬
ed the 14th day of December, one thousand eight hundred and
thirty-seven, incorporating the city of ^an Antonio and other
towns, as conflicts with this act, is hereby repealed. That the
town of Franklin, in Robertson county, and the town of Refu¬
gio, be incorporated under the same regulations as prescribed in
this act incorporating the town of Victoria. That so much of
an act approved December the twenty-ninth, one thous¬
and eight hundred and thirty-seven, entitled "an act to incorpor¬
ate the city of Houston and other towns therein named," that re¬
fers to the town of Refugio, be and the same is hereby repealed.
JOSEPH ROWE,
Speaker of tho House of Representatives.
MIRABEAU B LAMAR,
President of the Senate.
Approved, May 24th, 1-838.
SAM. HOUSTON.
AN ACT
For the relief of Robert Hodge.
Whereas, it appears that a mistake has occurr'ed in the land
office, whereby it appears that the following described tracts of
land lying back of leagues number one, two and fKrec east of San
4
Bcmirds, was by mistake granted to John Hodge on ih© four*
teenth day of June, eighteen hundred and thirty-one, which was
intended tor and should have been Robert Hodge: Therefore,
Bo it enacted by tire Senate and House of Representa ives of
the Republic of Texas, in Congress assembled; That the Com¬
missioner of the General Land Office be, and he is hereby author¬
ize! and required to correct the aforesaid mistake in the records
of his office by changing the name of John Hodge to that ofRo-
bort Hodge, both on the original grant, and the copy of thesame
now in the possession of the aforesaid Robert Hodge.
JOSE I'll ROWE,
Speaker of the House of Representatives.
MIRABEAU E. LAMAR,
President ol the Senate.
Approved, May 19th, 1838.
' SAM. HOUSTON.
AN ACT
For the benefit vf John R. Fun tar.
Be it enacted by the Senate and House of Representatives of
the republic of Texas, in Congress assembled; That the first
auditor of public accounts be, and he is hereby required to aud¬
it and allow the claim of John R. Foster for personal services in
the army of Texas, from the eighth of October, eighteen hun¬
dred and thirty-five, to the fourteenth of February, eighteen hun¬
dred and thirty-six, and the Secretary of War is hereby author¬
ized to issue to said Foster a certificate to bounty land correspond¬
ing witll said term of service.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIR A BEAU B. LAMAR,
President of the Senate.
Approved, May 24th, 1838.
SAM. HOUSTON.
AN ACT
To provide for settlement of deceased Soldiers Estates.
Sue. 1. Be it enacted by the senate and house of repre¬
sentatives of the republic of Texas in congress assembled, That
s
all persons who have, or may hereafter administer wpon the es¬
tate of deceased soldiers or officers, shall before the auditor is
allowed to audit the claims, or the secretary of War, or
board of land commissioners of any county be authorised to
grant bounty warrants or land certificates, enter into bond with
approved security as the court may direct, for the faithful per-
formarn e of the duties of such administration, a copy of which
bond and all the proceedings in such cause duly certified under
the hand and seal of the chief justice of such couaty shall be
returned to the secretary of war.
Sec. 2. Be it further enacted, That hereafter no titles
of administration shall be granted nor any further action be had
under those that have already been granted until publication of
such letters of administration shall have been made at least six*
ty days, in one of the public Gazetts, published at the seat of
government.
Sec. 3. Be it further enacted, That no sale of any of
the effects of any deceased soldier or officer shall be made un¬
less by order of the court granting letters of administration, ap¬
proved by the secretary of war and published in some newspa¬
per sixty days, and all sales made contrary to the provisions of*
this section, (unless by heirs of full age,) shall be entirely null
and void.
Sec. 4. Be it further enacted. That it shall be the duty
of all administrators, on the estate of deceased soldiers to re¬
turn to the court granting letters, within ninety days an in¬
ventory of all the effects of such deceased soldier and an¬
nually at the probate court in January of each year to make re¬
turn of all his proceedings unless bv special leave of the court
longer time be granted, a copy of which said inventory and re¬
turns shall be immediately transmitted to the secretary of war..
Sec. 5. Be it further enacted, That it shall be the duty
of the secretary of war, once in every three months to publish
in some public Gazette, the names of all administrators (and on
whose estates) that may be returned to him.
JOSEPH ROWE,
Speaker of the House of Representatives.
MJRABEAU B. LAMAR,
President of Senate.
Approved, 18th May, 1S3S.
SAM. HOUSTON.
9
AN ACT
Providing for the location of Land Scrip, issued by an act of con-
gress, dated the 6th day of December 1836, and Jor redeeming
the same.
Sec. 1. Be it enacted by the senate and house of repre¬
sentatives of the republic of Texas in congress assembled, That
from and after the first thursday of August next all deputy sur-
veyois be, and they are hereby authorized and directed upon
the application of any holder or holders of land scrip under the
before recited act to survey at the expense of this government
a sufficient quantity of the vacant land of the public domain
within their respective sections, when said vacant lands shall bo
pointed out to them, to satisfy such legal claims of ail holders
of land scrip sold by this government agreeably to law in all
respects.
Sec. 2. Be it further enacted, That it shall be the duty
of such deputy surveyors to make returns of all such surveys to
the county surveyor of his respective county.
Sec. 3. Be it further enacted, That the secretary of the
treasury be and he is hereby authorized and required to pay af¬
ter the same shall be audited the drafts of the respective coun¬
ty surveyors, for such work of his deputies at the rate of three
dollars per lineal English mile actually run, as well as three dob
Jars for examination and returning said surveys by the county
surveyor.
Sec. 4. Be it further enacted, That hereafter it shall
and may be lawful for the bona fide holder of any land scrip,
to present the same to the commissioner for funding the public
debt which said commissioner shall fund the same at the rate of
fifty cents per acre, and grant certificates of stock therefore.
Sbc. 5. And be it further enacted, That the thirty-se¬
venth section of the present Land Law be and the same is here¬
by repealed.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Sanate.
Approved, 18th May, 1838.
SAM. HOUSTON.
B
10
AN ACT
Authorizing, the payment of the interest of the Funded Debt,
Sec. 1. Be it enacted by the Senate and House of Repre*
sentatives of the republic of Texas, in Congress assembled, Thaj
the Secretary of the Treasury be, and he is hereby required to
pay the Interest accruing on the funded debt at the time it is
made payable by law, and a sufficient amount of the promisso¬
ry notes of the Government to naeet the object is hereby appro¬
priated for that special purpose.
Sec. 2. Be it further enacted, That the Secretary of the
Treasury be, and he is hereby required to pay the interest on all
other debts against the Government, which by law bear inter-:,
est, and that the same be paid semi-annually in the promissory
notes of the Government, a sufficient amount of which is hereby
specially appropriated for that purpose.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved;, May 16th, 1838.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief of J. W. Fannin.
Resolved, by the Senate and House of Representatives of the
republic pf Texas, in Congress assembled; That the auditor be,
and he is hereby required to audit the accounts of J. W.Fannin,
ap approved by the Secretary of War, for eight hundred and
twenty-six dollars and fifty cents.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, Mav 20th, 1838.
SAM. HOUSTON.
AN ACT
For the relief of F. J\"eblin.
Whereas, F. Neblin acted as assistant commissary general
for the army during the spring and summer of eighteen hundred
^.nd thirty-six, and whereas at that tim© the commissary depart-.
11
ment was in a state of disorganization for the want of proper
enactments, and whereas the said Neblin as appears from re¬
ceipts of various officers has discharged his duty faithfully, there¬
fore
Be it enacted by the sfenate aind house of representatives
of the republic of Texas in congress assembled, That the quar¬
ter master general under the inspection of the secretary of war,
he authorized to settle withF. Neblin assistant commissary gen¬
eral upon such terms as he may consider just and equitable.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, 21st May, 1838.
SAM. HOUSTON.
JOINT RESOLUTION
In favor of the. Officers and Crews of the schooners of war, Invin¬
cible and Brutus.
Be it resolved by the senate and house of representatives
ofthe republic of Texas, in congress assembled, That the sec re-,
tary of the treasury be, and he is hereby authorized to pay out of
any money in the treasury not otherwise appropriated, to the offi¬
cers and the crews of the schooners of war, Invincible and Bru¬
tus, or their legal representatives, one half of the avails of the
prizes made by said vessels on their last cruise, which have been
legally condemned, according to their respective share as estab¬
lished by law.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved 23d Aiay, 1838.
SAM. HOUSTON.
AN ACT
Appointing Pilots.
Sec. 1. Be if enacted by the senate and house ofrepre-'
sentatives of the republic of Texas in Congress assembled, That
from*and after the passage of this act, it shall be lawful for the
several collectors of the ports throughout this republic to ap*
point and controll pilots of their respective ports, inspect the
boats &c., appertaining and belonging to the said pilots and used
12
by them in the discharge of their duties as pilots, and be in eve-
rj way responsible to this government, for the good conduct and
management of the aforesaid pilots.
Sbc. 2. Be it further enacted, That all pilots who have
been appointed, by law, previous to the passage of this act, their
appointments shall be submitted to the different collectors as
above for their ratification.
Sec. 3. Be it further enacted, That any person who shall
be appointed as a pilot, shall enter into bonds with two or more
securities, payable in the sum of five thousand dollars to the col¬
lector of the port for which he obtains license as pilot, for the
faithful performance of his duties and his good conduct and also
binding him to keep always good and sufficient boats for his use-
JOSEPH ROWE,
Speaker of the House of Representatives.
S. H. EVERITT,
President pro tem. of the Senate.
Approvod, 23d May, 1838.
SAM. HOUSTON.
AN ACT
To provide for the foreclosing of Mortgages on real and personal
Estates.
Sec. 1. Be it enacted by the senate and house of repre¬
sentatives of the republic of Texas, in congress assembled, That
from and after the passage of this act, the method of foreclosing-
mortgages on land shall be as follows: any person entitled to-
foreclose a mortgage on land, or his or their attorney shall peti-;
tion the district court of the county where such land or a part,
'thereof is situated, stating the case, and the amount of his or her
demand, describing the property mortgaged, and the court shall!,
•grant as rule, that the principal, interest and costs, shall be paid!
into the court on or before the first day of the next succeeding
term of such court, which rule shall be served upon the defen¬
dant at least ninety days before the time of payment, if the par¬
ity defendant be a resident of the republic; if not, it shall be pub¬
lished at least one month in some public gazette, and unless the
principal, interest and costs be paid, the court shall proceed to
give judement for the amount which may lie due on such mort¬
gage, and order the property mortgaged to be sold to the high¬
est and best bidder, after the same shall have been advertised
thirty days in some public gazette, and the money paid; over t©
13
the mortgagee or his attorney; but when there shall be any sur¬
plus, the same shall be paid to the mortgager or his agent, and
in case of any dispute as to the amount due on any mortgage,
if the mortgager shall appear at any time within the time pre¬
scribed by this act, before judgment shall be given, and make
affidavit of such facts, the court shall order a trial of the facts
"before a jury as in other cases.
Sec. 2. And be it further enacted, That all mortgages
on negroes and other personal property shall be foreclosed in
the following manner: Any person or persons holding a mort¬
gage on personal property, and wishing to foreclose the same,
shall make application to the chief justice of the county, and
make affidavit before him of the amount of principal and inter¬
est due thereon, which affidavit shall be annexed to such mort¬
gage, and thereupon the clerk of the county court shall issue
execution as in cases of judgment, which execution being deliv¬
ered to the sheriff shall be levied upon the mortgaged property,
after being advertised for at least sixty days in some public ga-
zatte, shall be set up and sold to the highest bidder; provided
always, that if any disputes should arise as to the amount due on
such mortgage, the chiefjustice of the county court shall order
the sale to be postponed upon the defendant's entering into bond
and security in double the amount of the mortgage, for the de¬
livery to the sheriff of the property so levied upon; and the
same shall be delivered to, and triable at the next term of the
coijrt, as in other cases.
Sec. 3. And be it further enacted, That all morgages
upon real estate shall upon the usual proof be recorded in the
county where the land is situated, within ninety days from the
passage of this act, or from the date of the execution of such
mortgage, and upon personal property in the county where the
mortgager lives. No mortgage shall take lien upon property
mortgaged unless so recorded.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May,. 15, 1838.
SAM. HOUSTON.
14
AN ACT
To incorporate Vie Brazos and Galvestori Rail Road Company.
Sec. Be it enacted by the Senate and House of Representatives of
the Republic of Texas, in Congress assembled, That a Company be in¬
corporated under the name and style of the Brazos and Galveston
Bail Road Company, under the rules and regulations hereinafter
mentioned; and under this title may transfer their rights by succes¬
sion or assignment, and shall be persons in law, capable of suing and
being sued, pleading and being impleaded, answering and being an¬
swered unto, defending and being defended in all Courts and places
whatsoever; and that they and their successors may have a common
seal, and may change and alter the same at pleasure; and also, that
they and their successors by the same name and style, shall be in law,
capable of holding, purchasing and conveying any estate, real, per¬
sonal or mixed, for the use of said corporation, and doing and perform¬
ing all things which are necessary and common for Companies of a
similar nature to do, not contraryto the provisions of this Charter, as
hereinafter enacted or to the Constitution of this Republic.
Sec. 2. Be it further enacted, That the said Company shall hare
the right to make Turnpikes and Rail Roads from the main channel of
Galveston Bay to the Brazos River.
Sec. 3. Be it further enacted> That the capital stock of said Com¬
pany shall be five hundred thousand dollars, and be divided into five:
thousand shares of one hundred dollars each.
Sec. 4. Beit further enacted, That the management of the affairs-
of saiu Company shall be conducted by a board of five Diiectors, each of
whom shall own at least fifty shares of the Capital Stock of the said
Company, and three of said Directors shall form a quorum to do and
perform all the business necessary to the successful operation of said
improvements; that the majority of the said Directprs shall appoint a
President from one of their number, and fill such vacancies as may
from time to time take place, from death, resignation or otherwise.—
That after the election mentioned in Section eighth of this Act, all en¬
suing elections for Directors shall be held annually at the Village of
Austinia, on the first Monday of June of each year, and in case of fail¬
ure to elect on the day fixed by this Act, the Corporation shall not be
dissolved for that cause, but the President and Directors for the time
being, shall continue in office until there shall be an election, and that
the Stockholders shall have one vote for each Share that they own and
and may vote by Attorney.
Sec. 5. Be it further enacted, That on application for shares,
the sum ofTwenty Dollars for each share applied for shall be deposit¬
ed with the Commissioners, and the ballance shall be paid at such times
and upon such terms as the President and Directors may designate:
Provided, that not more than ten dollars on each share shall be called
15
for at a time, and also Provided, that public notice in a Newspaper pub¬
lished at the Seat of Government, be given for sixty days, and in case
that any of the Stock Holders neglect to pay any of the instalments af¬
ter being thus advised, at the expiration of said term, the Shares, a.«
also the first or subsequent instalments which may have been paid shall
be forfeited for the benefit of the Company, and a new subscription
may be opened to cover any deficit occasioned by said Shares.
Sec. 0. Be it further enacted, That the President and Direc¬
tors of the said Company, shall prescribe the form of certificates of
shares of stock and the manner of transferring such certificates; but
the transfer shall be made in a book to be kept for the purpose by said
Company at their place of doing business, which transfer shall be made
in the presence of, and attested by, either the president or secretary of
said Company and a transfer may be made by such share-holders in
person, or by his, her or their agent; the power of attorney to such
agent to be duly proved and certified, and lodged with the President
or Secretary of said Company, provided, that no transfer shall be al¬
lowed to be made on the transfer book, except it be done at least fif¬
teen days previous, or five days after the day of election for Direc¬
tors as appointed in section fourth of this act.
Sec. 7. Beit further enacted, That books for the subscription
of the capital stock of said Company, shall be opened as follows; viz:
at the city of Houston for two thousand shares of said stock, under
the superintendence of W. G. Cooke and Asa Brigham; at the Village
of Austinia for fifteen hundred shares, and under the superintendence
of James F. Perry and George L. Hammeken; at the town of Brazo¬
ria, for fifteen-hundred shares, under the superintendence of Edmund
Andrews and Frederick A. Sawyer, and shall remain open until at least
one thousand shares are subscribed for, at winch time due returns of
all the subscriptions shall be made to the Commissioners at Austinia.
Sec. 8. Be it further enacted, That whenever one thousand
shares of said stock shall have been taken, the Commissioners shall
give thirty days notice, in one or more newspapers published at the
scat of Government of this republic, that the number of shares re¬
quired by the act of incorporation to organize the Company have been
subscribed, and that an election will be held at Austinia, or at such
place as the Commissioners may determine, to choose by a majority of
the votes of the subscribers, by ballot, to be delivered in person or by
proxy, duly authorized, five Directors, a Treasurer, and such other of¬
ficers as they may think necessary to conduct the business of said
Company-for one year, or until other such officers shall be elected.
Sec. 9. Be it further enacted, That when the Company shall
be duly organized in conformity with sections four and eight, of this
act, the President and Directors shall have full power to borrow mon¬
ey upon the faith of th's charter, to accomplish the object of the pre-
16
sent act* and may hypothecate the stock or other property, real or
personal,? md issue certificates for the payment of the same, and also
to do and perform as Directors of said Company every thing necessa¬
ry and pt-oper to carry it into complete operation.
Sec, 10. Be it further enacted, That the President and Direc¬
tors, with such surveyors, engineers, artists, and chain carriers as they
may thmk. necessary, are hereby authorized to enter in and upon the
land and enclosures, and public roads and highways, in, through and
over which the said intended turnpikes or rail reads, may be thought
proper to pass, and to examine and survey the ground, most proper
for the purpose; and also that the said President and Directors shall
have the, right, to survey, lay out, and make their roads, through any
-improved or unimproved lands, on the most eligible lout, and should
the said Company or their agents not be able to make arrangements
with dec; owner or owners of the said land through which it may be
necessary to run said improvements, or should said owner or owners,
not be capable of contracting, or be absent or unknown, the compa¬
ny may petition the judge of the county in which said land is situated,
giving si description of the lands which they deem necessary and in¬
dispensable for their operations, with the names of the proprietors, if
■they can be ascertained and the said judge shall then summon a jury
of six freeholders, not interested in the Company, who.shall make a
report of the value of the land so required, rind upon the payment
thereof by the Company, either to the owner, or to the Treasurer of
the county, a good and bona fide title shall be granted by the judge,
a copy of which shall be recorded in the recorders office of the coun¬
ty where the land is situated, provided, that the land so required shall
®ot exceed fifty yards in width.
Se,c. 11. Be it further enacted, That should said Company
wish to occupy any portion of the public lands by their improvements,
they shall have a right to take possession of, and pay to the govern¬
ment the minimum price of such lands, provided, that the land so
required shall not exceed fifty yard in width.
Sec. 12. Be it further enacted, That if any person whatsoever
shall wilfully, by any means whatever, injure, molest or destroy, any
part of the turnpikes or rail roads, constructed by said Company un¬
der this act, or any of their works, buildings, fixtures, or machines, or
other property, such person or persons so offending shall each of them
be liable for all damages occasioned thereby, and within any lime
within twelve months after such offence shall have been committed,
and upon conviction, be punished by a fine not exceeding ten thou¬
sand dollars, or imprisonment not exceeding twelve months, or both,,
at the discretion of the court.
Sec. 13. Be it further enacted, That the said Company may
establish on their different routs, and make use of all kinds of boats,.
17
vehicles, wagons or carriages of any nature whatsoever, for the
purpose of transportation; that s@ soon as the work is completed, the
Managers or Directors thereof, shall report to congress who shall
have the sole power of regulating the rates of tolls for passing said
rail-way, and all government stores, arms ammunition, and men that
the government may find it necessary to pass over said road, shall be
transported free of toll or other charge.
Sec. 14. Be it further enacted, that the said Company may
oonstruct bridges and make such improvements in the different Bays,
Rivers, Bayous, Creeks, &,c., as may be deemed expedient by them
or their agents, provided, that, said bridges do not in any way ob¬
struct the navigations of the aforesaid rivers.
Sec. 15. Be it further enacted, That in the event, that tea miles
of the aforesaid Turnpikes or Rail Roads shall not be completed with¬
in four years from and after the passage of this act, the lands speci¬
fied in sections ten and eleven, shall revert to the original proprietors;
the money paid by the Company shall be retained by the said proprie¬
tors, as an indemnification for the occupancy of the same, and the
aid charter shall be forfeited, and forever thereafter be null and void,
Sec. 16. Beit further enacted, That this act shall not be so
tontrued as to permit of banking privileges in any form whatever.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of tlte senate.
Approved, 24th May, 1838.
SAM. HOUSTON.
AN ACT
To incorporate the Caney JYavigation Company.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the Republic of Texas in Congress assembled,
That there shall be established a company under the name and
style of the "Caney Navigation Company," with a capital
stock of fifty thousand dollars to be divided into shares of
one hundred dollars each, for the purpose of clearing out
a channel, and making navigable for steam boats, or other
craft, the creek or river Caney, and for connecting the said
creek or river by canals or other means of intercommunication
with the head of Matagorda Bay, Cedar Lake, and with the
Colorado river, and for deepening the channel at the mouth of
said creek or river.
Sec. 2. And be it further enacted, That books shall be
opened on the first Monday of July next, to receive subscrip-
e
18
tions to the capital stack of said company at the following plac*
ps, to wit: at the town of Matagorda and Manhattan, and at
the house of R. H. Williams, on Caney, under the superintend¬
ence of three commissioners at each place, viz: at the town of
Matagorda, Silas Dinsmorc, John Duncan, and S.Mussina; at
the town of Manhattan, J* E. Fields, A. E. Wightman, and
Thomas Cayce; and at the house of R. H. Williams, T. Jami¬
son, R. H. Williams and Wm. H. Jack.
Sec. 3. And it be further enacted, That tne subscribers
ta said company, their successors and assigns, shall be, and are
hereby created a corporation, under the name and style of the
^'Caney Navigation Company," with similar powers and privile¬
ges, and subject to similar rules and regulations as are given and
prescribed to the Colorado Navigation Company, by an act enti¬
tled an act to incorporate the Colorado Navigation Company, ap¬
proved December 14th, eighteen hundred and thirty-seven: pro¬
vided, that the town of Manhattan, at the mouth of Caney
shall be substituted in this act for the town of Matagorda, in
the act above referred to, in all instances where it occurs in
said act, except in^ the one referred to in second section of this
act.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May 11,1838, SAM. HOUSTON.
RESOLUTION
For pairing the Presidents House, and purchasing Furniture.
Be it enacted by the senate and house of representatives of
the republic of Texas in congress assembled, That the sum of
threfe thousand dollars of the promissory notes of this govern¬
ment be and, the same is hereby appropriated to complete the
repairs add purchase furniture for the president's house, and
that the said sum be expended under the direction of his excel¬
lency,
JOSEPH ROWE,
Speaker of the house of representatives.
MIRABEAU B, LAMAR,
President of the senate.
Approved, J 1th May, 1838,
SAM. HOUSTON-
19
JOINf RESOLUTION
Supplementary to & joint resolution, for the relief of John J. LiniiJ
Approved December 10, 1837.
Resolved, by the senate and house of Representatives of
the republic of Texas in congress assembled, That the amount
authorized to be piaid to John J: Linn; by a joint resolution, ap¬
proved December the eighteenth, eighteen hhndred and thirty-
seven, be paid tb Linn in the promissory notes of this govern-
meht.
JOSEPH ROWE;
Speaker of the House of Representatives.
MIRABEAU B. LAMAR;
President of the Senate:
Approved, May 15th; 183S. SAM: HOUSTON.
AN ACT.
To amend an act entitled an act establishing the District Courts:
Sec. 1. Be it enacted by the Senate and House bf Repre¬
sentatives of the Republic of Texas in Congress assembled;
That there shall be a new judicial district established to be
called the fifth judicial district.
Section 2; Be it further enacted, That the District
Courts shall be hblden in thb county of San Augustine; on the
first Mondays in March and September, and rriay continue three
weeks; Irt the county of Sabine on the fourth Mondays irf
March and September; and may continue six days. In the
county of Jasper, on the first Mondays after the fourth Mon¬
days in March and September, and may continue two weeks;
In the county of Jefferson, on the third Mondays after the fourth
Mondays in March and September, and may continue one
Week Irt the cortnty of Liberty, on the fourth Mondays after
the fourth Mondays in March and September, and may continue,
two weeks; In the county of Galveston, on the sixth Mondays
after the fourth Mondays in March and September atnd may
Continue until the business is disposed of.
Sec; 3. Be it further enacted, That the second judicial
district shall be composed of the counties ,6f Brazoria, Fort
Bend, Harrisburg, Austin, Colorado and Matagorda. The
District Courts shall be holder* in the county of Brazoria, at the
town bf Brazoria, on the first Mondays in March and October,
and may continue three weeks. In the county of Matagorda;'
©n the fourth Mondays in March and October, and may cotf-
29
tinue two weeks. Iu the county of Colorada, on the second
Mondays after the fourth Mondays in March and October, and
may continue one week. In the county of Austin, on the third
Mondays after the fourth Mondays in March and October, and
may continue one week. In the county of Fort Bend, on the
fourth Mondays of the fourth Mondays in March and October,
and may continue one week. And in the county of Harrisburg
on the fifth Mondays after the fourth Mondays in March and
October, and may continue until the business shall be disposed
of.
Sec. 4. Beit further enacted, That the third judicial dis¬
trict shall be composed of the counties of Washington, Montgom¬
ery, Robertson, Milam, Bastrop and Fayette* The courts shall
be holden in the county of Washington, on the second Monday
in March and September, and may continue two weeks: In the
county of Montgomery, on the fourth Monday in March and
September, and may continue six days: In the county of Robert¬
son on the first Mondays after the fourth Mondays in March and
September, and may continue six days: In the county of Milam,
on the second Mondays after the fourth Mondays in March and
September, and may continue six days: In the county of Eay-
ette,on the fourth Mondays after the fouath-Mondays in March,
and September, and may continue six days: In the county of
Bastrop, on the fifth Mondays after the fourth Mondays in March
and September, and may continue two weeks.
Sec. 5. Be it further enacted, that the fourth judicial dis¬
trict, shall be composed of the counties of Gonzales, Jackson,
Victoria, Goliad, Refugio, San Patrico and Bexar. The courts
shall be holden in the county of Gonzales, on the first Mon¬
day in March and September, and may continue six days, In
the county of Jackson on the second Mondays in- March and
Septemher, and may continue six days: In the county of Victo¬
ria on the third Mondays in March and September, and may con¬
tinue six days: In the county of Goliad, on the fourth Mondays
in March and September, and may continue six days: In the
county of Refugio, on the .first Mondays after the fourth Mon¬
days in March and September, and may continue six days: In
the county of San Patrico, on the second Mondays after the fourth
Mondays in March and September, and may continue six days:
In the county of Bexar on the third Mondays after the fourth
Mondays in March and September, and may continue until all
the business is finished.
21
>5ec» 6* Bo it fu rthcr enacted'-,• That the fifth judicial dis¬
trict, shall be composed of the counties of Houston, Nacogdo¬
ches, Shelby, Red River and Fannin. The court shall be hold-
cn in the county of Houston, on the first Mondays in April and
October, and may continue six days: In the county of Nacogdo¬
ches on the second Monday in April and October, and may
continue three weeks: In the county of Shelby on the first Mon¬
days after the fourth Mondays in April and October, and may
continue two woeks: In the county of Red River, on the third
.Mondays after the fourth Afondays in April and October, and
may continue two weeks.
Sec. 7. Be it further enacted, That the supreme court
shall be holden, at the seat of Government, on the second Mon¬
day in January of each year, and may continue in session until
the business before it is finished.
Sec. 8. Be it further enacted, That the alternation of
the District Judges, as now provided for shall from and after the
passage of this act, be, and the same is hereby repealed: And
the judges shall only be required, to alternate in case of the in¬
terest of either of the judges, in any suit in his circuit, whe*
such alternation shall be had by them in such manner, as to sui
the wishes, and convenience of the judges.
JOSEPH ROWE,
Speaker of the House of Representatives-
MIRABEAU B. LAMAR.
President of the Senate.
Approved, May 24th, 1S3S.
SAM. HOUSTON.
AN ACT
To authorize the president to re-issue the promissory notes of the gov¬
ernment, as they return into the treasury, and making special ap¬
propriations.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the republic of Texas, in congress assembled,
That the president be, and he is hereby authorized and requir¬
ed to have re-issued and continue to have re-issued the promis¬
sory notes of the government as they return into the treasury*
until the appropriations hereafter specified in this act, shall be
met and discharged; as also all other special appropriations
which have been or may be made by this congress.
Sec. 2. Be it further enacted, That the amount of one
21
hundred afid fifty thousand dollars of the promissory tttfies of th'£
government be, and the same is hereby especially appropriated
for the payment of the civil list claims against the government;
Sec. 3. Be it further enacted, That the amount of tw6'
hundred thousand dollars of the promissory notes of the govern¬
ment t>e and the same is hereby especially appropriated for the
payment of Military claims against the government for personal
services rendered: provided, the claims are in the hands of the
original holders or their heirs.
Sec. 4. Be it further enacted, That the am'ount of one
hundred thousand dollars of the promissory notes of the govern¬
ment be, and the same is hereby especially appropriated for the
payment of the naval claims against the government for personal
services; provided, the claims are in the hands of the original
holders or their heirs.
Sec. 5. Be itfurthet enacted; That the holder or holders of
any claims contemplated in the third and fourth sections 6f this
act, shall before the payment thereof, be required to take the
oath specified in the act entitled "an act to pay the officers and
soldiers of the army and navy." approved December 14th, 1837,
which oath may be taken before any person duly authorized to
administer an oath.
Sec. 6.- Be it further enacted, That if in the opinion of
the president the situation of the republic shall be Such as to re¬
quire a.greater issue of the promissory notes of this government
than has already been issued he is hereby authorized to increase
the amount of issues to an amount not exceeding one million'
of dollars.
Sec. 7. Be it further enacted, That it shall be the duty
of the treasurer to publish monthly extracts from his books,'
showing the amounts received and the amounts paid out, s ta
ting specially to whom paid and on what claims.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIR ABE AU B. LAMAR,
President of the Senate.
Approved, 18th May, 1838.
SAM. HOUSTON.
SA JOTNT RESOLUTON
For the benefit of William Kuykendall.
Resolved by the senate and house of representatives of the1'
fepublic ofTetas in congress assembled, That the auditor of
public accounts is hereby required to audit and allow the claim
of William Kuykendall for two hundred and five dollars for a
horse and corn furnished the army of Texas.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate^
Approved 24 th May, 183S.
SAM. HOUSTON.
AN ACT
Establishing a mail route from Galveston to Matagorda and Tex*
ana.
Be it enacted by the senate and house of representatives
of the republic of Texas in congress assembled, That the ac-
tingpost master general of this republic be and he is hereby au¬
thorized and required to establish a mail route from the city of
Galveston to the towns of Matagorda and Texana, by the way
of Velasco and Quintana and contract immediately for the
transportation of the mail over said route once in every two
JOSEPH ROWE,
Speaker of the House of Representatives.
S. II. EVERITT,
President pro tem. of the Senate.
Approved, 23d May, 1838.
SAM. HOUSTON.
JOINT RESOLUTION
Appropriating Jive hundred dollars for purchasing a set of Astronom¬
ical Instruments.
Resolved by the senate and house of representatives of the
fepublic of Texas in congress assembled, That the sum of five
hundred dollars be, and the same is hereby appropriated out of
the promissory notes of the government of Texas, to be expen¬
ded under the direction of the secretary of state, for the pur¬
pose of purchasing a set of astronomical instruments for the use
iof the republic*
SOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, 17th May, 1838.
SAM. HOUSTON.
24
AN ACT
For the benefit of P. S. Wyatt.
Be it enacted by the senate and house of representatives of
the republic of Texas in congress assembled, That the sum of
twelve hundred dollars be and the same is hereby allowed to P.
S. Wyatt to be paid out of the promissory m tes of this govern¬
ment for fifty, stand of arms and monies expended by him in bring¬
ing a company of volunteers to Texas, in the year eighteen hun¬
dred and thirty-five. protudec/, that six hundred dollars of the above
appropriation shall be reserved by the treasurer of this republic,
until a similar demand shall be made by the government of the
state of Alabama on P. S. Wyatt, this proviso being made at
the request of P. S. Wyatt.
JOSEPH ROWE,
Speaker of the House of Representatives.
fMIRABEAU B. LAMAR,
President of the Senate.
Approved, 24th May, 1838,
SAM. HOUSTON.
AN ACT
Repealing the 37Ik section of an act organizing Inferior Courts.
Be it enacted by the senate and house of representatives
of the Republic of Texas in congress assembled, That so much
of the thirty seventh section of an act entitled an act organi¬
zing the inferior courts; and defining the powers and jurisdic¬
tion of the same, as requires recording before the first of April/
eighteen hundred and thirty eight, approved twentieth Decem¬
ber, eighteen hundred and thirty-six, be and the same is hereby
repealed.
JOSEPH ROWE, ,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, 10th May, 1838.
SAM. HOUSTON.
AN ACT
Establishing the County of Galveston.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the republic of Texas, in Congress assembled, That
a new county to be called the county of Galveston, be and the
same is hereby established within the following limits, viz: Em*
25
bracing the entire island of Galveston, and the waters and islands
•of the bay adjacent thereto, including Deer Islands anu that of
San Luis,'together with parts of be mainland of Brazoria and Lib¬
erty counties, nearest the bay aforesaid beginning at the mouth
•of Highland bayou, and running up the same to its source, thence
due north to the present line between the counties of Harris-
burg and Brazoria, thence east with said line to the mouth to
Clear creek; thence with the bay of Galveston to Davis' Point
(or Red Fish bar,) thence with Red Fish bar across the bay of
Potter's point, thence along the margin of East bay including
the same by the western boundary of Zavala's colony, thence
•due south to the Gulf of Mexico, thence with the coast of the
Gulf to the beginning.
I Sec. 2. Be it further enacted, That the seal of justice for
the said county of Galveston shall be fixed at the city of Gal¬
veston until otherwise directed according to law.
Sec. 3. Be it further enacted, That the chief justice for
said county shall at some early day order an election to be held
at the city of Galveston for choosing the several officers required
in organizing a new county
Sec. 4. Be it further enacted, That, the said county of
Galveston shall be attached to and form part of the Senatorial
district of Harrisburg and Liberty, and to the second judicial
district. The district courts for said county shall be held on the
last Mondays in April and October of each year, and the county
courts of said county shall be held on the third Mondays in Jan¬
uary, April, July and October of each year.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate-
Approved, May 15th, 1838.
SAM. HOUSTON.
AN ACT.
For the relief of A. C. Horton.
Be it enacted by the Senate and House of Representatives
of the republic of Texas, in Congress assembled, That the Sec¬
retary of the Navy be, and he is hereby authorized and directed
to allow A. C. Horton, at the rate of three hundred and fifty dol¬
lars per month for his services as Navy Agent from the twenty
third day of December, one thousand eight hundred and thirty-
seven, to the time of his return; and that the same shall be de-
D
2t>
ducted out of the claims novr held by the Government against
said Norton,
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B.LAMAR,
President of tho Senate.
Approved, May 2-ith, 1838.
SAM. HOUSTON.
AN ACT
To authorize the President to raise a Corps of Cavalry.
Sec. 1. Be it enacted by the senate and house of repre¬
sentatives of the republic of Texas in congress assembled, That
the president be, and he is hereby authorized and required to
raise a corps of regular cavalry, not exceeding two hundred and
eighty rank and file, to be enlisted for a term not less than, one,
nor more than three*, years, as he may deem suitable, for the pur¬
pose of protecting the south western frontier.
Sec. 2. Be it further enacted, That said corps shall, at
no time, be quartered within fifteen miles of any town.
Sec. 3. Be it further enacted, That for the purpose of
enabling the president to carry this act into effect, the sum of
fifty thousand dollars of the promissory notes of this government
be, and the same is hereby appropriated, to be paid out of the
first monies that may be paid into the treasury.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May 15th, 1838.
SAM, HOUSTON.
AN ACT
Providing for the Punishment of Offences in the Depopulated
Counties.
Sec. I. Be it enacted by the Senate and House of Repre-.
sentatives of the republic of Texas, in Congress assembled, That
In cases of offences committed in either of the counties of San
Patricio, Victoria, Goliad and Refugio it shall be the duty of the
Sheriff of the county in which such offence shall have been com"
mitted, upon the order of the Chief Justice of said county to
transport the offender or offenders to the nearest county where
tfie district courts are regularly organized and held, for trial.
21
Sec. 2. Be it further enacted, That all forrhalitiea andf
proceedings on the said'trial shall be conducted in the same man¬
ner as if the offence had been committed in the county where
the trial is held.
Sec. 3. Be it further enacted, That when one or more
persons are thus transported to any county for trial a special
court may be called in the same manner as if the offences had
been there committed.
Sec. 4. Be it further enacted, That alljudgments render¬
ed in the cases above referred to shall be executed in the county
where the trial is held.
Sec. 5. Be it further enacted, That this act shall cease
its operations in each of the above named counties whenever at
district court shall be regularly Organized* and held in the Same
respectively.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, Mav 23, 1838.
SAM. HOUSTON.
joint resolution
For the relief Aaron Colvil.
Resolved by the Senate and House of Representatives o£
the republic of Texas, in Congress assembled, That the Auditor
of Public Accounts be, and he is hereby authorized and required
to audit the claim of Aaron Colvil, for the sum of seventy-five
dollars.
Joseph rcJvve,
Speaker' of the House of Representatives.
MIRABEAU B. LAMAR,
President 6f the Senate,
Approved, May 23, IS&8.
SAM. HOUSTON.
AN ACT
To'prohibit the Bonding of Duties.
Whereas, the 5th section of an act, entitled "an' Act ttf
to raise the public revenue by Impost Duties," authorizes the
Importer, Factor or Consignee, to give bond for the payment
6f the duties on their Importations, in instalments, according
to the amount of duties, which act was approved on the 12t&
day of June 1837.
28
Sec. 1. Be it therefore enacted by the Senate and House
of Representatives of the Republic of Texas, in Congress assem¬
bled, That from and after the first day of June next, so mucb
of the aforesaid act as relates to the bonding of duties as afore¬
said, shall be and the same is hereby repealed.
Sec. 2. Be it further enacted, That it shall be the duty
of the collectors of the different ports in this Republic, where
any articles subject to duty may be imported, to hold the same
in his custody until the duties are paid, according to the true in¬
tent and meaning of this act.
Sec. 3. Be it further enacted, That the Secretary of the
Treasury be, and he is hereby required to give publicity to thi»
act as soon as practicable, and that the different collectors of
this Republic be informed through the proper channel of the
existence of this law as soon as practicable; and in case of neg¬
lect to pay the duties by the importer, within ten days, the col¬
lector shall proceed to sell the goods at auction, or a sufficient
amount thereof to pay the duties, after giving ten days notice
of such sale, and shall sell accordingly unless payment be made.
Sec. 4. Be it further enacted, That it shall not be lawful
for any collector of the customs to recieve, either directly or in¬
directly, in payment of duties, any monies except the Promisory
Notes of the Government, or gold and silver, and any person
offending against the provisions of this act, shall be dismissed
from.office, and upon conviction fined in a sum not less than one-
thousand, nor more than five thousand dollars for each offence.
JOSEPH RO WE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May 9, 1838.
SAM. HOUSTON.
AN ACT
Appointing Commissioners to view and mark out a Road from Bas¬
trop to Red River.
Be it enacted by the Senate and House of Representatives of
the Republic of Texas, in Congress assembled; That R. B. Craft,
William Barton,and Captain Lynch, be, and they are hereby ap¬
pointed Commissioners to view and mark out a Road from Bastrop,
on the Colorado River, to the TrinityRiver, at or near the upper
Three Forks, and that Baily English, Robert 31oan and Levi M.
29
Rico, be and they are hereby appointed' Commissioners to view
and mark out a road from the point on Trinity, at or near the
upper Three Forks thereof, so as to intersect the road marked
out from that point to Bastrop, on the Colorado River, to some
point on Red River, not below the Spanish Bluffs, nor above
the Cross Timbers, and it shall be the duty of the said two ap¬
pointments of Commissioners to confer with each other, fix on
the time at which they will meet at or near the Three Forks of
Trinity, so as to depart from the same point, or agree on the
yjoint at which said road shall cross Trinity River, and it shall
be the duty of said Commissioners to report to Congress at the
next Session, and shall be entitled *o three dollars per day, for
said services, out of any money in the Treasury not otherwise
appropriated; Provided, however, that they shall not be paid
for more than twenty days.
JOSEPH ROWE,
Speaker of the House of Representative®.
MIRABEAU B. LAMAR,
President of the Senate. v
Approved, May 26, 1838.
SAM. HOUSTON.
JOINT RESOLUTION
For the ben,'Jit of Hiram Wood.
Be it Resolved by the Senate and House of Representatives
of the Repblic Texas in Congress assembled, That the Treasurer
of the Republic, be, and he is hereby authorized to-pay out of the
Promissory Notes of the Government, the amount of a draft in
favor of Hiram Wood for three thousand three hundred and
twenty-two dollars for Naval supplies; out of any money in the
Treasury not otherwise appropriated, if on an examination of
the vouchers of the claim, they be found in conformity with law
and equity.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May 26, 1838.
SAM. HOUSTON.
AN ACT
Relative to the duties of the Collector of the Port of Velasco.
Be it Resolved by the Senate and House of Representatives'
3i>
of the Republic of Texas ia Congress assembled; That the Col¬
lector of the Port of Velasco be required to despatch all vessels
which maj arrive at said Port, destined to Brazoria or Colum¬
bia, forthwith to their place of destination, and to place an
officer on board of said vessels, to deliver the cargoes, and, se¬
cure Or receive the duties thereon, agreeably to law and former
"practice.
JOSEPH ROWE,
Speaker of the House of Representatives.
M1RABEAU B LAMAR,
President of the Senate.
Approved, May 24th, 1838.
SAM. HOUSTON.
AN ACT
Supplementary to aAn Act to raise a Public Revenue by Impos
Duties."
Sec. 1. Be it enacted by the Senate and House Of Re¬
presentatives of the Republic of Texas in Congress assembled;
That the powers and duties of the Collectors of the Revenue by
impost duties, and other officers concerned in the collection of
the same, and the liability of the masters and owners of vessels,-
with their cargoes, and the shippers or consignees thereof, are
hereby declared to be the same, as established by law in the
United States Of America and practiced' in the collection of
their impost duties on the 12th day of June, A. D. 1837.
Sec. 2nd. Be it further enacted, That the same penal¬
ties, disabilities and forfeitures, and the like remedies for in¬
fractions of the Revenue Law of this Republc, shall obtain and
he issued, as were established and in use in the said United
States on the 12th day of June, A; D; 1837.
JOSEPH ROWE,
Speaker of the House of Representatives.
S. H. EVERITT,
President pro tem. of the Senate.
Approved, 18th May, 1838.
SAM. HOUSTON.
AN ACT
To authorize the President to negotiate a loan on the bonds of the
Government, not exceeding jive millions of dollars.
Sec. 1. Be it enacted by the senate and house of repre¬
sentatives of the republic of Texas in congress assembled, That
the President of the Republic, for thepurpose of effecting a loan,
31
be and he is hereby authorized to issue bonds, in the name of
the Republic for such sums as may suit the purchasers thereof,
to an amount not exceeding in the whole, five millions of dol¬
lars, which bonds the President may authorize the Commission¬
ers of the loan, hereafter to be created, to sign and deliver in
any language required, after being duly countersigned by the
minister or other diplomatic agent of Texas, resident at Wash¬
ington, London or Paris, the same to be made payable to bear¬
er, bearing interest on th'c face thereof at a rate not exceeding
ten per cent per annum, and to be paid to the holders thereof, at
such time and place, and in such currency as may be agreed on,
and stipulated therein, to be made redeemable in thirty years,from
the day of date, unless the Commissioners shall think it proper
and necessary; and for that object they shall have the power to
negociate two millions of the said amount of five millions, re¬
deemable in a less time than thirty years, but not for a shorter
period than five years. And,the said Commissioners shall have
power to agree and stipulate in said bonds that the holder or
holders thereof may at any time they may choose surrender the
same, and in lieu of principle and interest due thereon, receive
any of the public lands at the minimum prices fixed by the
Government, at the time for the sale of their vacant lands, or
if said lands are sold at auction any of said holders shall be al¬
lowed to bid and pay the amount of their bids, with any of said
fionds jn like manner as they are permitted to do at the fixed
prices as above mentioned.
-Sec. 2. Be it further enacted that the said Commission¬
ers shall have power to negociate and sell such bonds for the
notes of any bank or banks whose paper shajl be at par with the
best bank paper in the city of New York or Philadelphia, and
the said Commissioners shall have power to stipulate that the
notes of any such bank or banks purchasing such bonds to the
amount of one hundred thousand dollars or more, shall be receiv¬
ed in payment of all public dues, so long as said bank or banks
shall, in the judgement of the Government of Texas, be of good
character and worthy of confidence.
Sec. 3. Be it further enacted, That the President shall by
and with the advice and consent of the Senate, appoint two com-,
missioners, whoshall have power either within the United States
or Europe to carry out the purposes and fufil the objects of this
act in the manner specified therein, and shall be subject from time
to time to such instructions as the President may communicate
to them, through the Secretary of the Treasury.
Sec. 4. Be it further enacted, That in case of the death
or resignation of either or both of said commissioners during the
recess of Congress, the President is hereby fully authorized to
fill such vacancy or vacancies, until the meeting of the next
Congress.
Sec. 5. Be it further enacted, That it shall be the duty of
said commissioners to contract with the bank of the United
States of Pennsylvania, (if practicable,) if not, with the Manhat¬
tan Bank of New York, or the Union Dank of Louisiana, to act
for the Government of this Republic as fiscal agents in the Uni¬
ted States in all matters relative to the loan authorized by this
act, for all operations within the State in which such bank may
be located, and by its agents, in other States of the United Stales
of America, also, in Europe, and when the said commissioners
shall contract any loan or sale of any bonds authorized by this
act, it shall be their duty to deposite in the said bank, or with
its agency, nearest the place, with the knowledge and approba¬
tion of said bank by its President'and Directory, the amount of
bonds corresponding with the amount of loan contracted for,
or bonds sold, which bonds shall be issued by such bank or its
agencies to .the contractors or purchasers on the payment into
the bank or its agencies to the credit of this Republic; the
amount of mony contracted to be loaned, or paid therefor, on
which payment to the credit of this Republic, the bank, or its
cashier, or the agency thereof, shall issue to the interested party
or parties the bonds, or scrip for instalments thereon to the amount
so paid, in conformity with the contract and not otherwise, and
all such money shall beheld by such bank subject to the draft of
the President of this Republic, countersigned by the Secreta¬
ry of the Treasury, and the said bank or its agencies shall noti¬
fy jthe Secretary forthwith of. all deposites made to the credit
of this Government; and the said commissioners shall corres¬
pond with the Secretary of the Treasury and inform him of all
transactions done by authority of this act.
Sec. 6. Be it further enacted, That it shall be the duty of
the Secretary of the Treasury to lay before each and every
Congress, early in every session, a full statement of all the sales
of bonds that may have been effected, showing the terms and
conditions of the same, the expenses accruing thereon, and
what dispositions have been made of the proceeds of the same.
Sec. 7. Be it further enacted, That for the punctual pay¬
ment of the interest and final redemption of said bends, the
u>blic faith is hereby solemnly pledged.
,33
Sec. 8. Be it further enacted, That all acts and parts of
Kcts coming within the purview of this act shall be, and the sairie
19 hereby repealed.
JOSEPH ROWE,
Speaker of the House of Representatives.
S. H. EVERITT,
President pro tern, of the Senate.
Approved, May 16th, 1838.
SAM. HOUSTON.
JOINT RESOLUTION
Fixing the dividing line between the counties of Bexar and Sah Pat¬
ricio.
Be it resolved by the Senate and House of Representa¬
tives of the Republic of Texas in Congress assembled, That a
direct line running from the junction Of the Cibolo or San Bar-
tolo Creek to the Rio Frio, at a point thirty miles above its junc¬
tion with the Nueces, thence in a direct line to the town of La¬
redo, shall be considered the dividing line between the bourities
of San Patricio and Bexar, arid shall be respected as such by the
Surveyors of the respective counties, provided, that this act shall
not affect rights previously acquired by surveys legally made by
the surveyors of the county of San Patricio, below the old road
from San Antonio to the presidio ofRiri Grande.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May 24th, 1838.
SAM. HOUSTON.
AN ACT
Respecting the abatement of suits #c.
Sec. 1. Be it enacted by the Senate and House of Re-
?" resentatives of the Republic of Texas in Congress assembled,1
'hat when any party may die pending any suit in any of the
courts of this Republic, the suit shall not thereby abate, but upori
the death being suggested upon the docket, it shall and may be
lawful to issue a scire Jacias returnable to the next term of the
court, which being served upon the executor, administrator,5
guardian, curator or heir, they shall be made parties to said suiL
Sec. 2. Be it fuTther enacted, That when any person hath!
r
34
©r may hereafter die intestate, and no person will administer on'
said estate, it 6hall and may be lawful for any person who hatlr
commenced any suit against such intestate in his life time and
may wish to recover the same, to issue a scire facias against
the heirs of such intestate, and in case the heirs or minors are
absent from the republic, it shall be the duty of the court to ap¬
point a guardian to such heirs as are minors for the purpose of
defending said suit, and on the return of the scire facias having
been served upon the guardians or heirs as the case may be, the
said plaintiff may prosecute his said suit to judgement and ex¬
ecution as. in other cases.
Sec. 3. Be it further enacted, That no suit now pending
or which may be hereafter brought in any of the courts by a
feme. sole shall abate by her marriage, and it shall be lawful for
the husband at the next succeeding term after his marriage to
make himself party to any such suit and to prosecute the same
as if he aad his wife had been original plaintiffs to such suit.
Sec. 4. Be it further enacted, That no suits in any of the
courts which are now pending or which may be hereafter
brought against a feme sole shall abate by her intermarriage,
but their husbands respectively may be made defendants to
such suits by scire facias, and judgement may be rendered
therein and execution issue as though such suit had been insti¬
tuted against such husband and wife jointly; Provided, that
nothing herein contained shall be so construed as to make the
husband liable for any debts contracted by said feme sole before
marriage.
Sec. 5. Be it further enacted, That when any suit shall
have been or may hereafter be commenced in the name of one
person for the use of another, and the person whose name may
be used, shall depart this life during the pending of such suit, it
shall not be necessary to revive said suit in the name of the
representative of the deceased, but said suit may be prosecuted
in the same manner as though said death had not happened, the
same having been suggested on the record.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIR A BEAU B. LAMAR,
President of the Senate.
Approved, 21th Muv, 1838.'
SAM. HOUSTON.
JOINT RESOLUTION
. Relative to the claims of Officers and Soldiers of the Army.
Resolved by the Senate and House of Representatives of
^he Republic of Texas in Congress assembled, That the Auditor
be, and he is hereby authorized and required to audit the claims
'Of officers and soldiers according to the rates heretofore allowed
.by him.
. JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of Senate.
Approved, 18th May, 1838.
SAM. HOUSTON.
AN ACT
For the relief of the heirs of certain persons therein named»
Whereas a bill providing for the settlement of deceased
soldiers estates, makes it obligatory on those administering upon
their estates to publish the act of administration three months'
before they shall be permitted to act upon the duties of that
office; and wheras; the advantges of priority of location guaran¬
teed to those who were here before the declaration of independ¬
ence will be lost, because the time to which that priority is lim¬
ited, will have transpired, and consequent injury result to their
heirs. Therefore,
Sec. I. Be it enacted by the Senate and House of Repre¬
sentatives of the Republic of Texas in Congress assembled,
That I. C. Duval and Wm. Brashear, upon the evidence of two
or more respectable witnesses testifying from personal knowl¬
edge that they are the brothers and consequently the lawful
heirs of B. H. Duval and R. C. Brashear, (who were of the
number of the unfortunate companions of Fannin,) be permited
to receive their pay, bounty land, and head rights, in the same
manner as if they had complied with the law requiring them to
administer and to publish the act of administration, and forbid-
ing them to act upon the duties of their office until the expira¬
tion of three months.
Sec. 2. Be it further enacted, That the Auditor b.e au¬
thorized and directed to audit the accounts of B. II. Duval and
R. C. Brashear, and the Secretary of War, and Board of Land
Commissioners be directed upon the evidence of two or more
36
Respectable witnesses, to issue the certificates for their bounty
Land and bead rights*
JOSEPH ROWE,
Speaker of the House or Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May 24, 1833,
SAM. HOUSTON.
AN ACT.
Supplementary la an act providing for the location of land scrip
issued under the act of congress dated 6th December, 1836 and
for redeeming the same.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the republic of Texas, in congress assembled,
That the provisions of the above recited act do, and they are
hereby declared to extend to all land scrip issued, and sold by
the authority of the government of Texas, in accordance with
law, in all respects.
JOSEPH ROWE,
Speaker of the House of Representatives.
S. H. EVERITT,
President pro tem. of the Senate.
Approved, 24th May, 1838.
SAM. HOUSTON.
RESOLUTION
Declaring John Vince the. legitimate son of Allen Vince and Matil•
da Wilbourn.
Be it resolved by the Senate and House of Repre'enta*
tives of the Republic of Texas in Congress assembled, That
John Vince son of Allen Vince and Matilda v\ ilbourn be and
he is hereby declared legitimate and capable of inheriting his
parents property in the same manner as if he had been born in
lawful wedlock.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved 24th May, 1838.
r SAM. HOUSTON,
ST
AN ACT
Providing for the payment of the the first loan to Texas,
Beit enacted by the Senate and House of Representative of
the Republic of Texas in Congress assembled, That to fulfi}
and carry into effect the contract of compromise made on the
first day of April, 1836, between the government ad interim of
Texas and the stockholders in the first loan negociated by the
{Commissioners of Texas in New Orleans on the 11th day of
January, 1836, the President of the Republic be and he is
hereby authorized to issue to the said stockholders the land
gcrip, as stipulated in said contract of qpmprorrfise.
Provided, The said scrip shall not be located until after thp
first Thursday in August next, and
Provided further, That no interest shall be allowed on said
loan, but the land hereby authorized to hp given, shall be iiy
full payment and liquidation of said Ipan.
JOSEPH ROWE,
Speaker, of the House of Representatives.
MJRABEAU B. LAMAR,
President of the senate.
Approvfd, 24th May, 1838.
SAM, ROUSTON.
JOINT RESOLUTION
For the relief of D. B. Friar•
Resolved by the Senate and House of Representatives of
he Republic of Texas in Congress assembled, That the First
Auditor be, and he is hereby directed to audit and pay the
claims ofD. B.. Friar on this government in conformity with equi¬
ty and justice and according to law.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, 24th May, 1838.
SAM. HOUSTON,
AN ACT
Better to define, the duties of Sheriffs.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the Republic of Texas in Congress assembled,
That if any sheriff shall fail to return an execution within the
Jime prescribed by law, or shall neglect to pay money recov-
o#
aCS
ered upon an execution, to the counsel of record for the plain¬
tiff in execution, there shall be rendered against such sheriff, a
judgement for the account due upon the execution, with ten per
cent damages, and also ten per cent interest per month until the
whole amount shall be paid; provided, that the party moving
for such judgement shall have given to the sheriff at least three
days notice before the motion made, which judgment may be
rendered before any court of record in the county where such
execution was issued.
Sec. 2. Be it further enacted, That in any case where
the Sheriff is a party to the suit, all process shall be executed
by the constable of the township where the court is held,in cases
where there is no coroner in the county, or if he be absent from
the seat of justice of the county at the time the process is obtained,
and in such cases the constable shall have jurisdiction co-exten-
sivc with the county.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May 24th, 1838.
SAM. HOUSTON.
AN ACT
To amend the direct tax laws.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the Republic of Texas in Congress assembled, That
it shall be the duty of the Assessors so soon as they may be notified
of their appointment to advertise in, at least, three of the most
public places within each captains beat, giving at least twenty
days notice, to all persons living within the bounds of the same,
that he will attend at the mustering grounds for said beats on a
particular day or days for the purpose of receiving a list of tax¬
able property, at which time and place he shall attend and re¬
main a sufficient length of time to enable all persons who may
attend to give in their several lists.
Sec. 2. Be it further enacted, That each and every person
giving a list of their taxable property shall take the following
oath, to be administered by the assessor, or some other person
duly authorized to administer an oath.
I, A. B. do solemnly swear (or affirm as the case may be)
that this list contains a true and perfect account of all and every
39
Species of taxable property belonging to me or in my possession
on the first day of January last, within the bounds of this Re¬
public, and what I consider to be a fair valuation of the same,
and that no change or removal of property hath been made, or*
entered into in order to evade the payment of lax, so help rnc
God.
If the Assessor, however, shall think the valuation to1 be
unfair, he may appoint two disinterested persons who shall, ttpol>
oath affix the valuation thereof, which shall be final.
Sec. 3. Be it further enacted, That if any person shaff
fail or refuse to give a list of his taxable property before the ex¬
piration of the time allowed the assessor to make his assess¬
ments, he shall be subject to pay a double tax, and the sheriff
is hereby required to collect the same and to make due returns
in like manner with other taxes, giving a correct account there¬
of; and the sheriff, in making his returns of moneys, or other
taxes by him collected shall swear and subscribe to the follow¬
ing oath, to be administered by some person duly qualified to
administer the same.
I, A. B., do solemnly swear that the list of taxes accompa¬
nying this affidavit contains a just and true account of all the
taxes by me collected up to this time, excepting such as I have;
previously made due returns of.
Sec. t« Be it further enacted, That it shall be the duty of
the several clerks of the county courts, to make out within one
month after he receives the returns from the assessor, a copy in
alphabetical order of the names of every person who has given
in a list of their taxable property, together with a list of the
property so given in by them, and valuation, and post the same
up.in the court-house where it shall remain subject to the in¬
spection of the public; and any person who shafl be guilty of
mutilating, destroying or removing the same, shall be deemed
guilty of a high misdemeanor, and upon conviction shall be
fined not less than one thousand dollars and imprisoned not less
than thirty days, and it shall also be the duty of said clerks, to
make and furnish to the sheriff a similar copy of such list of
taxable property on or before the first Monday in April succeed*
ing each return. For all of which services the county court shall
adjudge and allow said Clerks a reasonable compensation, to
be paid out of the county treasury upon their order.
Sec. 5. Be it further cfiacted, That it shall be the duty
the {Sheriffs to collect, as the law directs, all the taxes which may*
40
be due from persons of their respective counties, and in case
any person sh'Ould prove insolvent for their taxes, the sheriif
shall make a due return of all such to the clerk of the county
court, who shall make a list of the same and put it up in the
cdurt-house. ^
Sec. 6; Be it further enacted^ That all persons owning
taxable property situated without the bounds of the county in
which they Reside, in giving in a list of their property shall des-
scribe the same, particularly stating the quality, species; quan¬
tity, valuation' and in what county it is situated, and a separate
list for the property situated in different counties, lists of which
taxable property shall be transmitted to the clerk of each coun¬
ty where such property may be situated, upon which list it
shall be lawful for the county court to levy a tax for county
purposes, which tax shall be levied and collected as other coun¬
ty taxes are in such county.
Sec. 7. Be it further enacted, That it shall not be lawful1
for any County court or any corporation to levy and collect a
currency differing in character from that which is levied by
the Republic.
Sec. 8. Be it further enacted, That hereafter a direct
tax shall be levied and collected, alone, upon lands, and slaves,
horses over two, mules over two, neat cattle ovef twenty-five
in number, clocks, watches^ pleasure carriages, and town and
city !ots. Provided, that nothing in this act shall be so con-"
strued as to repeal so much of an act enforcing taxes on taverns,
grog-shops, billiard tables, merchants, nine-pin alleys and poll
tax.
Sec. 9. Be it further enacted, That in all counties where
taxes have not been given in and paid according to the laws,:
it shall be the duty of the assessor to assess, and the sheriff to
collect the taxes for the proceeding year or years, at the same
time the taxes are assessed and collected for the current year,
according to the rates established heretofore by law.
Sec. 10; Be it further enacted, That it shall be the
duty of the clerks of the county courts in the new counties
which have been created during the years 1837 and 1838, to ob¬
tain from the clerks of the counties, out of which such new
counties have been created, which were due before the division
was made which assessmeuet or tax list shall be delivered to'
the sheriff of the new county and by him collected agreeably
to law.
41
Sec. 11. Be it further enacted, That in all cases where
there is no personal property to be found whereon to destrain
for taxes on lands and lots the sheriff shall report all such lands
and lots to the county court whose duty it shall be to enter up
judgement against the same and the owners thereof for the
amount of taxes, costs and charges thereon and an order of
sale shall issue to the sheriff requiring him to sell the same, and
the return of the sheriff on such order shall be good in law as
all other sales made on a fiere facias; all lands so sold may be
redeemed by the original OAvner within twelve months from
the day sale by paying fifty per cent on the amount.
JOSEPH ROWE,
Sepeker of the House of Representatatives.
MIRABEAUB. LAMAR,
President of the Senate,
Approved, 21th May, 1838.
SAM. HOUSTON.
JOINT RESOLUTION
Providing for issuing certificates of head rights to the heirs of those
who fell with or under Fannin, Travis, Grant and Johnson.
Be it resolved by the Senate and House of Representa¬
tives of the Republic of Texas in Congress assembled, That
a certificate from the Secretary of War shall be a sufficient ev¬
idence to any of the boards of land commissioners to grant
certificates for head rights, to the heirs or legal representatives,
of those who fell while under the command of, or with, Fan¬
nin, Travis, Grant and Johnson in the spring of eighteen hun¬
dred and thirty-six.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved 24th May, 1838.
SAM. HOUSTON.
AN ACT.
Supplementary to an act granting lands to those were in the battle
of San Jacinto and other batiles.
Sec. 1. Be it enacted by Senate and House of Repre¬
sentatives of the Republic of Texas in Congress assembled, That
the conditions contained in the first section of the act to which
F
42
this is a supplement, so far as relates to the individual*
who were in the action of the lSth March, 1836, under the
commands of colonels Fannin and Waru, and also those who fell
at the Alamo under the commands of Howie and Travis arc
hereby cancelled.
Sec. 2. Be it further enacted, That the Secretary of
War is hereby authorized and require] to issue land warrants
agreeably to all the provisions of the morcsaid act, which is not
repealed by this act, to the legal representatives, in the name
of the heirs of all persons embraced in the first section of thin
act, upon the production of satisfactory testimony that the per¬
sons whom they represent were among tl ose who fell in either
of the two actions above named.
JOSEPH ROWE,
Speaker of the II mso of Representatives.
MIR A EE A TJ B. LAMAR,
President of the Senate.
Approved, May 4 th, ISoS,
SAM. HOUSTON.
RESOLUTION
For the benefit of captains Ross and Lynchers companies.
Be it resolved by the Senate and House of Representa¬
tive of the Republic of Texas" in Congress assembled, That the
Auditor be and he is hereby required to audit the discharges of
Captains Ross and Lynchc's companies for the time they were
actually in service.
JOSEPH ROWE,
Sacaker of the House of Representatives.
MIR A BEAU B. LAMAR,
President of the Sanste.
AN ACT
For the. relief of George. Sutherland.
Be it enacted by the Senate and House of Representatives
of the Republic of Texas in Congress assembled, That the
Auditor be authorized and required to audit the claim of George
Sutherland for fourteen hundred dollars, it being for corn, eat-
tle and hogs furnished the army.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR.
President of the Seriate.
. Approved, May 34th, 1838.
SAM. HOUSTON
43
AN ACT
D fining the. boundaries of Austin county.
Be it enacted by the Senate and House of Representatives
*>f the Republic of Texas, in Congress assembled, That all
the territory comprehended within the following limits shall
compos:; the territory belonging to tile county of Austin (to wit:)
Beginning on the Sin Bernard at the lower line, of Coles'
league of land, thence in an eastwardly direction with the
the upper line of Fort Bend "ounty to ttie north east corner of
said lane on Buffilo-B.tvou, thence in a northwardly direction
with the county line between Harrisburgand Austin the to head
of Spring Creek, thence in a direct line to the head of Pond
Creek, thence to the mouth of Reasons Creek, thence crossing
the Brazos river to the" mouth of Caney Creek, and up said
creek with the line of Waslfngton county to its source, thence*,
with said line to a league of land granted to Harmon Hans-
Icy, thence to a league of land granted tor David Shcfby, thence
in a direct line to a league of. -btnd"j*rantcd to Samuel C. Pet-
tus, including said land, 'thence in a direct line to the head of'
San Bernard and down the same to the place of beginning.
JOSEPH ROWE,
Speaker of (be H >'iso of Representatives.
AIIllABEAU 13. LAMAR.
President pro tern.,ofthe Senate.
Approvod, 24th May, 1838, ~
SAM. HOUSTON.
' k AN ACT" "
Supplementary to. an act entitled "An-act to authorize the Clerks of
the several Courts to cm point deputiesf approved December
Be it enacted by the 'Senate an 1 House of Representor
lives cf the Republic of Texas in Congress assembled, That the
Clerk of the Supreme'Court, be, and he is hereby authorized to
appoint a deputy upon the terms and conditions prescribed to
clerks of the district and county courts, in the act entitle "an
act to authorize the clerks of the several courts to appoint
deputies," &c. Approved December, 24st 1837.-
JUSEPH ROWS,
Speaker of the House of Representatives.
MIRABEAU 13. LAMAR",
President of the Senate.
Approved 24th May, IS38.
, SAM. HOUSTON.
44
AN ACT
Defining the boundaries of the counties of Bastrop and Gonzales.
Be it enacted by the Senate and House of Representatives
of the Republic of Texas in Congress assembled, That from
and after the passage of this act the following shall be the
line between the counties of Bastrop and Gonzales; beginning
at the north east corner of a tract of land granted one Stiflan.
thence to its north west corner, thence to the north west corner
of a league granted to S. Hall, thence northwest with aline
run and marked by Bartlett Sims, for the line between De Witt's
Colony and S. F. Austin to the San Antonio road, thence wes¬
terly with the same to the Guadaloupe, up the same to the north
west corner of Williams colony, thence north seventeen degrees
east to the dividing ridge between the Colorado and Brazos,
thence down the same closing on Fayette.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIR A BEAU B. LAMAR,
President of the Senate.
Approved, May 24th, 1838.
SAM. HOUSTON.
JOINT RESOLUTION
For the relief John Murray.
Resolved, by the senate and house of representatives of
the republic of Texas in congress assembled, That the Treas¬
urer of this rebublic be, and he is hereby authorized and required
to pay captain John Murray, with the promissory notes of the
government, the sum of two thousand one hundred and one dol¬
lars and thirty-five cents, being the balance due on his draft au¬
dited IGth July 183G, at Yelasco, which audited draft shall be
the voucher for the Treasurer.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May 26th, 1838. SAM. HOUSTON.
AN ACT
Granting a pension to Mary Millsnpps and family.
Sec. 1. Be it enacted by the senate and house of reprc.
sentatives of the republic of Texas in congress assembled, That
from and after the passage of this act a pension of two hundre
45
dollar* pen annum, for ten years, shall be ami the same is here¬
by allowed and granted to Mary Millsaps and her children.
See. 2. Be it further enacted, That it shall be the duty of
the Secretary of the Treasury to pay the said pension semi-annu¬
ally in advance, out of any money in the Treasury not otherwise
appropriated.
Sec. 3. Bo it further enacted, That an amount of money
sufficient to meet the demand as aforesaid is hereby especially
appropriated.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, 21st, May 1838.
SAM. HOUSTON.
AN ACT
For the relief of M. B. Menard.
Be it resolved by the senate and house of representatives
of the republic of Texas in Congress assembled. That the au¬
ditor be and he is hereby directed to audit the accounts of M.
B. Menard, for the sum of twenty-one hundred dollars /or his
services as Commissioner of the Republic of Texas to the Uni¬
ted States of America,
JOSEPH ROWE,
Speaker of the House or llenresentatives.
MIRABEAU B. LAMAR,
President of the Senate.
Approved, May 24, 1831
SAM. HOUSTON.
AN ACT
To defne the boundary line of the county of Montgomery.
Sec. I. Be it enacted by the Senate and House of Repres¬
entatives of the Republic of Texas in Congress assembled,
That the boundaries of the county of Montgomery shall be as
hereinafter expressed, to wit: beginning at a point on the east
side of the Navasoto river where the San Antonio road crosses
the same, thence eastward'ly with said road to the Trinity river,
thence down said river to the boundary line of the county of
Liberty, thence west and south with the boundary line of said
county, till it strikes the northern boundary line of the county
•f Harrisburg, thence west with the boundary line of said county
T
46
to the county of Austin, thence with said counly line to the
Brazos river, thence up said river to theNavasoto, thence up the
Navasoto to the place of, beginning.
Snc. 2. Be it further enacted, That all acts and parts,
coming within the purview and meaning of this act, be, andi
the same arc hereby repealed.
JOSEPH ROWE,
Speaker of the House of Reprenta lives..
MIR ABE AU B. LAMAR;,
President of the Senate..
Approved, 2ith May, 1538.
SAM. HOUSTON.,
RESOLUTION
For the benefit of Sidney Sherman.,
Resolved by the Senate and House of Representatives of
the Republic of Texas in Congress assembled, That Sidney
Sherman be, and he is hereby allowed tbe sum of three thousand
nine hundred and seventy three dollars and seventeen cents for
services rendered the government and money expended for the
same, the amount to be pai I in the promisory notes of the gov¬
ernment, and that the auditor be and he is hereby required to
audit his accounts to that amount.
JOSEPH ROWE,
Speaker of the House of Representatives.
MIR ABE AU B. LAMAR*.
President of the Senate..
Vetoed by the President and passed by a Constitutional ma-,
joritv of the House of Representatives.
JOSEPH ROWE,
Speaker of the House of Representatives.
May 17th, A. D. 1838.
Vetoed by the President—reconsidered and passed by at
unanimous vote of the Senate, 19th May, 1838.
M1RABEAU B. LAMAR,
President of the Senate.,
JOINT RESOLUTION.
For the benefit of John Talbott.
Be it enacted by the senate and house of representatives of
the republic of Texas in congress assembled, That the. Secre¬
tary of War be and he is hereby authorized and required to.
47'
'bsue to John Talbott a land warrant for twelve hundred and
eighty acres of bounty land, for lib services as Armorer at Gal¬
veston Island^ Provided, always, that twelve hundred and eighty
acres is to be the full'arnOunt of bounty land the said Talbott
shall receive for past services.
Sec. 2. Be it further enacted, That the Auditor is here¬
by directed to audit the said Talbott's claims on the government
for pay to the amount of fifty dollars per month for such time
as he acted, as master Armorer; deducting the amount he may
have received.
JOSEPH ROWE,
Sueaker of the House of Representatives.
MIRABEAU B; LAMAR,
President of the senate.
Approved, 2dth May, 1838,'
SAM. HOUSTON.
JOINT RESOLUTION
Establishing certain mail routes therein named.
Sec. 1. Be it resolved by the senate and house of repre¬
sentatives of the republic of. Texas in congress assembled^
That there shall be a mail route established* by this act,, from,
the town of Bastrop to the residence of Reuben Ilornsleys, on.
the Colorado river.
Sec. 2. Be it further resolved, That there shall be estab¬
lished a mail route from the town of Anahuac, in the county of
Liberty, to the house of. Thomas Siubblefield;on Trinity river,,
in said countyalso, a route from the town of Shelbyville, in
Shelby county, to .the town of Milam in Sabine county, by the
wav of Hamilton on the Sabine river..
JOSEPH ROWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
President of the Senate.-,
Approved, 24th May, 183S..
SAM. HOUSTON
AN ACT
For the relief ofperso>is therein named..
Sec. 1. Be it enacted by. the senate and house of repre--
scntatives of the republic of Texas in congress assembled, That
the First Auditor be, and he is hereby authorized and required!
to audit the accounts of John II, Miller, for eighty dollars; off
48
I>umel Tyler for sixty three dollars; of O. B. Hardeman for
two hundred dollars; of William Lancy for thirty dollars per
month for the time he served as cook to the hospital, according
to the vouchers.
Sec. 2. Be it further enacted, That the auditor he, and ho
Is hereby authoiized and required to audit the claim qf George
C. Childress for the sum of one thousand dollars with interest
from the twentieth of March, eighteen hundred and thirty-six, at
eight per cent, per annum.
Sec. 3 Be it further enacted, That the said Auditor
he, and he is hereby authorized and required to audit the
claim of one hundred and fifty dollars in favor of M. A.
Bingham; a draft drawn in favor of Isom Parker, on the 6th
of March, 1836; also of S. Booker for two hundred dollars for
& grey raare, valued at that price, lost in the service.
JOSEPH HOWE,
Speaker of the House of Representatives.
MIRABEAU B. LAMAR,
Pre§jdent of the Senate,.
Approved, 18th, May, 1838.
8AM.IIOUSTON.
An act for the removal of county seats of justice, - - - - - 1
Aa act supplementary to an act creating the county ei" Fayette, - - 2
An act securing the right of Appeal. 2
An act to repeal a part of an act incorporating the town of Genzales, 3
Joint resolution authorizing the president and commissioner of the general
land office, to issue Titles to purchasers of lots in Galveston Island, • - 3
An act authorizing the president to appoint Notaries Public, • - 4.
A bill to incorporate an I define the Senatorial District of Austin, Colorado
and Fert Bend,' * 4.
Joint resolution for the relief ef John F. Kemper, 5 :
An act to amend an act incorporating the city of San Antonio and ether
towns, ... . . . - .. . - .5^
An act for the relief of Robert Hodge, - - - -6
An act for the benefit of John R. Foster. .... 7
An act to-provide for settlement of deceased Soldiers Estates, • - 7
An act providing for the location of Land Scrip, issued by an act of con¬
gress dated the 6th day of December, 1836, and'fgr redeeming the same,. - T 9-
An act authorizing the payment of the interest of the FundedDebt, -
Joint resolution for the relief of J. \V. Faiinin, .... 10
An act for the relief of F. Neblin. - - - - 10
Joint resolution in favor of the officers and Crews of the schooners of war
Invincible and Brutus, - - - - - - -11
An act appointing Pilots, Hi
Ah act to provide for the foreclosing of Mortgages on real and person es¬
tate#, - - - - - - - - 12
An act te incorporate the Brazos and Galveston Rail Road Company, - 14
An act to incorporate the Caney Navigation Company, -- - 17
Resolution for repairing the President's house, and purchasing Furniture, Id
Joist resolution supplemental- t to a joint resolution for tlse relief of John
J. lima, approved December iO. 1837. - - - - - 15
Ah aet te amend an act entitled an act establishing the District Courts, 19
An act to authorise the president to re-issue the promissory notes of the
Internment, us they return into the treasury, and making special appropriations, 21
A joint resolution for the benefit of*£Vi!liam Knykendall, - - - 22
An act establishing a mail route from Galveston to Matagorda and Texana, 23
Joint resolution appropriating five hundred dollars for purch .sing a &ct of
Astronomical fndrumeuts, ......... ©3
An act for the benefit of P. S Wyatt, ...... 24
An act repealing the 37th section of un act organizing Inferior Courts, 24
An act establishing the County of Galveston, 2 3
An act for the relief of A. C. i or'.on, - - - 2-5
An act to authorize the president to raise a corps of Cavalry, - - 1X5
An act providing for the punishment of ofthnccs in the depopulated coun¬
ties, ......... $0
Joint resolution for the relief of Aaron Calvil, 27
An act to prohibit the Bonding of Duties, - - - 27
An aet appointing commissioners to view and mark out a Road from Bas¬
trop to Red River, ....... 28
Joint resolution for the benefit of Iliram Wood, - - 29
An act lelative to the duties of the Colleclor-of the Port of Velasco, lit)
An act supplementary to "an act to raise a Public Revenue by impost du¬
ties," - - - - - - - ^
Au act to authorize the president to negotiate a lean on the bonds of the
Government, not exceeding five millions of dollars, 30
Joint resolution fixing the dividing line between the counties of Bexar and
San Patricio, ........ 33
An act respecting the abatement of suits, &c., 33
Joint resolution relative the el lims of officers an 1 soldiers of the army, 30
An act for the relief of the heirs of certain peisons therein named, 35
An act supplementary to an act providing for the locution of land scrip is¬
sued under the act of congress dated Mb December, 1836, and for redeeming
tiia same. ........ -38
Resolution declaring John Vines "the legitinnte son of Allen and Matilda
Wilboura, 35
An act providing for the payment of the first loan to Texas, . . 37
Joint resolution tor the reiiel of D. B. . riar, .... 37
An act better to define the duties of Sheriffs, ' . . 3/
An act to amend the Direct Tax laws, ...... 33
Joint resolution providing for issuing certificates of head rights to the heirs
of thoss-who fell witti or under Fannin, '1 ru\ s, Grant and Johnson, . 41
An act supplementary to an actgrauliug lands to those who wore in the Lat-
tla of San Jacinto and others battles, ....... M
Resolution for the benefit of captains Ross and Lynehe's companies, . 44
An act for the relief of George Smheihnd, 41
An act defining the boundaric^of An in county, .... 43
An act supplementary to an aet entitled "An aet to authorize the Clerks of
«he several courts to appoint deputies," approved December 31 st, 1837, . 43
An act defining the boundaries of the counties of Bastrop and Gouzidis, 44
Joint resolution for the relief of John Murray, . .... 44
An act granting a pension to Mary Mdl-aps and family. . . 44
An act lor the relief of M. B. Menard, . . 45
An act to define the boundary line of the county of M. ntgomery, . 45
Resolution for the benefit of Sidney Sherman, . .46
Joint resolution for the benefit of John Talbott, . . .46
Joint resolution rstablishing certain mail routes therein named, . 47
As eet for tire relief of persons therein numed- . . 47
JOURNALS
OF THE
SENATE,
OF THE
CALLED SESSION OF CONGRESS CONVENED AT
THE CITY OF HOUSTON, ON THE 25TH
DAY OF SEPTEMBER, 1837;
AND OF THE
REGULAR SESSION, ON THE SIXTH DAY
OF NOVEMBER, 1837.
—oooo Ooooo—
HOUSTON:
NATIONAL BANNER OFFICE—NILES & CO., PRINTERS.
1838.
REPORT
OP THE
PROCEEDINGS OF THE SENATE.
Agreeably to the Proclamation of His Excellency the
President, the Senate met in the Senate Chamber at the
City of Houston.
On motion of Mr. Wilson, Mr. Everitt was called to the
Chair, and Arthur Robertson was appointed Secretary
pro tern.
There not being a quorum present, on motion of Mr,
Augustin, the Senate adjourned till to-morrow 10 o'clock,
A. M. ARTHUR ROBERTSON,
Sec'ry. pro tem.
September 26th, 1837.
The Senate met pursuant to adjournment. The roll
being called, but eight members were found to be pre¬
sent ; there not being a quorum, on motion of Mr. Rob¬
ertson, the Senate adjourned till three o'clock P. M.
A. ROBERTSON,
Sec'ry, pro tem.
three o'clock, p. m.
The Senate met pursuant to adjournment; the roll
was called, and no quorum being present, the Senate ad¬
journed until to-morrow 10o'clock, A.M.
A. ROBERTSON,
Sec'ry. pro tem.
Sept. 27th, 1837.
The Senate met pursuant to adjournment; a quorum
( 4 )
being present, the Senate proceeded to the election of a.
President pro tem.
Mr. Wharton nominated Mr. Everitt, and the question
being put, Mr. Everitt was elected without opposition,
and Messrs. Barnett and Raines were appointed to con¬
duct him to the Chair.
The President pro tem. then addressed the Senate at
some length in acknowledgment of the honor conferred
upon him.
The following officers were then chosen—viz :
Arthur Robertson, Chief Secretary.
Manasseh Sevey, Assistant Secretary.
Oscar Farrish, Engrossing Clerk.
E. L. Stickney, Enrolling Clerk.
A. M. Tompkins, Reported.
N. T. Byers, Sergeant-at-Arms.
James G. Wilkinson, Door-Keeper, and were sworn
by the President, pro tem.
The following Senators then took the oath prescrib¬
ed by law—vizi
Mr. Barnett, from Washington;
Mr. Burton, from Nacogdoches;
Mr. Raines, from Shelby and Sabine:
M. Green, from Bexar; and
Mr. Wharton, from Brazoria.
On motion of Mr. Wharton, a committee was appointed
to Wait on the House of Representatives to inform them
that the Senate was organized, and ready to proceed to
business.
Messrs. Wharton and Augustin were appointed said
committee.
Mr. Barnett offered a joint resolution to appoint a com¬
mittee, to act in conjunction with one from the House of
Representatives, to wait on the President, and inform
him that the two Houses of Congress were organized and
ready to receive any communication he might have to
make.
The resolution received a first reading, and the rules
being suspended, it was read a second and third time
and adopted.
Messrs. Branch and Gazley, a committee from the
House, announced that the House was organized and
( 5 )
ready to proceed to business,—having chosen the fol¬
lowing officers—viz:
Joseph Rowe, Speaker ;
John M. Shreve, Chief Clerk;
Francis R. Lubbock, Assistant Clerk ;
Thomas Green, Engrossing Clerk ;
G. G. Stratton, Sergeant-at-Arms ;
Solomon Johnson, Door-Keeper;
Also, that the House had concurred in the joint reso¬
lution to appoint a committee to wait on the President,
and have appointed on the part of the House of Repre¬
sentatives, Messrs. Gant of Washington, Jones'of Bra¬
zoria, and Thompson of San Augustine, said committee.
On motion of Mr. Robertson, the Senate then adjourn¬
ed till 3 o'clock, P. M.
three o'clock, p. m.
The Senate met pursuant to adjournment; a quorum
•not being present, the Sergeant-at-Arms was sent in
search of absent members.
A quorum being present, Mr. Barnett, from the joint
committee appointed to wait upon the President, report¬
ed that His Excellency the President requested leave, in
consequence of his own, and his private Secretary's ill
health, to delay his communication until to-morrow 10
o'clock, A. M.
On motion of Mr. Barnett, a committee of Privileges
and Elections was appointed by the President pro tem.,
consisting of Messrs. Barnett, Raines and Augustin.
On motion of Mr. Barnett, a committee was appointed
to solicit a Clergyman to perform the duty of Chaplain
of the Senate for the ensuing session : Messrs. Barnett,
Burton, and Green, were appointed said committee.
On motion of Mr. Robertson, the Senate adjourned till
to-morrow 10 o'clock, A. M.
Sept. 28th, 1837.
The Senate met pursuant to adjournment; the jour¬
nals were read and approved.
A petition was presented from the inhabitants of Na¬
cogdoches respecting locating and surveying lands, and
was referred to the committee on public lands.
1*
( 6 )
The President nominated the following standing com¬
mittees :
Committee on Foreign Relations : Messrs. Wharton,
Barton and Everitt.
Finance: Messrs. Green, Lester and Robertson.
Military Affairs: Messrs. Burton, Green and Augus-
tin.
Naval Affairs: Messrs. Wilson, Raines and Robert¬
son.
Public Lands: Messrs. Barnett, Horton and Whar-
tom
Some communications were received from the Secre¬
tary of State, and were referred, on motion of Mr. Whar¬
ton, to the committee on Privileges and Elections.
Mr. Barnett, Chairman of the Committee on Privile¬
ges and Elections, to which were referred the credentials
of new members, reported in favor of Messrs. Raines,
Burton, Wharton and Barnett,—but that the committee
were not satisfied of the constitutionality of the election
of Mr. T. J. Green from Bexar.
On motion of Mr. Wharton, the report was adopted.
Mr. Robertson introduced a resolution to appoint a
committee to take charge of the rooms in the Capitol,
over the Senate Chamber, which was adopted; and
Messrs. Robertson, Augustin and Lester, were appointed
said committee.
Mr. Augustin introduced a joint resolution to author¬
ize the Attorney-General to purchase, under certain re¬
strictions, digests of the acts of the United States Con¬
gress, and of the several States, as far as practicable:
also, of Coahuila and Texas ; and any other law books
which may beseemed necessary for the use of the Go¬
vernment ; read a first time and laid on the table.
Mr. Barnett, trom the special committee to solicit a
clergyman to perform the duties of chaplain, reported
that Mr. Matthews had consented to act on condition
that his services would not be required for ten days, in
consequence of ill health,—and the report was accepted.
A petition was presented from Messrs. Hood and Als-
bury, respecting the election of Mr. Green from Bexar.
On motion of Mr. Wharton, it was referred to the com¬
mittee on Privileges and Elections.
( 1 )
On nomination, by the President, Messrs. Augustin,
Dunn and Wilson, were appointed a standing committee
on contingent expenses, and Messrs. Burton, Wilson and
Wharton, committee on engrossed bills.
A message was received from His Excellency the
President of the Republic, by his private secretary, Mr.
Henriques, stating the object of convening Congress, and
was read by the Secretary of the Senate.
On motion of Mr. Wharton, so much of the President's
message as relates to foreign affairs was referred to the
Committee on Foreign Relations, and so much as'related
to the land law was referred to the Committee on Public
Lands.
On motion of Mr. Wharton, live hundred copies of the
President's Message were ordered to be printed.
Mr. Wharton, at his own request, was excused from
the committee on public lands.
On nomination by the President, Messrs. Barnett,
Burton and Robertson, were appointed a committee on
printing.
Mr. Wharton introduced a resolution requesting the
Secretary of State to communicate to the committee on
foreign relations, as much of the correspondence on Cer¬
tain subjects, between this government and the United
States, as would be consistent with the public interest—
adopted.
Mr. Green introduced a resolution, to instruct the com¬
mittee on Finance to call upon the Secretary of the Trea¬
sury for information connected with his department—
adopted.
Mr. Wilson introduced a resolution requiring the Sec¬
retary of the Navy to furnish the committee on Naval Af¬
fairs with information connected with his department—
adopted.
On motion of Mr. Wilson, the Senate adjourned till
to-morrow 10 o'clock, A. M. '
Sept. 29th, 1837.
The Senate met pursuant to adjournment; the jour¬
nals were read and approved.
Mr. Green presented certain documents relative to the
election of the Senator from Bexar; and on motion of the
( 8 )
same gentleman, they were referred to the committee
on Privileges and Elections.
Mr. Wharton informed the Senate that the committee
on foreign relations would report to-morrow.
Mr. Burton, chairman of the committee on printing,
presented their report-—which was received.
A document concerning elections was received from
the Secretary of State, and referred to the committee on
Privileges and Elections.
The rules for the government of the Senate were read
by the Secretary.
On motion of Mr. Wharton, the rules for the govern¬
ment of the Senate were referred, for revision, to a spe¬
cial committee, and Messrs. Wharton, Burton. and Bar-
nett were appointed said committee.
The President then nominated the following standing
committees—viz:
On Indian Affairs: Messrs. Burton, Green and Rob¬
ertson.
Claims and Accounts: Messrs. Horton, Lester, Barnett.
Judiciary : Horton, Raines and Wharton.
Roads, Ferries and Bridges: Raines, Barnett, Lester.
On motion of Mr. Green, the Senate went into secret
session.
The doors being opened, the resolution instructing the
Attorney-General to purchase certain books for the use
of the Government was read a second time.
Mr. Wharton introduced a joint resolution suspending
the operation of the law passed last session for the open¬
ing of the land office—read a first time, and the rules be¬
ing suspended, it was read a second and third time, and
passed unanimously.
On nomination by Mr. Barnett, the President pro tern,
was appointed to fill the vacancy in the committee on
Public Lands, occasioned by the resignation of Mr.
Wharton; and on nomination by Mr. Robertson, Mr.
Burton was added to said committee,
Mr. Burton introduced a resolution authorizing the
committee on Military Affairs to call upon the Secretary
of War for information concerning his department; read
a first time.
Mr. Wilson moved a suspension of the rule; upon
which Mr. Burton, at the request of the President, took
( 9 )
the chair, and Mr. Wilson's motion being put was nega¬
tived.
The President then resumed his seat.
A joint resolution was received from the H&nse re¬
specting rules for the government of Congress; concur¬
red in, and referred to the special committee, to which
were referred the rules for the government of the Sen¬
ate.
At the request of the President pro tem. Mr. Raines
took the Chair."
On resuming the chair, the President nominated
Messrs. Barnett, Augustin and Lester, the standing com¬
mittee on County Boundaries.
Mr. Burton introduced a resolution authorizing the
committee on Indian Alfairs to call upon the President of
the Republic, and the Secretary of State, for information:
read first time, and laid on the table.
On motion of Mr. Wharton, the committee on Printing,
was instructed to have 500 copies of each number of the
Telegraph distributed equally to the Senators during the
session.
On motion of Mr. Wharton, the Senate adjourned till
3 o'clock, P. M.
three o'clock, p. m.
The Senate met pursuant to adjournment.
A substitute for the Bill respecting the opening of the
land office, which had been sent to the House for con¬
currence, was received and adopted.
A joint resolution was received from the House ap¬
pointing a committee to act, in conjunction with one
from the Senate, to enquire into the expediency of select¬
ing a permanent location for the Seat of Government;
which was concurred in, and Messrs. Lester, Raines and
Wharton were appointed said committee on the part of
the Senate.
On motion of Mr. Wharton, the Senate adjourned till
to-morrow 10 o'clock, A. M.
September 30th, 1837.
The Senate met pursuant to adjournment, the journals
were read and approved.
( 10 )
The Senate then went into secret session.
The doors being opened, Mr. Barnett presented a peti¬
tion from N. T. Byers, and P. M. Mercer, and on motion
of same gentleman, it was referred to the committee
on Claims and Accounts.
Mr. Wilson, chairman of committee on Naval Affairs,
reported by a communication from the Secretary of the
Navy, which on motion of Mr. Wharton, was laid on the
table.
Mr. Burton introduced a resolution appointing a com¬
mittee to wait on the President of the Republic, • and
make inquiries, respecting the Navy Department.
On motion of Mr. Wharton, the rules were suspended,
and the resolution was adopted. Messrs. Burton and
Wilson were appointed said committee.
Mr. Wharton introduced a resolution admitting certain
persons, therein designated, within the bar of the Senate ;
laid on the table.
Mr. Burton, chairman of the committee on printing,
presented a communication from Messrs. Cruger and
Moore, public printers, which on motion of Mr. Wharton,
wajs referred to the committee on printing.
On motion of Mr. Barnett, the President of the Senate
was added to the committee on Claims and Accounts.
Mr. Barnett then took the chair.
Mr. Wharton, chairman of the special committee, to
which were referred the rulesfor the government of the sen¬
ate, reported, and on motion of same gentleman, the rules
were read by sections.
Mr, Wharton moved an amendment to ,section 7th, and
the motion being put, was lost.
On motion of Mr. Everitt, the following addition was
made to section 8th—viz:
"And for every failure to attend the Senate at the hour
of adjournment, they shall be fined one dollar, to be col¬
lected of the delinquent by the Sergeant-at-Arms, who
shall be entitled to the fine."
On motion of Mr. Wharton, the word "gallery" in
section 18th was struck out and the words "Senate-cham¬
ber" substituted.
On motion of Mr. Wharton, section 25th was struck
out.
On motion of Mr. Wharton, the word "one" in section
( 11 )
30th was struck out, and the word "eleven" substituted.
On motion of Mr. Everitt, the following addition was
made to section 39th—viz:
"And in all cases of removal of the injunction of secre¬
cy, remarks on personal reputation are and shall be for¬
ever excepted, unless unanimously, and expressly other¬
wise ordered by the Senate."
On motion of Mr. Everitt, the following section was
added to the rules of the Senate :
"The above named rules are hereby adopted by the
Senate, and Jefferson's Manual is adopted as a book of
reference for the explanation of the above and other
rules, or when the above rules are silent."
On motion of Mr. Everitt, one hundred copies of the
above rules were ordered to be printed,
Mr. Wharton introduced a joint resolution? appointing a
special committee to suggest amendments to the consti¬
tution ; read first time.
Mr. Wilson introduced a joint resolution appointing a
committee to enquire into the expediency of establishing
the office of Interpreter, and appointing a Translator for
the General Land Office: read first time. '
The order of the day was then taken up.
The joint resolution providing for the purchase of books
for the use of Government was read a third time, and
passed. *
The resolution instructing the committee on Indian
Affairs, to call upon the President and Secretary of
State for information, was taken up on its second reading
and adopted.
On motion of Mr. Augustin, the Senate adjourned till
Monday 10 o'clock, A. M.
October 2nd, 1387.
The Senate met pursuant to adjournment; there being
no quorum present on account of the illness of Mr.
Green.
On motion of Mr. Wharton, the Senate adjourned until
3 o'clock, P. M.
3 o'clock, .p m.
The Senate met pursuant to adjournment; there not
( 12 )
being a quorum present, the Senate adjourned till to-*-
morrow 10 o'clock, A. M-
October 3rd, 1837.
The Senate met pursuant to adjournment; there not
being a quorum present on account of the continued ill¬
ness of Mr. Green, on motion of Mr. Wharton, the Sen¬
ate adjourned till 3 o'clock, P. M.
3 o'clock, p. m.
The Senate met pursuant to adjournment. A mes¬
sage was received from the House, stating that the
House consented to the Senate's adjourning to the resi¬
dence of Mr. Green, and no quorum being present, on
motion of Mr. Wharton, the Senate adjourned immedi¬
ately to Mr. Green's residence.
On meeting at Mr. Green's room, a quorum being pre¬
sent, Mr. Wharton, Chairman of Committee on Foreign
Relations, to which was referred so much of the Presi¬
dent's message as related to the Northern and Eastern
boundary line of this Republic, reported.
On motion of Mr. Wilson, the rules were suspended,
and it was read a second time by its caption-
On motion, of Mr- Wilson, 100 copies were ordered to
be .printed,
Mr. Wilson, Chairman of Committee on Naval Affairs,
submitted a report; read a first time.
A message was received from His Excellency the
President, requesting leave to delay his communication
concerning Hon. S. R. Fisher j referred to thq Commitr
tee on Naval Affairs.
On motion of Mr. Burton, the Senate adjourned till
10 o'clock to-morrow.
October 4th, 1837-
The Senate met pursuant to adjournment: no quo¬
rum present.
On motion of Mr. Wharton, the Senate went into se¬
cret-session.
On the doors being opened, the Sergeant-at-Arms was
ordered to proceed in search of the absent Senators from
Matagorda and San Patricio; and Mr. John Hadnought,
( 1? )
was appointed assistant Sergeant-at-Arms during his
absence.
On motion of Mr. Burton, the Senate adjourned till to¬
morrow 10 o'clock, A. M.
October 5th, 1837.
The Senate met pursuant to adjournment.
Mr. John Hadnought, the Assistant Sergeant-at-Arms,
-tvas sworn; t here hot being a .quorum on account of the
continued indisposition of Mr. Green, on motion of Mr.
Robertson, the Senate adjourned till to-morrow 10 o'clock,
A. M.
October 6'th, 1837.'
The Senate met pursuant to adjournment ; no quorum
present, in consequence of the sickness of Mr. Green.
A message was sent to tne House requesting leave to
adjourn to the residence of any sick member, or mem¬
bers, whenever the Senate might deem it expedient so
to do : which request was granted by the House.
On morion of Mr. Wharton, the Senate adjourned to
the residence of Mr. Green.
The Senate having met pursuant to adjournment, at
the room of Mr. Green from Bexar, Mr. Burton,, from the
Committee orr Indian Affairs, stated that in consequence
of the indisposition of His Excellency the President they
were unable to report.
Mr. Burton introduced a resolution, that a committee
of two be appointed to request his Excellency to com¬
municate to the Senate, respecting Indian and Naval Af¬
fairs.
The committee, Messrs. Burton and Augustin, having
proceeded forthwith to wait upon his Excellency, report¬
ed, that in consequence of indisposition he was unable
at present to communicate.
Mr. Burton submitted a resolution instructing the
President to place the Hon. S. R. Fisher in full exercise
of his duties, as Secretary of the Navy, until the charges
and specifications of his Excellency are made : read first
time, and, on motion of Mr. Wharton, read a second
time and unanimously adopted.
2
( 14 )
Order of the day.
The report of Committee for the disposition of rooms
in the Capitol waS read a first time.
Report of Naval Committe was read a second time,
and the report referred to the Naval Committee.
Mr. Burton moved to clothe the Naval Committee with
power to send for persons, and papers: adopted.
A resolution to admit certain persons within the Bar
of the Senate, was read a second time and adopted.
A resolution appointing a committee to suggest amend¬
ments to the Constitution, was read a second time, and
ordered to be engrossed.
A resolution to appoint a commit!ee to enquire into the
expediency of appointing an Interpreter and Translator
of languages, to be connected with the General Land
Office, was read a second time and adopted.
Committee, Messrs. Wilson, Robertson and Whar¬
ton.
Mr. Wharton submitted a resolution to authorize the
Chairman of the Committee on Printing to take as many
or few papers, as he thought proper : adopted.
On motion of Mr. Raines, the Senate adjourned until
3 o'clock, P. M.
THREE O'CLOCK, P. M.
The Senate met: pursuant to adjournment.
Mr. Burton offered a resolution appointing a commit¬
tee to wait on the President, to request him to make the
expected communications concerning the Navy Depart¬
ment, and Indian Affairs, which was adopted, and
Messrs. Burton and Auguslin were appointed said com¬
mittee.
Mr. Burton introduced a resolution instructing His
Excellency to reinstate the Hon. S. R. Fisher in the ex¬
ercise of his official duties, which was adopted.
Mr. Wilson, Chairman of Committee on Naval Affairs,
submitted a report accompanying an act for the purchase
of two armed brigs, which was read and recommitted to
the Committee on Naval Affairs.
On motion, Messrs. Everitt, Wharton, and Burton,
were added to said committee.
( 15 )
On motion of Mr. Robertson, the Senate adjourned till
to-morrow 10 o'clock, A. M.
( . October 7th, 1837.
The Sennte met pursuant to adjournment.
The report, of the Naval Committee was received and
laid on the table till called up.
On motion, Mr. Wharton was added to the Committee
on Public Lands.
Mr. Everitt moved that a committee be appointed to
draft a land bill forthwith,, and to ask the co-operation of,
the Committee on Public Lands of the House of Repre¬
sentatives, and the rules being suspended, it,passed.
Mr. Everitt introduced a resolution that the President
furnish the Senate with a list of officers, both civil and
military, their respective pay, &c.; the rules being sus¬
pended, it passed.
The orders of the day were then taken up.
The report of the Committee on Foreign Relations
was put upon its second reading, and, on motion, it was
ordered to be engrossed for a third reading.
The resolution, appointing a committee to suggest
amendments to the Constitution, passed.
An act to define the boundaries of the county of Shel¬
by Was referred to Committeee on County Boundaries.
The Senate went into secret-session.
The doors being opened, a message was received from
the House enclosing a resolution with a memorial from
James S. Holman, with accompanying documents, like¬
wise a Bill for the relief of Cruger & Moore.
The resolution appointing a committee to take into
consideration J. S. Holman's memorial, was read a first
time.
The Bill for the relief of Cruger & Moore was read a
first time, and the rules being suspended, it passed.
On motion to adjourn till, 10 o'clock to-morrow, the
ayes and noes were called—
Ayes—4.
Noes—6: lost.
The Senate then adjourned till 3 o'clock, P. M.
three o'clock, p. m.
The Senate met pursuant to adjournment.
( 16 )
The roll being called, Messrs. Burton, Wilson, Bar-
nett, and Wharton were found to be absent. The Sec¬
retary was instructed to read their names after roll-call
on Monday morning, and mention their absence.
The Senate then adjourned till Monday morning 10
o'clock.
Monday, October 9th, 1837.
The Senate met pursuant to adjournment, and there
being no quorum present, adjourned till, to-morrow 10
o'clock, A. M.
October 9th, 1837.
The Senate met pursuant to adjournment; no quorum
present.
Mr. Wilson in the Chair.
On motion of Mr. Everitt, the Senate adjourned till 3
o'clock, P. M.
three o'clock, p. m.
The Senate met pursuant to adjournment; no quorum
present.
The Senate adjourned till to-morrow 10 o'clock A. M.
October 11th, 1S37.
The Senate met pursuant to adjournment; there be¬
ing no quorum, the President of the Senate appointed
Messrs. Wilson, Wharton, Lester, Burton, and Raines
a committee to act in conjunction with one from the
House, on the memorial of James S. Holman.
The President also appointed Messrs. Lester and Au-
gustin, Enrolling Committee.
On motion of Mr. Wharton, the Senate adjourned till
11 o'clock, to the room of Mr. Green.
eleven o'clock.
The Senate met pursuant to adjournment, at Mr.
Green's room.
A message, with sundry resolutions, was received
from the House,
( 17 )
Mr. Lester, Chairman of the Joint Committee, to
which was referred the selecting of a permanent Seat of
Government, reported by a resolution, to appoint joint
committees to make the necessary arrangements for the
same : laid on the table.
An act from the House respecting the appointment of
Aliens to Office was read a first time.
A joint resolution respecting the signing of the Promis¬
sory Notes of the Government was read—the rules being
suspended, it was read a second time.
Mr. Barnett then took the Chair, and said resolution
having been amended by a resolution of Mr. Everitt,
and the rules being suspended, was read a third time
and adopted unanimously.
Mr. Everitt then resumed the Chair: '
An act from the House respecting laws for the govern¬
ment of the corporation of San Augustine, and incorpo¬
rating the town of Shelbyville wrs read and laid on the
table.
The Orders of the Day were then taken up.
The report of the Special Committee respecting the
disposal of the rooms in the Capitol Was read a second
time, and adopted.
The report of the Committee on Foreign Relations,
consisting of Resolutions concerning the Northern and
Eastern boundary line was read a third time and adopt¬
ed.
On motion of Mr. Wharton, the report of the Naval
Committee was again taken up and re-referred to the same
Special Committee.
The Senate then went into secret-session.
The doors being opened, on motion of Mr. Robertson,
the Senate adjourned till to-morrow 10 o'clock, A. M.
October 12th, 1387.
The Senate met pursuant to adjournment.
Mr. Horton, Senator from Matagorda, appeared and
took his seat.
The Senate went into secret-session.
The Doors being opeped, Mr. Wharton presented the
petitions of Captain Williams, and Messrs. Byers and
2*
( 18 )
Mercer, which were referred to the Committee on Claims
and Accounts.
Mr. Burton, Chairman of Committee on Indian Affairs,
presented a report, on which the Senate went into secret-
session.
The Doors being opened, a message was received
from the House, asking a concurrence of the Senate to
an act regulating Elections.
Mr. Wilson, Chairman of Special Committee, to which
was referred the resolution enquiring into the expedien¬
cy of creating the Office of Interpreter to the General
Land Office, reported by a bill, which was read a first
time, and laid on the table.
The bill from the House regulating Elections, was
then read and laid on the table.
The Orders of the Day were then taken tip.
The bill respecting the appointment of Aliens to Of¬
fice wps read a second time.
Mr. Wharton offered an amendment, which was
adopted, and the bill was ordered to be engrossed for a
third reading.
The President of the Senate appointed Messrs. Whar¬
ton, Horton, and Burton, a committee to suggest amend¬
ments to the Constitution. '
The report of the committee to locate the Seat of Gov¬
ernment was read a second time.
Mr. Horton took the Chair.
Mr. Robertson offered an amendment which was
adopted.
Mr. Everitt offered an amendment which was adopt¬
ed.
A message was received from the House informing the
Senate, that the resolution appointing a committee to
suggest amendments to the Constitution was concurred
in.
On motion of Mr. Everitt, the bill for locating the Seat
of Government was laid on the table.
An act to incorporate the town of Shelby ville, and re¬
gulating other corporations, was read a second time.
Mr. Wilson offered an amendment which was adopted,
anji the bill was ordered to be engrossed for a third
reading.
The Sergeant-at-Arms, who had been dispatched
( 19 )
search of absent Senators on the fourth, reported, atid
his report was received.
Mr. Wharton offered a resolution, allowing the Hous¬
ton Franklin Debating Society the use of the Senate
Chamber, which was adopted.
On motion of Mr.'Robertsoa, the Senate adjourned till
to-morrow 10 o'clock, A. M.
October 13th, 1837.
The Senate met pursuant to adjournment.
The Journals were read and approved.
A resolution was introduced by Mr. Wharton authori¬
zing a conference between the Naval Committees of the
two Houses.
On motion of the same gentleman, the rules were sus¬
pended, and the resolution was adopted and sent to the
House for concurrence.
Col. Seguin was invited to take a seat within the bar
of the Senate.
The Orders of the Day were then taken up.
The bill incorporating the town of Shelby ville, and re¬
gulating other corporations, was read a third time, and
on motion of Mr. Wharton, was referred to the Commit¬
tee on the Judiciary.
The bill respecting the appointment of Aliens to Of¬
fice was read a third time and passed.
The report of the committee to which was referred
the locating of a permanent Seat of Government, was
read a second time and ordered to be engrossed for a
third reading.
The bill regulating Elections was taken up on its se¬
cond reading, and read by sections.
Mr. Horton offered amendment to section 12th, which
was adopted.
A message was received from the House, with the
preamble of the bill providing for the signing of the
Promissory Notes of Government, which had been mis¬
laid.
Mr. Wharton offered an amendment to section 10th of
the bill regulating Elections, which was adopted, and
the bill was ordered to be engrossed for a third reading.
The act establishing an Interpreter's office was taken
up on its second reading.
( 20 )
On motion of Mr. Wharton, the blank in section third
"was filled with the words "twenty-five hundred."
On motion of Mr. Wharton the bill was laid on the
table till called up.
Mr. Horton then was called to the Chair.
Mr. Everitt introduced a resolution authorizing the
Land Commissioners to send for all papers, &c., com
nected with the Land Office,-—which was received.
On motion of Mr. Everitt, the Senate adjourned till to¬
morrow 10 o'clock, A. M.
October 14th,, 1837.
The Senate met pursuant to adjournment.
Mr. Burton presented a petition from the inhabitants
of the county of Houston, which was read, and on mo¬
tion of same gentleman referred to the Committee on
the Judiciary.
Mr. Wharton from the Naval Committee, presented a
report from the Naval Committee of both Houses, which
was read and laid on the table.
Mr. Wilson from the Joint Special Committee, to take
into consideration the proposal of James S. Holman,
made a report, which was adopted, and sent to the House
for concurrence.
The Orders of the Day were then taken up.
The report of the committee to locate a permanent
Seat of Government was taken up on its third reading.
A message was received from the House, informing
the Senate that the House had concurred in the resolu¬
tion authorizing a conference of the Naval Committees
of the two Houses,—also, requesting the concurrence of
the Senate to the following bills-—viz :
A joint resolution appointing Commissioners to select
a permanent Seat of Government.
A joint resolution providing for a Hospital; and a joint
resolution instructing the Secretary of War to execute
certain duties.
The report of the committee of the Senate providing
for the location of a permanent Seat of Government,
'which was under consideration when the message was
received, was laid on the table ; and the joint resolution
from the House on the same subject was taken up, read,
( 21 )
and laid on the table ; and the report of the committee
of the Senate on that subject was again taken up, adopt¬
ed, and sent to the House for concurrence.
A joint resolution ftom the House providing for a Hos¬
pital was read, and the rules being suspended, it was
concurred in.
The joint resolution from the House, instructing the
Secretary of War to execute certain duties, was read
first time.
The resolution authorizing the Commissioner of the
General Land Office, to send for papers, &c., connected
with the Land Office, was taken up on its second read-
ing.
Mr. Wilson was called to the chair.
A communication was received from the Secretary of
the Treasury.
A motion being made ordering the resolution authori¬
zing the Commissioners of the General Land Office to
send for papers, &c., to lie on the table.
Mr. Everitt called for the ayes and noes—which stood
as follows:
Ayes—Messrs. Augustiri, Burton, Raines and,Robert¬
son.
Noes—Messrs. President, Barnett, Horton, Lester,
Wharton, and Wilson.
. The motion being lost, it was ordered to be engrossed
for a third reading.
The President of the Senate then resumed the Chair.
The communication from the Secretary of the Trea¬
sury was read, and referred to the Committee on Finance,
with instructions to have as many copies printed as they
might think proper, and to report as soon as practicable.
On motion of Mr. Wharton, Mr. Horton was added to
the Committee on Finance.
On motion of Mr. Wilson, the Senate adjourned till 3
o'clock, P. M.
3 o'clock, p, m.
The Senate met pursuant to adjournment.
The bill regulating Elections was taken up on its third
reading, and passed.
( 22 )
Mr. Wharton introduced some resolutions respecting
the granting of Letters of Marque and Reprisal, which
were read and laid on the table.
Mr. Wharton introduced a resolution making provi¬
sions for taking the census of the Republic, which was
read and laid on the table.
The President added Mr. Whartori to the Committee
on Finance.
On motion of Mr. Horton, the Senate adjourned till
Monday 10 o'clock, A. M.
Monday, October 16th, 1837.
The Senate met pursuantto adjournment.
The Journals were read and approved.
On motion of Mr. Burton, the report of the Committee
on Indian Affairs was taken up, and the Senate went in¬
to secret-session.
The Doors were opened, and a message was received
from the House informing the Senate, that the House
had concurred in the resolution appointing Commission¬
ers to locate a. permanent Seat of Government, and ask-
'ing the concurrence of the Senate to a bill authorizing
the Secretary of War to grant discharges, and requiring
the President to re-call all officers, and soldiers, on fur¬
lough.
Mr. Wharton introduced a Hill for organizing the Mili¬
tia, which was read a first time.
The Orders of the Day were then taken up.
The joint resolution, instructing the Secretary of War
to execute certain duties, was read a second time.
A communication was received from the Secretary of
the Treasury.
The joint resolution providing for the taking of the
census was read a second time, and ordered to be en¬
grossed for a third reading.
The joint resolution respecting the granting of Letters
of Marque and Reprisal was taken up on its second read¬
ing, amended, and ordered to be engrossed for, a third
reading.
The joint resolution of the House, appointing Com¬
missioners to locate a permanent Seat of Government,
was taken up on its second reading, and laid on the table
till called up.
( 23 )
The bill regulating Elections was brought back from
the House, with objections to the amendments of the
Senate.
The act authorizingthe Commissioners of the Land Of¬
fice to send for certain papers, &c., was read a third
time, and passed.
The communication from the Secretary of the Trea¬
sury was read and referred to the Committee on Finance,
with instructions to report as soon as practicable.
On motion of Mr. Wharton, the President pro tern, of
the Senate, and Mr. Burton, were added to the Commit¬
tee on Finance.
Mr. Wharton introduced a resolution, requesting a
conference of the Committees on Finance of the two
Houses, which passed.
On motion of Mr. Wharton, the Senate adjourned till
to-morrow 10 o'clock, A. M.
October 17th, 1337.
The Senate met pursuant to adjournment.
The Journals were read and approved.
Mr. Horror,, Chairman of the Committee on the Judi¬
ciary, to which was referred the bill incorporating the
town of Shelbyville, and regulating other'corporations,
reported the bill with an additional section, which was
received and laid on the, table.
ORDERS OF THE DAY.
The bill regulating Elections, which had been returned
from the House, with objections to the amendments of
the Senate, was taken up, and the first amendments
stricken out, and the third adhered to.
. The joint resolution, instructing the Secretary of War
to execute certain' duties, was taken up on its third read¬
ing, and passed.
The joint resolution making provision for taking the
census was taken up, on its third reading, and passed.
The joint resolution respecting the granting of Letters
of Marque and Reprisal was taken upon its third reading,
and passed.
The joint resolution organizing the Militia was taken
( 24 )
up on its second reading, and referred to the Committee
on Military Affairs.
The act authorizing the Secretary of War to grant dis¬
charges, and requiring the President to recall all offi¬
cers and soldiers on furlough, was read a second time,
and referred to the Committee on Military Affairs.
On motion of Mr. Burton, Mr. Wharton was added to
the Committee on Military Affairs.
Mr. Wharton introduced an act supplementary to an
• act excluding Aliens from Office, which was read, and
laid on the table.
On motion of Mr. Wharton, the joint resolution appoint¬
ing Commissioners to locate a permanent Seat of Gov¬
ernment was called up, and referred to the Special Com¬
mittee with instructions.
Mr. Horton presented a petition from Colonel D. F.
Weymouth, which was received, and referred to the
Committee on Claims and Accounts.
Mr. Burton introduced a resolution requesting the Pre¬
sident to inform the Congress of the appointment of ci¬
vil officers made during ibe recess of the same, which
was read and laid on ihe table.
On motion of Mr. Wharton, the Senate adjourned till
to-morrow at 10 o'clock, A. M.
October 18th, 1837.
The Senate met pursuant, to adjournment.
The Journals were read and approved.
Mr. Wharton presented a report from the Po&t Master
General.
Messrs. Wharton, Barnett, and Burton were appoint¬
ed a Standing Committee on Post Offices and Post
Roads, and said report was referred to that committee
with instructions.
Mr. Wharton from the Committee on Finance, present¬
ed a report, accompanied with enactments, which was
read, and, on motion of the same gentleman, one hun¬
dred copies were ordered to be printed.
A message was received from the House, informing the
Senate that die House adhered to their disagreement
<25 )
to the amendment of the Senate made to the Bill regu¬
lating Elections, and had appointed Messrs. Sutherland,
Hardiman, Linn and Menifee a committee yf Conference
to act in conjunction with one of the Senate on the sub¬
ject.
Mr. Barnett, Chairman of the committe on Privileges
and Elections, to which were referred the election cer¬
tificates of Hon. Mr. Green, from Bexar, reported that
they had agreed to refer the whole matter'to the Senate,
which was received; and, on motion of Mr. Wharton,
it was laid on the table as the special order of the day
for to-morrow.
Mr. Wharton presented an additional rule respecting
the admission of counsel in case of contested elections,
which was laid On the table.
The Orders of the Day were then taken up.
Messrs. Horton, Barnett and Raines were appointed a
committee of Conference to act on the Bill regulating
Elections.
The Bill incorporating the Town of Shelbyville, and
regulating other Corporations, was read a third time and
passed. '
The Act, Supplementary to an Act, excluding Aliens
from Office was taken up on its second reading, and the
Senate went into a quasi committee.
Mr. Horton in the Chair, and the Bill was ordered to
be engrossed for a third reading.
The Resolution requesting the President to notify the
Senate of the appointment of. civil officers, made during
the recess of Congress was read a second time—-amend¬
ed, and adopted.
Mr. Everitt introduced,a Joint Resolution repealing
the Act imposing a Direct Tax, which was read a first
time, and the Rules being suspended, it was read a se¬
cond time and amended.
Mr. Everitt introduced a Resolution authorizing the
Secretary of the Treasury to issue the Promissory Notes
of the Government, which was read the first time and
laid on the table.
Mr. Everitt introduced a Resolution, instructing the
Hon. S. R. Fisher immediately to resume his duties as
Secretary of the Navy.
The President of the Senate resumed his: seat.
. 3
( 26 )
Mr. Lester was called to the Chair.
His Excellency, the President of the Republic, came
into the Senate Chamber, and was invited to take the
Chair.
On motion of Mr. Horton, the subject under discussion
was deferred.
His Excellency, having stated that he had called
merely to pay his respects to the Senate, retired, and the
President of the Senate resumed his seat.
The Resolution instructing the Hon. S. R. Fisher to
resume his duties was again taken up, and the Ayes and
Noes being called on, the adoption of it stood as follows:
Ayes—Messrs. President, Augustin, Burton, Green,
Lester and Robertson—6.
Noes—Messrs. Barnet, Horton, Raines, Wharton and
Wilson—5.
So the Resolution was accordingly adopted.
On motion of Mr. Wharton, the Senate adjourned till
to-morrow 10 o'clock, A. M.
October 19, 1837.
The Senate met pursuant to adjournment; the Jour¬
nals were read and approved.
Mr. Augustin presented a petition from Col. A. Hus¬
ton, which was read and referred to the committee on
Claims and Accounts.
Mr. Burton, Chairman of the committee on Military
Affairs, to which was referred the Bill authorizing the
Secretary of War to grant Discharges, and requiring
the recall of all Officers and Soldiers on furlough, report¬
ed the Bill without amendments, and it passed to its
third reding.
Mr. W harton presented a petition from the Stockhold¬
ers of the Texas Rail Road, Navigation and Banking
Company, which was referred to a Joint Special Com¬
mittee consisting, on the part of the Senate, of Messrs.
Horton, Burton and Barnett.
Mr. Wilson introduced a Joint Resolution to appoint
an Overseer to take care of the Capitol, which was read
and laid on the table.
MryWharton, Chairman of the committee on Post-Of¬
fices and Post-Roads, to which was referred the com-
( 27 )
munication of the Postmaster-General, presented a Re¬
port, accompanied with Resolutions, which was read
and laid on the table.
ORDERS OF THE DAY.
The consideration of the legality of the election of the
Hon. T. J. Green, from Bexar, being the Special Order
of the Day:
On motion of Mr. Wharton, the Order of the Day-was
so far suspended, as to allow the action of the Senate on
the Resolution introducing an additional Rule for the
government of the Senate, respecting the, admission of
Counsel in cases of Contested Elections, which fvas ac¬
cordingly taken up, and Mr. Horton was called to the
Chair.
On motion of Mr. Everitt, the - Ayes and Noes were
called on the adoption of the additional Rule, and stood
as follows:
Ayes—Messrs. Augustin, Burton, Raines and Whar¬
ton—4.
Noes—Messrs. President, Barnett, Horton, Lester,
Robertson and Wilson—6.
So the Resolution was rejected.
Mr. Wilson moved, that, counsel be admitted in the
case of Mr, Green.
The President,of the Senate, considering the motion
out of order, refused to put it, upon which Mr. Wharton
appealed to the decision of the. Chair, and it was decided
by the Senate that the Chair was in error.
. Mr. Wharton renewed the motion to admit counset in
the present case; and the Ayes and Noes being called,
stood as follows:
Ayes-^-Messrs. Augustin, Barnett, Burton, Raines,
Robertson, Wharton.and Wilson—7-
Noes—Messrs. President, Horton and Lester—:3.
So the motion was carried,
The President pro tem. of the Senate entered his .pro¬
test against the same. j
The Report of the committee on Privileges and Elec¬
tions, referring the case pf Mr. Green to the Senate, was
accordingly taken up.
Mr. Barnett introduced a Resolution, declaring the.
Seat of Senator from Bexar vacant, and requesting the
( 28 )
On motion of Mr. Wharton, the Senate adjourned un-
lil 3 o'clock, P. M.
President of the Republic to issue his proclamation for a
new election.
A message was received from the House informing the
Senate, that the House had appointed a Joint Special
Committee of Conference consisting of Messrs. Branch,
Jones and Rusk, to take into consideration the Land Bill
now before the House, and requested a like appointment
on the part of the Senate.
The Documents concerning the election of Mr. Green
were read, and Mr. Rusk,, couhsel for Mr. Green, ad¬
dressed the Senate at some length, during which, His
Excellency the President came into the Senate Chamber,
and was invited to take the Chair.
At the conclusion of Mr. Rusk's remarks His Excellen¬
cy retired, and the President of the Senate resumed his
seat.
3 o'clock, p. m.
The Senate met pursuant to adjournment.
The debate on Mr. Barnett's Resolution, declaring va¬
cant the seat of Senator from Bexar was continued.
Mr. Lester was called to the Chair.
The President resumed his seat, and
On motion of Mr. Wilson, the Senate adjourned till
to-morrow 10 o'clock, A, M.
October 20, 1837.
The Senate met pursuant to adjournment; the Jour¬
nals were read and approved.
A message was received from the House informing
the Senate, that the House .still adhered to their disagree¬
ment to the amendments of the Senate in the Bill Regu¬
lating Elections.
The Resolution from the House requesting a commit¬
tee of Conference, on the part of the Senate, to act on the
Land Bill now before the House was taken up, and the
Senate refused to appoint a committee.
ORDERS OF THE DAY.
The. Resolution declaring the seat of Senator from
Bexar vacant, was taken up.
( 29 )
A message was received from the House informing
the Senate, that the House had concurred, without
amendments, in the Resolution respecting the granting
Letters of Marque and Reprisal, and that they had disa¬
greed to the amendment of the Senate to the Bill incor¬
porating the Town of Shelby ville, and regulating other
Corporations.
The Ayes and Noes on the Resolution declaring the
seat of Senator from Bexar vacant being taken, stood as
follows:
Ayes—Messrs. President, Augustin, Barnett, Horton,
Lester, Rained, Robertson, Wharton and Wilson—9.
Noes—Mr. Burton—1; and the Resolution was
adopted.
Mr. Burton entered his protest against the passage of
said Resolution, and gave his reasons for voting in the
negative as follows, viz:
I give my vote in the negative of the question because,
I believe that the declaration of intention of Citizenship
made, and actually claimed fifteen months since as
shown in evidence before the Senate, and which decla¬
ration was additionally proved by the fact of General
Green's having represented the county of Bexar in the
Congress of this Republic for the last twelve months,—
was consummated by the fact of General Green's visit
to Bexar in September last.
That that consummation does cover that requisition in
law which makes the intention and fact necessary to
Citizenship, and that the Citizenship, in this case, does
commence from the publicity of the intention; more espe¬
cially as his disfranchisement, so far as municipal privi¬
leges are concerned, in every county of the Republic
except Bexar, has been notorious for the last fifteen
months.
The Senate, I conceive to be the judges of the letter
and spirit of the Constitution in cases of contested or dis¬
puted seats in their body.
And a yet further reason for my vote in the negative
may be formed in the words of " Coke on Lyttleton,"
when speaking of the English Constitution:
"The circumstances of a case worketh much in the
strictly construing of an instrument."
For these reasons, as well as others, and because that
( 30 )
. I believe that, in doubtful cases, it is. our duty to lean to
the side of the people, I enter my solemn protest against
the decision of the Senate in this case, and confidently
appeal to God, my country, and posterity for the correct¬
ness of my decision.
I. W. BURTON.
The Senate went into secret session.
The doors being opened,
On motion of Mr. Raines, the Senate adjourned till to¬
morrow 10 o'clock, A. M.
October 21, 1837.
The Senate met pursuant to adjournment.
A message was received from the House, informing
the Senate that the House had passed a Joint Resolution,
making an allowance to Wm. S. Hendricks.
Mr. Wharton moved a re-consideration of the Resolu¬
tion passed yesterday, declaring the seat of Senator from
Bexar vacant; and the Ayes and Noes being called;,
stood as follows, viz:
Ayes—Messrs. Burton and Wharton—2.
Noes—Messrs. President, Augustin,. Barnett, Horton,
Lester, Raines, Robertson and Wilson—8; and the motion
was lost.
ORDERS OF THE DAY.
The Joint Resolution from the House, granting an al¬
lowance to Wm. S. Hendricks was taken up and read,
and the Rules being suspended, it was read a second time
and referred to the committee on Claims and Accounts.
■ The Bill regulating Elections, which was again re¬
turned from the House with objections to the amend¬
ments of the Senate, was taken up, and the Senate
receded from their amendment.
The Resolution excluding Aliens from Office was ta¬
ken up on its third reading., and laid on the table as the
Special Order of the Day for Monday.
The Resolution to suspend the Act for Direct Taxa¬
tion was read a third time and adopted.
The Bill authorizing the Secretary of War to grant
Discharges, and requesting the President to recall all
Officers and Soldiers on Furlough was taken up on its
second reading, and referred to the committee on Mili¬
tary Affairs.
( SI )
The Resolution requiring the Secretary of the Trea¬
sury to issue the Promissory Notes of Government was
read a second time.
Mr. Burton was called to the Chair, and the Rules
being suspended* the Resolution was read *a third time
—amended, and adopted.
On motion of Mr. Augustin, the Senate adjourned till
Monday 10 o'clock, A. M.
Monday, October 23, 1837.
The Senate met pursuant to adjournment; the Jour¬
nals were read and approved.
A communication was received from General T. J.
Chambers, which was read and referred to the commit¬
tee on Military Affairs.
On motion of Mr. Wharton, a committee was elected1
by the Senate to enquire into the expediency and power
of Congress to remove the Seat of Government.
Messrs. Burton, Wharton and Augustin were chosen
said committee.
Mr. Wharton introduced a Resolution respecting the un¬
settled accounts of Col. A. Huston, which was adopted.
Mr. Horton introduced a Joijit Resolution, appointing
a committee to act in conjunction with one from the
House, to determine upon arproper reception of the Hon.
A. Labranche, Charge d'Affaires from the United States
of North America, and
Messrs. Wharton, Horton and Everitt were 'appointed
said committee.
ORDERS OF THE DAY.
The Special Order of the Day, viz:
The Bill excluding Aliens from office was taken up—
amended, and passed.
The Act regulating the Rates of Postage was taken up
on its second reading.
A message was received from the House, informing
the Senate that the House, had concurred in the Resolu¬
tion appointing a committee to determine upon a proper
reception of the Hon. A. Labranche, and had appointed*'
Messrs. Gazley, Thompson and Branch said committee.
The Act regulating the Rates of Postage was amended,
and ordered to be engrossed for a third, reading. •
( 32 )
On motion of Mr. Horton, the Report of the committee
t>n the Land Bill was made the Special Order of the day
to-morrow.
The Resolution making an allowance toWm. S. Hen¬
dricks was reported by the committee on Claims and
Accounts, to which it had been deferred, without amend¬
ments, and passed.
On motion of Mr. Wharton, the Senate adjourned till
to-morrow 10 o'clock, A. M.
^ October 24, 1837.
The Senate met pursuant to adjournment; the Jour¬
nals were read and approved.
Mr. Wharton,- from the Joint Special Committee to
wait upon the Hon. A. Labranche, presented a report
which was read and adopted. <r
An invitation was received from the House, for the Se¬
nate to attend in the Representative Hall at 12 o'clock,
to receive the Hon. A. Labranch, which was accepted.
ORDERS OF THE DAY.
The Report of the committee on the Land Bill being
the Special Order of the day was taken up, and post¬
poned as the Special Order of the day for to-morrow.
A message was received from the House, covering a
Resolution, requesting a convention of the two Houses
to ballot for five Commissioners to locate a permanent
Seat of Government, and the Rules being suspended, it
passed with amendments.
On motion of Mr. Wharton, the Senate adjourned till
half past 11 ,d'clock.
half-past 11 o'clock, a. m.
The Senate met pursuant to adjournment.
On motion of Mr. Wharton, the Senate adjourned to
the Representatives' Hall, to receive Mr. Labranche in a
committee of the Whole.
Mr. Labranche, on his arrival at the Capitol, was con¬
ducted' into the Hall by Messrs. Horton and Gazley,
from the Joint Committee appointed for that purpose,
and was addressed at some length by Mr. Wharton,
from the same Joint Committee, to which
( 33 )
Mr. Labranche made a reply and retired.
On motion, Mr. Burton was appointed, on the part of
the Senate, to request of Mr. Labranche and Wharton,
copies of their addresses for publication.
The Senate then returned to the Senate Chamber, and,
On motion of Mr. Wharton, adjourned till 3 o'clock,
P. M.
3 o'clock, p. m.
The Senate met pursuant to adjorunment.
A message was received from the House, asking the
concurrence of the Senate in an Act passed by the
House, providing for auditing the Contingent Expenses
•of Congress; also, in a Joint Resolution appointing a
Joint Committee to fix the rent of the Capitol; they ha¬
ving appointed Messrs. Patton, Rusk and Sutherland on
said committee.
A message was received from the House, informing
the Senate, that the House was ready to proceed to the
election of Commissioners to locate a permanent seat of
Government; whereupon, the Senate adjourned to the
Representatives' Hall, and the two Houses went into
the election of said Commissioners by joint ballot, and,
Messrs. M'Gee, Burton, Ghristman, Schuylock and
Green were elected.
The Senate then returned to their Hall, and,
On motion of Mr. Wilson, adjourned till to-morrow
10 o'clock, A. M.
October 25, 1837.
The Senate met pursuant to adjournment.
Several Senators being sick there was not a quorum,
and,
On motion of Mr. Robertson, the Senate adjourned till
3 o'clock, P. M.
3 o'clock, p. m.
The Senate met pursuant to adjournment. .
The Hon. John Dunn, Senator from Refugio, San Pa¬
tricio and Goliad appeared, was sworn, and took his
seat.
The Hon. Messrs. Barnett, Horton, Raines and Whar¬
ton being absent, there was not a quorum; and,
( 34 )
On motion of Mr. Wilson, the Senate adjourned till
to-morrow 10 o'clock, A. M.
October 26, 1837.
The Senate met pursuant to adjournment.
The President of the Senate being absent,
Mr. Horton was called to the Chair.
Messrs. Barnett and Wharton being absent on account
of ill health, the
Senate, on the arrival of the President, adjourned till
3 o'clock, P. M. '
3 o'clock, p. m.
The Senate met pursuant to adjournment, and, -no
quorum being present, adjourned till to-morrow 10
o'clock, A. M.
October 27, 1837.
The Senate met pursuant to adjournment; the Jour¬
nals were read and approved.
Mr. Robertson presented a petition from a portion of
the citizens of the county of Milam, praying for a new
county, which was read and deferred to the committee on
County Boundaries.
Mr. Burton, Chairman of Committee on Military Af¬
fairs, reported the Bill authorizing the Secretary of War
to grant Discharges, which was read and amended, and
the Rules being suspended, it was read a third time and
passed.
Mr. Burton, Chairman of the committee-to enquire
into the expediency of removing the Seat of Government,
presented a Report, which was laid on the table.
Mr. Horton presented a petition from John Garrett,
which was referred, with its accompanying, documents,
to the committee on Claims and Accounts. .
Mr. Lester, Chairman of the committee on Enrolled
Bill|, reported the following Bills as having been pre¬
sented to His Excellency, the President:
"A Joint Resolution suspending the-opening of the
Land Office,"-—Approved by His Excellency.
"A Joint Resolution making an Appropriation for the
Public Printer,"-—Approved.
( 35 )
" A Joint Resolution appropriating money for the Hos¬
pital,"—Approved.
"A Joint Resolution authorizing Wm. G. Cooke to sign
the Promissory. Notes of the Government,"—rApproved,
"An Act precluding Aliens from being appointed to
Office,"—Approved.
"A Joint Resolution locating permanently the Seat pf
Government,"—Approved.
"A Joint Resolution requiring the Secretary of War
to execute certain duties, as required by the Land Law
passed in June, 1837,"—Vetoed.
"A Joint Resolution in regard to granting Letters of
Marque and Reprisal,"—Approved.
"A Bill entitled an Act regulating Elections,"—Apt
proved'.
"A Joint Resolution making an Appropriation to Wm.
S. Hendricks,"—Approved.
A message was received from the House* informing
the Senate that the Bill requiring the Secretary of War
to'execute certain duties, which had been vetoed by the
President, had passed ,the House by a constitutional
majority; also, that they had passed a Resolution appoint¬
ing a committee to enquire into the expediency of recall¬
ing the Agent for selling Land Scrip in the United
States, in which the concurrence of the Senate was re¬
quested ; also, that they had concurred .in the Bill res¬
pecting the granting Letters of Marque and Reprisal.
The Veto of the President to the Resolution requiring
the Secretary of War to execute certain duties, was
read, and the Yeas and Nays being called on the passage
of the Resolution, it was unanimously adopted.
On motion of Mr. Wharton, the Land Committee was
instructed to enquire into the expediency of changing
the form of Land Scrip.
The Joint Resolution from the House, enquiring into
the expediency of. recalling.the Agent for selling Land
Scrip in the United States, was read a first time and laid,
on the table.
ORDERS OF THE DAY.
The Joint Resolution appointing a committe to fix the
Seat of the Capital, received from the House on Wed¬
nesday, was concurred in by the Senate, and,
( 36 )
Messrs. Horton, Dunn and Raines were appointed said
committee.
The Bill incorporating the Town of Shelbyville and
regulating other Corporations, which had been returned
from the House with objections to the amendments of
the Senate, was read, and the amendments receded
frpm.
The Act, from the House, providing for auditing the
Contingent Expenses of Congress, Was read a first time
arid laid on the table.
The Resolution appointing an Overseer to take charge
of the Capitol was taken up on its second reading, and,
the Rules being suspended, it passed.
The Act making an Appropriation for the Post-Of¬
fice Department was taken up on its third reading, and
passed.
A message was received from His Excellency the
President, respecting the Hon. S. Rhodes Fisher, which
was read and laid on the table till called up.
The Senate, on motion of Mr. Burton, went into se-1
cret session.
The doors being opened,
. The Act authorizing the Secretary of the Treasury to
issue . Drafts to the amount of one million of dollars was
taken up on its second reading, and read section by sec¬
tion.
Mr. Robertson moved to strike out, in the first section,,
the word "one," and insert "three."
On motion of Mr. Wharton, the Senate adjourned till
3 o'clock, P. M.
3 o'clock, p. m.
The Senate met pusuant to adjournment; there was
no quorum present in consequence of the illness of seve¬
ral merribers, and,
On motion ofMr. Robertson, the Senate adjourned un¬
til to-morrow 10 o'clock, A. M.
October 28, 1837.
The Senate met pursuant to adjournment.
Mr. Augustin from the committee on County Bounda¬
ries, to which was referred the petition of the Citizens of
( 37 )•
Milam, reported in favor of the petition by bill laid on
the table.
Mr. Wharton, Chairman of the Committee on the Ju¬
diciary, to which was referred the petition of the citi¬
zens of Houston County, presented a report, which was
read and adopted.
ORDERS OF THE DAY.
The bill authorizing the Secretary of the Treasury to
issue drafts to the amount of one million of Dollars,
which was under consideration when the Senate ad¬
journed yesterday itiorning, was taken up on Mr. Rob-
bertson's motion to strike out "one" and insert "three."
Mr. Lester was called to the Chair.
Mr. Robertson moved to lay the bill on the table, and
the yeas and nays being called stood, as follows:
Yeas—Messrs. Augustin, Lester, Raines, Robertson,,
and Wilson—-5.
Nays—Messrs. President, Burton, Dunn, Horton, and
Wharton—5 : lost.
On motion of Mr. Everitt, the previous question on
striking out was taken up.
A message was, received from the House asking the
concurrence of the Senate in an act regulating proceed¬
ings before Justices of the Peace.
The ayes and noes being called, on striking out, stood
as follows :
Ayes—Messrs. Augustin, Roberfson, and Wilson—3.
Noes—Messrs. President, Burton, Dunn, Horton, Les¬
ter, Raines, and Wharton—7 : lost; and the first section
was adopted without amendments.
Section second was amended and adopted.
Sections third and fourth were adopted without
amendments.
Section fifth was struck out, and a substitute adopted.
Mr. Augustin offered an additional section.
On motion of Mr. Wharton, the second section was re¬
considered, and Mr. Augustin's additional section was
offered as an amendment to it.
The ayes and noes being, called stood as follows :
Ayes—Messrs. Augustin, Raines, Robertson, and Wil¬
son—4.
Noes—Messrs. President,. Burton, Dunn, IJorton,
4
(' 3S )
Lester, and Wharton—>6; and the amendment was re¬
jected.
Section second was again taken up, and adopted as
first amended.
Mr. Burton offered an additional section which was
adopted, and the bill was ordered to be engrossed for a
third reading.
An act supplementary to an act consolidating and
funding the public debt, was taken up, and read section
by secjijon, and no amendments being offered, it was or¬
dered to be engrossed for a third reading.
The act regulating proceedings before Justices of the
Peace, which was received from the House,' was read,
and laid on the table.
The act providing for the contingent expenses of Con¬
gress was taken up on its second reading, and ordered to
be engrossed for a third reading.
The Joint Resolution, appointing a committee to en¬
quire into the expediency of recalling the agent' for sell¬
ing Scrip in the United States, was read a third time and
adopted.
Messrs. Horton, Robertson, and Augustin, were ap¬
pointed said committee. -
The report of the Special Committee appointed to in
quire into the expediency of removing the Seat of Goi-
ernment, was taken up on its second reading, amended
and.adopted.
On motion of Mr. Wharton, the Senate adjourned till
Monday morning 10 o'clock.
Monday, October 30th, 1S3L
The Senate met pursuant to adjournment.
The Journals were read and approved.
The Hon. Richard Ellis, Senator elect from Red river,
appeared and presented his credentials—which were
read, and referred to the Committee on Privileges and
Elections. -
Mr. Wharton presented a petition from the citizens of
Brazoria, praying for an extra session of the county court;
which was read and referred to the Committee on the
Judiciary.
( 39 )
On piotion of Mr. Wharton, Mr. Burton was appointed,
to fill the vacancy occasioned by the illness of Mr. Har¬
nett, in the Committee on Privileges and Elections.
Mr. Horton from the Special Committee, to which
was referred the proposal of the Stockholders of the Tex¬
as Rail Road, Navigation, and Banking Company, re¬
ported the proposed enactments without alteration, which
were read and laid on the table.
ORDERS OF THE DAY.
On motion of Mr. Wharton, the report of the Navy
Committee was called up, and the accompanying reso¬
lution was read, and another substituted and ordered to
be engrossed for a third reading.
The act regulating proceedings before Justices of the
Peace was taken up.on its second reading, and ordered
to be engrossed for a third reading.
The act reported by the Committee on County Boun¬
daries, on the petition of the citizens of Milam, creating
the county of Robertson, was, read a second time, and
ordered to be engrossed for a third reading.
The act providing for auditing the contingent expen¬
ses of Congress was taken up on its third reading, and
concurred in,
The act authorizing the Secretary of the Treasury to
issue the Promissory Notes of the Government was ta¬
ken up on its third reading, and made the special order
of the day for Wednesday.
The act for consolidating, and funding the public debt
was taken up, on its third reading, and made the special
order of the day for Wednesday.
Mr. Wilson offered a resolution appointing a commit¬
tee to enquire into the expediency of collecting till docu¬
ments and papers connected with public affairs, while
Texas was under the Mexican Government, which was
adopted, and Messrs. Wilsop, Dunn, and Raines, wore
appointed said committee.
Mr. Burton offered a resolution appointing a Special
Committee to examine the Books of the Auditor—adopt¬
ed; and Messrs. Burton, Lester, and Augustin, were ap¬
pointed said committee.
Mr. Wharton offered a resolution authorizing the Chief
Justice of Brazoria to issue yrits of election to decide
( « )
the Seat of Justice in that county, and the rules being
suspended, it passed.
On motion of Mr. Wharton, the resolution reported by
the Navy Committee was taken up—the first blank was
filled with Five Hundred Dollars, and the second with
$250,000.
On motion of Mr. Robertson, the Senate adjourned till
3 o'clock, P. M.
three o'clock, p. m.
The Senate met pursuant to adjournment.
Mr. Raines, Chairman of the Committee on Privileges
and Elections, to which were referred the credentials of
the Hon. Richard Ellis, reported favorably—and the re¬
port was laid on the table.
Mr. Wharton presented a resolution appointing a com¬
mittee to enquire respecting the laws for the suppres¬
sion of gambling, which was read and adopted; and
Messrs. Wharton, Robertson, and Augustin, were ap¬
pointed said committee.
On motion of Mr. Wharton, the Senate went into se¬
cret session, from whence they adjourned till to-morrow
10 o'clock, A. M.
October 31st, 18-37.
The Senate met pursuant to adjournment.
The Journals were read and amended.
There being no reports to be made, the Orders of the
Day were taken up.
The report of the Committee on Privileges and Elec¬
tions, to which were referred the credentials of the Hon.
Richard Ellis, was taken up, and the Senate went into a
committee of the whole.
Mr. Wilson in the Chair.
Mr. Everitt introduced a resolution appointing a Spe¬
cial Committee to enquire more particularly concerning
the legality of the election of Mr. Ellis.
A message was received from the House asking the
concurrence of the Senate in an act concerning the public
archives, which was substituted by the House for one
originating in the Senate; also informing the Senate that
( « )
the House had concurred in a resolution concerning the
Seat of Justice in Brazoria county.
A message was received from the House asking the
concurrence of the Senate in an act incorporating the
towns of Brazoria, Nacogdoches, and San Felipe de
Austin.
The President of the Senate resumed the Chair.
The ayes and noes were called on the adoption of Mr.
Everitt's resolution, and stood as follows:
Ayes—Messrs. President, Burton, Dunn, and Whar¬
ton—4.
Noes-—Messrs. Augustin, Horton, Lester, Raines, Ro¬
bertson, and Wilson—G; lost.
The ayes and noes were then called on the adoption
of the report of the Committee on Privileges, and Elections
concerning the election of the Hon. R.- Ellis, and stood, as
follows:
Ayes—Messrs. Augustin, Horton, Lester, Raines,
Robertson, and Wilson—6.
Noes—Messrs. President, Burton, .Dunn, and Whar¬
ton—4: adopted.
Mr. Ellis was accordingly sworn and took his seat.
The act regulating proceedings before Justices of the
Peace was taken up on its third reading and passed.
The act creating the county of Robertson was taken
up on its third reading and passed.
The petition of the Stockholders of the Texas' Rail
Road, Navigation, apd Banking Company, as reported
by the committee, was taken up on its third reading,
amended, and laid on the table, till one hundred copies
could be printed.
The act from the House, incorporating Brazoria and
Other towns, was read-a first time, and laid on the table.
The act, from the House concerning the public ar¬
chives, substituted for one of the Senate, was read a first
time, and laid on the table.
On Motion of Mr. Robertson, the Senate adjourned till
1Q o'clock to-morrow..
Wednesday Nov. 1st, 1837.
The Senate met pursuant to adjournment.
4*
( 42 )
The Journals were read and approved.
Mr. Horton, Chairman of the Committee on the Judi¬
ciary, to which was referred the petition of the citizens
of Brazoria County, praying for an extra session of the
county court, reported by a bill granting the petition—
which was read a first time and laid on the table.
Mr. Horton, Chairman of the Committee on Claims
and Accounts, to which was referred the petition of
Samuel Williams, reported that on account of the want
of vouchers to many of the claims of Captain Williams,
the committee wished to be excused from reporting on
them, and begged to lay the petition, with the accompa¬
nying documents, before the Senate for their considera¬
tion. The report was received, and the petition with its
accompanying documents, was taken up by the Senate
in a committee of the whole.
A communication was received from the Auditor.
As a mark of respect to tile memory of Captain H. L.
Thompson, of the Texian Navy, who died this morning,
on motion of Mr. Wharton, the Senate adjourned till 3
o'clock, P. M.
3 o'clock, p. m.
The Senate met pursuant to adjournment.
Mr. Wharton presented a protest against the Hon.
Richard Ellis taking his seat in the Senate, signed by the
members from Brazoria, Jasper and Jefferson, Nacogdo¬
ches and San Patricio, Refugio and Goliad, as fol¬
lows :
The undersigned, Senators from the counties of Na¬
cogdoches, Jasper and Jefferson, Brazoria, Goliad, Re¬
fugio and San Patricio, in the exercise of a right guaran¬
teed by the Constitution of this Republic, do hereby
most solemnly protest against the vote which admits tfe
Hon. Richard Ellis, as a Senator from the county of Red
river; We solemnly protest,
First: on the grounds, that the United States of the
North exercise at this moment, actual and exclusive juris¬
diction, civil and military, over the county which the
Hon. Gentlemen claims to represent. It is then evident
( « )
the allegiance of that county, whether voluntary or com¬
pulsory, is claimed by a foreign Government, paid to a
foreign Government, and could be forced by a foreign
Government.
Indeed, it is too evident to admit of argument that, in
case of War between the United States of the North and
Texas, the military force of the county of Red river could
be, and would be, directed against the Republic of Tex¬
as. Therefore, until the anomaly, or in other words the
impossibility of a "divided allegiance" is explained to
us, we solemnly protest against the Hon. Gentleman's
right to a seat in the Senate of this Republic.
Secondly: We solemnly protest against said seat, on
the ground that the county of Red river has never been
organized in accordance with the requisitions of the laws
of this Republic; that the election, which resulted in the
return of the Hon. Gentleman as Senator, was illegally
and improperly conducted ,* and that his certificate is ut¬
terly informal.
Indeed, the names appended to the Hon. Gentle¬
man's certificate, are names of individuals entirely un¬
known to the laws and Constitution of this Republic.—
Such individuals may or may ndt be ih existence for any¬
thing we know, but, granting that they are in existence,
and granting further, that they are citizens of this Rep¬
ublic,—-yet they are not the individuals authorized
and appointed by law to hold elections, and give certifi¬
cates of membership ; nor can we recognize any certifi¬
cate they may issue, until we previously determine to
set at defiance the Constitution and laws of this Republic.
Thirdly:'We solemnly protest, on the ground, that
we are not fully satisfied that the Hon. Gentleman is a
citizen of this Republic. We conceive it quite possible
that the running of the line from the thirty-second degree
of N. Latitude on the Sabine to Red river, will shew, that
a large portion of that county, and probably the Hon.
Senator's own residence is within the United States of
the North.
For these reasons, amongst others, we enter this our
solemn protest against the right of the Hon. Richard Ellis
to a seat in the Senate of the Republic of Texas ; and
we claim our constitutional privilege of having it record¬
ed on the Journals of this Senate, that posterity and the
( 44 )
world may know the course we have taken in this mat¬
ter, and the motives which induced it.
WM. H. WHARTON,
JOHN DUNN,
J. W. BURTON,
S. H. EVERITT.
Mr. Wharton introduced a resolution to appoint a com¬
mittee to investigate the political condition of Red river
county, and the vote being put, it was lost.
The communication from the first Auditor received
this morning, was read, and referred to the Committee
on Military Affairs.
On motion of Mr. Wharton, Mr. Ellis was added to
the Committees on Finance and Judiciary.
On motion of Mr. Horton, the Senate adjourned till to¬
morrow 10 o'clock, A. M.
November 2nd, 1837.
The Senate met pursuant to adjournment.
On account of the burial of Captain Thompson, the
Senate adjourned till 3 o'clock, P. M.
three o'clock, p, m.
The Senate met pursuant to adjournment.
The Journals were read and approved.
Mr. Wharton introduced.an act fixing the Salary of
the Collector of the Port of Sabine,, wliich was read and
laid on the table.
Mr. Wharton, Chairman of the committee to which
was referred the resolution respecting' the suppression of
gambling, reported by a bill, which was read and laid
on the table.
A communication was received from the first Auditor.
Mr. Burton, Chairman of the Committee on'Military
Affairs, to which was referred the communication of the
first Auditor respecting the accounts and claims of per¬
sons who fell at Goliad, and other places, reported by a
bill, which was read and laid oh the table.
The communication of the first Auditor, received to
( 45 )
day, was referred to the Committee on Military Affairs.
On motion of Mr. Wharton, the Finance bills, which
were the special order of the day,, were referred to a
Special Committee, consisting of Messrs. Wharton, Bur¬
ton, Ellis, and Augustin.
The Senate went into secret session.
The DoorS being opened, the accounts of Satfiuel Wil¬
liams, being the unfinished business of yesterday, were
taken up in a com mittee of the whole.
• A message was received from the House informing
the Senate that the House had concurred in the bill ma¬
king an appropriation for the Post Office Department.
The first item of Williams' accounts was rejected, and
on motion of Mr. Wharton, the accounts were referred
to a special committe consisting of Messrs. Raines,
rPunn, and Ellis.
On motion of Mr. Wharton, Mr. Ellis was added to
(Committee qn Foreign Relations.
Mr. Ellis was called to the Chair.
The bill respecting the public archives was taken up
on its second1 reading, and read section by section.
In section first, line eighth, after the word "commis¬
sioner" were!' added the words "on his order."
In section second, all after the words, "after the fine
is paid," was stricken out, and the words "to be held at
the Seat of Government of this Republic" were inserted
in line sixth after this words "district court."
On motion of Mr. Augustin, the Senate adjourned till
to-morrow at 10 o'clock, P. M.
November. 3rd, 18371
The Senate met pursuant to adjournment.
The Journals were read and approved.
Mr. Burton requested leave to withdraw the petition
of the citizens of Houston county, which was granted.
Mr. Lester, Chairman of the Enrolling Committee, re¬
ported the following bills as having been presented to
His Excellency, the President—viz :
" A Joint Resolution respecting the granting Letters
of MaiYjue and Reprisal."
( 46 )
"A Joint Resolution authorizing the Secretary of War
to grant Discharges."
"An Act to incorporate the Town of Shelbyville, and
granting further powers to the Corporation of San Au¬
gustine and Nacogdoches."
"An Act providing for auditing the Contingent Ex¬
penses of both Houses of Congress, and making an Ap¬
propriation therefor;" and
"A Joint Resolution requiring the Chief Justice of
Brazoria County to issue "Writs of Election for, the pur¬
pose of fixing the Seat of Justice in that county."
Mr. Horton, Chairman of the Committee on Public
Lands, presented the Report of the legal representatives
of the Empressario Stephen E. Austin, made in accord¬
ance with the Resolution passed October 18th, 18-%,
which was read and laid on the table; accompanied also,
with a Resolution tendering the thanks of the Senate to
Messrs. J. F. Perry and Henry Austin, for the faithful
performance of their duty in making said Report—read
and laid on the table.
On motion of Mr. Wharton, one hundred copies were
ordered to be printed; it was also ordered, together with
the Report of the Committee on Foreign Relations, to be
printed in the Telegraph.
Mr. Wharton, Chairman of the Special Committee, to
which were referred the Finance Bills, reported the Act
authorizing the Secretary-of the Treasury to issue Trea¬
sury Drafts with amendments, and the Act for consoli¬
dating and funding the Public Debt without amend¬
ments, and the Report was received, and the Bills laid
on the table.
Mr. Burton, Chairman of' the Special Committee ap¬
pointed to examine the Books of the First Auditor,
presented a Report, which was read and laid on tie
table.
Mr. Wharton introduce! a Resolution to appoint a Com¬
mittee to wait on His Excellency the President, and urg;
the appointment of a Commissioner to settle the Boundaiy
Line between this Republic and the United States of tie
North; and the Rules being suspended, it was adoptel.
Messrs. Ellis and Wharton were appointed said con-
jnittee.
Mr, Wharton introduced a Resolution, appointing
( 47 )
committee to enquire into the political condition of Red-
River County, which was read and laid on the table.
Mr. Wharton introduced a Resolution', instructing the
Committee on Finance to report on the propriety of stop¬
ping the issuing of printed Promissory Notes by indi¬
viduals, which was read and laid on the table.
Mr. Horton, Chairman of the Corpmittee on Claims
and Accounts, reported the petition and accounts of D.
F. Weymouth, asking leave to submit them to the con¬
sideration of the Senate in a Committee of the Whole.
A message was received from the House, informing
the Senate that the House had passed a substitute for
the Resolution of the Senate, respecting the procuring
of Vessels of War for the Repu blic. •
Mr. Horton requested leave to withdraw his Report
on the Accounts of D: F. Weymouth, which was granted.
The substitute received, from the House, appointing
an Agent to purchase Ships of -War was - read and
unanimously concurred in.
ORDERS OF THE DAY.
The Bill respecting the Public Archives, which was
under consideration when the Senate adjourned yes¬
terday, was taken up.
In section first j'line ninth, "sixty" was stricken out
and "ninety" inserted.
In section second "five thousand"-was stricken out
whenever it occurs, and "twenty thousand" inserted.
In section third, "sixty" was stricken outand "ninety"
inserted; also the words, "and upon conviction, the Dis¬
trict Attorney shall receive two hundred and fifty dol¬
lars ip each case for his services," were added.
Mr. Everitt offered an additional section which was
adopted, and the Bill was adopted with the amendments.
The Act authorizing an Extra Session of the District
Court in Brazoria was taken up, and laid on the table
till called up.
The Act fixing the Salary of the Collector of the Port
of Sabine was tgken up on its second reading, and re¬
ferred to a Special Committee consisting of
Messrs* Wharton, Everitt, Horton, and Ellis.
The Act, supplementary to an Act to suppress Gam¬
bling was taken up on its second reading, the last section
( 43 )
was stricken out and it was ordered to be engrossed for
a third reading.
The Act authorizing the Auditor to audit the Accounts
of those who fell at Goliad, and other places, was taken
up on its second reading, aud ordered to be engrossed.
The Act to incorporate the Town of Brazoria was ta¬
ken up on its second reading, and referred to the Commit¬
tee on the Judiciary.
On motion of Mr. Robertson, the Senate adjourned till
3 o'clock, P. M.
3 o'clock, p. m.
The Senate met pursuant to adjournment. '
The petition ot the Stockholders of the Texas Rail-
Road, Navigation and Banking Company, with the ac¬
companying documents, was taken up on its second
reading, and laid on the table as the Special Order of the
Day for Tuesday next, November 7th.
Mr. Horton, Chairman of the Committee on the Judi¬
ciary, to which was referred the Act incorporating the
Town of Brazoria, reported the same without amend¬
ments, and it was ordered to be • engrossed for a third
reading.
The Senate then went into secret session.
The doors being opened,
Mr. Wharton introduced a Resolution respecting the
unfinished business of the session, and, the Rules being
suspended, it passed.
Mr. Wharton introduced a Resolution fixing the time
of adjournment of the Session, and informing the House
of the same; and, the Rules being suspended, it passed.
On motion of Mr. Wharton, the Senate adjourned till
to-morrow 10 o'clock, A. M.
November 4, 1837.
The Senate met pursuant to adjournment.
The Journals were read—amended, and approved.
Mr. Ellis, Chairman of the Special Committe appointed
to wait on His Excellency the President, to urge the ap¬
pointment of a Commissioner to run the Boundary Line
( 49 )
between this Republic and the United States of the
North* reported that His Excellency would make the
nomination to the Senate on Thursday next; and the re->
port was received.
Mr. Wharton, Chairman of the Special Committee to
which was was referred the Resolution fixing the Salary
of the Collector of the Port of Sabine, reported the Rej
solution without amendment; the Report was received,
and the Resolution laid on the table.
ORDERS OF THE DAY.
The Act, supplementary to an Act to suppress Gam¬
bling, was taken up on its third reading—-amended, and
passed.
A message was received from the House, through a
committee, consisting of Messrs. Branch and Gant, in¬
forming the Senate that the House had concurred in the
Resolution of the Senate to adjourn at 12 o'clock; also,
that they had appointed a committee to wait on His Ex¬
cellency the President, to inform him of the same, and
Messrs. Wharton and Horton were appointed a com¬
mittee oa the part of the Senate, to act in conjunction.
with said committee of the House.
On motion of Mr. Wharton, Mr. Lester, Chairman of
the Enrolling Committee, was instructed to wait upon
His Excellency the President, forthwith, to enquire res¬
pecting the Bills that had been passed, and submitted to
him for approval.
On motion of Mr. Raines, there was a recess of the
Senate until the above committees could report.
The committee appointed to wait on His Excellency
the President, returned and reported, that His Excel¬
lency had no communication to make on this occasion. •
Mr. Lester, Chairman of the Enrolling Committee,
reported that His Excellency the President, on account
of ill health, had not been able to take the Bills which
had been passed into consideration, and the Reports
were received.
The Act authorizing the Secretary of the Treasury to
issue Treasury Drafts was taken up on its third reading,
and the Ayes and Noes being called on its passage, stood
as follows:
3
< 50 )
Ayes—Messrs. President, Burton, Dunn and W har¬
ton—4.
Noes—Messrs. Augustin, Bllis, Horton, Lester,
Raines, Robertson and Wilson—7 : lost.
The Act consolidating and funding the Public Debt,
was laid on the table till called up.
The Bill authorizing the Auditor to audit the Claims of
those who fell at Goliad and other places, was taken tip
on its third reading and passed.
The Act to incorporate the Town of Brazoria was
taken up on its third reading—amended, and passed.
The Report of the committee appointed to examine the
Books of the First Auditor, was read a second time and
referred .to the same committee, with instructions to re-
port.
The Bill, voting the thanks of the Senate to J. F. Perrv
and Henry Austin, was taken up on its second reading,
and adopted.
The Resolution, appointing a committee to investigate
the political condition of Red River County, was read a
second time and adopted, and Messrs. Ellis, Horton, and
Raines were appointed said committee.
On motionof Mr. Horton, the Secretary of the Senate
was charged with the care of the Chamber, Papers, &c.T
of the Senate, until the meeting of the regular annual ses¬
sion of Congress.
, O
On motion of Mr. Wharton, the Senate adjourned
nine die.
S. H. EVERITT,
President pro tern, of the Senate.
< 51 )
REGULAR SESSION.
Monday, November 6, IS37.
The time for the regular annual meeting of Congress
having arrived, the Senate met in their Chamber at the
"City of Houston.
The Senate was called to order by the Hon. Stephen
H. Everitt, and went into an election for President pro
tem.
Mr. Wilson nominated the Hon. A. C. Horton.
Mr. Wharton nominated the Hon. S. H, Everitt.
A committee consisting of Messrs. Robertson and
Burton was appointee"! to wait, upon Mr. Barnett, who
was lying sick in a neighboring apartment, to receive Lis
vote.
Mr. Wilson was called to the Chair; and the commit¬
tee having returned, the votes for President pro tem. of
she Senate were given in, and being counted, stood as
follows:
Stephen H. Everitt—6 votes.
A. C. Horton—4 votes.
So the Hon. S. H. Everitt was declared duly elected,
and took the Chair.
On nomination by Mr. Robertson, the following Offi¬
cers were chosen without opposition, viz;
Arthur Robertson, Chief Secretary.
Manasseh Sevey, Assistant Secretary.
E. L. Stickney, Enrolling Clerk.
Oscar Farrish, Engrossing Clerk.
N. T. Byers, Sergeant-at-Arms? and
J. G. Wilkinson, Boor-Keeper.
Mr. Horton introduced a Resolution instructing the
Enrolling Clerk to perform the duties of Reporter, and
fixing his (Compensation at Eight Dollars per diem—
adopted.
( 53 )
Mr. Wharton moved that a committee be appointed
to wait upon the House, and inform them that the Se¬
nate was organized and ready to proceed to business.
The motion was carried, and
Messrs. Wharton and Horton were appointed said
committee.
Mr. Ellis introduced a Resolution, instructing the Pre¬
sident to appoint the Standing Committees of the Senate
to-morrow, which was adopted.
Mr. Horton introduced a Resolution voting the thanks
of the Senate to Arthur Robertson, Chief Secretary, for
the faithful performance of his duty, which was adopted.
On motion of Mr. Wharton, the thanks of the Senate
were voted to all the Officers of the Senate for the faith¬
ful performance of their duty.
Mr. Wharton, Chairman of the Special Committee
appointed to wait on the House, reported.
Mr. Wharton moved that a Committee be appointed
to act in conjunction with one from the House, to wail
upon His Excellency the President, and inform him that
Congress was organized and ready to proceed to busi¬
ness.
The motion was carried, and
Messrs. Wharton, Dunn and Wilson were appointed
said committee.
Mr. Wharton gave notice that, on to-morrow he should
move to take up the Finance and Funding Bill.
A committee from the House, consisting of Messrs.
Jones, of Brazoria, and Menifee, announced that the
House was organized and ready to proceed to business,
having elected the following officers:
JospO'ph Rowe, Speaker
F. R.Lubbock, Chief Clerk.
Augustus L. M'Coy, Assistant Clerk.
Thomas Green, Engrossing Clerk.
R. D. Johnson, Enrolling and Recording Clerk.
Solomon Johnson, Door-keeper.
George S. Stratton, Sergeant-at-Arms.
General Chambers was invited to take a scat within
the bar of the Senate.
A message was received from the House, informing
the Senate that the House had appointed Messrs. Gaz-
ley, Burleson and Branch a committee to act in con-
( 53 )
junction with that of the Senate* to wait upon the
President.
On motion of Mr. Robertsori, the Senate adjourned till
to-morrow 10 o'clock, A. M.
NOWemBBR 7, 1837;
The Senate met pursuant to adjournment; the Jour*
nals were read and approved;
A message was received from the HoUse, through a
committee consisting of Messrs. Jones* of Brazoria, and
Thompson, informing the Senate that the House was
ready to receive the Senate in their Chamber, to hear
the message of His Excellency the President; where*
upon the Senate proceeded to the Representative Hall,
and the Message of his Excellency was read.
On returning to the Senate Chamber, the Standing
Committees fo,r the ensuing Session were nominated bty
the President of the Senate and confirmed.
Mr, Wharton presented the petition of Andrew Moore,
proprietor of the steamboat "Columbia," which was
read and referred tp the Committee on Naval Affairs.
On motion of Mr. Wilson, the Special Committee, ap*
pointed during the called session to enquire into the
expediency of collecting all papers, documents, &c., rcla*
ting to public affairs while Texas was under the Mexi*
can Government, was re-appointed.
On motion of Mr. Burton the Special Committee ap*
pointed during the called session, to examine the Books
of the First Auditor, was re-appointed.
On motion of Mr. Burton, the Claims of Captain Wil*
liams were referred to a Special Committee consisting of
Messrs. Burton, Dunn and Wilson.
ORDERS OF THE DAY.
The petition, with the accompanying enactments, of
the Stockholders of the Texas Rail-Road, Navigation
and Banking Company was taken up on its third read*
ing; and,
On motion of Mr. Robertson, it was laid on the table"
till called up.
Mr. Wharton introduced a Resolution, appointing n
( 64 )
Committee of two to call upon Judge Corzine, or some
other District Judge, for his opinion as to the constitu¬
tionality of the Charter of the Texas Rail-Rqad, Navi¬
gation and Banking Company; and the Rule being sus¬
pended, it. was read a second time and laid on the tabic.
The Senate then, went into secret session.
The doors being opened,
On motion of Mr. Wharton, the Senate adjourned till
v? o'clock, P. M.
3 o'clock, p. ty.
The Senate met pursuant to adjournment.
Two messages were received from His Excellency
the President, and
The Senate went into secret session.
The doors being opened,
Mr. Wharton introduced a Resolution respecting the
return of the Officers of the schooner "Independence,"
and requesting' the President to release all Mexican
prisoners now in the Republic, if there be any, which
was read and adopted.
Mr, Wharton introduced a Resolution respecting the
paying of the officers and crew of the schooner "Inde¬
pendence," which was read and laid on the table.
Mr. Wharton requested leave of absence for a few-
days, which was granted.
On motion of Mr. Wharton, the Senate adjourned till
10 o'clock, A. M., to-morrow.
November, 8,1S37.
The Senate met pursuant to adjournment.
The Journals were read and approved.
The President pro tem. announced the return of His
Excellency Mirabeau B. Lamar, Vice-President of the
Republic, who appeared and took his seat as President of
the Senate; and, having addressed the Senate at some
length, concluded with a request to be excused from at¬
tending to his duties as President of the Senate, for a
few days, which was granted.
Mr. Horton presented the petition of Nelson Jones,
( 55 )
which was read and referred to the Committee on
Claims and Accounts.
Mr. Lester introduced a Joint Resolution, appointing
a committee to contract with some person to print the
Laws passed by the Consultation, the Journals of Con¬
gress, &c., and the Rules being suspended, it passed;—
and
Messrs, Lester, Burton and Augustin were appointed
said committee.
ORDERS OF THE DAY.
The Act fixing the Salary erf the Collector of the Port
of Sabine, was taken up on its second reading and or¬
dered to be engrossed.
The Resolution respecting the paying of the officers
and crew of the schooner "Independence," was taken
up on its second reading and referred to the Committee
<3n the Judiciary, with instructions.
The Resolution, appointing a committee to request of
Hon. Shelby Corzine, his opinion of the constitutionality
of the Charter of the Texas Rail-Road, Navigation and
Banking Company was taken up on its second reading,
and laid on the table till called up.
The Senate went into secret session.
The doors being opened,
On motion of Mr. Burton, a conimittee consisting of
Messrs. Burton, Ellis and Horton was appointed to
wait on His Excellency M. B. Lamar, and rfequest a
copy of his address for publication.
On motion of Mr. Robertson, the Senate adjourned till
to-morrow 10 o'clock. A. M. ,
November 9, 1837,
The Senate met pursuant to adjournment.
There being no quorum, on account of the sickness of
several members, the Senate,
On motion of Mr. Robertson, adjourned till to-morrow
10 o'clock, A. M.
November 10, 1837.
The Senate met pursuant to adjournment.
(*66 )
His Excellency M. B. Lamar, assumed his duties as
President of the Senate, and took the Chair.
Mr. Wilson, Chairman of the Special Committee to
which was referred the Resolution to collect all Public
Documents, &c., of Texas, while under the Mexican
Government, reported by enactments, which were read
and laid on the table.
A message was received from the House, asking the
concurrence of the Senate in an Act making an Appro¬
priation for purchasing a House and Lot for the Presi¬
dent, and repealing a part of the Act locating, tempora¬
rily, the Seat of Government, which was read and laid
pn the table; and also, in an Act to amend an Act dis¬
posing of Galveston and other Islands, which was read,
and the Rule being suspended, it was ordered to be
engrossed for a third reading.
A message was received from the House, asking thd
concurrence of the Senate in an Act to reduce into one,
and to amend the several Acts relating to the establish¬
ment of a General Land Office.
Mr. Horton, Chairman of the Committee on Claims
and Accounts to which was referred the petition of Nel¬
son Jones, reported by a Resolution, which was read and
laid on the table.
The Bill establishing a General Land Office, received
from the House, was read, and two hundred copies or¬
dered to be printed.
A message was received from His Excellency the
President.
A message was received from the House, asking the
concurrence of the Senate in an Act providing for the
the appointment of Notaries Public, which was rend
and laid on the table.
The Senate then went Into secret session.
The doors being opened,
Mr. Everitt introduced a Resolution to refer the un¬
finished business of the first Congress to a committee,
which was read and laid on the table.
On motion of Mr. Everitt, the Senate adjourned till
10 o'clock, A. M., to-morrow.
N0VEMB73R 11, 1S37,
The Senate met pursuant to adjournment.
( 37 )
The Journals were read and approved.
Mr. Robertson presented a petition in behalf of certain
persons of the Nashville Colony; read and referred to
the Committee on Public Lands.
A message was received from the House, asking the
concurrence of the Senate in a Resolution requiring the
First Auditor to dispense with the Affidavits of Claim¬
ants.
Mr. Everitt, oh the part of the Committee on Printing,
reported in favor of making the Land Bill the Special
Order of the Day lor Monday next; and moved a re¬
consideration of the Order to print two hundred copies of
the same, which was carried, and the Report laid on the
table.
A Message was received from the House, asking the
concurrence of the Senate in an Act prohibiting the fur¬
ther sale of Land Scrip; also, in a Resolution author¬
izing the Treasurer to issue Change Notes.
Mr. Burton, Chairman of the Special Committee to
which were referred the Accounts of Samuel Williams,
presented a Report, which was read and laid on the
table.
Mr. Wilson, Chairman of the committee to which was
referred the petition of Andrew M6ore respecting the
steamer Columbia, presented a Report, which was
read and laid on the table.
The Resolution received from the House, requiring
the Auditor to dispense with the Affidavits of Claimants,
was read a first time.
The Resolution authorizing the Treasurer to issue
Change Notes, was read a first time,
The Act prohibiting the further sale of Land Scrip,
was read a first time.
A communication was received from the First Auditor,
which was read and referred to the Committee on tho
Judiciary.
The Act, disposing of Galveston and other Islands,
was taken up on its third reading; and the Ayes and
Noes being called on its passage, stood as follows:
Ayes—Messrs. Burton, Dunn and Everitt—3.
Noes—«-Messrs. Augustin, Barnptt, Horton, Lester,
Raines, Robertson and Wilson—7; and the Bill was lost.
The Apt, making an Appropriation to purchase a
( 58 )
House and Lot for the President, was taken up on its
second reading, and referred to a Special Committee
consisting of Messrs. Everitt, Dunn and Barnett.
The Resolution respecting the unfinished business of
the first Congress, was read a second time and laid on
the table.
The Act providing for the appointment of Notaries
Public, was read a second time and laid on the table.
The Resolu^on authorizing the Auditor to audit the
Accounts of Nelson Jones, was taken up on its second
reading, and, the Rule being suspended, it passed.
The Bill authorizing the President to collect all pub¬
lic documents of Texas while under the Mexican Govern¬
ment, was read a second time and ordered to be
engrossed.
The Senate went into secret session.
The doors being opened,
Mr. Augustin introduced a Bill for Congress to elect
a Board of Medical Censors, and defining their duties,
which was read and laid on the table.
On motion of Mr. Wilson, the Senate adjourned till
3Ionday morning 10 o'clock.
Monday, November 13,1837.
The Senate met pursuant, to adjournment.
The Journals were read and approved.
Mr. Horton, Chairman of the Committee on Claims
and Accounts, to which were referred the Accounts of
D. F. Weymouth, presented a Report with a Resolution
to allow said claims, which was read and laid on the
table.
ORDERS OF THE DAY.
The Act creating a Board of Medical Censors was
taken up on its second reading—amended, and ordered
to be engrossed.
The Act prohibiting the further sale of Land Scrip
Was taken up on its second reading—amended, and or¬
dered to be engrossed.
A message was received from the House, requesting
the accompanying vouchers of the Resolution respecting
Nelson Jones.
( )
The Joint Resolution requiring the Auditors to dis*
pense with the Affidavits of Claimants, was taken up on
its second reading, and indefinitely postponed.
The Resolution authorizing the Treasurer to issue
Change Notes, was taken up on its second reading and
ordered to be engrossed.
The Act providing for the appointment of Notaries'
Public was taken up on its third reading and passed.
The Act authorizing thd President to collect all Public
Documents of Texas, while under the Mexican Govern¬
ment, was taken up on its third reading and passed.
The Report of the Special Committee, to which were
referred the Claims of Samuel Williams, with the ac¬
companying Resolution, was read and referred to a
Special Committee consisting of Messrs. Everitt, Raines
and Dunn.
The Report of the Committee on Printing, respecting'
the printing of the Land Bill, was read a second time—
amended, and adopted.
The Act granting certain privileges to the owners of
the steamer "Columbia," was read a second time and
ordered to be engrossed.
-» • *
The resolution referring the unfinished business of the
first Congress to a Special committee, was adopted, and
Messrs. Everitt, Robertson and Lester were appointed
said committee.
On motion of Mr. Horton, Mr. Everitt was added to
the Committees on the Judiciary and Finance.
On motion of Mr. Everitt, the Senate adjourned till
to-morrow 10 o'clock, A. M.
November 14, 1837.
The Senate met pursuant to adjournment.
The Journals were read and approved*
Mr. Horton, Chairman of the Committee on Claims
and Accounts, to which was referred the' petition
of A. Huston, with the accompanying documents,—
presented a Report which was read and laid on the
table.
A message was received from the House, asking the
concurrence of the Senate in an Act to regulate the Rate
( 60 )
of Interest; also, in an Act respecting the Public
Archives.
Mr. Everitt. Chairman of the Special Committee to
which was referred the Act making an Appropriation to
purchase a House and Lot for the President, reported
by a substitute; and, the Rules being suspended, the
Report was adopted, and the Act passed.
Mr. Everitt, Chairman of the Special Committee to
which was referred the Accounts of Samuel Williams,
presented a Report, which was read and laid on the
table.
ORDERS OF THE DAY.
The Bill to establish a General Land Office, was ta¬
ken up on its second reading.
A Report was received from the Frst Auditor, stating
the amount of Treasury Drafts that had been issued.
A message was received from the House informing
the Senate, that the House had concurred in the substi¬
tute for the Act making an Appropriation for the pur¬
chase of a House lor the President.
Mr. Burton moved to strike out a part of section 8th
of the Land Bill; and the motion being put was lost.
On motion of Mr. Wilson, the Senate adjourned till
to-morrow 10 o'clock, A. M.
November 15, 1837.
The Senate met pursuant to adjournment.
The Journals were read and approved.
Mr. Burton, Chairman of the Indian Committee, asked
leave to return the Report of the Committee on Indian
Affairs, which had been re-referred to said committee, and
introduced a Bill for establishing a Friendly and Com¬
mercial Intercourse with the Frontier. Indians, which
was read and laid on the table.
A message was received from the House, asking the
concurrence of the Senate, in an Act creating the county
of Fannin; also, informing the Senate, that the House
had concurred in the Resolution requiring the Auditor
to Audit the Accounts of Nelson Jones.
The Act creating the county of Fannin, was read and
laid on the table.
( 61 )
The Band Bill was taken up in continuation of its
second reading.
In section 10th, line 13th, after the word "State,"'
were inserted the words "to the best of his knowledge
and belief."
In section 11th, line 24th, after the word "Texas,"
were inserted the words, "or his successors in Of¬
fice."
A message was received from the House, asking the
concurrence of the Senate in an Act amendatory to the
several Acts granting Bounty Lands.
On motion of Mr. Event!, the Senate adjourned till
. tp-morrow 10 o'clock, A, M.
November 16, 1837.
The Senate met pursuant to adjournment.
The Journals were read and approved.
Mr. Wharton presented a petition of the" proprietors
of the town of Liverpool, for a Port of Entry at the West
end of Galveston Island, which wras read and referred
to the Committee on Naval Affairs;
An Act amending the several Acts granting Bounty
Lands, received yesterday from the House, was read a
first time and laid on the table.
Mr. Wharton introduced a Resolution providing for
paying the Officers and Crew of the schooner "Inde¬
pendency," which. was read a first time and laid on the
table.
The Land Bill was taken up ip continuation of its
second reading. , '
o ' 9
In section, 12th, all from the word "widows" an the
25th line, to the word "prescribed" in the 27th line was
stricken out, and the following inserted; "that Widows
and the legal Representatives of Orphans, shall take and
subscribe to so much of the aforesaid Oath, as is required
for a confirmation of claim;—with the exception .of so
much as relates to leaving the country, and participating
in the war."
A message was received from the House, asking the
concurrence of the Senate in an act to incorporate the
Houston, Brazos and Colorado Rail Road Company :—
0
( 62 )
also, in a joint resolution requiring the President to re¬
duce the representation of this Government at the city of
Washington.
To section 12th of the Land Bill, the following addi¬
tion was made : "And be it further enacted, that all
orders for surveys of head-rights, procured under the
Colonization laws previous to the Declaration of Inde¬
pendence, shall be submitted to the examination of the
Land Commissioners, and the holders of the same,
whether they be the original claimants, their heirs or as¬
signees, shall be subjected to the same formalities and
requisitions, in procuring said head-rights, as pointed out
for other individuals in this law. And in all cases where
grants have been obtained and perfected under the Col¬
onization law, and the same have been sold, and subse¬
quently forfeited by a removal of the original claimants
from the conntry, the assignee or legatee claiming it by
purchase, inheritance or otherwise1, shall be required to
submit said claim to the Land Commissioners, for rejec-
• tion or Confirmation in the like manner as other claimants
under this law."
A message was received from the House, asking the
concurrence of the Senate in a joint resolution for the re¬
lief of persons who have been prisoners in the hands of
the Mexicans.
On motion of Mr. Everitt, Mr. Wharton was added to
the Navy Committee.
On motion of Mr. Robertson, the Land Bill was laid
on the table, as the special order of the day for Satur-
day.
The resolution from the House granting relief to all
persons, who have been imprisoned by the Mexicans,
ivas read a first time, and the ayes and noes being call¬
ed on the^suspension of the rule for a second reading,
stood as follows ;
Ayes—Messrs. Barnett, Burton, Dunn, Everitt, Rob¬
ertson and Wharton—6.
Noes—Messrs. Augustin, Horton, Lester and Raines; 4.
The President of the Senate decided that two-thirds
were necessary to suspend the rule.
Mr. Wharton introduced a resolution that two-thirds
of the members present might suspend the rules; read
a first time, and laid on the table.
{ 63 )
On motion of Mr. Wharton, the Senate adjourned till
to-morrow 10 o'clock, A. M.
November 17th, 1837.
The Senate met pursuant to adjournment; there not
being a quorum present, in consequence of the illness of
several members.
The Senate adjourned till 3 o'clock, P. M.
three o'clock, p. m.
The Serrate met pursuant to adjournment; no quorum
present, in consequence of the continued illness of seve¬
ral members.
The Senate adjourned until to-morrow morning at 10
o'clock.
November, ISth, 1837.
The Senate met pursuant to adjournment.
The Journals were .read and approved.
Mr. Wilson, Chairman of the Navy Committee, to
which was referred the message of the President, with
accompanying documents relating to Hop. S. Rhodes
Fisher, presented a report which was read? and the
Ayes and Noes were called on its adoption*
Mr. Horton requested to be excused from voting,
which was refused, and the vote stood as follows :
Ayes—Messrs. Augustin, Barnett, Burton, Raines,
Robertson, Wharton, and Wilson—7.
Noes—Messrs. Dunn, Everitt, Ellis, Horton, and Les¬
ter—5: and the report was adopted, and laid on the
table, as the special order of the day for Wednesday
next.
A message was received from His Excellency the Pre¬
sident.
A message was received from the House, asking the
( 04 )
concurrence of the Senate in a joint resolution for the re¬
lief of Holland, Coffee & Co i in an act to define the
boundaries of Shelby County: in an act authorizing
Judges of District Courts to hold special terms :—also,
informing the Senate, that the House had concurred in a
joint resolution to appoint a committee to contract for
printing certain documents.
The Senate went into secret session.
The doors being opened, Mr. Lester, Chairman of the
Enrolling Committee, reported the following bills :
"An act to incorporate the town of Brazoria."
"An act providing for the appointment of Notaries
Public." *
"An act making an appropriation for purchasing a
House for the President;"
And. "a joint resolution requiring the Auditor to audit
the accounts of Nelson Jones*"
The Land bill was taken up in continuation of its se¬
cond reading. In section 12th, lines 46th and 47th, the
words "and perfected" were struck out: in 48th line the
words "sold and subsequently" were struck out: in line
46th "when" was struck out, and "where" inserted: in
line 49th, after the word country,J the words "or from
any other cause" were inserted. An amendment was
offered granting the right of appeal to the district courts;
and the ayes and noes being called, stood as follows:
Ayes—Messrs'. Barnett, Burton; Wilson and Whar¬
ton—4.
Noes—Messrs. Augustin, Dunn, Everitt, Ellis, Horton,
Lester, Raines and Robertson—S.
So the amendment was lost, and the section adopted.
Section 13th was adopted.
An amendment was offered to section 14th, to find the
clerk of the boards of Land Commissioners in office sta¬
tionary, &c., and the ayes and noes being called, stood
as follows:
Ayes—Messrs. Augustin, Horton and Wharton—3.
Noes—Messrs. Barnett, Burton, Dunn, Everitt, Ellis,
Lester, Raines, Robertson and Wilson—»9; and the
amendment was lost.
A message was received from the House asking the
concurrence of the Senate in a joint resolution for the re¬
lief of Ellen O'Donovatt,—the Land bill being laid on the
( 65 )
table for action ,bn the same, the joint resolution was
read, and thejcnles being suspended, it passed. ■ -,
The Land bill was again taken up. In section 15th,
line 15th, the words "may remain in session as long as
they think proper to do so" were struck out, and the
words, "and shall remain in session so long as may be
necessary for the transaction of the business before the
board" were inserted, and the section adopted.
Section 16th was adopted.
To section 17th, the following addition was' made :—
"Provided that this section shall only embrace the citi¬
zens, who were citizens on the day of the- Declaration of
Independence." Also, was added, "Provided that the
administrator of an estate shall procure an order of sur¬
vey in the county in which letters of administration have
been obtained." Another amendment was offered by
Mr. Wharton, when on motion of Mr. Wharton, the Sen¬
ate adjourned till 3 o'clock, P. M.
Three o'clock, i p. ivp
The Senate met pursuant to adjournment.
The Land bill was taken up on Mr. Wharton's amend¬
ment to section 17th.
Mr. Ellis moved an adjournment till Monday, and the
ayes and noes being paljed, stood as follows : ,
Messrs. Everitt, Ellis, Horton, Raines and Wil¬
son—5.
Noes—Messrs. Augustin, Barnett, burton, Dunn,
Lester, Robertson and Wharton—7; and- the motion
was lost.
The ayes and noes were then called, on the adoption
of Mr. Wharton's amendment, and stood as follows,:
Ayes—Messrs. Dunn, Horton,' Lester, Robertson,
Wharton and Wilson—6.
Noes—Messrs. Augustin, Burnett, Burton, Everitt,
Ellis and Raines—6.
The votes being equally divided, the President of the
Senate voted in the affirmative,, and the amendment
was adopted, as follows : After the word "equal" in
line 11th, "Provided said settler or occupant, had made
6*
(•60 )
his settlement, or occupancy prior to the closing of the
Land Office by the Consultation or Provisional Govern¬
ment, in November or December, Eighteen Hundred and
Thirty-five; and provided, also', that no'settlement, sur*
vey, orlocatiom made between the closing of the Land
Office by the Consultation, or Provisional Governments,
and the passage of this act, shall be in any manner re¬
spected or regarded, but if any person' can prove by two
competent witnesses, that, before the closing of the Land
Office, he- had in conformity with the then existing laws
made a selection of land, that selection shall be respect¬
ed although his occupancy of said land may have been
prevented by the state of warfare in which the country
has been involved
On motion of Mr. Wilson, the Senate adjourned till
Monday morning 10 o'clock.
November 20th, 1S37.
The Senate met pursuant to adjournment.
The Journals were read and approved.
On -motion of Mr. Robertson, tire Land bill, which was
the order of the day, was laid on the table, and the joint
resolution providing for paying those persons who have
been prisoners in the hands of the Mexicans, waS taken
up on its second reading, and laid on the table till called
UP*
The Land Bill was taken up in continuation of its se¬
cond reading.
Mr. Wharton moved a re-consideration of the amend¬
ment to section 17th, offered by him and adopted on Sat¬
urday, and the motion being ptit was lost.
Sections 18th, 19th and 20th, were adopted
In section 21st, line 5th, after the word "stream," were
inserted the words "if the circumstances of lines pre¬
viously surveyed under the laws, will permit," and the
section was adopted.
Section 22nd was adopted.
A message was received from the President.
In section 23rd, line 6t.h, after the word "provided"
were inserted the words, "that the individual who is
( 67 )
embraced in this section did participate in. the struggle,
and did not run before the battle of San Jacinto."
A committee from the House was announced, and in¬
vited the Senate to attend in the Representative Hall
to-morrow 12 o'clock, to hear the President's Message.
Mr. Burton moved to strike out, in section 23rd, the
>vords "or may marry within the next twelve months '
and the yeas and nays being called stood as follows :
Yeas—Messrs. Burton, Everitl, and Wilson—3.
Nays—Messrs. Augustin, Barnett, Dunn, Ellis, Hor-
ton, Lester, Raines, Robertson, and Wharton—9: and
the motion was lost.
Mr. Wilson moved to strike out the section, and the
ayes and nays being called, stood as follows :
Ayes—Messrs. Burton, Everitt and Wilson—3.
Noes—Messrs. Augustin, Barnett, Dunn, Ellis, Hor-
ton, Lester, Raines, Robertson and Wharton—9 : so the
motion was lost, and the sedtion adopted.
On motion of Mr. Ellis, the Land Bill'waslaid on the
table, and the' Senate went into secret session.
The doors being opened, the Senate adjburned till
3 o'clock, P. Mi.
THREE O'CLOCK, P. M.
The Senate met pursuant to adjournment.
The Land bill was taken up in continuation of its se¬
cond reading.
Mr. Robertson moved to strike out 'from the \vords,
ilab initio," line 15th, section 24-th, to the'end of the seci
ti'onj and the ayes and noes being called, stood as fol¬
lows :
Yeas—Messrs. Augustin, Burton, Lester and Whar¬
ton—4.
Nays—Messrs. Barnett, Dunn, E veritt, Hortort,' Raines,
Robertson and Wilson—7 : so the motion \ya,s lostl
Sections 25th, 26th,' and 27th—adopted.
A message was received from the House informing
the Senate, that the Commissioners, who were appoint¬
ed to select a site for the Seat of Government had report¬
ed, and the House solicited the appointment of a com-
( 8^ )
mittee on the part of the Senate to act in conjunction with
one of the House, in said report. :
> Section 28th was adopted,
Mr. Burton offered an amendment to section 29th.
On motion of Mr. Wilson, the Senate adjourned till
to-morrow 10 o'clock, A. M.
November 2lst, 1837.
The Senate met pursuant to adjournment.
The Journals were read and approved.
Mr. Horton, Chairman of the Committee on the Judi¬
ciary, to which was referred' the communication of the
first Auditor, reported by bill, which was read, and the
rule being suspended, it was read a second time, and re-,
ferred to a special committee, consisting of Messrs. Ever-
itt, Burton and Ellis. ,
Messrs. Augustin, Barnett, Everitt, Raines, and Dunn,
were appointed a committee, to act in conjunction with
that of the House, on the report of the Commissioners
appointed to select a Seat of Government.
Messrs. Everitt and Wharton were appointed a com¬
mittee, to inform the House of the Senate's acceptance
of their invitation to attend in the Representative Hall, to
hear the'President's Message.
, 4 O m
Mr. Dunn introduced a resolution respecting the Seat
of the Senator from Austin, which was read, and laid on
the table.
The Land bill was taken up in continuation of its se¬
cond, reading on Mr. Burton's amendments to section
29th.
A message was received from the House, requesting
the Senate to appoint a committee to act with one of the
House, to wait on the President, and inform him that
Congress was ready to receive any communication he
might have to make.
The Land Bill was laid on the table till called up.
Messrs. Wharton and Horton were appointed a com¬
mittee to wait upon the President, and during their ab¬
sence, the Senate took a recess until 10 minutes before
2 o'clock.
<L C9 )
The recess having expired, the Senate , adjourned to
the Representative Hall, and the President having de¬
livered his Message, the Senate' returned to the Senate
Chamber, and on motion of Mr. Everitt, adjourned till 3
o'clock, P. M.
5 o'clock, p. m.
The Senate met pursuant to adjournment.
A report of the first Auditor was received, and read.
On motion of Mr. Wharton, five hundred copies of the
President's message were ordered to be printed, in ex¬
tra form, and the Printing Committee was instructed to
request it to be printed in the Telegraph. ,
The Land bill was taken up on Mr. Burton's amend¬
ment to section 29th, and the ayes and noes being
called, on the adoption of the amendment, stood as fol¬
lows
Ayes—Messrs. Barnett, Burton, Everitt, Horton,
Raines, Robertson and Wharton—7.
Noes—Messrs. Augustin, Dunn, Lester and Wil¬
son—4. 1 '
So the amendment waS adopted, as follows : After
the words "Section 29th," insert the following : "Be if
further enacted that every volunteer who arrived in 'this
Republic after the- 2nd bf March, 1336, and before the
1st of August, 1836; and has received an honora¬
ble discharge, and has taken the oath prescribed
by the Constitution, shall receive the quantity of land by
this act secured to original colonists; 'provided, that the
priority of location mentioned in the 38th section of this
act shall be adhered to: And1 further provided, that
none but the person who served, or his heirs, shall be en-,
titled to the benefit of this provision, and all augmenta¬
tion shall accrue to the original claimant, and not to the
person to whom it may have beeti transferred." Also,11
strike out "firSt of October, 1837" wherever it occurs,
and substitute "first of Augbst, 1836"-—and the section
was adopted. ' 1
In section 30th, the ayes and nobs were called on in¬
serting the Words "whether on sea or land" in second
line after the word "Te^as," and they stood as follows :
[. ™ ]
Ayes—Messrs. Barnett, Burton, Everitt, Robertson,
and Wharton—5.
Noes—Messrs. Augustin, Dunn, Horton, Lester,
Raines and Wilson—0; and the section , \tfas adopted.
.Sections 31st and 32nd were adopted.
. In section 33rd "fifteen hundred" was struck out, and
"two thousand" inserted, and the section was adopted.
Sections 34th, 35th, 36th and 37th were adopted.
Mr. Fowler having been requested to act as chaplain
of the Senate, tiie request was unanimously confirmed.
The Senate went into secret session.
The doors being opened, on motion of Mr. Everitt, the
Senate adjourned till to-morrow 10 o'clock, A. M.
November 22nd, 1S37.
The Senate met pursuant to adjournment.
The Journals were read and approved.
. On motion of Mr. Wharton, the Printing Committee
was instructed to inform the printer that the President's
Message was not to be inserted in the Telegraph at the
expense of Congress.
Mr. Everitt, Chairman of the Committee on unfinish¬
ed business, reported the petition of J. M. Clifton, with
an accompanying resolution, which was read, and laid
on the table.
Messrs. Wharton and Everitt, were appointed a com¬
mittee to wait on the Rev. Mr. Fowler, and inform him
of his election as Chaplain of the Senate.
Mr. Lester, Chairman of the Enrolling Committee, re¬
ported the following bills, as having been presented to
the President viz:—
'An act making an appropriation for purchasing a
House for the President."
"A joint resolution for the relief of Ellen O'Donovan,"
"Ahdajoint resolution appointing a special committee
on printing."
The report of the Navy Committee, being the special
order of the day, the ayes and noes were called on sus¬
pending it, and stood as follows ;
( 71 )
Ayes—Messrs. Augustin, Horton, Lester, Raines, Ro¬
bertson and Wilson—6.
Noes :—Messrs. Barnett, Dunn, Everitt, and Whar¬
ton—4: so the order of the day was suspended, and the
Land Bill was taken up.
A new section was inserted after section 37th, as fol¬
lows :
Section 38th—"And be it further enacted, that when
two or more locations have heretofore been made on, and
titles granted for, the same piece of land, or where the
boundaries of differently titled, surveys fconflict with each
other, the party who has his title or order of survey of
subsequent date, may, on proper showing of all the facts,
and the certificate of a legal surveyor to the board of
Land Cammissioners of the cdunty' in which the land
lies, have his former title cancelled by said board, and a
new order issued for his quantum of land, or so much
thereof as may be affected by the conflicting lines , or
boundaries mentioned in this section."
Section 39th was adopted.
Mr. Horton offered an additional section, (40.)
Mr. Wharton offered an amendment to the same, and
the motion being put was lost.
On motion of Mr. Burton, the Land bill was laid on the
table till called up.
On motion of Mr. Wharton,, the Senate adjourned till
3 o'clock', P.# M.
THREE o'CLOCk, P. M.
The Senate met pursuant to adjournment.
There not being a quorum present, the Senate adjourn¬
ed till 10 o'clock, A. M. to-morrow.
On motion of Mr. Everitt, the ayes and noes were
called, on re-considering the adjournments, and stood as
follows :
Ayes—Messrs. Dunn, Everitt, Robertson and Whar¬
ton—4.
Noes—Messrs. Burton, Horton, Lester, and Wil¬
son—4.
The votes being equally divided, the President of the
( 72 )
Senate voted in the negative, and the Senate stood ad¬
journed till to-morrow 10 o'clock, A. M.
November 23rd, 1837.
The Senate met pursuant to adjournment.
The Journals Were read, and Mr. Horton moved that
that' part of the Journals relating to re-considering the
vote for adjournment be stricken out, and the motion be¬
ing put was lost and the Journals approved.
Mr. Everitt presented a petition of G. W. Barnett, in
behalf of the heirs of Thomas F. Edwards.
On motion gf Mr. Everitt, a committee was appointed
to investigate all cases of the kind set forth in said peti¬
tion.
Messrs, Everitt, Lester, and Robertspirq were appoint¬
ed said committee, and Mr. Barnett's petition was refer-
r ed to it.
The Senate went into secret session.
The doors being opened, Mr. Everitt moved that the
Land Bill be taken up, and the ayes and noes being call¬
ed, stopd as follows :
Ayes—-Messrs. Everitt, Ellis, Lester and Raines—4.
Nays—Messrs. Barnett, Burton, Dunn, Horton, Ro- ,
bertson, Wharton and Wilson—7 : and the motion was
lost.
On motion of Mr. Wharton, the report of the Navy
Committee respecting S. Rhodes Fisher wgs taken up.
Mr. Horton requested leave of absence for the Hon.
Mr- Augustin, and the ayes and noes being called on
granting the request, stood as follows :
Ayes—Messrs. Ellis,, Horton, Lester and Raines—4.
Noes—Messrs. Barnett, Burton, Dunn, Everitt, Rob¬
ertson, Wharton, and Wilson—7: so the request was re¬
fused..
The report of the Navy Committee was read, and on
motion of Mr. Wharton, the counsel of the President,
aud of the Secretary, were invited to take seats within
the bar.
Ma Everitt introduced a resolution, declaring the rea¬
sons of the President for suspending the Secretary of the
( 73 )
Navy from his duties, unsatisfactory; which was read a
first time, and the rule being suspended, the Senate went
into an investigation of the case in a committee of the
whole.
Mr. Everitt moved that the Counsel of the President
open the case, and the Counsel of the Secretary conclude,
to which the Counsel of the President objected, and the
ayes and noes being called, stood as follows :
Ayes—Messrs. Everitt and Robertson—2.
Noes—Messrs. Barnett, Burton,"Dunn, Ellis, Horton,
Lester, Raines, Wharton and Wilson—9: and the mo¬
tion was lost.
Mr. Gray, one of the Counsel for the President, com¬
menced opening the case by reading the charges and ev¬
idence.
A message was received from the House, asking the
concurrence of the Senate in an act to establish the
county of Fayette: Also, in an act to organize the Mili¬
tia of the Republic of Texas.
On motion of Mr. Everitt, the Senate adjourned till
half past 2 o'clock, P. M.
half-past 2 o'clock, p. m.
The Senate met pursuant to adjournment.
The resolution declaring unsatisfactory the reasons of.
the President for suspending the Hon. S. Rhodes Fisher
was taken up and Mr. Gray resumed reading the charges
and evidence.
On motion of Mr. Horton, the Senate adjourned till to¬
morrow 10 o'clock, A. M.
November, 24th, 1837.
The Senate met pursuant to adjournment.
The Journals were read and approved.
Mr* Wharton presented the petition of George E.
Swan, praying for exemption from duties on certain ar¬
ticles—which was read and referred to the Navy Com¬
mittee.
7
( 74 )
Mr. Everitt gave notice that he .should present the pe¬
tition of John Woodward.
Mr. Wilson, Chairman of the Navy Committee, to
^which was referred the petition of the proprietors of the
town of Liverpool, praying for a Port of Entry at the
west end of Galveston Island, reported by bill—which
was read a first time.
The resignation of the Hon. Mr. Augustin was receiv¬
ed and read.
Mr.. Wharton introduced a resolution to request the
President to issue writs of election to fill the vacancy
occasioned by the resignation of Hon. Mr. Augustin,
which was read, and the rules being suspended, it was
adopted. ,
Mr. Everitt, Chairman of the Committee to which
was referred the petition of G. W. Barnett in behalf of
the heirs of Thomas' F. Edwards, reported by bill, which
was read a first time.
The Resolution respecting the suspension of Hon. S.
Rhodes Fisher was taken up, and the reading of the
charges and evidence was continued.
A message was received from the House, asking the
concurrence of the Senate in an act defining the Bounda¬
ries of the county of Liberty; also, in an Act fixing the
Salary of the Indian Commissioners.
On motion of Mr. Horton, the Senate adjourned till
3 o'clock, P. M.
3 o'clock, p. m.
The Senate met pursuant to adjournment.
The investigation of the case of Hon. S. Rhodes
Fisher was continued.
A message was received from the House, asking the
concurrence of the Senate in an Act for the relief of Ma¬
nuel Carabajal;—in an Act for the relief of Lucinda
Shannonin an Act to incorporate the Colorado Navi¬
gation Company, and in a Joint Resolution to compen¬
sate the Commissioners appointed to select a Seat of
Government.
( 75 )
On motion of Mr. Horton, the Senate adjourned till
to-morrow 10 o'clock, A. M.
November 25,|l837.
Thb Senate met pursuant to adjournment.
The Journals \vere read and approved. .
Mr. Wharton introduced a Resolution, instructing the
Committee on Public Lands to offer an additional section
to the Land Bill, enumerating the navigable streams of
the Repulic, which was reaxl, and the Rules being sus¬
pended, it was adopted.
Mr. Everitt introduced a Resolution, fixing the time
of the adjournment of the Senate, wjiich was read a first
time.
Mr. Burton was appointed to fill the vacancy occa¬
sioned by the resignation of Mri Augustin, in the com¬
mittee appointed to report on the; Report of the Com¬
missioners for selecting a permanent Seat of Govern¬
ment.
Messrs. Robertson and Lester were added to the Com¬
mittee on Public Lands.
The Resolution respecting the suspension of Hon. S.
Rhodes Fisher was taken up, and; the investigation of
the case continued.
On motion of Mr. Horton, the Senate adjourned till
half-past 2 o'clock, P. M.
half-past 2. o'clock p. m.
The Senate met pursuant to adjournment.
The Resolution respecting the suspension of the Hon,
S. Rhodes Fisher was taken up, and the arguments
concluded.
Mr. Wilson introduced a Resolution to. notify the Pre¬
sident, that he can appear in the Senate and offer iany
suggestions he may think proper, in the case above-men¬
tioned. [Not acted upon.]
On motion of Mr. Horton, the Senate adjourned till
Monday morning 10 o'clock.
Monday, November 27, 1837.
The Senate met pursuant to adjournment.
( '6 )
The Journals were read and approved.
Mr. Burton presented the petition of Robert Wilson
and others, praying for remuneration for property de¬
stroyed during the War, which was read and referred to
the Committee on Claims and Accounts.
Mr. "V^ilson presented the petition of Messrs. Cham¬
berlain and Clendenin, which was read and referred to
the Committee on Military Affairs.
Mr. Wilson introduced a memorial, with an accompa¬
nying resolution, allowing commercial intercourse with
the Mexicans under certain restrictions, which was read
and referred to a Special Committee consisting of Messrs.
Wilson, Dunn ancf Wharton.
Messrs. Everitt and Hortop were appointed to make
certain enquiries of the Secretary of the Treasury, res¬
pecting the Promissory Notes of the Government.
The Senate went into secret session.
The doqrs being opened,
On motion of Mr. Everitt, the Senate adjourned till
3 o'clock, P. M.
three o'clock, p. m.
The Senate met pursuant to adjournment.
A message was received from the House, asking the
concurrence of the Senate in an Act to create the County
of Fort Bend; also, in an Act to define the Boundaries
of Red River County,*—in an Act to create the County
of Robertson, and in a Joint Resolution to adjourn Con¬
gress to Washington on the 2nd December.
The Joint Resolution for adjourning was read, and
indefinitely postponed.
The Senate went into secret session.
The doors being opened,
On motion of Mr. Everitt, the Senate adjourned till
to-morrow 10 o'clock, A, M.
November 28, 1837.
The Senate met pursuant to adjournment.
The Journals were read and approved.
Mr. Dunn presented the petition of Mr. M'KinneJ' &
( 77 )
Williams, which was read and referred to the Commit¬
tee on Claims and Accounts.
A communication from the Secretary of the Treasury
respecting the Treasury Notes, was received and re¬
ferred to a Special Committee consisting of Messrs.
Wharton, Horton and Raines.
Mi*. Wharton presented the proposition of Alfred Du-
pong respecting a ship of war, which was referred to
the Committee on Naval Affairs.
Mr. — was appointed interpreter of Con¬
gress.
Mr. Everitt, from' the Joint Special Committee to
which was referred the Report of the Commissioners
appointed to select a Seat of Government, presented a
Report with enactments, which was read and laid, on
the table.
Mr. Everitt introduced an Act to incorporate .the Ne-
ches River Navigation Company, which was read a first
time.
Mr. Horton introduced an Act to incorporate the town
of Matagorda, which was read a first time.
Mr. Wharton introduced a Joint Resolution providing
for establishing, permanently, the Seat of Government,
which was read a first time.
Mr. Burton introduced a Resolution to appoint a com¬
mittee of two to enquire respecting the adoption of a
Code of Laws, which was read a first time. ■
ORDERS OF THE DAY.
The following Bills from the House, were taken up:
"An Act to define the Boundaries of Red River
County" was read a first time.
"An Act to create the County of Robertson" was
read a first time.
" An Act creating the County of Fort Bend" was read
a first time. •
" An Act authorizing the Judges of the District Courts
to hold Special Terms in certain cases" was read a
first time.
"An Act to define the Boundaries of the County of
Liberty" was read a first time, and referred to a Spe¬
cial Committee consisting of Messrs. Everitt, Ellis and
Burton.
7*
( 78 )
"An Act establishing the County of Fayette'5'^a^'
read a first time. r •>
"A Joint Resolution fixing the Pay of the Indian
Commissioners" was read a first time, and the Rules-
being suspended, it was amended and passed. ,. - .
" A Joint Resolution fixing the Pay of the Commit
sioners for locating the Seat of Government" was read
a first time.
"A Joint Resolution for the relief of Holland, Coffee
& Co." was read, and the Rules being suspended, it
was adopted.
Mr. Wharton introduced a Resolution for Congress to'
adjourn on the 15th of December next, to meet at this
City, which was read a first time.
The Senate went into secret session.
The doors being opened,
On motion of Mr. Wharton, the Senate adjourned till
3 o'clock, P. M.
three o'clock, p. m.
The Senate met pursuant to adjournment, and went
into secret session.
The doors being opened,
The injunction of secrecy was removed, and permis¬
sion granted to the Reporter to have the proceedings, iii
the case of the Hon. S. Rhodes Fisher, published at his
expense.
On motion of Mr. Barnett, the Senate adjourned till
to-morrow 10 o'clock, A. M.
November 29, 1837.
The Senate met pursuant to adjournment; the Jour¬
nals were read—amended, and approved.
A message was received from the House, informing
the Senate that the amendments of the Senate to the Act,
fixing the Pay of the Indian Commissioners, were not
concurred in by the House.
Mr. Dunn presented a petition for the relief of George
F. Kemper, which was referred to the Committee on
Claims and Accounts.
( 79 )
Mr. Horton presented the Accounts of Robert Henry,
"which were referred to the Committee on Claims and
Accounts.
Mr. Burton presented the petition of Captain Duro-
cher, which was referred to a Special Committee con¬
sisting of Messrs. Burton and Wharton.
. A message was received from the President.
Mr. Wilson presented the petition of John Woodruff,
which was referred to the Committee on Claims and Ac¬
counts.
Mr. Wilson, Chairman of the Navy Committee to
which, was referred the proposition of Alfred Dupong,
reported favorably; and, the Rules being suspended, the
Report was adopted; and Messrs. Wilson and Horton
were appointed a committee to wait upon the- President
with the Report.
Mr. Wilson, Chairman of the Committee on Military
Affairs to which was referred the petition of Messrs.
Chamberlain and Clendenin, presented a Report, and
the Rules being suspended, it was adopted; ana Messrs.
Burton and Robertson were appointed a committee to
wait upon the President with the Report.
Mr. Burton introduced a Resolution to recognize the
Private Secretary of the President, and providing for
his pay, which was read a first time.
Mr. Horton introduced a Joint Resolution, to admit ti¬
tles issued by Austin and others, as evidence, which
was read a first time; and, the Rules being suspended,
it was referred to the Committee on Public Lands.
Mr. Horton introduced a Joint Resolution providing
for paying the Commissioners appointed to close the
Land Office in 1835; and, the Rules being suspended,
it passed.
Mr. Everitt introduced a Resolution forbidding the in¬
troduction of New Business after the 3rd December,
which was read a first time.
Mr. Wilson, Chairman of the Committee to which
was referred the Resolution authorizing Commercial In¬
tercourse with the Mexicans, under certain restrictions,
reported favorably; and the Report was laid on the table.
Mr. Burton introduced a Resolution for the relief of
Holders of Government Liabilities, which was read a
first time.
( 80 )
The Senate went into secret session.
The doors being opened,
Messrs. Horton, Everitt and Barnett were added to
the Committee on Foreign Relations.
The Resolution fixing the Pay of the Indian Commis¬
sioners, returned from the House with objections to the
amendments of the Senate, was read, and the amend¬
ments receded from.
Mr. Wharton introduced a Resolution, requiring the
Secretary of State to furnish the Committeee on Foreign
Relations with all the correspondence of Messrs. Whar¬
ton and Hunt, our Ministers near the Government of the
United States, with the Secretary of State of the United
States: and the Rules being suspended, it was adopted.
Mr. Horton, Chairman of the Committee on Claims
and Accounts to which was referred the petition of
Messrs. Wilson and Harris, reported that they consi¬
dered any action of Congress on said petition inexpedi¬
ent.
On motion of Mr. Burton, the Land Bill was taken up
in continuation of its second reading, on Mr. Wharton's
amendment to an additional section offered by Mr.
Horton.
Mr. Everitt offered a substitute for the additional sec¬
tion.
The additional section and amendments were with¬
drawn, and,
On motion of Mr. Raines, the Senate adjourned till 3
o'clock, P. M.
three o'clock, p. m.
The Senate met pursuant to adjournment.
The Land Bill was taken up, and
Mr. Everitt offered an additional section (39) to he
inserted after 38, to which Mr. Robertson offered an
amendment.
A message was received from the Plouse, asking the
concurrence of the Senate in an Act to require District
Judges to reside permanently in their proper Districts;
also, in a Joint Resolution'for the relief of C. C. Dewitt.
The Ayes and Noes being called, on the adoption of
Mr. Everitt's additional section, stood as follows:
( 81 )
Ayes—Messrs. Barnett, Dunn, Everitt, Horton, Lester
and Robertson—6.
Noes—Messrs. Burton, Raines, Wharton and Wil¬
son—4; and the section was adopted.
On motion of Mr. Robertson, the Senate adjourned
till to-morrow 10 o'clock, A. M.
November 30, 1837.
The Senate met pursuant to adjournment.
The Journals were read and approved.
Mr. Everitt, Chairman of the Committee on unfinished
business, presented the petition of A. T. Burnly and
others, which was read aud referred to a Special Com¬
mittee consisting of Messrs. Everitt, Robertson and
Lester.. A.
Mr, Wilson, Chairman of the Navy Committee to
which was referred the proposition of Alfred Dupong,
repotted another, and different translation of the same,
>yhich was re-referred to the, same committee.
Mr. Horton, Chairman of the Committee on Claims
atrd Accounts to which was ,referred the petition of John
Woodruff, reported by Resolution, which was read, and
the Rules being suspended, it was adopted.
, ;Mr„ Wilson presented the petition of Marshall Mann,
which was read and referred to the Committee on
Claims and Accounts.
. Mr. Everitt presented the petition of Dugald Brown,
which was read and referred to a Special Committee
consisting of Messrs. Everitt, Robertson and Lester.
Mr. Burton, from the Committee on Foreign Rela¬
tions to which was assigned Ithe duty of examining the
correspondence of our Ministers with the Secretary of
State of the United States, presented a Report, which
was read, and the Rules being suspended, it was
adopted.
A message was received from the House, asking the
concurrence of the Senate in the following Bills, viz:
A Bill to define the Boundaries of the county of Wash¬
ington.
A Joint Resolution for the relief of John Buchanan.
A Joint Resolution making appropriations for the Ge-
( S2 )
neral Land Office, and to defray the Contingent Ex¬
penses of both Houses of Congress.
An Act to define the Boundaries of the County of
Mina.
An Act to define' the Boundaries of the • County of
Gonzales.
i\jfi Act to define the Boundaries of the County of San
Augustine, and,
A Bill granting Lands to those who were in the battle
of San Jacinto.
Mr. Everitt introduced a Resolution to allow the Sec¬
retary of War an additional Clerk, which was read, and
the Rules being suspended, it passed.
Mr. Robertson introduced a Resolution, to appoint a
committee of two to enquire of the Secretary of the
Treasury respecting the donation of ——— Hill, which
was read, and the Rules being suspended, it passed; and
Messrs.. Robertson aqd Wilson were appointed said
committee.
Mr- Barnett introduced a Bill to regulate the proceed¬
ings of the several Courts in certain cases, which was
read a first time.
Mr. Everitt presented the petition of General T. J.
Chambers, which was referred to the Committee on
Military Affairs.,
The Land Bill was taken up in continuation of its
second reading, on Mr. Robertson's amendment.
On motion of Mr. Everitt, the Land Bill was sus¬
pended, and the Resolution for the relief of Manuel Cara-
bajal was taken up—read and referred, with instructions,
to a Special Committee consisting of Messrs., Horton,
Robertson and Everitt. , ,
The reading of the Land Bill was resumed.
On motion of Mr. Everitt, section 39, as adopted
yesterday, was re-considered; and Mr. Everitt offered a
substitute.-
Section 39 was stricken out, and the substitute
adopted* as follows:
" Section 39. Be it further enacted; That each County
Surveyor shall have the dividing lines of the several
counties run» and plainly marked; and his certificate
shall be a sufficient voucher to the Auditor to pay him
three dollars per every English mile so run and marked;
( S3 )
and that the same constitute a section: Provided, however,
that whenever such dividing lines are sufficiently identi¬
fied by natural boundaries, then, and in that case, the
Surveyors are not required to run said lines. And that
each County Surveyor be required to make out or pro¬
cure a map of each County, in which plots of all the
deeded lands in said County shall be made, so as to
make a fair showing of the same; for which' he shall re¬
ceive compensation by special appropriation hereafter to
be made for that purpose."
Mr. Robertson offered an additional section, which
was adopted, as follows:
"Section 40. And be it further enacted, That audited
claims against the Republic of Texas, in the hands of
original holders, of the amount of two hundred dollars
and under, shall be receivable in payment of dues on
lands."
The Bill allowing the Secretary of War an additional
Clerk, was returned from the House with amendments.
On motion of Mr. Everitt, the Land Bill was ordered
to be engrossed for a third reading.
On motion of Mr. Everitt, the Senate adjourned till 3
o'clock, P. M.
three o'clock, p. m.
The Senate met pursuant to adjournment.
The Bill from the House,' to define the Boundaries of
Washington County was read a first time.
The Joint Resolution from the House,, ,making an Ap¬
propriation for the General Land Office, and also for
defraying the Contingent Expenses of both Houses of
Congress was read a first time.
The Resolution respecting the paying of the officers
and crew of the schooner " Independence" was read a
second time.
Mr. Horton, Chairman of the Committee to which was
referred the Resolution for the relief of Manuel Caraba-
jal, reported the Resolution without amendments; and
the Rules being suspended it was adopted.
The Senate went into secret session.
The doors being opened,
( Si )
On motion of Mr. Wilson, the Senate adjourned till
to-morrow 10 o'clock, A. M.
Friday, December 1, 1837.
The Senate met pursuant to adjournment.
Mr. Everitt took the Chair, the President of the Senate
being indisposed and unable to attend.
The Journals Were read and approved.
Mr. Horton presented the petition of Stuart Perry,
which was referred to a Special Committee consisting of
Messrs. Lester, Raines and Robertson.
A communication from the Secretary of the Treasury
was received and read.
Mr. Lester presented the petition of Henry Trott and
C. W. Hoover, which was read and referred to the Com¬
mittee on Claims and Accounts.
Mr. Burton, Chairman of the Special Committee to
which was referred the petition of Charles Durocher,
reported by a Joint Resolution, which was read a first
time.
A message was received from the House, asking the
concurrency of the Senate in the following Bills, viz:
"A Bill to amend the several Laws relating to the
recording of Deeds, Mortgages, &c."
"An Act to provide for the punishment of Crimes and
Misdemeanors, committed by Slaves and Free Persons
of Color."
" An Act defining the Boundaries of the County of
Jackson."
"A Joint Resolution for the relief of S. Hatch."
"An Act to authorize an Injunction, and other pro¬
ceedings to be granted against the Proprietors of the
Texas Rail-Road, Navigation and Banking Company."
"An Act making Provision for persons ,who have been
permanently disabled in the service of Texas."
"An Act to authorize the Clerks pf the several Courts
to appoint Deputies, and requiring them to keep their
Offices at the County Seat."
"A Joint Resolution locating, permanently, the Seat
of Justice, for the County of Brazoria;" and
"An Act creating the. County of Montgomery."
Mr. Wharton presented a Resolution to incorporate
{ 85 )
the town of Columbia,, which was read a first time.
Mr. Wharton presented certain Documents relating
to a Loan made to Commissioners Archer, Wharton and
Austin, in New Orleansy which were referred to a Spe¬
cial Committee • consisting of Messrs. Horton, Burton
and Everitt.
Mr. Everitt, Chairman of the Special Committee to
which was referred the petition of A". T. Barnley, re¬
ported by a Joint Resolution, tvhich was read a first time.
The Act granting certain privileges to the Proprietors
of the Steam Ship "Columbia," was read a third time
and passed.
The Joint Resolution allowing the Secretary of
War an additional Clerk, which had been returned from
the House with amendments, was taken up, and the
amendments concurred in.
The Act, from the House, amendatory to the several
Acts granting Bounty Lands, was taken up and read;
the Rules being suspended, it was read a second and
third time and passed.
The Act to incorporate the Neches Navigation Com¬
pany was taken up oh its second reading, and referred
to a Special Committee consisting of Messrs. Horton,
Burton and Everitt, with instructions to report as soon
as possible.
The Act, from the House, to incorporate the Colora¬
do Navigation Company, was read and referred to the
same Special Committee, with the same instructions.
The Joint Resolution, passed by the House last spring
session for the relief of J. M. Clifton, was taken up on
its second reading, and the Rules being suspended, it
was concurred in.
The Bill from the House, granting a Bounty, of Land
to those who were, in the battle of San Jacinto, was
read a first time.
The Resolution from the House, requiring the Presi¬
dent to reduce the representation of this Government at
the- City of Washington, was read and referred to the
Committee on Foreign Relations.
The Resolution appointing a committee of two to en¬
quire respecting ,the Seat of Senator from Austin, was
taken up on its second reading and adopted.
8
( S6 )
Messrs. Wharton and Horton were . appointed said
committee.
The Bill for the relief of the heirs of Thos. F. Ed¬
wards was taken up on its second reading, and the Rules
being suspended, it passed.
On motion of Mr. Everitt, the Orders of the Day were
supended, in order to read an account of a revolution
which had broken out in New Mexico, the documents
relating to which were read and .referred* to the Com¬
mittee on Foreign Relations.
The Joint Resolution to reduce our Representation at
the City of Washington was, by leave of the Senate, re¬
ported without amendments, and being read a second
time,
On motion of Mr. Horton, was indefinitely postponed.
On motion of Mr. Wharton, Mr. Lester was added, to
the committee to enquire respecting the Seat of Senator
from Austin.
The Bill for the relief of John Woodruff was returned
from the House with amendments.
The Joint Resolution from the House, making an ap¬
propriation for the General Land Office, and for the con¬
tingent expenses of both Houses of Congress, was taken
up on its second reading, and amended by striking out
all after the word "and" in the fifteenth fine, and in¬
serting the following: "and all individuals holding
claims coming within the purview of this Bill, shall pre¬
sent their accounts to the Committee on Contingent
Expenses;" andthe Resolution was concurred in. .
The joint resolution to elect a joint committee of three,
to take into consideration all the proposals for locating a
permanent Seat of Government, was read a second time,
and amended, by substituting "five" for "three;" and
the rules being suspended, it passed.
The joint resolution for the pay of the Officers and
Crew of the schooner "Independence," and other per¬
sons therein named, was taken up on its third reading,
and referred to a special committee consisting of Messrs.
Barnett and Wilson.
The joint resolution for the adjournment of Congress,
was taken up on its second reading.
On motion of Mr. Robertson, the "first day of April
( 87 )
was fetricken but and the ."first day of March" inserted.
On motion of Mr. Wharton, the words "unless two-
thirds of the Senate refuse to adjourn on that day" were
added, and the bill was ordered to be engrossed for a
third reading.
On motion of Mr. Robertson, the Senate adjourned till
3 o'clock, P. M.
3 o'clock, p. m.
The Senate met pursuant to adjournment.
Mr. Burton moved that a Clerk be appointed to assist
during the illness of the Chief Clerk, and Mr. J. W. El-
dridge being nominated, and no opposition made, fie
was elected assistant Secretary, pro tem.
A communication was received from the Secretary of
the Treasury, requesting that a committee be appointed
to. act in concert with a committee from the House of
Representatives, to wait upon him and learn the parti¬
culars concerning a draft which had been made a, dona¬
tion to this Government: and on motion of Mr. Burton,
a committee of three was appointed—viz: Messrs. <
Robertson, Burton and Wilson,—and a message was
sent to the House informing them of the same, and re¬
questing the appointment of a committee to act in con¬
cert.
Mr. Burton offered a resolution to authorize the Presi¬
dent to purchase a bell for the use of Congress, whi<?h
was read a first time.
An act to organize the. Militia was read a first time.
An act to define the boundaries of the County of Shel¬
by was read a first time.
A joint resolution, to compensate the Commissioners
employed to select a permanent site for the Seat of Go¬
vernment, was taken up on its second reading, and, the
rules being suspended, was adopted.
An act to prevent the further sale of land scrip was ta¬
ken up on its third reading and passed.
An act to cause district Judges to reside permanently
in their own districts, See. was read a first time, and the
rule being suspended, it passed to a second reading.
( 88 )
Mr. Robertson offered an amendment—viz: To in¬
sert "Ten thousand dollars" instead of "One thousand
dollars," which was lost, and the bill was laid on the ta¬
ble till to-morrow morning.
An act to regulate the appointment and,conduct of dis¬
trict clerks, was taken up on its second reading, and laid
on the table till to-morrow.
A bill to amend the laws concerning the recording of
deeds, was read a first time, and on motion of Mr. Bar-
nett, it v^as referred to a select committee—viz : Messrs.
Barnett, Raines and Burton.
A bill entitled an act to incorporate the Houston, Bra¬
zos and Colorado Rail Road Company,'was read a first
time. ' * .
A bill to regulate the proceedings of the several courts,
in'special cases, was taken up on its second reading, and
was ordered to be engrossed for a third reading.
A bill to authorize Judges of District Courts to hold
special terms, in certain cases, was taken up on its se¬
cond reading, and, on motion of Mr. Wharton, it was re¬
ferred to the Judiciary Committee : and Mr. Robertson
was added to that committee.
An act specifying and providing for the trial and pun¬
ishment of crimes committed by slaves and free persons
of color, was read, a first time.
A joint resolution to authorize the Secretary pf the
Treasury to issue change notes was taken up on its third
reading, and passed unanimously.
The report of the Select Committee on the petition of
Samuel Williams, was taken up on its second reading,
; nd was ordered to be engrossed for a third reading.
An act for the relief of those persons holding Govern¬
ment responsibilities was brought up, and laid on the table.
The report of the committee concerning the opening
of trade with the Mexicans was taken up on its second
reading, and was ordered to be engrossed for a third
reading. .
A message was received from the House, announcing
that they had concurred in a resolution to appoint a joint
special committee to report upon the communication of
the Secretary of the Treasury.
On motion of Mr. Wharton, the Senate went into se¬
cret session.
( 89 )
The doors being opened, on motion of Mr. Wilson, the
Senate adjourned till to-morrow morning at 10 o'clock.
December 2nd, 1837.
The Senate met pursuant to adjournment.
On motion of Mr. Everitt, the reading of the Journals
and other business was suspended, and the Land Bill
was taken up on its third reading.
On motion of Mr. Wharton, an additional section was
added to the bill; and
On motion of Mr. Robertson, an additional section
was added.
•A committee was received from the House, reporting
resolutions concerning the decease of Erasmus Smith.
On motion of Mr. Everitt, the Land Bill was read a
first time by its caption, and passed.
The Journals having been read and adopted ;
Mr. Wharton presented a petition from the Officers of
the Army and Navy, which was referred to a special
committee—viz : Messrs. Everitt, Wharton and Hor-
ton.
Mr. Horton offered the petition of M. , which
was referred to the Judiciary Committee.
Mr. Wharton, from the Special Committee, to enquire
into the case of the Senator from Austin, reported by re¬
solution.
Mr. Everitt offered a substitute, and the rules being
suspended, the substitute was adopted.
Mr,' Horton, from the Committee onJ Claims and Ac¬
counts, reported their rejection of the claims of Robert
Henry.
Mr. Horton, from the same .committee, asked leave to
return the petition of Byers and Mercer to the petition¬
ers, which was granted.
Mr. Horton, from same committee, reported concern¬
ing the claims of Trott and Hoover, that they would
soon introduce a resolution embracing all similar claims.
Mr. Horton, from the Committee to examine the claims
of George Collins worth, reported by resolution in favor,
of the claimant.
8*
( 90 )
.On motion of Mr. Wilson, the rules were suspended,
and the resolution adopted,
Mr. Everitt moved that the order of the day be taken
up, and the ayes and noes being called for, stood as fol¬
lows :
Ayes—Mr. Everitt: 1.
Noes—Messrs. Barnett, Burton, Dunn, Horton, Lester,
Raines, Robertson, Wharton and Wilson-i-9: so the mo¬
tion was lost.
Mr. Horton, from the Committee on Claims and Ac¬
counts, reported concerning the claim of Marshall Mann,
that his claim came under the notice of the Committee
on Contingent Expenses ; and,
On motion of Mr. Barnett, it was referred to that Com¬
mittee.
Mr. Horton, from same Committee, concerning the
claims of M'Kinney & Williams, reported by an act for
the relief of the petitioners, which was read a first time.
Mr. Horton from the Judiciary Committee, concern¬
ing the act authorizing District Judges to hold special
terms, returned the original act, without amendment:
read a first time.
Mr. Barnett, from the Committee concerning the Offi¬
cers and Crew of the "Independence," reported by joint
resolution : read a first time.
Mr. Barnett, from the Committee concerning the bill
regulating the recording of deeds, returned the original
bill without amendment: read a first' time.
Mr. Wilson, from the Committee concerning the peti¬
tion of G. A. Swan, returned the same" without report, as
the Constitution provides for such cases.
Mr. Burton offered a resolution that the Senate will
not act upon any new business unless two-thirds of the
members consent.
Mr. Wharton offered resolutions expressing regret at
the death of Erasmus Smith, and prbviding for the erec¬
tion of a suitable monument, &c.
On motion of Mr. Burton, the rules were suspended,
and the resolution adopted.
Messrs. Wharton, Barnett and Raines, were appoint¬
ed to wait upon the House, and communicate the reso¬
lutions of the Senate and their concurrence in' the reso¬
lutions of House : and,
( 91 )
On motion of Mr. Barnett, the Senate adjourned till
3 o'clock, P. M.
three o'clock, p. m.
The Senate met pursuant to adjournment.
On motion of Mr. Everitt, the militia bill was taken
up on its second reading.
On motion of Mr. Wharton, it was referred to the Mili¬
tary Committee.
A joint fesohition, requiring the Auditor to audit the
Account of D. F. Weymouth, was taken up on its second
reading.
On motion of Mr.. Horton, "Twenty-eight hundred
and thirty-nine Dollars and nineteen Cents" were strick¬
en out, and "Five thousand, six hundred and se¬
venty-eight Dollars and thirty-eight cents" inserted ;
and a provision was added,—that he be required
to give satisfactory bond- to the Auditor that the claim
should not again come before the Government.
On motion of Mr. Horton, the rules- were suspended,
and the resolution was adopted.
An act to create a board of Medical Censors was ta¬
ken up on its third reading, and on motion of Mr. Hor¬
ton, it was adopted.
An act concerning the public archives was taken up
and read a second time.
A message was received from the House informing
the Senate that the resolution .to erect a suitable monu¬
ment to Deaf Smith had been concurred in, and that a
commitee had been appointed to carry the resolution into
effect.
On motion of Mr. Burton, the words "on his order"
were inserted after Commissioners of the Land Office,
in the bill concerning the public archives; and
On motion of Mr. Horton, the rule was suspended, and
the bill passed.
An act regulating the rates of interest was taken up
on its second reading; and,
On motion of Mr. Burton, it was indefinitely postponed.
An act creating the county of Fannin, was taken up
on its* second reading; and,
( 92 )
On motion of Mr." Burton, was referred to a special
committee—v iz : Messrs. Burton, Horton and Raines.'
An act concerning crimes and punishment of slaves
and free persons of color' was taken up on its second
reading.
Mr. Wilson moved to strike out the words "free
white" in first section—lost. .
On motion of Mr. Everitt, the rule was suspended, and
the bill passed.
An act to define the boundaries of the coupty of Shel¬
by was taken up on its second reading; and
On motion of Mr. Everitt, was adopted.
An act to establish a friendly intercourse with the In¬
dians was taken up on its second reading; and,
On motion of Mr. Wharton, was referred to a select
committee—viz: Messrs. Everitt, Dunn and Wilson.
On motion of Mr. Wharton, the present business was
laid on the table ; and
On motion of Mr. Wharton, the Judiciary were in¬
structed to draw up a bill affixing a punishment to the
counterfeiting of the Treasury notes.
On motion of Mr. Wharton, the Senate adjourned till
Monday morning 10 o'clock.
Monday, December 4th, 1837.
The Senate met pursuant to adjournment.
There being no quorum present, on motion of Mr.
Raines, the Senate adjourned till 3 o'clock, P. M.
On motion the vote was re-considered, there being a
quorum.
The reading of the Journals was deferred.
Mr. Burton presented the petition of E. P. Crosby,
which was read a first time, and referred to the Commit¬
tee on Claims and Accounts.
The Special Committee, which was instructed to re¬
port a bill for the punishment of forgery of Treasury
Notes, reported that they considered the laws already
enacted sufficient for the purpose, and the commijtee
was discharged.
Mr. Horton, Chairman of the Committee on Judiciary,
to which was referred the petition of Marcus A. Beu-
( 93 )•
mendi, reported by resolution, which was read and the
rules being suspended, was read a second time.
Mr. Burton moved to amend the resolution by adding
the words, "provided that the passage of this resolution
shall not operate on, or cause a confirmation of his titles
which motion was carried.
. Mr. Horton, from the Select-Committee, to which was
referred the act from the House to incorporate the Colo¬
rado Navigation Company, reported the same without
amendments, and was read a second time, and the rules
being suspended, it passed.
Mr. Horton from the same Committee, to which was,
referred the act incorporating the Neches Navigation
Company, reported the same without amendment, and
the rules being suspended, it passed. ■
A message was received from the House, returning
the Land Bill for the action of the Senate on the amend¬
ments.
A message was received from the House, announcing
the passage of a resolution by. the House, inviting the
Senate to meet the Representatives in their Hall on the
sixth instant, to elect Chief Justices.
Mr. Barnett, Chairman of the Committee to which was
referred the Joint Resolution respecting titles issued in
Austin's .Colony, presented a report, which was read a
first time.
Mr. Everitt, from the Special Committee, to which
was referred the communication of the Auditor, concern¬
ing the accounts of G. W. Poe, reported by resolution,
which was read a first time.
Mr. Everitt, from the Committee to which was refer¬
red the petition of Dugald Brown, reported by resolution,
which was read a first time.
Mr. Everitt from the Committee to which was refer¬
red the memorials of the Officers of the Army and Navy,
reported an act for their relief, which was read, and the
rules being suspended, it was read a second time.
Mr. Lester from the Special Committe to which was
referred the petition of Stuart Perry, reported that the
petition be laid on the table till the first of May next
read a first time.
Mr. Wharton introduced a resolution, appointing a
joint committee to wait on the President, and respectfully
( 9i )
remonstrate with him on the great delay in nominating
a Commissioner to run the boundary line ; and also, an
agent to superintend the building of a Navy, which was
withdrawn, and a substitute requesting the House to ap¬
point a Committee to act in conjunction with one of the
Senate, to wait qn His Excellency, and urge the ap¬
pointment of a Commissioner to run the boundary line,
was read; and, the rules being suspended, it was adopt¬
ed.
Mr. Everitt introduced a resolution to sustain the Trea¬
sury Notes, which was read, and the rules being sus¬
pended, it was adopted.
Mr. Wharton introduced a resolution for providing
medicines, &c. for the Hospital, which was read and re¬
ferred to the Committee on Military Affairs.
Mr. Robertson introduced an act to incorporate the
Brazos Navigation Company, and the Trinity Navigation
Company—which was read, and the rule being suspend¬
ed, it passed,
Mr. Everitt introduced an act to define the boundaries
of Jasper county, which was read, and the rule being
suspended, it was read a second time and referred to a
Special Committee consisting of Messrs. Everitt, Burton
and Robertson.
The act to define the boundaries of the county of San
Augustine was referred to the same committee.
On motion of Mr, Wharton, the Senate adjourned till
3 o'clock, P. M,
3 o'clock, p. m.
The Senate met pursuant to adjournment.
The Journals of yesterday were read and approved.
The report of the Judiciary Committee, received from
the House, respecting the right of the President to ap¬
point Chief Justices, was read and referred to the Judi¬
ciary Committee.'
Mr. Wharton moved a re-consideration of the bills in
corporating the Colorado, Neches, and other Navigation
Companies—and the motion being put, was lost.
A message was received from the House asking the
( 95 )
concurrence of the Senate in an act to raise a revenue by
impost duties,—also, informing the Senate* that the
House had concurred in the resolution appointing a com¬
mittee to wait on the President.'
The Land Bill, as received from the House, was taken
up. The amendment to section twelfth, which had
been disagreed to by the House, was adhered to by the
Senate, by the votes as follows :
Ayes—Messrs. Barnett', Dunn, Horton, Lester, Robert¬
son, Wharton and Wilson—7.
Noes—Messrs. Burton, Everitt and Raines—3.
The second addition to the same section was disa¬
greed to by the House, and adhered to by the Senate.
The first and second amendments to section 17th,
were disagreed to by the House, and the action of the
Senate on the same was deferred till to-morrow. The
amendment to section 23d was adhered to.
A motion being made to adjourn, the ayes and noes
were called, and stood as follows :
Ayes—Messrs. Horton, Raines and Robertson—-3.
Noes—Messrs. Barnett, Burton, Everitt, Lestek, Whar¬
ton and Wilson—6 : and the motion Was lost.
The first amendment to section 29th was amended by
the House, and the amendment,concurred in by the Sen¬
ate.
The second amendment to the same section was rece¬
ded from by the Senate.
The amendments to section 40 were adhered to.
Messrs. Lester, Wharton and Horton were elected a
committee of conference, to act with ofie of the House
on the Land Bill.
On motion of Mr. Wharton, the Senate adjourned till
to-morrow at 10 o'clock, A. M. .
December 5th, 1837.
The Senate met pursuant to adjournment.
The Journals were read, amended and approved.
A message was received from the House announcing
the appointment of a committee of conference on the
Land Bill.
Mr. Everitt, Chairman of the Special Committee, to
( 96 )
which was referred the bill establishing a friendly inter¬
course with the Indians, reported the bill without amend¬
ments.
Mr. Everitt, Chairman of the Special Committee,
to which were referred the bills describing the bounda¬
ries of the counties of Liberty, San Augustine and Jas¬
per, reported that they could not agree, and asked for a
special committee for said' purpose, and Messrs, Lester
and Horton were appointed.
Mr. Burton, Chairman of the Special Committee to
which was referred the Act defining the Boundaries of
the county of Fannin, reported the Act with amend¬
ments, which was read and laid on the table.
Mr. Burton, Chairman of the Military Committee to
which was referred the Bill providing for Hospital
Stores, reported the same without amendments.
A message was received from the President.
Mr. Everitt introduced a Resolution authorizing the
Auditors and Comptroller to draw their pay monthly,
which was read, and the rule being suspended, it passed.
Mr. Barnett presented, by leave, the petition of the
inhabitants of Washington County, which was read a
first time.
Mr. Wharton introduced an Act, supplementary to an
Act incorporating the Neches and Colorado Navigation
Companies,, which was read, and the Rules being sus¬
pended, it passed.
A message was received from the House, asking*the
concurrence of the Senate in a Joint Resolution for the
relief of A. R. Bodman; and also in a Joint Resolution
authorizing the Auditor to audit the Accounts of Thomas
G. M'Gee.
Mr. Burton, Chairman of the Military Committee to
which was referred the Militia Bill, reported the same
without amendments.
The Senate went into secret session.
The doors being opened,
Mr. Wharton introduced an Act prohibiting the is¬
suing of printed Promissory Notes of individuals, which
was read, and the Rules being suspended, passed.
Mr. Horton introduced a Resolution to allow compen¬
sation to the Attorney General, or District Attorney, for
certain duties, which was read a first time.
( 97 )
the Resolution for adjourning Congress on the 15th
instant was taken up on its third reading.
On motion of Mr. Wharton, the Senate adjourned till
3 o'clock, P. M.
/THREE, O'CLOCK, P. JV£.
The Senate met pursuant to adjournment.
The Orders of the Day being Suspended, the Resolu¬
tion authorizing the President to ,employ a Private Sec¬
retary was taken up on its second reading, and the Rule
being suspended, it passed.
A message was received from the House, asking the
concurrence of the Senate in an Act to incorporate cer¬
tain Towns therein named. , *
An Act to provide for taking the Census of the Re¬
public. '
An Act to incorporate the city of Houston and other
Towns therein namedand, ,,
An Act to provide for taking testimony by interroga¬
tories.
The Resolution from the House, to audit the Accounts
of A.-'R. Bodman was read and referred to the commit¬
tee on Claims and Accounts.
The Act from the House, to raise a Revenue by 1m- •
post duties, was read a first time and referred to a Spe¬
cial Committee consisting of Messrs. Wharton, Horton,
Everitt and Burton.
The Joint Resolution from the House, requiring the
Auditor to audit the Accounts of Thomas G, M'Gee, was
read a first time..
The Joint Resolution to select a Joint Committee'to
determine upon a permanent Seat of Government, which
had been returned from the House with amendments,
was read, and the amendments concurred in.
The Act fropi the House, providing for taking the
Census was read a fiikt time.
The Act ftom the House, providing for taking Testi¬
mony by interrogatories, Was, read a first time.
The Act from the House, incorporating certain Towns
therein named, was read a first time.
The Act from the House, incorporating the City of
9
( 98 )
Houston and other Towns therein named, was read a
first time.
The Act -supplementary to an Act incorporating the
Colorado Navigation Company, which had been returned
from the House with amendments, was read and the
amendments concurred in.
The Act authorizing Extra Sessions of the District
Court in Brazoria county was called up on its second
reading, amended, and the Rules being suspended, it
passed*
. The Act received from the House, to incorporate the
City of San Antonio arid other Towns, was read, and
the Rules being suspended, it was read a second and
third time and passed.
The Act to create the county of Fannin was called up
on its second reading, and laid on the table till called
up. • ■
A message was received from the House, returning
the' Resolution for the relief of J. M. Clifton, with
amendments; also, asking the concurrence of the Senate
in a Bill incorporating the Brazoria Insurance Com¬
pany; and,
, An Act to incorporate the Towns of Richmond, San
'Felipe and Lngrange.
On motion of Mr. Wilson, the Senate adjourned till
to-morrow 10 o'clock, A. M.
'December 6, 1837.
The Senate met pursuant to adjournment.
The Journals were read, amended and approved.
Mr. Everitt presented the petition of General T. J.
Chambers, which was read a first time, and referred tp a
Spebial Committee consisting of Mbssrs. Everitt, Bar-
nett and Lester.
1 Mr. Horton, Chafirroan of the committee on Claims and
Accounts to which was referred the petition of Edmun
P. Crosby, reported by Bill, and the Rules being sus¬
pended, it was read a second and third time and passed.
Mr. Wharton introduced an act amending the Judi¬
ciary Laws of the Republic, which was read a first time.
Mr. Dunn offered a Resolution to furnish the .Presi-
< 89 )
dent and Heads of Departments with copies of all Re¬
solutions and Acts which may he printed for the use of
either House, which was read a first time. ■
The Act from the House, to incorporate the Towns of
Richmond, San Felipe de Ahstin and Lagrange was
read a first time. • <
The Bill far the relief of the Officer^ and Crew of the
.schooner "Independence" was taken up on its third
reading, and passed.
The Bill for the relief of John JM. Clifton, which was
sent back from the House with amendments, was taken
up, and the amendments concurred in.
The Billy entitled an Act supplementary to an Act in¬
corporating the "Texas Rail-Road, Navigation and Bank¬
ing Company, was called up on its second reading.
A message was received from the House, asking the
concurrence of the Senate in an Act incorporating the
Texas Steam—Mill Company; and also informing the
Senate, that the House had concurred in. the Bill pro¬
hibiting the issuing of individual printed or lithographic
Promissory Notes. -
A committee of the HpusC waited on the Senate, and
requested to know if the Senate was ready tq go into an
election for Chief Justices, in conjunction with the
House,
Mr. Everitt offered a Resolution to appoint a commit¬
tee to inform the House, that it was the opinion of the
Senate that Congress had no legal authority to elect said
Justices, and asking a Committee of Conference to re¬
port on the subject, which was read, and the. Rules being
suspended, it was, adopted; and Messrs, Everitt and
Wharton were appointed said Committee, which waited
upon the House for the purposes above stated, and re¬
ported.
A message was received from the House, announcing
that the Bill creating a Board of Medical Censors had
been concurred in by the House, with amendments.
On motion of Mr. Wharton, the following amendments
and additions were made to the Act, amending the Act
incorporating the Texas Rail-Road, Navigation and
Banking Company: •
In section 7th, from the word " Texas" in line 4th, to
the word "wAo" in line 7th was stricken out, and the
( 100 )
following inserted:—"and the remainder to be elected
by the Stockholders, who shall be allowed to vote
by proxy: Provided, that hone but citizens shall be Di¬
rectors." In section 8th, line 3rd, "ten" was struck
out and "twenty-five" inserted.
The following addition was made to section 9th: " and
the Government shall be allowed twelve months to ac¬
cept or reject the provision of this section." In section
10th, line 3rd, "forty" was struck out, and " twenty-five"
inserted.' To section 11th, the following addition was
made: "and in no cases shall they be allowed to charge
more than ten per cent, interest per annum."
A new section was inserted after section 15th, as fol¬
lows : " Sectibn 16th. And be it further enacted, That
each Stockholder shall, at the time of taking his Stock,
give a mortgage on unincumbered real estate to the Pre¬
sident of the Republic and his successors in office, for
double the amount of his Stock; and until this section is
complied with, the Bank shall not go into operation:—
Provided! further, if the Petitioners, or Stockholders do
not comply with the requisitions of this Charter, so as to
cause the Bank to go into operation within two years af¬
ter the passage of this Act, the Charter shall be null and
void."
On motion of Mr. Wilson, the Senate adjourned till 3
o'clock, P. M.
THREE ©'CLOCK, P. M.
The Senate met pursuant to adjournment.
■ The Order of the Day was suspended, and the Bill for
the relief of John Buchanan, was taken up, read a
second time and referred to the Committee on Claims
and Accounts.
The Resolution to adjourn on the 15th December was
taken up on its third reading, and passed.
A message was received from the House, informing
the Senate that the House had concurred in the Resolu¬
tion to appoint a Committee of Conference on the sub¬
ject of the election of Chief Justices.
The Act amendatory to an Act incorporating the Tex¬
as Rail-Road, Navigation and Banking Company was
taken up in continuation of its second reading.
( 101 )
" Section 16th" was altered to "Section 17th."
A message was received from the House, asking the
concurrence of the Senate in an Act authorizing persons
to dispose of property by will.
A motion being made to adjoprn, the Ayes and Noes
were called, and stood as follows:
Ayes—Messrs., Burton, .Everitt, Horton, Robertson
and Wharton—5. ,
Noes—Messrs. Barnett, Ijunn, Lester, Raines and
Wilson—5: the voffis being equally divided,1 the Presi¬
dent voted in the affirmative, and the Senate stood ad¬
journed till to-morrow 10 o'clock, A. M.
December 7, 1837.
The Senate met pursuarit to adjournment; the Jour¬
nals were read, amended, and approved.
Mr. Burton presented the petition of John Murray, and
the memorials of Herman &-Co.j which were read and
referred to the Committee on Naval Affairs.
Mr. Robertson presented the petition of George W.
Poe, late Paymaster-Ceneral, which was referred to the
Committee on Claims and Accounts.
A message was received from the House informing the
Senate, that the House had concurred in the amendments
to the Land Bill as reported by the Joint Committee of
Conference.
Mr. Horton presented the. petition of N. T. Byers,
which was read- and referred to the Committee on
Claims and Accounts.
Mr. Horton, Chairman of the. Committee on Claims
and Accounts, reported the following Bills and Petitions:
A Bill for the relief of John Buchanan with amend¬
ments : Report adopted and Bill passed.
A Joint Resolution for the relief of A. R. Bodrnan: to
lie on the table until vouchers should be, produced:—*
adopted.
A Resolution for the relief of John F. Kemper, which,
was read a first time.
A Bill for the relief of John Garratt:—adopted; and
tfie Rules being suspended, the Bill passed.
Mr. Wharton introduced a Resolution requiring the
9*
( 102 )
Auditor to settle the Accounts ofWm. H Brennan, Pur¬
ser of the Officers and Crew of the schooner "Independ¬
ence," which was read, and the Rules being suspended,
it passed.
Mr. Lester. Chairman of the committee to which was
referred the Bill to define the Boundaries of the County
of Jasper, reported by substitute, which was read, and
the Rules being suspended, it passed.
Mr. Horton, Chairman of the Joint Special Committee
on the Land Bill, reported the Bill as amended by the
committee, and the Report was received and the Bill
passed.
The Act to sustain the currency of the country was re¬
turned from the House, with amendments, which were
concurred in by the Senate.
A Bill regulating Postage was received from the
House, and read a first time.
The Resolution prohibiting the introduction of New
Business was taken up, amended and passed.
*The Bill for the relief of John Buchanan was returned
from the House with the amendment of the Senate :—
disagreed to.
On motion of Mr. Dunn, the Senate adjourned till 3
o'clock, P. M.
THREE O'CLOCK, P. M.
The Senate met'pursuant to adjournment.
The Bill for the relief of John Buchanan, which had
been returned from the House with the amendment disa¬
greed to, was read, and the amendment receded from.
The Bill creating the County of Montgomery was ta¬
ken up on its second reading and amended: and the
Rule being suspended, it was read'.a third time and
passed.
A message was received from the House, returning
the Bill to define the Boundaries of the County of Jas¬
per, with amendments.
On motion of Mr. Wharton, a committee was appoint¬
ed to wait upon the House and request them to adjourn
at half-past four o'clock, out of respect to the memory of
Colonel Milam; and Messrs. Wharton and Barnett were
( 103 )
appointed, who waited upon the House, and having re¬
turned, reported that the House acceded to the request,
when,
On motion of Mr. Wilson, the Senate adjourned till
to-morrow 10 o'tlock, A. M.
December 8, 1837.
The Senate met pursuant to adjournment.
The Journals were read, amended and approved.
Mr. Robertson presented the petition of George W.
Bonnell, which was read and referred to the Commit¬
tee on Claims and Accounts.
Mr. Burton, Chairman of the Committee to which was
referred the Report of the committee appointed to exa¬
mine the Books of the First Auditor, reported by Bill,
which was read a first time.
The Resolution for the relief of John Woodruff', which
had been returned from the House with amendments,
was read, and the amendments concurred in.
The Bill from the House, to incorporate the Brazos
Insurance Company, was read and referred to a Special
Committee consisting of Messrs. Barnett, Wharton and
Horton.
Mr. Burton, Chairman of the Special Committee to
which was referred the1 Act to raise a Revenue by Im¬
post Duties, reported the same without amendment.
The Act to pay the Officers and Soldiers of the Army
and Navy, in the Treasury Notes of the Government,
was taken up on its second reading.
In-section—* —"One hundred thousand" was
Struck out, and it was referred to a Special Committee
consisting of Messrs. Horton, Wharton and Robertson.
A message was received from the House, returning
the Act for the relief of E. P. Crosby with amendments.
The Act creating the County of Montgomery* with
amendments, and
The Act authorizing Extra Sessions of the District
Court in the County of Brazoria, with amendments.'
The Bill creating the County of Montgomery, which
had been returned from the House with amendments,
was taken,up, and the amendments concurred in.
( 1041 )
The Bill for the relief of Pugald Brown was taken
up on ijs second reading, and the Rules being suspended,
it passed.
The Bill creating the County of Fayette was called
up on its second reading. The 6th section was struck
out. and the following inserted: " Section 6th. Be it fur¬
ther enacted, That the County of Fayette be entitled to
one Representative, and be attached to the Senatorial
District of Mina and' Gonzales," 'and the Rules being
suspended, the Bill passed.' * ■
The Bill creating the County of Fort Fend was taken
up on its second reading, amended and referred to a
Special Committee consisting of Messrs. Dunn^ Wharton
and Wilson. '
On motion of Mr. Robertson, the Senate adjourned till
3 o'clock, F. M.
THREE O'CLOCK, P, M.
The Senate met pursuant to adjournment.
. The Bill from the House, providing for disposing of
property by Will was read a first time.
The Bill to raise a Revemie by Impost Duties was
taken up on its second reading.
In section 1st, "green and" in line 8th was struck oul,
and "dried peaches" inserted after the word "apples"
in the same line. In section 11th, boots, shoes" were
struck out. In line 15th, after the word "castings," were
inserted "Hats, machinery of all kinds, lime and lumber,
books and stationary." Mr. Wharton moved that all af¬
ter the enacting clause be struck out and a substitute
inserted, laying an ad valorem, tax of 15 per cent, on
every thing imported, except machinery and emigrants1
family stores.
On motion of Mr. Wharton, the Bill was referred to
a. Special Committee consisting of Messrs. Wharton,
Barnett and Everitt.
On motion of Mr. Everitt, the petition of Stuart Perry
was referred to a Special Committee consisting of
Messrs. Everitt, Horton and Lester.
On motion of Mr. Wilson, the Senate adjourned till
to-morrow 10 o'clock, A. M-
( 105 )
December 9, 1837.
The Senate met pursuant to adjournment.
The Journals were read and approved.
Mr. Horton, Chairman of the Committee on Claims
and Accounts to which was referred the petitition of
George W. Bonnell, reported by Resolution, which was
read, and the Rules being suspended, it passed.
The Bill from the House, to incorporate the Texas
Steam-Mill Company was read a first time.
The Bill for defining the Boundaries of Jasper County,
returned from the House with amendments, was read
and referred to a Joint Special Committee.
Mr. Wharton presented the petition of'Abel A. Chap¬
man, which was referred to the Committee on Claims
and Accounts.
The Bill to define the. Boundaries of the County of
Washington was 'taken up on its second reading,
amended and passed.
- Mr. Dunn, from the committee to which was referred
the Bill creating the County of Fort Bend-, reported the
same without amendments; and the Report was adopted
and the Bill passed. ' - ' '
Mr. Lester, Chairman of the Special Committee, ap¬
pointed to report on the bill defining the boundaries of
the county of Liberty, reported the same without amend¬
ment, and the report was adopted.
A message was received from the House, inviting the
Senate to meet them to go into an election for Chief Jus¬
tice.
Messrs. Wharton and Everitt, wefe appointed a com¬
mittee to wait on the House and inform them, that when
the report of the committee on the subject of the election
of Chief Justices, was presented, they would bo ready to
act.
A message was received from the House, announcing
the adoption of the report of the joint committee on the
election of Chief Justices, which was read in the Senate,
and lost: and Messrs. Everitt and Dunn were appointed
a committee to inform the House of the same.
A message was received from the House, announcing
the passage of the act to create the county of Fort Bend,
with amendments; also, a bill for the relief of Stilman S.
Curtiss.
( 106 )
Mr. Wharton, from the Select Committee, to which
was referred the bill providing for the pay of the Officers
and Soldiers of the Army and Navy, reported a substi¬
tute, which was laid on. the table till -3 o'clock.
The bill to define ,the boundaries of the county of Lib*
erty was called up, amended and passed.
The bill creating the county of Fannin, was taken up
pn its third reading and passed.
Mr. Everitt, from the Special Committee, to which
was referred the bill defining the boundaries of the coun¬
ty of Jasper, reported by substitute, which was read and
passed.
The bill creating the county of Robertson, was taken
up on its second reading, and the rule being suspended,
it passed.
The bill from the House to define the boundaries of
the county of Jackson was taken up, read a first time,
and laid on the table.
Mr. Wilson offered a resolution to strike out that part
of the bill which related to the boundary line between
the counties of Jackson and Victoria, and that the matter
be referred back to the people, which was read, and the
rule being suspended, it passed. The bill was called
up, the part referred to in the resolution struck out, and
the act passed.
The bill from the House defining the boundaries of
the county of Gonzales was called up, .read, and the
rules being .suspended, it passed.
On motion of Mr. Wilson, the vote on the bill defining
the boundaries of the County of Fort Bend, was re-con¬
sidered, and the bill referred to a Special Committee,
consisting of Messrs. Wilson, Everitt and Lester.
The act from the House defining the boundaries of the
county of Mina was read a first time, and the rules being
suspended, it was'read a second time—and,
On motion of Mr. Robertson, "Williams'" was struck
put, and "Robertson's" inserted'. The bill was then
read a third time, and passed.
The'bill to define the boundaries of Red River county,
and to organize the same, was taken up on its second
reading. "Clarksville" was struck out, and "La
Grange" inserted; when,
On motion of Mr. Burton, the' bill was referred to the
( 107 )
same Special Committee to which the bill for defining
the boundaries of the county of Fort Bend was referred^
The bill authorizing extra-Sessions of the District
Court in Brazoria county, which had been returned from
the House with amendments, was taken up, and the
amendments' concurred in. '
On motion of Mr. Wilson, the Senate adjourned till
3 o'clock, R. M.
THRteij o'clock; p. m.
The Senate met pursuant to adjournment.
Mr. Wharton, Chairman of the Special Committee, to
which was referred the bill providing for the pay of the
Officers and Soldiers of the Army and' Navy, reported
by a substitute, which was adopted and passed.
The bill for the relief of J. F. Kemper was, read a se¬
cond time, and the rules being, suspended, it passed.
The resolution in favor of James A. Sylvester was
read a second time, and the rules being suspended, the
ayes and noes were called on its adoption, and stood as
follows: " _
Ayes—Messrs. -Barnett, Burton, Everitt, Lester,
Raines, Robertson and Wharton—-7.
Noes—Messrs. Wilson, Horton and Dunn—L3 : 'so the
resolution was adopted.
A'message was received from the; House, asking the'
Concurrence of thq Senate in an act to clear Out the ri¬
vers Attoyac, Angelina and Neches; also, in an act pro¬
viding for the, publication of the laws and journals of the
Congress of the Republic. < :
The bill providing for clearing out the Angelina,■ At¬
toyac and Neches rivers was read, and the rules being
suspended, it was read a second and third time, and
passed.
The .bill from the House for' the relief of Stilman S.
Curtiss, was read a first time.
The bill granting extra land to those who were in the
battle of San Jacinto was read a second time, amended
and passed.
The bill from the House providing for the publication
( 108 )
of the laws and journals of Congress was .read a first
time.
Mr. Horton offered a resolution, allowing each mari¬
time town an Auctioneer, which was read a first time.
The bill for the.relief,of A. T. Bujmley was taken up
on its second reading, and the rules being suspended, it
was read a third time and *passed. •
Mr. Horton offered a resolution, authorizing the pay¬
ment of the expenses incurred in taking Santa Anna to
Washington City, which was read a first time.
Mr. Robertson offered a resoluton, giving bounty to
those who were on their way to join the army under
General Houston before the battle of San Jacinto, which
"Was read a first time. •
Mr. Burton offered a resolution to repeal the tariff laws,
which was read a first time.
Mr. Horton, Chairman of the Committee on Claims
and Accounts to which had been referred the petition of
Robert Triplett, and others, reported.
The act amendatory to the act incorporating the Tex¬
as Rail Road, Navigation and Banking Company, was
taken, up in continuation of its second reading. The
words of the caption "Texas Rail Road, Navigation, and
Banking Company" were struck out, and ''National
Bank of the Republic of Texas" substituted.
In section fourth, "one eighth" was struck Out and
"one half' inserted.
In section seventh, "two" was struck out, and "eight"
inserted. The following addition was made to section
first: ■ "And all other privileges not contained in this
act, which have been extended , to the Texas Rail Road,
Navigation and Banking Company be, and the same are
hereby repealed."
On motion of Mr. Wharton, one thousand copies of the
Land Bill were ordered to be printed, and the Commit¬
tee on Printing was instructed to request the insertion of
it in the Telegraph.
The act amendatory to the act incorporating the Tex¬
as Rail Road, Navigation and Banking Company was
again taken up and read a third time, and the aye$ and
noes being called on its passage, stood as follows :
Ayes—Messrs. Burton, Everitt, Horton, Robertson,
Wharton and Wilson—-6.
( 109 )
Noes—Messrs. Barnett, Dunn, Letter, and Knines—-
4; and the bill passed.
On motion of Mr. Burton, fiye hundred copies were
ordered to be printed for the use of Congress.
The resolution respecting County Surveyors was read
a third tinje and passed.
The resolution from the House for .the relief of A.
Legrand was read a first time.
The resolution from the House for the relief of H. C.
Hudson was read a first time. l
The resolution from the House for the relief of F. W.
Thornton was read a first time.
The bill from the House, entitled an act to incorpo¬
rate the Houston, Brazos and.Colorado Rail Road Com¬
pany, was taken up on its second reading.
A message was received from the House, announcing
the concurrence of the House to the amendments qf the
Senate to the bill creating the county of Fannin.
A.rnotion being made to adjourn till seven o'clock, F.
M., the ayes and noes were called and stood as fpllows;
Ayes—Messrs. Horton and Wilson—2.
Noes—Messrs. Barnett, Burton, Dunn, Everitt, tes¬
ter, Raines, Robertson and Wharton—8.
On motion of Mr. Robertson, the Senate adjourned
till Monday morning lp o'clock.
Monday, December llth, 1837.
The Senate met pursuant to adjournment.
The Journals were read and approved.
Mr. Burton, by leave of the Senate, presented the me¬
morial of John A. Wharton, which was read and refer¬
red to the Committee on Claims and Accounts.
Mr. Barnett, from the Committee to which was refer¬
red the Tariff Bill, reported the same as received from
the House.
Mr. Wilson, Chairman of the Special Committee, ,to
which was referred the bill creating- the county of Fort
Bqnd, reported the same with amendments, which were
adopted, and the, pill passed.
Mr. Wharton, by leave of the Senate, introduced a re¬
solution authorizing the President to purchase the marine
10
( no )
Steamer "Pulaski'' for the Republic, which was read,
and the rules being suspended, it passed.
Mr. Everitt, by leave of the Senate, introduced an act
to disband the Army, which was read, and the rules be¬
ing suspended, the ayes and noes were called on its adop¬
tion, and stood as follows :
Ayes—Messrs. Barnett, Dunn, Everitt, Horton, Wil¬
son and Raines—6.
Noes—Messrs. Burton, Lester, Robertson and Whar¬
ton—4 : so the act was passed.
The Militi^ Bill was taken up on its second reading,
and laid on the table.
The resolution to repeal the Tariff' Laws now in force
was taken up on its second reading, and the ayes and
noes being called on its indefinite postponement stood as
follows:
Ayes-—Messrs. Barnett, Dunn, Everitt, Horton, Les¬
ter, Wharton and Wilson—7.
Noes—Messrs. Burton, Raines and Robertson—3:—
and the bill was indefinitely postponed.
A message was received from the House informing
the Seriate that the House had concurred in the act to
pay the Officers and Soldiers of the Army and Navy,
with amendments ; also, that they had passed a substi¬
tute for the resolution passed by the Senate respecting
the county of Jackson ; and had passed a resolution for
the relief of John Forbes.
The bill for raising a revenue by impost duties was
taken up and referred, with instructions, to a special
committee, consisting of Messrs. Everitt, Horton and
Barnett.
The resolution from the House for the relief of John
Forbes was read a first time.
The bill for paying the Officers and Soldiers of the
Army and Navy was taken up, and the amendments of
the House concurred in.
The resolution for purchasing the Steamer "Pulaski"
was returned from the House with an amendment, which
was concurred in.
The substitute received from the House, for the reso¬
lution passed by the Senate, respecting the county of
Jackson, was read and adopted.
The resolution from the House, for locating perma-
( "1 )
nently the Seat of Justice of Brazoria county, was read,
and the rules being suspended, it passed.
The report of the Committee on Claims and Accounts
on Wilson and Ham's petition, was read and referred to
a special committee with instructions—and Messrs. Ev-
eritt, Barnett and Dunn were appointed said committee.
The resolution for the relief of Charles Durocher was
read a second time, and the rules being suspended, it
passed. «
The resolution from the House for the relief of Sylva-
nus Hatch was read, and the rules being suspended, it
passed.
The act requiring District Judges t,o reside perma¬
nently in their districts was read a third time and passed.
The act incorporating the town of Matagorda was
read a second time, and the rules being suspended, it
passed.
The act from the House making provisions for those
who have been permanently disabled in the Service of
Texas, was read a first time, and the rules being suspend¬
ed, it was read a second time, amended and passed.
A message was received from the President.,
Mr. Horton, Chairman of the Committee on Claims
and Accounts, to which was referred the petition of A.
A. Chapman, by leave of the Senate, reported a resolu¬
tion for his relief, the report was adopted, and the resolu- .
tion passed.
The memorial of James Collinsworth was read and
referred, with instructions, to a special committee con¬
sisting of Messrs. Everitt, Burton and Raines.
On motion of Mr. Wilson, the Senate adjourned till
3 o'clock, P. M.
3 o'clock, p. m.
The Senate met pursuant to adjournment, and went
into secret session.
The doors being opened,
On motion of Mr. Wilson, the Senate adjourned till
:o-morrow 10 o'clock, A. M.
Tuesday, December 12th, 1S37.
The Senate met pursuant to adjournment.
( "2 )
Mr. Everitt in the Chair, on account of the illness of
the President.
Mr. Wilson, Chairman of the Special Committee, to
which was referred the bill defining the boundaries of
the county of Red River, reported the bill with an
amendment; and the report was adopted and the bill
passed.
Mr. Wilson, Chairman of the Special Committee,' to
which was referred the bill to define the boundaries of
the county of San Augustine, reported a substitute, and
the rules being suspended, it passed.
A message was received from the House, returning
the act to incorporate the town of Matagorda, with
amendments.
The bill to pay the Officers and Crew of the Schooner
"Independence," with amendments.
The bill to define the boundaries of the county of Jas¬
per, with amendments. Also, a substitute for the act
granting certain privileges to the Steam Ship "Colum¬
bia j" and that the House had concurred in the resolu¬
tion for the relief of George W. Bonnell: in a resolution
for the relief of James A. Sylvester : and in a resolution
for the relief of Charles Durocher: That they had
amended the amendments of the Senate to the bill grant¬
ing extra lands to those who were in the battle of San
Jacinto; and that the House disagreed to the amend¬
ments of the Senate to the bills defining the boundaries
of the counties of Mina and Liberty; and asking the con¬
currence of the Senate in an act to levy a tax on Bank
Stock, and in a resolution for the relief of Anson Jones.
Mr. Evpritt, Chairman of the Special Committee, to
which was referred the petition of Stuart. Perry, report¬
ed favorably: the report was adopted.
The report of the Secretary of the Treasury was read
from the House of Representatives.
Mr. Everitt, Chairman of the Special Committee, to
which was referred the memorial of General T. J, Cham¬
bers, reported to lay the same on the table, till next ses¬
sion of Congress, and the report was adopted.
Mr. Everitt, Chairman of the Special Committee,, to
which was referred the revenue bill, reported by a sub¬
stitute ; and the ayes and noes being called on its pas-
gage, stood as follows :
( 113 >
Ayes—Messrs, Barnett, Burton, Everitt, Ellis, Hor-
ton, Lester, Raines, Robertson and Wharton—-9.
Noes—Messrs. Dunn and Wilson—2 : so the bill
passed.
A message was received from the House, asking the
concurrence of the Senate in a resolution for the relief of
Maria Antonio de la Garza, and in an act requiring the
Commissioner*General of the Land Office to grant certi¬
fied copies of Land titles.
Mr. Wilson, by leave of the Senate, introduced an act.
allowing a Justice of the Peace and Constable to the Is¬
land of Galveston : read, rules suspended and passed.
Mr. Lester, by leave, introduced an act supplementa¬
ry to an act to raise a public revenue by direct taxation,
passed June 12th, 1837, which was read, and the rules
being suspended, it passed.
Mr. Lester introduced, by leave, an Act supplement¬
ary to an Act to pay the Officers and Soldiers of the
Army and Navy, which was read, and the; Rules being
suspended, it passed.
A message was .received from the House, asking, the
concurrence of the Senate in an Act to define the Bound¬
aries of Brazoria County.
Mr. Wharton, by leave, introduced a Resolution pro¬
viding for supplying the Republic with Ammunition:—
read a first time.
Mr. Wharton introduced a Resolution, authorizing
the President to keep up two companies of Videttes on
the Frontier: read a first.time.
Mr. Wharton introduced a Resolution, appointing a 1
Committee to investigate the Claims of Willis A. Farris:
read a first time.
The Bill defining the Boundaries of Jasper County,
returned from the House with amendments, was taken
up, and the amendments concurred in.
The Resolution from the House, for the relief of Ma¬
ria Antonio de la Garza, was read a first time.
The Act from the House, requiring the Commissioner-
General to issue certified copies of Land titles, was read
a first time.
The Act from the House, laying a tax on Bank Stock
was read, and indefinitely postponed.
10*
( )
The Resolution from the House, for the relief of An¬
son Jones was read, and the Rules being suspended, it
passed.
A message was received from the House informing
the Senate, that the House had concurred in the Resolu¬
tion for the relief of Colonel D. F. Weymouth, with
amendments.
The Act defining the Boundaries of the County of
Mina, which had been returned from the House with
amendments of the Senate disagreed to, was taken up,
and Messrs. Robertson and Lester appointed a commit¬
tee of Conference on the same.
The Resolution for the relief of Colonel D. F. Wey¬
mouth, returned from the House with amendments, was
taken up, and concurrence in the same refused.
The Act to define the Boundaries of the County of
Liberty, returned from the House with amendments,
was taken up, and Messrs. Everitt and Wilson were ap¬
pointed a Committee of Conference on the same.
The Act granting Lands to those who were in the
battle of San Jacinto, which had been returned from the
House with the amendments of the Senate amended,
was taken up, and the amendments concurred in.
The Act to incorporate the town of Matagorda was
read, amended and concurred in.
The Resolution to pay the Officers and Crew of the
schooner " Independence," returned from the House
with amendments, was laid on the table.
The substitute for the Act granting privileges tt> the
steam-ship "Columbia," sent from the House, was read
and concurred in.
The Resolution for the relief of those who were on
.their way to join the army at San Jacinto, was indefi¬
nitely postponed.
The Resolution reported by the Special Committee,
authorizing the President to issue Land Scrip to the
Stock-holders of the Loan negotiated by Messrs. Whar¬
ton, Austin and Archer, was taken up on its first
reading, and the Rules being suspended, it was put upon
its second reading.
On motion of Mr. Wharton, the Senate adjourned till
3 o'clock, P. M.
( "S )
THREE O'CLOCK, P. M.
The Senate met pursuant to adjournment.
The Resolution authorizing the President to issue
Land Scrip to the Stock-holders of the Loan negotiated
by Messrs. Wharton, Austin and Archer, was taken up
in continuation of its second reading, and the Ayes and
Noes being called on its postponement till May 1st, stood
as follows :
Ayes-^Messrsj Barnett, Burton, Dunn, Everitt, Les¬
ter, Raines and Robertson—7.
Noes—Messrs. Horton, Wharton and Wilson—3
postponed.
The Resolution for the relief of Alexander Legrand
was read a second time, and referred to the Committee
on Claims and Accounts.
The Resolution for the relief of H. C. Hudson was
read a second time, and referred to the Committee on
Claims and Accounts. <
The Resolution for the relief of F. W. Thornton was
read a second time, and referred to the Committee on
Claims and- Accounts.
The Resolution for the relief of Lucinda Shannon
was read a second time, and referred to the Committee
on Claims and Accounts.
The Resolution incorporating the town of Columbia
was read" a second time, and the Rules being suspended,
it passed.
The Resolution providing for establishing, perma¬
nently, the seat of Government was read a second time,
and the Rules being suspended, it passed.
The act authorizing County Clerks to appoint depu¬
ties, and requiring them to reside at the County Seat,
was read a second time, and the rules being suspended,
it passed.
The resolution to purchase a Bell, was indefinitely
postponed.
The resolution for the relief of C. C. Dewitt was read
and referred to the Committee on Claims and Accounts.
The act from the House authorizing an injunction
against the Texas Rail Road, Navigation and Banking
Company, was indefinitely postponed.
The resolution authorizing two-thirds of the Senate to
suspend the rule was read and adopted.
( "8 )
The act to open a Port of Entry at the west end of
Galveston Island, was read a second time and ordered
to be engrossed. ,
The resolution making an appropriation for the Host
pital was indefinitely postponed.
, The resolution instructing the Auditor to respect the
accounts of George W. Poe, was read a second time and
passed. '
The resolution for the government of the Auditor in
certain cases, was read a' second time, amended and
passed.
The resolution for the relief of Stilman S. Curtiss was
read a second time and referred to the Committee on
Claims and Accounts.
On motion of Mr. Wharton, the Committee on Claims
and Accounts was authorized to employ a Clerk.
The resolution authorizing the President to pay the
expenses of taking Santa Anna to Washington City, was
indefinitely postponed.
' The resolution to allow Auctioneers to maritime towns
was read a second time, and the rules being suspended,
it passed.
The resolution for the relief of Colonel John Forbes
was referred to the Committee on Claims and Accounts.
The resolution to send copies of bills, resolutions, &c.
to the Heads of Departments was read a second time and
lost.
. The act to incorporate certain towns therein named
was read a second time and passed.
The report of the Joint Committee, to which was refer¬
red the subject of the President's appointing Chief Justi¬
ces, was. read a second time and laid on the table.
The act to incorporate the Texas Steam Mill Company
was read a second time, and the rule being suspended, it
passed.
The bill to regulate proceedings of Courts in certain
cases, was-read a third time and passed.
The act to authorize District Judges to hold extra
terms in certain cases, was read a third time and pass¬
ed.
'The act providing for taking the census of the Repub¬
lic was indefinitely postponed.
( 117 )
The ayes and noes were called on the re-consideration
of the vote of postponement, and stood as follows :
Ayes—Messrs. Barnett, Burton, Everitt, Raines and
Wharton—5. .
Noes—Messrs. Dunn, Horton, Lester, Robertson and
Wilson—5 : lost.
On motion of Mr. Horton, the Senate adjourned till
to-morrow morning 10 o'clock.
Wednesday, December 13th, 1837.
The Senate met pursuant to adjournment.
The Journals were read, amended and approved.
Mr. Robertson, Chairman of the Special Committee,
appointed to. wait upon the Secretary of the "Treasury,
and enquire respecting the donation of H. R. Hill, report¬
ed a bill for the relief of Henry Smith.
Mr. Everitt, Chairman of the Special Committee, ap¬
pointed to draft a bill setting forth the mode of creating
Chief Justices, reported by bill authorizing the Presi¬
dent to appoint them by and with the advice and con¬
sent of the Senate : which was read and the rule being
suspended, it was read a second and third time and
passed.
A message was received from the House returning
o cp
the act making provision for those who have been per¬
manently disabled in the service of Texas with the amend¬
ments of the Senate amended.
A communication was received from the first Auditor,
being a resolution requiring the Auditor to respect the
accounts of George W. Poe, and others : read, rule sus¬
pended and passed.
Mr. Everitt, Chairman of the .Special Committee, to
which was referred the petition of Messrs. Harris and
Wilson, reported a bill for their relief, and the rule being
suspended, it was read a second time, when a substitute
was offered and adopted.
Mr. Horton, Chairman of the Committee on Claims
and Accounts, to which was referred the resolution for
the relief of F. W. Thornton, reported the same without
amendments, and it was read and passed.
( 118 )
Mr. Barnett, Chairman of the special Committee, to
which was referred the bill to incorporate the Brazoria
Insurance Company, reported the same without action,
and it was indefinitely postponed.
Mr. Everitt, Chairman of the Special Committee, to
w hich was referred the petition of Stuart Perry,-reported
by bill for his relief, which was read a first time.
Mr. Everitt, by leave, offered a resolution for the relief
of Arthur Robertson, which was read a first and second
time, and referred to the Committee on Claims and Ac¬
counts.
Mr. Everitt, by leave, offered a resolution for the relief
of James Collinsworth : read a first time.
Mr. Horton, by leave, introduced a resolution making
an appropriation to pay the rent of the Capitol: read first
and second time, and referred to the Committee on
Claims and Accounts.
On motion of Mr. Wilson, thfi Senate adjourned till 3
o'clock, P. M.
THREE O'CLOCK, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Burton, the act to establish a friend¬
ly and commercial intercourse with the frontier Indians
was taken up on its second reading, amended, and the
rule being suspended, it was read a third time and pass¬
ed.
A message was received from the House, informing
the Senate that they had concurred in an Act supple¬
mentary to an Act to pay the Officers of the Army and
Navy, and asking the concurrence of the Senate in an
Act to define the Boundaries of the County of Bexar,, and
in an Act to define the Boundaries of the County of Jef¬
ferson.
Mr. Lester, from the Joint Special Committee to which
was referred the Bill for defining the Boundaries of the
County of Mina, reported the same with amendments,
and the Report was adopted and the Bill passed.
The Bill from the House, defining the Boundaries of
Jefferson, County was read, and the Rule being sus¬
pended, it passed.
( "9 )
Mr. Horton, Chairman of the Committee on Claims
and Accounts, by leave, reported the Resolution making
an appropriation to pay the rent of the Capitol, with an
amendment: the Report was adopted and the Bill
passed.
Mr. Horton also reported the Bill for the relief of
John Forbes, without amendment, and the Report was
adopted and the Resolution passed: also, the Resolu¬
tion for-the relief of H. C. Hudson, without amendment:
Report adopted and the Resolution laid on the table.
The Militia Bill was taken up on its second reading
and laid on the table, as the Special Order of the day for
to-morrow.
Mr. Everitt, from the Joint Special Committee to
which was referred the Act to define the Boundaries
of Liberty County, reported without amendments: re¬
port adopted and Act laid on the table.
The Resolution providing for Companies of Videttes
was taken up on its second reading, amended and
passed.
A message was received from the President.
Mr. Horton, by leave, reported the Resolution for the
relief of C. C. Dewitt, without amendment, and the Re¬
port was adopted and the Resolution passed.
Mr. Horton also reported the Resolution for the relief
of Stilman S. Curtiss without amendment, and the report
was adopted and the Resolution passed.
Also, the Resolution for the relief of Arthur Robertson,
and the Report was adopted and the Resolution; passed.
Also, the Resolution for the relief of Lucinda Shannon,
and the Report was adopted, and the Resolution laid on
the table till called up.
A message was received from the House, asking con¬
currence in a Resolution for the relief of " Deaf Smith's "
Family, and informing the Senate that the House had
concurred in the Act incorporating the town of Colum¬
bia, with amendments; in a Resolution directing the
Auditor to respect the Accounts of G. W. Poe, with
amendments; and in an Act to create a Justice of the
Peace and Constable for the Island of Galveston, with
amendments.
A Committee from the House was announced, which
invited the Senate to attend in the Representative Hall
on Saturday at II o'clock, to elect Chief Justices.
( 120 )
The Bill to incorporate the Houston, Brazos and Co¬
lorado Rail-Road Company was taken up in continua¬
tion of its second reading. The Ayes and Noes were
called on its postponement till May next, and stood as
follows:
Ayes—Messrs. Barnett, Burton, Dunn, Raines and
Wharton—5.
Noes—Messrs. Everitt, Horton, Lester, Robertson and
Wilson—5; and the President not being present, the
motion was lost.
The Senate went into secret session.
The doors being opened,
Mr. Wilson moved to adjourn till to-morrow 10
o'clock, and the Ayes and Noes being called, stood as
follows:
Ayes—Messrs. Everitt, Raines and Wilson—3.
Noes—Messrs. Barnett, Burton, Dunn, Horton, Les¬
ter, Robertson and Wharton—7 : lost.
On motion of Mr. Burton, the Senate adjourned till
this evening, half-past 7 o'clock.
half-past 7 o'clock, p. m.
The Senate met pursuant to adjournment.
The Bill to incorporate the Houston, Brazos and Co¬
lorado Rail-Road Company was taken up, and
On motion of Mr* Horton, was laid on the table till
to-morrow.
The Bill to incorporate the town of Columbia, which
had been returned from the House with amendments,
was taken up, and the amendments concurred in.
The Resolution for the relief of the family of Erastus
Smitfy was read a first time, and on motion of Mr. Horton,
was indefinitely postponed.
The Resolution providing for the purchase of Arms,
Ammunition and Provisions was taken up on its second
reading and amended, and the Rule being suspended,
it passed.
The Resolution relative to the Post-Office Department
was taken up on its second reading, and the Rule being
suspended, it passed.
The Act to amend the Judiciary Laws of the Repub¬
lic was taken up on its second reading, amended, and
the Rule being suspended, it passed.
( 121 )
The Act requiring the Commissioner of the General
Land Office to perform certain duties was taken up on.
its second reading, and referred to a Special Committee
consisting of Messrs. Robertson and Everitt.
The Act to incorporate the towns of Richmond, Saa
Felipe and Lagrange was taken up on its second reading,
and Mr. Horton offered a substitute which was adopted,
and the Bill passed. • ' t.
The Bill creating a Justice of the Peace and Consta¬
ble for the Island of Galveston, which had been returned
from the House with amendments, was taken up arid
the amendments concurred in.
The Act establishing a Port of Entry at the West end
of Galveston Island was taken up, and referred to a Spe¬
cial Committee consisting of Messrs. Wharton and Bur¬
ton, with instructions to report in the morning.
The Act to incorporate the town of Houston and other
towns therein named, was taken up, read and passed.
The Act providing for the disposal of property bv
Will was taken up on, its second reading; Mr. Burton
offered a substitute which was received, and the Bill
passed.
The Bill relating to the recording ,of Deeds was taken
up on its second reading, and, ore motion of Mr. Hortoa,
was indefinitely postponed. . •
The Resolution respecting New Business was taken
up and adopted.
The Act providing for the publication of the Laws
and. Journals, of Congress was taken up on its second
reading, and the Rule being suspended, it passed."
The Resolution relative to Title'Deeds'was t'aken up,
and indefinitely postponed. ,
The Resolution requiring the Auditor to audit the Ac¬
counts of. Thomas G. M'Gee was taken up, read and
passed.
The Act allowing pay to the District Attorney, or
Attorney-General, was taken up and indefinitely post¬
poned. '
-The Act providing for persons disabled in the service
of the Republic, which had been returned from the
House with the amendments of the Senate amended, \vas
taken up, and the- first amendment concurred in and the
second disagreed to.
II
( 122 )
The Resolution for the relief of Sam- Williams was
taken upon its third reading and passed.
The Report of the Committee respecting Titles issued
by the Commissioners of Austin's Colonies, was read
and adopted.
The Resolution for the relief of Maria Antonio de la
Garza was taken up 011 its second reading, and the
Rule being suspended, it passed.
The Resolution for the relief of Marcus Antonio Bere1-
mendi, was taken up on its third reading and passed.
The Act providing tor taking evidence by interrogato¬
ries was taken up on its second reading, and the Rule
being suspended, it passed.
The Act to define the Boundaries of the County of
Bexar was taken up on its first reading.
On motion of Mr. Everitt, the Sen-ate adjourned till
this morning 10 o'clock-
O
December 14, 1837.
The Senate met pursuant to adjournment.
The reading of the Journals was suspended.
Mr. Burnett, Chairman of the Committee on Public
Lands to which was referred the petition of the Citizens
of Robertson's Colon}', reported the same for the action
of the Senate.
Mr- Horton, Chairman of the Committee on claim's
and accbunls to which was referred the petition of John
A. Wharton, reported by bill for his relief, which was read,
and the Rule being suspended, it was read a second and
third time and passed.
Mr. Horton also reported a Bill for the relief of N. T.
Byersrwhich was read, and the Rule being suspended,
it passed: also, a Resolution for the relief of A. Le-
grand, to lie on the table as unfinished business, which
Report was adopted.
Mr. Wharton, Chairman of the Special Committee to
which was referred the Bill establishing a Port of Entry
at the West end of Galveston Island, reported the satin-
with amendments; and the Ayes and Noes being called
on the passage of the Bill, stood as ibllows:
Ayes—Messrs. Burnett, Burton, Dunn, Ilorton, Les¬
ter, Raines, Robertson, Wharton and Wilson-—9.
(123 )
Noes—Mr. Everitt—1; and the Bill passed,
Mr. Barton, Chairman of the Committee on Military.
Affairs to which was referred the Militia Bill, reported
to take up the same immediately, which Report was
adopted and the Bill taken up.
A message was received from the House, asking the!
' O
concurrence of the Senate in a Resolution for the relief
of Widow Kitty M'Coy, and informing the Senate that
the House had concurred in a Resolution respecting
County Surveyors; in a Bill to regulate the proceed¬
ings of Courts in certain cases.; and in the amendments
of the Senate to the Act providing for taking testimony
by interrogatories.
Mr. Somerville, Senator from Austin and Colorado,
appeared and took his Seat.
Mr. Horton moved to substitute the Militia Bill, passed
at the first session of the first Congress, in place of the
one under consideration; and the .Aves and Noes ,beirj<r
called, stood as follows:
Ayes—Messrs. Dunn, Horton, Lester, Robertson,
Somerville and Wilson—6.
Noes—Messrs. Barnett, Burton, Everitt, Raines and
Wharton—5; and the old Bill was substituted. Section
4th was amended so as to make the Major-General and
Brigadier-Generals elective by Joint Ballot of both
Houses of Congress. An additional Section (17th) was
adopted.
The Adjutant-General was made elective , by Joint
Ballot of Both Houses.
On motion of Mr. Burton, the Senate adjourned till 3
o'clock, P. M.
THKEE O'CLOCK, P. M.
The Senate met pursuant to adjournment.
A message was received from the House, informing
the Senate that the House had refused to concur in the
substitute for the Bill incorporating the towns of Rich¬
mond, fean Felipe and Lagrange; also, that they had
concurred in a Resolution providing for the. purchase of
Arms,'Ammunition and Provisions, with amendments,
( 124 )
rhd asked the concurrence of the; Senate In a'Resolution
for the relief of J. J. Linn, and one for the relief of F. W.
Thornton.
Mr. Robertson moved to re-consider the vote substitu-
ting the old Militia Bill for the one received from,the
House; and the Ayes and Noes being called, stood as
follows,:
Ayes—Messrs. Barnett, Burton, 'Everitt, Robertson
and Wharton-i—5.
Noes—Messrs. Dunn, Horton, Lester, Raines, Somcr-
ville and Wilson—6 : motion lost.
A message was received from the House, announcing
the passage of a substitute for the Bill substituted (by
the Senate for the Bill providing for .the disposition of
property by Will.
On motion of Mr. Wharton, Mr. Somcrville was added
to the Committee on Military Affairs.
A message was received from the House, asking the
concurrence of the Senate in a Bill authorizing the Post¬
master-General to establish a Post-Route. .
The Militia Bill was taken up and referred to the Com¬
mittee on Military Affairs.
The Bill incorporating the Houston, Brazos and Co¬
lorado Rail-Road Company, was taken up in continua¬
tion of its second reading.
A message was received from the House^ informing
the Senate that the Land Bill had been returned from the
President with his Veto, and had passed the House by
a constitutional majority; also, that they had passed an
Act to incorporate the town of Mina, and had concurred
in the Resolution for* the relief of John A. Wharton.
On motion being made to postpone the Rail-Road
Bill till May next, the Ayes and Noes were called, and
stood as follows:
Ayes—Messrs. Barnett, Burton, Dunn, Lester, Raines
and Wharton—6.
Noes—Messrs. Everitt, Ellis, Horton, Robertson, So-
merville and Wilson—6: the votes being equally divided,
the President voted in the affirmative, and the Bill was
postponed.
The Veto of the President to the Land Bill was read,
and the vote being taken ,on the passage of the Bill, it
passed unanhnoushj.
( it* )
On motion of" Mr. Dunn, the Senate ac|journed till 10
o'clock) to-morrow.
FRIDAY, DECEaifiErt 15, 1837.
The Senate met pursuant to adjournment.
The reading of the Journals was postponed^
The Senate went into secret session, and,
The doors being opened,
Mr. Everitt offered a Resolution requiring the Post¬
master-General to establish a Mail-Route from Nacog¬
doches to Red River, which was read a first time* and
the Rule being suspended, it was read a second and
third time and passed.
Mr. Wilson, Chairman of the Navy Committee to which
was referred the petition of Herman & Co., reported
the same for the action of the Senate.
Mr. Lester, Chairman of the Enrolling Committee,
reported the following Bills, as having been approved by
the President.
i " An Act to incorporate the town of Matagorda."
"A Joint Resolution for the relief of Anson Jones."
"An Act to clear out the-Rivers Attoyac, Angelina
and Neches."
" An Act to create the County of Fort Bend."
"An Act to define the Boundaries Of the counties of
San Augustine and Sabine; and
"An Act supplementary to an Act to pay the Officers
and Soldiers of the Army and Navy."
A message was received from the House* asking the
concurrence of the Senate in a Joint Resolution relative
to Consulates.
In a Joint Resolution for the relief of John J. Linn; in
an Act to define the Boundaries of the Courtly of San
Patricio; and informing the Senate that, they had passed
a substitute for the Act to disband the Army; and had
concurred in an Act supplementary to an Act to raise
a Revenue by Direct Taxation, with amendments; also,
in'a Resolution for the relief of Marcus A. Beremendi;
in a Resolution making an Appropriation to pay the rent
of the Capitol, with amendments; in a Resolrttion for the
relief of Samuel Williams; in art Act to amend the Judi¬
ciary Laws of the Republic, with amendments, and in a
11#
( 126 )
Resolution requiring the Auditor to audit the Accounts
of Colonel Weymouth, with amendments.
On motion of Mr. Everitt, the Senate adjourned till 3
o'clock, P. M.
three o'clock, V. m.
The Senate met pursuant to adjournment.
A committee from the House, invited the Senate to at¬
tend in the Representatives' Hall to elect the officers
contemplated by the Land Law.
Mr. Lester moved to re-consider the vote laying the
Rail-Road Bill on the table till May next; and the Ayes
and Noes being called, stood as follows:
Ayes—Messrs. Everitt, Horton, Lester, Robertson,
Somerville, Wharton and Wilson—7.
Noes—Messrs. Barnett, Burton, Dunn and Raines—4;
and the motion was carried.
A committee from the House informed the Senate,
that the House had refused to concur in the Bill au¬
thorizing the President to appoint Chief Justices, and
invited the Senate to attend in the Representatives' Hall
to-morrow at 11, o'clock, to elect said officers.
Mr. Everitt moved that a committee be appointed to
request the House to concur in the appointment of Tues¬
day of next week for the electing of Chief Justices; and
also of all officers contemplated by the Land Law, and
the Militia Law, and the Ayes and Noes being called,
stood as follows:
Ayes—Messrs. Everitt, Horton, Lester, Robertson,
Somerville and Wilson—6.
Noes—Messrs. Barnett, Burton, Dunn, Raines and
Wharton—5; so the motion was carried, and Messrs.
Everitt and Horton were appointed said committee, who
discharged their duty and reported accoidingl}r.
The Rail-Road Bill was taken up.
■ A committee from the House, announced that the
House disagreed to the request of the Senate to appouit
Tuesday for the election of officers, and respectfully re¬
quested the Senate to attend in the Representatives'
Hall, this evening at 7 o'clock, for that purpose. 1
The Rail-Road Bill was laid on the table till to-mor¬
row,
( 127 )
The Bill to define the Boundaries of Liberty Cotnty
was taken up as reported by the committee, and the
Ayes and Noes being called on its passage, stood as fol¬
lows : '
Ayes—Messrs. Barnett, Everitt, Raines and Whar¬
ton—4.
Noes—Messrs. Burton, Dunn, Horton, Lester, Robert¬
son, Somerville and Wilson—7 : lost. •
Onmotion of Mr. Robertson, the vote was re-consi¬
dered, and the Bill, as reported by the committee, passed.
Messrs. Wharton and Barnett were appointed a com¬
mittee to inform the House, that the Senate would meet
them at 7 o'clock this evening, to elect the officers con¬
templated by the Land Law.
A message was received from the President, with his
Veto to the Resolution placing Captain Sylvester and
his Company on a footing with other Volunteers, which
was read and the Resolution re-considered, and the Ayes
and Noes being called on its passage, stood as follows:
Ayes—Messrs. Barnett, Burton, Robertson, Wharton
and Wilson—5.
Noes—Messrs. D.unn, Everitt, Horton, Lester, Raines
and Somerville—6: lost; and the Veto of the President
was sustained. . '
Mr. Lester, Chairman of the Enrolling Committee, re¬
ported the following Bills, as having been presented to
the President for his signature.
A Joint Resolution incorporating the town of Colum¬
bia.
An act creating the office of Justice of the Peace and
Constable for the Island, of Galveston.
An act to regulate the proceedings of the several courts
in certain cases.
A Joint Resolution respecting County Surveyors.
An act to authorize the Clerks of the several Courts to
appoint deputies.
An act to define the boundaries of the county of Jef¬
ferson.
An act to encourage .Steam Navigation.
O O
An act to incorporate the City of Houston and other
towns therein named.
An act to define the boundaries of the county of Mina.
A Joint Resolution for the relief of Maria A. de la
Garza.
( 128 )
A Joint Resolution for the relief of F. W. Thornton.
A Joint Resolution for the relief of Colonel J. Forbes.
An act for the relief of Stilman S. Curtiss.
An act to provide for taking testimony by interroga¬
tories.
A Joint Resolution for the relief of C. C. Dewitt.
An act to authorize the District Courts to hold special
terms in certain cases therein named.
An act to provide for the publication of the Laws and
Journals of the Congress of this Republic.
A Joint Resolution requiring the Auditor to audit the
claim of Thomas G. M'Gee,
An act to authorize attachments to be issued in certain
cases therein named.
A Joint Resolution to incorporate certain towns there¬
in, named.
The substitute from the House for the bill disbanding
the Army was taken up, and the ayes and noes being
called on adhering to the original, stood as follows :
Ayes—Messrs. Barnett, Dunn, Everitt, Horton, Les¬
ter, Raines, Robertson, Somerville and Wilson—9.
Noes—Messrs. Burton and Wharton—2; and the origi¬
nal was adhered to.
Mr. Burton, Chairman of the Military Committee, to
which was referred the Militia Bill, reported by supple¬
mentary enactments : the report was adopted, and the
rule being suspended, the bill passed.
On motion of Mr. Wharton, the Senate adjourned till
quarter before 7 this evening.
QUARTER TO 7 O'CLOCK, P. M.
The Senate met pursuant to adjournment.
On motion of Mr. Wharton, the vote postponing inde¬
finitely the bill to incorporate the Brazoria Insurance
Company was re-considered : also, the vote postponing
indefinitely the resolution forthe relief of Erastus Smith's
family ; and also, the resolution for the relief of A. Le-
grand.
On motion of Mr. Everitt, the Senate proceeded to the
Representatives' Hall, and went"" into an election of the
Officers contemplated-by the Land Law, by joint ballot,
as follows ;
( 129 )
For Austin County : James M'Nutt, President of the
Board of Land Commissioners; Martin Allen and Ro
bert Keyburg, Associate Commissioners ; J. Hampton
Kuykendall, Clerk of the Board ; — Kenney, Sur¬
veyor.
For Bexar: David Murphy, President; John S.
Simpson and John M'Crary, Associate Commissioners;
Wm. P. Delmone, Clerk ; R. C. Trimble, Surveyor.
For Brazoria: Edwin Waller, President; Theodore
Bcnnet and A. C. Hyde, Associate Commissioners ; T.
H. Blackwell, Clerk ; Wm. H. Hrint, Surveyor. ■
For Colorado: Abraham Ally, President; William¬
son Daniels and Wm. Thompson, Associate Commis¬
sioners ; Robert Brotherson, Clerk; L. S. Hagler, Sur¬
veyor.
For Fayette: Reddln Andrews, President; George
W. Spiere and David Breedin, Associate Commission¬
ers; N. W. Eastland, Clerk; Thomas Green, Surveyor.
For Fannin : Bailey English, President; Jos. Mur¬
phy and Wm. H. Burton, Associate Commissioners ; J.
S. Baker, Clerk; Daniel Montaigne, Surveyor.
For Fort Bend : Randal Jones, President; Daniel
Perry and Hiram Thompson, Associate Commissioners;
W. H. Poole, Clerk; Pascal P. Borden, Surveyor.
For Gonzales: Joseph D. Clements, President; Jas.
Hodges, Sen., and Wm. A. Matthews, Associate Com¬
missioners; Sam. Williams, Clerk; Charlbs Lockhart,
Surveyor.
For Goliad: Wm. P. Patterson, President; M. B.
Lewis and Wm. Bromley, Associate Commissioners;
Andrew Neill, Clerk; Richard F. Hood, Surveyor.
For Houston:' Stephen Box, President; Elijal Gas-
set and J. Wortham, Associate Commissioners; Samuel
G. Wells, Clerk ; George Aldridge, Surveyor.
For Harrisburg : Benjamin Fort'Smith, President;
Wm. P. Harris and James S. Holman, Associate Com¬
missioners; R. D. Johnson, Clerk; G. W. Patrick, Sur¬
veyor.
For Jefferson : . Claiborne West, President; John
Bollinger and Hezekiah Williams, Associate Commis¬
sioners ; James P. Pulsifer, Clerk; Andrew Smith, Sur-
ve}ror.
For Jasper : G, W. Smith, * President; John Bevil
( 130 )
and Thomas B. Huling, Associate Commissioners ; Ro¬
bert A. Fennell, Clerk; Martin B. Lewis, Surveyor.
For Jackson : Patrick Usher, President; Francis M.
White and John Andrews, Sen., Associate Commission¬
ers ; John S. Menifee, Clerk; Thomas Simms, Surveyor.
FotLiberty : D. P. Coit, President; Hugh B. John¬
son and Henry W.Farley, Associate Commissioners;
G. W. Miles, Clerk; Franklin Hardin, Surveyor.
For Montgomery : E. Collard, President; W. R.
Bowen and Jesse Parker, Associate Commissioners; B.
B. Goodrich, Clerk; Win. Robertson, Surveyor.
ForMina: Samuel B. Patton, President; Josiah
Willburger and Moses Gage, Associate Commissioners;
R. B. Craft,' Clerk; Bartlelt Sims, Surveyor.
For Milam: A. B. Fleury, President; D. M'Cand-
lass and Bell, Associate Commissioners; E. L.
Stickney, Clerk ; Thomas A. Graves, Surveyor.
For Matagorda: S. D. Brigham, President; H. Cook
a,nd Thomas Jammerson, Associate Commissioners, D.
C. Cadey, Clerk; E. R. Wightman, Surveyor.
For Nacogdoches: David Rusk, President; Wm.
Hart and Adolphus Stone, Associate Commissioners;
K.. H. Muse, Clerk; W. A. Ferris, Surveyor.
For Robertson: Thomas Dillard, President; James
Dunn and Leander Harl, Associate Commissioners; A.
L. M'Coy, Clerk; Augustus W. Cook, Surveyor.
Foi4 Red River: Mansel M. Matthews, President;
James Latteman and David Lane, Associate Commis¬
sioners ; Benjamin Gouch, Clerk; Jefferson Milam, Sur¬
veyor.
For Refugio: James C. Allen, President; Martin
Power and Walter Lambert, Associate Commissioners;
Richard Roman, Clerk ; Reuben Roberts, Surveyor.
For San Patricio: Mark Donaldson, President; Mi¬
chael Haley and Benjamin Audlam, Associate Commis¬
sioners; J. P. January, Clerk ; John Buchanan, Survey¬
or.
For Sabine: John Boyd, President; Martin D.
White and John IJ. M'Cray, Associate Commissioners;
W. H. Harris, Clerk; Harman Frazier, Surveyor.
For Shelby : George English, President; Willis H.
Landrum and George Butler, Associate Commissioners;
L. W. Edwards, Clerk; Richard Hooper, Surveyor.
( 131 )
For San Augustine : Alexander Hortori, President*;
J. D. Thomas and Nathaniel Hunter, Associate Com¬
missioners; John C. Brook, Clerk; John M'Gowan. Sur¬
veyor.
For Victoria: Edward Linn, President; John M.
Henry and Arthur Burns, Associate Commissioners ;
Oscar Farish, Clerk; James Carr, Surveyor.
For Washington : Stephen R. Roberts, President;
Jesse Bartlett and James W. Smith, Associate Commis¬
sioners; Prosper Hope, Clerk; Adolphus Hope, Sur¬
veyor.
The Senate then returned to the Chamber, and,
On motion of Mr. Wilson, adjourned till to-morrow 10
o'clock, A. 31.
Saturday, December 16th, 1837.
The Senate met pursuant to adjournment.
The Journals were read, amended and approved.
Messrs. Wharton and Burton, were appointed a com¬
mittee to inform the House that the Senate would meet
them at 11 o'clock to elect Chief Justices; and the com¬
mittee having performed their duty reported according¬
ly'.
On motion of Mr. Wharton, leave of absence for the
remainder of the sfe'ssion was granted to His Excellency
31. B. Lamar, President of the Senate, who took leave of
the Senate in an address of some length and retired.
Mr. Everitt took the chair as President pro tern.
A message was received from trie House asking the
concurrence ofthe Senate in a bill to employ commission¬
ers to compile a code of Laws for the Republic : in an
act providing for the appointment of Chief Justices in
case of vacancy: in a resolution to translate (Certain laws
of the Republic into the Castilian language: and in a
joint resolution to rec-al Mr. Hunt.
The bill appointing commissioners to compile a code
of laws for the Republic was read, and amended by slri~.
Jang out ''commissioners," and inserting "two legal gen¬
tlemen ;" and the title being suspended, it passed.
The hill to incorporate the Houston, Brazos and Col-
oruda Rail-Road Company was taken up, and amended
( 132 )
by striking out Colorado; and the rule being suspended,
the ayes and noes were called on its passage and stood
as follows :
Ayes—Messrs. Everitt, Horton, Lester, Robertson,
Somerville and Wilson—6.
Noes—Messrs. Barnett, Dunn, Rainefe and Wharton—
4 : so the bill passed.
The Senate then proceeded to the Representatives'
Hall, and went.into an Election for Chief Justices, by
joint ballot, and the following persons were elected :
County of Bexar, W. H. Dangerheld;
" Brazoria, W. P. Scott;
'• Colorado, W, J. E. Hurd;
" Fayette, A. Babb;
" Fannin, J. G. Jewett;
" Fort Bend, Wiley Martin;
" Goliad, W. S. Hunter;
" Houston, Isaac Parker;
" Jeflerson, Henry Millard;
u Montgomery, Jesse Grimes;
*' Mina, L. C. Cunningham;
" Matagorda, Sinclair D. Gervais;
" Robertson, Francis Slaughter;
" Red River, E. S. Tanent;
" Refugio, A. C. Allen;
" Sabine, F. F. Gaines;
" San Augustine, R. H. Foote;
" Victoria, John Hayes.
The Senate then returned to the Senate Chamber.
The resolution from the House to recal Mr. Hunt,
and appoint another Consul at New York, was taken up,
and laid on the table for action in secret session.
The resolution from the House providing for filling
vacancies of Chief Justices was read, and the rule being
suspended, it passed.
The resolution making an appropriation for paying the
rent of the Capitol, which had been returned from the
House with amendments, was taken up, and the amend¬
ments concurred in.
The resolution from the House providing for the trans¬
lation of certain Laws of the Republic into the Castilian
language was read, and the- rule being suspended, it
passed.
( 133 )
Mr. Horton, by leave, introduced a resolution to in¬
struct the Auditor to audit the accounts of Messrs. Gray
and Kaufman, for services in the case ofS. Rhodes Fisher,
which was read, and the rule being suspended, the ayes
and noes were called on its passage and stood as fol¬
lows :
Ayes—Messrs. Dunn, Horton, Lester, Robertson,
Somerville, Wharton and Wilson—7.
Noes—Messrs. Everitt, Barnett, Burton and Raines—
4: so the resolution passed.
The bill to incorporate the Brazoria Insurance Compa¬
ny was taken up on its second reading, and the rule be¬
ing suspended, it passed.
The resolution for the relief of the family of Erastus
Smith was taken up on its second reading, and a substi¬
tute was offered and adopted.
The resolution providing for the purchase of arms,
provisions and munitions of war, which had been return¬
ed from the House with amendments, was taken up, and
the amendments concurred in.
The substitute, from the House, for the substitute of
the Senate for the bill providing for the disposition of
property by will, was read and adopted.
The act requiring the Auditor to respect the accounts
of G. W. Poe, which had been returned from the House
with amendments, was taken up and the amendments
disagreed to.
A message was received from the House, returning
the substitute for the Bill to raise a Revenue by Impost
Duties, with amendments, which was read, and the
.amendments concurred in.
The Act making provisions for persons disabled in the
service of Texas, which had been returned from the
House with amendments, was read and the amend¬
ments concurred in.
The Resolution for the relief of Stuart Perry, was taken
up on its second reading, and ordered to be engrossed.
Mr. Horton, by leave, introduced an Act to declare
the children of Sterling C. Robertson legitimate, which
was read, and the Rule being suspended, it passed..
The Resolution relative to Consulates (from the
House) was read, and the Rule being suspended, it
passed.
12
( 134 )
By a suspension of the Rule, the Resolution for the re¬
lief of Stuart Perry was taken up on its third reading,
and the Ayes and Noes being called on its passage, stood
as follows:
Ayes—Messrs. Burton, Dunn, Everilt, Robertson and
Wilson—5.
Noes—Messrs. Barnett, Horton, Lester, Somerville,
Wharton and Raines—6: lost.
On motion of Mr. Horton, Colonel Weymouth was al¬
lowed to withdraw document No. 6, of his Accounts.
The Resolution requiring the Auditor to audit the Ac¬
counts of Colonel Weymouth, which had been returned
from the House with amendments, was taken up and
the amendments concurred in.
A message was received from the House, asking a
Committee of Conference on the Bill to disband the Ar¬
my; and Messrs. Horton, Dunn, and Somerville were
accordingly appointed.
The Resolution for the relief of the Commissioners
appointed by the Consultation was taken up, and the
the Rule being suspended, it passed. .
The Resolution for the relief of James Collinsworth
was taken up on its second reading, and the Rule being
suspended, it passed.
The Act to incorporate the town of Mina was read,
and the Rule being suspended, it passed.
The Act to amend the Judiciary Laws of the Repub¬
lic, which had been returned from the House with
amendments, was taken up, and the amendments con¬
curred in.
On motion of Mr. Everitt, the Senate adjourned till 3
o'clock, P. M.
THREE O'CLOCK, P. M.
The Senate met pursuant to adjournment.
Mr. Lester, Chairman of the Enrolling Committee,
reported the following Bills as having been presented
to the President for his signature :
• "A Joint Resolution for the relief of John A. Whar¬
ton." '
"A Joint Resolution for the relief of M. A. Beremendi."
( 135 )
"A Joint Resolution for the relief of Samuel Wil¬
liams."
"An Act supplementary to an Act to raise a Reve-
mie by Direct Taxation."
"A Joint Resolution providing for the purchase of
Provisions and Munitions of War."
" A Joint Resolution making an Appropriation for the
Rent of the Capitol."
"An Act supplementary to an Act entitled, an Act
to organize the Militia of this Republic."
"An Act declaring legitimate certain children therein
named."
"An Act to incorporate the Texas Steam-Mill Com¬
pany."
"An Act granting Land to those who were in the bat¬
tles of San Jacinto and of other places."
" An Act to amend the several Laws regulating the
Post-Office Department.
"An Act to authorize the Postmaster-General to es¬
tablish a Mail Route on Red River."
"An Act amending the Judiciary Laws of the Repub¬
lic."
"A Joint Resolution directing the Auditor to respect
the Accounts of G. W. Poe."
"An Act to define the Boundary Line of the County
of Liberty."
" An Act supplementary to an Act creating a Board
of Medical Censors."
The Report of the Joint Special Committee, to which
was referred the communication of the Secretary of the
Treasury respecting the Donation of H. R. Hill, was
taken up, and laid oh the table as the Special Order of
the day for Monday.
A message was received from the House, informing
the Senate that the House bad concurred in the Act sup¬
plementary to an Act to organize the Militia, with
amendments: that they had concurred in the substitute,
of the Senate, for the Bill for the relief of the family
of Erastus Smith, with amendments; and in the Reso¬
lution for the relief of Dugald Brown; and had passed
the substitute reported by the Committee of Conference,
for the Act to disband the Army.
The Act supplementary to an Act to organize the Mi-
( 136 )
litia, which had been returned from the House with
amendments, was taken up and the amendments con¬
curred in.
The amendments of the House to the Resolution for
the relief of the family of Erastus Smith, were concurred
in.
A message was received from the House, informing
the Senate that the House had receded from their amend¬
ments to the Bill respecting G. W. Foe, and had con¬
curred in the Act declaring legitimate certain children
therein named.
The substitute for the Bill to disband the Army,
which was reported by the Committee of Conference,
was taken up and adopted.
The Act from the House, to define the Boundaries of
the County of San Patricio, was read a first time.
The Resolution from the House, for the relief of the
widow Kitty McCoy was read, and the Rule being sus¬
pended, it passed.
By suspension of the Rule, the Bill defining the
Boundaries of the County of San Patricio was taken up,
and indefinitely postponed.
The Bill defining the Boundaries of the County of
Bexar, from the House, was taken up and indefinitely
postponed.
The Resolution for the 'relief of J. J. Linn was read
the first time.
The Resolution for the relief of F. W. Thornton was
read the first time.
The Resolution for the relief of McKinney & Wil¬
liams Was read the second time.
The Resolution for the relief of Alexander Legrand
was taken up on its second reading, and laid on the
lable till Monday.
The Resolution for the relief of H. C. Hudson was
taken up on its second reading, and the Rule being sus¬
pended, it passed.
The original Bill to incorporate the towns of Rich¬
mond, San Felipe and Lagrange, the substitute having
been rejected by the House, was taken up, amended and
passed.
Mr. Horton, Chairman of the Committee on Claims
and Accounts, to which was referred the Account of
( 137 )
Captain J. D. Boylan, by leave, reported unfavorably
on the same, and it was laid on the table.
A message was received from the House, informing
the Senate that the House had concurred in the Resolu¬
tion for the relief of Thomas Brennan.
The Senate went into secret session.
The doors being opened,
Mr. Burton introduced a Resolution authorizing any
person to drive horses, cattle, &c., from beyond the Nue¬
ces* which was read, and the Rule" being suspended, it
passed.
A message was received from the House, informing
the Senate that the House had concurred in the Resolu¬
tion for the relief of James'Collins worth, with amend¬
ments : in the Resolution to adjourn on the 15th Decem¬
ber, with amendments; and had passed an Act supple¬
mentary to an Act creating a Board of Medical Censors.
The Act supplementary to an Act creating a Board
of Medical Censors was read, and the Rule being sus¬
pended, it was concurred in.
The Resolution for the relief of James Collinsworth
was taken up, and the amendments of the House re¬
jected.
A committee from the House was announced, who
requested the appointment of a Joint Committee to wait
on the President and request him to sign or reject the
Militia Bill and the\Bill to disband the Army; and
Messrs. Wharton and Horton were accordingly ap¬
pointed.
The vote, rejecting the amendment of the House to
the Bill for the relief of James Collinsworth, was re-con¬
sidered, and the amendment concurred in.
The Resolution to adjourn on the 15th of December,
returned from the House with amendments, was taken
up, and laid on the table till Monday.
On motion of Mr. Wharton, the Senate adjourned
till half-past 7 o'clock, P. M.
HALF-PAST 7 O'CLOCK, P. M.
The (Senate met pursuant to adjournment.
( 188 )
Mr. Horton, by leave, introduced an Act supplementa¬
ry to an Act entitled an Act supplementary to an Act to
organize the Militia, which was read, and the Rule being
suspended, it passed.
The Resolution for the relief of A. R. Bodman, which
had been laid 011 the table till vouchers should be pro¬
duced, was called up, and the Rule being suspended,
it passed.
By suspension of the Rule, the Resolution for the re¬
lief of J. J. Linn was taken up, and the Rule being sus¬
pended, it passed.
By suspension of the Rule, the Resolution for the re¬
lief of F. W. Thornton was taken up, and the Rule being
suspended, it passed.
On motion of Mr. Horton, all documents which had
been received from the State Department were ordered
to be returned.
Mr. Lester, by leave, introduced a Bill to disband
the Navy, which was read, and the Rule being sus¬
pended, it was read a second time, a substitute adopted
and the Bill passed.
Mr. Wilson, by leave, introduced a Resolution to ap¬
point a Joint Committee to contract for the printing of
the Laws of Coahuila and Texas, of the Consultation
and of the Convention, which was read, the Ayes and
Noes being called on its indefinite postponement, stood
as follows:
Ayes—Messrs. Dunn, Everitt, Horton and Robert¬
son—4.
Noes—Messrs. Barnett, Burton, Lester, Raines,
Wilson and Wharton—6: so the motion was lost.
The Ayes and Noes being called on a suspension of
the Rule for a third reading, stood as follows:
Ayes—Messrs. Barnett, Burton, Horton, Lester,
Raines, Robertson, Somerville, Wharton and Wilson—<9.
Noes—Messrs. Dunn and Everitt—2 : so the Rule
was suspended and the Bill passed.
Messrs. Somerville and Burton were appointed said
committee.
On motion of Mr. Everitt, an election was held for
Commissioners to receive proposals for establishing the
contemplated Seat of Government, and Messrs. Barnett
and Raines were elected.
( 139 )
On motion of Mr. Wilson, the Senate adjourned till
Monday morning 10 o'clock.
Monday, December 18, 1837.
The Senate met pursuant to adjournment.
The Journals were read and approved.
A message was received from the House, asking
the concurrence of the Senate in an Act, supplementary
to all the Acts heretofore passed, to organize the Militia;
also, returning the Resolution to print the Laws of Coa-
huila and Texas, and of the Consultation, and Con¬
vention, with amendments.
Mr. Burton requested leave of absence for Mr. Raines
for the remainder of the session, which was granted.
Mr. Horton, by leave, introduced a resolution to allow
the accounts of the Rev. Mr. Fowler, for services as
Chaplain of the Senate, which was read, and the rule be¬
ing suspended, it passed.
. Messrs. Wharton and Horton were appointed a com¬
mittee to wait upon the President, and request him to
sign or veto the Bills now before him without delay, and
the Senate took a recess during the absence of said com¬
mittee.
The committee returned and reported that the Presi¬
dent would make known his determination as soon as
possible.
A message was received from the President, and the
Senate went into secret session.
The doors being opened, on motion of Mr. Wilson, the
Senate adjourned till- 3 o'clock, P. M.
three o'clock, p. m.
The Senate met pursuant to adjournment.
The resolution to adjourn, which had been amended
by the House was taken up, and the "1st Monday in
May" stricken out, and the "2nd Monday in April" in¬
serted.
The resolution in favor of A. Robertson, which had
been returned from the House without action, as they
( 140 )
Considered it wholly under the control of the Senate,
was taken up, and the opinion of the House confirmed.
Mr. Lester reported the following bills as having been
presented to the President lor his signature :
"A Joint Resolution requiring the Auditor to settle
with Thos. Brennan."
"A Joint Resolution for the relief of Dugald Brown."
"A Joint Resolution for the relief of Jas. Collinsworth."
"A Joint Resolution for appointing two legal gentle¬
men to compile a code of Laws for the Republic."
"A Joint Resolution for the relief of J. J. Linn."
Mr. Lester, by leave, introduced a resolution to change
the name of the county and town ©f Mina to Bastrop,
which was read, and the rule being suspended, it passed.
The act from the House, supplementary to all the acts
heretofore passed to organize the Militia, was taken up,
and laid on the table till the act should be disposed of.
The report of the committee to which was referred the
■communication of the Secretary of the Treasury respect¬
ing the donation of H. R. Hill, was taken up.
Mr. Burton offered a resolution for the relief of J. D.
Boylan which was read, and the rule being suspended,
it passed.
A message was received from the House returning the
resolution for adjourning, having refused to agree to the
day appointed by the Senate.
The resolution was taken up, the amendment adhered
to, and Messrs. Wharton and Ellis appointed a commit¬
tee of conference.
The resolution providing for printing the Laws of Co-
ahuila and Texas, and of the Consultation, and of the
Convention, was taken up, and the amendments of the
House concurred in.
Mr. Horton offered a resolution to lay on the table all
the documents relative to the donation of H. R. Hill till
the next session, which was read and adopted.
A resolution was received from the House authorizing
F. R. Lubbock to procure cisterns for the use of the Cap¬
itol, which was read, and the rule being suspended, it
passed.
A committee from the House was announced, which
invited the Senate to attend in the Representatives' Hall
to elect Medical Censors.
( 1« )
On motion of Mr. Horton, the Secretary of the Senate
was ordered to deliver the documents of the Senate to*
the Secretary of State, on the adjournment of Congress.
The Senate proceeded to the Representatives' Hall and
went into an election for Medical Censors, and elected
the following gentlemen :
County of Red River, Isaac Jones;
" Nacogdoches, R. A. Irion;
" Harrisburg and Liberty, Ashbel Smith;
" Washington, A., C. Hoxie ;
Milam, G. W. Hill;
" Brazoria, J. M'Neill Stuart;
" Matagorda, Victoria and Jackson, A. M. Levy;
" Mina and Gonzales, Thos. Anderson;
" Austin and Colorado, Joel Johnson;
" San Patricio, Refugio & Goliad, J. P. January;
" Bexar, H. Bissel.
A message was received from the House informing the
Senate that they had concurred in the resolution to
change the name of the' county and town of Mina.
Permission was granted to Mr. Stuart Perry to with¬
draw his documents.
The Senate went into secret session.
The doors being opened, on motion of Mr. Wilson, the
Senate adjourned till 7 o'clock, this evening.
7 o'clock, p. m.
The Senate met pursuant to adjournment.
Mr. Wharton, Chairman of the Committee of Confer¬
ence on the resolution to adjourn, reported that each
committee adhered to its own amendments.
On potion of Mr. Wharton, a committee consisting of
Messrs. Wharton and Horton, was appointed to wait on
the House, and urge the setting a part of the 20th inst.
to adjourn,—who performed their duty and reported ac¬
cordingly.
The Senate went into secret session.
The doors were opened, and a message was received
from the House informing the Senate that the President
had returned the act supplementary to an act to organize
the Militia with his veto; and that it had passed the.
House by a Constitutional majority.
( 142 )
The veto was read, and the ayes and noes being called
on the passage of the bill, it passed by an unanimons
vote.
A message was received from the House inviting the
Senate to attend in the Representatives' Hall, for the
purpose of electing the officers contemplated by the Mi¬
litia Law.
The Senate accordingly repaired to the Representa¬
tives' Hall, went into an election,, and the following gen¬
tlemen were elected—viz :
Major-General, Thomas J. Rusk ;
1st Brigadier-General, Edward Burleson;
2nd " " Mosely Baker;
3rd " " R. H. Douglass;
4th " " John H. Dyer;
Adjutant-General, H. B. M'Leod.
The Senate returned to their Chamber.
A committee from the House announced that the
House adhered to their original resolution to adjourn this
evening, arid asked a committee of conference to consult
on the subject.
Messrs. Everitt and Wharton, were accordingly ap¬
pointed, who having retired to consult, returned and re-,
ported that the Joint Committee had concluded to report
to-morrow as the day for adjourning.
A message was received from the House informing the
Senate that the House had concurred in the report of the
Joint Committee of conference to adjourn to-morrow,
and had appointed a committee to wait upon the Presi¬
dent and inform him of the same.
Messrs. Burton and Everitt, were appointed a com¬
mittee to wait on the President in conjunction with said
committee.
On motion of Mr. Wilson, the Senate adjourned till
to-morrow, 10 o'clock.
December 19, 1837,
The Senate met pursuant to adjournment.
The Journals were read and approved.
Mr. Wilson, by leave, introduced a resolution making
an appropriation for the Jail of Harrisburg county, which
was laid on the table.
Mr. Burton, by leave, introduced a resolution sua-
( 143 J)
pending the rule requiring biils to be presented to the
President for his signature the day before the adjourn¬
ment of Congress ; which was read, and the rule being
suspended* it passed.. ^
The Senate went into secret session.
The doors being opened, Mr. Lester reported the fol¬
lowing bills as having been presented to the President
for his signature—viz :
"An act to authorize persons to dispose of property by
will."
"An act to incorporate the Brazoria Insurance Com¬
pany."
"Joint Resolution for the relief of the family of Erastus
Smith."
"An act relating to the pay of the Officers and Sol¬
diers who are in actual service."
"An act making provisions for persons disabled in the
service of Texas."
"An act to define the boundaries of the county of Red
river."
"Joint Resolution relative to consulates."
"Joint Resolution to translate the Laws of the Repub¬
lic into the Castilian Language."
"Joint Resolution for the relief of F. W. Thornton."
"Joint Resolution for the relief of widow Kitty Mc
Coy."
"An act to amend the act entitled an act to raise a rev¬
enue by impost duties."
"An act to incorporate the town ofMina."
"Joint Resolution for the relief of H. C. Hudson."
"Joint Resolution for the relief of A. R. Bodman."
"An act to provide for the appointment of Chief Jus¬
tices."
"Joint Resolution altering the name of the county and
town of Mina to Bastrop."
"An act to incorporate the towns of Richmond, San
Felipe and Lagrange." .
"Joint Resolution authorizing F. R. Lubbock to pro¬
cure cisterns for the Capitol."
"Joint Resolution appoirjtinga Joint Committee to con¬
tract for printing the Laws of Coahuila and Texas, of the
Consultation, and of the Convention."
On motion of Mr. Lester. Messrs. Trott and Howe had
leave to withdraw their petition.
( 1
Mr. Wilson introduced a resolution allowing extra pav
to J. C. Wilkinson, door-keeper, which was read and
passed.
Mr. Wilson introduced absolution allowing extra pay
to Marshall Mann, former door-keeper, which was read
and passed.
Messrs. Wharton and Burton, were appointed a com¬
mittee to inform the House that the Senate was ready to
adjourn, to meet at this place on the 2nd Monday in April,
1838, who discharged their duty and reported accordingly.
A message Was received from the Hqpse asking the
concurrence of the Senate in a resolution supplementa¬
ry to a resolution for the relief of Sam. Williams, which
was read and concurred in.
The Senate then proceeded to the Hall of the Repre¬
sentatives to hear the address of His Excellency the Pre¬
sident.
The President having delivered his address, the Sen¬
ate returned to their chamber.
The Bond of the Commissioners of the General Land
Office was read and approved.
A message was received from the House informing the
Senate that the House had concurred in the resolution
respecting presenting bills to the President for his signa¬
ture one day before adjournment, with amendments,
which were concurred in by the Senate.
A committee from the House announced that the
House was ready to adjourn.
:"-*The Senate went into secret session.
The doors being opened,
On motion of Mr. Somerville, the President pro tem.
of the Senate was instructed to tender the thanks of
the Senate to His Excellency, M. B. Lamar, for the able
manner in which he presided over the Senate.
The Senate adjourned in accordance with the resolu¬
tion passed to that effect to meet at this place on the 2nd
Monday in April, 1838.
S. H. EVERITT,
President pro tem. of the Senate.
THE WAR
ON
THE BANK OF THE UNITED STATES;
OR,
A REVIEW OF THE MEASURES OF THE ADMINISTRA¬
TION AGAINST THAT INSTITUTION AND THE
PROSPERITY OF THE COUNTRY.
"Darkness -was upon the face of the deep."
"And God said: let there he light."
KEY & RIDDLE, 23 MINOR STREET.
1834.
ADVERTISEMENT.
The following1 sheets carry with them whatever apology may be neces¬
sary for their publication. When interests, so important to the country as
a sound and uniform currency and the legitimate construction of the Con¬
stitution, are endangered, it is not less the duty, than the privilege, of the
citizen, to participate in their discussion. It seemed to the author, that a
concise account of the war on the Bank, with an inquiry into its causes
and effects, would, at this moment, be useful in determining the great
questions which Congress have remitted for decision to the people. In
preparing such a work, he has derived much assistance from the debates
in Congress; and has used, frequently with, yet often without, acknow¬
ledgment, the opinions of the principal debaters, governed by no other
motive in his extracts, than to render his own views effective.
June 23, 1834.
THE
WAR ON THE BANK.
The foreigner, who, impelled by the desire to provide for
himself and his progeny a safe and happy home, should have vis¬
ited this country in May 1833, would have found, everywhere,
abundantly, all the public and private sources of enjoyment
which the most favourable descriptions of our government, our
people, and our pursuits, might have taught him to expect. He
would have beheld " the people delighted or contented with the
apparent adjustment of some of the most fearful controversies
that had ever divided them;" the debt, which, for many years,
pressed upon the national resources, extinguished; the necessa¬
ries, and many of the luxuries of life, freed from impost, attain¬
able almost at the cost of production; our money currency, the
great instrument of successful economy, in a uniform and sound
state; the chief magistrate of the Union, lately elected by a
large majority, in condition to give to his administration the
greatest unanimity, zeal and success, and, almost to extinguish
party feuds; nature rewarding the husbandman with exuberant
crops, and trade replenishing the coffers of the merchant and the
nation; "the spindle and the shuttle, and every instrument of
mechanic industry, pursuing their busy labours with profit; and
internal improvements bringing down the remotest West to the
shores of the Atlantic, and combining and compacting the dis¬
persed inhabitants of our widely extended territory, as the
inhabitants of a single state."
Satisfied with the scenes around him, and the pleasant antici¬
pations they justified, our foreigner would have returned to the
eastern shores of the Atlantic to prepare for emigration. But
how changed the scene, when, in May IS34, he should revisit it!
The great works which were annihilating time and space are
suspended, or sluggishly prosecuted; the contractors for public
loans, and the subscribers to corporate stocks, being unable to
pay their instalments; the instruments of the mechanic are idle,
and their dispirited master, unemployed, either suffers want or
4
anticipates its horrors, whilst consuming the stores of his suc¬
cessful industry; trade, at home and abroad, is greatly dimin¬
ished; exchange, foreign and domestic, is depressed, and bills
are negotiated with much difficulty; the price of public and
corporate stocks has fallen from ten to forty per cent; and the
principal articles of domestic production are sunk in still greater
proportion, whilst real estate can be sold only at a yet greater
sacrifice; money can no longer be procured on mortgage, even
at the highest legal rate of interest, and is attainable on good
paper, only, at great usury; corporate companies, in some in¬
stances, are unable to pay the interest on their borrowed money;
the State banks, generally, without power to discount new
paper, and the Bank of the United States contracting its accom¬
modations, which heretofore, like fructifying streams, gave life
and vigor to enterprising labour; the currency of the country,
deranged and dislocated, is fast verging from a specie medium
to one of worthless paper—some of the State banks having al¬
ready declared their inability to redeem their notes with coin;
the suffering and indignant people are, everywhere, in primary
meetings, declaring their grievances, reproaching their chief
magistrate and his counsellors with abuse of delegated, and
assumption of unlawful, power, and petitioning the unyielding
Congress for instant and effectual relief.
Our astonished, but intelligent emigrant, doubting the reports
of his too faithful senses and the testimony of his understand¬
ing, asks, whether these appearances be real, or the misre¬
presentations of factious partisans, got up for effect? But,
entering the assemblies of the people, and observing the classes
of which they are composed, his doubts instantly vanish. He
sees, not some twenty or thirty party dependants, convened to
maintain, with their voices, whatever their leaders may assert,
to gain their daily bread; but thousands and tens of thousands
of merchants and manufacturers, agriculturists and artisans, who
quit not their employments for ordinary causes, nor busy them¬
selves in public concerns, unless their liberties or means of
prosperity be endangered. Assured that the appearances which
every where meet his eye are not delusive, he seeks the cause
of the extraordinary change; applying to those sages, whose
long experience in public and private affairs has well fitted them
to comprehend and unfold their most occult springs; and whose
condition and stake in the community blend their interest, in¬
separably, with the public weal.
His request for information is thus answered:
" All the distress and embarrassment which astonishes you,
is ascribable to a sudden, extraordinary and increased demand
for commercial credit. The causes which have led to this, and
which prevent its gratification, are somewhat complex, and re-
5
quire patient attention to be thoroughly understood. Our time
permits, only, that we indicate, so that you may pursue, them,
at leisure.
" 1. During a series of years of uninterrupted prosperity, the
two great classes of the commercial community, the lender and
the borrower, the capitalist and the enterprising and industrious
operator, who makes capital productive, acquired almost bound¬
less confidence in each other; the banks extended their loans to
the utmost bound of safety; the merchant and the manufacturer
employed their proper and borrowed funds in enterprizes com¬
mensurate in their extent with their pecuniary facilities, and
requiring the continued and uninterrupted ,use of the capital
invested. In this condition, any cause which required the lend¬
er to withdraw the accustomed accommodation, and particu¬
larly the recal of advances, would necessarily produce embar¬
rassment and distress among men of business, even though there
should be little overtrading; and this distress would be greater
where its cause could not be foreseen and provided for.
"2. Under the old system of collecting the duties, they did
not become payable until about the time when the importer
was paid by the consumer. Under the system resulting from
the compromise of the tariff, the importers not only collect, as
before, but in fact advance to government one-half of the whole
amount of duties on importation, which is ultimately paid by
the consumer. An additional amount of capital, therefore,
equal to that of the duties, is now required, in order to carry
on the same quantity of business, in articles on which the duties
are payable in cash, or at much shorter periods than formerly.
" 3. In New York, and, perhaps, in some other of the Atlan¬
tic cities, large amounts of stocks, principally from the south¬
west, had been purchased, mainly with a view to their sale in
the English markets. This had not, of late, answered the ex¬
pectations of the contractors; and though they may have bor¬
rowed abroad, to a considerable extent, on the credit of those
stocks, a large amount remained on hand, and absorbed a cor¬
responding portion of capital or credit.
" But the increase of credit, thus required, might, probably,
have been supplied by domestic capitalists, by loans frftm
abroad, and, particularly, by a liberal extension of the accom¬
modations of the United States Bank, had not that institution
been restrained by prudential reasons from increasing the
amount of its discounts. To the causes which imposed on the
Bank this duty, are to be ascribed the disastrous effects now
visible on the prosperity of the country.
" 4. By the act of 10th April 1816, Sec. 15, incorporating the
Bank of the United States, it is provided, that, during the con¬
tinuance of the act, and whenever required by the Secretary of
A 2
6
the Treasury, the Bank should give the necessary facilities for
transferring the public funds from place to place, and for dis¬
tributing them in payment of the public creditors, without
charge, and should perform the duties of commissioners of
loans, &c.
" By Section 16, the deposits of the money of the United
States, in places where the Bank and branches may be estab¬
lished, are to be made in the Bank or branches, unless the Se¬
cretary of the Treasury shall, at any time, otherwise order and
direct; in which case^-he is required immediately to lay before
Congress, if in session, and if not, immediately after the com¬
mencement of the next session, the reasons of such order or
direction.
" And by Section 20, in consideration of the exclusive privi¬
leges and benefits conferred by the act, the Bank agreed to pay
to the United States one million and a half of dollars.
" Six years before the charter of the Bank would expire, the
administration of the government, unprovoked, declared war
against the institution, which it has since zealously and unre-
mittedly persecuted. In the summer of 1833, threats were
uttered, by officers of the government, of withholding from it
the deposits of the public moneys, which compelled the Bank
to prepare for the attack, by limiting its business within nar¬
rower bounds than would otherwise have been necessary. On
the 1st of October the threatened stroke was stricken. The
deposits were actually withheld, by order of the Secretary of
the Treasury. At this period, however, although the amount
of the loans of the Bank had been reduced, voluntarily, and by
the ordinary course of business, in this season of the year,- about
four millions, the public had suffered no inconvenience; nor
would this small reduction have given cause of complaint. In
the Atlantic districts, especially in the city and state of New
York, portions of the Union most obnoxious to commercial dis¬
tress, the State banks had not decreased their discounts; which
were, indeed, greater on the 1st of October 1833, than in Jan¬
uary of that year. In the great West, the coming storm had
cast no shadow before it; and the echo of its thunders were un¬
heard. But great change in the equilibrium of the atmosphere
is not the more certain precursor of the tempest, than is the de¬
rangement of the currency the forerunner and the cause of
pecuniary distress.
"The hostility of the Government against the Bank, and,
more especially, its demonstration in the removal of the deposits,
created apprehensions of danger, immediately, to the Bank
itself, and remotely, to all the moneyed institutions and con¬
cerns of the country. Retrenchment at all, and rigorous en¬
forcement of its claims at some points, were presumed indis-
7
pensable to the safety of the JBank. The extent, being conjec¬
tural, was exaggerated. There was communicated everywhere
that uncertainty of the future, which impels every man to seek
provision for the coming month, as well as for the passing day.
The capitalists, more fearful, perhaps, than men of less wealth,
withdrew their funds from circulation. Men saw that the rela¬
tions between the government and the Bank were, thenceforth,
to continue hostile; that, between it and the substituted banks,
they were to be those of mistrust; and that, without a National
Bank, the stability and safety of the whole monetary system of
the country would be endangered.
" As a political measure, the attack was alarming, being made
in defiance of a solemn vote of the late Congress, at their last
session; and, as if with the intention to forestall the opinion of
that which must meet within sijjty days after the interference
was made; and as if to encroach upon its legitimate rights. It
was appalling to men of business, who rely for the success of
their operations on that stability of those of the Government,
which can only be guarantied by law, unexpectedly to discover,
that the commerce, the currency, and the moneyed institutions
of the country, its credit, and their own credit and fortunes,
were, thenceforth, to depend on the private opinions, the pre¬
sumed wisdom, and the arbitrary will of one man. Minor
causes increased the apprehensions, and restricted more and more
the use of private capital and private credit; and the alarm
became a panic, not dependent upon, or to be explained as a
matter of ordinary reason. The banks, indeed, (with some few
exceptions,) protected by the impossibility of exporting specie
without loss, have preserved their credit, and been enabled,
generally, to continue, in some measure, their usual accommo¬
dations. Private credit has been most deeply affected; and the
leading feature of the present distress is the consequent inter¬
ruption, and, in many cases, cessation, of business.
"The importers diminish, greatly, their orders and their
purchases of foreign exchange: which, for the first time for
many years, is at a discount. The intermediate wholesale mer¬
chants, fearful to contract new engagements, are anxious only
about the remittances necessary to discharge those already con¬
tracted. Those engaged in the exportation of the produce of
the country, doubtful whether they can sell the foreign bills, on
which that exportation depends, give but limited orders for it.
The country merchants and the manufacturers are no longer
permitted to draw, as formerly, in advance, on the cities for the
products of the soil or of their industry. Men, with small capi¬
tals, if at all extended, when disappointed in the remittances
they naturally expected, are crushed. New enterprizes and
engagements of every description are avoided; and in many in-
8
stances, workmen are discharged, or a reduction of wages
required. The actual evils are aggravated by general appre¬
hension; but the alarm can scarce be greater than the true state
of things justifies. In every aspect of the subject, the true and
efficient remedy consists in restoring confidence and credit,
which might be almost instantaneously effected by replacing the
Bank in the situation it had heretofore occupied, and assuring
its continuance; thus enabling it to resume its functions to their
usual extent.
" In addition to these remarks, we give you the views of Mr.
Webster, a distinguished Senator, as exhibited in his speech on
this subject:—
' The Treasury, in a very short time, has withdrawn from the Bank
8,000,000 dollars, within a fraction. This call, of course, the Bank has
been obliged to provide for, and could not provide for without more or less
inconvenience to the public. The mere withdrawing of so large a sum
from hands actually holding and using it, and the transferring of it, through
the bank collecting, and through another bank loaning it, if it can loan it,
into other hands, is itself an operation which, if conducted suddenly, must
produce considerable inconvenience. And this is all that the Secretary
seems to have anticipated. But this is not the one-hundredth part of the
whole evil. The great evil arises from the new attitude in which the
Government places itself toward the Bank. Every thing is now in a false
position. The Government, the Bank of the United States, the State
banks, are all out of place. They are deranged and separated, and jostling
against each other. Instead of amity, reliance, and mutual succour, rela¬
tions of jealousy, of distrust, of hostility even, are springing up between
these parties. All act on the defensive; each looks out for itself; and the
public interest is crushed between the upper and the nether millstone.
All this should have been foreseen. It is idle to say that these evils
might have been prevented by the Bank, if it had exerted itself to prevent
them. That is a mere matter of opinion; it may be true, or it may not;
but it was the business of those who proposed the removal of the deposits,
to ask themselves how it was probable the Bank would act, when they
should attack it, assail its credit, and allege the violation by it of its charter;
and thus compel it to take an attitude, at least, of stern defence. The
community have certainly a right to hold those answerable, who have
unnecessarily got into this quarrel with the Bank, and thereby occasioned
the evil, let the conduct of the Bank, in the course of the controversy, be
what it may.
' In my opinion, sir, the great source of the evil is the shock which the
measure has given to confidence in the commercial world. The credit of
the whole system of the currency of the country seems shaken. The
State banks have lost credit, and lost confidence. They have suffered
vastly more than the Bank of the United States itself, at which the blow
was aimed.
' The derangement of internal exchanges is one of the most disastrous
consequences of the measure. By the origin of its charter, by its unques¬
tioned solidity, by the fact that it was at home every where, and in perfect
credit every where, the Bank of the United States accomplished the inter¬
nal exchanges of the country with vast facility, and at an unprecedented
cheap rate. The State banks can never perform this equally well; they
cannot act with the same concert, the same identity of purpose. Look at
the prices current, and see the change in the value of the notes of dis-
9
tant1 banks in the great cities. Look at the depression of the stocks of the
State banks, deposit banks and all. Look at what must happen the
moment the Bank of the United States, in its process of winding up, or
to meet any other crisis, shall cease to buy domestic bills, especially in
the Southern, Southwestern, and Western markets. Can any man doubt
what will be the state of exchange when that takes place ! Or can any
one doubt its necessary effect on the price of produce! The Bank has
purchased bills to the amount of sixty millions a year, as appears by docu¬
ments heretofore laid before the Senate. A great portion of these, no doubt,
was purchased in the South and West, against shipments of the great
staples of those quarters of the country. Such is the course of trade. The
produce of the Southwest and the South is shipped to the North and the
East for sale; and those who ship it draw bills on those to whom it is
shipped; and these bills aire bought and discounted, or cashed by the
Bank. When the Bank shall cease to buy, as it must cease, consequen¬
ces cannot but be felt, much severer even than those now experienced.
This is inevitable. But, sir, I go no further into particular statements.
My opinion, I repeat, is, that the present distress is immediately occa¬
sioned, beyond all doubt, by the removal of the deposits; and that just
such consequences might have been, and ought to have been, foreseen
from that measure, as we do now perceive and feel around us.
1 Sir, I do not believe, nevertheless, that these consequences were fore¬
seen. With such foresight, the deposits, I think, would not have been
touched. The measure has operated more deeply and more widely than
was expected. We all may find proof of this, in the conversations of
every hour. No one, who seeks to acquaint himself with the opinions of
men, in and out of Congress, can doubt that, if the act were now to be
done, it would receive very little encouragement or support.'
"In the meanwhile, in this deepest depth of darkness, there
is no reason for despair. The usual channels of circulation are,
indeed, obstructed; but the products of the national industry,
though stagnant, are abundant. The actual capital of the coun¬
try still remains unimpaired, although the nominal value of
property be for a time lessened. There is no foreign pressure,
and the skill and activity of our intelligent merchants must,
after awhile, renew the broken chain of operations. The evil,
through a painful process, is gradually working its remedy:—
In proportion as no new engagements are contracted, the whole
mass is daily lessened, and we must, after a period of severe
and protracted suffering, unnecessarily inflicted, be placed in a
situation better adapted to a new order of things. These con¬
solatory anticipations are confirmed by the fact, that the eyes
of the people are opening upon their true interests; and at
their command, the chains which bind many of their repre¬
sentatives to the car of the administration, will be broken like
the cords upon the Nazarite."
Having thus explained to our inquiring emigrant, chiefly from
the pen of one of the most distinguished statesmen and able finan¬
ciers of the nation,* the causes generally assigned for the lament-
* Mr. Gallatin. Report of New York Union Committee.
10
able condition of the country, we shall leave him, whilst awaiting
better times, to trace out and illustrate, more fully, the three first
of those causes; and assume to ourselves the task of considering
in all of its many phases, the extraordinary executive measure,
" the Removal of the Deposits," which has awakened the deep¬
est feelinginthe country, not only for the preservation of its com¬
mercial prosperity, but for the maintenance of those divisions of
political power, those checks and balances, which have been es¬
tablished for the security of political liberty.
In considering this important subject, we design to treat it
with all the candour which a profound veneration for historical
truth should inspire. But we should be ashamed to pretend
that we have not formed a decided opinion upon it; because, we
hold such to be a profession of dishonourable and disgusting in¬
difference to the sufferings and danger of the country.
The executive department of the general government has de¬
clared an interminable war against the Bank of the United
States, which it does not more ardently pursue, than loudly and
energetically avow. Themotives of this extraordinary enmity
against a fiscal agent, whose great utility and correct fulfilment
of its duties have been almost universally acknowledged, are
asserted to be of a disinterested and patriotic character. How
untruly asserted, will be most obvious in the progress of our in¬
vestigation. In pursuing our purpose we propose,
I. To trace the hostility of the President against the Bank,
from its first demonstration to the removal of the deposits.
II. To examine the right of the President to direct and en¬
force the removal.
III. To consider the reasons of the Secretary of the Treasury
assigned therefor, and to show the course of the two houses of
Congress thereon.
IV. To inquire into the right claimed for the President to re¬
move at his pleasure from office, all persons whom he is em¬
powered to nominate;—a claim which has becomeamost import¬
ant feature of this remarkable case.
I. It is said, General Jackson was ever among those who
deny the constitutional right of Congress to charter a bank,
under any form; and, that, from this cause, his hostility to the
Bank of the United States originated. If this be true, it is
among the extraordinary features of his administration, that
such right has not been denied in any official document. Proper
occasions for expressing such an opinion presented themselves
in his several messages, and, especially, in his veto on the bank
bill of 1832. Yet none were used; and we may justly infer,
that no such sentiment existed, until a very late period; or that
it was suppressed for cause. Let us examine how the execu-
11
live sense has been developed; since it is important, not only
in determining the cause of executive operations against the
bank, but has become essential for their defence.
In his message to Congress of December 1829, the President
says:
"The charter of the Bank of the United States expires in 1836, and its
stockholders will, most probably, apply for a renewal of their privileges.
In order to avoid the evils resulting from precipitancy, in a measure involv¬
ing such important principles, and such deep pecuniary interests, I feel, that
I cannot, iii justice to the parties interested, too soon present it to the delib¬
erate consideration of the legislature and the people. Both the consti¬
tutionality and the expediency of the law, creating this Bank, are well
questioned, by a large portion of our fellow-citizens; and it must be ad¬
mitted, by all, that it has failed in the great end of establishing a uniform
and sound currency."
In this, there is no committal upon the question of constitu¬
tionality; and in a subsequent passage, it is submitted "whether
a National Bank, founded on the credit of the Government and
its resources, might not be devised?"
In the message of 1830, speaking of the Bank, he observes:
" Nothing has occurred to lessen, in any degree, the danger which many
of our citizens apprehend from that institution, as at present organized. In
the spirit of improvement and compromise which distinguishes our coun¬
try and its institutions, it becomes us to inquire, whether it be not possible,
to secure the advantages afforded by the present Bank, through the agency
of a Bank of the United States, so modified in its principles and structure,
as to obviate constitutional and other objections."
The subject is very briefly treated in 1831, after the follow¬
ing manner:
" Entertaining the opinions heretofore expressed in relation to the Bank
of the United States, as at present organized, I felt it my duty, in my
former messages, frankly to disclose them."
The veto message of July 1832, declares:
"A Bank of the United States is, in many respects, convenient for the
government and useful for the people. Entertaining this opinion, and
deeply impressed with the belief, that some of the powers and privileges
possessed by the existing Bank are unauthorized by the constitution, sub¬
versive of the rights of the States, and dangerous to the liberties of the
people, I felt it my duty, at an early period of my administration, to
call the attention of Congress to the practicability of organizing an insti¬
tution, combining all its advantages and obviating these objections. I sin¬
cerely regret, that, in the act before me, I can perceive, none of those
modifications of the Bank charter, which are necessary, in my opinion, to
make it compatible with justice, with sound policy, or with the constitution of
the country.'''' " That a Bank of the United States, competent to all
the duties which may be required by the government, might be so organ¬
ized, as not to infringe on our own delegated powers or the reserved rights
of the States, I do not entertain a doubt. Had the Executive been called
upon to furnish the project of such an institution, the duty would have been
cheerfully performed.''''
12
Even so late as July 1833, it is apparent, from the commu¬
nications of Mr. Duane, that the President's hostility to the
Bank was not founded on constitutional scruples; for, when the
Secretary introduced, into the instructions of his agent, a decla¬
ration that the President was opposed to any national bcink,
he modified this, so as to announce opposition only to an insti¬
tution, organized on the principles of the existing Bank.
We have nothing, therefore, official, to warrant the conclu¬
sion, that the President would not unite in chartering the Bank,
with suitable modifications; nothing to show that determina¬
tion so frequently and fiercely uttered since the removal of
-the deposits, "never to recharter the United States Bank,
or sign a charter for any other bank." Accordingly, in
the canvass which ensued the Veto, the partisans of the Presi¬
dent used his reserve for the purpose for which it was designed;
and boldly asserted, wherever such assertion would be service¬
able, that he was not opposed to the Bank with proper amend¬
ments, and that his objections would be removed, and the Bank
sustained, in the event of his re-election.
Constitutional principles, then, have not caused the President
to resist the* wishes of the people for the continuance of an in¬
stitution, which, next to the enjoyment of civil and religious
liberty, has contributed most to their welfare. We have seen
him, upon questions of mere expediency, array himself against
the councils of the nation, and exercise the most exceptionable
power of the constitution, the veto, as if it were a hereditary
right, from a regal ancestor. We have seen him, the chief
executive officer, whose voice in legislation should, on sound
political principles, be heard, only, in extreme cases, and when
the power delegated to the Executive by the constitution is as-
assailed—we have seen him pervert that power to defeat the
wishes of the people, distinctly expressed through their imme¬
diate representatives. Is there an intelligible motive which
can be assigned for this extraordinary conduct? We think
there is, and shall endeavour to explain it.
The country passed through the first cycle of its existence
by a conservative impulse which has now ceased to operate.
The parties which grew out of the revolution, and the events
succeeding it, were formed upon certain political principles,
which, like religious dogmas, became subjects of supreme ven¬
eration. The leaders were estimated only as they were faith¬
ful and zealous apostles - of these principles. For the high
offices of the nation, the revolution had supplied candidates,
who, already rich in fame, would not risk that wealth in experi¬
ment. They had no inducement to assume forbidden powers
for the gratification of themselves or their partisans. The men
and the parties of our early national history have passed from
13
the scene. Party principles growing from the revolution and
its consequences have been amalgamated by the success of our
political system; and have been succeeded by a new spring
of political action, more exclusively selfish. Jacksopism is
neither federalism nor democracy. It has, indeed, relation to
political principles of no kind; being a system of peculiar and
unmixed selfishness—the leaders of the party grasping, by any
means, every species of power, and their dependants yielding,
for reward, the most abject service.
There is in military fame an attraction which has ever proven
irresistible with the mass of mankind, from fear, from grati¬
tude, from sympathy with energetic power, or from a combina¬
tion of all these causes. It is an indispensable, a necessary evil
of the social system, requiring perpetual vigilance to repress
it. It is the besetting danger of republics; the open or insidi¬
ous, but ever active, enemy of political and civil liberty. The
military chieftain, when able and ambitious, is ever ready to use
its influence for forbidden ends; and if he want talent or dis¬
position for self-aggrandizement, he becomes the instrument of
others.
In General Jackson, there is no want of ambition, whatever
there may be of ability. That he is the tool of others, every
passing day brings new and indubitable evidence; and thus, the
nation is subjected to the action of two powerful causes of evil.
The nomination of General Jackson for the presidency may
have been prompted by grateful recollection of his services.
But his election is ascribable to other causes—to the combina¬
tion of aspiring politicians, who made his elevation the means
of their own. Qualification for the office was wholly uncon¬
sidered. The honours and emoluments of office, had from the
election of Mr. Jefferson flowed in a steady unperturbed stream,
in a channel which excluded a large portion of the enterprising
and ambitious spirits, even of the reigning party, and the whole
of the remnant and progeny of federalism, as effectually, as if
they were legitimately proscribed. To participate in office, it
was requisite to overthrow the reigning dynasty, to break the
line of succession. To this end, a combination was formed
between all the Outs and such of the Ins as feared to lose, or
hoped to gain, by the change. General Jackson became the
leader of the combined forces, whose banner, with the broad le¬
gend of " Booty," was flung to the breeze, and whose war cry,
the "Spoils of Victorywas shouted, not only in our cities,
but in the remotest and almost uninhabited forest glens. The
battle was won; and the principles on which it was fought were
proclaimed by the President, in his first annual message, an¬
nouncing " rotation in office" as a cardinal rule of his administra-
B
14
tion. This put, at once, every official incumbent and every
official aspirant, in manacles at his feet.
Every political society is divisible into two great classes, the
speculative and the practical,—that which indicates the way,
and that which provides the means, of progression. The first,
like the superincumbent wave of the ocean, forming an incon¬
siderable portion of the mass of moving waters, is ever visible,
and is swollen and stirred into foam and spray by every gale
that blows. The second, like the great depths of the sea, is
moved only by powerful causes, but when urged by the hurri¬
cane or earthquake, is irresistible. The first class, in the calms of
state, usurps the functions of the whole body politic, and rules
the nation. It is the proper province of party, and is that for
which, on ordinary occasions, political gamesters play. The
second comes into voluntary action, only, when the deepest in¬
terests of social life are at stake; and then, the first is made the
servant of its will. It is the first class in which Jacksonism is
triumphant. The force of the second is about to be felt.
The immense power lodged in the executive of the United
States was almost unknown. It had been used for the public
interest only; and its capacity for evil, for party rule, was not
dreaded. It remained for General Jackson to reveal its dangers,
and, happily, to awaken the intelligence of the countoy against
them. Hitherto, the fifty thousand executive appointees were
deemed by themselves and the public, to be the servants of the
people; but they are now claimed, and, in truth, are the servants
of the President; responsible to him, in thought and deed, and
removable, not for malversation in office, only, but, also, because
they "may not fulfil the duties imposed by party discipline.
We have, thus, attained the worst stage of party feuds, in which
every thing is dependant on the will of party leaders. The
personal parties of Marius and Sylla, of Caesar and Pompey, are
rising among us. Office and political distinction are attainable,
only, by subservience, from which conscious integrity shrinks;
and the incumbent can preserve his place, only, whilst oblivious
of the public weal. The worst evils which flowed from the
corruption of the ancient republics of Greece and Rome would
soon follow, were it not, that the mass of the people, which seeks
in government, only, the general happiness, is in action to se¬
cure it.
It is to maintain a party system such as we have described,
that the President, already endowed with the armed power of
the nation, has sought, and is seeking, the unrestrained control
of the public treasure. For this purpose, the prostitution of the
Bank of the United States to the unhallowed desires of party,
was solicited, and from this cause has its resistance been followed
15
by persecution. Hence, too, the project of a national bank,
founded on the credit of the government, and its revenues—of
that institution which the executive \yould have furnished, had
he been, primarily, called upon to legislate for the people.
Had the Bank of the United States been a subservient politi¬
cal instrument, as the design was to make it, it might have been
the cherished of the party. iThe attempt, thus, to degrade it was
duly and seasonably made, and we proceed to give its history.
Soon after the election of General Jackson "a meeting
was held in Washington of the principal chiefs of the party,
to consider the means of perpetuating their new authority; and
the possession of the Bank was among the most prominent ob¬
jects of the assembly. The first open manifestation of their
purpose was in,June 1829, when a concerted effort was made,
by the executive officers, to interfere in the election of the board
of directors at Portsmouth. Mr. Woodbury, the present Sec¬
retary at War, most conspicuous in this attempt, did not hesitate
to avow, in a letter to the Secretary of the Treasury, which,
though marked " confidential" was published by the Committee
of Investigation, in 1832, that he wished the interference of the
Government to remove the president of the Branch at Ports¬
mouth, alleging that he (the president), "was a particular
friend of Mr. Webster and his political character, doubtless,
well known to the Secretary;" and requesting the last to com¬
municate with some of the directors of the Mother Bank, in fa¬
vour of such a change.
This letter was transmitted to the Bank by the Secretary, who
observed, that "from some expressions in the letter, it may be in¬
ferred, that it is partly founded on a supposed application of the
influence of the Bank with a view to political effect;" in conse¬
quence of which, he deemed it his duty to present it to the Bank,
" with the views of the administration in relation to it." At the
same time, Mr. Hill^ then unconfirmed comptroller of the Trea¬
sury, and now a senator of the United States, sent a memorial
from the members of his political party in the legislature of New
Hampshire, requesting the removal of Mr. Mason; and by an¬
other missive gave his opinion to the Bank, that no measure
short of Mr. Mason's removal " would reconcile the people of
New Hampshire to the Bank," and that "the friends of Gen¬
eral Jackson, in New Hampshire, had but too much reason to
complain of the management at Portsmouth." Finally, the
Secretary at War ordered the transfer of the pension fund from
the Branch Bank at Portsmouth to another bank in Concord—
an act, so obviously in violation of the laws, that being resisted
by the Bank, it was retracted by the Secretary.
The Bank, upon these extraordinary instances, deemed it ne¬
cessary to extinguish, for ever, every hope of converting it into
16
a party engine. To this end, the President of the institution
addressed the following, among other remarks, to the Secretary
of the Treasury,
" Presuming that we have rightly apprehended your views,
and fearful that the silence of the Bank might be hereafter
misconstrued into acquiescence with them, I deem it my duty to
state to you, in a manner perfectly respectful to your official and
personal character, yet so clear, as to leave no possibility of mis¬
conception, that the Board of Directors of the Bank of the
United States, and the Board of Directors of the Branches of
the Bank of the United States, acknowledge not the slightest
responsibility of a^ny description, whatsoever, to the Secretary
of the Treasury, touching the political conduct of their officers
—that being a subject on which they never consult, and never
desire to know the views of any administration.*' " Their res¬
ponsibility-is to Congress, and to Congress alone: no executive,
officer, from the President of the United States downwards,
has the slightest authority to interfere in it; and there can be
no more warrant for suggesting the views of the administration
to the Bank of the United States, than to the Supreme Court of
the United States." "For the Bank, which has specific duties
to perform, and which belongs to the country, and not to any
party, there is but one course of honour or of safety. When¬
ever its duties come in conflict with the spirit of party, it should
not compromise with it, nor capitulate with it, but resist it;
resist it openly and fearlessly. In this, its interest concurs with
its duty, as, it will be found, at last, such is the good sense of
the country, that the best mode of satisfying all parties, is to
disregard them all." From this manly, independent and ra¬
tional expostulation, two important deductions are to be drawn.
1st. That whatever powers the Bank may possess, whether for
good or for evil, there is no disposition to pervert them to the
latter purpose: and, 2d. That, the Bank, however erroneously,
a contrary policy may have been ascribed to it, has no interest
whatever, in blending its concerns with those of political parti¬
sans.
When we observe, that the conduct of the President of the
U. States towards the Bank has not been directed by an earnest
and irrepressible zeal for the integrity of the constitution—that
he has adopted, as governing principles of his administration,
the maxims—that " rotation in office gives healthful action to
the political system;" that "public offices are the Spoils of
victory,' to be divided among the conquerors in party combat;"
and that, " it is sound political morality to reward friends by
appointment to, and punish enemies by removal from, office,"
we may readily believe, that the power and wealth of the Bank
would be sought, by one professing such principles, as parts of
17
the spoils of victory, in order to sustain the views and ascend¬
ency of the party; and, that failing to bend the institution to
his views, the Executive would resolve to break it.
And yet the President has ventured to say, in his protest, to
the Senate, " If I had been ambitious, I should have sought alli¬
ance with that powerful institution, which even now aspires to
divided empire." Seek an alliance to gratify his ambition!
Has he not done it? Has he not attempted, through one of the
humblest of his instruments, to compel the obedience of that
institution? Has not another of his agents (Mr. Kendall) since
boasted, that he would bring the institution as a reptile to the
feet of the Executive? If the alliance, he means, be that which
would render the Bank subservient to the Executive, a submis¬
sive instrument in his hands, he did, in fact, seek that alliance,
which the Bank indignantly rejected. The President adds, too,
" If I had been venal, I should have sold myself to its designs."
A President of the United States make a merit of not having
sold himself for money! We will not, ourselves, do the Presi¬
dent so much wrongs as to state, even hypothetically, the possi¬
bility that he would have bartered his large honours for trash;
but, we are bound, injustice to the Bank, to say, that he never
had occasion to pray against the temptation.
But, again, we say, that .the incorruptibility of the Bank is
the cause of the war against her. War to the knife. And one,
in which the assailing party is more reckless of consequences,
cannot be found in the political history of the world. The
cause assigned by the Bank being the true one, the motives of
the Executive find a parallel in the vengeance of every tyrant
for resistance to his will; in the desire of every demagogue to
grasp and secure power. If the cause, now, assigned by the
Executive be credited, the war was commenced and is waged
merely, for the sake of abstract opinion. For, when the country,
in 1829, was startled from its conditioji of peaceful and unsur¬
passed prosperity, by the threatening voice of the President, the
Bank had committed none of the supposed sins which are now
assigned as causes for the most deadly blows against it.
It had scrupulously fulfilled all the objects of its creation;
had raised the currency from a deranged and unsound state to
one of uniformity and purity, unequalled by that of any coun¬
try of the same geographical extent; had performed all its
duties to the government—transmitting the public moneys from
one point of the Union to another, when desired, promptly and
without charge—serving its financial operations as no govern¬
ment was ever before served—collecting and disbursing in the
space of thirteen years more than three hundred and fifty mil¬
lions of dollars, without the loss of a single cent—reducing
the exchange on the most distant commercial operations to a
b 2
18
charge scarce more than nominal;—and, in a word, spreading
around it, all the blessings, which security and judicious assist¬
ance could give, to the government and the people. All which
was acknowledged, and gratefully proclaimed, by every officer
connected with our fiscal concerns, and by the millions of citi¬
zens rendered happy in a prosperous commerce; and all which
it was proposed by the Executive to jeopard, for the mainte¬
nance of an abstract opinion, which had been repudiated, for
years, by a large majority of the people. Can men who would,
thus, sacrifice the substantial realities of life to speculative no¬
tions, be qualified to guide the destinies of a nation? Or can it
be believed that such notions are the true motives of any states¬
man?
It is unquestionable, that party leaders did attempt to use
the Bank for their purposes, and that the attempt was promptly
and effectually repelled; that, these leaders have the confidence
of the President; and that his feelings have been so artfully
wrought upon, that the destruction of the Bank has become his
ruling passion. This adversary position of the Bank and the
Executive, could the Bank be preserved in all its usefulness,
would be no cause of apprehension to the country. Mr. M'Duffie
has, we think, placed this matter in its true light.
" If I were to decide," said he, (in his nervous speech on the
removal of the deposits, Dec. 19, 1833) "upon principle, what
should be the course of a National Bank, in regard to the
politics of the country, I should say, that it is desirable, that
the present, and all future banks of a similar kind, should be,
habitually, opposed to the Executive Government. It would
be an admirable balance in our system, and would tend to
check the fearful tendency of Executive encroachment. We
have nothing to fear from that operation. The real danger lies
in an opposite direction. It is, that the President should con¬
vert the Bank into a mere instrument of his will, and should
wield its power, which has been represented as so tremendous,
in addition to the still more tremendous power which he de¬
rives from the patronage of such a Government, and that over¬
whelming tide of popularity, which will generally follow the
man who distributes that patronage." We add, if the tenure
of office depend wholly upon submission to every measure of
the Executive, would not bank accommodations be subject
to the same condition ? And who doubts that such is the
tenure of office, " that no man can, now, breathe the air that
surrounds the palace, who does not think, precisely, as the
President thinks, and who will not consent to be docked or
stretched, until he fits the bed of Procrustes, and his political
opinions are brought to the true Executive dimensions? Upon
this principle, officers have been discarded and offices filled;
19
and this is the promised reform." "Who, now, doubts, that if
the local banks shall continue the depositaries of the public
revenue, it will not be a matter of political bargaining, between
them and the Executive, in order to insure the election of the
candidate of the party, and that the political and moneyed
power of the country will be concentrated in the same place
and in the same hands?" "All these banks (the result is in¬
evitable) will be actuated by the same political spirit, governed
by the same influence and wielded by one man. Not only the
twenty millions of public revenue, but a hundred millions of
bank capital will be thus wielded for political purposes, to the
corruption of public morals and the subversion of the public
liberty."
The war of the Executive against the Bank of the United
States began with the President's Message to Congress, in De¬
cember 1829; some few days, or weeks, after the Bank had re¬
pelled the attempt to make her a party agent. The agitation of
the country was then commenced by the distinct assertion, that
the constitutionality and expediency of the Bank were ques¬
tioned by a large portion of our fellow-citizens, and, that all
men admitted that it had failed in the great end of establish¬
ing a uniform and sound currency.
The spirit that was to guide the war was obvious from the co¬
lour of these assertions. If a prejudice against the Bank, original¬
ly, caused by the dread of constructive extension of constitutional
power; still lingered in some portions of the country, there was
not a spot, from the busy scenes of the seaboard, to the almost
uninhabited desert of the far West, in which its expediency was
not admitted; in which, it was not apparent, that a uniform and
sound currency had been established. One, only, attempt has
been made, that we have seen, to support this last misrepresen¬
tation. Mr. Benton has declared in his place of the Senate, that
"from the year 1818 to 1827, the Bank had issued no currency,
at all, in the South and West; all ita branches in those sections
of the Union were shut up for eight years, nearly, preceding
the Message. The branch drafts which have since been put
out, in imitation of branch notes, only, began to issue, and that,
in small quantities, by way of feeling the public pulse in 1827."
What, it will naturally be asked, upon this declaration, was the
circulation of the notes which these drafts supplied, and what
were these drafts, which were abundant in 1829, but the cur¬
rency, the uniform currency, of the country? And sound cur¬
rency, too, except, as Mr. Benton further urged, the drafts, like
the notes and other negotiable instruments, were liable to be
counterfeited. In truth, so absolutely were the uniformity and
soundness of the currency established in 1829, that no one of
sound discretion has ventured to question them.
20
The Committee of Ways and Means, of 1829, Mr. M'Duffie
chairman, to whom was referred so much of the President's Mes¬
sage as related to the Bank, declared themselves " constrained
to express their respectful but decided dissent from his assertion
that the Bank had failed to establish a uniform and sound cur¬
rency, and that in this respect it had been productive of results
more salutary than were anticipated by the most sanguine ad¬
vocates of the policy of establishing it. It has actually fur¬
nished a circulating medium more uniform than specie;
giving drafts, commanding specie at any point of the Union, at
a per centage greatly less than it would cost to transport specie,
and in many instances, at par." "When," add the Committee,
"it is, moreover, considered, that, the Bank performs with the
most scrupulous punctuality, the stipulation to transfer the funds
of the government to any point, where they may be wanted,
free of expense, it must be apparent, that the Committee are
correct, to the very letter, in stating that the Bank has fur¬
nished, both to the government and the people, a currency of
absolute uniform value, in all places, for all the purposes
of paying the public contributions, and disbursing the pub¬
lic revenue. And when it is recollected, that the government
annually collects and disburses more than twenty-three mil¬
lions of dollars, those who are at all familiar with the subject,
will, at once, perceive, that bills, which are of absolutely uni¬
form value, for this vast operation, must be very nearly so, for
all the purposes of general commerce."
The stability and uniformity of the currency is so important
a result of the Bank, being the great object of the government
in chartering it, and so indispensable to the uniformity and equa¬
lity of taxation, and the security and fapility of business, that we
proceed to establish it by yet further testimony.
The Committee of the Senate, on Finance, to which was re¬
ferred a resolution of the 30th December, 1829, directing the
Committee to inquire into the expediency of establishing an
uniform national currency, reported among other things,
" That the government had, for ten years preceding the first of January,
1830, received from 9000 agents, $230,068,855 17. This sum has been
collected in every section of this widely extended country. It has been
disbursed at other points, many thousand miles distant from the places
where it was collected; and yet, it has been so collected and distributed
without the loss, so far as the committee can learn, of a single dollar, and
without the expense of a single dollar to the government. • That a currency
by which the government has been enabled to collect and transfer such an
amount of revenue to pay its army and navy, and all its expenses and the
national debt, is unsafe and unsound, cannot readily be believed; for there
can be no surer test of its sufficiency, than the simple fact, that every dol¬
lar received in the form of a bank note, in the remotest parts of the interior,
is without charge converted into a silver dollar, at every one of the vast
number of places where the service of the government requires its dis-
21
bursement. The Secretary of the Treasury, in his report of the 6th De¬
cember, 1828, declares, that, during the four years preceding, the receipts of
the government" had amounted to more than ninety-seven millions of dol¬
lars, and that all the payments had been punctually met, and that it is the
preservation of a good currency that can alone impart stability to property,
and prevent those fluctuations in its value, hurtful alike to individuals and
the nation. This advantage the Bank has secured to the community."
In the meantime let it be observed, that this declaration of the
Secretary was made one year before the declaration of the Pre¬
sident, that the Bank had failed to establish a sound and uniform
currency.
After exhibiting and commenting upon the low rates to which
the Bank had reduced exchange, the committee proceed:
" This seems to present a state of currency approaching as near to per¬
fection as could be desired; for here is a currency, issued at twenty-four
different parts of the Union, obtainable by any citizen who has money or
credit. When in his possession, it is equivalent to silver, in all his deal¬
ings, with all the 9000 agents of the government, throughout the Union.
In all his dealings with the' interior, it is better than silver; in all his
dealings in the commercial cities, equal to silver; and if, for any purpose,
he desires the silver with which he bought it, it is at his disposal, almost
universally, without any diminution, and never more than a diminution of
one quarter of one per cent. It is not easy to imagine, it is scarcely
necessary to desire, any currency better than this."
These reports, approved by the most august bodies of the
United States, to whom the subject peculiarly belonged, and
was confided, by the Constitution, were entitled to the respect
of the President, as the sincere sentiments of men distinguished
by their zeal in support of his election, but, more on account
of their truth. But, he has wholly disregarded them; opposing
his own judgment, unenlightened by experience or study, to
the voice of practical wisdom, speaking in the most concilia¬
tory tones. •
We will add to this evidence, the testimony of Mr. Calhoun,
whose agency in the establishment of the Bank, and uninter¬
rupted connection with'the government of the country for many
years, render it highly important.
" But, while I shall not condescend to notice the charges of the Secretary
against the Bank, beyond the extent which I have stated, a sense of duty
to the institution, and regard to the part which I took in its creation, com¬
pels me to notice two allegations against it, which have fallen from another
quarter. It is said, that the Bank had no agency, or at least efficient agency,
in the restoration of specie payment in 1817, and that it had failed to fur¬
nish the country with a uniform and sound currency, as had been promised
at its creation. Both of these allegations I pronounce to be without just
foundation. To enter into a minute examination of them, would carry me
too far from the subject, and I must content myself with saying, that having
been on the political stage, without interruption, from that day to this—
having been an attentive observer of the question of the currency through¬
out the whole period—that the Bank has been an indispensable agent in
22
the restoration of specie payments; that, without it, the restoration could
not have been effected short of the utter prostration of all the moneyed insti¬
tutions of the country, and an entire depreciation of Bank paper; and that,
it has not only restored specie payment, but has given a currency far more
uniform, between the extremes of the country, than was anticipated or
even dreamed of, at the time of its creation. I will say for myself, that I
did not believe, at that time, that the exchange between the Atlantic and
the West would be brought lower than two and a half per cent—the esti¬
mated expense, then, including insurance and loss of time, of transporting
specie between the two points. How much it was below the anticipated
point, I need not state; the whole commercial world knows, that it was not
a fourth part, at the time of the removal of the deposits."
But, there is another branch of the message of 1829, relating
to this subject, which, taken in connection with subsequent
events, is of the highest importance. It is observable, already,
that the destruction of the Bank is not the sole passion of
the President's mind. Another, equally strong, is intimately
blended with it, and is the true cause of the first. It is the
establishment of a national bank, wholly dependant upon the
government. The project is, now, for the first time, presented,
wild and undigested, to be moulded upon "the credit of the
government and its revenues;" but it is never again lost sight
of. The Committee of Ways and Means instantly seized the
cub, and showed that, into whatever form it might be licked,
it would be a monster too hideous for sight. Apprehending at
once the design of the Executive, they observe, that,
" Deeply impressed with the conviction that the weak point of a free
government is the absorbing tendency of executive patronage, and sincerely
believing that the proposed Bank would invest that branch of the govern¬
ment with a weight of moneyed influence, more dangerous in its character,
and more powerful in its operation, than the entire mass of its present
patronage, the Committee have felt, that they were, imperiously, called upon,
by the highest considerations of public duty, to express the views they
have presented, with a frankness and freedom demanded by the occasion."
This first attack upon the Bank and the nation was repelled
at every point. The Committee of Ways and Means distinctly
put, and ably maintained, the following propositions: 1. That
Congress had the constitutional power to incorporate a bank,
such as that, of the United States. 2. That it is expedient to
establish and maintain such an institution. And, 3. That it is
inexpedient to establish a National Bank, founded upon the
credit of the government and its revenues.
Thus rebuked and instructed, a decent respect for the legisla¬
ture required, that the President should have left the subject
to them and the people, until he was called to act upon it, offi¬
cially, by the presentation of a bill for his approval. If, then,
constitutional scruples prevailed to its rejection, however the
veto might be regretted, it could not be condemned. But this,
the only proper course, did not quadrate with the views of the
23
party. The nation, if suffered to discuss it, solely, as a ques¬
tion of policy, would, it was to be feared, recognise and pursue
its true interests, and, in due season, recharter the Bank, and
thus mar, forever, the design upon the Treasury. An appeal,
therefore, was to be made from the councils of the nation to the
Jackson party, whose energy was to be roused by incessant
agitation. It was with this view, and certainly, with no hope
of legislative action, that the President, in December, 1830,
brought the Bank question again before the same Congress. With
an invitation to reconsider the subject, he submitted, in a more
specific form, the condemned project of a Treasury Bank; by
which, at once claiming, as now, the right of the Treasury to
dispose of the public deposits, an influence over the whole mo¬
netary power of the Union might be acquired. The evils
of such an institution have been adverted to by Mr. Gallatin,
and abundantly displayed in the congressional speeches on the
removal of the deposits. As was to be expected, the Commit¬
tee of Ways and Means, to whom that portion of the President's
message was referred, gave no further attention to the subject.
On the convention of a new Congress in 1831, the President,
in the concise manner we have already noticed, repeated his
invitation; and, at the same session, the Bank applied for the re¬
newal of its charter. This act of the Bank, to which it was
stimulated by the course of the Executive for three successive
years, has been denounced as premature, and as originating,
solely, in hostility to the President.
" There are strong reasons," says that officer in his commu¬
nication to his cabinet, 18th September, 1833, "for believing, that
the motive of the Bank, in asking for a recharter, at that session
of Congress, was to make it a leading question in the election
of a President of the United States, the ensuing November."
What was the motive of the President for calling the attention
of Congress so repeatedly to the charter? Was it the design
to make it a political question? If so, surely the Bank was at
liberty to seek the arena in which the question must be debated.
Were the President's views to obtain a decision of Congress
against the charter, six years before it would expire? If so,
surely, there was no impropriety in the Bank in submitting the
question to Congress, in a form that could not be evaded, only
four years before the expiration of the charter. The reasons
which could render it proper and expedient for the President,
-on the part of the nation, to obtain an early decision upon this
momentous subject, were equally operative upon the Bank,
when acting for itself and for the country.
Charges had been raised against the propriety of the con¬
duct of the Bank, into which the moment, when it asked
a renewal of its charter, was the proper one for inquiry. A
24
Committee of Investigation, clothed with ample powers, was
appointed; which, after a very full examination, divided in opin¬
ion; and three reports were made of their proceedings—-one
by a majority, another by a minority, of the Committee, and a
third by an individual member, Mr. Adams. The effect of
these proceedings is sufficiently apparent, in the passage of a
bill, from the Senate, rechartering the Bank, by a vote of 107 to
85, in the House of Representatives. This bill, as we have seen,
was rejected by the President upon the ground of the unconsti¬
tutionality and inexpediency of its provisions, but not on the
ground, that Congress could not, constitutionally, charter a Bank
of the United States.
Although the floodgates of party violence had been opened
upon the Bank, in its corporate capacity, and upon its president
and directors, individually, and all its acts had been grossly mis¬
represented by the members of the party in Congress, by its thou¬
sand presses, and by its orators in the primary meetings of .the
people, General Jackson, with self-respect, and respect for his
station, had, hitherto, refrained from committing himself upon
any definite charge of misconduct against the institution. But,
the contest, which he had provoked, had but given triumph to
the Bank. So far as the voice of the nation could be legiti¬
mately known, it was in favour of the Bank. Some more
direct measure of hostility became necessary, and as vague
charges of unconstitutionality and mismanagement had not ren¬
dered the people adverse to the institution, it was boldly and
rashly resolved, by the administration, to create doubts of its in¬
solvency. In his message to Congress of the 3d of December,
1832, after the arrangement made by the Bank, in relation to
the payment of the three per cents, (which we shall have occa¬
sion to consider hereafter) the President observes,
" Such measures as are within the reach of the Secretary of the Treasury
have been taken, to enable him to judge, whether the public deposits in
that institution maybe regarded as entirely safe. But, as his limited power
may prove inadequate to this object, I recommend the subject to the atten¬
tion of Congress, under the firm belief, that it is worthy of their serious
investigation. An inquiry into the transactions of that institution, embrac¬
ing the branches, as well as the principal Bank, seems called for, by the
credit which is given throughout the country to many serious charges,
impeaching its character, and which, if true, may justly excite the appre¬
hension that it is no longer a safe depository of the money of the people."
And the Secretary of the Treasury, Mr. M'Lane, (it is ne¬
cessary now, from the frequent changes in this office, to
give the name of the officer, to avoid confusion) by a para¬
graph, in his annual report, which he can never cease to regret
whilst he continues to live, gave colour to this accusation of
insolvency.
25
"It is apparent," he says, "however, that the apprehensions arising
out of the arrangements," relative to the three per cents, " not less than
the great amount of the Bank's transactions, especially, in its western
branches, together with other matters connected with its dealings, which
have occupied the attention of one branch of the legislature since the
last annual report from this department, have tended to disturb the public
confidence in the management of the institution; and these, taken in con¬
nection with the necessary arrangements in anticipation of finally closing
its business, have suggested an inquiry into the security of the Bank as
the depositary of the public funds."
Supposing that there were grounds for these doubts, pru¬
dence, and an ordinary and honest regard for the rights and re¬
putation of others, should have restrained their publication to
the world, until actual inquiry had confirmed them. Had a
responsible individual in private life thus attacked the com¬
mercial existence of an established house, whose credit was un¬
impeachable, the merchants upon change would have withered
the calumniator with their abiding scorn, whilst the courts of
justice would have taught him discretion, at the cost of half his
substance. And are the laws of morality less obligatory on the
functionaries of the nation? Granting it to have been possible,
that these doubts did exist in the minds of the President and
Secretary, it is certain, that they had instituted inquiry, and that
a few hours delay would have brought to them the result of the
investigation. What was the condition of the Bank at the mo¬
ment these official communications were signed, according
to the report of the agent? " The liabilities of the Bank
amounted to $37,296,950 20, and the fund to meet them to
$79,593,870 97, showing an excess of $42,296,920 77"!!!
Strong as the Bank is, its stock could not stand this shock
unimpaired. It fell six per cent in the market; the public
treasury and private fortunes suffering this diminution, by the
wanton enmity of the executive officers. What other bank
in the world could have withstood such an assault, with so little
injury? If in England or France, such a blow had been stricken
by the government, against the National Bank, it would have
gone down like the unarmed peasant before the glaive of the
mailed warrior. But, Congress upon this, as upon all previous
occasions, did not fail to do justice to the Bank; and we could
not frame a more severe reproof of the calumny against her,
than the vote of the House, 109 to 46, declaring "that the go¬
vernment deposits may, in the opinion of the House, be safely
continued in the Bank of the United States."
Whatever may have been the professed object of the admin¬
istration, when it suggested the insolvency of the Bank, it is
now certain, that it was to obtain immediate possession of the
deposits. Had the audacity of the Executive been, then, wound
up to the pitch it has since attained, it would not have required
C
26
the opinion of Congress to establish the contingency, on which,
alone, the Secretary of the Treasury would be justified in re¬
moving the treasure of the nation from the custody of the
Bank. The vote, therefore, was an utter discomfiture, and we
may not be surprised, knowing the ardent temperament of the
individual, that the President should declare, " that unless the
Bank was broken down, it would break us down; that if the
last Congress had remained a week longer in session, two-thirds
would have been secured for the Bank by corrupt means, and
that the like result might be apprehended at the next Congress.''
The country, however, thank heaven! is saved from the stigma
of shame, for her representatives, by the circumstances under
which this additional calumny was uttered.
It is not to be doubted, that the same policy which induced
the President to conceal his opinions on the constitutionality of
a National Bank, deterred him, for a season, from removing the
public treasure from the Bank of the United States into deposi¬
tories under his own control. The assurance of his re-election
was the motive in both cases; and that no longer operating, he
resolved to remove the deposits under any colourable pretence,
which the imagination might suggest. All parties had, until
this time, admitted, that the power of the Secretary over the
deposits could be exercised, only, in two cases; a danger of
loss, or a non-performance of the engagements of the Bank
with the government. A higher ground was now assumed,
which overlooked all considerations of contract, all legislative
provision for the security of the revenues, and gave to the Se¬
cretary the absolute possession of the funds, whenever in his
opinion the "general interest and convenience of the people
required it." This resolution had been adopted at the mo¬
ment that the determination of Congress against the measure
was known. With a hardihood, of which modern times has
no parallel, in any civilized government, the President op¬
posed his will to that of the representatives of the people.
Truly has it been said, repeatedly, upon the floor of Congress,
that such a stretch of absolute power in England or France,
would have cost the monarch his head. Happily, in this coun¬
try, the people have other, and more effectual, modes of redress¬
ing their wrongs.
It is well known to the country, that from the time of Wash¬
ington, the heads of the executive departments, that is, of the
departments of State, Treasury, War and Navy, with the At¬
torney-General, and latterly, the Postmaster-General, form a
cabinet council, whose members the President consults, either
singly or together; having the benefit of their wisdom and in¬
formation to guide his course. By the constitution, he may re¬
quire their opinion in writing, and so uniform has been the
27
practice of advising with them, that, although the Presi¬
dent is under no legal or constitutional obligation to consult
them, an opinion has become general, that they form, and they
are frequently called, his constitutional advisers; and the case
was always deemed an extraordinary one, in which the opin¬
ion of a majority did not prevail. Their situations rendered
them responsible to their country; and their influence was,
therefore, the safest which could be exercised over the chief
magistrate. General Jackson, it is said, with truth, which is
apparent from the evidence we are about to adduce, has sub¬
jected himself to the influence of advisers of another and less re¬
sponsible class; \^ho, from their residence in the palace, have
been denominated the "Kitchen Cabinet." The term, though
not the most respectable that might be selected, is euphonious
and appropriate enough, and being universally recognized, we
must use it to ^distinguish this irresponsible cabal from the
"Cabinet" proper.
In this secret council have the most important measures of
the President originated. Its members, for purposes, apparently,
purely of a party and selfish nature, have formed and steadily
pursued, a plan for obtaining possession of the political and fis¬
cal power of the country; and, as we are told, by one who
was of the cabinet proper, govern it through the instrumentality
of the President's passions and prejudices. The members of the
cabinet proper are occasionally and formally consulted; but they
are content, it seems, with the honours and emoluments of of¬
fice, whilst, in the estimation of the country, its most important
duties are performed by "irresponsible persons, who possess the
confidence, if not the place, properly belonging to them." The
historian will not fail to contrast the humility of their minds
with their official elevation.
The existence of this hidden cabinet, the nature of its in¬
fluence, and its direct agency in violating the laws, are estab¬
lished by the piquant disclosures of Mr. Secretary Duane.
This gentleman, who had adhered to the President through good
report and evil report, and what is more to his faithfulness as
a partisan, through his own good opinion and evil opinion of the
chief magistrate, consented, reluctantly, at the earnest and
overpowering instances of the President, to fill the place of
Secretary of the Treasury, vacated by the translation of Mr.
M'Lane, his personal, and in this case, his efficient friend, to
the department of State. The following is his account of his
induction to his official duties under the guidance of an influ¬
ence, as he justly says, unknown to the Constitution.
" My commission bore the date of May 29, 1833, and on
the 30th I reached Washington. After waiting upon the President, on the
next day, 1 went to the treasury department, and took the oath of office on
28
the 1st of June. On the evening of that day, Mr. Reuben M. Whitney
called upon me at my lodgings, at the desire, as he said, of the President,
to make known to me what had been done, and what was contemplated, in
relation to the United States Bank. He stated, that the President had
concluded to take upon himself the responsibility of directing the secre¬
tary of the treasury to remove the public deposits from that bank, and to
transfer them to state banks; that he had asked the members of the cabi¬
net to give him their opinions on the subject; that the President had said,
"Mr. Taney and Mr. Barry had come out like men for the removal;" that
Mr. M'Lane had given a long opinion against it; that Mr. Cass was sup¬
posed to be against it, but had given no written opinion; and that Mr.
Woodbury* had given an opinion which was " yes" and " no;" that the
President would make the act his own by addressing a paper or order to
the secretary of the treasury; that Mr. Amos Kendall, who was high in the
President's confidence, was now preparing that paper; that there had been
delay owing to the affair at Alexandria; but, no doubt, the President would
soon speak to me on the subject; that the paper referred to, would be put
forth as the Proclamation had been, and would be made a rallying point;
that he (Mr. Whitney) had, at the desire of the President, drawn up a me¬
moir or exposition, showing that the measure might be safely adopted, and
that the state banks would be fully adequate to all the purposes of govern¬
ment. He then read the exposition to ine, and as I desired to understand
matters so important and so singularly presented, I asked him to leave the
paper with me, which he accordingly did. He also read to me divers let¬
ters from individuals connected with state banks. The drift of his further
observations was to satisfy me that the executive arm alone could be relied
on to prevent a renewal of the United States Bank charter.
" The communication thus made to me created surprise and mortifica¬
tion. I was surprised at the position of affairs which it revealed, and
mortified at the low estimate which had been formed of the independence
of my character. I listened, however, respectfully, to one who gave such
evidence of the confidence reposed in him, and awaited the explanation
which he intimated the President wpuld give.
" Soon after this interview I took occasion to express my mortification
at my position, to the member of the cabinet who had represented the
President in asking me to accept office.
"On the next evening (Sunday) Mr. Whitney again called on me, in
company with a stranger, whom he introduced as Mr. Amos Kendall, a
gentleman in the President's confidence, who would give me any further
explanations that I might desire, as to what was meditated in relation to
the United States Bank, and who then called on me because he was about
to proceed forthwith to Baltimore. 1 did not invite nor check communica¬
tion. Very little was said, and perhaps because I could not wholly con¬
ceal my mortification at an attempt, apparently made with the sanction of
the President, to reduce me to a mere cypher in the administration.
" The next morning, June 3d, I waited upon the President, and, as I had
been apprized by Mr. Whitney would be the case, he soon introduced the
subject of the Bank. I stated that Mr. Whitney had made known to me
what had been done, and what was intended, and had intimated that his
communication was made at the President's desire. The President re¬
plied, in a tone of dissatisfaction, that it was true he had conferred with
Mr. Whitney, and obtained information from him as to the Bunk, but that he
did not make him his confidant, nor had he told him to call on me. I
enumerated the representations which Mr. Whitney had made, and their
* It is due to this gentleman to state, that I subsequently learned, he was opposed
to a removal prior to July, 1834, and was for only a gradual change afterwards.
29
correctness was admitted. I said, I feared that I should not he able to see
the subject in the light in which the President viewed it; to which he re¬
marked, that he liked frankness, that my predecessor and himself had
sometimes differed in opinion, but it had made no difference in feeling, and
should not in my case; that the matter under consideration was of vast
consequence to the country; that unless the bank was broken down, it would
break us down; that if the last Congress had remained a week longer in ses¬
sion, two-thirds would have been secured for the Bank by corrupt means; and
that the like result might be apprehended at the next Congress; that such a state
bank agency must be put in operation before the meeting of Congress, as
would show that the United States Bank was not necessary, and thus
some members would have no excuse for voting for it. My suggestions as
to an inquiry by Congress, as in December, 1832, or a recourse to the ju¬
diciary, the President repelled, saying it would be idle to rely upon either;
referring, as to the judiciary, to decisions already made, as indications of
what would be the effect of an appeal to them in future. After mention¬
ing, that he would speak to me again, before he departed for the eastward,
he said he meant to take the.opinions of the members of the cabinet with
him, but would send them to me from New York, together with his views,
and would expect me, on his return, to give him my sentiments frankly
and fully.
" The President left Washington on the 6th of June. During his ab¬
sence further circumstances came to my knowledge, which induced me to
believe, that the removal of the deposits was not advocated with any view
to public utility, but urged to accomplish selfish, if not factious purposes.
I sought no intercourse with those, who, I felt satisfied, had an undue in¬
fluence over the President, at least in relation to the grave questions con¬
nected with the removal of the deposits. Whenever any of them called on
me, there was no hesitation in urging me to accord in the proposed mea¬
sure. It was contended that the removal of the deposits would be made
a rallying point at the opening of Congress, or a flag up for the new mem¬
bers. Whenever I urged a recourse, in the first instance, to Congress, or
the judiciary, such a step was scouted, and delay represented as hazardous.
"I had heard rumours of the existence of an influence at Washington,
unknown to the constitution. The conviction, that such an influence ex¬
isted, at least in relation to the matters then pressed upon me, was irresist¬
ible. I knew that four of the six members of the cabinet, before I became
a member of it, had been opposed to any present action in relation to the
deposits; and I also knew that four of the six members of the existing
cabinet entertained the same views. I felt satisfied, not only that the Pre¬
sident was not in the hands of his constitutional advisers, but that their
advice was successfully resisted by persons, whose views I considered at
variance with the public interest, and the President's fame.
"Such were my impressions, when, on the 1st of July, I received a let¬
ter from the President, dated " Boston, June 26th, 1833," together with
his views, and the opinions of four of the members of the cabinet, volumi¬
nous papers, in the examination of which I was engaged when the Presi¬
dent unexpectedly returned to Washington, on the 4th of July.
" In the views given by the President, he expressed his opinion, that the
secretary of the treasury would be wisely exercising the discretion conferred
upon him by law, by directing the deposits to be made in the state banks,
from and after the 15th of September, if arrangements to be made with them
should be then completed.
"In his letter, he stated that the only difficulty he for some time had, was
as to the time when the change should commence; that he thought the
time should be from the 1st to the 15th of September; that an agent should
be sent to consult with state banks upon the practicability of an arrange-
c 2
30
ment such as the President then proceeded to detail; but that he did not
contemplate a removal of funds deposited, unless when wanted for public
purposes. The letter closed with this emphatic assurance:—
" 'In making to you, my dear sir, this frank and explicit avowal of my
opinions and feelings, it is not my intention to interfere with the indepen¬
dent exercise of the discretion committed to you by law over the subject.
I have thought it however due to you, under the circumstances, to place
before you, with this restriction, my sentiments upon the subject; to the
end that you may, on my responsibility, allow them to enter into your de¬
cision upon the subject, and into any future exposition of it, so far as you
may deem it proper.'
" Prior to the reception of these communications, I had felt embarrass¬
ment, not only in relation to the general subject, but as to constitutional
and legal questions. I was in doubt, as to the view which the President
would take of the 16th section of the law, chartering the United States
Bank, which gave the discretion, as to the deposits, to the secretary of the
treasury. When, however, I read the above passage in his letter, my anx¬
iety was, in a great measure, if not wholly, removed. If it meant any
thing, I concluded that the President now confirmed, what the law had al¬
ready declared, that the secretary of the treasury had the exclusive right to
exercise that discretion independently of the President; and that in thus
writing to me, he had pledged himself not to interfere beyond the express¬
ion of his own opinions, and the employment of argument to have an in¬
fluence upon mine. Reflecting, however, upon the means that might be
used to induce the President to disregard this pledge, I considered it my
duty to comply strictly with his directions, to give him my sentiments
frankly and fully.'1''
We cannot be surprised that the sensibility of Mr. Duane
was excited " at the low estimate which had been formed of
the independance of his character," but we are not a little as¬
tonished, that the complacency of the other dissentient members
of the cabinet proper, should have been undisturbed, whilst
measures most injurious to the country, which they had con¬
demned, were thus prosecuted. In other countries where
implicit submission to the behests of the Executive power, to
which,time, long descent,and all the impressive circumstances of
feudality have given high, though not just, claims to respect,
such humble acquiescence would not have been seen, or would
have been doomed to ineffable contempt. The elder Pitt, whose
energetic mind was ruled by the patriot's heart, threw up the
seals when his honest counsel and warning voice were disre¬
garded; and in the past year, we have seen, in France, distin¬
guished ministers resign their offices, even when a legislative
body refused to give effect to their measures. Can there be
stronger eyidence of the corruption of the party, than this sac¬
rifice, which men of fair, and, in private life, of estimable char¬
acter, make of their judgment and duty upon the altar of am¬
bition or avarice? The secretary of the treasury, though
inexperienced in office, was not wanting either in the firmness
or intelligence which the occasion and his place required.
Believing, as he did, that the President really thought the pros-
31
tration of the United States Bank would be another victory of
which he might be proud, and that he was stimulated to
consider any means justifiable to attain that end, he re¬
solved to interpose between him and those who were impelling
him in his rash career. He was, especially, anxious to disabuse
him as to the legislature and the judiciary. He resolutely re¬
fused to direct the deposits to be made in the State banks, ur¬
ging: 1, that the measure was extreme and arbitrary: 2, that
it was unauthorized by law: and, 3, that it was inexpedient.
I. It was extreme and arbitrary, because,
1. The charter is the law of the land; a contract, that cannot
be dissolved or altered, without mutual consent, or forfeited,
without iriquiry. The public deposits are a benefit to the Bank,
for which it has paid a consideration, and their continuance is a
part of the contract.
2. The last Congress had acted upon the complaints of the
Bank; and the next Congress might follow the example of the
last. The House of Representatives, by a vote of 109 to 46,
decided 'that the Bank was a safe place of deposit, and one of
the last acts of Congress authorized the Secretary of the Trea¬
sury to lend a million of dollars to the Bank without security;
and nothing had occurred to warrant him to treat these evi¬
dences of confidence with contempt, or to refuse to await the
interference of the next Congress. If a body with power to
send for persons and papers was unable to come to a decision
unfavourable to the Bank, or even to express a disbelief of
its safety, the Secretary could not, without such inquiry or
power to inquire, first, do what Congress would not do, and then,
refer to the reasons of the President as a justification. Any
proceeding, now, especially in the absence of adequate reasons,
would seem to arise from an apprehension that the representa¬
tives of the people are incompetent or corruptible; and that
the people, themselves, are incapable of preserving the institu¬
tions of their country, in the event of the general depravity of
their agents.
II. The measure was unauthorized. If the Secretary were
to cease to deposit the public money in the Bank of the United
States, it would be his duty to direct its deposit to the credit of
the treasurer in some safe place. Did it become the Secretary
to judge of the solidity of an institution by hearsay? If he
took that responsibility, had he a right to go farther? The plan
suggested by the President proposed a contract with divers
banks, according to which certain service was to be rendered
by one party, for the privilege of trading upon the money of
the other. Has the Secretary authority to create a sort of char¬
ter? In any way, or for any time, to bind the United States?
Have the local banks any right to bind themselves? If they
32
have, what is the security, and who is to judge of it? Has the
Secretary any right to contract that certain banks may con¬
tract with other banks, unknown to him? Has he the right, or
is it discreet, to leave to any agent the right to decide, in the
course of two months, upon the condition of all the banks
that may be necessary for the operations of government? If
there be no law granting powers needful, in doubtful cases, can
the Secretary discreetly take them on his own responsibility?
Beside the summary power to take away, has he the legis¬
lative power to authorize a disposition of the public money?
Could a section of the charter, obviously meant for extreme
cases only, authorize the Secretary, in the absence of necessity,
to take the public money from a Bank over which there is a
controul, and distribute it among institutions over which no
controul exists? On the exercise of the power conferred by
Congress upon the Secretary, he is enjoined to give reasons im¬
mediately to them; obviously showing that Congress consider¬
ed themselves, alone, competent to judge of the necessity of a
removal, from one agent, and the propriety of the substitute.
The proposition of the President is avowed to be an experi¬
ment. Has the Secretary the right to make experiments upon
such important matters? If an experiment must be made, is it
not courteous to Congress, of whom the President considers
the Secretary, in this case, the agent, to await their instruc¬
tion? Have not the constitutional holders of the public purse
the only means which can be safely used for making such trials?
III. The measure is inexpedient. If Congress should in¬
terrupt the experiment, and it should fail, as the Secretary
thinks it would, is he then to make another? Time will be ne¬
cessary to test the project; and the President desires, that the
trial may be made, so as to meet the dissolution of the United
States Bank. This rests on the presumption, that Congress will
not interfere; whereas the Secretary believes, that the opera¬
tions will have scarcely been commenced, ere the apparatus
will be demolished. With such a probability, will solvent
banks engage in the project? Will they guarantee the acts of
banks in the remote parts of the Union? Would it be prudent
to ally the country with banks willing to make such a common
cause? Will not the avarice, the ignorance, or the imprudence
of, particularly, remote, local banks, tempt them so to extend
their loans, and use the public money, as to disable them from
returning it, when required, or compel them to ruin their
debtors by recalling it?
Suppose, that in the proposed measure, the faith of the country
would not be violated; that contempt to the last and the next
Congress would not be evinced; that power to contract with
State banks exists; and that it would not be unwise to make the
33
contract; still the question presents itself, What would be the
effect upon society? Would the operations of the Government,
or of the commercial world, be facilitated? Would confidence
between man and man be promoted? Would the facility to
stand a shock, in the event of a war in Europe, for instance, be
given to the local banks? Mr. Duane adds:
"These questions were placed by the predecessor of the Secretary in a
point of view which he thinks cannot be overlooked by a chief magistrate
anxious to protect the mass of the community from embarrassment. From
want of experience, or information, the Secretary may not anticipate evil
so extensive as that apprehended by his predecessor; but his fears render
him unwilling to put the match to a train, the end of which he has not the
sagacity to discern.
"Even if he doubted whether the United States Bank could meet
every demand of Government, as made upon it, he would hesitate whether
it would not be his duty to forbear, rather than increase the evil, by abridg¬
ing the power of the Bank to surmount its difficulties. So that, in the
absence of all doubt of the kind, he would be at a loss for an excuse, were
he to produce, by an act on his part, the very mischief that is apprehended.
Credit, like female fame, is of such a peculiar nature, that its blossoms
may be blighted even by the breath of inquiry. Much more trivial changes
than that proposed by the President, have produced great commercial
convulsions."
"The struggle to be made is not to see which can do the other the
most harm, the Government or the Bank. The Government has but one
duty to execute—to inform the people and their representatives of the appre¬
hended danger. It is not called upon to maim the Bank, lest the Bank
should master the country. In any attempt to maim, the agents of the
Bank would be those most likely to escape; the wound would be felt in
the cottage of the farmer, rather than in the palace of the banker."
" If the suggestion of the President be sound, that the
United States Bank dare not operate oppressively, because the State banks,
having Government deposits, might run upon the branches, then, there is a
check, at all times, in the hands of the Government; and the Bank, during
its legal existence, will be careful not to do or omit what might warrant a
total removal of the deposits."
" The United States Bank is represented by some of the
local banks as an engine so powerful, as to be an object of universal alarm;
and, at the next moment, so utterly feeble, that by the simple operation of
a treasury order, the entire branches may be broken up, one after the other,
and the paper flung upon them in masses, which they will not be prepared
to redeem! Which of these is the true picture! If a treasury order have
such talismanic influence, can there be a better pledge for the safety of the
public deposites? But, if it has no such power, is it discreet to commence
the war? In all such calculations, as those referred to, the flinging back
masses of bank paper, and breaking up the branches are items, that seems
to have caused no compassion for the ultimate sufferers. It appears to
have been forgotten, that a large portion of the good and pure people of
the land would be ruined."
It will be seen, by those who have read the letters of the ex-
Secretary, that we have selected from, and condensed his
remarks, but have not given all that he said to the President
to divert him from the immoral and impolitic war in which he
had so franticly engaged. The whole of the Secretary's reasons,
34
on this head, do honour alike to his principles and his sagacity.
We see that the President has not pursued his course, un¬
warned of its consequences; and that the barbarous system of the
war, including the run upon the branches, subsequently at¬
tempted at Charleston, was deliberately meditated.
The reasons of the Secretary for refusing to withhold the de¬
posits from the Bank, were communicated to the President of
the United States on the 12th July. He displayed, in several
interviews, strong marks of dissatisfaction with his " refractory
subordinate;" but, at length, asserted, that he wanted inquiry
only; and to the observation of the Secretary, that his letter of
June 26th indicated the purpose of an actual removal by the
15th September, he replied, certainly not with the honesty and
frankness which have so falsely been attributed to him, " that
the banks might not agree to the only plan he thought safe, that
of mutual guarantee; that information ought to be obtained,
even for the use of Congress; that he conceived the Secretary
ought to co-operate in collecting it; that he was desirous that
Mr. Kendall should make inquiries; and that they might re¬
main uncommitted until after a consideration of the questions
that were connected with a change of the depository."
Under these views, the Secretary consented to prepare in¬
structions for the agent; stating, the approaching dissolution of
the United States Bank; his power, prior to that period, if there
were adequate cause, to withhold the deposits from it, and the
desire of the President to ascertain, whether a substitute might
not be procured in the state banks; directing the agent to
select a designated number of such banks in certain districts,
which should be empowered to appoint all the banks, at other
points, in which the public money should be deposited, subject
to the approbation of the Secretary; who reserved the right to
discontinue the deposits in any bank when he should think
proper. The terms proposed for an arrangement with the
banks were, that they should make monthly or more frequent
returns of their condition; report, weekly, the public deposits,
and submit their books and transactions to examination by the
Secretary or his agent when required: that the contract of the
Government should be only with the primary banks, they
being responsible for the safety of the deposits wherever made,
and for making payments, without charge to the Government,
at all places directed by the Secretary, rendering every service
lawfully required from the United States Bank, and paying the
expense of any agent the secretary should appoint to examine
into their affairs. The agent was also instructed;—to inquire,
whether the charters of such banks as were disposed to this
arrangement would warrant it; whether, if it should be made,
prior to the 4th of March, 1836, the Bank of the United States
might have power and disposition to embarrass or interrupt it;
35
and in such case, what would be the probable effects upon the
banks and the community: and to obtain, from the selected
banks, information to enable the Government to judge of their
condition, at the time of arrangement, and that full publicity
should be given to the proceedings of the agent with them.
In concluding these instructions the Secretary observed:
44 It becomes my duty to myself, in order to guard against expectations,
on the part of the banks, that may not be realized, or misapprehension
elsewhere, distinctly to say, that, my performance of the present act of
duty as an executive agent, is not to be understood as an indication of any
intention on my part, under existing circumstances, to exercise the power
vested in me by law. Whether such an emergency may not arise, as may
warrant the exercise of that power, it is unnecessary now to anticipate, it
is sufficient to observe that, in my opinion, none such exists at present."
With a design to immediate operations, these instructions are
not consistent with the views previously communicated by the
Secretary to the President; but the former justified them, as use¬
ful, to obtain information which would'undeceive the President,
demonstrate the impracticability of his plan of financial agency,
and be serviceable in any event. The qualification appended
to them was, indeed, a protection from injury; for, it was little
probable, that any respectable bank would enter into an arrange¬
ment, under a declaration that there existed no intention of
carrying it into effect.
The effect of this qualification was at once perceived, and
objected to, by the President, who, quitting the ground of 44 in¬
quiry only" on which he had amused the Secretary, now de¬
clared, (letter of July 22d, 1833):
44 The great object to be obtained by the inquiry, is to ascertain whether
the state banks will agree to become the agents of the Government, on the
terms proposed, for the safe keeping and transmission of the public moneys.
If they will, the ground taken by the President, should circumstances
remain as they now are, is, that it will be then expedient and just to
resort to them as a substitute for the Bank of the United States as a fiscal
agent." 44 Previously to inquiry, however, (the President continued), you
declare that nothing has yet occurred to render necessary the movement
anticipated by it; and thus leave me to infer, that should the inquiry estab¬
lish the competency of the state banks to perform the agency proposed to
them, you will not feel yourself at liberty to carry into effect the.decision,
transferring the public deposits to them, which the President, on his
advisement with his cabinet, may make. Please inform me whether I
am correct in supposing that this is your determination. If I am, it will
then be my duty, in frankness and candour, to suggest the course which will be
necessary on my part."
This intelligible threat of dismissal from office, the Secretary
considered as a palpable violation of the President's assurance,
44 that it was not his intention to interfere with the independent
exercise of the discretion committed to the Secretary of the
Treasury, by law, over the subject;" and he was inclined, pe-
36
remptorily, to adhere to the last paragraph of his instructions.
But, as he says, the President still admitted in his letter, that,
" all matters connected with the substitution of another fiscal
agent," were to be "fully considered; and knowing that the
instructions contemplated the President's bank plan alone, and
the collection of information as to the effect of the removal of
the deposits upon the banks and society; and as he could not,
with propriety, declare, that he would not, at a future period, act,
because it might become his duty, he consented to give up the
offensive paragraph; and after reiterating his opinions, promised,
that when the moment for decision, after inquiry and discussion,
should arrive, he would concur with the President, or retire.
The promise of the Secretary, it appears, was considered by
the President as removing every obstacle to his course. The
instructions were, unhesitatingly, altered in many essential par¬
ticulars; the direction to collect information was stricken out,
and the agent empowered to propose or accept new plans.
Thus modified, the instructions were signed by the Secretary;
flattering himself, "that the President would be undeceived,
and that the time of the meeting of Congress would be so closely
approximated, ere a suitable inquiry could be made, as to ren¬
der any action by the President altogether indelicate and im¬
proper." He signed them, he assures us, not with a view to
retain a post, which had no longer any attraction for him, not
to thwart the President in his legitimate course, not to mar a
salutary measure, but to prevent the execution of the scheme
which, he believed, would be detrimental to the country and to
the President himself. The propriety of the sequence, however,
will be apparent, probably, to those, only, who may believe
that he who fires the train is no agent in projecting the missile
of destruction. But even Mr. Duane, with the opportunities
which he now had of knowing the President, could not con¬
ceive, that he would so far disregard the dictates of delicacy
and propriety as to withhold the deposits against the express¬
ed sense of the legislature; notwithstanding, such an intention
was distinctly avowed at his first official interview on the 3d
June, with the President, and also in his letter of 22d July.
Yet Mr. Duane seems, at this time, or soon after, to have
attained a clear conception of the true nature of the service
required of him, as he assures us that it " was not to substitute
one fiscal agent for another, but to pervert a power reserved
by law, for the public protection, into a weapon to punish the
legitimate fiscal agent, at such a time, and in such a manner, as
to evade legislative and judicial action."
The result of these measures is given by the Secretary:
"The instructions, thus offered, were on the 23d of July sent to the agent,
who soon after proceeded on his mission. He returned early in Septem-
37
ber, and on the 9th of that month his report was submitted to the Presi¬
dent. The plan of bank agency, deemed by the President the only safe
one, had been almost unanimously rejected by the state banks. The
materials from which the condition of the state banks was to be ascer¬
tained, were very imperfectly furnished. No inquiry, beyond that which
resulted in the agent's report and correspondence, was, to my knowledge,
made. Nor was there any discussion, in my presence, or otherwise, to my
knowledge, as to the agent's report and correspondence, or any plan of
state bank agency. If any member of the administration understood what
was to be the system of future fiscal operations, I was not that person,
although I, attentively, read all that was submitted. Yet it was into this
chaos I was required precipitately to plunge the fiscal operations of the
country, at a moment when they were conducted by the legitimate agent
with the utmost simplicity, safety and despatch."
When it was known, early in September, that the Secretary
persisted in his refusal to remove the deposits, some members
of the cabinet appeared to desire a middle course. He was
asked whether he would fix a day on which he would remove
the deposits, after the meeting of Congress, in case that body
should not act upon the subject. This is not the least extraor¬
dinary feature in this most extraordinary history. It supposed
a resolution, in the Executive, to control the public funds, not
only without the authority of Congress, but even against the
repeated and continued expression of the public will; and sup¬
posed, also, a claim to power, quite as broad as the Executive
has since set up in his presumptuous protest to the Senate. The
Secretary refused to fix a day, but consented to remove the
deposits in case Congress desired it; and again stated his readi¬
ness to retire, as soon as the President should express his pre¬
ference for that course.
In the meantime, while a grand attack upon the Bank was
in preparation, pursuant to a predetermined plan, reasons for
justifying the assault were, covertly, sought through the instru¬
mentality of the directors of the institution, appointed by the
President; who were instructed by that officer, privately, to
make inquisition into the proceedings of the Bank, and whose
report, replete with error and perversion, we shall have occa¬
sion hereafter to notice.
A cabinet council, destined to be famous in history, was
holden on the 18th September, when the President read to the
assembled members an exposition of his views, which he de¬
livered to the Secretary of the Treasury for consideration.
Four of the members, it is understood, dissented. Of the doc¬
trines and allegations contained in this document, it is unneces¬
sary now to speak at large, since they have been wholly adopted
by the successor of Mr. Duane, and reported by him to Con¬
gress as his reasons for the removal of the deposits. Some of
the closing- paragraphs, however, of the address must find a
place here. They contain the President's exposition of his
D
38
right to control the Secretary of the Treasury, and his peremp¬
tory appointment of a day for the removal of the deposits.
"Viewing it (the change) as a question of transcendent importance,
both in the principles and consequences it involves, the President could
not, in justice to the responsibility he owes to the country, refrain from
pressing upon the Secretary of the Treasury his view of the considera¬
tions which impel to immediate action. Upon him has been devolved by
the Constitution and the suffrages of the American people, the duty of
superintending the operations of the Executive departments of the Govern¬
ment, and seeing that the laws are faithfully executed. In the performance
of this high trust, it is his undoubted right to express to those whom the
laws and his choice have made his associates in the administration of the
Government, his opinion of their duties under circumstances as they arise.
It is this right which he now exercises. Far be it from Mm to expect or
require, that any member of the cabinet should, at his request, order or dicta¬
tion, do any act which he believes unlawful, or in his conscience condemns.
From them, and from his fellow-citizens, in general, he desires, only, that
aid and support which their reason approves and their conscience sanc¬
tions.
" The President again repeats, that he begs his cabinet to consider the pro¬
posed measure as his own, in the support of which he shall require no one of
them to make a sacrifice of opinion or principle. Its responsibility has been
assumed, after the most mature deliberation and reflection, as necessary to
preserve the morals of the people, the freedom of the press, and the purity
of the elective franchise, without which, all will unite in saying, that the
blood and treasure expended by our forefathers, in the establishment of
our happy system of government, will have been vain and fruitless. Un¬
der these convictions, he feels that a measure so important to the Ameri¬
can people cannot be commenced too soon; and he therefore names the
first day of October next, as a period proper for the change of the deposits,
or sooner, provided the necessary arrangements with the state banks can
be made."
It is really difficult to understand what the President appre¬
hended, when he so repeatedly asserted that he did not mean to
coerce the action of any one of his cabinet. These assevera¬
tions refer, solely, to the Secretary of the Treasury. The Presi¬
dent recognizes the power of that officer as unqualified, as
absolute, over the deposits; he claims only to be viceroy over
him. We can comprehend, that an absolute prince does not
coerce obedience to his command when he does not make the
prison, the cord, or the axe, the alternative. But, surely, he is
not tolerant, when he expends the whole of his power to pro¬
duce conformity. Nor can the President be supposed to re¬
spect the opinions of a cabinet minister, when expulsion, the
greatest punishment he can inflict, is the consequence of dis¬
agreement with him.
The decision of the Secretary was, hastily and indecorously,
pressed upon the 19th, and though he craved delay until the
21st, that he might prepare a defensive paper, the determination
to remove the deposits was officially published on the 20lh;
thus offering to him a gross indignity as an officer and a man.
39
On the 21st, he addressed a " brief emphatic letter" to the Presi¬
dent, refusing to carry his directions into effect, or voluntarily
to leave the post which the law had placed under his charge;
conceiving that the latter resolution was warranted by the af¬
front which had been put upon him. He was formally and
rudely dismissed on the 23d of September, by a note from the
President, saying, " I feel constrained to notify you that your
further services as Secretary of the Treasury are no longer re¬
quired." Mr. Taney, who had sustained the views of the Presi¬
dent, as his successor, carried them into effect. Mr. Duane has
earned, with his contemporaries and posterity, the reputation of a
man of talent, firm in the performance of his duty, incorruptible
by ambition, and what is more rare, unseduced by the wiles and
claims of party,—an enviable niche in the historic temple.
Thus, was perpetrated in the most vindictive spirit, the most
naked and reckless act of power which our annals have recorded.
The sense of Congress scorned,—its members shamefully defamed,
—thesolemn contract with the bankannulled,—the public treasury
torn from the legal depositary,—the national currency unsettled,
and bankruptcy and ruin widely spread over the land.
II. The lawfulness of the power claimed by the President over
the deposites has become a question of grave consideration in
Congress ; and its exercise has called forth, from the Senate, a
rebuke, which is second only to a conviction on impeachment.
This power is claimed by the President on the following grounds.
1. That the Executive power is vested in him by the Constitu¬
tion. 2. That it is his sworn duty to take care that the laws be
faithfully executed. 3. That it is his right and duty to nominate,
and by and with the advice and consent of the Senate, appoint,
all officers of the United States, whose appointments are not, in
the Constitution, otherwise provided for. From these premises,
he infers, "that the whole Executive power being vested in
him, who is responsible for its exercise, it is a necessary con¬
sequence, that he should have a right to employ agents of his
own choice, to aid him in the performance of his functions, and
to discharge them, when he is no longer willing to be respon¬
sible for their acts. In strict accordance with this principle,
the power of removal, which, like that of appointment, is an
original Executive power, is left unchecked by the Constitution,
in relation to all Executive officers, for whose conduct the Pre¬
sident is responsible, while it is taken from him in relation to
judicial officers, for whose acts he is not responsible." The
power of removal he maintains, by the contemporaneous con-
•struction of the Constitution, and the uniform practice under it.
The President further contends, " that the Treasury Depart¬
ment is on the same footing as the other departments; the Se¬
cretary, being constitutionally appointable and removable by him,
40
is an Executive officer, the mere instrument of the Chief Magis¬
trate in the execution of the laws, subject, like all other heads of
departments, to his supervision and control: That the preten¬
sion, that the Secretary is an officer of Congress, is not war¬
ranted by anything in the Constitution; no joint power of ap¬
pointment is given to the two houses of Congress; nor is there
any accountability to them, as one body; but, as soon as any
office is created by law, of whatever name or character, the
appointment of the officer devolves by the Constitution upon the
President, with the advice and consent of the Senate, except in
cases, of which this is none: That this pretension is discounte¬
nanced by an incident which occurred at the time of the organi¬
zation of the Treasury Department, distinctly evincing the una¬
nimous concurrence of the first Congress, in the principle, that
the Treasury Department is wholly Executive in its character
and responsibility; a motion to strike out the provision of the
bill making it the duty of the Secretary 'to digest and report
plans for the improvement and management of the revenue, and
for the support of public credit,' on the ground that it would
give the Executive Department too much influence in Congress,
was opposed, not because the Secretary was the officer of Con¬
gress, which, if admitted, would have been conclusive, but for
reasons which conceded his Executive character throughout.
" That the custody of the public property, under such regula¬
tions as may be prescribed by legislative authority, has always
been considered an appropriate function of the Executive De¬
partment, in this, and all other governments. In accordance
with this principle, every species of property belonging to the
United States, (with some exceptions unimportant to this issue,)
is in charge of officers appointed by the President, whether it be
lands, buildings, merchandise, provisions, clothing, arms or mu¬
nitions of war."
" That public money is but a species of public property. It cannot be
brought into the Treasury, except by law; but when obtained, its custody
always has been, and must be, unless the Constitution be changed, intrust¬
ed to the Executive Department. M> officer can be created by Congress to
take charge of it, whose appointment would not, by the Constitution, devolve on
the President, and who would not be responsible to him for the faithful perform¬
ance of his duties. The Legislative power may undoubtedly bind him and
the President by law, prescribing where particular portions of the public
money may be kept, and for what reason it may be removed; as it may
direct the supplies for the army or navy to be- kept in particular stores; and
it will be the duty of the President to see that the law be faithfully exe¬
cuted—yet will the custody remain in the Executive Department. Were Con¬
gress to assume the power to appoint officers, independently of the Presi¬
dent, to take charge of the public property in the arsenals, &c., it would be
a palpable usurpation of Executive power, subversive of the form as well
as of the fundamental principles of the government. And no difference ex¬
ists, between public property in the form of munitions of war, or pecuniary
treasure. Congress cannot, therefore, take from the Executive Department the
41
custody of the public property or money, without an assumption of Executive
power, and subversion of the first principles of the Constitution.
" That Congress has never imperatively directed the public moneys to be
kept in any particular place. A Treasurer created, subordinate to the Sec¬
retary and through him to the President, is required to give bond, safely to
keep, and faithfully to disburse, the public moneys without direction as to
the manner or place in which they should be kept. By the original and
continued practice of the Government, the Secretary, under the supervision
of the President, designated the places of custody, and specially directed
all transfers of the public funds; and although portions were first placed
in the State banks, and then in the former bank of the United States, and
on its dissolution, again transferred to the State banks, no legislation was
deemed necessary by Congress, and all the operations were originated and
perfected by Executive authority..
That, " The Act of 1816, directing the public deposites to be made in the
Bank of the United States, unless the Secretary of the Treasury should
otherwise order, was but the continuation of the pre-existing powers of the
Secretary to direct where the deposites should be made, with the superadded
obligation of giving reasons to Congress for making- them elsewhere. The
provision did not, in any way, alter the relation between the Secretary and
the President, as the responsible head of the Executive Department, or re¬
lease the latter from his constitutional obligation,' to take care that the laws
be faithfully executed.' It was the duty of the Secretary to direct the de¬
posites to be made elsewhere than in that Bank, whenever sufficient reasons
existed for making the exchange. If he neglected or refused to act, he would
neglect or refuse to execute the law, which the duty of the President re¬
quired him to see faithfully executed; and the obligation in such case is the
stronger, as the neglect is in his presence, and the remedy at hand. A con¬
temporaneous construction of the Act of 1816, shows that it was not de¬
signed to change the relations between the President and Secretary. The
Secretary applied for and obtained the President's sanction and authority to
the original transfer of the deposites to the present Bank of the United
States. With the like sanction and authority, the transfers from the
Branches of the United States Bank, to State banks at Chilicothe, Cincin¬
nati, and Louisville, were made in 1819. And these acts were known to, and
approved by all the departments of government, and by Congress and the
people; and they show, that, upon all important questions appertaining to
his department, whether relating to the public deposites or other matters, it
was the constant practice of the Secretary of the Treasury to obtain for his
acts, the approval and sanction of the Presidents."
" Thus, was it settled by the Constitution, the laws, and the whole prac¬
tice of the Government, that the entire Executive power is vested in the
President of the United States; that as incident to that power, the right of
appointing and removing those officers who are to aid him in the execution
of the laws, with such restrictions only as the constitution prescribes, is
vested in the President: that the Secretary of the Treasury is one of those
officers : that the custody of the public property and money is an Executive
function, which, in relation to the money, has always been exercised through
the Secretary of the Treasury and his subordinates; that in the performance
of these duties, he is subject to the supervision and control of the President,
and in all important measures having relation to them, consults the Chief
Magistrate, and obtains his approval and sanction ; that the law establish¬
ing the Bank did not, as it could not, change the relation between the Pre¬
sident and the Secretary—did not release the former from his obligation to
see the law faithfully executed, nor the latter from the President's super¬
vision and control; that afterwards, and before, the Secretary did in fact
consult, and obtain the sanction of, the President, to transfers and removals
D 2
42
of the public deposites ; and that all departments of the Government, and
the nation itself, approved or acquiesced in these acts and principles, as in
strict conformity with our constitution and laws."
" Circumstances, in the opinion of the President, rendered it the duty of
the Secretary to place the public moneys in other depositaries than the
Bank. The Secretary did not concur in that opinion, and declined to give
the necessary direction; and the President deemed it his imperative duty,
by the exertion of every power confided to him by the constitution and
laws to check the career of the Bank, even in the alternative of dismiss¬
ing the head of one of the departments."
These reasons of the President, which we believe contain all
the positions strictly relative to the subject, are abstracted from
the protest against the resolutions of the Senate, delivered to that
body on the 17th April, 1834. The broad ground of exclusive
right in the Executive department to the custody of the public
money, had not, before that time, been made; and however much
Congress and the people had been prepared for Executive assump¬
tions of power, this, from the universal astonishment and indig¬
nation which it instantly provoked, had been wholly unex¬
pected.
Such, indeed, was the force of that indignation, that even the
usually unyielding temper of the President was compelled to bow
before it. An attempt was, therefore, made within four days af¬
ter the communication of the Protest, to qualify it by a supple¬
ment, alleging, that several passages of the former might be mis¬
understood; and that it was not the intention of the President to
deny the power and right of the legislative department, to pro¬
vide by law for the custody, safe keeping, and disposition of the
public money and property of the United States.
" I admit," he continued, " without reserve, as I have before done, (see last
paragraph page 40) the constitutional power of the legislature to provide
by law, the place or places in which the public money or other property is
to be deposited, and to make such regulations concerning its custody, re¬
moval, or disposition, as they may think proper to exact. Nor do I claim,
for the Executive, any right to the possession or disposition of the public
property or treasure, or any authority to interfere with the same, except when
such possession or disposition or authority is given by law ; nor do I claim the
right, in any manner, to supervise or interfere, with the person entrusted with
such property or treasure, unless he be an officer whose appointment, under the
constitution and laws, is devolved upon the President alone, or in conjunc¬
tion with the Senate, and for whose conduct he is constitutionally respon¬
sible."
It is obvious that the extent of the claim of the President over
the public property and money, as an Executive junction, is
not at all narrowed by this explanation. For all officers of the
United States must be appointed by the President in conjunction
with the Senate, by the President alone, or by the courts of law,
or the heads of departments; in the last case, the subordinates are
43
appointed by the superior officers, and by and through them are
subject to the President; and he does'claim, even in the supple¬
ment, by unequivocal implication, the right to "supervise or in¬
terfere with the person entrusted with the public property or
treasure, if he be an officer whose appointment is devolved upon
him alone, or in conjunction with the Senate."
Far Jess pretensions, than are set forth, in the cabinet com¬
munication, of the 18th September, 1833, had called for the
special consideration of the Senate. On the 56th December,
1833, Mr. Clay offered, with another, the following, resolution:
Resolved, That, by dismissing the late Secretary of the Treasury, be¬
cause he would not, contrary to his sense of his own duty, remove
the money of the United States in deposite with the Bank of the United
States and its branches, in conformity with the President's opinion;
and by appointing his successor to effect such removal, which has
been done, the President has assumed the exercise of a power over the
Treasury of the United States, not granted to him by the Constitution and
laws, and dangerous to the liberties of the people.
This resolution, after a protracted debate, was, on the 28th
March, modified by the mover, and passed bj' the votes of twenty-
six senators out of forty-six, who were present and voted, in the
following words :
" Resolved, That, the President in the late Executive proceedings, in re¬
lation to the public revenue, has assumed upon himself authority and power
not conferred by the constitution and laws, but in derogation of both."
Thus, the right claimed by the Executive over the public funds
is not only denied, but its exercise has been severely rebuked.
The most distinguished statesmen, the Adams, the Websters, the
Clays, the Binneys, the M'Duffies, the Southards, the Calhouns,
the Claytons, and many others of scarce less notoriety and esti¬
mation have raised their voices, with all the force of reason and
eloquence, against a measure in which they perceive the inception
of the ruin of political and civil liberty—a measure which tends
inevitably to unite in one hand, the purse and the sword, and, by
this amalgamation of all power, to make the nation subject to one
man. Since the foundation of the government, since the birth
of the nation in 1776, no subject of deeper interest has agitated
her councils ; none has developed more intellectual power; none
excited a richer flow of eloquence.
The importance of this question is thus emphatically and spi¬
ritedly urged by Mr. Clay, on opening its discussion in the Se¬
nate, on the 26th December last :
" I agree, sir,and I am very happy whenever I can agree, with the Pre¬
sident, as to the immense importance of these questions. He says, in the
paper which I hold in my hand, that he looks upon the pending question as
involving higher considerations than the 'mere transfer of a sum of money
from one bank to another. Its decision may affect the character of our Go-
44
vernment for ages to come.' And, with him, I view it as 4 of transcendent
importance, both in the principles and the consequences it involves.' It is
a question of all time, for posterity as well as for us—of constitutional go¬
vernment or monarchy—of liberty or slavery. As I regard it, I hold the
Bank as nothing, as perfectly insignificant, faithful as it has been in the per¬
formance of all its duties. I hold a sound currency as nothing, essential as
it is to the prosperity of every branch of business^ and to all conditions of
society, and efficient as the agency of the Bank has been in providing the
country with a currency as sound as ever existed, and unsurpassed by any
in Christendom. I consider even the public faith, sacred and inviolable as
it ever should be, as comparatively nothing. All these questions are merged
in the greater and mightier question of the constitutional distribution of the
powers of the Government, as affected by the recent Executive innovation.
The real inquiry is, shall all the barriers which have been erected by the
caution and wisdom of our ancestors, for the preservation of civil liberty,
be prostrated and trodden under foot, and the sword and the purse be at once
united in the hands of one man ? Shall the power of Congress over the
Treasury of the United States, hitherto never contested, be wrested from its
possession, and be henceforward wielded by the Chief Magistrate? En¬
tertaining these views of the magnitude of the question before us, I shall
not, at least to-day, examine the reasons which the President has assigned
for his act. If he has no power to perform it, no reasons, however cogent,
can justify the deed. None can sanctify an illegal or unconstitutional act."
And thus Mr. M'Duffie, with that richness of illustration and
forceful vehemence which characterise him, exhibits the nature
of the Executive assumptions :
44 Sir, I have read history with some attention, and for the last two or
three years my mind has been irresistibly carried, by the downward ten¬
dency and ominous signs of the times, to those portions of the history of na¬
tions which trace their progress in the rapid descent from the enjoyment of
free institutions to the endurance of despotic forms of government. And
after surveying the whole field which history presents, covered with monu¬
mental beacons, inscribed with lessons of wisdom—if nations would ever
learn wisdom from experience, I venture to make the assertion, that there
is no instance in the history of any civilized' government of modern times
in which the progress of usurpation has been more rapid, bold, ingenious
and successful, than it has been in these United States for the last fifteen
months. Sir, the last of the Tarquins was hurled from the throne of his
ancestors; the first of the Caesars was slain in the Roman Senate; Charles
the First of England, and Louis the Sixteenth of France, were severally
condemned and executed; all under the charge, with different specifications,
of having subverted the fundamental laws, and conspired to usurp the
supreme power of the State. And although the sentence by which these
enemies of human liberty were doomed to expiate their delinquencies—
some of them in their own blood—has been solemnly ratified by the im¬
partial judgment of posterity, yet, sir, strange as it may sound to loyal
ears, it is my deliberate conviction that the proofs by which the charge of
usurpation was established in these memorable instances were not more
full and conclusive than the proofs which can be now produced to establish
the same charge against a republican President, who came into power under
the most solemn pledges to restrain the usurping tendencies of this Gov¬
ernment, to reclaim the lost rights of the sovereign States of this Union,
and to bring back the institutions of his country to the primitive standard
of republican economy, simplicity, and purity. God forbid, sir, that I
should insinuate, or be the means of inducing any one to suppose, that the
45
President of the United States should encounter the fate of those whose
pernicious example he has but too closely followed!"
With these views of the nature of the struggle in which the
country is involved, we shall consider more fully the President's
pretensions to the custody of the funds and consequent power to
remove the Secretary of the Treasury.
" What power," says Mr. Clay, " has the President over the public
Treasury? Is it in the Bank charter? That gives him but two clearly de¬
fined powers : one to appoint, with the concurrence of the Senate, and to
remove the Government directors; and the other, to order a scire facias
when the Charter shall be violated by the Bank. There is no other power
conferred on him by it.
" In the law the Secretary of the Treasury alone is designated. The
President is not, by the remotest allusion, referred to. And, to put the
matter beyond all controversy, whenever the Secretary gives an order or
direction for the removal, he is to report his reasons—to whom ? To the
President? No! directly to Congress. Nor is the Bank itself required to
report its periodical condition to the President, but to the Secretary of the
Treasury or to Congress, through the organ of a committee. The whole
scheme of the Charter seems to have been cautiously framed with the deli¬
berate purpose of excluding all intervention of the President, except in the
two cases which have been specified. And this power, given exclusively
to the Secretary, and these relations maintained between him and Congress,
are in strict conformity with the act of September, 1789, creating and esta¬
blishing the Treasury Department. Congress reserved to itself the control
over that department. It refused to make it an Executive department. Its
whole structure manifests cautious jealousy and experienced wisdom. The
constitution had ordained that no money should be drawn from the Treasury
but in consequence of appropriations made by law. It remained for Congress
to provide how it should be drawn. And that duty is performed by the act
constituting the Treasury Department. According to that act, the Secretary
of the Treasury is to prepare and sign, the Comptroller to countersign, the
Register to record, and, finally, the Treasurer to pay, a warrant, issued, and
only issued, in virtue of a prior act of appropriation. Each is referred to
the law as the guide of his duty. Each acts on his own separate responsi¬
bility. Each is a check upon every other. And all are placed under the
control of Congress. The Secretary is to report to Congress, and to each
branch of Congress. The great principle of division of duty, and of con¬
trol and responsibility—that principle which lies at the bottom of all free
government—that principle, without which there can be no free govern¬
ment, is upheld throughout. So, in the Bank Charter, Congress did not
choose to refer the reasons of the Secretary to the President; but, when¬
ever he changed the deposites, the Secretary was commanded to report his
reasons directly to Congress, that they might weigh, judge, and pronounce
upon their validity."
Mr. Binney, in his admirably argumentative review of the rea¬
sons of Secretary Taney, thus meets the claim of the Executive,
not only as it regards the power of the President over the funds,
but, also, that of the Secretary himself.
" The act of the 2d September, 1789, for the establishment of the Trea¬
sury Department, pursues a strikingly different course from acts establish¬
ing other departments. It drops from the title the denomination of Executive
given to the other departments—not by accident, but by design, as the word
46
' Executive' was contained in the title of the bill when reported by com¬
mittee, (see Journal 1st &2d Cong. vol. 1, p. 57,) and, what is more mate¬
rial, it enacts that it shall be the duty of the Secretary ' to digest and pre¬
pare plans for the management and improvement of the revenue, and for the
support of the public credit; to prepare and report estimates of the public
revenue and the public expenditures; to superintend the collection of the
public revenue; to decide on the forms of keeping and stating accounts and
making returns; and to grant, under the limitations herein established, or
to be hereafter provided, all warrants for moneys to be issued from the
Treasury, in pursuance of appropriations by law; to execute such services
relative to the sale of the lands belonging to the United States as may be
by law required of him; to make report and give information to either
branch of the Legislature, in person or in writing, as he may be required,
respecting all matters referred to him by the Senate or House of Represen¬
tatives, or which shall appertain to his office; and generally to perform all
such services relative to the finances as he shall be directed to perform.' The
name of the President is not mentioned in the act, except in the 7th section,
which charges the assistant with the duties of the office, in case the Secre¬
tary is removed by the President; and the bond of the Treasurer, prescribed
by the 4th section, is not to be approved by the President, but by the Secre¬
tary of the Treasury and Comptroller.
" It is not meant to say, sir, that the Secretary of the Treasury performs,
or is hound to perform, no duties of an Executive department, or that, in the
performance of any such duties, he is not subject to direction by tbe Pre¬
sident; but it is meant to say that the Treasury Department is not, in its
control of the Treasury, an Executive department, in the constitutional
sense; and that the direction which is to govern the Secretary, is left, by
the terms of the act, to be settled according to the character of the function
to be exercised. The Secretary is not the head of an Executive depart¬
ment, in the performance of acts which concern the custody and security of
the public moneys in the Treasury. His department is not, in this respect,
a Presidential department. To have placed the custody of the public Trea¬
sury within the Executive department, would have been a constitutional
incongruity, a solecism, to say nothing of the enormous mischiefs to result
from placing the power of the sword and the purse in the same hand. It
would have marred the harmony and simplicity of the whole scheme of the
constitution, by leaving to Congress the duty of paying the debts and pro¬
viding for the common defence and welfare, while the money collected for
these objects was not under their control, but in the hands of a different de¬
partment. It would make, and the adoption of the doctrine does make, the
power of appropriation entirely futile, because the public money is, by
force of it, as little under the control of Congress before appropriation as it
is afterwards; and it gives the control of the public treasure, so far as the
position and distribution of it can give such a control, to a department that
can .wield the whole force of the revenue, against the legislative department
and the people.
" The principle which, it seems to me, sir, must govern this question, and
that which I take the liberty of stating to the House, as the only satisfac¬
tory ODe that has occurred to me, is this—that the right of direction, where
it exists at all, results from official connexion, subordination, and responsi¬
bility, and not from tenure of office. If the duty belongs to the Executive
department, the right of direction is in the head of that department, who is
responsible for the performance of all its duties. If it belongs to the Judi¬
cial department, the right is in the heads of that department—the courts.
If it belongs to the Legislative department, the right of direction is in Con¬
gress. The direction in these several cases, by force of this principle, is in
perfect harmony with the system. It proceeds from official responsibility
47
in the principal, and official duty in the subordinate officer to follow what
the principal directs. The officer is bound to obey the principal, because
the principal is responsible for him in the very matter directed, and his
direction is a justification to the officer who obeys him. Any other prin¬
ciple must produce perpetual conflict and confusion. The attempt to make
a test of the removing power, fails as soon as you apply it. The mar¬
shals are, as to matters of judicial cognizance, directed by the courts, to
whom they are responsible, and for the proper direction of whom the courts
are responsible; yet the courts do not appoint, and cannot remove, the
marshals.
" Sir, the question cannot well arise as to acts plainly prescribed. No
one can assert an authority in the President to direct an act to be done,
which the laws, or the courts in conformity with the laws, direct not to be
done; nor the contrary. It arises only in regard to discretionary acts. But
the same principle regulates duties of every description, and especially
duties which are committed by the law to the discretion of an officer. For
abuse of that discretion, if answerable to anything but the law, he is an¬
swerable to the head of that department to which the particular duty apper¬
tains, and by that department he may be directed. The marshal is, in judi¬
cial matters, answerable to the court; in legislative matters, to Congress;
and in executive matters, to the President. The Secretary of the Treasury,
as it regards the Treasury, is answerable to Congress. To give the Presi¬
dent the right of directing or controlling his discretion in such matters, is
to make the Secretary responsible to the President, who is not responsible
for him. This, sir, is the position upon which the doctrine I maintain may
be safely placed. The President is not responsible for the duties which do
not appertain to his department. His direction is no justification to the
officer to whom the law assigns the duty to be performed, or to whom it has
given the discretion to perform the act or not; he is, therefore, not bound
to obey him, nor excusable for obeying him. Any other principle will give
to the President the right of directing and controlling the discretion of every
officer in the land except the Judges.
" The answers given to these suggestions, sir, are not satisfactory. It is
said, the President has the undoubted right to remove, and may, in this way,
obtain the direction. Certainly the President may thus obtain the direction
of men who prefer their office to their duty; but if he removes, to obtain a
power of direction where he has not the right, he violates his own duty.
The power of removal ought not to be so exercised.
" It is further said, that all powers are legislative, judicial, or executive.
The Secretary's power is neither legislative nor judicial, and therefore it
must be executive, and belong to the Executive department. This is a con¬
fusion of language. The departments of our Government are legislative,
judicial, and executive; and what does not belong to the first two, belongs
to the third. But there are executive acts, that is to say, acts to be exe¬
cuted in the Judicial and Legislative departments, as well as in the Ex¬
ecutive department. An act to be executed in the Judicial department does
not belong to the Executive department. The question of the right of direc¬
tion regards not merely the act to be done, but the relation in which it is to
be done.
" It is again said, that the constitutional power of the President to de¬
mand the opinion, in writing, of the officers of the Executive departments,
touching the duties of their respective offices, shows the dependency of
these officers upon the President, and his responsibility for thern. This
may or may not be so; but it leaves the question, what is an Executive
department, in this sense, precisely where it found it.
" Again : it is said that the President is bound to take care that the laws
are faithfully executed. This proves too much for the argument, as, if it
48
proves anything, it proves that the President may direct the judges as well
as other officers, during pleasure. The supervisory power cannot interfere
with the exercise of discretion in the Secretary, when the law gives it to
him, because the faithful execution of the law consists in the exercise of
his discretion; and whoever disturbs that exercise, violates the law instead
of executing it. It is a power that does not enlarge the President's authority,
but rather declares the result of other powers before given to him in the consti¬
tution. It is corrective, to put aside, where his power is adequate, both disho¬
nesty and incompetency ; but it is not directory nor transcendental, to bring all
the officers and operations of the nation under his sway.
" Finally, it is said, that the power of removal is fairly applied to discharge
an officer who does not do his duty; and how can this be, if the President
cannot decide what is his duty, and, consequently, direct its performance?
Sir, the President is responsible for the use and abuse of his power. If he
exercises it fairly, to remove an officer who does not do his duty, it is well.
But if the discharge is colourably for this, but really to enforce a direction
which he had no right to give, he gains the power he ought not to have, by
the abuse of the power he has."
Upon a review of the acts of Congress, organizing the Ex¬
ecutive departments, no unprejudiced mind, we think, can fail to
arrive at the conclusion, that it was designed to organize the
Treasury Department upon principles of responsibility, different
from those adopted in forming the other departments. It is
obvious that an additional and special responsibility is created
from the officers of the Treasury department to Congress. But
the general supervisory power of the President, growing out of
the power, rightfully, or otherwise, to appoint and to remove
the officer for nonfeasance or malfeasance, has not been taken
away. It seems to us, that the being whose life and death are at
the will of another, is not more dependant than the officer, who
may be made and destroyed by a word from the mouth of a su¬
perior, is dependant upon and responsible to that superior. The
remedy for the evil is in rendering the officer accountable to the
people. But in the view given by Mr. Binney, the responsi¬
bility to Congress and the President are not incompatible—the
power of the one being corrective ; that of the other being direc¬
tory and transcendental. We will not say, however, that the
case is free from all difficulty. If we giant to the President a
directorial power in relation to it, the case becomes one, not of
usurpation, but of abuse, of power. The justification of the course
of the President, then, depends upon the right of the Secretary
and the expediency of removing the deposites. If these be not
established, the attempt of the President to coerce the Secretary
to their removal was an abuse of his power, perverting it to a
purpose for which it was never designed. Upon this hypothesis,
the views of Mr. Calhoun, similar to those of Mr. Polk of the
House of Representatives, may be correct. They are entitled
to the most respectful attention, as coming from a mind emi¬
nently endowed, governed by unquestionable sincerity and purity
of purpose, and long devoted to the science of government.
49
" I have no doubt that the President removed the former Secretary, and
placed the present in his place, expressly with a view to the removal of the
deposites. I am equally clear, under all the circumstances of the case, that
the President's conduct is wholly indefensible; and, among- other objec¬
tions, I fear he had in view, in the removal, an object eminently dangerous
and unconstitutional—to give an advantage to his veto, never intended by
the Constitution—a power intended as a shield, to protect the Executive
against the encroachment of the Legislative department—to maintain the
present state of things against dangerous or hasty innovation, but which, I
fear, is, in this case, intended as a sword, to defend the usurpation of the
Executive. I say I fear, for although the circumstance of this case leads to
a just apprehension that such is the intention, I will not permit myself to
assert that such is the fact—that so lawless and unconstitutional an object
is contemplated by the President, till his act shall compel me to believe to
the contrary. But while I thus severely condemn the conduct of the Presi¬
dent in removing the former Secretary and appointing the present, I must
say, that in my opinion, it is a case of the abuse and not of the usurpation of
power. I cannot doubt that the President has, under the Constitution, the
right of removal from office: nor can I doubt that the power of removal,
wherever it exists, does, from necessity, involve the power of general su¬
pervision ; nor can I doubt that it might be constitutionally exercised in
reference to the deposites. Reverse the present case—suppose the late
Secretary, instead of being against, had been in favour of the removal, and
that the President, instead of for, had been against it, deeming the removal
not only inexpedient, but, under circumstances, illegal; would any man
doubt, that under such circumstances, he had a right to remove his Secre¬
tary, if it were the only means of preventing the removal of the deposites ?
Nay, would it not be his indispensable duty to have removed him? and,
had he not, would not he have been universally and justly held respon¬
sible?"
Such being the views taken in Congress upon the pretensions
of- the President to control his appointees, and the disposition of
the public treasure even before the boundless claim of the protest
and its supplement, it will be readily supposed, that the latter
was not spared, in the remarks of Senators upon those unpre¬
cedented and presumptuous messages. The resolutions in which
the Senatorial debates upon them resulted, were another castiga-
tion of arrogant pretensions, which constitutional heroes, men
impenetrable to everything which should regulate and control
their will, alone, would invoke.
By a vote of 27 to 16, a majority, more than double that on
the former reproof, the Senate resolved:
" That the protest communicated to the Senate, on the 17th, (April,) by
the President of the United States, asserts powers belonging to the President
which are inconsistent with the just authority of the two houses of Congress,
and inconsistent with the Constitution of the United States."
It is not, perhaps, immediately necessary to this branch of our
subject, to advert to the remaining resolution^ adopted on this
occasion by the Senate; yet, as we may not, hereafter, find it
convenient to notice them, we may observe now, that, the right
claimed and exercised by the President to make a formal protest
E
50
against votes and proceedings of the Senate, declaring them to be
illegal and unconstitutional, and requesting the Senate to enter
such proceedings on its journals was repudiated; and his right to
send a protest to the Senate against any of its proceedings, de¬
nied; and Me protest declared a breach of the privileges of the
Senate, and refused a place on their journals.
The communication made by the President on the ISth of
September, 1833, was not designed solely for his Cabinet. In
truth, the Cabinet, the measure of removal having been previously
resolved on, had little to do with it. The members were not
convoked for consultation. The last paragraph of the communi¬
cation, fixing a day for the removal, shows, that it was a foregone
conclusion in the mind of the President. He desired no discus¬
sion. For him all reasons were useless before the
" Sic volo, sic jubeo, stet pro ratione voluntas."
The question concerned the peculiar official duties of no more
than one member, the Secretary of the Treasury; who, it was
now found, had been mistakenly selected for pliancy of will, and
whose zealous party devotion had been, falsely, conceived to im¬
ply an abjectness of spirit, that would suffer, unresistingly, unre-
piningly, any degradation. Had the object of the communication
been, the conviction of the Cabinet, or the Secretary alone, it
would have slept, after the performance of its office of explaining
to them or him, the views of the President. But, it was designed
for an ulterior, if not altogether a different, purpose. It was the
manifesto of the President against the Bank, in which all the rea¬
sons that he and his coadjutors could gather, sound or unsound,
true or false, against the institution, were congregated. It was
the defence of the war, furnished for the use otihe party, before
the, astounded and affrighted country; and was, for that purpose,
published in all the party journals, and most industriously circu¬
lated among the people.
This paper was before the directors of the Bank, on the 24th of
September, and a counter manifesto was prepared, in which, the
Board have ably refuted the charges made against them. The
allegations of the President against the Bank, and all his avowed
causes of the war have been reported by Mr. Taney, as his reasons
for the removal of the deposites;—the defence of the bank has
been adopted and enlarged by the whig speakers in Congress. We
proceed, therefore, to the consideration of the reasons and their
refutation, omitting, for want of space, so much of the President's
message of December, 1833, as relates to the Bank, for which this
would be the appropriate place.
III. The report of the Secretary of the Treasury is divisible into
51
two parts: The first, comprising the principles upon which he
bases his authority, and the second, The facts by which he en¬
deavours to justify its exercise.
The principles or primary propositions are:
1. That, by his removal of the deposites, whether with or
without cause, the Bank of the United States was divested of all
right thereto, and the nation discharged from the contract, with¬
out any violation of faith. Thus, he says,
" The act incorporating the Bank is to be regarded as a contract between
the United States of the one part, and the stockholders of the other; and
by the plain terms of the contract, the stockholders have agreed, that the
power reserved to the Secretary over the deposites, shall not 1re restricted
to any particular contingencies, but be absolute and unconditional, as far as
their interests are involved in the removal. The order, therefore, of the Secre¬
tary, directing the public money to be deposited elsewhere, can in no event
be regarded as a violation of the contract with the stockholders, nor impair
any right secured to them by charter. The Treasury department being en¬
trusted with the administration of the finances of the country, it was always
the duty of the Secretary, in the absence of any legislative provision on the
subject, to take care that the public money was deposited in safe keeping,
in the hands of faithful agents and in convenient places, to be applied, ac¬
cording to the wants of the government. The law incorporating the Bank
has reserved to him, in its full extent, the poyer he before possessed. It
does not confer upon him a new power, but reserves to him his former au¬
thority, without any new limitation. The obligation to assign the reasons
for his direction to deposite the money of the United States elsewhere, can¬
not be considered as a restriction of the power, because the right of the
Secretary to designate the place of deposite was always necessary, subject to
the control of Congress. And as the Secretary of the Treasury presides
over one of the executive departments of the government, and his power
over this subject forms a part of the executive duties of his office, the man¬
ner in which it is exercised, must be subject to the supervision of the officer
to whom the Constitution has confided the whole of the executive power,
and has required to take care that the laws be faithfully executed."
2. By the second position, the Secretary assumes, that whilst
his power over the subject is absolute, that of Congress is divest¬
ed;—the Legislature have alienated it to him; thus,
"The faith of the United States is pledged, (by the 16th section of the
Bank Act,) that the public money shall be deposited in this bank, ' unless
the Secretary of the Treasury shall otherwise order and direct.' And as
this agreement has been entered into by Congress, in behalf of the United
States, the place of the deposite could not be changed by a legislative act,
without disregarding a pledge which the Legislature has given; and the
money of the United States, must, therefore, continue to be deposited in the
Bank until the last hour of its existence, unless it shall be otherwise order¬
ed by the authority mentioned in the charter. The power over the place of
deposite for the public money would seem, properly, to belong to the Legislative
department of the government, and it is difficult to imagine, why the authority
to withdraw it from this bank, was confided exclusively to the Executive, But
the terms of the charter appear to be too plain, to admit of question. And
although Congress should'be satisfied that the public money was not safe
in the care of the Bank, or should be convinced that the interests of the peo¬
ple of the United States imperiously demanded the removal, yet the passage
52
of a law directing it to be done, would be a breach of the agreements, into
which they have entered."
3. The third position is, that, the rightful exercise of this
power of the Secretary is not, even in point of responsibility to
Congress, dependent upon the safety of the deposites, or on the
fidelity of the Bank, in its conduct to the government; but that
it is his right and duty to remove them, if the removal tend, in
any degree, to the interest and convenience of the public.
4. And the fourth and last proposition is, that as the propriety
of removing the deposites was evident, it was consequently his
duty to select the places of future deposite.
The manner in which this duty has been filled, is thus describ¬
ed; the advantages predicted from it, will be considered here¬
after:
44 It became necessary that arrangements should be made with the new
depositaries of the public money, which would not only render it safe, but
would at the same time secure to the government, and to the community at
large, the conveniences and facilities, that were intended to be obtained by
incorporating the Bank of the United States. In order to secure the safety
of the public money, each of them is required, and has agreed, to give
security, whenever the amount of the deposites shall exceed the half of the
amount of the capital, actually paid in, and this department has reserved to
itself the right to demand security whenever it,may think it advisable, al¬
though the amount on deposite may not be equal to the sum above stated.
The banks selected have also, severally, engaged to transmit money to any
point, at which it may be required, by the directions of this department, for
the public service, and to perform all the services to the government, which
were heretofore rendered by the Bank of the United States, and by agree¬
ment, among themselves, to honour each other's notes and drafts, they are
providing a general currency, at least as sound as that of the Bank of the
United States, and will afford facilities to commerce, and in the business of
domestic exchange, quite equal to any which the community heretofore enjoyed."
The facts urged by the Secretary in justification of his exercise
of power, the influence of which, is subsidiary to, and dependent
upon, the foregoing principles, and which he emphatically styles
his reasons, are,
1. That the Charter of the Bank will expire by the existing
law in 1836, and will not be renewed.
2. The unwarrantable reduction by the Bank of its discounts,
and consequent depression of commerce.
3. Mismanagement of the Bank and improper application of
its funds.
4. That the Bank, though a fiscal agent of the government, has
sacrificed to its own interest that of its principal.
5. That the Bank has used its means to obtain political power
and thereby to assure the renewal of its charter.
Having, thus, given a synopsis of the principles and reasons
assigned by the Secretary of the Treasury for the removal of the
deposites, we shall proceed to consider them more fully, in
53
tracing their stormy progress through the two Houses of Con¬
gress, giving the reader the benefit of the Jight which has been
shed upon them in their discussion. But that we may, uninter¬
ruptedly, avail ourselves of the debates, we will first narrate the
disposition of these "Reasons" in either Chamber, together with
some other matters relating to our su'bject.
On the 3d December, 1833,the "reasons" were communicated
to the House of Representatives, and on the succeeding day, to
the Senate. An effort was made by the friends of the adminis¬
tration in both chambers, to divert attention from the Secretary's
defence, to an examination of the conduct of the Bank, on the
Secretary's charges ; and thus, to put the Bank, and not the Se¬
cretary, on trial. This ruse was easily defeated in the Senate,
but cost some trouble in the House, where it was met by those
expedients which the minority can always successfully employ
against a proscriptive majority. In the House, the report was first
referred to the Committee of the Whole on the State of the
Union ; but, with the view, as afterwards became undeniable, of
avoiding judgment, upon the "reasons," and to substitute an in¬
quiry into the conduct of the Bank, for new "reasons" justifica¬
tory of the Secretary's acts, that reference was recalled on the 17th,
and a motion made to refer the Report to the Committee of Ways
and Means; to which Mr. M'Duffie proposed to add, "with instruc¬
tion to report a joint resolution, providing that the public revenue,
hereafter collected, shall be deposited in the Bank of the United
States, in compliance with the public faith pledged by the char¬
ter of the said Bank." This addition, subjected the reasons to
immediate and full discussion, as if referred to the Committee of
the Whole, and gave the early opportunity of enlightening the
country, which those who would preserve its good faith desired.
A wish, almost universal, was awakened in the members, to
debate the subject; and, consequently, it occupied the attention
of the house almost exclusively for two months. In the interim,
Mr. Jones, of Georgia, proposed as a substitute for Mr. M'Duffie's
instruction, "To inquire into the expediency of depositing the re¬
venue, hereafter collected, in all the State Banks in the different
States, where the same is collected, in proportion to their respec¬
tive capitals paid in ; and to prescribe the terms on which the
same shall be deposited ; and to report by bill or otherwise." On
February 18, the debate was closed, by the call of the previous
question, which cut ofi the amendment of Messrs. M'Duffie and
Jones ; and the Secretary's reasons were referred, by a vote of
130 to 98, to the Committee of Ways and Means.
On the 4th March the majority of the Committee made report,
to which four resolutions were appended. 1. That the Bank of
the United States ought not to be rechartered ; 2. That the pub¬
lic deposites ought not to be restored to it; 3. That the state
e 2
54
banks ought to be continued as the places of deposite of the pub¬
lic money, and that it is expedient for Congress to make further
provision by law, prescribing the mode of selection, the securities
to be taken, and the manner and terms on which they are to be
employed ; and 4th,
" That for the purpose of ascertaining as far as practicable, the cause of
the commercial embarrassment and distress complained of by numerous ci¬
tizens of the United States, in sundry memorials which have been presented
to Congress, at the present session, and of inquiring whether the charter of
the Bank of the United States has been violated, and also what corruptions
and abuses have existed in its management: whether it has used its corpo¬
rate power or money to control the press, to interfere in politics, or influence
elections ; and whether it has had any agency, through its management or
money, in producing the existing pressure; a Select Committee be appointed
to inspect the books, and examine into the proceedings of the said Bank,
who shall report whether the provisions of the charter have been violated or
not; and also what abuses, corruptions, or malpractices have existed in
the management of the said Bank ; and that the said Committee be autho¬
rized to send for persons and papers, and to summon and examine witnesses
on oath, and to examine into the offices of said Bank and Branches; and
they are further authorized to visit the principal Bank or any of its branches,
for the purpose of inspecting the books, correspondence, accounts, and other
papers connected with its management or business, and that the said Com¬
mittee be required to report the result of such investigation, together with
the evidence they may take, at as early a day as possible."
On the same day the minority of the Committee also made re¬
port, concluding with the following declaration :
" The minority are of the opinion, that none of the reasons assigned by
the Secretary, in his communication to Congress, are sufficient to justify
the removal of the deposites. They are also of the opinion that it is due to
the Bank to return them, without regard to the sentiment of the House,
upon the subject of recharter. They are further of the opinion, that the si¬
tuation of the country requires immediate action by Congress, to restore
public confidence and to prevent a derangement of the currency : And they
express to the house their settled conviction, that these objects will not be
attained, if the public deposites are left in the State banks. They think,
besides, that the universal voice of the country, requires that something
shall be immediately done for public relief, and that the resolutions pro¬
posed by the committee, will only aggravate the existing evils, instead of
providing a remedy.1'*
The resolutions reported by the Committee were debated, al¬
most daily; such members as had been precluded from the dis¬
cussion on the reference, by the previous question, availing them¬
selves of the opportunity now afforded, to review the whole
ground. This lengthened debate, which had been commenced
by Mr. M'DufEe on the 19th December, was finally closed on
the 4th of April, after another address of the same gentleman, by
* In this great controversy, names become important, as authority for facts,
at least, if not for inductions. The Committee of Ways and Means consist of
Messrs. Polk, Wilde, Cambreleng, Gorham, M'Kim, Binnev, Loyall, M'Kinley
and Hubbard. The minority was composed of Messrs, Wilde of Georgia, Gor¬
ham of Massachusetts, and Binney of Pennsylvania,
55
the invocation of the previous question, which was sustained by
a vote of 114 against 105. Complaints have been uttered against
this forcible sealing of the lips of the minority. But the time
which had been given to the subject, and the ample manner in
which it had been treated, take from the justice of these re¬
proaches, and leave perhaps little cause to regret the sudden ter¬
mination of the discussion, except so far as it prevented the ex¬
position before the House of the views of Mr. John Quincy
Adams.
The opinions of this gentleman, from his virtues, his services,
his experience, and his intellectual qualifications, are entitled to
profound respect from a grateful people. Indignities offered to
him, are offered to the nation, and stain indelibly the party and
the agent by whom they are perpetrated. From his representa¬
tions, the truth of which none question, the decorum due to him
has not been observed.
On presenting to the House the resolutions of the legislature
of Massachusetts, in relation to the slate of the currency and the
removal of the deposites, Mr. Adams, to save time and to admit
the reception of other memorials, confined himself to a few gene¬
ral and indispensable remarks, expressly stating, that he hoped
at a suitable time, to be indulged with the opportunity of offering
his views upon one of the resolutions, in which the legislature
had declared, its opinion that the reasons of the Secretary for the
transfer of, the public funds, were insufficient to justify the mea¬
sure. It was not until after three unsuccessful attempts, on three
different days, and after an expostulation with the Speaker, as ear¬
nest as it was necessary, that Mr. Adams was enabled to obtain a
hearing for the legislature of Massachusetts; and he was then in¬
debted for it "to the courtesy of a member from South Carolina,
who, on the fourth day of a discussion allowed by the Speaker
under his administration of the rules of the House and of the lex
j)arliamentaria, by the judicious admixture of which two au¬
thorities, all the proceedings of the House solve themselves into
the will of the Speaker, was entitled to the floor, upon certain re¬
solutions of the legislature of Virginia
On the day of the#previous question, at the instant when Mr.
M'Duffie resumed his seat, Mr. Adams addressed the Speaker,
with the intention of delivering his opinion on the subject before
the House, which was, precisely, that of the legislature of Mas¬
sachusetts, upon which he had given notice o'f his desire to be
heard. The Speaker's eye and ear were in another direction,
and he gave the floor to a member from Virginia, who by agree¬
ment concerted out of the House, was to move the previous
question. Fortunately for the country, Mr. Adams, thus denied
a hearing before the representatives of that nation over which he
had presided with distinguished honour, in discharge of his duty
56
to the legislature of Massachusetts and to his constituents, resorted
to the press, to make public the remarks which it was his inten¬
tion to address to the national council.* Supposing the exclusion
to have been undesigned, it is to be lamented, that it has the co¬
lour of premeditation; if it were intended, it will be a blot in our
history.
On putting the question, it was divided, so as to fake the vote,
separately, on each .resolution. The House determined, 1. That
the Bank ought not to be rechartered, by a vote of 135 to 82 ;
2. That the public deposites ought not to be restored to the Bank,
by a vote of 119 to 104; 3. That the State banks ought to be
continued as the places of deposite, &c., by a vote of 117 to 105;
and, 4. That a committee of investigation should be appointed, by
a vote of 174 to 41. The following gentlemen were named
on this Committee: Mr. Thomas of Maryland; Everett of Mas¬
sachusetts; Muhlenburg of Pennsylvania; Mason of Virginia;
Ellsworth of Connecticut; Mann of New York; and Lytle of
Ohio. The party thus audaciously avoided, and have pertina¬
ciously and successfully continued to avoid, taking the sense of
the House of Representatives upon the sufficiency of the Secre¬
tary's reasons.
This disposition of the reasons of the Secretary and report of
the Committee did not terminate the debate upon the subject.
It was continued until the 16t'n May, without bounds to its ex-
cursiveness, upon a resolution of Mr. Mardis of Alabama, propos¬
ing that "the Committee of Ways and Means be instructed to in¬
quire into the expediency of reporting a bill requiring the Sec¬
retary of the Treasury to deposit the public moneys of the United
States in the State Banks; and also as to the expediency of de¬
fining by law, all contracts, hereafter to be made with the Sec¬
retary, for the safe keeping, management, and disbursement of the
same," and upon amendments suggested to this resolution.
The amendments and resolutions were then withdrawn by the
movers, a bill upon the same subject having been reported to the
House, and referred to the Committee of the whole.
In Senate on the 26th December, Mr. Clay, on the considera¬
tion of the report of the Secretary of the Treasury on the removal
of the deposites, offered and sustained, beside the resolution we
have already noticed censuring the conduct of the President,
another, declaring, " that the reasons assigned by the Secretary of
the Treasury for the removal of the money of the United States de¬
posited in the Bank of the United States, and its branches, com¬
municated to Congress on the 3d day of December, 1833, are un¬
satisfactory and insufficient." The debate on these resolutions
continued almost without intermission, until the 4th of February,
* Introduction to Mr. Adams's printed speech.
57
when that relating immediately to the Secretary, was referred to
the Committee on Finance, Mr. Webster, chairman, who made
report thereon, on the succeeding day, in which, a review of the
reasons of the Secretary closed with a recommendation to the
Senate to adopt the resolution which had been referred to them.
The discussion was thence protracted, until 28th March, when
the resolution was adopted by a vote of 28 to 18.
On the 28th May, Mr. Clay offered two joint resolutions in
Senate; the first declaring the reasons of the Secretary for the
removal of the Deposites insufficient and unsatisfactory ; and the
second directing that the public moneys accruing on and after the
1st July, 1834, be deposited with the Bank of the United States,
pursuant to the charter. The faithful party sentinel, Mr. Benton,
whose great powers serve but to repel all accord of others in his
measures, sought, vainly, to avert this direct blow. The first re¬
solution was passed on the 3d June by a vote of 30 to 16,
and the second, on the succeeding day, by a vote of 28 to 16.
Being sent to the House of -Representatives, they were, on
June 13, on the motion of Mr. Polk, laid on the table, there to
sleep in oblivion. Thus, again, to use a term of Mr. Lytic, the
majority has skulked the question, of the sufficiency of Mr.
Taney's reasons; and though effectually sustaining his measures,
they dared'not meet the responsibility of a vote justificatory of
them.
Pending this long debate, in which many of the Representa¬
tives, pledged to the party, denied the distress of their constitu¬
ents, the people were not idle in taking constitutional measures
for their own relief. They met in primary assemblies, by hun¬
dreds, by thousands, and by tens of thousands, and in energetic
petitions and remonstrances, claimed from Congress the restora¬
tion of the deposits to the United States Bank, and the re-charter
of the institution. The legislatures of many States, also added
their representations to like effect. Every mail, from the north,
the east, and the west, came laden with these expressions of pub¬
lic opinion. Nor were the leaders of Jacksonism indolent in the
support of their idol,—but the intoxicatip^ from the Circean cup
of which their partisans had drunk was passing away; and sober
reason and sad reality, were chasing the phantastic visions of
"glory;" and the rolling drum no longer drew to the waving
banner, blinded and devoted agents.* Those who came to the
call, had, an eager and inquiring temper, and their numbers, as
reckoned upon the petitions to Congress, were but as one to eight
of their adversaries. Whole states, as Connecticut, and Rhode
Island which had been subjected to party thraldom, threw off the
yoke, and everywhere the demonstrations of a renovated and
indignant spirit became apparent.
* From Pennsylvania the petitioners to the Senate for restoring the depo¬
sites, amount to 36,700; those against the restoration to 571!
58
Committees from the people; instructed in their grievances,
came personally, to the seat of government, to present their views
to Congress and the president. By the latter, they were, for a
short season, received with tolerable courtesy : but, the undis¬
ciplined, arrogant, and irrepressible temper of the military chief¬
tain, could not long brook the complaints and remonstrances of
those who were suffering beneath his policy. His impatience
and anger were displayed iu rude manners and captious ques¬
tions; in violent and abusive denunciations of the Bank, and
reiterated assertions of its insolvency. Commanding the peti¬
tioners to seek relief at the hands of the president of the institu¬
tion, he mocked their distresses, declaring, that the failures which
afflicted the country, were only amongst the stock-jobbers, brokers
and gamblers, whom he wished to God were all swept from the
land—that he had never doubted that brokers, stock-speculators,
and all who were doing business on a borrowed capital would
suffer severely, under the effects of his measures, and that, all
such people ought to break concluding with vociferations
"that he would never restore the deposites, would never re-char¬
ter the United States Bank, or sign a charter for any other Bank,
so long as his name was Andrew Jackson."
These undignified scenes were made known to the people ;
and their effect was to arouse them, still more, from their delu¬
sion, and to make them blush for the deportment of the first offi¬
cial of the country. This was soon perceived by the party, and
it was resolved, rather than longer to expose their chief to inter¬
views and occasions, for which he had shown himself so unequal,
to resort to a measure, alike unwise and desperate—to close the
doors of the first magistrate of the nation, against the delegates
of the people, charged to communicate their griefs, to remonstrate
against their causes, and to enlighten and reclaim their author.
For the first time, in a free country, a chief magistrate refused to
listen, in person, to the voice of his constituents.
Early in the session, the President nominated to the Senate,
the directors whose subserviency had furnished him with mis¬
representations as a I^sis for criminal accusations against the
bank. The Senate, in concurrence with the public sense on the
conduct of these gentlemen, rejected them on the 27th February,
1834. The subject, in the mean time, with which these nomi¬
nations were connected, having undergone a full and elaborate
investigation, the decision could not fail to satisfy the President,
that the Senate entertained decisive objections to the confirma¬
tion of these persons, and the journals showed him, that, each
had been rejected by a majority of the whole Senate. Notwith¬
standing these facts, he with selfish tenacity of purpose, and utter
disregard for the sentiments of the Senate, renominated the same
persons on the 11th March. A long remonstrance against the
act of the Senate, accompanied this renomination, with an intima-
59
tion, that if the nominees were not approved, no others would be
named, and that the bank would, therefore, be without gov¬
ernment directors.
In his message, the President disclaimed, indeed, in terms, all
right to inquire into the reasons of the Senate for rejecting any
nomination; yet he, distinctly, inferred, from facts and circum¬
stances, what those reasons must have been, and controverted, at
large their validity. If, as the President, jus'tly admitted, he
could not inquire into the reasons of the Senate for refusing its
assent to his nominations, it is obvious that such reasons could
not be, with propriety, assumed, and made subjects of comment.
This inquisition and rebuke was, therefore, a new instance of
overweening presumption, which, in a dignified manner, was re¬
proved by the Committee, to whom the message was referred,
and their recommendation that, the Senate do not advise and con¬
sent to the appointment of the persons thus renominated, was
adopted, by a large majority.
Subsequently, the President, nominated other gentlemen as
directors of the Bank, who, with the exception of one, distin¬
guished for partisan activity and devotion fo the party chief,
were duly approved.
The Committee appointed to investigate the affairs of the Bank,
under the resolution proposed by the Committee of Ways and
Means, assembled in Philadelphia on the 23d April. A Com¬
mittee was appointed of seven members of the Board of Direc¬
tors, of which Mr. John Sergeant was chairman, to receive the
Committee of the House of Representatives, and to offer for their
inspection, such books of the Bank as might be necessary to ex¬
hibit the proceedings of the corporation according to the re¬
quirements of the charter—and due arrangements were made for
the accommodation of the investigators at the Bank.
The nomination of this Committee, the chosen and legal agents
of the Bank, was viewed with apprehension and dislike by the
investigators, " which soon grew into a conviction, that it had
been appointed to supervise their acts, and to limit and restrain
their proceedings, not according to the directions contained in
the resolution of the House, but according to the will and judg¬
ment of the Board of Directors." That will and judgment was
determined, however, by the proper rules, the requirements of
the charter. With singular inconsistency, too, the investigators
complain, that, the exhibition of the books and papers had riot
been committed to the more appropriate agents, the president
and cashier, whose duty required them to be always present at
the Bank, when in the same breath, they also complain, that the
president of the Bank as an ex officio member of the exhibiting
Committee, jore-occupied with them, the room assigned to the
investigators. In a word, these latter gentlemen appear to have
CO
been confounded by tbe appearance of resolution, on the part of
the Bank, whilst it yielded all that could be required from it,
under the charter, to resist firmly, every effort of illegal search
made with the view solely to criminate the directors.
In two investigations, previously made into the affairs of the
Bank, it had submitted, without reserve, to every possible mode
of inquiry ; for every possible purpose. Congress had not as¬
sumed a hostile position against it, and the directors felt full con¬
fidence in the disposition of the national legislature to do them
justice, against any efforts, illegally, to impeach their characters,
or arraign their conduct. At the last investigation, they were
applicants for a re-charter, and they could not object to any
latitude of inquiry demanded by a House of Congress favour¬
ably disposed to their wishes, provided the result of the exami¬
nation should be satisfactory. Instead, therefore, of placing them¬
selves upon their rights, they opened all their books and papers
to unconditional inspection and unreserved examination. The
inquiry was pushed into every matter of alleged abuse, and
wherever it was supposed, the Bank was vulnerable. Nothing
was spared; nothing field back. Books and papers were sub¬
mitted, and personal examinations on oath were endured, although,
avowedly for the purpose of discovering matters of inculpation
against the directors. The materials thus collected, were spread
before Congress, and the people, even by the exertions and the
expense of the Bank ; and a majority of both Houses of Con¬
gress united in the passage of a bill for re-chartering the institu¬
tion.
But, a very different state of things had succeeded this trium¬
phant vindication of the integrity of the Bank. The hostility of
the administration against it had become desperate and reckless,
—its insolvency was falsely proclaimed—the most beneficial con¬
dition of its contract with the nation was violated by withholding
the deposites—a majority of the House of Representatives elected
before the passage of the late Bank bill, were pledged to the en¬
mity of the administration, and had declared their opinion, that the
Bank ought not to be re-chartered, nor the deposites restored.
To sanction this opinion, known, unquestionably, to be opposed
to that of the nation, charges of the most unwarrantable designs,
and the most corrupt practices were alleged against the directors,
to sustain which, per fas aut nefas, there was but too much rea¬
son to believe the present Committee of investigation had been
raised.
Whilst the bank was, in every object of legal inquiry, bound
by its charter, and willing to co-operate, it was its right and its
duty to resist every mode of inquisition for the crimination of
the directors, more especially, as every essential matter of incul¬
pation, now brought forward, had already been examined into,
61
and passed upon, by Congress. From the measures of the ad¬
ministration and the majority of the House of Representatives,
the objects of the committee of investigation could not easily be
mistaken. But those objects are exhibited, in letters of light,
by the minority of that committee, men distinguished alike for
sound morals and cultivated minds. " They think, that no
candid person, contemplating all the circumstances of the case,
from the first demonstration of a policy on the part of the
Executive, hostile to the bank, down to the recent measures, in
support of that policy in the House of Representatives, will deny,
that its object was the overthrow of the institution, and the im¬
peachment of its directors, before the bar of public opinion, if
not before that of the judicial tribunals of the land, of gross
malpractices, corruptions and frauds ; and that the inquiry to be
conducted by the committee, was proposed to be one of the
measures to promote that end. So far from this being denied,
they understand it to be, not only admitted, but claimed as a
merit, on the part of the friends of* the present administration of
the National Government."
In what spirit could such a design be met by honest ahd honour¬
able men, conscious of their probity and of their ability to protect
this valuable possession against invasion ? For, it is against such,
this disreputable inquisition is directed. The bank is a mere legal
abstraction, incapable of virtue or crime. Its directors are the
responsible agents—charged with a most cruel and perfidious de¬
sign to bring universal distress upon the country for paltry and
selfish ends—and for promoting these, with corrupting the con¬
ductors of the press, corrupting the people in the exercise of the
elective franchise, and corrupting the members of Congress.
Are they to submit to the charge without a murmur—to admit
the existence of a prima facie case against them? Does the
strong and indignant feeling that their characters are outraged,
while their rights are invaded, call upon them, voluntarily to
take the culprit's place and endure the ignominy of an unwar¬
ranted and 'vexatious inquisition? Or is it not rather the natural
dictate of proud and conscious innocence to place themselves
.upon their rights, beneath the aegis.of the law?
' To ascertain those rights we must inquire what powers belong
to the committee of investigation, under the charter to the bank.
By the twenty-third section of the act incorporating the bank,
it is made lawful for a committee of either house of Congress, to
inspect the books and to examine into, the proceedings of the
corporation, and to report whether the provisions of the charter
have been violated, with a view to the trial of the viblation, by
a proper judicial tribunal. A committee of investigation, under
this section, js authorized to visit the bank, inspect the books,
examine into its proceedings, with the view to report, whether
62
the charter has been violated. This power to inspect books and
papers, is given, altogether, by the charter and would not other¬
wise have been possessed by the House, and is to be exercised,
solely, for purposes recognized by the charter.
Congress, as the grand inquest of the nation, have the power,
independent, and above the charter of the bank, to inquire, by
committee or otherwise, into any alleged abuse or corruption
whatever; and for such purpose, to send for and examine per¬
sons, books and papers. But, the inquiry, under this power,
must be conducted according to the general principles of law.
A committee authorized under the provisions to inspect books,
&c. for a purpose recognized by the charter, cannot use them for
a purpose not so recognized.
If two committees be appointed by the House, one for charter
objects, and the other for general inquiry, they cannot amalga¬
mate or interchange their functions. So, if one committee be
appointed for a two-fold purpose, it cannot use the means ex¬
clusively appropriated to one, in order to accomplish the other.
The committee of investigation having the powers of a spe¬
cial and general committee, it is important to know what are
the powers of a general committee of inquiry. It is more easy,
however, to say, what fhose powers are not, than what they are.
And the very statement of the powers which the committee have
not, will be in itself sufficient to establish their exception.
Be it premised, that this general power extends to all persons,
individual and corporate, and is no more applicable to the Bank
of the United States than to any other bank. It is not an absolute in¬
quisitorial power—it does not authorize a committee to prosecute
a secret inquiry of indefinite character, after any, and every
abuse, probable or possible—it does not extend to the right of
inspecting the books granted for one purpose, alone, so as to
authorize the inspection for purposes totally different—it gives
no power to issue warrants of general search and compel the ap¬
pearance of citizens and the production of papers, not in the
proof or disproof of charges against third persons, by evidence,
of which they are legal depositaries, but in order to enable the
committee to discover, by such papers, whether those who bring
them, are not themselves guilty of misdemeanors—to institute
a general search and compel the citizens on oath to purge them¬
selves, if innocent, and criminate themselves, if guilty, and to
bring with them, their papers to be ransacked in a roving hunt
for unspecified crimes. Against such enormities, the Constitu¬
tion provides ample protection.
The majority of the committee assumed, that the twenty-third
section of the charter gave them authority to examine into all
books and proceedings of the bank without exception, and for
any purpose; admitting, however, that there was a restriction on
63
the committee, which had reference, not to the extent of the ex¬
amination, but to the character of the report. That is, that the
examination might be for any purpose, although the committee
were restricted to report(t whether the provisions of the charter
were violated or not," If this be true, it is also extraordinary
that so boundless a power should be given for so limited a
purpose.
With this notice of the rights of the committee we are pre¬
pared to judge of their proceedings and those of the bank.
The first object of the committee of investigation seems to
have been, to obtain absolute and exclusive possession of all the
books of the bank, or at least of such as they might deem neces¬
sary. To this end, they called for a list of the books, with an ex¬
planation of the purposes for which each was designed, and the
names of the clerks to whose custody they were respectively
committed. This was a preliminary step to a precept to be ad¬
dressed to the clerks, to take possession of the books. But the
object was defeated ; the exhibiting committee furnishing the
list, and declaring the books to be in the general custody of the
board.
To this end also, the committee of investigation sought to
obtain exclusive possession of a room in the banking house,
offered by the directors for their accommodation during the in¬
spection of the books; notwithstanding the exhibiting committee
had expressed their intention to withdraw whenever the com¬
mittee of the House desired to deliberate. But the visiting com¬
mittee, declaring their proceedings confidential, until otherwise
ordered, resolved that they would " conduct the investigation
withbut the presence of any persons not required or invited to
attend.'1
This claim of secret session was objectionable ; 1st, As unpar¬
liamentary, no committee of inquiry being empowered to sit in
secret, unless constituted a secret committee by express order of
the house. 2d, As withdrawing the books of the bank from the
custody of the directors, a power not given by charter, that re¬
served or granted, being only to inspect the books, whilst this
was a right wholly- to obstruct, and bring to a stop the ordinary
proceedings of the bank ; in fact to suspend the charter. A right
to inspect the books no more involves a right to take possession
of them, than a right to count the money in the vaults involves
the right to take possession of it. It is vain to urge, that the
possession of the books would not be abused; since, the very
purpose for which they were requested was the greatest possible
abuse—being that of a general search, to ascertain in general
form, not only, whether the charter had been violated, but
whether there were corruptions and abuses in its management;—
64
to do that, as a general committee of inquiry, which could only be
done, if at all, under the special authority of the charter.
Exclusive possession of the books of the bank being thus de¬
nied in the banking house, the committee took a step still more
objectionable; returning to their hotel, they sent a written re¬
quest to have such books, out of the bank, at their private lodg¬
ings. This was of course declined, for the same reason as the
grant of exclusive possession of the room, as well as for other
causes, among which, was exposure to injury in the streets and in
a public hotel. So important was it deemed, that the books
should not be taken from the bank, that a special provision was
requisite in the charter, to authorize the court, on the trial of a
scire facias against the bank, to require the production of the
books in court.
The propriety of the refusal of the bank, to suffer their
books to leave the banking house, soon became obvious to
the committee of investigation, and they determined again to
repair to the banking house to inspect them. A notice of
their intention to visit the bank, on the 5th May, at one
o'clock, was communicated to the chairman of the exhibiting
committee at his dwelling-house, when the committee was not in
session, and a short time before the hour appointed. He imme¬
diately informed the chairman of the investigating committee
that it would be impracticable to re-assemble the committee of
directors in season to submit the books for inspection on that
day, but that they would be re-assembled without unnecessary
delay. Notwithstanding, the committee were thus apprized,
that their visit would be without result, they persisted to make
it, with, apparently, no other motive than to form an issue between
them and the bank. Proceeding to the bank, they demanded, for¬
mally, certain books of the President and Cashier, who declined
compliance, on the ground, that they were not in their custody,
but in the custody of the committee, to whom they had been
committed by the board. This was but another effort to obtain
exclusive possession and control of the books.
Satisfied, at length, that the books of the institution would not
be abandoned to them; and probably, convinced of the propriety
of the course pursued by the Directors, the committee of investi¬
gation acquiesced in it, and without waiving their right to require
the books at their lodging, they again repaired to the banking
house, to the room set apart for their accommodation, where, on
the 7th of May, they resolved to examine into the truth of the
statement made by the Government directors to the President
and Congress ; and called for the inspection of the minute books
of the board, the expense books and vouchers of expenses incur¬
red.
It became, now, necessary for the Bank to take the ground
65
which it had, doubtless, resolved to assume, immediately after
the adoption of the resolutions reported by the committee of ways
and means. Adverting to the wide inquiry proposed by the
committee of investigation, embracing, among other things, an
extensive examination of the acts, transactions, accounts and let¬
ters of individuals, and thus instituting a kind of general search,
which was the more objectionable, if it had any purpose at all,
because it must be to criminate those individuals, as well as the
Bank, the committee of directors declared it their duty, by all
lawful means, to protect the rights and sacred confidence entrusted
to their keeping; to yield nothing by "consent, which could
not be legally demanded from them; and, that, the inquiry which
'could only be rightfully extended to alleged violations of the
charter should be conducted on some certain principles. They,
therefore, proposed, that the committee of investigation, when
calling for books and papers, for inspection, should state, specifi¬
cally, in writing, the purpose; if to establish a violation of
the charter, then to state, specifically, in writing, what are the
charged violations, to which the evidence is supposed applicable;
and that the committee of investigation should furnish a specifica¬
tion of all charges intended to be inquired into, and proceed with
them in order as stated. Thesd propositions were rejected by the
committee.
The call, now made, for certain books of the Bank, was to
enable the committee to examine into the truth of the statement
supplied by the Government directors; embracing matters, that
neither are, nor are alleged to be, violations of the charter; and,
consequently, upon the principles already stated, the directors
not being required to submit their books for inspection, they
were refused ; and the refusal was fully sanctioned by the board.
Other requisitions were made by the committee of investigation
covering a wide range of inquiry of the most miscellaneous cha¬
racter; such as documents, which, in whole, or in part, had been
already communicated to Congress; papers relating to matters
which could not be stated without great labour of compilation and
resort to sources of knowledge, not necessarily, nor officially, in
the possession of the Bank—matters, with respect to which no
desire of concealment, could, on any hypothesis be imputed to
the Bank,—and others, involving the highest confidence of indi¬
viduals, not to be divulged, except under legal compulsion, with¬
out the grossest breach of faith. These reasons, in connection with
the object for which the requisitions were made, constrained the
board to refuse compliance with most of them.
Two of these requisitions merit particular notice, as showing
in the most conclusive manner, the spirit of the inquiry. The
first required copies of all correspondence between the president
of the Bank or any of its officers and members of Congress and of
f 2
66
unanswered letters received from any one of them, since the first
day of July, 1832, touching the renewal of the charter of the
Bank, the removal or restoration of the public deposites, or touch¬
ing the business transactions of such members with the Bank.
The second demanded, a detailed statement of all loans made, since
the first of January, 1829, to individuals, who were then, or have
been since, and now are, members of Congress, stating the amount
of each loan; when made; the security; and time when given;
the security now holden and amount still due, from each borrow¬
er, or person for his benefit, at the Bank, or either of the branches;
and stating, also, the particulars of any such loans which have
been protested, or which are now under protest, and the names
of the parties to any such debts; also the names, if any, of any
such persons, whose notes have been renewed after the same be¬
came due, and not protested, or renewed, with the names of indi¬
viduals, parties to said renewals, whose notes were under protest
at the time such renewals were made: and also whether such
loans were made by the directors or otherwise, and by what au¬
thority.
There can be no difficulty in comprehending the scope of these
requisitions. They express, distinctly, a charge of bribery and
corruption, in which the directors of the Bank and members of
Congress were parties, and from their minuteness seem to regard
special individuals. Is it to be tolerated, even in the fiercest
political warfare, \hat such crimes shall be insinuated against the
most respectable and conspicuous men in the country ; and that,
at the sacrifice of every principle of delicacy and honour, a gene¬
ral and indefinite inquisition shall be made into the transactions
of the representatives of the people, in hope, that chance may
supply some facts to sustain the monstrous charge of corruptibility
which the President has dared to make against them ? The
monstrosity of this proceeding is the more apparent, when it is
known, that not more than four members of Congress had dealings
of any character with the Bank, and that those were altogether
free from suspicion. " If individuals are, on clear grounds, sus¬
pected of being thus corrupted; if the Bank, on reasonable grounds
be suspected of this highest breach of privilege, let such indivi¬
duals be named; the charge-stated in form; the culprit brought
to the bar of the house; and the guilty punished. But, let not
the whole body of both houses be involved in one indiscriminate
and odious, because vague and anonymous, delation." If the
house, ruled by party, were not wanting in a proper sense of its
own dignity, the committee would be in danger of incurring the
extremity of its indignation for this gross breach of privilege.
The call for the correspondence of all members of Congress
with the Bank, is wholly unwarranted by law. It has long been
settled, " that to ransack private studies, in order to search for
67
evidence, and even without a previous charge on oath, is con¬
trary to natural justice as well as to the liberty of the subject.
To search a man's private papers, ad libitum, and even without
accusation, is an infringement of the natural rights of mankind."
It was not the least detestable of the cruel violations of justice
and law which brought Sidney to the block, that he perished in
consequence of a manuscript political treatise, brought to light by
a general search among the papers of his cabinet. How much
more, then, would the liberties of the citizen be outraged by a
general warrant to compel the production of all the letters which
may have been written by a class of individuals for two years, in
order to a search of the same, with the view to the institution of a
criminal prosecution against the writers or receivers?
Upon the same ground, may. be placed the call upon the Bank
for the amount of fees paid to counsel, and of the accommodations
given at the Bank to editors and publishers of newspapers and
periodical works. Of payments for services to the Bank, or loans
to customers, the directors and the stockholders are the proper
judges. These are matters with which Congress have nothing to
do, and about which the committee had no right to inquire. As
well might the accounts of all employees of the Bank, and of all
its customers, who are not converts of Jacksonism, be subjected
to investigation, on the ground that they were bribed by payment
of their services and by loans, to vote against the administration.
The remark is not out of place here, that counsellors and editors
open to bribery, are quite as likely to be bought, by wages and
accommodations from other banks, as from the Bank of the
United States; and political patronage, as at present exercised,
and as developed by the late investigation of the Post-Office
transactions, is a source of corruption, to say the least, quite as
powerful as the favour of a monied institution.
For refusing compliance with requisitions such as these, the
directors of tbe Bank have been charged with contemning the
authority of the House of Representatives. But, as authoritative
form was not given to the requisitions, they, in respectfully de¬
clining compliance, cannot be legally charged with contempt.
The committee of investigation were resolved, however, to take
measures, if possible, to place the directors of the Bank in that
predicament, that they might more effectually lay the basis of
further persecutions; or failing, to subject them to the process of
contempt, to make a case which might serve to. abuse the public
mind.
Resort was therefore had to the subpoenas furnished under
the seal of the House of Representatives. They, thereby, on the
9th May, directed the marshall of the Eastern District of Penn¬
sylvania to summon the president and thirteen directors of the
Bank, to attend at their committee-room, on the next day at
68
12 o'clock, at noon, to testify of the matters of which the com*
mittee was authorized to inquire, and to bring with them certain
books, therein named, for inspection. The parties appeared in
pursuance of the writ, and delivered in writing, their answer to
the requisition ; stating, that, they did not produce the books of
the Bank, because, they were not in the custody of either of
the witnesses, but in that of the board of directors, and that, being
corporators and directors they were parties to the proceedings,
not bound to testify, and therefore, they, respectfully, declined
so to do.
The right of the committee to issue the subpoena, as well as the
mode of service, might well be questioned. Objection, however,
was, momentarily and with protest, waived, on the appearance of
the parties. But the requisitions were wholly inadmissible. To
compel the production of the books, all the directors, or at least,
the committee, in whose eharge they had been temporarily placed,
should have been specially summoned. And though, if the right
thus to obtain the books were valid, any book might be required;
yet the call for the credit books of the Bank, showing the accounts
of every individual with the institution, displayed an utter
disregard for the rights and feelings of third persons. The call
upon the directors to testify, required them to criminate or purge
themselves on oath; for the avowed object of the subpoena was
to inquire "whether a criminal prosecution shall be instituted."
Such a requisition is, unquestionably, unlawful. And we have
already seen, that, for such a purpose the books could not be
legally demanded. But, whilst the directors protested against the
right of the committee to examine them, they declared, they had
no knowledge, which, if a necessary regard to their duty and the
rights of others permitted, they would not willingly expose with¬
out reserve.
The process resorted to on this occasion, " unlike any known to the hu¬
mane jurisdiction of the present day, is in their most odious features identi¬
cal with the general warrants of the dark ages of English liberty, and the
writs of assistance which first kindled the spirit of resistance in the Ame¬
rican colonies. It is a process to compel the good people of the United
States to produce their books and papers, and submit them to a general search
in proof of crimes not charged, but suspected ; to be enforced by attachment,
imprisonment, and infinite distress—a search of books, a search of papers,
a search of accounts, a' search of letters, and an examination on oath of the
persons implicated, touching the matters whereof they are suspected—a
process differing in nothing from that issued under the First Charles and
Second James, for which, among other things, Scraggs was impeached;
and which the House of Commons in 1763, after full argument, solemnly,
resolved to he illegal."
Thus baffled in a most iniquitous purpose, the Committee of
Investigation returned to Washington and made report of their
proceedings, terminating with resolutions: 1. That', by the Bank
Charter, the right was reserved to either House of Congress, by
69
committee, to inspect the books and examine the proceedings of
the Bank, as well as to ascertain, if, at any time, it had violated
its charter; 2. That, the resolutions of the House of 4th April,
1834, for the appointment of a committee, was in accordance with
the charter, and the power of the House; 3. That, the President
and Directors of the Bank refusing to submit the books, &c., have
contemned the authority of the House; 4. That, either House of
Congress has the right to compel the production of such books,
&c. ; and also to compel the President and Directors of the Bank
to testify to such interrogatories as are necessary to a full and per¬
fect understanding of the proceedings of the Bank, at any period,
within the term of its existence;' 5. And that, the Speaker of the
House issue his warrant for the President and thirteen Directors,
(designated by name,) and bring them to the bar of the House, to
answer for their contempt of its lawful authority.
The minority of the committee, Messrs. Edward Everett, and
William W. Ellsworth, who had throughout the whole inquiry
dissented from their colleagues, on the principles and modes by
which it was pursued, also made a repbrt, in which, they ably
sustained the Directors of the Bank in their proceedings, and from
which, we have abstracted much of what is here given. Their re¬
port concluded with the following declaration.
" Firmly believing that they are innocent of the crimes and corruptions
with which they have been charged, and that if guilty, they ought not to be
compelled to criminate themselves, we are clearly of the opinion, that the
Directors of the Bank have been guilty of no contempt of the authority of
the House, in having respectfully declined to submit their books for inspec¬
tion, except as required by charter."
Being now prepared to discuss, uninterruptedly, the reasons
of the Secretary, we shall take them up, seriatim, in the order
he has placed them, commencing with what we have termed the
principles on which he founds his power.
First, then, he claims that, by the contract between the Bank
and the United States, absolute and unconditional power is
given to the Secretary over the public deposites, so far as the
interests of the Stockholders is involved in them. The error of
this position lies in the misconstruction of this contract; and as
this is the source whence the administration must derive the de¬
fence of its acts, it demands full consideration.
All agree, that the charter is a contract which cannot be vio¬
lated by either party, and more especially by the stronger, with¬
out a breach of good faith. It will serve us much, in ascertaining
the nature of the contract, to inquire, what were the objects sought
by the creation of the Bank. These were, first, the acquisition of
a fiscal'agent, an auxiliary to the treasury, necessary and proper
for the purposes.of the government,—in the language of the char¬
ter, " to give the necessary facilities for transferring the publie
70
funds from place to place, without charge; for distributing the
same in payment of the public creditors;" and for performing
" the several and respective duties of the Commissioners of Loans
for the several states." And secondly, the regulation of the
currency, the fulfilment of one of the most important duties of
sovereignty, involving the aggregate and individual interests of
the people. Both these objects have been effectually attained.
To the first, all parties bear testimony. We have already given
ample evidence of the attainment of the second ; but this may be
rendered more apparent, by contrasting the condition of the cur¬
rency at the period between the dissolution of the first Bank of
the United States, and the incorporation of the second, with its
condition at, and for a long time preceding, the withholding of the
deposites. The effect of the state of the currency in 1814, is thus
stated by Mr. Dallas, 17th October, 1814, in his letter to Mr.
Eppes, chairman of the Committee of Ways and Means, of
the House of Representatives:
"The condition of the circulating medium of the country, presents an¬
other copious source of mischief and embarrassment; the recent exporta-
tions of specie have considerably diminished the fund of 'gold and silver
coin ; and another considerable portion of that fund has been drawn by the
timid and the wary, from the use of the community, into the private coffers
of individuals. On the other hand, the multiplication of banks in the seve¬
ral states, has so increased the quantity of paper currency, that it would be
difficult to calculate its amount, and still more difficult to ascertain its value,
with reference to the capital on which it is issued. But the benefit of this
paper currency, is, in a great measure lost, as the suspension cf payments
in specie, at most of the banks, has suddenly broken the chain of accommo¬
dation that previously extended the credit and the circulation of the notes,
which were emitted in one State, into every State of the Union. It may,
in general, be affirmed, therefore, that there exists at this time, no adequate
circulating medium common to the citizens of the United States. The
monied transactions of private life, are at a stand, and the fiscal operations
of the government, labour with extreme inconvenience."
In the report of this eminent statesman of the 3d of December,
1816, he observes—and his observations were prophecy—
" The treasury has been compelled to accept the payment of duties and
taxes, in the local currency of the respective places of payment.
"The comparative value of the local currencies appeared, in some degree,
to render this course of payment unequal; but the alternative was either to
adopt it, or to abandon the hope of collecting the revenue in any convertible
medium, for satisfying the public engagements. The rule was, therefore,
declared, that the Treasury would receive and pay, in the notes of banks cir¬
culating at par, at the respective places of receiving and paying. For a
time, the test of the fact, that the notes did circulate at par, was the agree¬
ment of the banks employed as the depositories of the revenue, to credit
them as cash in the Treasurer's accounts. But when the principal hanks
withdrew that accommodation, and refused to credit as cash any bank notes but
those which they had themselves respectively issued, the fact of the circulation
at par was necessarily left to its own notoriety, and to the official responsi¬
bility of the collectors. Few notes, except the notes of the local banks,
71
continued to circulate at par; and such as did so circulate were received by
the banks upon special deposite, for safe keeping; and constituted a discre¬
dited fund, upon which the Treasurer could only occasionally draw.
" The treasury has been involved in the difficult and delicate task of de¬
signating the medium, in which the warrants drawn by the heads of Depart¬
ments should be respectively paid.
"The revenue is collected throughout the Union, but the amount of the
collection is very different in different places; and it has happened, not un-
frequently, that the demand for payment was the greatest where the means
of payment were the least.
" The Treasury has been compelled to increase the number, and extend the
range of banks employed as the depositories of the public revenue, with con¬
sequences unavoidably inconvenient and injurious.
"As soon as the differences of the current value of bank notes were intro¬
duced, and particularly when one bank refused to credit, as cash, a deposite
of the notes of another, the Treasury was driven to a choice of expedients;
that is, either to take the hazard of the accumulation of masses of revenue
in the hands of the individual collectors and receivers, or to recognise, as
J daces of deposite, the banks (being, however, banks of unquestioned so-
idity,) established in the districts which were most affected by the course
of exchanges. Manypowerfql reasons led to an adoption of the latter mea¬
sure ; instructions were issued to the collectors and receivers to act accord¬
ingly; and the number of banks thus necessarily employed by the Trea¬
sury, from Maine to Louisiana, may be stated at ninety-four.
" To the inconveniences incident to this multiplication of the places of
deposite, was added the complexity inevitably arising from the various
kinds of paper in circulation as money, upon some of which minute calcu¬
lations were required. Generally speaking, the Treasury has with each
bank four accounts:
" An account of cash, meaning (in the absence of coin) the local cur¬
rency.
" An account of special deposites of bank notes, being notes issued by
banks, other than the depository.
" An account of special deposites of Treasury notes, bearing interest.
"An account of deposites of small Treasury notes, not bearing interest.
" Owing to this untoward condition of the machinery for the collection,
custody, and distribution of the revenue; to the great extension of the busi¬
ness of receipts and.expenditures, and to several accidental causes; the
punctual statement and settlement of the Treasurer's accounts have not been
found practicable."
The loss sustained "by the United States from this deranged
state of the currency, from broken banks alone, between 1814
and 1819, is nearly a million and a half of dollars. "The receipts
into the treasury during the five years were $198,000,000. Of
this amount $68,000,000 were received from .loans and treasury
notes, and $93,000,000 from customs; upon none of which was
there any loss. The whole amount of loss accrued on the collec¬
tion of $36,000,000 received from the public lands, internal reve¬
nue, direct taxes, and incidental receipts, and was more than one
thirty-sixth part accruing from these sources in five years."*
"This, however, forms but a small portion of the loss to the
government. If all that was lost by the extravagant price paid
* Mr. Wilde's speech on the removal of the deposites, 18th March, 1834.
72
for loans, by the sale of treasury notes, at a discount, and' by the
premium paid on exchanges, or the interest allowed for the ad¬
vances of current money, were taken into the account, the sum
would be swelled to many millions."*
For further effects produced by the enormous and depreciated
issues of the State banks, immediately after the dissolution of the
first Bank of the United States, we refer to Mr. Gallatin's article
on banks and currency (see 16th No. of the American Quarterly
Review). These effects, and especially their great cause, the sus¬
pension of specie payments, he states, " would not have happened,
at the time when they took place, had the former Bank of the
United States been still in existence. The exaggerated increase
of State banks, would not" have occurred. That Bank would, as
before, have restrained them within proper bounds, and checked
their issues ; and through the means of its officers, would have
been in possession of the earliest symptoms of the approaching
danger. It would have put the treasury department upon its guard ;
both acting in concert, would, certainly, have been able, at least,
to retard the event; and, as the treaty of peace was ratified within
less than six months after the suspension took place, that catastro¬
phe would have been altogether avoided."
For the loss to individuals, during the first period we have
named, we again refer to the luminous and erudite statements of
Mr. Wilde.
" Still, the loss to the Government sinks into utter insignificance com¬
pared with that to individuals. During the years '15 and '16, the exchange
between our different cities varied from 5 to 25 per cent., the ordinary pre¬
mium for specie being from 10 to 20 per cent. The amount of our domestic
exchanges may even then be estimated at not less than $200,000,000 per
annum; they are now much more. If we estimate the difference of ex¬
change, paid on these $200,000,000, at only 5 per cent, on an average, the
industrious classes were taxed, annually, ten millions, for the benefit of banks
and brokers, on their domestic exchanges!"
And now for the contrast, as exhibited in the same address,
and in our preceding remarks at pages 20, 21.
" The excellence of the Bank of the United States, as latterly conducted,
consists in the facility and stability it has given to domestic exchanges.
The transfer of funds from place to place, for the purposes of the public
expenditure, are as nothing compared with those demanded by the exigen¬
cies of commerce. The burden of transmitting the public money under a
system of unequal exchanges would seem to be much less than the advan¬
tage, iri the shape of premiums, to be derived from such exchanges on the
remittances of commerce. But the people would have a just right to com¬
plain, if the institution sacrificed their interests to its own, by levying a tax
on their exchanges beyond the fair equivalent for interest, trouble, postage,
and insurance. Under a judicious course of policy, therefore, domestic
exchange has latterly been equalized. The remittances of commerce are
made subservient to the transmission of the public funds, the deposites of
* Mr. Wilde's speech on the removal of the deposites, 18th March, 1834.
73
the public funds have, in their turn, furnished the means of extending
greater facilities to commerce; while the public, in the sum originally paid,
and in the duties, subsequently performed by the Bank, received ample
compensation for the privileges bestowed on it."
With this view of the objects of the Charter, we proceed to
consider the Charter itself, or the special contract by which these
were to be attained. We have stated the duties of the agent, and
the services which it contracted to perform, to which, however,
we must add, the payment to the United States of one and a half
millions of dollars, in regard to which, we believe, there is no
difference of opinion. It remains to determine what were the
covenanted considerations for such services. These we take to
be, 1. The exclusive privilege of banking under the authority of
Congress, with certain exceptions mentioned in the Charter.
2. The acceptance of its notes in payment of duties. 3. The
reception of the deposites during the term of the Charter. The
latter consideration is the only disputed one. If it be a con¬
sideration for the services of the Bank, it cannot be supposed
that its enjoyment was to be wholly at the discretion of any one.
The enjoyment, however, had its condition of which we shall
fully speak. Are the deposites a consideration for services ? Are
they part of those privileges and benefits for which the Bank
covenanted to pay, and did pay, one million and a half of
dollars ?
Let us suppose the deposites to average, as is commonly esti¬
mated, continually, the sum of eight millions per annum, The use
of this sum, as banking capital, at five per cent, only, is worth
to the Bank 400,000 dollars per annum, which for twenty
years, the term of the Charter, produces eight millions of dol¬
lars, at simple interest. The sum remaining constantly in the
Bank may be less or more; but whatever it be, it is sufficiently
large to show, that it must have been a consideration with the
Bank, in forming the contract; and if nothing more, was deemed
a compensation for the bonus.
It is, however, denied by the Secretary and the party, " that
the custody of the deposites is a consideration of the services of
the Bank." We have already noticed the Secretary's views upon
this subject, which are thus supported by the Corepheus of the
party, Mr. Polk, in the House of Representatives. " It was no
part of the Government's contract with the Bank, that the de¬
posites should remain in its custody during the whole period of
its existence; on the! contrary, it was expressly stipulated that
they might be withdrawn by the Secretary, at will. Nor was
any reason stated as the ground of removal. It was not neces¬
sary to render the removal lawful, that the deposites should be
unsafe in the hands of the Bank; other reasons might operate to
produce the Secretary's determination." This effort to maintain
one asseveration by another is most successfully prostrated by
74
the reasoning of the minority of the Committee of Ways and
Means.
" The power of removing the public deposites is granted or reserved by
the 16th section of the Bank Charter, to be exercised by the Secretary of
the Treasury, for reasons to be communicated to Congress. This power is
not absolute or unconditional, in regard either to the Bank or to the country.
Absolute and unconditional power does not reside in any department of
Government. Congress hold their own power under the condition of con¬
forming to the principles of justice, as well as to the restraints or limita¬
tions contained or prescribed in the Constitution. They cannot grant an
absolute and unconditional power to any officer of Government for any pur¬
pose of Government. The broadest discretion they can give, must be sub¬
ject to the implied condition of being exercised in conformity with the Con¬
stitution, the laws, the rights of individuals, and the principles of natural
justice. Above all, they cannot, in the absence of express declaration, be
presumed to have given an unconditional power to an officer of Government
to affect rights and privileges conferred or sanctioned by law.
" Various suggestions are made to sustain the position that the exercise
of the Secretary's power, whether for good reasons, or for no reasons at all,
determines the right of the Bank to the deposites, and leaves the nation free
from all reproach of violated faith.
" It is said that he is authorized to act, before he gives his reasons
to Congress; and his act, therefore, has validity, whatever may be his rea¬
sons. The efficacy of his act to remove the deposites is not the question.
Whether his reasons be good or bad, his order is, in the first instance, to
be respected; but if he is bound to have good reasons, and his reasons
have not been good, the subsequent communication of them will show that
his act was unjust at the time; and if Congress do not rescind it, they will
sanction the injustice. There are innumerable instances in which an order,
right or wrong, must be respected when it is given; yet when it is subse¬
quently shown to have been wrong, the injustice is declared, and the ag¬
gressor punished.
"It is further said, that the Bank has paid nothing for the use of the de¬
posites, and therefore has no right to them that may not be revoked at plea¬
sure, and that the bonus and other expenditures in the public behalf have
been paid by the Bank for the privilege of exclusive banking, and for the
benefit of having their notes received in all payments to the United States.
If the deposites be a benefit, (and of this there can be no doubt,) the 20th
section of the Charter shows that the bonus was given for that benefit as
much as for any other. The language of the section is general. The pay¬
ment is " in consideration of the exclusive privileges and benefits conferred
by the act," and this is one of them. Whether the receipt of the notes in
public payments is really a benefit to the Bank, has been much doubted.
That it is a benefit at all comparable to that of having the deposites, cannot
be maintained. The obligation of the United States to receive these notes
was absolute and unlimited in the Charter of the first Bank, which did not
pay any bonus at all; and in the present Charter, for which a large bonus
was paid, the engagement to receive them is subject to the pleasure of Con¬
gress. The great difference in benefit of the respective Charters of the two
banks is, that in the first there was no stipulation for the public deposites,
and the Bank paid nothing for its Charter; whereas, in the present Charter,
the case is otherwise in both particulars.
" Another suggestion to show that the power of the Secretary over the
deposites is absolute and unconditional, is, that the power of Congress to
repeal the guaranty of the notes is so. The difference between the cases
is, that the Secretary must have reasons for his direction, as the 16th sec-
75
tion expressly declares, whereas the 14th section, in regard to the notes,
makes no such qualification of the powers of Congress.
" It is again said that the power given to the Secretary by the 16th sec¬
tion is his old, or former power, which was absolute and unconditional as it
regarded every depositary with whom the public money was placed, and
therefore, the present power must be the same. If the power given by the
16th section is the old power, the House is possessed of the Secretary's
opinion as to the extent of it. The language of the Secretary's letter is as
follows : ' The Treasury Department being intrusted with the administra¬
tion of the finances of the country, it was always the duty of the Secretary,
in the absence of any legislative provision on the subject, to take care that
the public money was deposited in safe keeping, in the hands of faithful
agents, and in convenient places, ready to be applied according to the wants
of the Government. The law incorporating the Bank has reserved to him,
in the fullest extent, the power he before possessed. It does not confer
upon him any new power, but reserves to him his former authority without
any new limitation.' It is unnecessary to dispute the position that the
power in the 16th section is the old power in this sense; for the power in
the 16th section is not only admitted, but asserted to go to the very extent
which the Secretary claims for the old power, and no further; namely, to
the extent that the safety of the deposites, and their distribution in conve¬
nient places, require. Such a power is obviously neither absolute nor un¬
conditional. But independent of this definition of his own power by the
Secretary, it seems to have been overlooked by the committee, that the pre¬
sent power is to be applied to divest a right; whereas the former power was
exercised over the possession of depositories who had no right whatever.
The control of the Treasury Department over the public moneys, until the
charter of the present Bank, was universally a question between the Trea¬
sury and Congress ; it is now a question between the Bank and Congress."
In this conclusion of the minority, we submit, that no lawyer,
no honest and enlightened man, untrammelled and unbiassed by
party, can fail to concur. Their views are similar to those enter¬
tained by the Committee on Finance of the Senate, who say:
"The opinion of the Secretary is, that his power over the deposites, so
far as respects the rights of the Bank, is not limited to any particular con¬
tingencies, but is absolute and unconditional. If it be absolute and uncon¬
ditional, so far as respects the rights of the Bank, it must be absolute and
unconditional in all other respects ; because it is obvious, if there be any
limitation, that limitation is imposed as much for the benefit of the Bank as
for the security of the country. The Bank has contracted for the keeping
of the public moneys, and paid for it, as for a privilege or benefit. It has
agreed, at the same time, that the Secretary shall possess the power of re¬
moval ; but, then, it is also agreed, that whenever this power is exercised,
the reasons therefor shall be reported to Congress; Congress being thus
constituted the final judge as well of the rights of the Bank, in this par¬
ticular, as of the good of the country. So that, if the Secretary's power be
in truth absolute and unconditional, it restrains Congress from judging
whether the public good is injured by the removal, just as much as it re¬
strains it from judging whether the rights of the Bank are injured by the
removal; because the limitation, if any, is equally for the security of the
bank and of the public.
" If the Bank be interested in retaining the deposites, then it is interested
in the truth or falsity, in the sufficiency or insufficiency, of the reasons
given for their removal. Especially is it so interested, since these reasons
76
are to be rendered to a tribunal which is to judge over the Secretary, and
may form a different opinion on the validity of these reasons, and may re¬
verse his decision. It clearly has an interest in retaining the deposites,
and, therefore, is as clearly concerned in the reasons which the Secretary
may give for their removal. And as he is bound to give reasons, this very
circumstance shows that his authority is not absolute and unconditional.
Because, how can an appeal be given from the decision of an absolute
power; and how can such a power be called on to give reasons for any in¬
stance of its exercise! If it be absolute, its only reason is a reference to its
own will.
" The committee think, therefore, that no absolute and unconditional
power was conferred on the Secretary ; that no authority was given him
by which he could deprive the Bank of the custody of the public moneys,
without reason; and that therefore his opinion is not to be admitted that, in
no event, can any order for removing the deposites impair the right secured
to the Bank by the Charter. If removed without good cause, the committee
think the removal does impair the rights of the Bank."
An attempt is made by the Secretary and the party to support
his interference by precedent ; and reference is had to the acts
and assumptions of Mr. Crawford, particularly, to his letter of
the 13th February, 1817, to the President of the Mechanics
Bank of New York; in which, certainly, a power as extensive
as unwarranted, was claimed b}^ that, gentleman, over the public
funds. "The Secretary of the Treasury," he says, " will al¬
ways be disposed to support the credit of the State Banks, and
will invariably, direct transfers from the deposites of the public
money, in aid of their legitimate exertions to maintain their
credit. But as the proposition of the Bank of the United States,
excludes the idea of pressure on its part, no measures of that
nature appear to be necessary." No power is given by law,
thus, to use the public treasure ; and Mr. Crawford mistook his
rights and duties when he claimed authority to dispose of it in
supporting the credit of State banks. But a broad distinction seems
to run between all the acts of the past and present administrations.
Wherever extraordinary powers were assumed, by the first, they
were used, temporarily, in aid of the law and public weal ; but
by the last, to the permanent increase of the Executive power,
and to the public detriment. And we might observe, if the pre¬
cedent were admissable, that Mr. Crawford's is distinguished
from the present case, by the essential feature that his transfers
were made with the consent of the Bank.
But Mr. Crawford was armed with extraordinary powers to
compel the resumption of specie payments, by resolution of 30th
April, 1816, requiring him to adopt such measures as he might
deem necessary to cause the duties and moneys payable to the
United States, to be paid in legal currency, and prohibiting
after a given day, the receipts in any other medium.
"It appears by Mr. Crawford's letter of 10th December, 1817, to the
Speaker of the House of Representatives, assigning his reasons for not
transferring the deposites from some of the State and District banks to the
77
Bank of the United States, that he entertained doubts whether the provi¬
sions of the 16th section of the bank charter did impose the obligation of
transferring to the Bank of the United States the deposites previously made
in the local banks. He did, nevertheless, communicate his reasons for or¬
dering and directing otherwise than that the deposites should be made in the
Bank of the United States, whether they had been previously deposited in
the local banks or not. A single moment of reflection will show that the
transfer of deposites from local banks, not paying specie, to the Bank of
the United States, which could pay in nothing but specie, must have been
made under this resolution of Congress of 30th of April, 1816, and upon
principles altogether inapplicable to the present case. The object of the
Secretary of the Treasury was, by one and the same operation, to compel
the local banks to resume specie payments, and to withdraw from them the
public deposites, to place them in the Bank of the United States. That
Banjc could receive them only as equivalent to specie, for so only was it
bound by its charter to pay them out. It was impossible, then, effectively
to withdraw them, but by a simultaneous resumption of specie payments
by the banks from which they were to be withdrawn.
To obtain their assent to this twofold measure, then, Mr. Crawford felt
himself justified in givingtliem assurances of all the aid from Government
necessary for its accomplishment; and particularly that in effecting the
transfer of the deposites from their vaults to those of the Bank of the United
States, there should be no advantage taken of them by any unnecessary
pressure which should render the operation injurious to them. There can
be no doubt that he was fully justified in giving them these assurances.
To the liberality with which the bank of the United States co-operated to
the accomplishment of these purposes, the letter of Mr. Crawford, of 10th
December, 1817, bears signal testimony.
It is equally certain that indulgences were afterwards extended to several
of the local banks, beyond what was warranted by law. They furnished
the grounds of investigations and inquiries by both Houses of Congress,
and, at one time, of direct charges made by Ninian Edwards against Mr.
Crawford. The letters of that officer of the 25th of February, 1823,
(p. 66,) to the Senate, of the 24th of February, 1823, (p. 72,) to the chair¬
man of a committee of the House of Representatives, and of the 8th May,
1824, (p. 76,) to the chairman of a committee of the House, appointed to
investigate the charges of Ninian Edwards, exhibit statements of several
instances in which he had caused deposites to be transferred to the local
banks for the purpose of sustaining them. In justification of the practice,
he alleges frequent instances in which it had been resorted to, during the
interval between the first and second Banks of the United States; and he
cites, as analogous cases, several instances of delays to the payment of
custom-house bonds, during the existence of the first Bank of the United
States. But so far as such proceedings ever had taken place as expedients
to rescue banks from danger, the committee of the House of Representa¬
tives, upon the charges of Ninian Edwards, expressly declare that this is no
legal employment of public funds ; it is nothing but a gratuitous loan." *
But, the selection of precedents by the Committee of Ways
and Means of the House, is not more extraordinary than those
adduced by Mr. Forsyth, of the Senate. " The first is a resolu¬
tion offered in the House of Representatives, in 1817, never acted
upon, and carrying with it no other authority, than the unsup¬
ported opinion of the mover, who was the honourable gentle¬
man himself. He proposed that the Secretary of the Treasury,
be directed, to withdraw the deposits ; directed, not by the
* Printed speech of Mr. J. Q. Adams.
Gr 2
78
President, but by Congress. The second was a resolution offered
in the House, by Mr. Spencer of New York, never acted upon,
by which the Secretary was ordered to withdraw the deposites.
The third was an extract from Mr. M'Duffie's report, in 1830,
averring that the Secretary, with the sanction of Congress, has
the power of removing the deposites, for various reasons. And
thus, propositions to give a peremptory order by a superior, were
cited to maintain the claim of the subordinate Secretary, to un¬
limited and exclusive power. Mr. Forsyth explained, that he
had not adduced these precedents to show, that the Congress had
no power, but that the Secretary had. He thought that Con¬
gress also possessed the power of removal, and so far differed
from the Secretary; and thus took from the latter, the only
pretence that had the colour of justification, namely ; that his ac¬
tion was a condition precedent to the action of Congress. Ano¬
ther gentleman, but of the lower House, Mr. Wise, of Virginia,
who has the happy faculty of combining qualities, which most
persons believe have little affinity for each other, and who, upon
his own report is " most distinctly" a friend of the administra¬
tion, and undisguisedly and decidedly a friend to the constitu¬
tional power of Congress, to incorporate a bank, and who has
treated this subject with much naivete and peculiarity, has pro¬
tested against the doctrine that Congress has divested or can
divest itself of its power, in favour of the Secretary, and has
declared, after mature reflection, that the Secretary is bound to lay
before Congress, financial reasons alone, for the removal of the
deposites, and that none of his reasons are good financial reasons.
This brings us to the consideration of the second general pro¬
position of the Secretary.
II. That Congress had wholly stript itself of all power over
the deposites, having conveyed it to him. The replies of the
Committees of the several Chambers are equally conclusive upon
this as upon the former proposition.
Thus the minority of the Committee of Ways and Means of
the House, say :
"It is finally said, that the power of the Secretary is absolute and uncon¬
ditional, because Congress have given to him their whole power, reserving
none whatever to themselves to touch the deposites until he shall have re¬
stored their power to them. This argument begs the question in dispute.
The Secretary supposes himself to be an independent judge in this matter,
whereas the minority suppose, that he is merely the agent of Congress.
His power in the premises is a part of their power entrusted to him as their
representative. Though he may use it for sufficient reasons, Congress may
use it also for the same reasons. The restraint upon the exercise of his
power is imposed by the right of the Bank, and this is all the restraint that
is imposed upon the right of Congress. If the Bank has no right, as the
committee appear to assert, upon what ground can the right of Congress be
denied? If the power reserved to the Secretary, by the 16th section, is
neither more nor less than the old power, how is it possible to deny the
79
right to Congress to control the deposites, under the charter, if Congress
had any right to control them before the charter ? It is worthy of deep re¬
flection, that the argument put forward by the committee, to sustain the
Secretary's reasoning, has carried them to the extent of asserting that Con¬
gress abandoned the public treasure to the Secretary and the Bank beyond
the possibility of recall.
" The minority state their opinion to the House, that the power of the
Secretary over the deposites in the Bank depends for its just exercise upon
the existence of adequate causes; that the Bank had a direct and immedi¬
ate interest in them, and is entitled to an impartial decision upon them;
that an unjust decision upon them will be a violation of the charter, and a
stain upon the public faith ;■ and that the Secretary's position, that his power
is absolute and unconditional in regard to the Bank, is an unwarrantable as¬
sumption of power, instead of a just interpretation of that which has been
given."
And the minority thus meet the allegation of the Secretary,
that the manner in which his duties are exercised, must be sub¬
ject to the supervision of the President.
" In the execution of this power, the Secretary was the agent of Con¬
gress, and not of the President. He derived the power from Congress ;
he is to report his reasons for using it to Congress. The act of the Secre¬
tary in removing the deposites is neither actually, nor by construction, the
act of the President, nor are the reasons of the President a satisfaction,
either in effect or form, of the requisition of the Secretary to report his
reasons. The exercise of this power affects the public treasure, which
Congress directed to be placed in the Bank of the United States. The
treasure is the treasure of the people, the custody and control of which be¬
longs to the Legislature and to the agents of the Legislature. The custo¬
dy of the Legislature is exclusive of the Executive Department. The
custody of the Bank, as the agent of the Legislature, is equally exclusive.
The power of the Secretary is, in like manner, exclusive. The Chief
Executive Magistrate has no constitutional authority to raise revenue, or to
take it into his official possession when raised, or to direct who shall pos¬
sess it, or to interfere with a direction or authority in this behalf, proceed¬
ing from Congress, any more than he possesses authority to direct by whom
the public money shall be used and consumed. The Secretary cannot be
relieved from the duty of accounting to Congress by any order of the
President; nor can the reasons of the President be imposed upon him as a
guide, nor be offered to Congress as an excuse. The discretion which is
given by the charter, is given to the Secretary alone. The order of remo¬
val must come directly from the Secretary; and if it came from the Presi¬
dent alone, it would be null and void.
The power of the President to remove the Secretary of the Treasury is
no reason for holding that the Secretary is under the direction of the Presi¬
dent in the exercise of the discretion conferred by the charter. The Presi¬
dent may remove the Secretary whether he performs or does not perform
his duty. The legal power to do it is as perfect in the one case as the
other. The mere existence of the power does not consequently imply the
right of direction or control. The constitutional duty of the President, to
see that the laws are faithfully executed, requires him to see that an officer
to whom the law confides a discretion is permitted fairly to exercise it. A
law which confers a'discretion upon one officer, is violated, instead of be¬
ing faithfully executed, by compelling him to submit to the discretion of
another officer. If the President has in this matter, directly or indirectly,
controlled the discretion of the Secretary, the law has not been faithfully
80
executed, and his act has been a violation both of the law and of the con¬
stitution."
III. The third position of the Secretary is, that his power over
the deposites, does not depend upon their safety, nor upon the
fidelity of the Bank; but may be exercised, if their removal tend,
in any degree to the interest and convenience of the public.
But for a true view of this pretension we refer again to the
report of the minority of the committee of Ways and Means.
" The only adequate cause for removing the public deposites, must
be a cause affecting the safety of the public moneys in the Bank, or their
distribution for the public service. Such a cause alone directly concerns
the subject upon which the power is to be exercised. It is the only cause
of which the functions of his office and his relations to the Bank authorize
and enable the Secretary to judge, and which is of such a nature as to re¬
quire immediate action without a previous reference to Congress. It is the
only cause which would justly deprive the Bank of the use of the public
moneys after having paid for it. It is the only cause which Congress could
safely submit to the discretion of the Treasury, without abandoning to that
officer the whole scheme of public policy in regard to a National Bank.
1. A cause that does not directly concern the subject upon which the
power is to be exercised, must regard the public moneys as an instrument,
and not as an object of the power. To comprehend such a cause, the charter
must be construed to give the Secretary an unlimited choice of the objects
to be attained by the custody of public moneys; for as none are pointed out
by the charter but those of mere custody and transfer, the instant that these
cease to be the only objects of the power, we are without any limitation.
Whether the purpose of the Secretary be local or general, whether it be to
make money dear or cheap, to regulate or disturb exchanges, to promote or
retard public works, to increase or diminish the amount of bank discounts,
to excite or counteract political movements, each and all of these objects
must be within the discretion of the Secretary, if any of them are.
2. That the Secretary should be entrusted with a power necessary to pro¬
tect the Treasury itself, or to meet the demands upon it, is reasonable. If
the public moneys are exposed to danger, he must first perceive its approach,
and would be best able to measure its extent. He also, from his official
position, must know the direction which public engagements require to be
given to the means of satisfying them. The power, which either danger or
the public credit makes necessary, is one that does not admit of delay,
whether Congress be in session or not. The action required, to be effectual,
must be in some cases instantaneous. The grant or reservation of such a
power to the Secretary of the Treasury was necessary and proper. But if
the public moneys were to be made an instrument for effecting an ulterior
object, no reason can be imagined why the power of using them should be
given to the Secretary rather than to the President, or why it should be
given to either instead of being left to the action of Congress. That nothing
but the safety and distribution of the national treasure were the lawful ob¬
jects of the Secretary's power, is conclusively shown by the circumstance
that the " Act to establish the Treasury Department," the very moment
that the Secretary gave the order not to make the deposites in the Bank of
the United States, placed them in the hands of the Treasurer, who could
lawfully make no disposition of them, but to keep them securely, to be dis¬
bursed according to law. A removal of the deposites for any purpose, ex¬
cept to place them in this custody, would be not only a violation of the
rights of the Bank, but of the functions of the Treasurer as created by law."
81
IV. The claim of the Secretary, of right, to select the future
depositaries of the public treasure, when withheld from the
Bank of the United States, falls with his pretension to withhold
them. If he could not take them away, he could not place
them elsewhere. But no portion of this great case calls for
more consideration, than the employment of the substitutes for
the Bank of the United States. It may be regarded as to the
right and the result.
The right of choosing depositaries of the public funds, when
such funds are not legally gaged, is claimed, with much spe-
ciousness, as pertaining, ex officio, to the Secretary of the Trea¬
sury. This right is derived, by implication, from the Acts of
1789 and 1792, authorizing the Secretary to superintend the col¬
lection of the revenue, and to direct the superintendence of the
collection of duties on imports and tonnage, as he shall judge
best. If there be danger in attaining power by implication and
construction, (and who shall deny it) can our apprehensions be
more properly aroused than by this far fetched deduction which
puts at the disposition of the Secretary, and now distinctly
avowed, at the will of the President, all the moneyed power of
the nation ? And yet, for many years this enormous power was
silently acquiesced in, as was the irresponsible disposition of the
funds of the post office. By the Treasury practice, the monies
of the government were lodged wherever the Secretary direct¬
ed. But circumstances, heretofore, so ruled his discretion, that
no danger flowed, or was apprehended, from it.
The first Bank of the United States was incorporated, 25th of
February, 1791, and furnished a safe place of deposite, almost
as soon as the government had a dollar to guard : and though
not required by law, that Bank became, and continued, the
depositary, with inconsiderable exceptions, until its extinction
in 1811. Upon that event the funds remained in the hands of
the Secretary, and were deposited by him where he deemed
most convenient. The single mindedness of Mr. Madison,
which admitted no idea of personal or party influence to mingle
with his patriotism—the integrity and intelligence of Messrs.
Gallatin, Dallas, and Crawford, which left no doubt of the pur¬
pose for which they employed their powers—the war of 1812,
which gave superabundant employment to all the departments
of the government, prevented an inquiry into the legality of
these powers, which, though assumed, had not been abused.
When that period, rendered so disastrous to the finances of the
country, and entailing upon its resources the fiscal burdens,
which are but just removed, in consequence of the want of a na¬
tional Bank, was terminated, a proper and safe depositary was
provided by law for the funds of the government, in the Bank of
the United States, in nine-tenths of the places where they
82
accumulated. For their disposition in the remaining tenth,
there was little regard; and, they may have been supposed, in
the custody of the proper officer, the Treasurer.
The proper duly of the Secretary is to superintend the col¬
lection of the revenue. The duty of the Treasurer is "to
receive and keep the moneys of the United States, and to dis¬
burse the same on warrants drawn by the Secretary of the Trea¬
sury, countersigned by the proper officers, and recorded accord¬
ing to law. He is required to give bond, in the sum of one
hundred and fifty thouaand dollars, conditioned for the faithful
performance of the duties of his office, and for the fidelity of
the persons to be by him employed. It is the Treasurer,
therefore, who is to choose the place of deposite ; and he is the
best officer, in theory, as well as the only officer, by the law,
to perform the act; because the doctrines of general convenience
and interest are not so like to reach him. His object will be
security, and his bond is the motive for obtaining it. If there
be a treasury practice, which has displaced the Treasurer, the
practice should be made to conform to the law, or the law to
the practice. As the case now stands, the money of the United
States is not deposited where it is, by direction, and under the
sanction of the law. It is placed in the deposite Banks by an
officer who has not the authority so to place it; and in case of
controversy, it may possibly be found, not only that the bond
of the Treasurer is of no avail, but that, remedies for the loss
or detention of the deposites, are not to be obtained in the name
of the United States, or in the courts of the United States; but
in private names, and in State courts, with all the contingen¬
cies incident to litigation in this form. Whatever may be the
practice, it is not becoming, that the treasury of the United
States should be in any predicament, but that, precisely, in
which the law has given its direction to place it."*
But where did the Secretary get authority to contract with
the State Banks? It would seem as if every step of this officer
was to be over some broken pillar of the law. He was autho¬
rized by no law to make such contracts: nay, he was expressly
forbidden by the Act of 1st May, 1820, for the regulation of
the departments, which provides, Sec. 6, that no contract shall
thereafter be made by the Secretary of State, or of the Trea¬
sury, or of the Department of War, or of the Navy, except
under a law, authorizing the , same, or under an appropriation
adequate to its fulfilment; and excepting, also, contracts for
the subsistence and clothing of the army or navy, and contracts
by the Quarter Master's Department, which may be made by
the Secretaries of those Departments.
We now proceed to consider the result of the selection of
* Speech of Mr, Binney.
83
the State Banks, as the depositaries of the public treasure. In
other words, to consider the probable operation of the system
proposed by the administration. This may be done with the
greater propriety, that the system is, now, fully developed.
Mr. Taney and the Committee of Ways and Means concur,
in declaring, that by the adoption of the State Banks, as the
fiscal agents of the General Government, a sounder state of the
currency, than that lately existing, might soon be obtained.
This leads, immediately, to the inquiry into the actual condi¬
tion of the State Banks. The information attainable on this
subject, is neither so full, nor correct, as is to be desired; yet,
it is sufficient to enable us to form a tolerable correct judgment.
From the returns, collected by Mr. Wilde, of the House of
Representatives, it appears that there are, in round numbers,
four hundred and fifty Banks in the States, districts, and terri¬
tories; with an aggregate capital of one hundred and forty-six
millions of dollars ; circulation of near seventy millions ; but
which by others is given at an hundred millions; deposites, fifty
millions ; specie and specie funds, fifteen millions. Specie
funds do not mean gold and silver; but deposites or balances
in distant banks, on which checks may be drawn, which are
as available as specie. The actual amount of the precious
metals in possession of these banks is supposed not to exceed
ten millions. The total amount of discounted paper is about
two hundred and thirty-three millions. The interest on their
discounts is more than the specie in their vaults.
Thus, it is apparent that the circulation of the State Banks is
at least seven times greater than their specie, and that, conse¬
quently, they would be wholly unable to withstand any run,
which might drain them; and would be compelled to contract
their issues, diminish greatly the circulation, and throw into
utter confusion the business operations of the whole country, de¬
preciating the value of property in proportion to the reduction
of the circulation. The Bank of the United States has less than
two dollars in outstanding notes, for one dollar of specie at com¬
mand. And what confidence is due even to the statements
made by State Banks may be gathered, from the late failure of
some, and the notorious shifts of others to make up accounts for
settling or reporting days. "There are, no doubt, many sound
and solvent State Banks, with honest, honourable, and conscien¬
tious directors. But any bank, to which the aid of public
deposites is necessary for its safety, cannot be fit for a public
depository. Upon the real condition of all the State Banks
in the State of New York, the recent act of the Legislature,
taxing the people with the loan of six millions of dollars, to
save them from breaking, is a commentary of very unequivocal
significancy."*
* Speech of Mr. Adams.
84
There is a constant tendency in the State Banks to over issues.
This is repressible, only, by a power perpetually and uniformly
active, which, like gravity in the solar system, shall keep each
planet in its orbit. This power is the Bank of the United States.
The Secretary of the Treasury, in his letter to the Committee
of Ways and Means, seems reluctantly to admit this, but most
perversely infers, despite of the maxim, that the effect ceases
with the cause, that the Bank being discontinued, the re¬
straint it produces, will remain. Thus he says: "If there be any
force in this argument, the paper currency furnished by the
State Banks, as well as that issued by the Bank of the United
States, ought now to be in a sound state. The Bank of the
United States has been in existence seventeen years, and must
have already exerted all the influence in relation to the curren¬
cy which can ever be expected from such an institution. And if
it exercises a wholesome and salutary control over the conduct
of the State Banks, and restrains them within proper bounds,
it has had full time and opportunity to exert that power; and
the notes of the State Banks, as well as those of the Bank of the
United States, ought now to be found in a safe condition. For,
it must be admitted, that we have gained but little in chartering
the United States Bank, if only the comparative small portion
of the paper currency furnished by itself is sound, while the
great mass of the circulating medium is inherently vicious and
liable to be disordered at any moment. It is believed, that more
than three-fourths of the present paper currency is furnished by
the State Banks; and jf so large a portion of our circulating me¬
dium is unsafe and unworthy of credit, then the Bank of the
United States is incapable of exercising the salutary control
claimed for it, or it has failed to perform its duty to the public.
In either event it is time to look for some other remedy."*
The style and logic of this article are equally admirable. It
is supposed, justly supposed, that the presence of the Bank of
the United States, like the sun in the system, vivifies, regu¬
lates, and preserves the subordinate Banks,—and the Secretary
infers, that because it so does, the State Banks will continue,
truly and faithfully, to perform their revolution in their proper
orbits, when the Bank shall be no more. He urges, that if the
Bank produces soundness in the State Banks, the object of its
being has been attained, and therefore it may be dismissed as
useless,—and that, if it have not rendered the circulating me¬
dium safe, it has failed in the purpose of its creation. He who
would say, that the power of gravity, having, for thousands of
years, preserved the order of the universe, has effected the de¬
sign for which it was created, and that such order will continue,
though such power be withdrawn, would argue just as soundly.
* Letter of Mr. Taney to Committee of Ways and Means, 1834.
85
Shortly after the hatching of this dilemma, the Secretary,
with the inconsistency so conspicuous in the report of his " Rea¬
sons," recognises the necessity of preserving the Bank, or of
creating a substitute, if the present currency he in a sound
and healthy state. But to avoid the utter discomfiture and
disgrace which are otherwise inevitable from this admission, he
■denies the soundness of the currency; and by reason of the dis¬
proportion of specie to the paper circulation, the large quantity
of bank notes whose value is less than five dollars, and the im-
potency of the government of the United States to restrain these
issues, he infers, "that the condition of the currency is ob¬
viously such, that the nation should not be content with it, nor
desire to continue it, in its present state/' Not content with,
not desirous to continue in its present state, a currency which
is pronounced by every statesman who is not a disciple of Jack-
sonism, in this, and in every other country, to be better than a
metallic one ! A currency which, in the very same paragraph,
the Secretary says, every one firmly believes will be paid in
coin! This is an issue upon which the Secretary, the adminis¬
tration, and the party, have put themselves against the evidence
of truth and the interests of the nation. What man in the country
complained of the condition of the currency, one year since?
Who thought of its condition, save those few thinking men who
produced it,—those who had leisure and taste to seek and admire
its causes,—and those, who desired to destroy it, because it was a
good, not the work of their hands, and because it was an obstacle in
theirpath toevil? The currency isthe blood of the social and com¬
mercial system. Like that of the natural body it runs its course,
whilst in health, giving life and joy, but producing scarce a
consciousness of its own existence. It is when deranged, dis¬
eased, that its stoppings, its throbs and throes, and revulsions,
make us feel and know its presence. In its healthy state, the
wise and discreet physician does not interfere with it. The
ignorant quack, unable to discriminate between the symptoms
of health and disease, alone has audacity to prescribe his nos¬
trums, regardless whether they give life or death, if his interest
be served.
If the currency were not perfect, if the abundance of paper
of small denominations limited the use of silver; if the mis¬
taken legislation of the country expelled gold from circulation,
these were evils which the people, ever awake to their inter¬
ests, and ever competent to learn and promote them, would
have, indue season, fully remedied. Already, without the prompt¬
ings of the general government, had the States commenced
the suppression of small notes; and so fast as the sense of the
true interests of the people prevailed over the interests of the
banks, this suppression would, and will, be extended. Be¬
ll
86
yond this, no effort, of the general government can avail. For
though it may enforce the State banks, in its service, say one
hundred, to disuse notes under a designated amount, it will
have no influence over the remaining three hundred, and
fifty banks, whose pernicious issues, unchecked by a regulating
power, would be enlarged with decrease of competition. Al¬
ready, had the nation called for the interference of the legisla¬
ture; and, had General Jackson and his Secretary of the Trea¬
sury been with the Pre-adamites, had the war against the Bank
never commenced, the measures in progress to retain gold in
the country would have been instituted.
But, says Mr. Taney, the currency is deranged; it is un¬
sound, because liable to constant fluctuation; and the remedy
lies in the increase of the metallic bases, and, the reduction of
paper circulation. It is admitted, not that the currency is un¬
sound, but that it may be improved, by those means, which the
sagacity of the nation had already discovered, and its wisdom
had engaged to supply. But to this purpose, the preservation of
the Bank of the United States is indispensable: because with it
will depart that soundness of the currency which we were
about to improve. The substance will be annihilated, with all
its modes of being. The measures, therefore, of the adminis¬
tration will be destructive of all the ends which they profess
to attain, however effectual they may prove in the accomplish¬
ment of those which are unavowed.
But the Secretary declares, that he dors " not perceive, that
a Bank of the United States, upon any plan, is likely to
diminish the evil." And yet it is universally admitted, that
the Bank of the United States did circumscribe the issue, did,
in a word produce one of the very results desired. The
manner in which the Bank checks the issues of the State
Banks is equally simple and obvious. It consists in receiving
the notes of all which are solvent, and requiring payment from
time to time, without suffering the balance, due by any, to be¬
come too large. This restricting agency being removed, what
is the substitute. Simply that, "After the 3d March, 1836,
no Bank be used as the depository of the public money which
shall issue or pay out, notes below five dollars: and the notes
of no bank to be received in payment of debts due to the
United States Bank, which Bank shall issue and pay out notes
of a less denomination, than that above mentioned, after that
time; nor shall any bank .be a depositary which does not pay
specie on demand for its notes."
Now, the inefficiency of this very plan is demonstrated by
the Secretary himself, in a few preceding paragraphs. "Gold
and silver," he says, truly, "will never circulate, where banks
issue notes, which come in competition with them. For it will
87
invariably happen, that when the circulating medium is com¬
posed of different kinds of money, and one of them is less
Valuable than the other, but not sufficiently depreciated to be
discredited, the inferior will, after a time, become the general
Currency, and the more valuable will wholly disappear." The
mere exclusion, therefore, of the notes of the State banks,
which issue bills of small denominations, will be entirely in¬
adequate. The only effect of that regulation will be, to render
them a depreciated currency; which, as the Secretary admits,
always, usurps the circulation. Every one will receive it for
sales, because they add a little to the price. Everyone will take
it for doubtful debts, rather than go unpaid, and every one will
pass it off again for fear of loss. *
But suppose the mean offered, to effect a desirable purpose,
be useful and be made effective by the co-operation of the
States, a measure extremely problematical, what is to prevent
it from being quite efficient when applied through the United
States Bank? As that Bank acts uniformly and simultaneously,
throughout the Union, can there be a doubt, that the effect
would be more prompt and universal? But give it all the re¬
sults predicted, what is to compensate for the unrestrained is¬
sues of all other notes, which all admit may, and which we
say, must, ensue the dissolution of the United States Bank?
If the past had not ceased to be the monitor of the future,
if experience were not wholly rejected as a guide, we would
appeal to history to support us in the declaration, that there is
no compensation. But, if it be the interest of our rulers to
close their eyes to this light, it is not that of the people.
During the existence of the first Bank of the United States,
we had a sound currency, uniform taxation, and stable ex¬
changes. In January, 1811, there were in the United States,
including the national Bank, eighty-five banks, whose capital
amounted to fifty-two millions, five hundred and ten thousand
dollars; notes in circulation to twenty-eight millions; species
to fifteen millions. In 1811, we deslroyed the Bank, and de¬
prived the country of a capital of seven millions, which, out
of ten, belonged to foreigners. In 1816, in five years we had
two hundred and forty-two State banks, with a capital of ninety-
one millions; notes in circulation, sixty-six and a half millions;
and specie, nineteen millions. Our currency became deranged,
specie payments suspended, depreciation immense, and ex¬
change fluctuating from six to twenty-five per cent. We re¬
created the Bank in 1816, and, on the first of January, 1820,
there were three hundred and two Banks, including that of the
United States, with a capital of more than one hundred and
thirty-three millions; a circulation of notes of less than forty-
four millions; and specie exceeding nineteen millions. Thus
* Speech of Mr. Wilde.
88
the amount of notes in circulation was one million less than
immediately before the suspension of specie payments; and
twenty-three millions less, than in 1S16. Has not the Bank
of the United States, then, at all periods of its existence, cir¬
cumscribed and preserved, within due bounds, the issues of the
State banks, and have not the State banks at all times, when
unrestrained, made their issues excessive?*
The public feels that there is no security against this evil.
It has learned it from experience; and this very feeling, this
distrust of their paper, is the very evil, the very serious
evil, which the State banks have to encounter. They know
that confidence in them is far greater where there exists a
power elsewhere to prevent excess and depreciation. Such a
power, therefore, is friendly to their best interests. It gives
confidence and credit to them, one and all. Hence, a vast
majority of tne State banks, nearly all, perhaps, except those,
which expect to be objects of particular favour, desire the con¬
tinuance of a national bank, as an institution highly useful to
themselves, t
Is not the threatened, the onward course of things now tend¬
ing directly to the state of 1816 ? Has not every effort been
made, through the public officers, the press, and every other
mode of influence, to cause the multiplication of State banks ?
Has it not, every where, been urged upon the people to establish
State banks, independent banks, to supply the place of the Na¬
tional Bank? Behold the result. Of late there have been
established, banks, with the following amounts of capital, in the
States of,
Maine $ 100,000
Vermont - 600,000
Rhode Island, - 1,000,000
Connecticut, - 600,000
New Jersey, - 100,000
New York, - 4,000,000
Pennsylvania, - 4,400,000
Maryland, - 500,000
North Carolina, - 2,SOO,000
South Carolina, - 500,000
Mississippi, - 700,000
Louisiana, - 12,000,000
Tennessee, - 5,000,000
Kentucky, - - • - - 5,000,000
Ohio, .... 4,000,000
Indiana, - 1,600,000
$ 42,900,000
* Gallatin's Essay on Banking and Currency^
t Webster's Remarks in Senate, 1834.
89
But we are not to stop, here, with four hundred and fifty Banks
in actual operation, with a circulation of one hundred millions of
notes, with a great many more about to go into operation; but
multitudes ofpropositions are before the State legislatures for new
charters; and the system will continue to spread and increase.
Each of these banks will strive to extend its circulation, and
will endeavour to avoid specie payments; the more rotten and
worthless they are, the more strenuous will be their efforts for
these purposes.
But whence does the executive derive the right, so boldly as¬
sumed, of providing the country with a currency, whether pa¬
per or metallic? This assumption is in every point of view
illegal—so palpably illegal, that the majority of the Committee
of Ways and Means of the House of Representatives have not
Ventured, notwithstanding their efforts to cover the Secretary of
the Treasury, in eVery other point, to support him in this.
They disclaim for him the right, which not only he, but the
President of the United States, bad distinctly and repeatedly
asserted.
The minority of the Committee of Ways and Means have
thus conclusively disposed of this branch of the subject.
" The value of the measure, as an operation of finance, to expel one currency
and to introduce a better, has been already tested, in the short time that has.
elapsed since the order of removah The discounts of the Bank have been par¬
tially reduced, yet the circulation of the Bank, instead of being diminished, has,
increased. The local bank paper, except for local purposes, has generally depre¬
ciated, and the paper of the Bank of the United States is at par in all places ex¬
cept where it is above par. But without adverting farther to- the incompetency
of the means proposed to attain the end, it is an imputation upon the Congress:
of 1816 to say they intended to authorize the Secretary of the Treasury to use-
any means whatever for the attainment of such an end- The avowed purpose- of
the Secretary is to change the currency of the country, and to change it during
the very time in which Congress have made a different? provision in regard to- it.
The purpose is to be effected by compelling the Bank of the United States to
cease lending, and by enabling the deposit banks to lend; by compelling the one
to cease circulating bank notes, and enabling the others to circulate thern more
extensively. In fine, by compelling them all to give him indirectly the manage¬
ment of banks, without any law to warrant it, and to surrender it themselves, con¬
trary to the laws by which they are exclusively entitled to it. A power to do this
no Congress could lawfully give to-a Secretary of the Treasury, and no Congress
therefore should be presumed to- have given it. It is a delegation of the highest
powers of legislation, under the form of ministerial agency. If there is any legis¬
lative .power which demands more- circumspection in its use than any other, it is
that of regulating the currency. The currency is the measure of value of every
man's property, of his contracts,, of indemnity for the breach of them, and of the-
revenue of the country p and without a date adjustment of it, it is a hopeless effort
to distribute in equal proportion among the citizens either the burdens or advan¬
tages of civil society. A deranged currency deranges every institution of the
country that has any relation to property. It makes laws, promises, the verdicts
of juries and the* judgments of courts, speak unintentionally the language of
falsehood or deceit. It gives a premium to fraud, and strips honest labour of its
scanty earnings,, by paying to-it half of its just recompense in the false and coun¬
terfeit name of the whole. Yet this power the Secretary of the Treasury claims
to exercise, by delegation from the representatives of the people, and he has pro-
H 2
90
ceeded to the exercise of it, with eonsequences which are now spreading in a ware
of destruction over the whole country. The Secretary claims the power to re¬
move the public deposites from the Bank, if in any degree it tends to promote the
convenience of the people; that is to say, if it so tends in his opinion ; and tys
opinion, with this mighty lever of the public revenue, is, consequently, to sway
the universal interests of this immense people. And what are the direct evi¬
dences that Congress meant to give the Secretary of the Treasary any such
power ? He is not by law entrusted with the custody of a single dollar of the
public treasure. His hands do not legally receive it, and cannot legally hold it.
His duty is to prepare plans for the management and improvement of the revenue,
to prepare estimates of the revenue and expenditures, to superintend the collection
of the revenue, to decide on the forms of keeping and stating accounts, and to-
grant warrants in pursuance of appropriations by law. The notes of the Bank
of the United States, against which this battery is directed, he is bound by law to
protect, by requiring all public collectors to receive them in all payments to the
United States. The stock of the nation in the Bank of the United States he can¬
not sell, nor separate their interest, to the extent of seven millions, from that of
the other stockholders of the Bank. The payment of the interest and principal
of the public debt must be made by and through the Bank, as commissioners of
loans. The military pensions must be paid through the same channel. And thus,
while several permanent laws of Congress, without any limitation in point of time,
sustain the circulation of the Bank, the relations between the Bank and the Trea¬
sury, and the control thus obtained over the currency of the country, the Secre¬
tary of the Treasury, under a provisional clause in the Bank charter, to order
that the deposites of the public moneys shall not be made there, claims the
authority to break up the present system, and to substitute another, for regulating
the currency and property of twenty-four States, and thirteen millions of people.
The minority do not believe that a like attempt has ever before been made, with
or without authority, and all present indications are inconceivably deceptive, if
the result shall not afford a memorable warning against the like attempt again.
The Secretary's plan is now called an experiment. The name is adopted, be¬
cause it would seem only to defer, and not absolutely to destroy, the hope of ulti¬
mate safety. It is adopted, because it would seem to make those who prosecute
it responsible for less, because they promise less. But the change of name
changes neither the thing nor the responsibility for it. If it be an experiment,
what law, what principle of our civil associations, authorizes the Treasury De¬
partment to try such an experiment? What security does Government afford to
the property of the citizens, if the Treasury may try experiments with it ? If it
be an experiment, what authorized its trial in a day of unusual prosperity, and
when the only rational prayer to the civil ruler was, " let us alone ?" What jus¬
tifies its continuance, when the first test that has been cast into the crucible with
the precious materials of human happiness, has nearly decomposed them all, and
threatens to convert them into poisons that will corrode and canker the country
to its very heart ? It is no longer an experiment. It has been tried, exposed, and
ought to be rejected. It is no longer an experiment, unless it would deserve the
name of an experiment to try whether life can be supported without vital air, or
the labourer and his children without daily bread.
"•If it should finally happen, in the progress of the experiment, that a currency
is created such as the Secretary anticipates, what is that currency to be to the
country, and what is the country to be by means of it? This question may be
answered by our own history, as it might be answered without the aid of history.
It is not to be a national currency, nor a currency partly local,, and partly na¬
tional, maintained every where in the condition of equality, by a universally per¬
vading influence, but it is to be a vari(^y of local currencies, subject to local influ¬
ence only. The State Banks, and the State Banks only, are to furnish it. They
are to furnish it under the patronage of the Treasury, and with a full knowledge
of the maxims which have been quoted by the committee,' that the borrower is
the servant of the lender, and that '-he who controls a bank, controls the debtors
of a bank,' maxims which will be found to lose none of their force when State
banks shall feel the effect of their position as borrowers of the Treasury, and
91
debtors shall feel it also as borrowers of State banks that are under the control
of the Treasury.
" It will be a currency wholly removed from that restraint which a national
institution is alone capable of imposing in all parts of the Union, that is to say,
free from all banking restraint whatever; for, practically, there can be no restraint
where there is no general and pervading power to enforce it. In some, perhaps
in several, of the untrammelled and independent State banks, banking will be
conducted upon judicious principles, so far as it regards their own operations; and
their own local currency may continue for a time locally sound. But where shall
be the controlling cause that shall secure this result, where the principles of bank¬
ing are unsound, and where the desire of large profits shall tempt State banks to
extend their issues beyond that measure which experience has ascertained to be
the only safe and accurate measure? Where is to be found the universal pre¬
sence of a test that will instantly detect excess, and lead to its detection? That
test is to be found in a national paper, based upon the precious metals, sustained
by the law of the whole land, received in payment of all public dues, circulating'
every where, and furnishing a standard of comparison every where. Where,,
again, is to be found the necessity, as well as the power, of applying the correc¬
tive ? This corrective is to be found in an institution which issues that national
paper, and which, in self-defence, and in defence of the nation also, must repress
the circulation of every bank that does not provide it with the means of disburs¬
ing the public treasure in all parts of the United States. The paper that is really
sound, will be as good as its own, and will be received as such, and may circulate
as such. But if the paper of any one of the State banks is not as good as its
own, such an institution cannot receive it, because it cannot account for it every
where to Government, in an equal amount of its own paper or of specie. If it
cannot be received by the national institution, it must return to those who issue
it, and the corrective is at once applied.
" The system of local banks, of which those to be employed by the Treasury
are to form a part, is, therefore, defective in this, that their circulation will be
local. They will be constantly endeavouring, at least in a great many cases, to
send out their paper to excess, and there cannot be the regular application of the
corrective, that will as constantly prevent it. It may be repressed in some in¬
stances, in an irregular way, by sound State banks; it may also be partially re¬
pressed by demands from other States; but the effort to do it regularly, will be
without inducement, and will not be sustained by the requisite ability. Excess
will creep upon'the country until it is universally diffused ; and when an acciden¬
tal state of the balances shall turn the excess suddenly back upon the banks which
have issued it, dishonor will come, and with it universal alarm and bankruptcy..
This is the history of the past, and a lesson for the future. A confederation of
State Banks, sanctioned by the laws of the States, is a scheme which the minority
do not think it necessary to combat, until some one shall propose it, and present
its outlines. An attempt to regulate the currency by the operations of State
Banks, through private compacts, with each other, or with the Treasury Depart¬
ment, will probably fail, however often repeated, as it has failed already. A part¬
nership of different corporations, for profit and loss, or for mutual guaranty, with
independent boards of direction, is as strange a contrivance for the security of
stockholders, as it is for the control and regulation of the currency. When the
question of providing a regulation for the currency shall, be deliberately consider¬
ed, the minority have no doubt that the project of employing State banks for
national purposes will be universally rejected as impracticable."
With regard to the employment of the State banks, as the
agents of the general government, there are other views of
grave character which richly merit consideration, and which
we present in the words of Mr. Corwin of Ohio.
" But suppose your league of Treasury banks should succeed in establishing
their credit so as to give general currency to their paper; will not those banks*,
in that way, by Joans and exchanges, gain the same power and Gontrol over the;
92
business and trade of the country, which, you say, is now possessed by the United
States Bank—that dangerous power, for the possession of which, you say, it must
be abolished ? And what is gained by exchanging the one for the other ? What
will your condition be when your league banks shall be able to crush, if they
choose, the trade of the country ? Can you strike them out of existence ? No!—
over them and their charters you have no control. The State Legislatures gave
them life, and will, at their pleasure, prolong their existence. Suppose their char¬
ters expire; they are your Treasury agents; they will then be indispensable to
your system of finance. Will they consent to expire ? Will not the stockholders
in them be just as anxious for a renewal of their charters, as the owners of slock
in the United States Bank now are for a renewal of theirs 1 Yes, Sir, they will,
and they will be just as little scrupulous about the means employed to obtain their
end. This image with a hundred heads, which you are now erecting, will be just
as difficult to destroy, as the monster you profess so much to fear. The impure
priesthood of Mammon will clamour just as loudly for their hundred-headed idol
god, as do those now whom you profess to regard with so much horror. You will
find, when the discovery will be too late, that possessing stock in a State bank
does not of itself make a Cato, nor owning the same property in the United States
Bank convert a good citizen into a Catiline.
" There is another view of the dangerous connexion between the Executive
Government here and the banks of the States, which I cannot pass without no*
tice. If your scheme ever does succeed, if it works well in your fiscal affairs at
all, it will of course be desirable to continue it in steady operation for a long time
to come. But there will be obstacles to this. The charters of some of your banks
will terminate. The Secretary of the Treasury will, of course, desire to havG
these charters renewed by the Legislatures of the States in which they are
situated. To effect this, the influence of the bank will be first exerted on the
Treasury Department here, by offering to do your business on very advantageous
terms; the Secretary of the Treasury, with the aid of the power, popularity, and
influence of the President for the time being, will bear down upon your State
Legislatures: one vote, or two, or three, may, perhaps, decide the fate of your
bank. Will not those votes be secured ? Yes, the whole patronage of the Federal
Government in this scheme, from time to time, will be tempted into the legislative
halls of the States. We have heard much of consolidation; much of the danger
of merging the independence of the States in the overwhelming power of the
Federal Government. If the wit of man were tasked to invent a cunning, insi¬
dious plan, by which this ruin might be wrought, he could not devise one more
likely to effect his diabolical purpose than that proposed in this Treasury inven¬
tion. Give the Executive the power to confer favours on so many different com¬
panies of men, who also stand closely connected with the State Governments,
and you have so many centripetal forces, drawing, by the resistless influence of
pecuniary interest, the independence of the States into the vortex of Federal
control. These twenty-four states, that now shine, with such mild and pure lustre,
will be drawn from their spheres, and their lights quenched forever in the superior
blaze of one great central sun."
And, now, let us also see, how this State-bank currency is to
affect the dealers of the Middle, South, and South-western States.
On this head, we will be instructed by Mr. Poindexter.
" The merchants of the Middle States, the Southern, South-western, and Wes¬
tern States, supply themselves with foreign merchandise, for the annual supply of
their customers, at this great emporium of commerce. How, Sir, do they make
their remittances in payment of these goods ? At present, through the medium of
a National Bank, they may, without difficulty, deposit their local State paper, the
credit of which is good where it is issued, in a Branch Bank of the United States,
and obtain a check on any part of the United States, however remote, at a very
small discount, not exceeding one per cent. They do not run the risk of a protest,,
as in the case of bills of exchange drawn by individuals, or a company of mer¬
chants ; they run no risk in transmitting such a check by mail, because, if lost,,
93
it may be renewed, and the holder cannot demand payment without the endorse¬
ment of the person in whose favour it was drawn. Thus the intercourse between
the Western country and New York, or the other commercial cities on the sea¬
board, can be carried on without risk, and for a very small premium, by means of
a National Bank and a general currency. But let us look at the other side of the
picture. Suppose this great point, which is made a desideratum in the policy of
this administration, of prostrating the Bank of the United States, should prevail,
we shall then be thrown back upon the local State currency, and the ordinary
means of remittances, through the medium of bills of exchange. Suppose, under
this state of things, a merchant in Natchez, or Mobile, or New Orleans, should
become debtor for goods, wares, and merchandise, to an importing merchant in
the city of New York, payable in six and twelve months. He sells his goods to
his customers, and receives in payment the sound currency of the State in which
they are sold, (and he can obtain payment in no other currency.)
" Well, Sir, he takes with him these bank notes, issued by banks which have
more specie in their vaults than notes in circulation; equal, in the amount of their
solid capital, to any institution of the kind in the world, and offers them, in pay¬
ment of his debt, to the New York merchant. And what, Sir, will he be told ?
Why, Sir, the cautious merchant would say to him—'Go into Wall street, and
whatever your paper is worth at the brokers, I will take it at the same rate of
discount, but give me the note of a pet bank in this city, and I will take it at par.'
The Wall street broker would exhibit to the applicant a regular graduated list of
the value of bank paper from Passamaquoddy to the Balize; this scale, Sir, will
be regulated to suit the taste of the Wall street brokers, who, without the inter¬
vention of a national currency, will take the command and control of the fiscal
concerns of this country. New York bank paper would far transcend in value
the bank paper of any other State in the Union; it would find pasture in all that
vast region of country where the retail merchant is a debtor for foreign goods
purchased in the New York market; it would be sought for there, and even
bought at a premium by all who desired to make remittances to the city of New
York. What, Sir, has been the progress of this system since the removal of the
public deposits ? We find that already the bank paper of the whole Western and
Southern country is below par in the Northern cities, at from five to ten per cent.
This inequality will increase rather than diminish, as the system advances to
maturity. Besides this unfavourable operation on the whole interior of the Union,
it is manifest that the exchange capital of the country must be deposited in New
York, and other great commercial cities, where the rate of discount on the domes¬
tic exchanges of the country will be fixed so as to produce the best practicable
profit to those who deal in them. Now, by the agency of a general currency, the
people who reside beyond the mountains, in the great valley of the Mississippi,
may transfer their funds without risk, and at a small expense, to any portion of
the United States; but if they are driven, by the destruction of this currency, to
the necessity of making their remittances in local bank paper or bills of exchange,
they must inevitably sustain an annual loss of from six to ten per cent, on the
whole amount of these remittances."
But, from elements such as these, we are to have not only a
sounder currency than that furnished by the Bank of the United
States, but, God save the mark! a hard money currency! When
the peal of indignation swelled from every portion of the coun¬
try against the injustice committed on the United States Bank,
and the reasons concocted by the President and his Secretary
were scouted as impudent and illusory, the ground of defence
was changed; and though prior to the first of October, no inti¬
mation was given of an intention to endeavour the introduction
of a metallic currency, we are now told, that the government is
making an experiment whether they cannot substitute for one
94
of the best currencies in the world, a currency of coin, as in
France. And in this experiment, the ease, the happiness, the
bread of millions are to be jeoparded.
This object, however, is no sooner declared, than with the
inconsistency inseparable from error and wrong, its impractica¬
bility is demonstrated by the Secretary himself. " No com¬
mercial or manufacturing community," he observes, " could
conduct its business to any advantage without a liberal system
of credit, and a facility of obtaining money on loan, when the
exigencies of their business require it. This cannot he obtain¬
ed without the aid of a paper circulation founded on credit.
It is therefore not the interest of the country to put down the
paper currency altogether!!
" The great object should be to give it a foundation on which
it will safely stand. (On what rests the present currency which
is every where, at will, without cost, convertible into specie?)
a circulating medium composed of paper and gold and silver in
just proportions (What other is the present?) would not be liable
to be constantly disordered by the accidental embarrassments
or imprudencies of trade—nor by a combination of the monied
interest for political purposes." (These assertions are disproved
by our present condition; by the combination of the New
York Safety Fund banks, and by the combination of banks
in the service of the government.)
" The state of the currency, then," he continues, "which is
proposed in the foregoing observations, would provide silver
and gold for ordinary domestic purposes and the smaller pay¬
ments—and the banks of the different States would easily be
able to furnish, exchanges between distant places according to
the wants of commerce. (Furnish exchanges! Certainly, as
in 1816, at from 6 to 25 percent.) There cannot, therefore, be
any necessity for a paper circulation of general credit through¬
out the country. Funds are more conveniently and safely trans¬
ferred, from place to place, by drafts and bills of exchange,
than by bank notes. (In what way does the Bank of the
United Sta'es perform exchanges to the amount of two hun¬
dred and ffty-five millions annually?) ***** "The
chief object of the plan, I propose, is to increase the proportion
of the metallic currency without diminishing inconveniently
the general mass of the circulating medium, and any provi¬
sion tending to enlarge the proportion of paper beyond what
the public convenience requires should be studiously avoided."
Now, again, we say, what was the currency lately prevail¬
ing? Was it not based on a metallic basis, which was on the
increase, and to be enlarged by the very means now proposed?
The fruition of which, no measures of the administration will
95
hasten. And was not the enlargement of paper beyond the
requisition of public convenience sedulously avoided?
But is it in contempt of our intellects, or from the inep¬
titude of his own, that we are told by the Secretary, that
a paper circulation founded on credit, is indispensable to a
commercial and manufacturing community; and that there can¬
not be any necessity [profit for that is commercial necessity,)
for a paper circulation of general credit throughout the coun¬
try? Upon this point we oppose President Madison to Secre¬
tary Taney, a giant to a pigmy. "But for the interests of the
community at large," says the President, in his Message of
December, 1816, "as well as the purposes of the Treasury, it
is essential that the nation should possess a currency of equal
value, credit and use, wherever it may circulate." A thou¬
sand illustrations pf the falsity and absurdity of the position of
the Secretary could be given. It is enough to say, that, with
a bill) of general credit throughout the country, (a draft of the
United States Bank, for instance,) we can procure specie wher¬
ever it exists, at half per cent, cost, and that for a bill of local
credit, (of a bank in Missouri or Albany,) we must pay a
premium (if the Bank of the United States be no more,) of from
twelve to fifteen per cent. And this great per centage is the
difference on the profit of the merchant or consumer, and an
onerous tax on the industry of the country.
Thus, then, though it be impossible to employ the State
banks with safety or profit to the country, and though a me¬
tallic currency is neither practicable nor desirable, the one is to
be obstinately persevered in, though it ruin the nation, because
it will increase the power of the government', and the other,
that the eyes of the people, dazzled and blinded, may not see
their approaching destruction.
Again: this paper circulation must form the far larger por¬
tion of our currency; and, therefore, instead of a sound and
uniform currency, so much admired in a commercial commu¬
nity, the Secretary is avowedly labouring to give us a hundred
currencies, to introduce expense, delay, irresistable confusion
and irregularity in all commercial transactions. During the
suspension of specie payments, the currency of the several
States varied, " not only from time to time, but at the same
^me, from State to State, and in the same State, from place to
place. In New England, where these payments were not dis¬
continued, the currency was equal in value to specie, it was, at
the same, time at a discount of seven per cent, in New York
and Charleston, of fifteen in Philadelphia, of twenty and
twenty-five in Baltimore and Washington, with every possible
variation in other places and States."*
There is another result of this operation which we have al-
* Gallatin on Banking, &c.
96
ready touched, but which merits further notice. It is the de¬
pendence and subservience of the State Banks, selected by the
Secretary, upon the government —upon the party. To effect
this, we have just reason to believe, is the true motive of the
dissastrous measures against the Bank; and the contracts made
by the Secretary with them,put them, wholly,at his mercy; mak¬
ing them the vassals of the administration; enabling it, through
them, to operate upon the stockholders and their debtors.
Upon this head, we select the following just and apposite
remarks, from the able exposition of Mr. Southard, in Senate,
on the 8th January, 1834.
u The extent of power and influence which this act draws to the Secretary, and
through him to the Executive, upon his avowed principles, is enormous, dangerous
to the interests of the people and the liberties of the country. It places all the
selected banks, and, through them, many other State institutions, at the mercy ot
the Secretary of the Treasury. He may, at will, require security for the public
money, or he may require none. He may require the payment of heavy expenses
and compensation for his agencies, and fasten them on whom he chooses. He
may decide, at pleasure, which of them must transfer money from one extreme
of the Union to another, and when and where they shall transfer it—acts which
they may, and probably will, be incompetent to perform; and he may discharge
them, without warning, from the service of the Government. All this he may do
for causes entirely unconnected with the business of the Treasury, and in no way
concerning the public interest. There is no responsibility upon him—they have
no means of resistance. And his power of favoritism, in the deposite of money,
distribution of duties, and compensation, is as unlimited as his power of injury
and injustice; and he has every possible temptation to its exercise for the worst
of purposes. Subservience to his will will become the ready and sure road to
benefits. Sir, the very act is calculated to create an army of servile sycophants
and supporters. Whether it will produce that result is yet to be shown. The
promptness with which the representatives of some of the banks have volunteered
their defence of him, and the manner in which his favour was received bj' at
least one, gives no very auspicious augury as to the result, but too clearly indi¬
cates the effect upon their dispositions. The Secretary was very promptly,
informed of " the high sense entertained by the Directors of one of the banks, of
the honour conferred upon it by so distinguished a mark of his confidence,"—a
quick stooping to degradation.
" This state of things is prescribed, not by the Legislature, but bjT a Secretary,
and is not dependent upon and regulated by law, but by his discretion. And the
man who presumes thus to act, tells Congress that his acts are under the controul
of the President. He says, in effect, " I have no official will—the President may
order me as he pleases—the whole is at the command of the President." If
there has been a larger or more dangerous stretch of Executive power and
influence, I have not discovered it. If Senators are prepared to meet the conse¬
quences of such an assumption, they have but to approve the reasons of the Sec¬
retary. The day is not long passed by, when it would have met the deep-toned
execrations of the present supporters of Executive infallibility.
" The law which created the Bank, which directed where and how the public
treasure was to be kept, and what was to be done, did not so regulate this subject.
The intercourse between the Government and the Bank, in relation to the public
money, was fixed and authorized by law. The acts directed to be done, or
omitted, were, under it, matters of Legal right, not of Executive faaour. The
law was paramount aud triumphant. There was no temptation to favouritism or
corruption. But, under the recent innovation, while such unlimited powers are
exercised by the Secretary and the Executive, there must be favouritism and
corruption. I have no faith to bestow on the purity of individual virtue, acting
without law, in the midst of such temptations. Much less can I approve of con-
97
•duct in a Secretary so violative of all law, and leading so directly to encroach,
ments which are dangerous to the liberties which we enjoy."
On the other hand, so odious was this slavery, that many
banks refused to assume the yoke; and others, finding it intol¬
erable, have indignantly cast it from their necks.
The use which the Secretary and the administration, might,
and would make, of the public money, to enslave these banks
is aptly illustrated by the " transfer drafts," issued for no
fiscal purpose—for no government use, but, solely, to protect
the pet or trap banks, against a suppositious hostility of the
Bank of the United States. This protection is the price paid ■
by the lord to the villein for his most abject service, binding
him to all labours, and at all times.
A favourable opportunity here presents itself, to notice the
manner in which the war has been conducted against the Bank
of the United States.
" The act of removal has not only been an act of declared hostility, but it has
been preceded and followed by all the customary practices of embittered war.
The Bank has never been directly apprised of any thing that the Treasury pur¬
posed to carry into effect against her. If made aware of it, it has been through
rumours in the streets, or hints iu the newspapers, and never from the Treasury
Department, until the moment that the blow was given. The determination to
remove the deposites has not, to this day, been made known to the Bank by
any official communication from the Treasury; no evidence certainly of such a
communication has been sent to this House. An order of the 26th September,
1833, by the Secretary to the President of the Bank, to deliver to the collector at
Philadelphia all bonds to the United States, payable on or after the 1st of Octo¬
ber, was the only annunciation to the Bank in Philadelphia; and this, by the col-
lectors's letter of the 28th, would seem to have been communicated to the Bank
on the 30th of September. Yet, it is now known, that the removal of the deposites
was a foregone conclusion a considerable time before that.
" The times and amounts in which the deposites were to be drawn by the Trea¬
sury, were, not only not made known, but, concealed from the Bank. The Trea¬
surer had been for years in the practice of sending daily lists to the Bank of
every draft drawn upon it, stating both the date and the amounts, without the
names of the holders; and he also sent weekly lists of the drafts, with the par¬
ticulars in every point. These were the suggestions of amity to assist the Bank,
by the fullest information of the Treasury purposes. But, as soon as the policy
of the Treasury Department was altered, and a hostile attitude assumed, the
practice of daily and weekly lists was continued; but they did not speak the
whole truth- Drafts to an immense amount were withheld from the lists, to be
used according to contingencies, and at points where the Bank might or might
not be prepared to meet them; and the daily and weekly lists consequently be¬
came instruments of deception to the Bank. The Bank was left to ascertain
and prepare for the Treasury demand, with deceptive information as to its extent."*
An attempt has been made to consider these drafts, for two mil¬
lions three hundred thousand dollars, as mere transfers, as direc¬
tions, from the Treasury Department to the Bank, to send a
particular sum of public money from one place to another, for
the public, not private use, as drafts designed to change the po¬
sition, not the custody of the public money. But the Secre¬
tary, in his report to the Senate of the 30th November, has him-
* Speech of Mr. Binney.
98
self, put the true impress upon the transaction; declaring that,
" he has transferred money, in some instances, from the Bank
of the United States, to the selected banks, in order to enable
them to defend the community against the unwarrantable at¬
tempts (attempts never made, every Bank bearing testimony
to the unexpected forbearance of the Bank) of the Bank of
the United States, to produce a state of general embarrassment
and distress."
Defender of the community! Protector of the people! When
and how were attributes like these given to the Secretary of the
Treasury? By what law? If the administration can, under
pretence of protecting the people, assume, unrebuked,. un¬
punished, to loan to individuals or corporate institutions mil¬
lions of their money, it will not be long before we shall have
given, the protection of the people, as vouchers for the illegal
expenditure of millions. Well may it be said " that the ine¬
vitable tendency of power is its own enlargement.5' These
drafts, informally and illegally framed and sanctioned, for money
lawfully deposited in the treasury, were given, secretly given,
to cashiers, to be used at their discretion, upon contingencies af¬
fecting their institutions, of which they, alone, were judges,
and which had no relation to the public service. What securi¬
ty existed against their abuse? What pledge against their ille¬
gal conversion to the use of the cashiers themselves? Had such
conversion been made, no claim would have existed against the
Banks under their respective contracts, or against the sureties
on the cashiers' bonds. The banks would not have been liable
for money which they had not received, and the condition of
the cashiers' bonds embrace no such trust. Can it be for an in¬
stant doubted, that soulless institutions, whose constituency re¬
lieves them in a great measure from moral obligation, whose
spring of action is pecuniary interest, receiving favours like
these, the gratuitous loan of millions to defend their credit, will
not be the ready, the remorseless instruments of the power that
fosters them? Can it be, that such institutions will not combine
to make themselves, their stockholders, and their debtors, the
partizans, the creatures of the administration, adding hundreds
of thousands to the army of fifty thousand mercenaries which
the newly established tenure of office has supplied to the Exe¬
cutive? It matters not to our view of the case, that a portion,
only, of these drafts were used, and the remainder returned to
the treasury.
So conscious, indeed, has the party become, that this influence
over the State banks will not be tolerated by the country, that
the Committee of Ways and Means, now,propose, in legitimating
the use of these Banks, to provide against this abuse; prohibit¬
ing the Secretary of the Treasury, <( during the session of Con-
99
•gress, to dismiss from the service of the Treasury any Bank of
deposit, without having first obtained the sanction and approba¬
tion of Congress; and if during the recess of Congress any
Bank shall fail or refuse to comply with the terms and conditions
upon which it has been employed, or if the Secretary shall
deem it necessary, diiring the recess of Congress, in order to
protect the public interest, to discontinue any Bank as a public
depository, he is to be authorized to issue such order, tempora¬
rily, but required, at the commencement of the next session to
report to Congress, the reason and evidence upon which he has
ordered such discontinuance, reserving to Congress the right to
approve or reverse such order." This does but embody the spi¬
rit of the provision, in the charter of the Bank of the United
States, giving power to the Secretary to remove the deposites
from that institution; and, surely, if that provision have been
mocked and disregarded, although its sense was as visible as if
written with a "pencil of phosphorus," we cannot have any
guarantee from words, mere words, that the prescribed duty
will be fulfilled. When the spirit of the law is contemned, its
words are but a caput mortuum. But reasons and evidence!
Why, after it has been "announced from a source high in the
confidence of the administration, that the removal of the depo¬
sites was a measure so manifestly wrong, and had been produc¬
tive of consequences so injurious, that the error would have
been redressed by a vote of two-thirds of each House, if it had
not been discussed as a party question," what faith is to be
given to reasons and evidence? Any collocation of ideas, perti¬
nent or impertinent, in juxta position or in chance medley,
will stand for reasons; and any statement of facts, true or simu¬
lated, will serve for evidence.
The law requires the deposites of the public moneys to be
made in the Bank of the United States and its branches, unless
the Secretary of the Treasury shall otherwise direct. When
once made, there his authority, as conferred by the charter,
ceases. He has no authority over them, whatever; except
according to the provisions of the constitution and the general
laws. The provision of the constitution attaches to them, which
forbids any money to be drawn from the Treasury, unless in
consequence of appropriations made by law. All the laws
which forbid the transfer of moneys appropriated for one object,
to be applied to another, likewise attach to it; and the Secretary
of the Treasury has no lawful authority to draw money from its
place of deposite, except for the purpose of making the payment
to which it is appropriated.
The Secretary alleges that the bharter confers upon him no
new power. No new power? It was the power to dispense
with law. How could he possess it before the law was enacted?
* Speech of Mr. Chilton Allen.
100
It was a power to cancel a contract between the nation and the
Bank. How could he possess it before the contract was made?
And as he could not exercise it before the statute was enacted,
so neither could he exercise it after the enactment of the statute,
had it not been conferred by the statute itself; and he was bound
to exercise it according to the provisions, and under the limita¬
tions prescribed by the statute. The limitation of his power was
to give order that the deposites should cease to be made in the
Bank and its branches; and for this he was required to give, as
speedily as possibly, his reasons to Congress. His power was
prospective over moneys to be deposited. When once depo¬
sited, he could draw them from their places of deposit only in
consequence of appropriations made by law.
It is said that the power of removing the public moneys from
one place of deposite to another, has always been exercised by
the Secretary of the Treasury. This is a power, which no one
doubts, of making remittances ; incidental to the obligation of
paying out the public moneys according to their respective
appropriations; without which the public creditors could not be
paid, and for which no law requires that the Secretary should
assign to Congress any reason whatever. But such we have
seen is not the nature of the present removal. That is a colour¬
able transaction, for the purpose of loaning appropriated public
moneys to brittle favourite banks, without charge of interest,
while those very same banks were loaning to another depart¬
ment of the Government, money at an interest of five or six per
cent.*
The employment of the State banks as the substitute of the
Bank of the United States, being, as we think, the end and aim
of the Executive movement in the Treasury Department, we
have given it a considerable portion of our attention. We now
proceed to consider the Secretary's facts warranting the exercise
of the power which he has, with as little of justice as of law,
deduced for himself.
I. The charter of the Bank, the Secretary asserts, will ex¬
pire on the 3d of March, 1836, and will not be renewed. Here
are two very distinct propositions. The first is true, sub modo,
only. Though the charter expires, for certain purposes, on
that day, it survives for other purposes, and for the very pur¬
poses which the Secretary supposes it does not live to execute.
For "notwithstanding the expiration of the term for which the
said corporation is created, it shall be lawful to use the corpo¬
rate name and style and capacity for the purpose of suits for
the final settlement and liquidation of the affairs and ac¬
counts of the corporation, and for the sale and disposition of
their estate, real, personal, and mixed ; but not for any other
purpose, or in any other manner whatsoever, nor for a period
* Mr. Adams' Speech.
101
exceeding two years after the expiration of the said term of
incorporation." \Act 1816, Sec. 21.] Consequently, there is
no one operation which he wishes to compel the Bank, now, to
perform, that it cannot most appropriately perform, in the ad¬
ditional two years. It may reduce its discounts in any ratio, cir¬
cumstances may require, may bring in its notes, so fast as the
holders consent, and may do all that it now does, but expand
itself, after having closed or liquidated a transaction. It cannot
make a new loan, but may continue, or settle and liquidate ex¬
isting contracts, at pleasure.
But suppose the fact, to he unqualifiedly, as the Secretary
states it, is it a reason to the government to remove the de-
posites? The views of expediency which the Secretary deems
affirmatively conclusive, are: 1. That as several millions will
probably remain in the Bank at the expiration of the charter, it
would be attended with serious inconvenience if they were sud¬
denly withdrawn, when its immense circulation is returning
upon it, and its private deposites are being removed into other
institutions. 2. That under such circumstances the ability of
the Bank to make prompt payment to the government would
be doubtful, even if their ultimate safety could be relied upon.
3. The sudden withdrawal or depreciation of its circulation, it
being the principal medium of commerce with the people, before
another sound and convenient currency could be substituted,
would produce extensive evils in all classes of society. The
superior credit of the notes of the Bank of the United States,
being founded, solely, in their reception in all payments to the
United States, will not outlive that quality which expires on
the 3d of March, 1836; the outstanding notes of the Bank,
losing this peculiar value, will be depreciated as the notes of
the local banks, producing great distress when it would be too
late to provide against the evil, by the substitution of a safe and
sound currency. These considerations, says the Secretary,
make the removal a question of time only. And to his choice
of time he was induced by his faith in the second position above
stated; namely, that the charter would not be renewed.
But the foregoing views, one and all, are unfounded. 1. The
cessation of the right of the Bank to retain the deposites being
known, the withdrawal would be fully provided for, even
though they should have been at the greatest height of prior
accumulation. But with the inconsistency, which seems an
essential constituent of the man, the Secretary has elsewhere
shown, that there is a violent probability that in March, 1836,
the public would have no balance in Bank. In his Annual
Keport of December, 1834, he comes to the conclusion, that if
the appropriations should he kept up to the amount authori¬
zed for the present yeart the charge upon the Treasury in
i 2
102
1835 would be more than it could probably meet. But thai
the debt having then been entirely paid, if a guarded rule of
appropriation be at once commenced, there will be no diffi¬
culty in bringing down the expenditure without injury to
the public service." Again he says, " unless the revenue
to arise (under the new Tariff Act) should hereafter be more
productive than is anticipated, it will be necessary in two
years from this time to impose dvties on articles that are now
free, in order to meet the current expenses of the government."
The existence, then, of the several millions in the Treasury in
March, 1836, is dependent upon the future action of Congress,
and could not constitute a motive for the removal of the De-
, posites in October, 1833.
2. The ability of the Bank to meet its engagements of every
character, was, at the instant when the Secretary expressed his
doubts, unquestionable—nay, unquestioned by himself. Such
ability was admitted by all. Its accumulation of specie exceeded
ten, millions; and though the natural result of its business, was
deemed by the administration and the party as the cause of deep
reproach. The official reports of the Secretary prove, that the
Bank is entirely able to pay deposites—debts—every thing—and
have a large surplus. Sound reasoning and experience alike
expose the groundlessness of the Secretary's apprehension. A
bank with such resources as this is admitted to have, increases in
strength from the moment she attains the term of her charter;
beaause her capital is then returned to her. Other banks may
then assist, by their expansion, the liquidation of her debts, safely,
to a considerable extent, as she has not, or having, cannot
exercise the power to distress them, without encountering
effectual resistance in public opinion. "To ask of the State
banks, what it must distress them to give, and what is unneces¬
sary to the United States Bank for operations then discontinued,
would be as idle in her as the apprehension of it is in others. It
cannot occur. There must be a reasonable arrangement between
the United States Bank and all the State banks who assist in ab¬
sorbing her loans, to prevent or mitigate the distress which the
withdrawal of a large capital would otherwise occasion. This,
therefore, is the moment when the Bank of the United States
will have the greatest power for her own protection, without
having it for the annoyance of the State banks; and unless there
is a general crash, which will make deposites unsafe every
where, they will be as safe in the Bank of the United States as
they can be any where."*
S. That the sudden withdrawal of the whole circulation of the
Bank, nay, any considerable withdrawal of that circulation, must
be productive of great evils, is as indubitable, as that the pre
sence of that circulation is a blessing. That withdrawal, if it
•Mr. Binney's Speech.
103
take place, will be the fault, the crime of the administration.
Still/ there is no necessity to make it more sudden, or op¬
pressive, than is inevitable. Some of the remarks we have
made under the last head are applicable to this. In the execu¬
tion of their duty to the "stockholders, the directors, will close
their concerns as rapidly as their interest will permit. But
that interest will prevent them from recalling their loans and
issues with haste, which must extinguish the debts with the
solvency of the debtors. Unhappily, however much reason
we have to dread, on the score of the soundness and safety of
the currency, and the preservation of public prosperity, there
is little fear of there being State banks in abundance to absorb
the loans discontinued by the Bank of the United States.
The experience derived from the closing the first Bank of the
United States, assures us of this, whilst it shows the practica¬
bility of safely winding up the concerns of the present.
The suggestion of the depreciation of the notes of the Bank,
is wholly without support. If the notes are to depreciate, be¬
cause they will be paid on presentation, because the quantity
in circulation will be daily diminished, because the residue
outstanding will be -of increased value; and, because, unless
Congress shall pass a law to the contrary, the public guarrantee
will continue, then, but not otherwise, the Secretary's fears
may prove true. The Secretary has erred, even as to the
matter of the guarantee; declaring that, the obligation of the
United States to receive the notes in payment, will expire on
the third March, 1836, when the 16th section of the charter
provides, that the notes of the said corporation," shall be so
receivable, unless otherwise directed by act of Congress.
They will be notes of the said corporation, as much after the
Charter expires as before.*
Of the nature of the currency which was intended to be
provided, we have already sufficiently spoken. The sound
and safe currency is impossible; but the rotten and destructive
currency, predicted by wisdom and experience, is with, and
around us. And to avoid the pains of a tranquil, and natural
death, at the appointed time, which will come when it must
come, we have submitted ourselves to the torture, and are
surely, and slowly dying; whilst cries and groans, are destined
to render the air vocal, for at least two years to come.
Among other assumptions of the Secretary, is the spirit of
prophecy. We have seen, that the spirit of truth has not at¬
tended him in other matters, and we may confidently hope
that it is not with him in this. The prediction is, that the
Bank will not be re-chartered; and for this, too, we have rea¬
sons more abundant than blackberries, and more worthless. We
aje.lold, that the charter will not be renewed:
* Speech of Mr. Binney.
104
1. Because it has no claim to renewal, founded on the jus¬
tice of Congress; the charter being an exclusive privilege, dt the
expense of the rest of the community, enjoyed for twenty years.
2. Because the charter is Unconstitutional.
3. Because public opinion has decided against it.
1. Is the charter an exclusive privilege, at the expense of
the rest of the community? We make a division of the ques¬
tion. To the first member, we answer, aye; to the second, no.
The privileges of the charter, are however, no farther exclu¬
sive than are the privileges of every corporation, every social
circle, every church or eleemosynary association, every posses¬
sion of property. All who are qualified may become partici¬
pators in the privileges of these States. At the commence¬
ment of the charter, not only was the stock open to all, but
some thousand shares long solicited purchasers in vain. Since
that period, the stock, has been continually changing hands.
Yet the present stockholders have no peculiar claim for re¬
newal of their charter, farther than, that they can, with experi¬
ence and established relations, and a nation's confidence, best
promote the public weal. The present stockholders would
be no greater gainers than would be the stockholders of
a new bank; most of them have paid much more for
their stock than par, much more than it would now
bring, and many, as much as the stock would at any'time
attain. The Bank did not go into operation until the com¬
mencement of the year 1817, and such were the losses during
the first six years of its existence that its dividends were short
of three and a half per cent per annum. The average dividend
during thirteen and an half years was but four eighty-eighth
hundreths per cent, per annum; and an annual dividend of about
nine per cent, during the residue of the term of the charter
(from 1832) is necessary to give the stockholders an average
return of six per cent on their capital.*
The exclusive privileges possessed by the Bank are indis¬
pensable to its useful existence, and form an objection, not so
much against the renewal of its charter, as to the existence of
any bank. But this is a matter not within the proper pro¬
vince of the Secretary. It is purely a question of legislative
jurisdiction.
It is most certain, that these privileges have not been holden
at the expense of the community. Up to this period the divi¬
dends of the Bank have not averaged six per cent, per annum.
Whilst it has saved to the government, from forty to sixty mil¬
lions by its operations, and to the people a sum almost incal¬
culable in the equalization of exchange.
2. The question of the constitutionality of the charter ought
to be at rest. Time, the acquiescence of the nation, reason,
* Gallatin on Banking*, &c.
105
judicial authority, all have confirmed it; and were it not neces¬
sary to the completion of our purpose of giving a view of the
"Bank Question'' in all its phases, and had it not been, even
within the last two months, st'renuously denied in Congress by
members known to represent the sentiments of the President
and the administration, we would forbear to comment upon it.
With Mr. Dallas we say, "In the administration of human
affairs, there must be a period when discussion shall cease and
decision shall become absolute. A diversity of opinion may
honourably survive the contest; but upon the genuine principles
of a representative government, the opinion of the majority
alone can be carried into action. The judge who dissents from
the majority of the bench, changes not his opinion, but performs
his duty, when, he confirms the judgment of the court, although
it is contrary to his own convictions. An oath to support the
constitution and the laws, is not therefore an oath to support
them under all circumstances according to the opinion of the
individual who takes it, but it is emphatically an oath to sup¬
port them according to the interpretation of the legitimate au¬
thorities. For the erroneous decisions of a court of law, there
is the redress of a censorial, as well as of an appellate, jurisdic¬
tion. Over an act, founded upon an exposition of the Constitu¬
tion, made by the legislative department of the government,
but alleged to be incorrect, we have seen the judicial department
exercise a remedial power. And, even if all the departments,
legislative, executive, and judicial, should concur in the exer¬
cise of a power whieh is either thought to transcend the consti¬
tutional trust, or to operate injuriously upon the community,
the case is still within the reach of a competent control, through
the medium of an amendment to the Constitution, upon the
proposition, not only of Congress, but of the several States.
When, therefore, we have marked the existence of a National
Bank, for a period of, [near forty years,] with all the sanctions
of the legislative, executive, and judicial authorities; when we
have seen the dissolution of one institution, (the re-establish¬
ment of another, and a loud and continued call for its pre¬
servation;) when, under these circumstances, neither Congress
nor the several States have resorted to the power of amend¬
ment; can it be deemed a violation of the right of private opi¬
nion, to consider the constitutionality of a National Bank as a
question forever settled and at rest ?"
This view has been enlarged and sustained, by the venerable
and venerated James Madison, in his letter of the 25th June,
1831, to Mr. Charles J. Ingersol, from which we make the
following extracts ;—
" The charge of inconsistency between my objection to the constitutionality of
106
such a Bank in 1791, and my assent in 1817, turns on the question, how far legis¬
lative precedents, expounding the Constitution, ought to guide succeeding legis¬
latures, and to overrule individual opinions.
" Some obscurity has been thrown over the question, by confounding it with
the request due from one legislature, to lhws passed by preceding legislatures.
But the two cases are essentially different. A constitution, being derived from
a superior authority, is to be expounded and obeyed, not controlled or varied, by
the subordinate authority of a legislature. A law, on the other hand, resting on
no higher authority than that possessed by every successive legislature, its expe¬
diency as well as its meaning is within the scope of the latter.
"The case in question has its true analogy in the obligation arising from judi¬
cial expositions of the law on succeeding judges; the constitution being a law to
the legislator, as the law is a rule of decision to th,e judge.
" And why are judicial precedents, when formed on due discussion and consi¬
deration, and deliberately sanctioned by reviews and repetitions, regarded as of
binding influence, or rather of authoritative force, in settling the meaning of a
law ? It must be answered, 1st, because it is a reasonable and established axiom,
that the good of society requires that the rules of conduct of its members should
be certain and known, which would not be the case if any judge, disregarding
the decision of his predecessors, should vary the rule of law according to his in¬
dividual interpretation of it. Misera est servitus ubi jus est aut vagum out in-
cognitum. 2d. Because an exposition of the law, publicly made, and repeatedly
confirmed by the constituted authority, carries with it, by fair inference, the
sanction of those who, having made the law through their legislative organ, ap¬
pear, under such circumstances, to have determined its meaning through their
judiciary organ.
" Can it be of less consequence that the meaning of a constitution should be
fixed and known, than that the meaning of a law should be so? Can, indeed, a
law be fixed in its meaning and operation, unless the Constitution be so? On the
contrary, if a particular Legislature, differing in the construction of the Consti¬
tution, from a series of preceding constructions, proceed to act on that difference,
they not only introduce uncertainty and instability in the constitution, but in the
laws themselves; inasmuch as all laws preceding the new construction, and in¬
consistent with it, are not only annulled for the future, but virtually pronounced
nullities from the beginning.
" But it is said that the legislator having sworn to support the constitution, must
support it in his own construction of it, however different from that put on it by
his predecessors, or whatever be the consequences of the construction. And is
not the judge under the same oath to support the law 1 Yet, has it ever been sup¬
posed that he was required, or at liberty, to disregard all precedents, however so¬
lemnly repeated and regularly observed; and, by giving effect to his own abstract
and individual opinions, to disturb the established course of practice in the busi-
ness of the community ? Has the wisest and most conscientious judge ever scru¬
pled to acquiesce in decisions in which he has been overruled by the matured
opinions of the majority of his colleagues; and subsequently to conform himself
thereto, as to authoritative expositions of the law ? And is it not reasonable to
suppose that the same view of the official oath should be taken by a legislator,
acting under the constitution, which is his guide, as is taken by a judge, acting
under the law, which is his 1
" There is in fact, and in common understanding, a necessity of regarding a
course of practice, as above characterized, in the light of a legal rule of inter¬
preting a law; and there is a like necessity of considering it a constitutional rule
of interpreting a constitution.
" That there may be extraordinary and peculiar circumstances controlling the
rule in both cases, may be admitted; but, with such exceptions, the rule will
force itself on the practical judgment of the most ardent theorist. He will find it
impossible to adhere to, and act officially upon, his solitary opinions, as to the
meaning of the law or constitution, in opposition to a construction reduced to
practice, during a reasonable period of time; more especially where no prospect
existed of a change of construction by the public or its agents. And if a reason¬
able period of time, marked with the usual sanctions, would not bar the indivi-
107
dual prerogative, there could be no limitation to its exercise, although the danger
of error must increase with the increasing oblivion of explanatory circumstances,
and with the continual changes in the import of words and phrases.
" Let it then be left to the decision of every intelligent and candid judge, which,
on the whole, is most to be relied on, for the true and safe construction of a con¬
stitution : that which has the uniform sanction of successive legislative bodies,
through a period of years, and under the varied ascendency of parties; or that
which depends upon the opinions of every new Legislature, heated as it may be
by the spirit of party, eager in the pursuit of some favourite object, or led astray
by the eloquence and address of popular statesmen, themselves, perhaps, under
the influence of the same misleading causes."
Of the derivation of the constitutional power of Congress, an
able and satisfactory statement is given by Mr. Gallatin, in his
Essay upon Banks and Currency, of which the following is a
synopsis.
It was the object of the Constitution to consolidate the United
States into one nation, so far as regarded their foreign relations,
and some few subjects essential to the prosperity of the people.
Of these were the regulations of commerce among the seve¬
ral States, and the control over the monetary system of the
country.
Power over the last mentioned object is of primary import¬
ance. It was on a deliberate view of the subject, that it was
confirmed and enlarged by the Constitution, and the indi¬
vidual States excluded from participation in it with the General
Government. To assure this power, the Constitution provided
that, "The Congress shall have power to coin money, regulate
the value thereof, and of foreign coin; to provide for the pun¬
ishment of counterfeiting the securities and current coin of the
United States; to make all laws which shall be necessary and
proper for carrying into execution the foregoing powers:'* and
that "no State shall coin money, emit bills of credit, or make
any thing but gold and silver a tender in payment of debts."
This power over the monetary system is essential to the execu¬
tion of other powers given in the first paragraph of the 8th sec¬
tion of the first article of the Constitution, " to lay and collect
taxes, duties, imposts, and excises, to pay the debts and provide
for the common defence and general welfare of the United
States;" with the restrictive provision, that " all duties, im¬
posts and excises, shall be uniform throughout the United States."
By the admission of 'all parties, the just construction of the
words "to provide for the common defence and general wel¬
fare," gives power to Congress to lay duties and taxes for the
general welfare of the United States without other limitation
than, 1st. That duties, imports and excises should be uniform
throughout the United States; 2nd. That no direct tax should
be laid unless in proportion to the census; and 3d. That no
duty should be laid on exports.
It has been lately contended by distinguished citizens, that
the words "general welfare," refer only to powers expressly
108
vested in Congress by the Constitution; or in other words, that
the power to lay duties and taxes can be exercised only for the
purpose of carrying into effect some of those specific powers-
Admitting this for the sake of argument, the objection does not
apply to cases where the object, in reference to which the duty
or tax is laid, is clearly within the powers of the General Gov¬
ernment.
Congress has therefore the power to lay stamp duties on notes
of every description, whether of individuals or banks, to such
amount and in such manner as may be necessary to effect its
object; whether that be td provide generally for the public
welfare, or to execute the provisions of the Constitution, giving
to Congress exclusively the control over the monetary system,
and more particularly those which imply the necessity of a
uniform currency. In the exercise of this power, it may lay
a duty on small notes, which would prevent their circula¬
tion, would convert all banks into banks of discount and
deposit only, annihilate the paper currency, and render a bank
of the United States unnecessary in reference to that object.
But if this last measure prove pernicious or impracticable, Con¬
gress must resort to other means. The Bank of the United
States was established for this express purpose.
The power to establish the Bank is not derived from the
clause of the Constitution referring to the 1 'general welfare;"
but from that which gives Congress "power to make all laws
which shall be necessary and proper for carrying into execu¬
tion the powers given by the Constitution, and thereby vested
in the Government of the United States, or in any department
or office thereof. — \Jlrt. 1. see S cl. 10.] It becomes, there¬
fore, the first object to determine the meaning of the words
"necessary and proper" in that clause.
The word " necessary" must not be taken in its strict sense,
as if it stood alone. It is connected with, and qualified by the
word "proper." This last word implies, that what is called
necessary, may be proper or improper. Hence the words
" laws necessary and proper," are not intended in the most
limited sense, implying absolute impossibility of effecting the
object without the law; but mean such laws as are fairly intend¬
ed, and highly useful and important for that purpose.
That such is the fair and uniform construction of the Consti¬
tution, without which it could not have been carried into effect,
is apparent from many laws; particularly from that most gene¬
ral and important law, enacted from the first organization of the
government, from a provision which has been retained in it
through all its modifications—the law to lay and collect duties
on imports. This requires a variety of oaths; among others
that of the importers or consignees, relating to the quantity and
109
value as stated in their invoices. Yet such oaths are not abso¬
lutely necessary, because the duties, as in France, might be ef¬
ficiently collected without them, by means of the appraisement
of the merchandize.
There are several means of carrying into effect any of the
powers expressly defined in the Constitution. No one of these
can be strictly necessary, whilst any one of the remainder may
be used. But if we object to each, as not so necessary, no mean
can be used. Thus the restriction on the issues of State Banks
may be effected by a stamp duty, or by a Bank of the United-
States. But, if these be the sole means, and we refuse both,
because neither is indispensable, the object will be unattainable.
But, to render such means necessary and proper, they should
not only be highly useful and essential, for effecting a power
vested in Congress, but should tend clearly and bona fide to
their avowed object—hot be colourably auxiliary to one power,
when designed to effect another. This was the ground of oppo¬
sition to the first Bank. Experience had not then taught the
efficiency of the agency of a Bank to regulate the currency,
nor its utility in aiding the operations of the government. In¬
deed, there were but three banks in the country, and little
could be known of their nature and effects. The friends of the
United States Bank, therefore, did not put the necessity of its
creation upon the regulation of the currency, but claimed it as
an incident to the powers of regulating commerce, of collecting
the revenue, of the safe keeping of public moneys, and gene¬
rally, of carrying on the operations of the Treasury. Its oppo¬
nents did not believe these to be the real purposes, but supposed
that it was designed for the consolidation of a monied aristocracy,
and to further the views at that time ascribed to a certain party
and its assumed leader. These erroneous opinions have passed
away, but they have left impressions which may still affect pub¬
lic opinion in relation to the constitutionality of the Bank.
It is now universally admitted that the use of banks is indis¬
pensable to the government. But against all experience, it
is insisted, that the operations of the Treasury and the regula¬
tion of the currency may be effected with equal facility and
safety through the State Banks alone, as through a Bank of the
United States; and on that ground the constitutionality of the
latter is denied. To admit, however, that State Banks are ne¬
cessary to the operations of the government, is an abandonment
of the question. To make and to use, or to make and to hire,
must require the same power in this case, and be either both
constitutional, or both equally unconstitutional; except that,
every consideration of propriety and expediency and conve¬
nience, requires that Congress should make a Bank, which will
suit its own purposes, answer its own ends, and be subject to
110
its own control, rather than use other Banks, which were not
created for any such purpose, are not suited to it, and over
which Congress can exercise no supervision. The power in
either case to use a bank, can be derived only from the fact,
that it is necessary and proper for carrying into effect the powers
granted by the Constitution. The General Goverment is not
made by the Constitution to depend, for the execution of its
powers, on the uncertain aid of institutions created by other
authorities and independent of its control. It is expressly au¬
thorized to carry those powers into effect by its own means, by
passing the laws necessary and proper for that purpose, and in
this instance by its own Bank.
But it is not on the useful agency of the Bank in treasury
operations that its constitutionality is now mainly placed. The
States, though forbidden by the Constitution to issue bills of
credit, have, to all intents and purposes, so done, through the
agency of the banks, and the notes of these banks produce the
very effect the Constitution intended to prevent by the prohibi¬
tion. The injustice to individuals, the embarrassments of go¬
vernment, the depreciation of the currency, its want of uni¬
formity, the moral necessity imposed on the community, either
to receive the unsound currency, or to suspend business transac¬
tions, all the evils consequent on the suspension of specie pay¬
ments have been as great, if not greater, than those which
might have flowed from a paper currency, issued directly by
State authority.
We have already adverted to several provisions of the Constij
tution which give Congress the right and impose the duty to
provide a remedy; but there is another, deserving special con¬
sideration. Notwithstanding the suspension of specie payments'
in Great Britain, the Bank of England, by its notes, though
fluctuating and depreciated, furnished a currency which was
uniform throughout the kingdom. But such we have seen was
not the case with the currency supplied here by the State banks.
It was not only depreciated, but multiform. It is specially pro¬
vided by the Constitution of the United States, 1. That all du¬
ties, imposts and excises shall be uniform throughout the United
States; and, 2. That Representatives and direct taxes shall be
apportioned among the several States, according to their respec¬
tive population. Both these just provisions are violated when
currencies, of different values in the several States, prevail.
Upon this ground, alone, Congress would be obliged to provide
means for giving effect to these constitutional provisions. The
uniformity of taxes of every nature is an essential and funda¬
mental principle of the Constitution and our political association.
That uniformity depends on the uniformity of the currency.
Therefore, laws to effect this are "necessary and proper," in
the strictest sense of the words. But there are two means only
Ill
to attain the object, a metallic or a uniform paper currency.
The one may be possible, but it is difficult of attainment, and if
attainable, inexpedient; because it involves the destruction of
all the State banks and the established commercial system.
The other is prepared to our hands, and we know, from long and
various experience, will insure a sound and uniform currency;
checking and regulating the greater part which it does not
itself supply.
3. We are now to examine the third reason of the Secretary,
for believing that the charter of the Bank will not be renewed;
which is, that public opinion had pronounced against the Bank
in the result of the Presidential election. In his cabinet com¬
munication of 18th September, 1S33, the President avers, that
his election was put upon the question of the recharter. "Can
it now be said," he exclaims, "that the question of a recharter
of the Bank was not decided at the election which ensued? Had
the veto been equivocal, or had it not covered the whole
ground—if it had merely taken exceptions to the details of the
bill, or to the time of its passage—if it had not met the whole
ground of constitutionality and expediency, then there might
have been some plausibility for the allegation that the question
was not decided by the people. It was to compel the Presi¬
dent to take his stand, that the question was brought forward
at that particular time. He met the challenge, willingly, took
the position into which his adversaries sought to force him, and
frankly declared his unalterable opposition to the Bank, as
being both unconstitutional and inexpedient."
" On that ground the case was argued to the people. And
now that the people have sustained the President, notwithstand¬
ing the injluence and power which was brought to bear upon
him, it is too late, he confidently thinks, to say that the ques¬
tion has not been decided. Whatever may be the opinion of
others, the President considers his re-election as a decision of
the people against the Bank."
In the concluding paragraph of his veto message, he said:
" I have now done my duty to my country. If sustained by
my fellow citizens, I shall be grateful and happy; if not, I shall
find in the motives which impel me, ample grounds for content¬
ment and peace. He was sustained by a just people, and he
desires to evince his gratitude by carrying into effect their deci¬
sion, so far as it depends upon him."
The Secretary echoes these declarations thus: " The question
of the renewal of the charter was introduced iiato the election
by the corporation itself. Its voluntary application to Congress
for the renewal of its charter four years before it expired, and
upon the eve of the election of President, was understood on
all sides, as bringing forward the question for incidental deci-
112
sion, at the then approaching election. It was, accordingly, ar¬
gued, on both sides, before the tribunal of the people, and their
verdict pronounced against the Bank, by the election of the can¬
didate who was known to have been always inflexibly opposed
to it."
We have made these extracts for the double purpose of con¬
troverting and disproving the allegations, and of rebuking the
political heresy which they contain. We have, elsewhere,
shown, that the President, prior to his cabinet communication,
had, at no time, met the whole ground of constitutionality and
expediency—that the veto was not equivocal, inasmuch as it
declared, that the Bank of the United States was convenient for
the government, and useful for the people ; that the President
was impressed with the belief, not that a Bank of the United
States was unconstitutional and inexpedient, but that some of
the powers and privileges of the existing Bank are unautho¬
rized by the Constitution, subversive of the rights of the States,
and dangerous to the liberties of the people, " and that, had
the Executive been called upon to furnish the project of such
an institution, the duty would have been cheerfully per¬
formedWithout comment upon the arrogance of the inti¬
mation, that the Executive would furnish the Legislature a plan
for the regulation of the finances of the country—a matter ex¬
clusively pertaining to the latter, and the ignorance which the
suggestion displays of the relative rights and obligations of the
executive and legislative branches of the government, w6 ask
whether this naked prevarication is not at once a mockery of
the people, and a disgrace to the country ?
" But what part of the charter, or of any law of Congress, authorises the
Secretary to communicate such a reason to the House ? Where is the warrant
for the'Secretary's instructing Congress as to the decision of the people upon a
matter of future legislation ? By what channel does the Secretary maintain an
intercourse with the people that is not open to their representatives ? How does
the Secretary know any thing as to the wishes of the people, which the represen-
tatives of the people do not better know themselves ? The communication of such
a reason to the representatives of freemen, who are themselves freemen, is with-
out a precedent in the history of this or any other representative Government.
The alleged fact is, moreover, an assumption, find a mere assumption, without
proof, and without the means of proof. It is a political inference which the
people of this country will never sustain, until they are prepared to say that the
election of a President is not the result af a preference founded upon his general
qualifications, opinions, and actions, but is an adoption and ratification of his sin¬
gle will to any extent that he has at any time declared it, and even when he may
have declared it in contrary directions at different times.
The constitutionality and expediency of a Bank of the
United States, was not put before the tribunal of the people,
nor did they understand that they were required to judge such
a question. We appeal to their representatives in either House
of Congress.
US
Mr. Clay, of the Senate, replies :
" In the canvass which ensued, it was boldly asserted, by the partizans of the
President, that he was not opposed to a Bank of the United States, nor to the ex¬
isting Bank with proper amendments. They maintained, at least wherever those
friendly to a National Bank were in the majority, that his re-election would be
followed by a recharter of the Bank with proper amendments. They dwelt, it
is true, with great earnestness upon his objections to the Bank, as at present
modified, and especially to the pernicious influence of foreigners holding stock
in it; but they, nevertheless, contended, that these objections would be cured, if
he was re-elected, and the Bank sustained. I appeal to the whole Senate, to my
colleague, to the people of Kentucky, and especially, to the citizens of the city of
Louisville, for the correctness of this statement"—[Speech 26 30th Dec. 1833.]
Mr. Southard responds:
" Due regard was observed not to close up the question. For we are assured,
that after the Veto, 'a general discussion will take place, eliciting new, and set¬
tling important principles: and a new ' Congress, elected in the midst of such
discussions, and furnishing an equal representation of the people, according to
the last census, will hear to the Capitol, the verdict of public opinion, and, I doubt
not, bring this question to a satisfactory result.'' What Congress was to bear this
verdict to the Capitol ? The present—that now in actual session, in that very
Capitol—members elected amidst those discussions, of which, I am one! We
were to bear the verdict! Had the Secretary heard it when he acted ? Did the
Executive wait to hear it ? How did they know what we should say ? How
know, that a majority would not be of the opinion, that the Bank ought to be
rechartered ? Or that, even two-thirds might not be found to oppose on this
point, the Executive will, should that will resist their views in managing their
constitutional guardianship over the Treasury ? Could they not wait sixty days
for that verdict, for which they had promised to wait ? Was the country on the
brink of ruin, sliding down the precipice into the gulph of irretrievable bank¬
ruptcy, that its drowning honour and perishing fortunes must be thus rudely
rescued ? That message was a solemn promise, by the Executive, to let this
question be settled by Congress and to submit to it. What else can the words
mean, but that, the people would consider the subject, and their representatives
decide it ? Did the President intend to trifle with, the people ? To profess re¬
gard for their opinions, as expressed through Congress, and yet to scorn those
opinions by his actions? Was he giving out Delphic responses? Did he
palter with us in a double sense ? No, sir, he meant, then, what he said, how¬
ever ill the promise has been kept, under the influence of those who have sur¬
rounded him. The people so understood—they so believed. It was to be tested,
whether, without new arguments or new facts, legislative assemblies, chambers
of commerce, and the great majority of the people of these States, had changed
their opinions upon the new lights, which subservience to party, and devotion to
men have afforded ? Nay, it was even reasonable to suppose, that the President
himself might yield his official opinions to the deliberate, well-considered opi¬
nions of a majority of the people, and to permit their judgments to govern in
this land of majorities, and under institutions which have so long sanctioned the
existence of such a fiscal agent. It had been so before. Mr. Madison had
yielded his doubts, upon principles, and for reasons which do equal honour to his
head and heart, and which are well developed in his letter of 25th June, 1831."
And Mr. Wilkins—to be sure, the mutable nature of this gen¬
tleman's opinions may detract somewhat from the force of his
testimony—but as, like the helianthus, his changeful course
always looks towards the sun above the horizon, and as he is
the zealous worshipper of the luminary, we may use his evi-
K 2
114
dence with confidence, and with a compliment to the sincerity
which most notably puts the President in the wrong, and re¬
proves the Secretary most ungently for overlooking the Act of
Congress, and directing his eye to political signs.
" A bill," he says, " had been introduced into Congress for the renewal of the
Bank charter, and had been lost. The same Chief Magistrate, by whose veto
that measure had been defeated, was subsequently re-elected by the people. And
I will take occasion to observe, that I do not put the common construction upon
that political event; and in the inference I draw from it, I differ in some degree
from the President and Secretary of the Treasury. I do not think that result
turned upon the question of the recharter of the Bank ; nor was it a popular deci¬
sion of that inquiry. I believe the people in that Presidential election looked
beyond the Bank; and (without meaning any indelicacy towards his distinguish¬
ed competitor,) were governed by higher and more interesting considerations in
the re-election of General Jackson. Thousands of voters threw their weight on
the side of the successful candidate, who would vote for a National Bank to-morrow."
Has the gentleman who uses this unkind frankness no fear
of the pains and penalties provided for 44 refractory subordi¬
nates," whether of the official or party hierarchy ?
Let us now seek the opinions of the immediate delegates of
the people, in the House of Representatives.
Mr. Moore, of Va., says:
44I cannot perceive the least propriety in the Secretary introducing topics of
this kind into his report: nor do I know by whom he waS constituted the judge
of the motives which governed the people in making choice of a chief magistrate;
but I am certain, he could not have come to a more erroneous conclusion, than
he has done. Every gentleman here knows, that General Jackson would have
been elected whether he was for or against the Bank. The only hope entertain¬
ed by his opponents of preventing his re-election, was dependent upon his vetoing
the Bank charter. All admitted if he approved the charter, he would be elected
by a great majority. He would have been elected if he had chartered forty
banks, by even a larger vote than he received. The chartering the Bank was
not the only question upon which the Presidential election turned : on the con¬
trary, it is probable that more than one half of those who voted for the present
Chief Magistrate were, at that time, in favour of rechartering the Bank."
And Mr. Wise, also of Virginia, who reports himself, as we
have already noticed, 44 most distinctly" a friend of the admin¬
istration, and an 44 honest man," thus expresses his sentiments
to the same purpose:
44 Sir, I am, undisguisedly and decidedly, a friend to the constitutional power
of Congress to incorporate a Bank of the United States on proper principles; and
I am more than ever convinced, that such an institution, properly organized, is
absolutely necessary to conduct, not only the commercial operations of the peo¬
ple, but the financial operations of the government. And there is no subject on
which I differ more widely with the President and with the Secretary, than on
this important subject. I, for one, once did think that the President would sanc¬
tion such a charter as can be made congenial to, and consistent with the Constitu¬
tion. On all proper occasions when using my feeble efforts to elect him, I confi¬
dently declared this belief to many of the people whom I represent."
Mr. Chilton Allen, whom we had before occasion to quote,
with much satisfaction, testifies, thus, to the same effect:
115
u But, Sir, we are told that this nation has decided against the existence of a
National Bank, and the second election of General Jackson to the Presidency is
referred to, to prove that fact. I deny that the election of General Jackson either
proves, or conduces to prove, that the people of the United States are opposed to a
National Bank. General Jackson certainly went before the people, at the last
election, as a Bank man. It is true, in his veto message he made known his ob¬
jections to certain parts of the existing Bank charter; but it is equally true that,
in the same message, he spoke of a United States Bank as a useful institution,
and said that a charter for one could be made compatible with the Constitution ;
and that, if he had been called on, he would have furnished such a charter. It ia
equally true that Mr. M'Lane, while acting as his Secretary of the Treasury,
under his supervision, in his annual report to the first session of the last Congress,
did maintain, most ably and clearly, that the National Bank was an Institution
necessary both to the administration of the affairs of the Treasury and the pre¬
servation of the currency. Then, Sir, I undertake to say that the Jackson party,
in every county and district in the United States, presented General Jackson to
the people, upon the authority of his veto message and Mr. M'Lane's report, as
friendly to a United States Bank, properly modified. I appeal to every member
now in this House for the truth of this statement. The people were every where
told that General Jackson vetoed the Bank bill because it was brought before him
too soon, for electioneering purposes, and because he disapproved certain modifi¬
cations of the charter; but that he would, after his election, give his approbation
to a National Bank properly guarded. A gentleman from Virginia, (Mr. Wise,)
said, the other day, that this was the view presented to the people of his district
before the Presidential election. I know it was the view taken in Kentucky.
And I say, upon the authority of the public press, and the veto message, and Mr.
M'Lane's report, that this was the manner in which General Jackson was pre¬
sented to the people of the United States at the last Presidential election. If I
am mistaken in regard to any part of the country, I hope the gentleman who
knows the fact will correct me. General Jackson has been deceived in his infor¬
mation on this subject; and if he will inquire of the members of the present
Congress, he will be informed that he was elected as a Bank man. But, Sir, if it
had been known that-General Jackson was opposed to a National Bank in any
form, his election would not prove that the people were opposed to a Bank; for the
fact is, that his popularity was so overshadowing, that he could have been elected
on any side of any question.
" In coming to a conclusion in regard to the matured sense of the American
people, on the subject of a National Bank, I will rely not upon the election of any
particular man, (when it is a fact of such general notoriety that the election did
not. turn upon the Bank question,) but will appeal to the history of forty years,
during which a National Bank has existed in this country, and, during which
protracted period, met with the public support, attested by all the modes of ratifi¬
cation that can flow from the general acquiescence—from legislative sanction,
judicial confirmation, and executive approval."
Abundant evidence has been, and much more might be, ad¬
duced, to show that the question of the Bank was not on trial
before the people at the late Presidential election. But if we
admit the issue to have been formed, the verdict must be gather¬
ed, not from the result of the Presidential election alone, but
from the return of the representatives of the people, mediate
and immediate. The majority of the Senate in favour of the
Bank has been increased, and the results in the lower house,
not against the measure, are thus exhibited by Mr. J. Q. Adams,
with his accustomed ability:
" When the President of the United States said, that if the last Congress had
continued in session one week longer, the Bank would, by corrupt means, have
116
procured a recharter by majorities of two-thirds, in both Houses of Congress, to
what portion of the members of both Houses did this honourable testimonial of
his confidence specially apply ? At the preceding session of the same Congress, a
bill to recharter the Bank had passed the Senate by a vote of 28 to 20. It had
passed in the House by a vote of 107 to 85, and this was immediately after an
investigation of the affairs of the Bank by a committee of the House, who went
to Philadelphia for that express purpose, and every member of that committee is
also a member of this House. Of the 107 members of the House who voted for
that recharter, 50 are members of this House; of the 85 members who voted
against it, 41 are members of the present House; and there is in this proportion,
on both sides, a coincidence so remarkable, that I cannot help inviting to it the
attention of the House. It has been assumed by the President of the United
States, and repeated by the Secretary of the Treasury, and by the report of the
Committee of Ways and Means, that the re-election of the President, after his
veto upon this very bill to recharter the Bank, is of itself equivalent to a verdict of
the people against the Bank. Mr. Speaker, I shall not inquire what sort of an
estimate this position supposes the people to have formed of all the other measures
of a four years' administration. It seems to me an admission, that in all the rest
of his measures, the people saw and felt nothing, which could have secured to
him his re-election, but that this crushing of the monster was not only meritorious
in itself, but sufficient to outweigh a mass of demerit, in the whole system of the
administration besides, which would have forfeited the claim to that approbation
of the people of which the result of the election was the test. Sir, if the President
of the United States is willing that his reputation as a statesman at the head of
this Union, should go down upon the records of this age, to the admiration of after
times, on the single and solitary foundation of his having destroyed the Bank of
the United States, I can have no possible objection to his being gratified. He will
suffer no injustice by having that measure applied to his foot as the standard, and
then inferring from that the whole man, " Ex pede Herculem " all the rest will be
perfectly congenial with it; and such I have no doubt will be the judgment of
posterity. But, Sir, if his re-election can, with any pretence of reason, be consi¬
dered as an evidence of the sentence of condemnation by the people, against the
Bank, then I say that the re-election of the members of the House, who voted for
and against that bill to recharter the Bank, is evidence far more conclusive and
unequivocal of the sentiments of the people with regard to the Bank and the re¬
charter, than the Presidential election was or could be. Now, Sir, every member
©f this House who voted for or against that bill to recharter the Bank, has passed
through that ordeal of re-election since he gave that vote; and it so happens that
the proportion of re-elected members of those who voted for and against the re¬
charter, is precisely the same. One member of the House who voted for the re¬
charter, Philip Doddridge, of Virginia, we soon after followed, in melancholy
proeession, to the grave; and sure I am, that there is not a Virginian heart who
hears me, but will respond to me when I say that his vote was no feeble testimo¬
nial of the purity of purpose with which every vote was given on that occasion,
which now stands recorded in association with his. Had he lived and consented
to serve, there can be no doubt that he would still have been one of us. There
would then have been 51 re-elected members of 107 members who voted for the
recharter; there are 41 of 85 who voted against it; and as 41 is to 85, so is 51 to
107. Sir, the doctrine of chances, and all the other elements which are mingled
up in the process of electioneering throughout this whole Union, has not pro¬
duced a variation from the proportion, to the amount of a single man ; and what
is the inference that I draw from this curious and extraordinary arithmetical de¬
monstration ? Why, Sir, that all the members on both sides of the question, those
who voted for and those who voted against the recharter, faithfully represented
the sentiments of their respective constituents; and this result, so uniform, of the
elections to this House throughout the whole Union, is of itself an honourable
vindication of the integrity of its members, from the baseness imputed to them
by the Chief Executive Magistrate.
"This vindication, it must also be observed, is more necessary to that portion of
the members of the House who voted against the recharter, and were the de¬
voted friends of the President and of his administration, than to the rest. It was
117
from the eighty-five members who voted against the recharter that the recruits
of corruption must have been levied, to constitute, with the one hundred and
seven who had already voted for the recharter, that majority of two-thirds which
could have effected the recharter in defiance of the veto. Of the eighty-five names
which stand thus recorded, twenty-one must have changed their votes from the
negative to the affirmative before the recharter could have been accomplished by
a majority of two-thirds; and this is what the President of the United States con¬
sidered not only as practicable, but as certain to have been effected, by corrupt
means, if the last session of Congress had continued one week longer. Mr. Speak¬
er, I do not believe there was one member of the last Congress who voted against
the rechartering of the Bank, who could have been induced to change his vote by
corrupt means, had the President and Directors of the Bank been base enough to
attempt the use of them. I believe this imputation to have been as unjust as it
was dishonourable to both the parties implicated in it. That it was cruelly un¬
generous towards the friends of the administration in this House, is my deliberate
opinion; and, as I am well assured, there was not one of them justly obnoxious to
the suspicion, so there is no one of them who can be considered exempted from
it And now, when we reflect that this defamatory and disgraceful suspicion,
harboured or professed against his own friends, supporters, and adherents, was
the real and efficient cause, (to call it a reason would be to shame the term,) but
that it was the real motive for the removal of the deposites during the recess of
Congress, and only two months before its meeting, what can we do but hide our
heads for shame? Sir, one of the duties of the President of the United States—a
duty as sacred as that to which he is bound by his official oath, is that of main¬
taining unsullied the honour of his country. But how could the President of the
United States assert in the presence of any foreigner a claim to honourable prin¬
ciple or moral virtue, as attributes belonging to his countrymen, when he is the
first to cast the indelible stigma upon them. ' Vale, venalis civitas, mox periturat
si emptorem invenias? was the prophetic curse of J ugurtha upon Borne, in the
days of her deep corruption. If the imputations of the President of the United
States, upon his own partizans and supporters, were true, our country would have
already found a purchaser."
But an executive appeal to the people, and the induction of
power and authority for action upon their determination, real
or suppositious, is a political heresy of the most alarming nature.
If it be a principle of our political system, that an appeal lies
from the Congress to the people, determinable at the instance,
and upon the judgment, of the President, there is an authority
unknown to, and above, the Constitution, and we are not only
in the midst of revolution, but a revolution has been completed;
our representative system is destroyed; the only elements of
the body politic are broad democracy and a single headed Execu¬
tive, and we have sunk into the preparatory stage of absolute
despotism.
This very important portion of the Presidential assumptions,
we think, has not been sufficiently regarded in the late debates
of Congress. Mr. Clay and Southard have noticed it, but it
has been best probed by Mr. Calhoun, whose great sensitive¬
ness to constitutional violation, could not escape a shock.
" I would inquire," he says, " by what authority the Secretary of the Treasury
constitutes himself the organ of the People of the United States. He has the repu¬
tation of being an able lawyer; and can he be ignorant, that so long as the Con¬
stitution of the United States exists, the only organ of the people of these States,
as far as the action of the General Government is concerned, are the several
118
departments legislative, executive and judicial; which, acting within the respec¬
tive limits assigned by the Constitution, have a right to pronounce, authoritatively,
the voice of the people. A claim on the part of the executive to interpret, as the
Secretary has done, the voice of the people, through any other channel, is to shake
the foundation of our system. Has the Secretary forgotten, that, the last step to
absolute power is this very assumption which he has claimed for that department.
I am thus brought to allude to the extraordinary manifesto read by the President
to the Cabinet, and which is so intimately connected with the point immediately
under consideration. That document, though apparently addressed to the Cabi¬
net, was clearly and manifestly intended as an appeal to the people of the United
States, and opens a new and direct organ.of communication, between the Presi¬
dent and them, unknown to the laws. There are but two channels known to
either, through which the President can communicate with the people—by mes¬
sages to the two Houses of Congress, as expressly provided for by the Constitu¬
tion, or by proclamation, setting forth the interpretations he places upon a law it
has become his official duty to execute. Going beyond this is one amongst the
alarming signs of the times, which portend the overthrow of the Constitution,
and the approach of despotic power."
It is not, however, in the President's Address to the People
that we see danger. It would be no great stretch of construc¬
tion, to consider the communication which Mr. Calhoun calls a
Manifesto, a Proclamation. It is the claiming and construing
the response—the drawing from it authority for executive and
legislative action, that violates the Constitution. Yet the mode
of communication to the people, adopted by the President, is
essentially vicious, as well as extraordinary, and can originate
only in the desire to obtain influence in matters which are
against or beyond the law.
The appeals of the President to the people are not only un¬
constitutional, but are otherwise of the most dangerous charac¬
ter—demagogical, anarchical, and inflammatory—they tend to
excite the poor against the rich, and to produce the worst of
civil wars. For what honest purpose can the executive de¬
claim, in a message to Congress, such passages as the following;
containing principles sound enough in the abstract, but rendered
most mischievous by false application?
" It is to be regretted that the rich and powerful too often bend the acts of
government to their selfish purposes. Distinctions in society will always exist
under every just government. Equality of talents, of education, or of wealth, can¬
not be produced by human institutions. In the full enjoyment of the gifts of
heaven, and the fruits of superior industry, economy, and virtue, every man is
equally entitled to protection by law. But when the laws undertake to add to
these natural and just advantages, artificial distinctions, to grant titles, gratuities
and exclusive privileges, to make the rich, richer, and the potent more powerful,
the humble members of society, the farmers, mechanics, and labourers, who have
neither the time nor the means of securing like favours to themselves, have a right
to complain of the injustice of the government."
Again:
w Experience should teach us wisdom. Most of the difficulties our government
now encounters, and most of the dangers which impend over our own union, have
sprung from an abandonment of the legitimate objects of government, by our na•
119
tional legislation, and the adoption of such principles as are embodied in this Act,
(Bill for renewal of Bank Charter.) Many of our rich men have not been content
with equal protection and equal benefits; but have besought us to make them richer
by act of Congress. By attempting to gratify their desires, we have, in the results
of our legislation, arrayed section against section, interest against interest, and
man against man, in a fearful commotion, which threatens to shake the founda¬
tions of our Union. It is time to pause in our career, to review our principles,
and, if possible, to revive that devoted patriotism and spirit of compromise which
distinguished the sages of our revolution, and the fathers of our Union. If we
cannot, at once, in justice to interest vested under improvident legislation, make
our government what it ought to be, we can at least take a stand against all new
grants of monopolies and exclusive privileges, against any prostitution of our go¬
vernment, to the advancement of the few, at the expense of the many, and in fa¬
vour of compromise and gradual reform in our code of laws and system of political
economy."
What are these and the like extracts, which might be made
from the executive documents, but attempts to inflame the peo¬
ple against the "improvidence" and "prostitution" of their
representatives, and to incite them to seek protection and relief
from the executive ? What, but an effort'to bring into dreadful
activity the worst passions of our nature—to produce amongst,
what the President has been pleased, in the most factious spirit,
to call the "humble members qf society, the farmers, mechan¬
ics and labourers," unhappy discontents—and to array the poor
against the rich? All must condemn the design, but none can
fear its full success. Fortunately, for the peace of the States,
these " humble members of society" comprise the great mass
of the virtue, wealth and talent of the country, and are most
obnoxious to the unfounded reproaches of the President. The
appeals of the Executive are framed in the cant and slang
adapted to the Fauxbourgs of Paris, and the purlieus of St. Giles;
and were our people less enlightened, less happy and independent,
they might have responded to the call of the Executive, " to
take a stand against all neib grants of monopolies and
exclusive privileges—against any prostitution of our government
to the advancement of the few at the expense of the many," in
armed multitudes; and we might have seen the President "re¬
forming our code of laws and system of political economy,"
by the forcible expulsion of Congress from the Capitol.
But even in our enlightened country, such appeals are not
altogether without effect; though they assume, fortunately,a form
less odious and noxious than in other states. We recognise
their operation in the election of the majority of the House of
Representatives, under pledges to support the Jackson adminis¬
tration—We recognise it, too, in that most shameful acquies¬
cence by the majority, in the charge made by the President of
corruption and corruptibility against them and their predeces¬
sors. But as the consummation of the President's design,depends
upon the surrender of the peculiar and appropriate powers of
Congress, the love of power, not less conspicuous in popular
120
bodies thap in individuals, combined with a spirit of patriotism,
may prevent its completion.
In speaking of the late executive documents, Mr. Wilde holds
this appropriate language:
" The style and spirit of all these documents, from the veto message to the
report of the committee, are in my judgment highly exceptionable. They have
a general similitude. There is, throughout, too little calm reason; too little of
sober and enlightened experience; and too much appeal to the more ignoble pas¬
sions. Instead of clear-sighted, deep-searching and far-reaching sagacity, we
have the incarnate spirit which practices on popular delusions, and has been the
ruin of all republics. The Demus of the old Greek comedy, the Agrarians of
Rome, the disciples ofSpence in England, and the Jacobins in France, held simi¬
lar language. It is the first time, however, I believe, that we have seen the chief
executive magistrate of a free and intelligent people made "to talk and act Jack
Cade."
Mr. Webster, too, has adverted to this topic with equal elo¬
quence, force and truth.
" Sir, there is one other subject on which I wish to raise my voice. There is a
topic, which I perceive is become the general war cry of party, on which I take the
liberty to warn the country against delusion. Sir, the cry is to be raised, that this is a
question between the poor and the rich. I know, Sir, it has been proclaimed that
one thing was certain—that there was always a hatred from the poor to the rich;
and that this hatred would support the late measures, and the putting down ofthe
Bank. Sir, I will not be silent at the threatening of such a detestable fraud on
public opinion. If but one man, or ten men in the nation, will hear my voice, I
would still warn them against this attempted imposition.
" Mr. President, this is an eventful moment. On the great questions which
occupy us, we all look for some decisive movement of public opinion. As I wish
that movement to be free, intelligent, and unbiassed—the true manifestation of
the public will—I desire to prepare the country for another assault, which I per¬
ceive is about to be made on popular prejudice—another attempt to obscure all
distinct views of the public good—to overwhelm all patriotism, and all enlightened
self-interest, by loud cries against false danger, and by exciting the passions of
one class against another. I am not mistaken in the omen—I see the magazine
whence the weapons of this warfare are to be drawn. I already hear the din of
the hammering of arms, preparatory to the combat. They may be such arms,
perhaps, as reason, and justice, and honest patriotism cannot resist. Every effort
at resistance, it is possible, may be feeble and powerless; but, for one, I shall
make an effort—an effort to be begun now, and to be carried on and continued,
with untiring zeal, till the end of the contest comes.
" Sir, I see in those vehicles which carry to the people sentiments from high
places, plain declarations that the present controversy is but a strife between one
part of the community and another. I hear it boasted as the unfailing security,
the solid ground never to be shaken, on which recent measures rest, that the poor
naturally hale the rich. I know, that under the shade of the roofs of the Capitol,
within the last twenty-four hours—among men sent here to devise means for the
public safety and the public good—it has been vaunted forth, as matter of boast
and triumph, that one cause existed, powerful enough to support every thing,
and to defend every thing, and that was—the natural hatred of the poor to tht
rich.
" Sir, I pronounce the author of such sentiments to be guilty of attempting a de¬
testable fraud on the community; a double fraud; a fraud which is to cheat
men out of their property, and out of the earnings of their labour, by first cheating
them out of their understandings.
"1 The natural hatred of the poor to the rich." Sir, it shall not be till the last
moment of my existence—it shall be only when I am drawn to the verge of
121
oblivion—when I shall cease to have respect or affection for any thing* on
earth—that I will believe the people of the United States capable of be¬
ing effectually deluded, cajoled, and driven about in herds, by such abom¬
inable frauds as this. If they shall sink to that point—if they so far cease
to be men—thinking men, intelligent men—as to yield to such pretences
and such clamor, they will be slaves already; slaves to their own pas¬
sions—slaves to the frand and knavery of pretended friends. They will
deserve to be blotted out of all the records of freedom; they ought not. to
dishonour the cause of self-government, by attempting any longer to exer¬
cise it; they ought to keep their unworthy hands entirely off from the
cause of republican liberty, if they are capable of being the victims of ar¬
tifices so shallow—of tricks so stale, so threadbare, so often practised, so
much worn out, on serfs and slaves.
" ' The natural hatred of the poor against the rich.''' ' The danger of a
monied aristocracy!' ' A power as great and dangerous as that resisted
by the Revolution!' ' A call to a new Declaration of Independence!'
" Sir, I admonish the people against the objects of outcries like these.
I admonish every industrious laborer in the country to be^on his guard
against such delusion. I tell him the attempt is to play off his passions
against his interests, and to prevail on him, in the name of liberty, to des¬
troy all the fruits of liberty; in the name of patriotism, to injure and
afflict his country; and, in the name of his own independence, to destroy
that very independence, and make him a beggar and a slave. Has he a
dollar? He is advised to do that which will destroy half its value. Has
he hands to labour? Let him rather fold them and set still than be push¬
ed on, by fraud and artifice, to support measures which will render his
labour useless and hopeless."
Let us examine, for a single instant, into the nature of
banking institutions, which faction now so much decries, but
which are dangerous, only, in their excess, and which, with the
power of steam locomotives, have carried us forward in an un¬
paralleled progress of prosperity ? Are they " grants of mo¬
nopolies" and exclusive privileges as they have been character¬
ized? The answer is most satisfactorily furnished by Mr.
Cushing of Newburyport, in an able speech before the House of
Representatives of Massachusetts.
"Sir, in the face of this partizan denunciation of the property of the
country, I undertake to say, that, if any fact in political science be sus¬
ceptible of demonstration, the inseparable connection of capital and of
labour is that fact. Take the example of our banks, which are puTe
monied institutions. Who are chiefly interested in their welfare ? Is it
the rich ? Is it, as we have heard so emphatically and confidently asserted
here to-day, the rich capitalists ? Do they employ the banks as engines
for 'grinding the poor,'as it has been affirmed this morning? By no
means.—Never was there a wilder delusion. Desirous, some time ago,
of understanding the precise fact, I had recourse, in the first place, to the
books of the Merchants' Bank of Newburyport, to which I had right of
access in capacity of director. Personally knowing every stockholder,
his condition and his pursuits, I went carefully over the dividend-book of
that bank, and I found that, of its six thousand shares, 3923 belonged to
women and to public institutions, 1035 to working mechanics, and only
1042 to any description of capitalists. Struck with this result, I made a
similar examination of the stock-book of the Mechanics' Bank in the same
town; and of the two thousand shares into which its capital is di-
122
vided, 946 belong to women and public institutions, 593 to working me*
chanics, and only 461 to capitalists. Not content with this, I pursued my
inquiries in different banks of the city of Boston, and I found the general
fact substantially the same, with this qualification; namely, that although
in banks newly got up, a larger proportion of the stock occasionally be¬
longed to capitalists, yet in a few years it all took the ordinary course of
getting into the hands of women, public institutions and thrifty mechanics.
I speak advisedly in this matter, on the strength of carefully prepared ab¬
stracts, of which I give a single example taken at mere hazard. Thus,
the stock-book of the bank I have in mind exhibits this result: of ten
thousand shares, 2834 are held by women, trustees and guardians; 2247
by public institutions; and only 1551 by capitalists; and the remaining
3360 by men of the industrious classes.
"The reason of this fact is plain enough to those who will use their
eyes. Capitalists do hot choose to pay to the State an excise upon their
circulating cash capital; to pay the rent of a banking house ; to pay the
salaries of presidents and cashiers, for doing what they can do as well in
their own persons; to be restricted to six per cent interest for their
money; and to have their affairs scrutinized every day of the year by the
public authorities of the State. No, they prefer to keep their money under
their own controul, and to use it in buying blue books or cashing notes at
an extra interest of one per cent per month. It is the mechanic, the soli¬
tary female, the minor child, the public institution of charity, which need,
and find safe, investments for their money in banks ; and their stock is not
the property of great city merchants rolling in wealth; but is diffused in
small sums all over the Commonwealth."
We might prosecute this matter much farther, and show that
the business of the banks, like their stocks, belongs to the in¬
dustry and enterprize of the country, not to capitalists; that la¬
bour and capital are inseparable in their utility; the latter,
without the former, being as useless in the hands of the owner,
as the precious metals in their primitive beds.
II. The second reason, in fact, alleged by the Secretary for
removing the deposits, is the unwarrantable reduction by the
Bank of its discounts, and consequent oppression of commerce.
The specification is, that between 1st December 1832 and 2d
August 1833, the Bank increased its discounts more than two
and a-half millions of dollars; and, so far from preparing to
wind up its affairs, although the election of the President had
sealed its death-warrant, thus strove to compel the country to
submit to the renewal of the charter, under the penalty of a
currency suddenly deranged: that on the appointment of an
agent to seek depositaries, and when the demands upon the
traders by government were unusually large, by reason of the
conjunction of the payments of the bond and cash duties, the
Bank changed its course; and between the 2d of August and the
2d of October, curtailed its discounts four millions, whilst the
public deposites were increased two and a half millions; that
this reduction compelled the State banks also to curtail, and
produced complaints of pressure from every quarter; so that, if
the public moneys had continued to be deposited in the Bank
123
of the United States for two months longer, and the same sys¬
tem had been followed, a wide spread scene of bankruptcy and
ruin must have ensued; that these causes left no alternative to
the Secretary of the Treasury, but to remove the deposites,
when, under other circumstances, he would have been disposed
to direct the removal to take effect, at a distant day, so as to
give Congress an opportunity of prescribing, in the mean time,
the places of deposite, and of regulating the securities proper to
be taken.
Now, will it be credited, that these allegations, said to be
productive of such important results, are wholly untrue; that,
consequently, the removal of th,e deposites was wholly unwar¬
ranted by them,—and that, supposing them true, the reason
ascribed for hastening the removal is absolutely false. We use
strong expressions; < but none other befits the occasion.
1. The Bank of the United States did not, between the 2d
of August and the 2d of October, voluntarily, curtail its dis¬
counts a single dollar.
2. Within that period, the State banks did not curtail their
discounts.
3. The removal of the deposites, on the 1st of October, or
sooner if practicable, was definitely fixed, on the 18th of Sep¬
tember, and could not depend upon events subsequent to that
day, which could not he known; and the design to prevent
the action of Congress upon the question of removal, was, pre¬
viously, distinctly avowed and invariably adhered to.
1. Our first asseveration is incontrovertibly proven, by the fol¬
lowing exposition of the Bank operations, extracted from the
Bank Report of 8th April, 1834.
To provide against the effects of the President's hostility
against the Bank, demonstrated during the summer of 1833,
the Bank resolved on the 13th August: 1. That, until further
order, the amount of " bills discounted" should not be increased
at the Bank and the several offices; 2. That bills of exchange,
purchased, except at the five western offices, should not have
more than ninety days to run; 3. That, the five western offices
be instructed to purchase no bills of exchange except those
payable in the Atlantic cities, nor having more than ninety days
to run, or those which may be received in payment of existing
debts to the Bank and the offices, and, then, not having more
than four months to run.
This was the only measure deemed necessary by the Board,
which was reluctant to diminish its business, or to distress the
country. And the measure was merely followed out, by re¬
solutions of the 1st of October:—1. To extend the third resolu¬
tion of 13th August, from the five western to other distant
offices. 2. That, all the other offices should likewise purchase
124
bills, only, on the Atlantic cities, New Orleans and Mobile; not
having more than ninety days to run. 3. To increase the rates
of buying bills of exchange. 4. To restrict the receipts of
the State bank notes to those in the same places with the offices.
5. To collect the debts due by distant State banks.
So that, up to the 1st of October, 1833, no order had been
given to curtail the loans. But all who are familiar with our
commerce, know, that during the summer, in the interval be¬
tween the old and the new crop, commercial operations, and the
loans founded on them, subside. This, the Bank shows by a
tabular view for the ten successive years.
The Secretary ought to have seen, from the statements fur¬
nished to him, that there were no " curtailments/' and that the
"oppressive system," which he stigmatized, was a voluntary
reduction by the maturity of bills of exchange, drawn at New
Orleans for $2,037,099 53
Of bills drawn at other places, 1,018,215 90
And the voluntary diminution of local loans by
one house, 1,010,830 72
4,066,146 15
On the 1st of October, the deposites were withdrawn. On
the 8th the Bank directed, " that the committee on the of¬
fices be authorized to direct such gradual reduction in the amount
and the time of the loans, at the respective offices, as may, in
their judgment, be made, without inconvenience to the custo¬
mers of the Bank, or the community." This authority has
been executed in such a way as to accomplish its object with
the least pressure upon the community; and the Bank sum up
their operations, in the following manner:—
1st. That the Bank never directed any curtailment of its
loans until the actual removal of the deposites.
2d. That the only actual reduction of loans took place from
the 1st of October to the 1st of December, when the
loans were diminished, ----- -$5,641,098 26
While at the same time, the public and private deposits
were reduced, - 5,887,864 63
3d. That from the 1st of December, 1833, to the 1st of
April, 1834, the loans have not been reduced, but, on the
contrary, have actually been increasing, and were greater
on the 1st of April, 1834, than on the 1st of October,
1833, by 353,712 95
While, during that same period, the public deposits had
decreased no less than - - - - - - 2,239,393 89
4th. That the total reduction of loans from the 1st of Oc¬
tober to the 1st of April, was ----- 5,057,527 22
While the public deposits had been re¬
duced $6,935,568 84
Private deposits, ----- 842,834 57
Making an aggregate of 7,778,403 41
125
being a reduction of loans less, by nearly three mil¬
lions, than the reduction of deposites.
5th. That, so far from cramping the trade of the country, it
has actually purchased, from the 1st of October to the
1st of April, of domestic and foreign bills of exchange, - 34,671,324 00
6th. That the State banks were permitted to be indebted
to the Bank an average amount of 3,464,956 00
2. Our second averment is fully established by the state of
the New York banks as represented in the report of the Union
Committee prepared by Mr. Gallatin, showing that their dis¬
counts were greater on the 1st of October, 1833, than in Janu¬
ary of the same year; and, the
Third, is proven, by the Cabinet Communication of the 18th
of September, fixing the removal of the deposites for the 1st of
October; and by the President's declaration to Mr. Duane,
" that a Stale bank agency must be put into operation before
the meeting of Congress."
There is yet another remarkable feature in this reason of the
Secretary, another striking evidence of his want of reasons, and
his consequent inconsistency; it isf that the very effect he in¬
tended to produce by the removal, and which, if the Bank had
reduced its discounts would have been caused by the known
intention of removal, is preferred, as the ground of complaint
against the Bank, and as the justification of the removal. He
complains of the Bank, because her ascribed action would have *
carried his design into effect; and he removes the deposites,
because the Bank took measures to prevent the removal from dis¬
tressing her.
Upon these facts and these reasons alone, the Secretary as¬
serts, that he was obliged to remove the deposites without re¬
ference to the misconduct of the Bank. But, that there were
other reasons for removal, growing out of the manner in which
the affairs of the Bank have been managed, and its moneys ap¬
plied, which would have made it his duty to withdraw the de¬
posits at any period of the charter. He avers,
1. That, the Bank, as a public agent, and in consideration of
the privileges and benefits bestowed by the act of incorporation,
was bound to sacrifice its peculiar interests to the public wel¬
fare: That, for the protection of the public interests in the
Bank, and to apprise the proper authorities of any misconduct
on the part of the institution, five directors are appointed by the
United States, from whom the Bank, in order to avoid accounta¬
bility, designedly,concealed its affairs;—to this end violating the
charter, by committing many of its most important transactions to
a committee, denominated the " Exchange Committee," instead
of conducting them by a Board of at least seven directors, at
which the government directors might be present; and by the
exclusion of the public directors from such committee, and from
l 2
126
a voice in its appointment; such appointment being made,
solely, by the President of the Bank.
But there is no violation, whatever, of the charter in autho¬
rizing the President to appoint the Committee of Exchange, or
in empowering the Committee to transact the business of ex¬
change or of discount. The fourth fundamental law of the cor¬
poration enacts, that " not less than seven directors shall con¬
stitute a Board for the transaction of business." By transaction
of business, the Secretary must understand, exclusively, the ex¬
ecution of business. But such is not the restricted meaning of
the word here. 1. Because the requisition of seven directors to
do the various business of the Bank, would render the execution
of business impossible; not even a deposite could be received or
paid without their presence. 2. The charter, by the use of a
different term, in different places, shows that such is not the
meaning of the word. 3. The word, in its proper sense, in¬
cludes direction and execution. 4. The authority of the Board
is legislative; and, though they can also execute any business
the law prescribed, by theffiselves, or under the charter, must
determine what part they will perform in person, and what re¬
mit to others. The quorum is appointed for the exercise of
authority as a Board, for legislation and for the execution of the
commands of the Board. 5. The body is, by the very name of
its office, directive and not executive. This is clearly implied
from the provision which gives to a substituted director the
power to transact all the necessary business belonging to the of¬
fice of President during the President's sickness, or necessary
absence. The charter does not declare the business of the Pre¬
sident; that is prescribed by the Board of Directors or the bye-
laws and regulations of the Bank. If by the Board, they must
have power to direct, and he, by virtue thereof, power to execute.
The power to make bye-laws and regulations for the Bank,
not contrary to the constitution thereof, and the laws of the
United States, is given by the charter; and it has been settled,
for a century, that when a charter commits such power to the
whole body of the corporation, they may delegate it to a select
portion, which will then represent the whole body in their acts
of legislation. Otherwise, <when the power is given to a select
body; for they cannot delegate their power to any other body.
Now, the whole body of the corporation, the stockholders of the
Bank, at a general meeting on the 6th of January, 1817, did del¬
egate their powers of making bye-laws and regulations to the
Board of Directors, and the laws and regulations made by them,
are valid, either by virtue of their own charter authority as di¬
rectors, or that delegated by the entire corporation. *
Upon this principle, the board may authorize the President
* Mr. Binney's Speech.
127
to appoint committees, a necessary power to every legislative
body, or may authorise a committee to take order upon the pur¬
chase and sale of exchange, or for any other act of banking,
where not prohibited by charter. The power exercised by the
Committee of Exchange is not only usual in banking, but indis¬
pensable to the due management of the parent Bank. The
question of expediency is, however, for the Board, when its le¬
gal quorum is present, to decide, and their decision has not been
questioned by the stockholders as to the right. Though the dis¬
count of promissory notes is directed by the: Board of Directors
in person, there is no legal difference between discounts and ex¬
changes; the Board may regulate the whole as it deems best
for the Bank.
But the charge of concealment, as connected with the alleged
violation of the charter, involves great considerations. It would
seem to imply, general concealment, from omission to appoint
any of the government directors upon the Committee of Ex¬
change; and particular concealment, from authority given to the
committee on the offices to modify the resolutions of the board
for reducing the business of the Bank; also, from refusing to the
government directors, a copy of the resolution indicating the
course of the Bank, and which they thought should be trans¬
mitted to the Secretary of the Treasury.
The rights specially claimed by the government directors, are
wholly unfounded. Their right to be members of any com¬
mittee has no more legal support than the right of a rpember of
the House of Representatives to be upon a committee appointed
by that house. It depends, in one case, on the pleasure of the
house, or which is the same thing, its organ, the Speaker; and
in the other, upon the pleasure of the board, or their agent, the
President. The right to require a committee to report to the
Board, is the right of the Board; and not of an individual mem¬
ber. The right to take a copy of the minutes, depends on the
will of the Board, the charter containing no direction upon the
subject. Such being the questions of right, we may advert to
those of expediency and propriety.
Heretofore, the government directors mingled in all the trans¬
actions of the Bank, served on all the important committees, in¬
cluding that of exchange, as their peculiar qualifications may
have warranted—their selection being always a question of
qualification. But, in the time of the late government direc¬
tors, a change had come over the country and the Bank, from
which they could not escape. It was for a long time vehe¬
mently suspected, and is now, certainly, established by their
own confession,* that the government directors deemed them-
* See their letter to the President, 22d April, 1833, annexed to the letter of the
Secretary of the Treasury.
128
selves bound, or entitled, to use their posts for the purpose of
making representations to the President of the United States,
tending to excite odium against their co-directors, by impeach¬
ing their motives and acts, and thus to impair the credit of the
Bank; that they deemed themselves at liberty, in the perfor¬
mance of this duty, as in the exercise of this right, to pursue ob¬
jects which they did not care to avow, and which they were
not permitted to avow; and finally, that in some way, by some
unexplained theory of their appointment, they had come to the
opinion, that they possessed political powers in the institution,
which they were authorised to use for political purposes;—that
they were devised as instruments for the attainment of pub¬
lic objects, and that their appointment was given to the Presi¬
dent with the consent of the Senate, in order to clothe them
with all the character of official representatives, and to exact
from them a discharge of all the duties, public, political, and
patriotic, incident to a trust so conferred. All this being known,
or vehemently suspected, may have produced doubts of the
propriety of placing these directors in posts of trust and confi¬
dence, where other gentlemen, having feelings and reputations
of their own, might be unwilling to sit with them. Such doubts
would seem to be fully justified by the sense of the Senate of
the United States, which has refused to advise, or consent to
their re-appointment.
The object which these instruments of the President were
required to pursue, but forbidden to avow, is now known to have
been the inculpation of the Board, and, particularly, of the gen¬
tleman at its head; and by means of the odium thus excited, to
justify, to public prejudice, an act of deadly hatred to the Bank,
of which they were directors—the removal of the deposites.
With the confession of concealment by the government direc¬
tors, to which they were coerced by the Executive, the Secre¬
tary of the Treasury arraigns the Board for concealing its opera¬
tions from them. He charges the Board with concealment, in
violation of their charter, and in contempt of the Government,
when the head and front of their offence is this, only—that
they would not consent to be the dupes of concealment that
was practised by others.*
But the government directors have wholly misconceived their
powers and duties. They were not devised as instruments of
the President, whatever they may have made of themselves.
There is no difference between the rights and duties of any of the
directors. Those appointed by the President, owe a duty to
the nation; so do the others, and they have performed it. Those
elected by the stockholders owe a duty to the Bank, and so did
* Mr. Binney's speech.
129
the others; but they neither performed nor acknowledged it.
They were not placed there to make inquiries for the Presi¬
dent, who had no authority to direct inquiries to be made by
them. This is a question of charter power, of power over a
corporation, all of whose privileges are rights of property. The
charter gives to the President no such right. It expressly
gives to the Secretary of the Treasury a right of limited inquiry,
by investigating such general accounts, in the books of the
Bank, as relate to the statements which the Bank is bound to
furnish to the Treasury Department, but no further. Congress
have power to inspect the books of the Bank and the proceed¬
ings of the corporation generally. These powers have been
ftxpressly given, and have been so given, because they would
not have been derived by implications from the charter. But,
here is a power to be implied, greater than all, and worse than
all—a power to be exercised secretly, and without avowal;
ex parte, without notice, without opportunity of reply or expla¬
nation being given to those whom it affects, and by persons who
are holding, to all appearances, the relations of amity, with their
co-directors sitting on the same seats, and professing the same
general objects.*
If other justification Were necessary to the Board for its
conduct, than the simple statement of the facts, it is found, in
the approbation of all, whom party has not blinded or made
mute. Yet, a hue and cry has been raised against the directors
of the Bank, because the Bank would not tell the Government
directors, that they might tell the Secretary, precisely how
they meant to wind up, if they did mean it; and here is a new
theory of banking, to place beside the new theory of political
power—that, all which the Bank intends to do for its own de¬
fence, is to be told to an enemy—that, if he thinks fit, he may
defeat the measure—that it is not sufficient for him to know the
precise condition of the Bank, in point of fact, as it actually is,
and as he must perceive it to be, by the weekly statements; but,
that he must also know what it is going to be, by the operation
of measures of defence, that if it is in his power, and he also
thinks fit, he may frustrate the purpose. The private directors
of this Bank have upon them the responsibility of taking care
of all the stockholders—the nation, for its seven millions, in¬
cluded: and the unwarrantable censure of the President and
Secretary, of the mode in which they have fulfilled their duties,
has not been sustained by either house of Congress.
2. The conduct of the Bank, in relation to the three per cent
stocks, is alleged as an abuse of the power of the private direc¬
tors, and as evidence of their disposition to conceal their trans-
* Mr. Binney's Speech.
130
actions. This affair is but adverted to, not enlarged upon, by
the Secretary. But, a most perverted and rancorous statement
of it is given in the President's cabinet manifesto.
"In March, 1832," says this document, "the Bank was so sensible of
its inability to pay over the public deposits, when they would be required
by the Government, that it commenced a secret negotiation with the
agents for about $2,700,000 of the three per cent stocks, held in Holland,
to induce them not to claim payment for one or more years after notice
should be given by the Treasury Department, that the Bank might use,
during that time, the public money set apart for the payment of these
stocks.
" After this negotiation had commenced, the Secretary of the Treasury
informed the Bank, that it was his intention to pay off one-half of the
three per cents on the first of the succeeding July, which amounted to
about $6,500,000. The President of the Bank came immediately to
Washington, and upon representing that the Bank was desirous of accom¬
modating the importing merchants at New York, (which it failed to do,)
and undertaking to pay the interest itself, procured the consent of the
Secretary, after consultation with the President, to postpone the payment
until the succeeding first of October. Conscious that at the end of that
quarter, the Bank would not be able to pay over the deposits, and that
further indulgence was not to be expected of the Government, an agent
was despatched to England, secretly to negotiate with the holders of the
public debt in Europe, and induce them by the offer of an equal or higher
interest than that paid by the Government, to hold back their claims for
one year, during which the Bank expected thus to retain the use of
$5,000,000 of public money, which the Government should set apart for
the payment of that debt. The agent made an. arrangement, on terms, in
part, which were in direct violation of the charter of the Bank, and when
some incidents connected with this secret negotiation accidentally came
to the knowledge of the public and the Government, then, and not before,
so much of it as was palpably in violation of the charter was disavowed.
A modification of the rest was attempted with the view of getting the
certificates without payment of the money, and thus absolving the Govern¬
ment from its liability to the holders. In this scheme the Bank was par¬
tially successful, but to this day the certificates of a portion of these
stocks have not been paid, and the Bank retains the use of the.money."
Two cases of procrastination of payment are here distinctly
alleged against the Bank. The facts are, with regard to the
First, that in March, 1S32, the Secretary of the Treasury in¬
formed the President of the Bank of the intention of the
government to pay, on the succeeding 1st pf July, to each stock¬
holder, one half of his three per cent stock, remarking " if any
objection occurs to you either as to the amount or mode of pay¬
ment, I will thank you to suggest it." The President replied,
that so far as the Bank was concerned, no objection occurred to
him; it being sufficient that the government had the necessary
funds in the Bank. He suggested, however, that in the exist¬
ing state of the commercial community, with a very large
amount of revenue (nine millions) to be paid before the 1st of
July, the debtors of the government would require all the for¬
bearance and aid that could be given them; that the proposed
131
payment of several millions to European stockholders, tending
to diminish the usual facilities, might endanger the punctual pay¬
ment of the revenue; and that, therefore, it might be advisable
to postpone such payment until the next quarter.
This suggestion was supported by letters from Mr. M'Duffie,
chairman of the Committee of Ways and Means, and Mr. Cam-
breling, chairman of the Committee of Commerce. The gov¬
ernment wished the postponement; and theonlydifficulty,arising
from a wish to save the quarter's interest, the President of the
Bank removed, by an agreement to pay the interest, as the money
would remain with 'the Bank,—a provident and laudable bar¬
gain, certainly, for the institution, since it paid three, and would
receive six per cent on the amount. The committee of inves¬
tigation, before whom the whole subject was, in 1832, by their
majority, reported, " that they were fully of the opinion that the
Bank neither sought for, nor requested a postponement of the
payment by the government;" being, however, hostile to the
Bank, it added, yet if such postponement had not been made,
the Bank would not, on the 1st of July, have possessed the
ability to meet the demand, without causing a scene of !great dis¬
tress in the commercial community.". The ability of the Bank
is no longer to be doubted, and its efforts to save the commercial
community from great distress, merits, and will receive, the
grateful acknowledgments of the country. And yet this trans¬
action is represented by a President of the United States as a
cause for discrediting the fiscal agent of the nation, at home and
abroad.
2. With regard to the second postponement, it appears, that
in the year 1832 the country was heavily indebted to Europe
for large importations of 1831; it was desirable that time should
be given to pay the debt, from the annual earnings, and that no
addition should be made to the foreign demand. But there were
more than twenty-five millions of the public debt payable in that
year, of which more than fifteen were to be paid in nine months,
and between eight and nine of it to foreigners. The Bank,
from its exhibits, was prepared for the first payment on the
1st of October, 1832.
"In this state, the Bank, had it considered only its own interest, would
have been perfectly passive, since it was perfectly at ease. But it had
other and higher interests to consult. From the communication with the
Treasury in July, it was probable that the funds of the Government might
be insufficient to pay the debt advertised to be paid—and that even if these
funds were adequate, the operation would exhaust all the means of the
Government, and require that the community should repay the whole
amount of the public funds distributed among them. It was further
manifest, that the ability of the Government to meet its engagements,
depended entirely on the punctual payment of the revenue in the commer¬
cial cities, from July to January, which was estimated at about twelve
millions of dollars.
132
" That resource was threatened with the greatest danger by the appear¬
ance of the cholera, which had already begun its ravages in New York
and Philadelphia, with every indication of pervading the whole country,
Had it continued, as it began, and all the appearances in July warranted
the belief of its continuance, there can be no doubt it would have pros¬
trated all commercial credit, and seriously endangered the public revenue,
as in New York and Philadelphia alone, the demand on account of the
foreign three per cents was about five millions."
The bank, therefore, made an arrangement with the foreign
owners of this stock to the amount of about four millions, to
leave their money in the country for another year, assuming to
pay the interest instead of the government.
" All these things were fully explained by the Committee of Ways and
Means, to whom that part of the President's message was referred, and
that Committee accordingly reported as follows:—
" 'The arrangement made by the Bank for a temporary postponement,
with the consent of the holders, of the payment of five millions of the three
per cent debt, being now substantially closed by the surrender to the
Government of the certificates of stock, except for a small amount, and
the whole debt itself, as far as respects the Government, at an earlier
period than it is probable it would otherwise have been, this question
seems no longer to present any important or practical object of inquiry, or
to call for, or admit, any action of Congress upon it.'
"This ought to be satisfactory, yet is the subject now revived with the
addition of two distinct errors in point of fact. The first is that the Bank
' was conscious that at the end of the quarter it would not be able to pay
over the deposits'—whereas the state of the Bank, as above explained,
proved its entire ability to make this payment, and that its interposition
was exclusively dictated by the desire to avert an additional trouble at a
season of pestilence. The second is, that the part of the arrangement
made with the agent of the Bank was not disavowed until ' some incidents
connected with this secret negotiation accidentally came to the knowledge
of the public and the Government.' The fact is, that as soon as that part
of the arrangement, which seemed to conflict with the charter, was
received, the determination was made 4o decline executing it before any
publication of any sort was seen or known in regard to it."
Of the propriety of the conduct of the Bank in relation to this
transaction, every experienced and enlightened statesman in the
country was satisfied. Its true character, so grossly misrepre¬
sented, is thus summed up by Mr. J. Q. Adams:
" What was the case of the three per cents'? The Bank was required to
pay off, say twelve millions of the public debt, which boro an interest of
three per cent a year, to pay it off at two given days, in the year 1832; the
Bank paid it off accordingly. Part of this debt, however, was due in Eu¬
rope, say five millions. The Bank negotiated an arrangement, by which
the European holders of the debt consented to wait a year longer before
they should receive payment of their portion, they taking the Bank for their
debtor instead of the nation, and receiving three per cent for the year's in¬
terest. This was equivalent for the time to so much addition to the capi¬
tal of the Bank. It enabled the Bank to accommodate borrowers here to
double the amount, for the year, and to receive therefor an interest of six
133
per cent. The profit to the Bank was the difference between three per
cent, which she paid on said five millions, and six percent interest, which
she received on double the amount which it enabled her during the same
time to loan. But suppose it enabled the Bank to loan only to the same
amount. She paid one hundred and fifty thousand dollars for the use of
the money, and received three hundred thousand dollars by the employment
of it. Her profit upon the transaction Was one hundred and fifty thousand
dollars, one-fifth of which, say thirty thousand dollars, she paid in divi¬
dends to the people of the United States."
3. jBut the Secretary alleges, that it is not merely by the con¬
cealment of its transactions that the Bank has proven itself re¬
gardless of the duties of its agency. Its own interests are found
to be its ruling principle, and the just claims of the public have
been treated with little regard, when they have come into col¬
lision with the interests of the corporation. As in the case of the
three per cents, so in that of the French Bill, in which a de¬
mand is made upon the public for the sum of $158,342 77, da¬
mages for non-payment. We have shown, conclusively, in the
case of the three per cents, that, though the Bank wisely pro¬
moted its own interests, it also essentially served the public. In
this case the interests of the Bank and the nation were concur¬
rent. In the case 6f the French Bill, those interests are, in some
respects, adverse, as in /the case of debtor and creditor. The
claim is a legal one, and as the nation is abundantly solvent, and
has been rigorous in exacting her dues from others, she comes
with an ill, grace to ask mercy and generosity. But this is
another appeal from the laws of the country to the passions of
the people.
The following is the President's statement of the case.
"The Bank became the purchaser of a Bill drawn by our Government
on that of France for about 900,000 dollars, being the first instalment of
the French indemnity. The purchase money was left in the use of the
Bank, being simply added to the Treasury deposits. The Bank sold the
Bill ip England, and the holder sent it to France for collection; and
arrangements not having been made by the French Government for its
payment, it was taken up by the agents of the Bank in Paris, with the
funds of the Bank in their hands. Under these circumstances it has,
through its organs, openly assailed the credit of the Governtnent, and
has actually made and persists in a demand of fifteen per cent, or
$158,842 77 as damages, when no damage, or none,beyond some trifling
expense, has in fact been sustained, and when the Bank had in its own
possession on deposit, several million^ of the public money which it was
then using for its own profit. Is a fiscal agent to the Government, which
thus seeks to enrich itself at the expense of the public, worthy of further
trust?"
To this, the Bank replies, publishing unquestioned and incon¬
trovertible evidence of the truth of its statements:
1. That in this transaction, it was not the fiscal agent of the
Government,—that it offered to become such, to collect the
bill without charge, and to place the amount to the credit of the
M
134
Government on the 2d of March, 1834, at the current rate of
exchange of the best bills, on that day, in Philadelphia—that
this offer was refused; and the Government, after considering
the offers from other quarters, decided to sell the bill to the
Bank—the Bank paying for it, nearly one and a half per cent
more than for a large amount of other bills, then purchased.
2. That the purchase money was not left in the use of the
Bank, being simply added to the treasury deposits. But had
such been the fact, no change would have been made in the na¬
ture of the question. The payment was complete—the funds
were to the credit of the Government, subject to its order, and
as effectually out of the control of the Bank as if they had
been withdrawn in specie. Not only was this -the case; but the
intention of withdrawal was immediately announced. Credit
was given to the Treasurer on the 11th of February, 1833; and
on the 6th of March, the Secretary offered to lend the money.
Yet this was not all. The identical proceeds of the bill were
actually used by the Government in payment of its ordinary
expenses, by the 20th of May.
3. The Bank had paid the amount of the biff in the United
States in the most inconvenient form. When it was protested
in Paris, the agent of the Bank paid it on account of the Bank;
so that the Bank actually paid for the bill twice;—having, of
course, credit for the proceeds of the sale of the bill in London;
but its actual disbursements <on account of the bill were up¬
wards of @1,800,000,—and when, on the 22d of March, the
protested bill came back, the whole amount to the credit of the
Treasury, throughout the whole United States, with the excep¬
tion of the Danish indemnity money, was not two thousand
dollars more than the Bank had advanced on account of the
bill. Had it been otherwise, the use of the deposits by the
Bank would be no ground for the release of damages; since a
full and covenant consideration was paid for that, by the stipu¬
lated services of the Bank.
4. Upon return of the bill, the Bank, as indorser, called on
the Government for the principal and damages. This was not
only in course of business, but was a duty to the Government;
because, if it had the right to draw the bill, it had the right to
claim, from France, damages for the breach of contract, suffer¬
ed by payment of the legal claim of the Bank. This it might
the more readily do, as being one-fifth partner of the Bank, its
own share would be $31,000. In the course of events the
government will, probably, be the gainer by the demand of the
Bank. But its legal liability does not depend on this; and it is
denied, with a very ill grace, by a party which inexorably,
under all circumstances of solvency and insolvency, exacted
damages on protested bills purchased from American citizens.
135
The case of Girard is cited by the Bank as one of the most
striking. The lapse of years reverses the state of the parties;
Mr. Girard's heirs and his associates, apply to the Secretary—
not for twenty per cent damages which he paid, but for fifteen
per cent; and the answer vouchsafed by the treasury depart¬
ment, is, that the claim has no foundation, in law or equity—to
which the President adds*, that it is an attempt to " impair the
credit of the Government, and tarnish the honour of the coun¬
try. Such a course tends to the utter confusion of all ideas of
justice.
But, supposing the claim were questionable, would it justify
this denunciation of the Bank? It is a question between Amer¬
ican citizens and their Government, depending on the law of
the land, and determinable by its judicial tribunals. Yet,
while the Bank calmly awaits the decision, the President of
the United States prejudges the question,—denounces'the Bank
for having presumed to make the claim,—and gives that to the
country, as a reason for the removal of a Secretary of the
Treasury, in order to subject the whole public revenue to his
own disposal.
III. The last reason, in fact, assigned by the Secretary is, that
the Bank has used its means, with a view to obtain political
power, and thereby secure the renewal of its charter. This is a
grievous charge, and, if true, grievously should the Bank an¬
swer it. The specifications under the charge are—
1. That, with a view to influence the measures of the
Government, by causing its weight to be felt in the elec¬
tion of public officers, the Bank increased its discounts, from
$42,402,304 24 to $63,026,424 93; nearly fifty per cent in one
year; and on the 1st of May 1832, to $70,428,070 72, being
an augmentation of $28,025,766 48 in sixteen months. This ex¬
traordinary increase of its loans, was made when .the charter had
but four years to run, with little chance of renewal; when she
was aware of the necessity of closing up her vast concerns, and
upon the eve of a severely contested election, in which she
took an open and direct interest, demonstrates, that she was
using her means for the purpose of obtaining a hold upon the
people, in order to operate upon their fears, and to induce them,
by apprehensions of ruin, to vote against the candidate whom
it desired to defeat.
Here is a singular compound of allegations of fact, and supposi¬
tions. The former are untrue and the latter wholly gratuitous.
The time at which the alleged increase of loans was made was
not within four but six years of the termination of the charter;
—a time at which no reasons of prudence required a limita¬
tion or reduction of the business of the Bank, other than the
ordinary principle of safety. That such principle was duly
142
bited the illegality of the measure in so strong a light that, Mr.
Eaton, Secretary at War, revoked, himself, one of his orders,
and his successor recalled the other. These were very morti¬
fying circumstances, producing a festering wound in the mind
of the President; the pain of which could be assuaged, only, by
vengeance. For this, an opportunity was supposed to be dis¬
covered in the phraseology of the pension acts of 15th May, 1828,
and 7th June, 1832, which, by forced construction,it was thought,
might be separated from the general pension system; although
they had been recognized as parts of that system, by every execu¬
tive department, and, what is more to the purpose, by several sub¬
sequent acts of Congress, in which they were, by name, recog¬
nized as pension acts. This, however, proved no barrier to
executive invasion; and in January, 1834, the Secretary at War
announced the appointment, on the same day, of fifteen new pen¬
sion agents (pet banks), to perform the duties heretofore fulfilled
by theBank of the United States, under the act of 1832; and, at
the same time, that Bank was forbidden to pay any pensions ac¬
cruing under that act, and directed to transfer the funds, books
and papers, relating thereto, to the newly nominated agents.
With this requisition of transfer the Bank of the United
States refused to comply, on the ground, that it was not war¬
ranted by law, and that the Bank was alike bound by its duty
to Congress and regard for its own safety so to do.
On the 4th of February, the President of the United States
communicated this refusal to Congress, denouncing the Bank in
unmeasured terms, for attempting to impede and defeat the
measures of the administration, usurping the functions of the
judicial power, and prescribing to the executive department the
manner in which it shall execute the trust confided to it by law.
This grave but unfounded accusation, having been duly
examined by the Senate, like every other accusation against
the Bank from the same source, has been dissipated into thin
air. On the 26th of May, the Senate resolved, 1. That the
Department of War is not warranted in appointing pension
agents in any State or Territory where the Bank of the United
States or one of its branches has been established, except when
specially authorized by act of Congress. 2. That no power is
conferred by any law upon the department, or Secretary at
War, to remove the agency for the payment of pensions, under
the act of 7th June, 1832; and the funds, books and papers,
connected with that agency from the Bank of the United States,
and to appoint other agents to supersede the Bank in the pay¬
ment of such pensions. 3. That the act of Congress for the
relief of certain officers and soldiers of the Revolution, passed on
the 15th May, 1828, and the act supplementary to that act,
passed on the 7th of June, 1832, are properly acts providing for
military pensions.
143
The proceedings of the executive officers, in this case, and the
opinions professed in relation to it by the President and the
Attorney General, merit examination in another view than as
they regard the Bank. The unconstitutional assumption of power
is here theoretically and practically displayed, as in most other
measures of General Jackson's administration, and demand
thorough and wide exposure. But our space and subject do not
now permit the fulfilment of this duty.
IV. The Constitution of the United States, consisting of funda¬
mental rules only, contains little else than general principles,
subject to various and conflicting interpretations. Scarce a year
has elapsed since its adoption, in which some construction or
new application of a principle has not arisen to agitate the country.
And such will be the case, so long as due regard for political
liberty excites a wholesome jealousy of constructive power, and
prompts us to confine within safe limits its necessary but danger¬
ous exercise. As this power must always be exercised in sub¬
servience to 'existing circumstances and prevalent opinions, and
as the one may be deceptive and the other unfounded, errors
will arise for which experience must furnish appropriate reme¬
dies. When the sense of the constitution is perfectly clear, and
its operation proves mischievous, the remedy lies in amendment
of the letter of the instrument. But, when an evil practice re¬
sults from the construction of the letter, it is the voice of experi-1
ence teaching us to seek another interpretation, more consistent
with the public happiness, which is the governing purpose of the
grant made by the people—it is the extraordinary and peculiar
circumstance, which Mr. Madison admits may arise, to change
the construction, however long received.
These remarks are peculiarly applicable to the portions of the
constitution, whence has been derived the power of the Execu¬
tive to remove from office; which seems to depend altogether
upon construction. The power and mode of appointment are
clearly and literally expressed, whilst the tenure of office as to
time and condition is wholly undefined, except in case of the
judges ; and there is no provision for removal of an incumbent,
save by impeachment.
This omission compels resort to construction, for a power to re¬
move from office, otherwise than by impeachment, which seems,
in some cases, as indispensable as the power to appoint. In the ab¬
sence of every expression which might give this power, adherence
to the letter of the constitution would make the tenure of every of¬
ficer that of good behaviour; since he could be removed, only, upon
thejudgmentof the Senate,on impeachment. And this opinion was
sustained, as constitutional law, by some distinguished members of
the first Congress. But the inconvenience of this construction,
as it regards many offices, is such, that the opinion has not found
many advocates. Three other opinions have been earnestly main-
144
tained. I. That the power to remove belongs exclusively to the
President. II. That it rests with the President and Senate,
which together form the appointing power. III. That it is
a power necessary and proper to carry into effect other powers,
and being not otherwise delegated, is granted to the Legislature.
We will consider these in their order.
The question first came up for consideration in the first Con¬
gress, when about to establish the executive departments. We
much doubt whether any construction could have been given, to
any portion of the constitution, pregnant with more danger to
political liberty and moral purity, than that which was then
adopted.
I. The power to remove from office was claimed for the
President, alone, as incident to the power to appoint. It was
admitted, on all hands, to be a dangerous one, and liable to great
perversion. But it was contended, that it would not be abused,
as it was not likely that the first magistrate would ever be an
ambitious or designing character, and that he would be ever
awed by the dread of impeachment. It was said, to be a portion
of the executive power, all of which was vested in the President;
except so far as the Senate participated in the power to appoint:
That the President, being responsible for all the officers of the
executive department, those officers must be responsible to him,
and consequently removable at his pleasure. That being required
by the constitution to take care that the laws be faithfully ex¬
ecuted, it was necessary, for this purpose, that all executive offi¬
cers should depend upon him.
To this, it was replied, that it was an assumption wholly
gratuitous, to say, that the power of removal was incident to the
power of appointment; the one not being necessarily dependent
upon the other, but readily separable, as was apparent, by the
constitution itself, under which the President and Judges were
appointable by one power and removable by another; by the
applicability of impeachment for removal in all cases; and by
the assignment of the power of removal to other than the per¬
sons who appoint, in various manners* under the State legislatures:
—That it could not be considered settled, that the power to
remove was an executive power; since, even the power of ap¬
pointment was exercised by the State legislatures; and Congress
in certain cases, under the constitution might vest the power in
the judiciary:—That, supposing the power to remove were inci¬
dent to the appointing power, it would not belong to the Presi¬
dent, as the appointing power was not in him, but in him and the
Senate conjointly: That the evidence of history forbade the pre¬
sumption, that the chief magistrate would be always free from
ambition and design; and that if he were otherwise, the dread of
impeachment would not deter him from using his power to cor¬
rupt officers dependent on his will:—That although the constitu-
145
tion declared, that the executive power should be vested in the
President, that was not an indefinite grant of all executive
power; the executive power could be only such as was given by
the constitution; no department under the general government
having other powers than were expressly granted, or were indis¬
pensable to carry those expressly granted into effect: that clause,
therefore, of the constitution proved too much, and consequently
proved nothing; because it implied, that powers which are ex¬
pressly given by the constitution would have been in the Presi¬
dent without the express grant: That any other construction
would give to the President all the powers of an absolute mon¬
arch, embracing every power which could by any means be brought
within the definition of executive power; including that of
regulating at his discretion all the duties of his subordinate agents,
with the manner in which they should exercise them:—That the
responsibilit}^ imputed to the President was wholly ideal, since
the responsibility even for the appointment did not rest altogether
upon him, being divided with the Senate.—If he were responsi¬
ble for the conduct of the officer, it would be because he might
remove him; but if he had not the power of removal, the respon¬
sibility did not exist.—It was sufficient that the officer was re¬
sponsible to the law; to give to the President the power of re¬
moval, would impose a responsibility that might be irksome.
II. It was contended, that, if the power to remove were incident
to that of appointment, it vested in the President and Senate, as
the President alone could only nominate; to appoint, required
the advice and consent of the Senate. This view was sustained
by the Federalist in the following manner.
" It has been mentioned as one of the advantages to be expected from the
co-operation of the Senate, in the business of appointments, that it would
contribute to the stability of the administration. The consent of this body
would be necessary to displace as well as to appoint. A change of the Chief
Magistrate therefore would not occasion so violent or general revolu¬
tion in the affairs of government as might be expected if he were the sole
disposer of offices. Where a man in any station has given satisfactory
evidence of his fitness for it, a new President would be restrained from at¬
tempting a change, in favour of a person more agreeable to him, by the ap¬
prehension that the discountenance of the Senate might prostrate the attempt,
and bring some degree of discredit upon himself. Those who can best esti¬
mate the value of a steady administration, will be most disposed to prize
a provision, which connects the official existence of public men with the
approbation or disapprobation of that body, which from the greater perma¬
nency of its own composition, will, in all probability, be less subject to in¬
consistency, than any other member of the government."
It was also contended, that, not only was there no expression
in the constitution giving the President the power of removal
from office, but that the contrary is strongly implied ; for it is
said, that, Congress may establish offices by law, and vest the ap¬
pointment, and consequently the removal in the President alone,
N
146
in (he courts of law, or heads of departments; showing that Con¬
gress was not at liberty to make any alteration, by law, in the
mode of appointing superior officers ; and, consequently, they
are not at liberty to alter the manner of removal: That the Senate
was a permanent body, so constructed as to give durability to
public measures ; that permanency was designed and desired in
the magistracy, and, therefore, the Senate was combined in the
appointment to office, and should be, in the removal. For if the
President alone have the power of removal, he may, at any
time destroy whatever had been done. Such a principle would
be destructive of the intention of the constitution, expressed
by giving a participation in the power of appointment to the
Senate ; and would also subvert the clause, which gives to
that body the sole power of trying impeachments ; because,
the President may remove the officer, in order to screen him
from the effects of their judgment and impeachment.
To these views, it was objected, that the constitution no more
gave the power of removal to the President and Senate, than to
the President alone ; that, if the appointing power were in them,
still it must be determined, that the removing power was inci¬
dent to the appointing power : That, to require the concurrence
of the President and Senate, in the removal of an officer, was
highly objectionable, on the score of expediency—for that, in all
cases of removal, the president must accuse to the Senate ; the
accused would scarce fail to find friends in so numerous a
body, and every question of removal might become a trial of
the accuser, as well as of the accused ; that, the dignity and use¬
fulness of the President must necessarily be, in either case,
diminished ; and that such joint power could be only conve¬
niently exercised, by the constant session of the Senate, as many
cases might arise, that would require action before the Senate
could be assembled.
III. A third party contended, that the case was provided for in
the constitution ; the 18th clause, Sec. 8. Art. 1., giving Congress
power to make all laws which shall be necessary and proper for
carrying into execution the powers granted by the constitution,
and thereby vested in the government of the United States, or
any department or office thereof: That the necessity of the power
of removal, otherwise than by impeachment, was universally ad¬
mitted: That, the power of creating offices is given to the Legis¬
lature, which under this grant may determine their organization,
affix the tenure, and declare the control. It may provide that,
the office be held for any term of years, and that the incum¬
bent be removable by the President, the President and Senate,
the legislature, or otherwise: That Congress might adapt this
power to all cases; giving it to the President absolutely, where
absolute and instantaneous control was necessary over the agent,*
147
as in the case of a diplomatic minister ; limiting it to suspension,
only, where time and circumstances would admit of due inquiry,
into the propriety of removals or vesting it, in proper cases, abso¬
lutely, or qualifiedly, in heads of departments orother officers:—
That under this construction, it would not be necessary to concede
the dangerous ground, that, the President possessed all executive
power, and that being responsible for the conduct of all execu¬
tive officers, he held the threads of their destiny in his hands, to
clip at pleasure : That, if the power of removal be granted by
the constitution, as seemed to be admitted on all hands, and
was not given to the President, or to the President and the Senate,
it must vest in the legislature, consisting of the House of Repre¬
sentatives, the Senate and the President; it being the very es¬
sence of legislative power to create officers, to prescribe their
duties, to fix their tenure, and to determine what kind and degree
of malversation shall be sufficient ground for dismissal from
office.
This construction, which seems to us the only sound one, was,
we think, feebly opposed. It was alleged, that this was a case
omitted in, or provided for, by the constitution ; and that, in
either view, the legislature had nothing whatever to do with it.
If it were omitted, Congress by attempting to supply the power
would amend the constitution ; which it had no right to do in this
mode. But this argument, would deprive Congress of all the
powers necessary and proper to carry the constitution into effect.
If it were provided for, Congress ought not to legislate upon that,
which was already settled by the constitution. But, if the power
were given by the constitution, the difficulty lay in determining
to what department it was given.
At the time this question came up for decision, no experience
could have been had, upon it, in the General, or State, Govern¬
ments. In the constitution of one of the latter, at least, and per¬
haps in others, expressions similar to those of the constitution
of the United States occur.
By the constitution of Pennsylvania, "The Supreme Execu¬
tive power of the Commonwealth shall be vested in the Gover¬
nor;1' " who shall appoint all officers whose offices are esta¬
blished by the constitution or shall be established by law, and
whose appointments are not by the constitution otherwise pro¬
vided for." Now, these provisions present a stronger case in
favour of the executive, than those of the constitution of the
United States; inasmuch, as under the latter instrument, the
legislature is expressly empowered to "vest the appointment of
such inferior officers as they think proper, in the President, alone,
in the courts of law, or in the heads of departments."
Under the constitution of Pennsylvania, by construction alone,
the Governor is holden to possess the right of removal from office;
and in practice, the commissions of all officers holden at his will,
148
are deemed to expire with his term of office; or at least, to require
the authority of the new Governor, which is usually given by
proclamation, to continue them in force; and a new commission
is, we believe, issued for every such officer, by every new Go¬
vernor, if not by every Governor upon re-election. The conse¬
quence of this is, a perpetual contest of parties for the possession
of the instrument of appointment; the Governor being, com¬
monly, we might say almost without exception, the mere>tool of
the party, that selects him; without discretion and without dig¬
nity; swayed with regard to the appointments of each county,
not by the fitness of the candidates, but the recommendation of
his partisans; and the officers selected, perfectly conusant of the
quality which determined their appointments, are the humblest
slaves of the Governor, so long as he is the candidate of the
dominant party. At every change of the executive, especially if
such change be the consequence of a change of party power, the
scramble for offices, the paltry intrigues, of which the appointor
and the appointed are parties, are most shameful and disgusting.
Yet, whenever the Legislature deems proper, it takes away
from the executive the power of removal, or qualifies it with
conditions.
Many instances of the exercise of this power might be given;
but we shall confine ourselves to a few only. The heads of de¬
partments in the Commonwealth may be considered, the Secre¬
tary of State, the Treasurer, the Auditor General, the Secretary
of the Land Office, and the Surveyor General. The first is ap-
pointable by the Governor, but the term of his office is fixed for
the term of the Governor's continuance in office, if he shall so
long behave well. Consequently, he is immoveable, by the
Governor. The Treasurer is elected, annually, by the Legisla¬
ture, and is removable, only, by that body. The Auditor General,
the Secretary of the Land Office, and the Surveyor General, are all
appointed by the Governor, and, until the year 1811 the first, and
until the year 1809, the two last were removeable by the mere will
of the executive. But by acts passed in these years the term of
office of each of these officers was fixed at three years, and they
were made removable by the Governor, only on the address of
both houses of the Legislature. A distinction is made, in relation
to the Auditor General, by which it would seem, that, if an incum¬
bent do not serve the full term of three years, his successor is ap-
pointable, only for the balance of the term. Thus, in the great
offices of State, the Legislature has modified the tenure of office to
which the Governor by the constitution appoints, and has taken to
itself the power of removal. In minor offices, they have also taken
from the Governor, or have qualified, the power of removal. And
thus, they have conclusively shown, that neither by the power to
appoint, nor by the duty to take care that the laws be faithfully
149
executed, which is also imposed upon him, is the power to remove
from office, under a grant similar to that given by the constitution
of the United States, exclusively and inseparably vested in the
executive. This is not a conclusive argument, we admit, against
the construction given to the Constitution of the United States;
but it is high presumptive evidence that a different construction
may be safely adopted.
Still, the debate on this subject ended in Congress, in the
House of Representatives, and in the Senate, in the latter body,
by the casting vote of the Vice President, the elder Adams, by
the recognition of the power of the President to remove from
office, all persons holding appointments from him. This conclu¬
sion, whiph fortunately is not binding upon the present or a fu¬
ture Congress, was attained under deceptive circumstances and
erroneous opinions. All parties were conscious of the importance
of- the subject before them. Those who denied the power, seem
also to have had a prophetic view of the future; whilst those who
supported it, professed to believe, that the halcyon present would
never change, and that all future presidents would be Washing-
tons.
The former averred, that they were about to declare a power
in the President, which might be, thereafter, greatly abused:
That the country was not always to expect a chief magistrate, in
whom it could place such entire confidence as in Washington,
and that it ought, therefore, to look forward to a period, when
this power might be in the hands of an ambitious man, who
might apply it to dangerous purposes;—who might from caprice
remove the most worthy man from office; whose will would be
the only tenure, by which office would be held, and when, con¬
sequently, every officer would become the dependent, the abject
slave of the President, and when men of reputation and honour
would shun office as they would the degradation of slavery. But
the case, they said, might also be looked at in another aspect.
The removal might be made by a President, improperly, though
without malicious motives. He might have about him, men, who
were envious of the honours and emoluments of persons in office;
men, who might, even use him as an instrument to effect sinister
purposes, and who might insinuate suspicions into his honest
breast, and thus produce the removal of incumbents who stood in
their way.
They predicted, that the President would, by these means, ob¬
tain the control and disposition of the Treasury: That the con¬
stitution gave him the command of the military, and that with
the head of the Treasury Department at his mercy, he would soon
be master of the liberties of the country : That, if he desired to
establish an arbitrary authority, and found the Secretary of the
Treasury not inclined to second his endeavours, he had nothing
n 2
150
more to do, than remove him, and appoint another with princi¬
ples more congenial to his own. The bill recognizing the au¬
thority, was declared to contain the seeds of royal prerogative;
and it was argued, that if the Chief Magistrate might take a man
away from the head of a department, without assigning any rea¬
son, he might as well be invested with power, on certain occa¬
sions, to take away his existence.
The partisans of executive power denied these dangers. So
differently did they consider the nature of office from that as¬
signed to it at the present day, that they deemed it even impos¬
sible to conceive of the removal of incumbents, for other causes
than the want of capacity or of integrity. It is amusing and yet
painful to contrast the opinions of the influential men of that day
with those of the Jackson men of this; and perhaps nothing can
show more, how widely we are departing from the original sense
of the constitution. So far from considering the offices of the
nation " spoils of victory," to animate every needy and un¬
thrifty partisan to combat, they ran almost to the contrary ex¬
treme, and were disposed to view offices as the property of the
incumbents, whilst they were fulfilled with ability and faithful¬
ness. So far from conceiving that men were removable for a
difference of opinion, on political subjects, from the appointing
officer, they recognized no other causes of removal, than treason,
bribery, or other high crimes and misdemeanors. So far from
apprehending, that a President could ever exist, who would de¬
light in causing a *? rotation in office," they dreaded, that from
his reluctance to perform an ungrateful duty, more injury would
arise from not removing improper officers, than from displacing
good ones: and so far from supposing, that the first magistrate of
the nation, the chosen of twelve millions of freemen, would carry
to the Executive chair a disposition to reward his friends, that
is, his partisans, and punish his enemies, that is, his opponents
at the polls, by the distribution of office, that they held him alike
impeachable, for continuing an unworthy man in office, and the
removal of an unworthy man from office.
The contrast of the opinions of the present administration, with
those of our fathers, will be obvious, by adverting to the doctrines
proclaimed by President Jackson, in his first Message, Decem¬
ber, 1829, and by comparing the number of removals from office,
made in the times of the preceding presidents and in his:
"The duties of all public offices," he says, "are, or at least, admit of
being made, so plain and simple, that men of intelligence may readily qua¬
lify themselves for their performance. I cannot but believe, that more is
lost by the long continuance of men in office, than is generally to be gained
by their experience. I submit, therefore, to your consideration, whether
he efficiency of the government would not be promoted, and official indus-
ry and integrity better secured, by a general extension of the law, which
limits appointments to four years."
151
" In a country where offices are created, solely, for the benefit of the peo¬
ple, no one man has anymore intrinsic right to official station than another.
Offices were not established to give support to particular men at public ex¬
pense. No individual wrong is, therefore, done by removal; since neither
appointment to, nor continuance in office, is matter of right: The incumbent
became an officer with the view to public benefits, and when these require
his removal, they are not to be sacrificed to private interests. It is the peo¬
ple, and they alone, who have a right to complain, when a bad officer is sub¬
stituted for a good one. He that is removed, has the same means of ob¬
taining a living, that are enjoyed by the millions who never held office. The
proposed limitation would destroy the idea of property now so generally
connected with official station; and although individual distress may be
sometimes produced, it would, by promoting that' rotation1 which consti¬
tutes a leading principle, and in the republican creed, gives healthful action
to the system."
This most artful compound of inconsistency, truth and false¬
hood, is the most appropriate proclamation of the chief of a party,
that came into office by a triumph won under the banner of
" Booty," and whose sole principle of union was the spoils of
victory—of a chief who hoped to retain power, by perpetuating
popular delusion. The duties of all public offices are proclaimed
easy to all: experience, faithfulness, and skill, are decried as va¬
lueless! Offices are not established to give support to particular
men at the public expense;—but all the people are invited, once
in four years, at every presidential term, to throw themselves into
the arena and contend for their fruits! A rotation in office is
announced solely to awaken cupidity that could not be, and was
never designed to be, gratified. But it served the purpose of put¬
ting incumbents on the alert, and to awaken some hundreds of
thousands of hungry expectants, who might look for rhvvard at
the end of four years' servitude. The service has been rendered,
the time has elapsed, but the fruits have not been, nor are they
like to be gathered. Meritorious incumbents who have faithfully
preserved their allegiance, preserve, also, their places.
But on this subject, let General Jackson be his own judge.
Upon this subject he once entertained sound opinions, or his hy¬
pocrisy has never been surpassed. In his celebrated letter to Mr.
Monroe, which did more than his military triumphs to make him
President, he says, " The removal of no public officer should be
effected to create a vacancy or to gratify the ambition of a favourite
partisan." When this shall come to pass," the patriot will have
ample cause to tremble for the honour of his country and the
perpetuity of her public republican institutions." 0 prophetic
spirit! Has it not come to pass, and does not the heart of every pa¬
triot tremble for the honour of his country and the perpetuity of
her institutions ? Who can observe this contrast between the decla¬
rations and the practice of the man, and not feel the divine wis¬
dom of the prayer, "Lead us not into temptation."
The true doctrines in relation to public office, are simple, and
152
alike beneficial to the people and the incumbents. Offices of
State are created for the service of the people, as the State itself
is constituted for their benefit. The emoluments of the officer
is an accident, not an object, of the creation. Rotation in office is
not a leading principle of republican creed, and does not give
healthful action to the system. Such doctrines have a demoral¬
izing effect, tending to discourage industry, and to create nume¬
rous, anxious, idle, venal expectants of office. Their absurdity
becomes apparent, by following them out to their proper results.
Even if we limit the proposition, by saying, that all men, duly
qualified, are entitled to participate in official emoluments, it will
be obvious, that an attempt to reduce it to practice, must produce
a change every hour, in every office in the country. The proper
principle is, that public officers are the agents of the people, ap¬
pointed directly or indirectly, as the people have determined,
and should be changed, only, as the public interests require. Like
other agents, they should receive a moderate and just compensa¬
tion for their services, with the assurance of its continuance,
whilst those services are faithfully rendered. Towards its ser¬
vants, the State should pursue the course of every prudent indi¬
vidual, in his own affairs, and never discharge a competent,
experienced, and faithful agent, to receive others in quick succes¬
sion, who engage with a view to wages, and perhaps illegal vails,
and whose capacity is to be acquired at public expense, and
whose morals will be those of the gamester, because their exist¬
ence depends upon chance, or what is the same thing, upon the
caprice of another.
Let us now observe, how far the practice of the founders of
the republic and their immediate disciples, and that of the new
'dynasty, accords with their respective principles. For forty
years which had preceded the inauguration of President Jackson,
the removals of civil officers, as far as can be ascertained from the
public records, amounted to seventy-three only—less than an
average of two per annum. During the twelve years of the
administration of Washington and of the first Adams, there were
twenty-two removals—all, no doubt, with exclusive reference to
the faithful execution of the laws.
Mr. Jefferson came into office by virtue of what has frequently
been termed a "civil revolution;" during which, party feelings,
greatly excited, might have stimulated and extenuated vindictive
measures against sturdy adversaries. He found almost all the public
offices in possession of his political opponents—a fact which shows,
that although " rotation in office," be not threatened by the Presi¬
dent, its dread suffices, whilst the officer, is dependent upon him, to
produce strong cohesion. Some of these opponents, especially
marshalls and attorneys, had rendered themselves odious to the
people by uncalled for zeal in enforcing the obnoxious sedition law.
153
Others had been commissioned in the last moments of his prede¬
cessor, thus depriving him of the appointment. And yet, under
all these exciting circumstances, the whole number of removals by
Mr. Jefferson, in eight years, was thirty-six only; less than five
per annum.
Mr. Madison, who proclaimed and -always held the doctrine,
that the President was liable to impeachment for the retention of
an evil, or the dismissal of a good, officer, in eight years, re¬
moved jive civil officers,—Mr. Monroe nine,—and Mr. Adams,
the reviled John Quincy Adams, in four years made two remo¬
vals. Had the last gentleman been less regardful of the purity of
our institutions, and the independence 6f our citizens, he would
have rendered the triumph of 'his rival, at least, more difficult.
But, he was a martyr to the independence of public officers, and
the freedom of opinion. His great offence to the disciples of
Jacksonism was his resistance to the " rotation in office," which
made all public places the "spoils of victory.''''
When General Jackson entered upon office, there had been no
enforcement of odious laws; and instead of appointments on the
eve of his accession, derogatory to his rights, the executive action
had been, for months preceding, suspended; and on the day of
his inauguration there were more offices vacant, the filling of
which had been postponed for the purpose of conferring the
patronage on him, than the whole number of removals by Mr.
Jefferson in his eight years.
Within one year, next ^following General Jackson's inaugura¬
tion, there were, at least, one hundred and ninety-six, if not more
than two hundred, expulsions; double, nearly three times as
many, as during the whole forty years of all his predecessors!
And this, too, when the vastly greater proportion of the offices
were in the hands of his friends. To these removals are to be
added 490 removals of post-masters, hundreds of inspectors,
clerks, deputy-collectors, deputy-marsballs, secretaries, and other
subordinates, swelling the amount from 1500 to 2000, in a single
year! Nor has the proscription yet been stayed.*
By this nefarious policy, the administration has acquired an
army amounting to near fifty thousand well paid mercenaries;
who, spread over the whole surface of the country, mingle with
and endeavour, in many instances but too successfully to sway, the
people in their primary assemblies. This was a political offence
which Jefferson could not pardon, and which Jackson most hy¬
pocritically denounced. The first addressed the various officers
of his administration thus:
" The President of the United States has seen with dissatisfaction, officers
of the General Government taking1, on various occasions, active parts in the
* Speech of Mr. Sprague, in Senate.
154
election of public functionaries whether of the General or State Governments.
Freedom of elections being essential to the mutual independence of govern¬
ment and the different branches of the same government, so vitally cherish¬
ed by most of our constitutions, it is deemed improper for officers depending
on the executive of the Union, to attempt to control or influence the free
exercise of the elective right; and further, it is expected, that he, (the
officer,) will not attempt to influence the votes of others, nor take any part
in the business of electioneering; this being deemed inconsistent with the
constitution and his duties to it."
The inaugural address of General Jackson, of the 4th of March
1829, contains a principle of the same kind, but tainted with the
poison which pervades all his measures, an excitement to a strug¬
gle for participation in office, which he well knew must render
futile all charges to refrain from illegitimate influence over the
elective franchise.
" The recent demonstration of public sentiment," he says, " inscribes on
the list of executive duties in characters too legible to be overlooked, the
task of reform; which will require, particularly, the correction of those abuses,
that have brought the patronage of the Federal Government into conflict with the
freedom of elections, and the counteraction of those causes which have disturbed
the rightful course of appointment, and have placed, or continued power in un¬
faithful or incompetent hands."
So much for the theory; for the adverse practice under it, we
refer to the elections in New York, in Philadelphia, in every
place where the officers of the government are located, and, more
especially, we refer to the broad comment which has lately been
given to the text, in the State of Ohio. On the 8th of January,
1834, a convention, under the denomination of "the friends of
the present administration," assembled at Columbus to appoint
delegates to represent the party, in a proposed national conven¬
tion to be holden in May, 1835, to nominate a successor to
General Jackson. This Ohio convention of "the friends of the
present administration," was composed of one hundred and
seventy persons; of whom seventy-seven were office holders.
A gentleman holding the office of District Judge, under the ap¬
pointment of the President, not then confirmed by the Senate,
in his character of a " central committee man," called a meeting
(by advertisement in a public newspaper) of the friends of the
administration, in a particular count}', for the purpose of naming
delegates to the convention at Columbus. All these things were
matters of public notoriety. The convention, among other things
constituted a " central committee, with electioneering jurisdiction,
co-extensive with the territorial limits of the State." Of this
committee composed of seven persons, Jive, are officers holding
appointments under the executive: viz. one district attorney;
two receivers of public moneys; one surveyor of the Virginia
military lands; and one post-master.
But it has been discovered that an army of 50,000 mercenaries
already in place, and a half million of hungry expectants, are
155
insufficient, entirely to subjugate twelve millions of freemen, and
the jannisary bands are to be enlarged by all the force which
can be obtained from the directors and stockholders of the Go¬
vernment pet banks, and their debtors, in every State ; all of
whom are, through their interests, to be enrolled in" the execu¬
tive battalia. ,
That measures such as these, if successful, must put the liber¬
ties of the country at the mercy of the Executive, cannot admit
of a doubt. A subservient Congress may be attained by them ;
and though the forms of our government may be preserved, a
tyranny as effectual as if sustained by armed Cohorts, will be es¬
tablished. But will such measures be successful? We answer
confidently, No; if they be timely resisted. The interests of the
people furnish the true, the only true rules of right in politics;
and whilst the people are free they will always, sooner or later,
be pursued. Man in the mass, as in the individual, is liable to
error. Under deceptive lights the mass may mistake its welfare;
but, experience is ever at hand with her correctives, and happy
are the wanderers when her lessons are not too dearly gained.
The hand of that experience is upon us, heavily upon us. The
means of happiness which years of labour had procured, are
hourly stealing away ; but with them, the clouds which had ob¬
scured the public sense, are, also, departing; and the people,
rising in their might, will shake from them, as dew-drops from
the lion's mane, the vampire which is fatally draining the current
of their prosperity. To remove the darkness which rests upon
the people, it is necessary, only, that there be light.
ORDINANCES
AND
RESOLUTIONS
BOARD OF TRUSTEES
OF
THE UNIVERSITY OF ALABAMA,
WHICH ARE OF A GENERAL AND PUBLIC NATURE—PASSED SINCE!
THE CLOSE OF THEIR SESSION*IN JANUARY, 1831—UP TO
THE CLOSE OF THE AUGUST SESSION, 1837.
TUSKALOQSA.
PRINTED BT MARMADUKE J. St\DK.
1837.
TRUSTEES
OF THE
Who were elected on the 22d of December, 1836, for the
ensuing three years.
First Judicial Circuit, John Gayle and Jas. H. Draughan.
Second Judicial Circuit, Thos. Crawford and King.
Third Judicial Circuit, W. D. Stone and D. P. Bester.*
Fourth Judicial Circuit, Jas. E. Sanders and Evans.
Fifth Judicial Circuit, Wm. Acklin and T. M. Rector.
Sixth Judicial Circuit, Jeff'n. Buford and Jno. L. Hunter.
Seventh Judicial Circuit, Chas. D. Conner and A. Shannon.
Eighth Judicial Circuit, Fran. Bugbee and L. B. Rorertson.
Ninth Judicial Circuit, George Hill and Wood.
PROFESSORS OF THE UNIVERSITY OF ALABAMA.
The Rev. BASIL MANLY, of Charleston, South Caro¬
lina, President. The duties assigned him by the Trustees, for
teaching the following branches of Literature and Science,
to wit: Moral Philosophy, including Mental Science general¬
ly, Belles Lettres, Logic and Rhetoric; designated as the 4th
Chair; and to preside over the Institution.
RICHARD T. BRUMBY, Professor cf Natural History,
including Botany, Zoology, Mineralogy, Chemistry, and Ge¬
ology, with the application of Chemistry to the Arts and Agri¬
culture; and designated as the third Chair.
Professor of Mathemotics and Natural Phi¬
losophy, including the higher branches of Numerical Arithme¬
tic, Algebra, Trigonometry, Plane and Spherical Geometry,
4
Mensuration, Conic Sections, Fluctions and Differentials, Me¬
chanics' Statistics, Hydrostatics, Hydraulics, Acoustics, Op¬
tics, and Astronomy—to be assisted by a Mathematical Tutcr;
and designated as the second Chair.
Pro lessor of Ancient Languages, including
the higher grade of Latin and Greek Languages, Ancient and
Modern History, Geography, (Ancient and Modern.) with the
use of the Globes, to be assisted by a Tutor; and designated
as the first Chair.
Professor of the French, Spanish and other
Modern Languages. This department has been created by
the Trustees since the University commenced.
The Salaries of the Professors in the University of Ala¬
bama.—The President 3,000 dollars per annum—the other
Professors 2,000 dollars each.
ORDINANCES
OF THE
ORDINANCE
Providing for the Annual Meeting of the Board of
Trustees, and the Commencement and Vacations in
the University of Alabama.
Be it ordained by the President and Trustees of Ann. meet, of
the University of Alabama, That in future, the Wednes'y be-
Annual Meeting of the Board shall be held on Wed-day in Dec?°n~
nesday before the first Monday in December, and the
Commencement shall be held on Wednesday afterS,°wedneSd'y
the first Monday in December; there shall be onei^^311*1011,
long Vacation in the Summer, from the 15t.h of July Vacation in
° ' - summer From
to the 15th September, and the Faculty shall haveis July to 15
discretion to allow a Vacation about Christmas, forSept'
not more than two weeks, upon such conditions, as Faculty may
to the Students leaving the precincts of the Univer-Sot°™vrriE
sity or remaining, as they may think proper to im- cEmas.b°ut
pose.
Passed 23d December, 1836.
6
ORDINANCES OP THE
Chapter I—ANNUAL MEETING of the BOARD,
in^oftrustees ^ec. 1* The annual meeting of the Board of Trus-
Wednesiiay tees to be on Wednesday before the first Monday in
before Istmon J J
day in Dec, December.
Chap. II—THE FACULTY.
Sec. 1. That the Faculty Gonsist of the President
and Professors. The Faculty are charged with the
immediate government and direction of the Universi-
fbrce'thet0bye- ty- They shall enforce the bye-laws prescribed by
oatherd"e<^ufa-e Trustees, and shall have authority to make any other
tionsifdeemed regulations not contrary to them, which they may
necessary. ° J j j
judge necessary for the welfare of the students. The
Pres.topreside president shall preside at meetings of the Faculty,
at meetings of 1 ° ■"
the Faculty, who are to decide by the greater number of votes, that
of the President always being one to give validity to
the decision of the majority. The Faculty during
the session, shall devote themselves to the instruction
and discipline of the University. They shall reside
on the College premises, unless necessarily prevent¬
ed ; and if they have residences on College premises,
they shall, during the hours of study, occupy rooms
in the dormitories, which shall be designated by the
Faculty; provided this arrangement do not exclude
students from more than one room in each college
entry.
t^ciassesand ^EC- That, the President shall have power to
any of the de- vjsj|; the classes, and any of the departments of the
partments. 1 J 1
University, and to give such directions, and to per¬
form such acts generally, not inconsistent with the
laws of the University, as shall in his judgment pro¬
mote the interest of the institution.
Pres't. to pre- Sec. 3. That the President shall preside at corn-
side at Com- . . -a .
mencements-rnencernents, examinations and exhibitions, and m
UNIVERSITY OF ALABAMA.
7
;ase of absence, sickness or death of the President, ifa^sent-the
5 senior profes-
the senior professor present shall have all the power sor have
r-k *i tt • all the power
of the President in the government of the Universi-ofthepres't.
ty during such disability, or until the next meeting
of the Trustees.
The President
Sec. 4. That the President shall officiate in the to officiate in
i *i . • . . n . devotional ex-
usual devotional exercises, morning and evening, erases, mom-
and in his absence, the duty shall devolve on the1Dg&evemns
other College officers, one of whom shall call over the
roll at these exercises.
Sec. 5. That the Faculty shall hold frequent meet¬
ings to deliberate on the concerns of the College, to
secure the most perfect uniformity of discipline, and
to inflict necessary punishments.
Sec. 6. That the Faculty shall distribute among Faculty to di-
11 1 «i • i 1 • 1 Vldfi dtiJ*S6S ft"
themselves the various classes and exercises, when mong them-
not previously arranged by the Trustees, and each heLVreciS'tw
member of the Faculty shall hear the recitations
which may thus be assigned him.
Sec. 7. That if the scholarship or general conduct Ifthe conduct
of any student be such that it does not appear to °,f anr student
J 1 1 does not com-
comport with his own interest, or the interest of the port with his
University to continue him in it, the Faculty are au- ty to inform his
thorised to inform his parent or guardian that the difmtss
continuance of such student will be inexpedient, and £ensu7e!h°Ut
to dismiss him without censure or disgrace.
Sec. 8. That the Faculty shall annually appoint facuuyshaI1
J annually ap-
one of their number as their Secretary, to record point one of
. . . their number
their important acts, to send notice to parents and as secretary,
guardians, and at the close of each session, to fur¬
nish the Trustees with an accurate list of all the nish Trustees
students who may have been connected with the Col- the students
lege during the session, with the dates of their ad-each session'
mission and departure, and a specification of the sums
8
ORDINANCES OF THE
which they ought respectively to have paid into the
Treasury.
Sec. 9. That the Faculty shall be authorised dur¬
ing the intervals of the stated meetings of the Trus-
The Faculty ° ° .
to employ tu-tees, to procure additional temporary instructors or
sary/1 neces~ tutors, when they shall judge the interests of the in¬
stitution require it: but such arrangement shall con¬
tinue in force only till the stated meeting of the
Trustees.
Salaries ofthe Sec. 10- That the salaries of the Faculty be paid
Faculty to b8quarterly. an(j tjiaq t]ie. Comptroller be required to
paid quarterly. 1 J 7 A i
issue his warrant every quarter on the Treasurer for
the amount due to each College Officer.
Sec. 11. That as often as three times a year, the
. Faculty shall address circular letters to parents or
Faculty to in- J 1
formparentsorguardians, giving information of all absences from
feiatfoTto the College exercises, together with any remarks which
scholarship" of may be thought necessary upon the general conduct
students. an(j sch0larsldp of Students.
Sec. 12. That each member of the Faculty shall
have under his special care a certain number of stu¬
dents' rooms, which he shall visit every night in the
Faculty to vis week ail(] a[so every day in the week, with the ex¬
it students 7 J 7
rooms and rej ception of the day time of Saturday and Sunday.—
and bythem to Should any officer be necessarily prevented from at-
pm-entoi guar fending to this duty, he shall procure some other
member of the Faculty to visit his rooms in his place :
and should any student not be found in place, and not
give, within a reasonable time, a satisfactory'reason of
his absence, he shall be reported to the Faculty, and
by them to the parent or guardian. And should such
absences continue to occur, during the hours of study,
it shall be the duty of the Faculty, after having tried
university of alabama.
9
admonition in vain, to dismiss such student from the
institution.
Sec. 13. That each member of the Faculty shall
as often as once in two months, report to the Fa-Eacfi meniber
calty nil the damages done in the rooms under his?f£acult>;0lice
J ~ in 2 months re-
Care: and the Faculty shall order the necessary re-ponwFaculty
. " damages done
pairs to be made, and the amount to be charged to to rooms,
the authors when known, otherwise to the occupants
of rooms.
Sec. 14. That the Faculty may propose any
changes which they think desirable in the scheme of
studies or in the text-book; but such changes shall
not take effect until adopted by the Trustees.
Chap. III.—ADMISSION INTO COLLEGE.
Students to be
Sec. 1. That no student be admitted to member- on probation 6
, . -iiii • • months,and 14
ship until he has been on probation at least six years old be-
mouths, nor till he has attained the age of fourteen, to membership
Sec. 2. That there shall be the usual four regu- "
lar College classes: the Freshman, Sophomore, Ju-
nior and Senior. lege classes.
Sec. 3. That the requisites for admission into the
Freshman class, be, an acquaintance with the En¬
glish Grammar, a knowledge of Arithmetic and
Geigraph f, and an ability to translate four books at
least of C esar's Gallic War, Sallust's Cataline andThe reqnis;fes
Jngurthi, the Eclogues, Georgics and four JEneids offor
~ ' ^ ° a good moral
Virgil, and two books at least of Xenophon's Ana-character-
basis or Cyropocdia, and testimonials of good moral
J 1 ' , . , How admitted
character;—and no student shall be admitted fromfi?m other in
any other institution, unless he produce a certificates'°ns'
of his regular and honorable standing and dismission.
Sec. 4. Tint students maybe admitted to ad¬
vanced standing, or from any other College: provid- mitted to ad-
B
10
ORDINANCES OF THE
In"CfmriiSotherec^ ^ieY are found qualified on examination for the
colleges. studies of the class which they propose to join.
Sec. 5. That the University shall he open to per-
University to * 1
beopen to per-sons, who do not desire to take the full course, and
sire to take a to he graduated as Bachelors of Arts : hut who de-
&ioA«raduate sh*e to take a partial course and to he graduated in
^sr^chelorsofparticular departments only : provided they are found
qualified for the studies of the department which
they wish to join : and provided they take not less
than the usual number of departments, and com¬
plete all the studies of the several departments which
they take, and are engaged in these studies at least
two years.
No student to Sec. 6. That no student shall he admitted for a
tesslimTumii 'ess ti|nc than one session ; the tuition of which shall
one session. jje pajcj jn a(] vance to the Treasurer of the State, u ho
I uition paid r '
iuadvance. is authorised to receive the same on the certificate of
the President that the student is qualified for admis¬
sion at the University.
Sec. 7. That each student on admission shall sign
a promise to obey all the laws of the University of
Alabama.
CHAP. IV— LITERARY EXERCISES.
3 Recitations Sec. 1. That there shall he three, and only three,
ciais.ln cac recitations or lectures daily in each class; the first im¬
mediately after morning prayers, the second at 11 or
12 o'clock, and third one hour before evening prayers.
Hours of stu- hours of study shall be from sunrise till break-
dy- fast, from 9 till 12 o'clock, A. M., from 2 o'clock till
evening prayers, and from 7 till bed-time. During
these hours there shall he no society, class or other
meeting of the students. To encourage, however,
university of alabama.
11
the pursuits of literary societies in the University Faculty may
1 J J ' omit recitnt s
the Faculty shall have authority to omit all the re- onSalurd'y af-
r. , „ i . * ler inoriiiiig
citations on Saturday of each week after the morn-recitations,
ing recitations, during which time, all such societies
must hold their meetings.
Sec. 2. That on the twenty-third of December, if
it fall not on Sunday, there shall be an annual exhi-toboanannual
bitian, parts in which shall be assigned to the more*'x!"b,l,on'
advanced scholars;—but nothing shall be spoken by N(,thing spo
a student at an exhibition, commencement, or on any p"v"dby th«
public occarion, which has not been approved by the p,esirlent-
President.
Sec. 3. That there shall be the last week of each
session, or previous to a vacation or recess, a public
examination, to which the Trustees, parents of stu-Pnl)lic exami."
1 nation previ-
dents, and literary and scientific gentlemen gener al- ou-i10 vacation
... m, . —and at'ter the
ly, are invited. The examination shall be conduct-examination
eJ in the most thorough and exact manner, so as toiLiimX-ut
exhibit as far as possibie the evidence of the dili-^"u^'cia^ses!"
gence and acquirements of each individual. And
after each examination, the Faculty shall make out a
merit-roll of all the classes, in which roll each stu¬
dent shall be ranked according to his scholarship and
general conduct: and whenever desired, the parent
or guardian shall be informed of the rank of his son
or ward.
Sec. 4. That the students are forbidden during
time of lecture, recitation or devotional exercise, to
whisper, to engage in any reading, or making any
manner of disturbance, or to use any text-book in a
recitation room, except in the language departments,
unless required by the Teacher.
Sec. 5. That any student who fails to perform
^ ing to perform
12
ORDINANCES OF THE
pub. exercises pU|j]jc exercise assigned him, shall he subject to pun-
subject to pun-r °
Mimer.t. ishment according to die nature of the ccse.
fraiiif™m°tife Sec. 6. That every student is required on dm
"ions onvthe Sabbath to refrain from the usual exercises and di-
Sabbath. versions.
direct a" 'what Sec. 7. That the President is ^ hiw* at what
be"iet for "coil! bnie the bell is to be rung for College exercises, for
exercises. study hours, meals and on all other occasions.
Sec. 8. That for any absence from recitations or
prayers, or tardiness at the same, for deficiency in a
students lia- lesson, or neglecting to furnish a theme, or to de-
ble to be ad- » » '
monished for claim, a student is liable to admonition: and if such
absence or de- . '
ficiency in aabsence or deficiency be frequent, he shall be liable
to higher punishments. No student shall he absent
Not to be ab-from any exercise, except by permission of the effi-
pelrmis^ion?11 cer with whom that exercise is to he performed, un¬
less he has obtained from the President leave of ab¬
sence from College.
Sec. 9. That no absence from anv literary exer¬
cise shall be considered as an excuse for want of pre¬
paration in the same, at the daily reviews and at the
exerciseCmust pEiblic examination ; and every deficiency in an exer-
be made up in cjse whether by absence from it, 01* an imperfect
* reasonable ' J 7 1
time for the stu learning of the same, must be made up within a rea-
dent to retain t 1
standingin his sonable time, in order to the student's retaining a
standing in his class.
No student to Sec. 10. That no student shall join or leave a
clals^Jfthout class, or occupy or leave a dormitory without per-
permission. mission from the Faculty or President.
Sec. 11. That every teacher shall beep an exact
Every teacher roll of each class attending his instructions, u hich
to keep a roll . . .
and mark ab-roll he shall call over at every recitation or lecture,
sentees'and t0 carefully marking all absentees, and the result shall
UNIVERSITY OF ALABAMA.
13
be registered by the Secretary of the Faculty, in uncorded br
1 ^ J - Hie Secrelaiy,
book kept for that purpose.
Sec. 12. That the following be the scheme of sUu
' dies of the college classes:
FRESHMAN CLASS.
1. In the Department of Ancient Languages, one Srh*meof ?tn
1 ° ^ _ dj' in Fresh.
lesson a dav through the year, embracing Latin and class i ies-on
~ ^ TT. *" , a (iflV through
Greek, written translations, History and Ancient the year.
Geography.
2. In the Department of Mathematics and Natu¬
ral Philosophy, one lesson a day through the year,
embracing Algebra and Geometry in part.
3. In the Department of Natural History, Che¬
mistry, &c., one lesson a day through the year, em¬
bracing a revision of English Grammer and Modern
Geography, with the use of the Globes; and the
anatomy and physiology of plants.
SOPHOMORE CLASS.
1. In the Department of Ancient Languages, one
lesson a day through the year, embracing Latin and
Greek, written translations, and History and Ancient
Geography completed.
2. In the Department of Mathematics and Natu¬
ral Philosophy, one lesson a day through the year,
embracing Geometry finished, Trigonometry, Men-fletlTadny*
sunlion, Surveying, Coriic Sections, &c.
3. In the Department of Moral and Mental Phi¬
losophy, two lessons a week, embracing Rhetoric, ac¬
companied with Compositions. In the Department
of Natural History, Chemistry. &c., one lesson a
u
ORDINANCES OF THE
week, embracing the study of Zoology. In the De¬
partment of Modern Languages, two lessons a week
in French.
JUNIOR CLASS.
1. In the Department of Ancient Languages, one
T , , . lesson a day through the year. 'Ilie Professor of
In the depart- «/ . ^
meniofti.eJu-Ancient Languages will during this year accompa-
nior cU-s one s •
lesson a day. ny his lessons with lectures 011 Grecian and Roman
Literature and Mythology, for the illustration of the
ancient classics.
2. In the Department of Mathematics and Natu¬
ral Philosophy, one lesson a day through the year
on the several branches of Natural Philosophy, ac¬
companied by experimental lectures.
2. In the Department of Moral aid Mental Phi¬
losophy; one lesson every other day through theyear,
including weekly compositions, and accompanied by
oral or written lectures.
4. In the Department of Modern Languages, one
lesson every other day, on the French Language and
Literature.
SENIOR CLASS.
weEy "corn- die Department of Moral and Mental Fhi-
position and losophv, one lesson a day, including wctklv compo-
oral or written 1 ' t? r
lecturjs. sit,ions, and accompanied by oral or written lectures.
2. In the Department of Natural History, Che¬
mistry, &c.. one lesson a day on Mineralogy, Che¬
mistry and Geology, accompanied through the year
by experimental lectures illustrative of these sub¬
jects.
university op alabama.
15
3. In the Department of Modern Languages,
lesson a day on the French Language and Litera-'f8011 everr
. . day.
tore continued; and also oil the Spanish or Italian,
at the option of the student;—and accornpamd by
lectures.
Chap. V.—GENERAL CONDUCT.
Sec. 1. That it is confidently expected that the
students will be influenced to good conduct and lite¬
rary exertion, by higher motives than the fear of
punishment; but when such motives fail, it will be
the duty of the Faculty, with paternal solicitude, to
endeavor, by conversation, admonition and warning,
to s ive the delinquent, so long as it can be done with¬
out injury to the institution: when these means are
ineffectual, they will proceed to give official notice to
p irents or guardians, and when the case may require
it, to inflict one or more of these punishments: pub¬
lic admonition, suspension, private or public dismis¬
sion, or if the case call for expulsion, to bring it be¬
fore the Board of Trustees for their consideration.
Sec. 2. That if any student shall be guilty of pro- StU(jen,s ffuiU
faneness, intoxication or dissoluteness, of lying, pur-)yofJnt0.xica*
' i j n 7 r tion & crimes,
loining, of fighting, or assaulting any person, or ofhowPun'shed.
gambling, he shall be admonished, suspended or ex¬
pelled, according to the nature of the offence.
Sec. 3. That if any student shall fight a duel, or
send or accept a challenge to fight a duel, or be se-.indentsfi«ht.
cond in a duel, or in a way aid or abet it, or abuse a beexpeiie'd. l°
fellow student for refusing to fight or be concerned in
a duel, he shall he immediately expelled.
Sec. 4. That no student shall be allowed to board
at any tavern, or resort to any public house for en-it
16
ORDINANCES OF THE
em without tertainment or amusement, without permission from
Definition. , _
tne President Professors.
Sec. 5. That if any student offending against the
laws, s!i ill presume to leave the University without
Sfn h'nM of- .. *,
fe.1.1; a certuicate froai the e acuity, ol his e< nuuet and
standing while there, it shall be at the discretion of
catV.,ulCLlUfi t'ie Faculty, to make the name of such offender pub¬
lic, with the nature and degree of the offence.
Sec. 6. That if a student shall disobey any of the
How studontslaw^ commands of his Teachers, or shall in speech
are pn.shed or actum manifest any disrespect towards any of
who disobey .
tile commiods them, or shall refuse to appear without delay before
them, or any of them, when required so to do, he
shill be admonished, suspended or expelled, accord¬
ing to the nature of the offence.
Students not Sec. 7. Th it no student shall, without, permis-
toin ik-* public . . , . , it,
entertainment sinn, entertain company, or make any public enter-
rmlS. "er* tainme.it.
Sec. <S. That no class or associations shall he
Jibe formed in fonnsd in College for any purpose, unless a statement
college with'i()f t|ie design of such association, with the rules by
tne aoprobi- ' .
tion ofthe Fa-yvhich they are desirous of being governed, and their
CUl^ h">urs of meeting, be previously submitted to the
faculty, and receive their approbation.
Ssc. 9. That in punishment of idleness, any in¬
structor may require study in hours of relaxation, or
the Faculty may require study in vacation.
Sec. ID. Thatany student who shall visit town dur-
Stndeots not ing study hours, especially at night,, without permis-
dmuogtsiudyaf5i°n of the Faculty, shall be admonished for the first
permission''utcJ^ence, and reported to the parent or guardian, and,
0n a repetiti m of the offence, shall be subject to
giich severer punishment as the Faculty may'adjudire.
Students Sec. 11. That any student who shall during ses-
UNIVERSITY OF ALABAMA.
17
sion time attend the theatre, circus, or race-track, or to attend dr.
any public party, shall be solemnly admonished for tracks, nor to
the first offence, and on a repetition of the offence, or dirk knives,
shall be suspended or dismissed.
Sec. 12. That no student shall be permitted to
keep firm-arms, dirks or dirk-knives, under the penal-
alty of suspension or dismission.
CHAP. VI—BOARDING AND ROOMS.
Sec. 1. That the officers of College may visit the 0fficers of the
rooms of students at any hour of the day or night, college may
J J I V(sl(- t[,e roomg
"whenever they have reason to suspect a violation ofof students at
the laws, and in all cases of improper noise or tiis-a"}
turbance, it shall be their duty to visit the rooms.—
Should any student refuse to admit an officer to his
room, it shall be shall be punished as a misdemea¬
nor.
Sec. 2. That no student shall occupy a room in
College during vacation without the permission of
the President or Faculty.
Sec. 3. That board be provided in the College Re¬
fectory for those who choose to board there at the Sec. 3d repeal
rate of eighty dollars for the collegiate year, payable perRmPonih1he
quarterly in advance:—but those who clo not choose
to board with the Steward, shall board only at such edS°Dec°n20tbS
houses as may be approved by the Faculty, and then 1836»
shall not pay a larger sum than the rates established
at the Steward's Hall.
Sec. 4. That the house of the Steward, as well as
those of the Faculty, shall be kept in repair by the Stewart to see
occupant. It thall also be the duty of the Steward Lre'cJtViwn
to see that no trees are cut down on the College gJo„nedscoIlese
grounds, to keep up all the inclosures, to take the
C
18
ordinances of the
necessary care of the vineyard and ornamental m.d
fruit trees, and, under the direction of the Faculty
to purchase the necessary amount of coal, to hire
College servants, to set out forest trees about the
College buildings, and superintend the execution of
Steward to any repairs which may be ordered. For these ser-
take •■areofthe i
vineyard, pur-vices he shall be entitled to the use of the University
servants. & to land on the south side of the lluntsville road, and
of^'unllvm?1 any ether compensation which the Trustees may al-
road- low :—and that the Comptroller be, and he is hereby
Comptroller to authorised to issue his warrants on the Treasury in
ixsue warrants payment for such sums as the Steward may disburse
for disb'nients r J J
by steward, under the authority given him by this ordinance:
provided that an account shall be exhibited of such
disbursements with proper vouchers, and counter¬
signed by the resident Trustee.
Chap. VII—LIBRARY.
Librarian'sdu- g ^ That the Librarian shall execute the du¬
ties.
ties of his office agreeable to the directions of the
Faculty in all matters which are not provided for by
the rules established by the Trustees.
T. Sec. 2. That it shell be the duty or the Librarian
Librarian to J
keep Library to keep the Library in good order, and to receive
in order and re 1 , J it
ceive and re- and register all books, whether donations or pur-
gister books. c|iasp(j jje s|ia|} can jn an without excep¬
tion, on the week preceding commencement; he will
record and collect all fines inflicted for violation of
the Library laws; provided that the student or stu¬
dents fined, may have the liberty of appealing to the
President for lessening or remitting the same.
Sec. 3. That the Library shall be opened not less
Ipen^Mew than once a week, at such times as the President
UNIVERSITY OF ALABAMA.
19
may designate—the books to be delivered out in suchtllan *
J . . week.
order and manner as the Librarian may direct.
Sec. 4. That the use of the Library shall be ten- Library free to
. .. m L T, astees, &c.
dered free of expense to the Trustees, President, Pro¬
fessors and other Teachers, and students.
Sec. 5. That no student, at any time, may have in
, l-i . Students may
possession more than three volumes, which may be have 3 vols for
kept two weeks. If they are not returned within2weeks'
the specified time, he shall pay for every week's de¬
tention beyond the limitation, 10 cents for a 12mo.
or book of similar size, 20 cents for an 8vo., 30 cents
for a 4to. and 40 cents for a folio. If any student de¬
face, injure or loose any book of the Library, he shall students iia-
pay the value of the book if defaced, double the
value if much injured, and threefold if lost; andbooks'&c>
shall be suspended from the privilege of borrowing
during such term as the Faculty shall adjudge. No
student shall be admitted to the Library except in
the presence of the Librarian, or some one of the
Faculty. The books lent are for reading only, and
not to be used as text-books.
Sec. 6. That no student, while receiving books,
may take any down from the Library without per-Students not
mission from the Librarian, under a penalty not ex-hooks without
ceeding fifty cents : and such books as are valuable JS'Sn" °f
for their plates, their rarity or antiquity, may be de¬
tained in the Library by order of the Faculty, as
w »rks of reference merely.
Sec. 7. That members of the Faculty may be per- Fncnll ma
mitted to have from the Library fifteen volumes athavel5voJsat
J °ne time.
one time.
Sec. 8. That the privileges of the Library shall be
withheld from sueh persons as have incurred fines
20 ORDINANCES OF THE
under the preceding regulations, until such fines are
paid.
Chap. VIII.—VACATIONS, DISMISSIONS AND
ABSENCES.
(See Ordinance of the 23d December, 1836.)
Sec. 2. That all students are amenable to the
laws of College for their conduct, whether present
or absent.
students requi Sec. 3. That every student is required to return
coni-e^sVuay to College by the first day of each session: no ex-
ofeachsession cuse for tardiness shall be admitted, except sickness
or other very special reason ; for which the proper
certificate shall be presented in writing to the Presi¬
dent.
Students not to gec 4 That no student shall be permitted to ab-
absent them- ^ a
selves except gent himself in session time, except 111 case of abso-
in cases of ne¬
cessity. lute necessity, or at the request of the parent or guar¬
dian, signed in writing.
ecTto gTve^cer- Sec. 5. That any student desirous of leaving Col-
dents^desirous lege before the completion of his course, shall, if a
of leaving col. mjnorj produce from his parent or guardian a writ¬
ten certificate or statement, that such is his wish,
and the President is authorised to give him such cer¬
tificate of dismission as he may deserve,
standing as a gEC g That in every certificate of dismission,
scholar to be J *
mentioned in the reasons of dismissions shall be specified, and the
cerlilicatcs ol -1-
dismission. student's standing as a scholar particularly men¬
tioned.
CHAP. IX.—EXPENSES.
Sec. 1. That in order to extend the advantages of
university of alabama-
21
education as widely as possible, the charges for tui¬
tion, room rent, use of Library, use of public rooms, c!»?rge« for
' ' y) I ' tuition & other
fuel and attendance of servants shall be only forty expenses $40
• 11 • i • • "for collegiate
dollars during the collegiate year; this sum in all year,
cases to be paid the Treasurer in advance.
Sec. 2. Students shall, however, always be liable students liable
to be charged with any special damages which they d^ne'toTtdver
may commit on University property. sity property.
Sec. 3. That the Trustees may, at their discre-2 youth.from
tion, assist poor and promising youths in acquiring an ^hd f^"
education by remitting a part or the whcle of these charge,
charges. One^youth from each county in the State,
who may possess promising talents and a good cha¬
racter, and may be in indigent circumstances, shall
be educated at the University free of any charge for
tuition, room rent, use of Library, public rooms, fuel
and attendance of servants.
Sec. 4. That every student from a distance, who
is^a minor, shall be required to deposite his funds students under
with some responsible individual, approved by the their funds
Faculty, which individual shall, from time to time, dividual"16
make disbursements as he may judge the interest of
the student requires.
Sec. 5. That the Faculty shall be authorised to Faculty may
prescribe a uniform dress after the end of the first redress.""*
session, in which due ragard to economy, and the
seasons of the year shall be observed.
Sec. 6. That the students in their dress, shall con¬
form to the uniform prescribed by the Faculty, to be
in force after the end of the first session.
Chap. X.—COMMENCEMENT.
Sec. 1. That the commencement shall be held on
22
ordinances op the
Wednesday after the fiast Monday in December, at
which time public exercises shall be performed by
such candidates for graduation and others, as the
the Faculty may appoint.
Sec. 2. That each member of the class shall fur-
. . . , nish a copy of his exercise to the Prerident for cor-
students to fur r J
n,si, copies ofrection and approval, at least two weeks before com'
their exercises 1 A
mencement.
Sec. 3. That no student shall be considered as a
candidate for the degree of Bachelor of Arts, unless
Astudent must . .
sustain aii his he has gone through all the departments of learning
honorably°for at the University, and honorably sustained all his
Bachrof^Aris, examinations, and performed every exercise which
college1 duesS^las been assigned him: nor until he produces evi-
are paid. deuce that all his College dues, including the expense
of a diploma, have been paid. The.se diplomas shall
be signed by the President and Professors, and any
Diplomas to 0f (jle Trustees present. A certificate will also be
be signed by 1
Pres., Pro. & giveii to those who graduate in any departments of
Trust, present • i
the University, signed by the President and Profes¬
sors of said departments, and the Trustees present.
Sec. 4. That Bachelors of three years standing
ate^ may be ad and of good moral character, who are graduates of
degree of Mas this University, may be admitted to the degree of
Arts. Master o'f Arts, upon seasonable application to the
President and with the assent of the Trustees.
Sec. 5. That persons who have received a degree
grees'may^^e fr°m any other regular College or University, may,
conferred on with the approbation of the Faculty and Trustees,
persons from 1 1 J
other regular be admitted to the same in this University: and
colleges.
honorary degrees may be conferred on account of
distinguished merit.
Sec. 6. That resident graduates pursuing their
duatesmaygat- studies at the University, shall have liberty to attend
UNIVERSITY OP ALABAMA.
23
tend the lectures of the Professors, and to receive |®^s
books from the Library. professors.
ORDINANCE
For the government of the University—Passed 20th August, 1833.
Sec. 1. Be it ordained by the Trustees of the Uni¬
versity of the State of Alabama, That it shall be
the duty of the Faculty, previous to the dismission,Faeuity^nnL
or suspension of any student, to cause such student^" t0 stu"
to appear before them; at which time the causes of
complaint against him, or the offences with which he
is charged shall be distinctly stated, and he shall have TheFacuIty t0
an opportunity of being heard in his own defence; takf minVtes
fr J ° 'of the testimo-
and it shall be the duty of the Faculty to take mi- nony °f ehar-
nutes of the testimony in all eases where offences studenfs."
against the laws are charged against any student,
which minutes shall be certified as correct by the Se¬
cretary.
Sec. 2. It shall be the duty of the Secretary Duty of the
to furnish the Board of Trustees, at each annual ^Faculty L
session, with a list of the students who have beenj™^
dismissed, or suspended, during the previous year—°[J|e1^ssed
the causes for such dismission, or suspension, and the
minutes of the testimony taken in each case ; and it
shall also be the duty of the Secretary at each an- , ,
J J Sec. to lay be
nual meeting of the Trustees to lay before them the fore Trus. pro
ceedings of
book in which the minutes of the proceedings of the Faculty.
Faculty have been recorded.
IEI»f
RESOLUTION
Requiring the agent to furnish the Board a list of the dehts due the University.
Resolved, That the agent of the University fur-Agent to fur
nish this Board with a list of all the debts due the debts, &c.
University, which have been prosecuted to judg¬
ments, and which have been stopped by order of the
Board, or otherwise.
Adopted, April 13, 1831.
RESOLUTION
Providing for the appointment of a Teacher of French, Spanish, and other
Modern Languages.
Resolved, That a Teacher of French, Spanish, and
other Modern Languages, be appointed in this Uni-
versitv, on a salary of one thousand dollars: and thatSa,arr f100<?
- ' J amended, and
the Faculty be requested to present to this Board, atfixed at $2000
their next meeting, the name, or names of individuals
in Iheir opiui0:1 qualified for this office—together with
such testimonials as may be in their possession, as to
their qualifications.
Adopted, April 13, 1831.
D
26
RESOLUTIONS OP THE
RESOLUTION
Fixing the time when the salaries of President Woods and Professor Tutwiler
shall continence.
Resolved by the President end Trustees of the
University of Alain »t»-y That, tlie salaries of Presi¬
dent Alva Woods and Professor H. Tutwiler, shall
^ commence on tlie first day of February, 1831, the
commence oil time at which they respectively commenced prepa-
lst Feb. 1831. ra^on for their removal to this University, to take
upon themselves the duties assigned them.
Adopted, April 13, 1831.
RESOLUTION
Authorising the Faculty to employ a person to keep in order the University
buildings, and to perform other services.
Resolved, by the President and Trustees of the
Facuity'toem University of Alabama, That the Faculty of the
to"ke^phTor" University be, and (hey are hereby, authorised to
bgs'h&cl!Ulld" employ some fit person to keep in proper order the
public buildings belonging to the same, and perform
such services as the Faculty may require.
Adopted, April 14, 1831.
RESOLUTION
To provide for having printing done for the Board.
Resolved, by the President and Trustees of the
University of Alabama, That the Secretary of the
Sent Trus. Board, and resident Trustee, be required to let to the
UNIVERSITY OP ALABAMA.
27
lowest bidder, all the printing ordered to be done by J-" printing8**
the Board.
Adopted, April 15, 1837.
RESOLUTION
Fixing the time when the University shall commence.
Resolved, That the first session of the University To commence
shall commence on Monday the 18th instant, andi83LPnl 1'
that the President be authorised to give notice of the
same, by public advertisement in such newspapers as
may deem expedient.
Adopted, April 15, 1831.
RESOLUTION
Fixing the salaries of Tutors in the University of Alabama.
Resolved, by the President and Trustees of the
University of Alabama, That the salary of Tutorst^a^|J(®fTa
in the University of Alabama shall be eight hundred
dollars per annum.
Adopted, December 23, 1831.
RESOLUTION
Authorising the Agent to grant Leases of Land.
Resolved, by the Trustees of the University of
Alabama, That the Agent be, and he is hereby, au-Agentt0 exe-
thorised and required to execute Leases to all persons ™J®0^ase810
28
RESOLUTIONS OP THE
who are entitled to claim the same from this Board,
under the authority of a law, passed December 24,
1822.
Adopted, January 21, 1332.
RESOLUTION
Providing for a Librarian attire University
Resolved, That the Faculty have power to ap-
appointed, pay point, from among the students at the University, a
uo dollars. Lj|3rarian? the rate of one hundred and ten dol¬
lars per annum, for the time he may be engaged in
his duty.
Adopted, January 13, 1832.
RESOLUTION
Authorising the President of the Board to temploy a Door Keeper.
Resolved, by the President and Trustees of the
University of Alabama, That the President of the
Board of Trustees be authorised to employ a Door
Keeper, to attend the Board and to prevent intrusion.
Adopted, January 17, 1832.
ORDINANCE
Authorising the Agent to pay money in the State Bank.
President to
employ door
keeper. ^
Be it ordained by the Trustees of the University
of Alabama, That the Agent he, and he is hereby,
UNIVERSITY OP ALABAMA.
29
authorised to pay .any moneys which may he collect- A§ent 1° pay
ed by him on account of the University fund, intoBankf&c,tate
the Bank of the State of Alabama to the credit of
said fund, and the certificate of the Cashier that such
deposit has been made shall be delivered to the
Treasurer.
Adopted, January 17, 1832,
ORDINANCE
To provide for the election of Steward at the University.
Resolved, by the President and Trustees of the
University of Alabama, That hereafter the Stewardeie^tedVnnbe
for the University shall be chosen annually,, by the
President and Trustees, at the regular annual meet¬
ings.
Adopted, December 13, 1832.
RESOLUTION
Requiring the Agent of the Board to furnish annually a statement of the lands
sold.
Resolved, That the Agent of the University of
Alabama, on the first day of each annnal session, fur¬
nish the Board a statement of all the lands sold by-Agent to re-
i . TT . i i • i i P(,rt Istday of
this University, and upon which complete payment each annual
has not yet been made, and that he set forth the Sin" of the
price at which each tract was sold for, the timeland'&c'&c'
when sold, and the amount yet due; and if any lands
remain unsold, the quantity, and where situated—
also, that he furnish an exhibit of the entire fund of
30
RESOLUTIONS OF THE
tliis institution, which has been realised from the
sales of lands—distinguishing in his exhibit the dif¬
ference between capital stock and interest.
Adopted, December 13, 1832.
RESOLUTION
Providing forthe election of Librarian at the University,
t . Resolved, by the President and Trustees of the
Librarian to be .
elected ann, £ University, That the Librarian of said University be
elected annually by the Trustees.
Adopted, December 19, 1832.
RESOLUTION
Providing for the sale of forfeited land of the University.
Be it ordained by the Trustees of the University
of the State of Alabama, That all lands heretofore
sold by the Trustees, upon which full payment has
not been made; and which, under a late decision of
the Supreme Court, have become forfeited to the Uni¬
versity, shall be disposed of in the following manner:
Duty of agent k shall be the duty of the Agent to make immediate
to make appli- # J °
cation to per- application to persons whose lands are thus situated,
s or pay un[ess payment be made of all arrears, both of
principal and interest, due by each and every person
on all forfeited lands, on or before the first day of
no^mTdT'by November next, lie shall be, and be is hereby, autho-
ter Na°nV(i 'lake rised and instructed to enter upon and hold, on ac-
possession. comi^ aiR] t0 the use of University, all such forfeited
lands. And that whenever the said Agent cannot
UNIVERSITY OF ALABAMA.
31
do this peaceably, he is hereby instructed to c°ra-Pe™n"j
mence and prosecute suits according to the provi-P°ssession to
1 o i bring suit.
sions of the statute in such case made and provided.
And be it further ordained, That whenever pay¬
ments shall not be made of all arrears as aforesaid,
by the persons having the right to do so, the Agent
is hereby authorised to permit entries to be made by
indifferent persons upon the payment of all such ar-if pay't is not
• i i i . iii i made agent to
rears: provided, that no entry shall be made on a permit entries,
less quantity than any one person's entire purchase
now in poseession.
Passed, August 17, 1833.
RESOLUTION
Fixing the salary of the Professor of French, Spanish, and other Modern
Languages.
Resolved, by the President and Trustees of the
University of Alabama, That from and after the
third Monday in October next, the annual salary of salary of pro.
the Professor of French, Spanish, and other Modern goooXiiar?0
Languages, shall be two thousand dollars.
Adopted, August 19, 1833.
RESOLUTION
Requiring the Agent to report the situation of lands and funds
Resolved, by the President and Trustees of the
University of Alabama, That the Agent of this
Board be directed to report the whole amount of the
• -iii • agent to report
sales of the University land, shewing the amount paid sales of land,
in, the amount yet due—and distinctly shewing the
32
RESOLUTIONS.OF THE
shewing the a-amount of capital or principal, and the amount of in*
5E income come funds, both in relation to receipts and outstand-
funds. i t ,
mg debts.
Adopted^ August 11, 1834.
RESOLUTION
Requiring the Agent to pay the funds of the Uhiversity into the Bank.
Resolved, That the Agent of the University be
Agent to pay required to pay into Bank, to the eredit of the Uni¬
versity, all the University funds in his hands or pos¬
session.
Adopted, August 13, 1834.
RESOLUTION
To elect the Agent of the Board annually.
Resolved, by the President and Trustees of the
University of Alabama, That the agent of the Board
A^entto be °f Trustees shall be elected annually, at the regular
elected ann. meetings of said Board; and should a vacancy occur
in said office, by death, resignation, or otherwise,
during the recess of the Board of Trustees, it shall
be the duty of the President of the Board of Trus-
ir a vacancy £ees £0 ftp such vacancy—which appointment shall
happen Pres. * A 1
to appoint, continue until the end of the next annual meeting of
said Board.
And be it further resolved, That the foregoing
resolution take effect from and after the passage
thereof.
Adopted, August 15, 1834.
UNIVERSITY OP ALABAMA.
33
RESOLUTION
To appoint an Assistant to the Professor of Chemistry.
Resolved, That this Board will annually appoint ^
the assistant to the Professor of Chemistry, and that Chemistry aP-
i i- xi Pointed ann.
they will now proceed to the appointment lor the
next College year.
Adopted, August 18, 1834.
RESOLUTION
Requiring the Agent to lay before the President an account of the capital stock
of the University.
Resolved, That it shall be the duty of the agent of
the University to lay before the President of this
Board, previous to the session of the Legislature, an olThe^caphai
account of the capital stock of this University, withslock'&c'
all such information as will go to show the condition
of its financial concerns.
Adopted, August 16, 1834.
RESOLUTION
To establish a Preparatory Department at the University.
Resolved, by the President and Board of Trus¬
tees of the University of Alabama, That a Prepara¬
tory Department be established in connection with^JJ
the University, under the supervision and control
the President and Faculty, to go into operation forth-Faculty,
with; and that the Teacher who may be elected to ua] }
fill that department receive an annual salary of one 1000 dollars,
thousand dollars.
Adopted, August 12, 1835.
E
34
RESOLUTIONS OF THE
RESOLUTION
Requiring the Agent to make settlements with all persons in arrears to the
University.
Agent to make Resolved, Tli at the Agent of the Board of Trus-
settlemerats . •in
with ail per-tees be required to make settlements with all per¬
sons in arrears . . , i tT * 1
to University, sons in arrears with the university as early as prac¬
ticable.
Adopted, August 12, 1835.
RESOLUTION
Requiring students to pay board in advance.
Resolved, That in pursuance of the recommenda¬
tion of the Faculty, no student be received into the
students to University until he produces to the Secretary of the
advance.1 Faculty a receipt, showing that payment for hoard
has been made in advance, as is required in the case
of tuition: provided, that this resolution shall not
embrace such students as do not board with the
Steward.
Adopted, August 12, 1S35.
RESOLUTION
Authorising the Faculty to require the Junior classes to deliver public pieces.
Resolved, by the President and Trustees of the
Faculty may" University of Alabama, That the Faculty of the
require Junior University, under such regulations as they may adopt,
classes to de- • 1 ° J J i >
liver public require the Junior classes successively, or such part
pieces* ^
thereof as they think advisable, to deliver in public
UNIVERSITY OP ALABAMA.
pieces of their own composition, at the conclusion of
each summer examination.
And be it further resolved, That it shall be the Pre8- t0 invjt~e
duty of the President of the University, at each^,t^rjg]nact1^g
commencement hereafter, to give a special invitationt0 aftend com*
0 1 nieiiceineut.
to both branches of the Legislature, through their
President and Speaker, to attend the commencement
exercises.
Adopted, November 20, 1835.
RESOLUTION
P/oviding for the sale of forfeited lands of the University.
Resolved, by the President and Trustees of the
University of Alabama, That it shall be the duty of
the Agent of the Board to advertise the list of lands Agent to ad -
returned by him as apparently forfeited, and to'called'Ss^rre-
upon the original purchasers thereof, severally, tosaIe'
come forward and shew cause why the said land
should not be re-sold; and if the said parties, or any
of them, should fail to furnish evidence that such
lands, or any of them, are not forfeited, within three f0^n{J8BJ;
months from the passage of this resolution, such ch,asers bdore
r ~ ' sale—agent to
lands shall be subject, and are hereby required, to bes^e 30 days
sold at public auction by the Agent, immediately af¬
ter having given thiaty days notice of the time and
place of such sale, at a price not less than the mini-^ ^ b w
mum price heretofore fixed upon such lands—one for less than
third of the purchase money to be paid in hand, the phricemminQum
balance in two equal annual instalments, with in¬
terest from the date of sale, the purchaser giving
bond with good and sufficient security : and if such
lands should not be sold as above required, they
36
RESOLUTIONS OP THE
if land should siia^ be subject to entry, at the minimum price fix-
not sell, sub- J r 7 - r
ject to entry. e(j by iaWj upon the terms as above stated; provid¬
ed that the said minimum price shall, in no case,
be less than the balance now due on such forfeited
lands, together with the interest thereon.
Passed, November 20, 1835.
RESOLUTION
Appropriating money to purchase Books for tho Library.
Resolved, by the President and Trustees of the
University of Alabama, That the sum of four hun-
$400 appro-'dred dollars be appropriated and set apart annually,
afiyto p"?"sfor the purchase of Books for the University Libra-
chase books. seiected by the Faculty, and that said sum
of money, on the first day of January, in each and
every year, be subject to the order of said Faculty.
Adopted, December 17, 1836.
RESOLUTION
In relation to the board of Students at the Universiy.
t * Resolved, That in future board one session in ad-
Students to '
pay board inyance shall be paid to the Agent of the University,
advance, &c. 1 0 -i
who shall give his receipt for the same, and the stu¬
dent shall not be allowed to board at the Steward's
t Hall, until he produce such receipt; that the Steward
draw his pay shall, at the end of each month, be allowed to draw
from the agent out of the hands of the Agent, the board due him
smdentsd *°f from each ttudent; that if the student leaves the
UNIVERSITY OP ALABAMA.
37
Steward's Hall, a certificate of thatYact, from the Se¬
cretary of the Faculty, shall entitle hi u to receive
from the Agent the balance of the advance in hisAgentt0 give
hands : and that said Agent give bond and seeurity
in the sum of five thousand dollars for the faithfulof duties-
performance of said duties.
Resolved, That by an arrangement amongst the
members of the Faculty, one, at least, or two mem-Faculty to
take meals at
bers of the Faculty shall take their meals constantly stewd's Hail,
at the Steward's Hall, without being charged board.
Adopted, December 21, 1826.
AN ORDINANCE
To provide for the sale of certain University lands.
Sec. 1. Be it ordained by the Trustees of the
University of the State of Alabama, That it shall
be the duty of the Agent of this Board to cause to^Pnt„t0 sel1
J ii* land, 30 days
be sold, at public auction, all the lands of said Uni- notice to be
versity, which have not been sold, after giving thirty newspapers,
days notice of the time and place of such sale, in
some public newspaper printed near where such
lands may lie, upon the terms of payment now re¬
quired by existing ordinances.
Passed, December 21, 1836.
RESOLUTION
Authorising Examination, &c.
Resolved, That the Faculty have an examination
38
RESOLUTIONS OP THE
S?e?minSnand exhibition at the termination of the summer ses-
o'fihe summers]on an(j| the President and resident Trustee
session. >
be requested to call a meeting of the Trustees oil the
da v which shall be fixed for the commencement of
such examination by the Faculty, -and that it will
Senior class J J 1
examined on be expected that the Senior class, when they are ex-
lege studies, amined for degrees, will be examined on the whole
College course of studies.
Adopted, December 23, 1836.
RESOLUTION
Authorising Stewajd to occupy the buildings, &c.
steward to Resolved, That hereafter the Steward of the Uni-
have ground
free ofrent. to versity be authorised to occupy the buildings and
regTdaUons'ofgardens heretofore occupied by the Steward, free of
the Faculty. renj.. proviqec] sajq Steward shall, in all things,
comply with the regulations of the Faculty and the
■ ordinances of the Trustees, and shall not charge
deiinf $^Sper more than sixteen dollars per month for board of
month. eacja student
Adopted, December 23, 1836.
AN ORDINANCE
Authorising the Agent to receive payments for land in certain cases.
Sec. 1. Be it ordained by the Trustees of the
University of the State of Alabama, That in all
cases in which any of the persons indebted on bonds
for deferred payments, shall fail, or have failed, to
UNIVERSITY OP ALABAMA.
39
pay and discharge their bonds on the days on which
they were, or shall be due, but shall, within three
months hereafter, offer to pay and discharge theA(ront re
same that it shall be the duty of the A^ent to re-reive paynns
* on bonds for
ceive payment of principal and interest up to that d eferred pay-
m6nts«
time, upon their filing with the said Agent their con¬
sent in writing to receive a patent for their purchase, Persons to file
j , • i c ii , • n a release of ac
and executing a release of all actions, or causes of ac-tions for re-
tions, which may have accrued to them by the Uni-^t(fnSit
versity receiving payment for such lands after theyed Jands-
shall have become forfeited.
Passed, December 23, 1836.
AN ORDINANCE
To amend certain Ordinances therein named.
Be it ordained by the President and Trustees of
the University of Alabama, That hereafter the pun-
rr . it i Punishment of
ishment for ouences against the ordinances passed students forof-
20th of November and 23d November, 1835, shall befences*
admonition, dismission, suspension, or suspension with
recommendation of expulsion, at the discretion of
the Faculty—any thing contained in the said ordi¬
nances to the contrary thereof notwithstanding.
Passed, December 23, 1836.
RESOLUTION
To provide for the printing and publishing of the Ordinances of the Board of
Trustees.
Resolved, by the President and Trustees of the
40
RESOLUTIONS OP THE
University of Alabama, That it shall be the duty of
the Secretary of the Board of Trustees, immediate¬
ly after the adjournment of the present session, to
Secretary to J J 1
have -200 po- contract for the printing, with marginal notes, and
pies of ordi- . ^ . *" . r
naneesand re. publishing of tWO hundred COpiCS 01 all 1..C Oft. "
solutions print . , . c . .. , .
ed, &c. nances and resolutions ol a public and general na¬
ture, which have been passed by the Board of Trtis-
taes since the close of their session in January, 1831 ;•
and when so published, to transmit one copy there'
of to each member of the Faculty of the Universi¬
ty—one copy to the President, Agent, and each mem¬
ber of the Board of Trustees—and one copy to each
Judge of the Supreme, Circuit, and County Courts
of this State.
And be it resolved, That it shall he the duty of
the President of the B nrd to issue his warrant up-
Bwdt"divwon ihe Comptroller of Publie Accounts for the amount
on Coniptn.i-wi)jch may be necessary to defray the expense of
ler to pay ex- ^ J . .
penses for printing, publishing, and distributing said ordinances
priming, &c. 1 , .
and resolutions.
Adopted, December 23, 1836.
RESOLUTION
Authorising the Session of the Board to be with open doors.
Resolved, by the President and Trustees, That
Board to sit the deliberations of the Board be held with open
doors.°pen doors, unless in particular cases, where a majority
of the Board shall deem it necessary to sit with
closed doors.
Adopted, July 5, 1837.
UNIVERSITY OF ALABAMA.
41
RESOLUTION
In relation to University iBuildings.
Resolved, That the Committee of University
buildings be instructed to contract with the some
suitable person to take charge of the University p,®rys°Jtoe™ke
buildings, and to repair the same as early as practica-Jarg^ofbuiid
ble; and also to take charge of the grounds, fences,
enclosures, vineyards, &c., and to ornament the
the grounds with suitable shade trees; to repair the
said fences and enclosures, and to prune and other¬
wise improve the vineyards and preserve the groves
of the University,
Adopted, July 13, 1837.
RESOLUTION
Approving the conduct of the Faculty on Suspended Students.
Resolved, That the Board of Trustees of the
, , •/.»!! i , Conduct of Fa
University of Alabama, approve the conduct of thecuity approv-
Faculty in relation to the suspension of the studentsto u-pended
. -i i , students.
in April last.
Resolved further, That the students now suspend¬
ed, be permitted to return, on declaring that they
were not wilfully concerned in any act of violence whichs^peSd
against any member of the Faculty, and subscribing mayst"edt^s to
to the usual terms of admission: provided, that ifcollege,
the Faculty shall be satisfied that such student was
concerned in any such act of violence, he shall not
be admitted.
Adopted, July 14, 1837.
F
42
RESOLUTIONS OF THE
AN ORDINANCE
Fixing the time for the payment of Tuition Fees to the University.
Be it ordained by the President and Trustees of
the University of Alabama, That the Tuition fees
When tuition hereafter to be paid by the students entering the
fees to bepaid. University, shall be paid semi-annually in advance,
or at the commencement of each Session of the Col¬
lege year.
Adopted, July 14, 1837.
RESOLUTION
Relating to the Librarian.
Resolved by the President and Trustees of the
Librarian to University of* Alabama, That the Librarian pro.
booksCata of^em> (^r* Furman,) be authorised and required to
make a catalogue of the books in the Library, ar¬
ranged under the proper heads, and that 500 copies
be printed, and that he make out his account, and
report the same to the Board at their next meeting-
Adopted, July 17, 1837.
RESOLUTION
Fixing the time when the College year commences and terminates.
Resolved, by the President and Trustees of the
University of Alabama, That it is the opinion of this
When college Board that the College year commences and termi-
menrcet0and°ter nates on Wednesday after the first Monday in De-
minate. cember, in each and every year.
Adopted, July 17, 1837.
UNIVERSITY OF ALABAMA.
43
RESOLUTION
Appropriating money for the University Buildings.
Resolved, That the monies appropriated at the last
. , . XT, 1 r . • $1000 the sum
annual meeting1 of this Board, for the repair of appropriated
3t Dec SgS"
the University Buildings, be placed and subject to sion,i836.
the order of the Committee on University buildings.
Adopted, July 17, 1837.
RESOLUTION
Providing for the repair of the College Buildings.
Resolved, by the President and Trustees of the
University of Alabama, That the additional sum of$2000 appro-
two thousand dollars be, and the same is hereby, ap- college build-
propriated for the purpose of repairing the Collegeln§s'
buildings, and enclosing and improving the grounds
the University.
Adopted, July 17, 1837,
TUSCALOOSA, October 26, 1837.
I do certify that the foregoing Ordinances and Resolutions,
are true copies of the originals, passed by the Board of Trus¬
tees, and recorded in the office.
M. D. WILLIAMS, Secretary.
INDEX
TO ORDINANCES AND RESOLUTIONS.
AGENT OF THE BOARD
To furnish list of debts due the University, 25
Grant leases for land 27
Pay money into State Bank 28 & 32
Furnish statement of land sold 29
Report the situation of land and funds 31
Elected annually 32
Present amount of capital stock 33
Make settlement with persons 34
Receive payment for land in certain cases 38 &39
COMMENCEMENTS, &c.
Commencements and Vacations 5
Vacation from 15th July to 15th September 5
When the College commences 42
FACULTY
To enforce by-laws 6
Divide the classes 7
Furnish Trustees with list of students 7
Visit students' rooms 8
Their duty in relation to offences by students 23
Employ a person to keep in order the buildings 26
Require Junior Class to deliver pieces 34
Have examinations at Summer Session 3§
Faculty, theirconduct approved 41
LITERARY
Exe rcises 10
3 visitations daily 10
Scheme of study in Freshman Class 13
Sophomore Class 13
Junior Class 14
Senior Class 14
LIBRARY
Librarian elected annually 28 & 30
Duties of Librarian
400 dollars to purchase books annually gg
To make catalogue of books 42
46
INDEX.
LANDS
Forfeited. 30, 35, & 37
PRESIDENT OF THE UNIVERSITY
To preside at meetings of the Faculty 6
May visit the Classes and Departments --.6
PRINTING
For the Board 26, 27, 39 & 40
PROFESSOR
Of French, Spanish and Modern Languages appointed 25
When the salaries of Professor Woods and Tut-
wiler commenced «. 26
STEWARD
Elected annually. 29
To preserve timber on College land 17
Board fixed at 16 dollars per month 17
SECRETARY
To the Faculty 7
His duties 7 & 23
STUDENTS
How admitted 9
To pay in advance 10, 34 &36
Punishment for carrying fire arms 15 & 39
16 dollars per month for board 17
Their duties prescribed 20
Tuition fees, &c , forty dollars 21
One from each county admitted free from charge 21
Students funds to be deposited 21
Tuition fees paid in advance 42
TRUSTEES
Their annual meeting 5
UNIVERSITY OF ALABAMA
Commenced operation April 18, 1831 27
University buildings 43
1000 dollars appropriated Dec. Session, 1836. 43
2000 dollars appropriated at July Session, 1837 43
THE
AMERICAN MONTHLY MAGAZINE.
vol. vi. SEPTEMBER, 1835. no. i.
PUBLIC INSTRUCTION.
New-England is justly entitled to a large share of the credit of
having given an impulse to the cause of popular education. The early
settlers of that section of our country were fully sensible of the defects
of the English institutions, which they had forsaken. That the schools
of learning and religion were corrupted, and the fairest hopes overthrown
by licentious behaviour in those seminaries, was one amongst the many
causes of their emigration from the old world, and of pledging them¬
selves to the education of their children. In the year 1668 a document
was published, by order of the Government and Council of Massachu¬
setts, and addressed to the elders and ministers of every town ; in which
paper was set forth an earnest desire for the moral and religious instruc¬
tion of the people, and an appeal to those to whom the instrument was
directed, to examine whether the education of youth in the English lan¬
guage was attended to. Prom the time of Mather and his associates,
who laboured zealously in this field of usefulness, to the present period,
New-England has devoted her attention to the promotion of knowledge ;
and in the industry, integrity, and frugality of her children, now behold
the brilliant results of her perseverance. When we consider that the
tide of emigration, which is sweeping before it the forests of the West,
takes its rise in the Eastern section of the United States, and bears upon
its bosom the elements of enrichment — that it is composed in a great
degree of those who have been enabled to obtain the rudiments of learn¬
ing — the first principles of valuable information, ought we not to be
grateful to those who have toiled to render the fountain pure and trans¬
parent 1
The system adopted in the New-England States is that of a general
tax, which is distributed according to the number of children of the par¬
ticular school districts. It is not our intention to give an account of the
particular systems adopted by the several members of that section of the
confederacy; it is sufficient to state that they vary but little from each
other. We give a brief sketch of the plan of one neighbouring State,
Connecticut. The original division in regard to school districts was
vol. vi. t
2
PUBLIC INSTRUCTION.
that of a parochial character; but in the course of time the territorial
division, composed of ecclesiastical societies, gave way, in consequence
of the diversity of religious opinions, to what were termed school socie¬
ties. This division existed as early as 1766. Appropriations were
made from the public treasury to the school fund, in addition to the tax
levied for the support of schools, until the year 1795, when the avails of
certain lands belonging to the State, and amounting to a large sum, were
appropriated to the schools, and the annual product made perpetually
liable to distribution. These lands are known as the Connecticut re¬
serve, and form part of the present State of Ohio. A portion of land
appropriated to the same purpose, situated in the State of New-York,
has been exempted from the operation of a general law requiring the
payment of a tax on certain debts arising out of the sale of lands situa¬
ted in, and belonging to persons residing out of, the State : an exemp¬
tion which may be justly considered as a proper appreciation by the State
of New-York of the value of education, and an evidence of the disposi¬
tion of this enlightened community not to impose the smallest tax upon
knowledge or the distribution of mental light. Every school society in
the State of Connecticut must hold an annual meeting, appoint a clerk,
treasurer, a committee of management, committee for each school dis¬
trict within the limits, and a number (not exceeding nine) of persons to
act as visitors. The districts can levy a tax for the erection or repair of
a school house, and furnishing it with proper accommodations. The
committee of the district, with the approbation of the visitors, who ex¬
amine and approve, can appoint the teacher. The school fund is under
the control of a commissioner, who pays its proceeds to the State trea¬
surer, by whom it is transmitted, semi-annually, to such societies as have
conformed to the law, and in proportion to the number of children be¬
tween the ages of four and sixteen. These societies distribute the
amount amongst the several districts. Under this arrangement, it cannot
. be denied that the schools have flourished, and instruction extended to
that degree, that for a period of sixty years not one ever appeared in the
courts of justice unable to write his name.
Notwithstanding the efforts made on behalf of a general diffusion of
the elements of knowledge throughout this country, it was supposed
that, not long since, in the States south and west of New-York and New
Jersey, 1,400,000 children were wholly without the means of instruction.
The announcement of this fact is sufficient, we should imagine, to arouse
the most profound attention of, and create the deepest anxiety in the
bosom of, every philanthropist. The necessity of educating the people
of a free government is admitted on every side ; and yet, through a cul¬
pable inertness on the part of those whose duty it is to move forward in
this momentous subject, an immense portion of those into whose hands
the destinies of this last sanctuary of freedom must be delivered, is left
in total darkness, and wholly unacquainted with the information necessary
PUBLIC INSTRUCTION. 3
to the formation of valuable citizens. The cause of freedom — the tran¬
quillity of our country — the present happiness and future prosperity of
millions demand activity, and exhort the people of the United States to
unite in " a crusade against ignorance — a crusade in which every true
knight who rallies under the holy standard, can lay the flattering unction
to his heart that he is the champion of the cause of truth, and of the dis-
enthralment of the human mind from the most debasing species of ser¬
vitude. Let the watchword be in the ever-vigilant camp of the faithful —
Liberty and Education.
The spirit of improvement, armed with unyielding perseverance, has
invaded the nations of Europe, and aroused their governments to assist
in the promotion of the education of the people. We are not aware of
the character of the instruction given by many of the despotic regencies;
but nevertheless it is gratifying to every liberal mind to learn, that even
the rudiments are imparted to the great mass of the population. The
rulers may for a time cramp the energies of their subjects — they may
endeavour to direct the impressions and feelings of children towards the
particular form of government under which they may be educated; but
if they place in the hands of the people the instruments whereby they
can obtain a knowledge of their rights, sooner or later they will be en¬
abled to acquire them. An educated people is armed with the strength
of Briarius. A single ray of light may be sufficient to disclose to the
oppressed (as to the prisoner of Chillon) the horror of his dungeon, and
at the same time to develope the means of obtaining relief from bondage.
Gloomy crypts of the huge pile of misgovernment rise before us,
massy and gray,
Dim with a dull imprisoned ray,
A sunbeam, which hath lost its way,
And through the crevice and the cleft
Of the thick walls, is fallen and left
Creeping o'er the floor so damp,
Like a marsh's meteor lamp.
Austria obliges every person having charge of children between the
ages of 6 and 12, to send them to school. Strict examination is made
as to the number of children; the poor are provided with books. Cor¬
poral or any degrading punishments are excluded from the discipline of
the schools. In Switzerland education is regulated by a council of in¬
struction appointed by the government. The funds whereby the schools
are sustained are supplied in part by the pupils, and the residue by the
public treasury. Institutions for the preparation of teachers have been
established in several cantons, and under the guidance of men of great
literary acquirements.
How refreshing must it be to witness, in those very countries where
oppression builds her regumque turres, her stately palaces, and founds
her strong holds, to observe intelligence finding its way into the pau-
4
PUBLIC INSTRUCTION.
perum tabernas ! However revolting to our feelings may be the form of
government, we cannot but admire the philanthropic spirit with which
their subjects, as respects education, are regarded.
Among the many systems of education which are in operation, none
has attracted the attention of the civilized world more than the Prussian.
In a country in which government is considered but the means of
making the many subservient to the few, where we might suppose that
despotism could not exist with a high degree of intelligence diffused
throughout the great body of the people, it cannot but be a matter of sur¬
prise to witness the great pains exerted in favour of education; and to learn
that the Prussian government can say that " there does not exist a single
human being, throughout that monarchy, who does not receive an educa¬
tion sufficient for the moral and intellectual wants of the laborious
classes and yet, according to Mr. Cousin, this is an incontestible fact.
To the inquiring mind, the means whereby such a wonderful result has
been produced, must be interesting. To France the civilized world is
indebted for a full account of the admirable system of Prussia. Victor
Cousin, distinguished as a statesman, a philosopher, and a scholar, was
appointed in the year 1831 to visit the schools of Prussia. After a full
examination, he reported to the minister of public instruction the result
of his investigations. The portion of his report relating to primary in¬
struction has been translated into English, and presents in detail a course
of instruction calculated to elevate the character of the people amongst
whom it prevails, and to furnish an example worthy of imitation. There
are many points in the Prussian system which could never he followed
?n this country. Separated as religion has most wisely been from the
affairs of state, the connection of public instruction with religion would
never be tolerated. Moreover, in this State, the compulsory system of
Prussia would not be submitted to. A law compelling, under certain
penalties, parents to send their children to school, would not be sustained.
Fas ah hoste doceri is in general sound doctrine. We would not, how¬
ever, follow the course of Prussia blindly ; but we desire to see adopted
the outlines of that system which is operating throughout a large popu¬
lation, and in its remotest ramifications, with perfect regularity. We
admire the parental solicitude of government; but we should not de¬
sire to see it carried too far. We need no compulsory power. First
arouse public opinion to the necessity of the education of children — let
the instruction of a child be considered the paramount duty of a good
citizen, and then public sentiment will act much more powerfully to
produce the results desired than the staff of the officer of the police.
Public opinion is the best balance-wheel of the machinery of a society
constituted as that is in which we live. It must be by promulgating
amongst the people the sentiment of the necessity of education — by
arousing their attention to its value — by demonstrating its beneficial
results, as not only the best check on the increase of crime, the preven-
fire island ana.
5
tlon of pauperism, but also the promoter of public order and private
happiness — that we can hope to have education generally diffused. So
soon as the people are convinced, we shall have the brilliant object which
all should desire to be effected. To produce great results must be the
work of time. The past labours of the people are the best evidences of
their devotion to the advancement of learning, and give great hope that
the system of education will be laid with a broad and deep foundation,
on which the pyramid of the republic's glory and security may rise, and
remain an imperishable monument of the wisdom of her statesmen.
FIRE ISLAND ANA.
NED LOCUS' JOURNEY TO THE LANJAN EMPIRE.
" If any man woulde blame me, eyther for takynge such a matter in hande, or els
for writing it in the Englysh tongue, this answere I maye make hym, that what the
best of the realme thinke it honeste for them to use, I, one of the meanest sorte, ought
not to suppose it vile for me to write: and though to have written it in an other
tonge, had bene both more profitable for my study, and also more honest for my name,
yet I can thinke n»y labour wel bestowed, yf wt a litle hynderaunce of my profyt and
name, may come any fourtheraunce to the pleasure or commoditie of the gentlemen
and yeomen of England, for whose sake I took this matter in hand."
Roger Ascham.
Even thus, apologised the venerable preceptor of England's virgin
queen, when he gave to " all gentlemen and yomen of Englande, plea-
saunte for theyr pastyme to rede, and profitable for theyr use to folow,"
that precious birth of " Toxophilus, the schole of shootinge conteyned in
two bookes." Glorious old Roger! my master — my father — my
friend — my patron saint! Thy pupil and worshiper is redeemed from
the guilt of " idlenesse and levitie," by the gracious authority of thy pre¬
cept and example. Roger, be with me! Rogere, ut mihi faveas, adju-
torque sis, rogo, obsecro !
On the evening succeeding the night when Ned's travels met with the
ignominious punctuation, which has been set forth in a foregoing chap¬
ter, we were all assembled around the cheerful fire, relating our sports
and various adventures of the day. Ned was in good humour with him¬
self and every body else, for his sport had been eminently triumphant.
Oliver and I had killed only some twenty coot, and a beach fox ; while he
and one of the boys brought in fifty-four brant, seven geese, five widgeons,
three oldwives, a cormorant, and a white owl. Ned gave us a full ac¬
count of his captivity and sufferings among the Pawnee Picks, and Daniel
rehearsed, with much grace and unction, his yarns about pirates Hal-
stead, Conklin, and Jones. Fatigue and sleep at last succeeded in
making us yawn, and as I had engaged Bill Luff to go with me to " the
middle ground" next morning, early, to lie in a battery, I proposed that
we should " shut up shop," and go to bed.
6
FIRE ISLAND ANA.
"Won't the tide sarve for Mr. Locus to reach to the Lanjan Empire
to-night?" asked Long John of me, stretching out his immense isthmus
of neck, and putting on a most ludicrously quizzical character of phiz.
" I reckon'ts high water naaw, and his ship can scratch over the bars,
likely, 'bout this time."
" It's my 'pinion he ruther smashed her last night," said Dan: " I
shouldn't be 'sprised if Mr. Cypress was to say he see small piece o' th'
wrack himself."
" Let him keel her up and get the water out o' her, and set her afloat
agen." «
" It's no use. She's got a smart hole into her, and she's pretty much
water-logged, I sh'd say."
" Let 'im take out some th' cargo, and she'll go. He'd only got too
much freight into her, that's all: and she was loaded ruther bad, 'corden
to my notion."
" You're right, John," said I. " Good. Ned, take out Julia Kleoka-
trinka, and you'll float."
" Take out all the women, Neddy, and thee can steer thy vessel with
better success," advised our model of modesty, Oliver.
"No, no. Leave in the dancen gals," cried Yenus. "Gals never
spiled a sailen party yet, I know it."
" Well boys, make up your minds," said Ned, " whether you want one
to start or not. You don't, to be sure, deserve to have a single sentence
more of that journey, and I declare to you, I would not go on with the
recital of my various and singular adventures'upon the voyage, but that
I want to tell you a short yarn about our minister for Africa, and a cer¬
tain American gentleman, that is, one who called himself such, but who
was most unworthy of the name, — a great man, in his own opinion,
with whom I met at Gondar, the capital of Abyssinia."
" Julius Cassar," pleaded I; " Ned, where the devil are you travelling ?"
" Travelling ? Where I actually went: down the Red Sea, through
the Straits of Babelmandel, and so around, by Ceylon and the Straits of
Malacca, to the Lanjan Empire, stopping on the road, now and then, to
have a fight or a frolic."
" Prepare for grief, boys," said I, in deep despondence, tumbling back
upon the straw. " You've got into a scrape by urging your last petition.
He'll talk to the end of next week. Good night."
"No, my sweet boy, you don't escape in that way," replied Ned,
pulling me up with a grip which I was fain to obey: " you have contri¬
buted more than any one else to fit out this expedition, and I swear you
shall have your share of the proceeds."
" Don't trouble yourself about the returns now. I'll settle with you,
as ship's husband and supercargo, when you get back. Good bye. A
pleasant voyage to you."
FIRE ISLAND ANA.
7
"No, no. Come back: come back. A press-gang has got hold of
you. You must go with me."
" Don't: don't ship me, Ned: I'm not an able seaman. I can neither
reef nor steer."
" Make him steward's mate, Mr. Locus," said Dan, with a malicious
grin. " He can bile coffee, and mix liquor for you, when your throat
gits hoarse callen to th' crew."
" I'll do it, Dan. Cypress, you are hereby appointed steward's mate
of the felucca " Shiras Suez." Look to your duty. There is your pay
in advance, and here — (filling my champagne glass) — is money to fur¬
nish supplies to Mecca."
Resistance was in vain. I was duly installed. "Now, Ned, what
do you want ?"
" A very light duty, Cypress. Your ears, and occasional tongue. I
know my course, but I forget the name of the man whom I want to glo¬
rify. What is it?"
" How, in the name of all the Mahometan saints, should I know ?"
" Repeat me those lines of Anacreon which we used to sing and mum¬
ble in school, when we were ' making believe' study."
" How can that help you? Do you mean ' 0sXw Xsysiv.' "
"Yes: yes. That is it —
' ©sXw Xsysiv A<rpEiSctg
' ©sXw Ss KocfJfjwv a8etv' —-
I wish to sing of Cadmus. I want to tell you, boys, about Mr. Aga¬
memnon Hermanus Spinosus Cadmus. Did you ever know him, Cy¬
press ?"
" 0, perfectly well," replied I, thinking to bother Ned. " He was a
descendant of Longoboos, one of the sons of Atreus, whose name, by
the by, I perceive, is omitted in Charles Anthon's last, otherwise unex¬
ceptionable, edition of Lempriere. He was a regularly born boy, never¬
theless, and he possessed a decidedly more dignified disposition and
deportment than his brothers Menelaus, and Agamemnon."
" Many laws? d n him," cried Yenus. "He was in favour of
plenty of banks, and legislaten, I 'spose."
"Historians differ upon that point, Yenus. He was a brave fellow,
at all events. Lactantius records, in his ' de ira divina,' that Menelaus
and Agamemnon, instead of being kings, were most distinct democrats ;
men who had rather eat a plain republican bowl of bread and milk with
an honest farmer, than to be clothed in scarlet and fine linen, and sit
within the blessed sound of the divine action of royal grinders. The
other youth, on the contrary, he says, was against universal suffrage, and
in favour of the doctrine that no man can love his country, or feel an in¬
terest in her welfare, unless he has got plenty of money."
8
FIRE ISLAND ANA.
" D n him! then, 'stead o' t'other fellow," interposed the repub¬
lican critic again.
"His practice," I continued, not taking notice of the interruption,
" followed out his principles. He contrived to get appointed a Colonel
in the militia, and then started to travel in foreign parts. He drove into
Corinth a coach and six, with outriders, spending his money, all the way,
with the profusion of a prince. Lais was at this time in the full blow of
her glory. Cadmus bought off Alcibiades for a hundred thousand
drachmas, and set her up in the most magnificent style. It was in refe¬
rence to him that Diogenes, the Cynic, perpetrated that jealous snarl,
' non cuivis homini contingit adire Corinthum.' "
" Mr. Locus," said Dan, " I'm 'feard the steward's mate's taken com¬
mand o' th' ship, and he's sarven out his darned Latin 'stead o' th' regler
ship's allowance."
" Cypress, I've been thinking you might as well tell the story your^
self. You seem to know all about it."
" No, no. I beg pardon, Ned. Go on, go on. I was only helping
hoist sail, and throw off."
"Well, boys, now stop this deviltry, and I'll start. Where did I leave'
off, last night1?"
" You stopped when you got 'sleep in Julia Kle — ere — kle— ere—"
" Kleokatrinka's lap," finished I.
" No, that was the Siberian puppy dog," said Ned.
"What's the odds what country the puppy belonged to?" inquired
Raynor, chuckling, and who knew that a fair hit was always welcome,
come when, and come upon whom, it might.
"It must have been yourself, Ned," said I. "You like to take your
comfort —■
' ai yaksai p-aXaxwg- xp^tfJovri /xa xaAvsv.'*
* Theoc. In idyl, entit. " Syracusian ladies dressing to go to a blow out."—Prover-
bium est quo utitur Proxinoe de ancilla Eunoe, Gorgonem alloquens. [Eunoe was
doubtlessan Irish damsel. Spelt,morecorrrctly, " You-know-her.—Noah Webster.]
Doctissimus Toupius sic optime reddit: the cat likes fish, but is afraid to wet her feet.
" Guod salsum," inquit, — (it was no joke for Ned, in this instance, and the translation
is, in my opinion, absurd) —et ad Eunoam referendum, hominem mollem, delicatulam,
otio atque inertias deditam. [Epist. ad Warb. p. 33—plura vide in notas in Theoc.]
Mihi quidem, Hercle, non fit verisimile. Ratione multo magis prcedita Thomaft
Little explicatio videtur —
" Turn to me, love, the morning rays
" Are beaming o'er thy beauteous face:"
Et, ut poetice illustrat scholiastes eximius Doctor Drake,
" The heart that riots in possession's drearri
" But feasts on his own decay,
" As the snow wreath welcomes the sun's warm beam,
"And smiles as it melts away."
[Fitzius Viridis Halleck comment]
" These explications like us not," say the Committee " on Greek mysteries" of the
Historical Society, in their last semi-annual report, " we own, most experienced and
judicious gentlemen, members component of our body, who are cognisant of the na¬
ture of cats, and likewise of the best places for taking comfort The judgment of your
FIRE ISLAND ANA.
9
"Raynor," sung out Ned, getting a little vexed, "I wish you would
line that young gentleman. What was the punishment we determined
to inflict upon him the next time he quoted Heathen languages wrongly,
or inappositely ?"
"A basket of champagne. Shall I have to send one of the boys
across to Islip, or Jim Smith's, to-morrow morning?"
" Yes, either for him or me, for I make a complaint against him.
Summon the Court of Dover, strait off. Crier! Peter! call the Court!"
" It will take too long, Ned," said I. " I'll leave it to Venus and Pe¬
ter. They shall be the court, with full powers. Each man state his
case, and we'll be bound by their judgment."
" Done," answered Ned. " We'll waive the installation and ceremony
of opening. — Gentlemen of the Court, we were talking of dogs; and
I say that to make a quotation about cats, and apply it to the more no¬
ble canine tribe, is supremely inappropriate, not to say highly ridiculous."
" That stands to reason, — seems to me," said Venus.
" Now, your Honours, the culprit whom I have charged, has bored
us with a pretended illustration of his weak wit, from a dissolute pagan
named Theocritus — I remember him well, fori was compelled, once
on a season, to be familiar with him; — and he has substituted the effemi¬
nacy of lazy cats, for the sensibly drowsiness of high-spirited, hard-work¬
ing pointers. ' raXstai' means ' cats.'"
" I should think it meant' gals,' " cried out one of the boys. " Mr.
Cypress, you're safe. You'll have Venus on your side."
" Order, order in the Court," cried the crier Judge.
" May it please your Honours, that is the whole of my case, and I
will conclude by expressing the most exalted confidence in the wisdom,
discrimination, learning, and sense of justice of this most reverend and
respectable tribunal."
Alexander Africanus Maximus, President of "the Universal Court
of Dover of the whole world," (surnamed Aleck Niger, from his suc¬
cessful exploration of the sources of that black-region river, as well
as of divers other more mixed fluids,) could not have made a better
speech, even if he had had the immortal George, George the First in the
republic, to prompt him. But I did not despair. I happened to know
that it was not always rowing straight ahead that wins a race, or that
talking sense and truth always gains a cause. Judges and juries, in
spite of their affectation of stern, solemn, unfluctuating purpose, are like
the tides. They have their currents, and eddies, and under-currents.
There is a moon in law and morals, as well as a moon in physics. I
blame not the tides, nor do I condemn the courts. — "I tax not you, ye
Elements, with injustice." — They are both, I trust, insensible to, and
committee, after much practice and comparison of notes, is, that the poet simply in¬
tended to say that cats love to sleep ' in pleasant places,' and that the most bucolical
Syracusian had none otlici, covert or concealed phantasy." [Ni Y. Hist. Soc. mem.
Cur. 1832.]—"De hac re dubito." f Peter.] "Judge ye." {Excusoris diabolus.]
vol. vi. 2
10
FIRE ISLAND ANA.
innocent of, the influence which makes them swell and fall. But, as
Peter once said, in one of his happy momonts, " the tides owns the
moon, and men's judges, and judges is men, and they know who can
give 'em a lift best." I had been told, moreover, that many a cause
was determined upon some incidental or collateral point, that had nothing
to do, in reality, with the merits of the case.
" May it please the Court," I began; " or may it displease the Court,
just as their omnipotence pleases." There I was one point ahead of
Ned, in the Court of Dover; for that court always respects an impu¬
dent compliment. " I am accused of making an irreverend abduction
from the discourses of a most exemplary fisherman."
"Fisherman!" cried both the Judges simultaneously. "Was he a
fisherman 1"
" Most distinctly, may it please the Court," I replied.
"That alters the case; brother Venus, don't you think so?" said
Judge Peter, turning to his learned coadjutor.
" It makes a smart deal o' difference, I sh'd say," responded the
worthy associate. " But 'spose he only fished for flounders and eels,
and sich ; would'nt it make no odds ?"
" Have my doubts, brother."
"It is false," cried Ned, hard to be restrained. "Theocritus ne¬
ver "
"Silence — silence," thundered the Judges." "The court never
doubts when it's indifferent. Mr. Locus, you're fined drinks all 'round,
and a paper o' tobacco, for disrespect to the joined-issued tribunals o'
your country. Proceed, Mr. Cypress."
" Your Honours will perceive that my accuser has other objects in
view than the mere unjust persecution of my humble self. But I will
not refer to them. The whole case may be thus succinctly and suc¬
cessfully defend d. I am charged with making an in-apposite quota¬
tion, contrary to the statutes of the Beach. I spoke of cats. Now,
your Honours, are not cats four-legged animals? I appeal to the
Court's own sense of justice and physical fitness. "
" He talks like a book, brother Peter."
" Then here," (holding up the fox I had shot, and who was my junior
counsel on the argument,) " has not this fox four legs ?"
" A'nt one o' them fore legs shot off?" asked Judge Peter, duhitans.
" No, your Honour, it is only a little crippled. Now we all know,
and there needs no argument to prove, that a dog runs on four feet: and
so a cat is like a fox, and a dog is like a fox, and things that are equal
to the same are equal to one another; and so a cat is a dog, and a dog
is a cat; and so, your Honours, I trust I have established my defence,
and that I have not misused words, and that Mr. Locus must pay for
the champagne."
" Them's my sentiments, brother Venus. Things what's like is sar-
FIRE ISLAND ANA.
11
tenly like, and them what's the same must be the same, nor they can't
be no otherwise, as I can fix it."
" I coincide with the last speaker," pronounced Venus. " Peter, who
is Chief Justice ?"
" I am. No: you be. Go ahead. Stick it on."
" Respected fellow-citizens, and criminals in general: the judgment
o' this expiscious court is that the fines agin Mr. Locus, already ex¬
pounded, stands good, and he pays the champagne. As for th' rest o'
th' company, (extracten the Judges, who is not liable to human frailty,)
they'll pay a small glass to each o' the Judges a piece when they get
'shore, on 'count not making disturbance, so as to give the Court a
chance to show the magnitude o' its justice, and the power thereof; and
the defendant will stand over 'till the next meeten o' th' court. Zoph,
be crier. Crier, 'journ the Court."
TO
Weep on—weep on—we wail the dead:
Now by those humid lids I swear,
For every tear of woe they shed,
My heart shall bleed a drop as dear.
Oh! torture's last convulsive sigh!
Oh ! all the pangs that wring the brow,
When souls of guilt despairing die,
Were heaven to what I suffer now.
Nay, look not thus—wert thou but blest,
Erect and calm my soul could bear,
To prison, in this aching breast,
The writhings of its own despair.
The flame that sears my burning brain
Should never force one stifled groan,
So I might take thy load of pain,
And bear its weary weight alone.
Yet when in calm and sullen gloom
Oblivion's waveless stream shall roll,
A sun shall beam beyond the tomb,
To light the hope-abandon'd soul.
Soon may that orb of peace arise,
That we may seek a purer sphere,
And taste that bliss in purer skies,
By man and fate denied us here.
1-2
EXTRACTS FROM THE JOURNAL OF A MEXICAN TOURIST
sumber four.
We laid ourselves down in our places, (at Ojo del Agua,) and made
our arrangements, as well as we could among so much discomfort, to
be comfortable ; or, if not, to fall asleep and forget it. Mr. Grimes,
the Major, and William wefe soon sound asleep accordingly. De
Schuchareff, at the upper end of the room, was still arranging his car¬
pet bag, which would not take, with all his labour, the exact shape and
softness of a pillow ; and I lay near the door, with my head to the wall,
ruminating on the loss of my supper, for my appetite was only half satis¬
fied. The same subject apparently occupied Sir John; he sat on the edge
of the board that was to serve him for a bed, and having taken his left foot
into his lap, he rested his right elbow upon it, and then his head on his right
hand, and was as still as a statue. One feeble candle, — a mere greased
yarn, all wick, — made these things darkly visible. The snoring of the
sleepers, like an approaching torrent, was increasing upon our ears, and
stimulating my impatience to get asleep too and be out of its reach,
when an interruption occurred that put that consummation farther from
probability than ever. The door of our room was quietly pushed open,
and there entered a soldier of the guard stationed here, and an Indian
girl of not more than fifteen or sixteen years of age, and quite pretty;
the soldier said she was his sister, and that they had come to make us a
visit. De Schuchareff came forward at once to do the honours, as he
flattered himself he spoke Spanish, which Sir John did not pretend to
do; and as the whole groupe arranged themselves just at my feet, as I
lay, I had the benefit of their attempts at conversation. What they said,
or how they expressed themselves, I will not attempt to relate ; it was
one of those dialogues which it is morally impossible to remember,
though they are vastly diverting when they pass; but at last De
Schuchareff and the soldier retired to the upper end of the room, leaving
Sir John and his fair companion tete a tete; and here, in the utter default
of language, the place of words was supplied by signs, and the pair would
have appeared, to an uninformed looker on, to be engaged in fencing
without foils, or boxing to slow music, the defensive part being taken by
the quiet little Indian, whose share of the conversation, if expressed in
words, would have merely been " hands off!" The soldier, meanwhile,
seemed to be asking De Schuchareff for money. I do not know whether
he got any, but pretty soon they left the room together, and a minute af¬
terwards the belle sauvage and her inamorato did the same. What fol¬
lowed I have never been able rightly to comprehend: it seems the girl
EXTRACTS FROM THE JOURNAL OF A MEXICAN TOURIST. 13
ran away from our friend Sir John, who, instead of giving himself the
trouble to run after her, sent De SchucharefT, who persuaded her to re¬
turn ; but she shortly bolted again and went into the kitchen, where Sir
John following, was called to account by another pretended brother, who
bullied him roundly for attempting familiarities with his sister. Sir John,
who only half understood what the fellow said, looked round him in
some surprise for an explanation; but seeing the people all laughing,
women and children inclusive, and the place was full, he very wisely
laughed too, and turned on his heel. He came back to our room, fol¬
lowed by the prince, and the latter assured him he ought not to have
suffered himself to be crowed over in that way ; to which Sir John re¬
plied, that the girl seemed a pretty girl enough, but that half an hour's
peeping into her pretty eyes was not a privilege worth having, if he could
not enjoy it peaceably. I fell asleep while this argument was going on.
But what made it all a little more ridiculous next day was, that when
we were three or four leagues from Ojo del Agua, our muleteers told us
that the pretended girl was a boy disguised, and that the whole scene
was got up to play off upon us.
We were up early next morning, and down at the spring to wash
ourselves — any preparation or accommodations for this purpose in
doors, would have been quite beyond the civilization of Ojo del Agua.
The sergeant of the guard stationed here, named to us a village in the
neighbourhood, where he said were thirty men living who were perfectly
well known to subsist by robbery—no one molesting them. Others
had told us something of the same sort. We asked the sergeant why
he did not attack them, but he shrugged his shoulders and said,—
" We are only eight." The truth is, the sympathies of the whole popu¬
lation here are with the robbers, and I imagine there are few men living
along this road who do not sometimes commit robberies themselves.
They may talk to you about thirty men that live in one village, as if
those were delinquents and all the rest very innocent: the object is, of
course, to give you the idea that some are robbers and some not; but
they are all robbers together. Their priests stir them up against all
foreigners and heretics, and they believe that they may conscientiously
plunder and kill them — which they practise as often as they find an in¬
ducement.
We went on to breakfast at Nopaluca, about four miles from Ojo del
Agua, a village which, from a distance, looks imposing and considera¬
ble, but it consists, in fact, chiefly of a great cathedral and some exten¬
sive old convents. The architecture of the church is of the sort most
common in the country, fantastic but tasteful; the dome is ribbed and
pointed, like an open umbrella, but more spherical, that is, not so flat;
and along the ribs are ornamental crosses and loops, formed with tiles of
various colours, the rest of the roof being red. A similar taste prevails
in the ornaments of the body of the building. The approach to this vil-
14 EXTRACTS PROM THE JOURNAL OF A MEXICAN TOURIST.
iage is through flourishing plantations of maguays, and a good many
melons and mameys. The open grounds in the neighbourhood are gene¬
rally under cultivation, and the country is more undulating and varied
than what we had lately been traversing. As we approached the inn, we
saw a person who very strikingly resembled our talkative Spanish friend
of the coupe gorge, and it was a circumstance that showed on how sharp
a look-out we were, that the resemblance deceived us all, and that the
same idea occurred to us all, that that man's appearance there boded us
no good. It was a false alarm. We entered the inn, which was kept,
Pedro told us, by the wife of his master, our friend Don Diego, whom
she was now gone to visit at Xalapa. There was a woman, of the pre¬
vailing copper colour, and of about fifty years of age, invested with the
superintendence pro tem. She received us hospitably, and provided us
something better for breakfast than our fare of the last two days; and we
were in a condition to appreciate and enjoy it. We had the benefit also
of a good deal of our hostess's company and conversation, the subject of
the latter being, of course, the never-failing robbers ; and, in the midst of
the discussion, she pulled the ramrod out of the gun of the person nearest
to her, and tried the barrel with it to see if it was charged. It was so,
and pretty well charged. She measured the depth with four fingers,
like a regular sportsman, and made a grimace of intelligence that showed
that she perfectly took the idea. We passed on from hence through a
country constantly improving, and much beautiful scenery, with very
little appearance of cultivation however, except here and there, round the
little villages. In one of these, which presented a very pretty aspect as
we approached it, we met a reception which made us reflect that rural
simplicity may be a vastly pleasing thing in the hands of a poet, but it is
capable of being horridly perverted and brutalized in those of a priest.
The inhabitants of this village were all at their doors to see us pass, and
at every door they greeted us with torrents of abuse. Some cried Ingleses,
some Hereges, some yelled with scornful laughter, and all pointed at us
with all their fingers; but the prevailing cry, the word that was oftenest
distinguishable, was " diablos" — devils. In one cottage there was a fat
woman of about sixty, sitting on the threshold, and grouped around her
were as many as seven or eight women and children, of all ages, dis¬
posed so as to bring all their heads into a cluster, and all grinning and
pointing together, and shouting as fast as their tongues could possibly
flutter, " diablos," " diablos."
We saw Puebla at a great distance in this clear atmosphere, and sup¬
posing ourselves to be much nearer to it than we were, we held a coun¬
cil of war on the question of delaying a little on the road so as to enter
the town by night. The proposition was negatived, notwithstanding that
it was stoutly supported by the muleteers, who evidently did not like to
be seen in the town in our company. We therefore pushed on, but only
arrived at the gates about sundown, and passed in, after a moment's de-
EXTRACTS FROM THE JOURNAL OF A MEXICAN TOURIST.
15
lay only to look at our passports, the custom-house officer declining to
molest our baggage. But when we came to the guard house, which
unfortunately lay in our way to the hotel, a soldier came out and de¬
manded our " licencia de armas" — our license to carry arms; and as
we had none, he demanded the arms themselves, which of course we
objected to giving up. The soldier was positive and we obstinate; a
dispute of course arose, and of course a crowd gathered round us, and
of course again, in this rascally place stones began to be thrown among
us. Mr. Grimes was hit on the arm, and a good deal hurt; one or two
ofhers of us were hit; and finding at last that we were not getting the bet¬
ter of the argument, and that we were getting the worst of the delay, we
gave up the guns and left De Schuchareff to take care of them, and the
rest of us went on to the inn, the Posada de la Diligencia, where we had
a huge apartment assigned to us for bed-room, and parlour, and dining-
room, to which last use we desired it might be applied forthwith. While
the preparations were making, our friend, the prince, arrived, followed by
a soldier, who brought us all our guns; our friend had found out the
captain of the guard, and had claimed military brotherhood with him, and
flattered him up so well, that he let him have his own way about the guns,
waving the question of the license, and only stipulating that the soldier
who carried the things home should be paid for his trouble. To this, of
course, the prince acceded, but with a good deal of secret ire and con¬
tempt ; it was so unofficer-like, so unsoldier-like, and last, and in his
opinion, least, so ungentleman-like. Of course we should pay the man,
but that his officer should stipulate it, it was a scandal to all the feathers
and epaulettes in the world. When we had sufficiently talked this over,
and had finished our dinner or supper, we began to think about going to
bed; two or three coats were thrown off in different parts of the room,
which had six beds, and two or three night-caps were produced, when we
heard in the streets the jingling of a little bell, accompanied by snatches
of psalmody from the cracked and unharmonious voices of half a dozen
boys, and we knew at once that the "Host"* was approaching, and
likely to pass by our window. We recollected at once all the stories
we had heard of people being murdered for not showing this piece of
superstition sufficient reverence; we connected them all with the lapi-
dation we had just escaped from, and in a most un-Saint-Stephen-like
determination of avoiding martyrdom if possible, we hastened to comply
with what we supposed were the regular forms, in such case indispensa¬
ble. We carried all the lights in our room to the window, which opened
on to a balcony like a door, and in the balcony, and on its threshold, we
* Perhaps every one may not know that the "Host" is the consecrated wafer of the
sacrament, which the priests carry, in case of extreme illness, to the houses of the sick.
Now, as the Catholic priests maintain that this wafer is the real presence of God, they
exact reverence for it accordingly where they have power; and in bigotted countries
it goes through the streets followed by a procession, and every body must kneel that
comes in its way.
16 EXTRACTS FROM THE JOURNAL OF A MEXICAN TOURIST.
grouped ourselves upon our knees, composing our countenances to an
orthodox expression, under which every one was secretly cackling at the
ridiculous appearance of the rest. I was behind all the others, and
as we looked round us to the neighbouring houses for models of our de¬
votion, we kept our places, as did every body we saw, till the procession
turned a corner or was out of sight and hearing. This took a long
time ; I was tired out, but at last, looking behind me, I saw one of the
attendants of the house, who had come into our room and was standing
to observe our zealous genuflection with an expression on his face of
some surprise, and as I saw he did not think it necessary to kneel, I
sprang to my feet. We had copied the people in the opposite windows
long enough, and now, seeing a better example, it was immediately fol¬
lowed, for in fact we were in rather a pretty position for independent
thinking men, and a pretty while we had kept it. Half an hour after¬
wards the Host came back, but we treated it more cavalierly. The
fact is, you are expected to show a light in the window of every room in
your house where there is a light at all, and if you appear, you must
kneel while the procession passes, as you must if you meet it in the
street; but if you choose to run away from it now, there is no danger in
doing so, though formerly a foreigner was likely to be attacked if ho
seemed to be trying to avoid it.
Next morning we rose early, and I went with Sir John to find a bath.
One or two little stones were thrown at us, and once I was hit by one,
but not hurt. The baths were good, and for flesh-brushes they gave us
clean handfuls of maguey fibre, which answered the purpose very well.
We determined at breakfast to go to Cholula, three leagues distant,
where there is a teocalli, or Indian pyramid; but we were told terrific
stories of the Cholula people, who were represented as being worse and
more ferocious than those of Puebla, and more prejudiced against foreign¬
ers. Our landlady said a German painter had been near being killed
there a few days before : he had attempted to sketch the pyramid, and
being interrupted by a mob, whose questions he could not understand,
they pressed so hard upon him, that he was forced to take refuge in the
monastery, defending himself as he retreated with a knife he had bor¬
rowed of the narrator to cut his pencil with. This seemed awful, but
still we thought a mob that could be kept at bay with a penknife, could
not be so very fierce ; and though we dared not carry our arms, having
as yet not got the necessary " ficencia," we ordered horses and a guide
to be prepared for us at twelve o'clock, and went to walk over the town.
The first object to be seen was the cathedral, a building in the pre¬
vailing Morisco taste, with round heavy arches and square towers of
open work, rather high and small. The body of the church is of vast
size, and the richness of the interior astonishing. There is a choir of
carven oak, in the style of those at York and Canterbury, and a pulpit
of inlaid work of many-coloured marbles and rare stones, beautifully
EXTRACTS FROM T1IE JOURNAL OF A MEXICAN TOURIST, 17
polished, the whole overloaded with rich ornaments of gold and silver,
and said to have cost $600,000. The great chandelier in the central
nave is valued at $150,000; and behind the pulpit is an alcove, or re¬
cess, or chapel, of the same heighth as the body of the church, and full
of gaudy luxury of expense, pictures of saints and holy families, and
niches for images between curious carved and twisted columns, quite
up to the ceiling, which is painted with what appears to be a panorama of
Heaven and its inhabitants. At the opposite end of the church, beyond
the choir, all is plain freestone and severe simplicity ; the solemn arches
and faint light contrasted studiously, and not without effect, with the
flutter, and paint, and tinsel of the pulpit and alcove. A wax figure of
a saint, the size of life, lay in a glass case near a door, and above it
were strung quantities of legs and arms, heads, feet, &c., in wax, also in
miniature, ex voto offerings, no doubt, for miraculous cures performed by
this saint's intercession on similar members.
Before the cathedral is a great square, with piazzas, or portals as they
are called here, and shops; their contents were tawdry and tinsel, but
nothing very curious, only it was worthy of remark that every article
exhibited presented the combination of meanness of material with all
possible feclat and pretension in fashion and ornament. We went hence
to see Don Josd Lang, a banker, for whom one of us had a letter to re¬
quest him to obtain for us the much talked of " licencia de las armas."
He assured us that, as we were going on in the diligence,' it would not be
necessary; however, he undertook, as we insisted on having it, to obtain
it for us. He was making up a remittance for Yera Cruz, to go by a
conducta which was shortly expected to pass through Puebla from Mexi¬
co ; and about $25,000 in silver lay on his counting-house floor in bags,
directed to different houses at Y. C., and we heard the dollars jingling
in the next apartment as if large sums were telling over there. The
conducta would go on, he told us, with about $1,000,000, and a guard
of 150 or 200 soldiers. These are supplied by the Government, whom
the conductores or carriers pay for it; and the owners of the specie have
no concern in the matter further than to pay a stipulated freight. There
goes from Mexico usually about one conducta a month.
We set off for Cholula about two, receiving a good deal of abuse as
we passed through the streets, and especially from the soldiers when¬
ever we happened to encounter a group of them. Some stones were
thrown, but apparently by very timorous or not very malevolent hands,
as none took effect. The road to Cholula would be difficult for wheels,
but it leads through a fertile plain, and we gallopped over it pleasantly
enough. I was on my own horse, with a saddle and bridle a young
Mexican in the diligence office had lent me, a very grand caparison. It
was in the usual taste here, the saddle having a rich housing covered
with plated ornaments ; and the stirrups, which are very large, covered in
front with leather roofs, and having long wings hanging down on both
VOL. VI. 3
IS EXTRACTS FROM THE JOURNAL OF A MEXICAN TOURIST.
sides terminating in tassels. The bridle was an equally gay affair; and
the halter, which was made of handsome cord twisted of different colours,
was coiled up and hung gracefully at the saddle bow. We reached Cho-
lula in about an hour; but our pyramid has now so much the appear¬
ance of a natural hill, that we passed by it and through the town, and
made a search for it on the other side, and then came back abusing our
guide, who was very little to blame, for we had not made ourselves un¬
derstood. Indeed, he had no notion what a pyramid was; he knew this
hill very well by the name of the Yirgen de los Remedios, whose church
and convent are on the top of it; but he neither knew nor cared what it
might have been of old. It is now completely covered with earth and
vegetation. We came to the very fQot of it again and asked where was
the pyramid ; and we went to the top of it and asked the same question
at the church. There was an old fellow there whose business was to
show the church, and he asked us in and made a parade of his reliques
and pictures, and sold us some pulque, for the day was hot and we were
thirsty; but he knew nothing, any more than the rest, of the pyramid.
The idea at last occurred to us that the hill itself was the thing in ques¬
tion, and we went round it to examine the places where a steep or per¬
pendicular side was less covered than the rest with earth and vegetation,
and there we found walls of unburnt brick of rude construction, which
showed that our conjecture was correct. But after having seen Hum¬
boldt's drawing of the teocalli as he supposes it was originally, we were
quite excusable, I think, for being slow to believe that this hill with a
church on the top of it could be the same thing. This teocalli is rather
the most distinguished one existing, but there are others in various parts
of the republic. It is supposed to have been the work of the Toltecks:
tradition adds that they built it with the idea of getting up to Heaven from
the top of it. I should much question, however, whether such an idea
could ever have entered the heads of people possessed of civilization
enough to complete such a structure; besides, they had mountains all
round them, and if they wanted to build towards Heaven, they would
have had less distance above them by beginning from the top of one of
those. Cholula contains apparently some 5,000 inhabitants ; it is tole¬
rably well built and very clean, as are all the Mexican towns I have seen.
This pyramid is on the outskirts. As we ascended it we were saluted
with a volley of abuse from the suburb next us, and when we came back
our guide told us a .party of fellows, provided with large stones, were
waiting to intercept us. We sat off at full speed ; we heard a good deal
of execration, but no stones were thrown ; and our guide left us to get on
by ourselves, while he made the circuit of the pyramid in the other direc¬
tion, passing directly through the place from whence the attacking party
were to have sallied. When he rejoined us he had a grand story to tell
about the dangers he and we had escaped : he had avoided coming on
at first with us, he said, because he was in fear of his life; the rioters
EXTRACTS FROM THE JOURNAL OF A MEXICAN TOURIST. 19
had threatened to kill him because he would not decoy us into their
hands, &c. &c. Unfortunately for his story some of our party, who were
behind, had seen him dismount peaceably among all these blood-thirsty
wretches and go into a pulque shop, as thirsty probably as any of them.
We passed a bridge on our way back, where the guide stopped to talk
to the gate-keeper, who eyed us very sharply as we came out. I came
up just in time to catch a few words of the conversation; and the gate¬
keeper, as if he had heard something quite new and surprising, was say¬
ing— "Cristianos— son Cristianos, — commo nosotros."*—Just then
he caught my eye and bowed. I said Adios, (the meeting and parting
salutation here,) and he cried out, "Ah si, ahora si,""}" and seemed quite
delighted.
Our friends, the populace, received us as usual: some trumpeters at
drill laid down their instruments to pelt us, and a stone thrown from a
corner hit me in the arm. Our tactics had hitherto been to take no no¬
tice of these insults, and to seem not to perceive them; but we changed
our plan and kept a good look-out, and it answered better. No stones
were thrown from directions where we could see who threw them, and I
have seen a fellow in the midst of a volley of abuse, stop short and shrink
under his poncho and drop a stone from his hand when he saw that any
of us were watching him. De Schuchareff, who was separated from the
rest of us, passed by some soldiers on parade, and a stone being thrown
from among them, he turned back and made them a speech, in which he
told them he too was a soldier, and that their conduct was base and un-
military, with more to the same purpose in mangled Spanish, which pro¬
duced him a shout of laughter. We went to the top of the house (which
was flat roofed) toward evening, to observe the approach of a thunder¬
storm. An Irishman living in the house accompanied us, and made us
remark on a great many places on the walls of the surrounding houses the
marks of bullets, which he said were tokens of " the last revolution." We
asked when was that ? He said about three months ago ; within two years
there had been four, and Puebla twice besieged. Now this word revo¬
lution is applied in this way to the petty rows which concern the petty
towns separately, and there might be a dozen revolutions in Puebla
while Cholula would care no more for them than if they were in China.
The country is in a state of complete disorganization, like a great weak¬
ened and diseased body, in which first one muscle may twitch and be
convulsed and then another, or several in different parts independently of
each other, but which is capable of no general or systematic action or
use of its remaining strength.
Don Jose Lang came to see us in the evening, but instead of the ex¬
pected licencia de las armas, brought us only fresh assurances that it
+ Christians — they are Christians — the same as we.
f Ah yes — now indeed.
20 EXTRACTS FROM THE JOURNAL OF A MEXICAN TOURIST.
would not be needed in the diligence. I made arrangements to hare
my horse sent on to Mexico, we paid our very moderate bill and went
early to bed.
The Bishop of Puebla, whose revenues and influence are very great,
is one of the staunchest and most uncompromising champions of bigotry
and darkness in this bigotted and dark republic. There is no other large
body of men, or numerous class, on the face of the earth, I believe, but
the Roman Catholic clergy, upon whom the march of intellect in the last
three hundred years has not produced some effect; not merely by taking
away their noxious powers and privileges, but also in reconciling them,
in some measure at least, to the loss of them. I do not believe the
present nobility of England, for instance, in a mass, nor any large num¬
ber among them, would wish to see their order fixed again on the footing
it occupied in the time of Henry YIII., and the commons trampled down
to what they were then. On the contrary, seeing the rich fruits of im¬
provement which have sprung up with a more liberal system, I believe
they are generally disposed, as far as they dare, to aid in the develope-
ment of that system; though some are hindered by strong personal inte¬
rests, and others by conscientiously narrow views, from aiding the more
unscrupulous reformers, who are going too fast for them. Something
similar may be said of the privileged classes in other countries: they
have almost or quite, without exception, all made voluntary concessions
and promised more, except the priesthood. They only cling with obsti¬
nacy to all you are taking from them, and protest still against the priva¬
tion of all they have ever lost; they only oppose improvement as a fiend,
and trample on instruction as a viper; they walk with their heads turned
back, regretting the days of darkness ; and after the battle has been lost
and won and they themselves effectually killed, they fight on in perse¬
vering wilful ignorance of the fact. Why it is that they are so desirous
of keeping light out, any one may see who will study out the chronicles
of barbarous ages, or travel into barbarous or semi-barbarous countries —
he will see that it is not for nothing that they manifest such need of a
screen. There was a woman in Puebla, a foreigner, who had been no¬
toriously, and for a length of time, the mistress of the Bishop. She grew
old upon his hands and he cast her off; but to supply her place he fixed
his eye on her daughter, and actually succeeded in inveigling her to
his palace and persuading her to remain there. The mother, of course,
was outrageous ; she demanded justice against the Bishop, of the law,,
but the Bishop was too strong for her, and the matter was still at this
point when we were in Puebla.
We set off in the diligence then for Mexico on the morning of Tues¬
day, 24th February, six inside, our own party with no other passengers,
and were whisked along a good road with very great rapidity. At the
very first stopping place we were brought up with the demand for the
licencia de las armas, as we had still three double-barrelled guns — our
EXTRACTS FROM TI1E JOURNAL OF A MEXICAN TOURIST. 21
carbines of course had gone back with the muleteers to Xalapa. The
soldier who made the demand was a surly scoundrel, and when we de¬
manded to speak with the commandant, he told us "Buequb usted"—
look for him yourself. De Schuchareff accordingly did look for him
himself and found him, and as it was pretty clear that we were not of the
class of persons in whose hands the law looked on arms as dangerous,
the officer, after some parley, relased us ; but we put our guns down out
of sight as much as possible to avoid getting into such another difficulty.
We arrived by and-by at the inn, where we should have dined, but un¬
luckily the conducta was there with 70 soldiers, who were dining before
the house. The money wasjn great saddle-bags on mules' backs ; they
had then about $700,000. We did not choose to stop to dine, lest we
should get into more trouble about the guns. The soldiers came up to
take a look at us while we stopped, and one of them regaled our ears
with the customary " diablos, carga de diablos" — a load of devils ; but
no one seconded him. He was a grim fellow, with a face full of wrin¬
kles, a pair of very small black eyes and a low forehead, and his com¬
plexion much like that of Russia leather as it is usually seen in a bound
book. This, indeed, was nearly the hue of all his companions.
Soon after leaving this place we came to a descent, which continued
about six miles ; in some places it was pretty rapid, and this brought us
into the great valley or plain of which that of Mexico is a subdivision.
There were lakes in sight as we went on all round us, and mountains
bounding the view on every side. Several gigantic ones were behind
us, covered with snow and half covered with clouds, and shining in the
evening sun; and there were long ridges, of which the portions near us
were all brown and bare, those in the distance blue and indistinct and
hazy. On the right the view was very extensive, the mountain bounda¬
ry very distant; on the left it was much less so, and to the left in front
stood two great conical hills that looked as if they were made of cinders,
and indicated sufficiently, by shape and colour, their volcanic origin ; and
when we had traversed a green and sunny little village, and passed over
the foot of one of these, we saw Mexico still far away before us. Still
we had the same view on the right, a vast plain stretching away to the
feet of the distant mountains ; and on the left, beginning as it were from
the very ends of our fingers, and bending to the front in a quarter circle,
were four or five huge brown hills. Beyond their termination, on a knoll
or rising ground, stood a rude but strongly fortified castle, and farther on
lay a wide lake reaching, as it seemed to us, to the city; but above the
city, and the lake, and the castle and the hills, were ever to be traced the
blue tops and varied outline of an exterior and superior range of moun¬
tains. As we drove on the sky somewhat suddenly ^ecame slightly
overcast, and a violent gust of wind came up, gathering on these arid
salt-looking plains, from among the withered scanty grass, incalculable
quantities of dust, which it bore before it, enveloping every thing in to-
22
TO LAIS.
tal blindness and suffocation. It paused for an instant, and I saw a
couple of horsemen at a stand-still, who seemed as if the wind had de¬
posited them there in the instant; the castle and mountains were just
visible over their heads, and their wild jestures and appearance, as they
strove to secure their streaming sashes and gay many-coloured ponchos,
made a good picture for such a back-ground. But a fresh cloud of dust
arrived, and picture and back-ground disappeared from our sight in a
twinkling. It began, to rain soon, and the dust was laid. We drove
along the causeway which leads to the town between two marshes or
expanses of ground covered with pools and cut up by canals, where
were wild ducks, coots and water hens in great abundance. The courier
of the British Embassy met us on horseback, Don Rafaelle. He had
seen some of our party at Yera Cruz, and he kept along by the carriage
and entered the town with us. He was dressed as a regular Mexican
" charro," that is, a beau, with a broad-brimmed white hat and triple
gold cord for hatband, a round jacket studded with buttons, and panta¬
loons opening at the sides and with rows of buttons from waistband to
ancle, a red sash, and a Mexican saddle, bridle, &c., in the most ap¬
proved style. He was mounted on a fine prancing charger, and was by
no means unconscious that he made a figure worth a lady's eye ; if he
had had any doubts on this subject we should have removed them, for
we admired his appearance exceedingly. Don Rafaelle's attendance
had a most excellent effect at the custom-house c; our baggage passed
unquestioned, and we made our way to the Washington Hotel to rest
from our labours. Good quarters were assigned us, and with the aid of
a comfortable supper, we soon began to feel ourselves at home.
TO LAIS.
Nat, think not, dear Lais, I feel a regret
That another awakened thy sigh,
Or repine that some traces remain of it yet,
In the beam of that eloquent eye.
Though the light of its smile on a rival had shone
Ere it taught me the way to adore,
Shall I scorn the bright gem now I know it my own,
Because it was polished before ?
And though oft the rich sweets of that lip hath been won,
It but fits it the better for bliss ;
As fruit, when caressed by the bright glowing sun,
Grows ripe from the warmth of his kiss. D.
23
THE SCIOTE;
A TALE OF THE GREEK REVOLUTION.
in two parts. part i.
"We can but die,
And he but live, for him the very worst
Of destinies: each day secures him more
His tempter's."— Byron.
It was an eastern night;—a sad and solemn silence, so deep and
imperturbable, that the pall of chaos seemed but just lifted from this
breathing world, pervaded all visible nature ,* not a cloud was seen to
screen the fair bright face of Heaven, save where a thin gossamer va¬
pour had capped the neighbouring mountains of the Island of Scio, as it
lay darkling in the distance. The sea slept tranquil as an infant lulled
in its mother's arms. Its depths reflected with startling justness the
azure concave above, till from the decks of the stealthy mysticks
which studded its surface, it seemed as if they were floating in an ethe¬
real world between two Heavens.
A storm at sea is an event replete with incident, confusion, danger,
and — till Fear takes his iron gripe off the sufferer — with redoubled
retching and agony to the sea-sick. In a calm like this we have at¬
tempted to describe, all is wanting. It reminds one of that lazy, listless
state of mind which, from want of excitement, man often experiences,
when the present is as nothing, the future less, and the past but an un¬
connected, untraceable dream. It is not that winning illusion, growing
out of seclusion, which the habit of self-commune so successfully fosters,
and which gradually seduces the mind from the contemplation of exter¬
nal objects, and leaves it unfettered in its own dreaming imaginings, —
but it is inanity, vagueness, nothing but a — calm. But man's passions
catch not their tone either from nature's smiles or frowns, else in this
" Fair clime, where every season smiles
Benignant o'er those happy isles" —
e'en the restless Titan here might fix his home, nor seek a brighter hea¬
ven. But alas! war, which, like a pent volcano, ever and anon bursts
forth, leading men to carnage and revenge, slept now — but as a type of
ocean — to wake again with invigorated fury. So slumbered the gallant
spirits that, ere another dawn, might sleep the sleep of eternity.
" Ha! Stefano, on deck yet ? I thought thy watch had finished with
the midnight hour."
24
THE SCIOTE.
u True, my Captain ; but a restless spirit makes one wakeful. I but
kept the deck till brighter promise should dawn upon our enterprise."
" By heaven! thy vigil then will be but short. See ye not yon hea¬
vy cloud gathering itself up like a giant to run his course, and o'er-top-
ping the mountains of Magnesia ? It is more than a cap full of wind
that fellow carries with him!"
" Aye! and hark that moaning sound which booms along the ocean:
his sluggard rest is breaking, and ere long wind and wave too will career
briskly enough."
"'Tiswell! Keep her close under the Isle of Samos — show no
lofty sail — the land will screen us from the Moslem dogs till we can
light them up a bonfire that will show friend from foe. When the breeze
makes, give me a call." So saying, with a stern and thoughtful brow,
the speaker sought his cabin.
'' Aye! by the mass, but thou shalt be called in time, and Stefano's
hand shall kindle up a pyre, ere another morning dawns, that shall light
many a Moslem to his paynim heaven, if, as their accursed creed says,
heaven be the meed of those who die by Christian hands."
Thus soliloquised the young Greek, as with folded arms his tall and
symmetrical figure gracefully reclined over the rail of his little vessel; his
restless eye, bright as the falcon's, beaming upbn the pitchy sea, as if in
its fathomless depths he could read some connection with his own dark
thoughts. Adown his well-turned neck hung long and raven curls, but
slightly constrained by a small red skull-cap, forming part of his rich Alba¬
nian dress. His mouth—just as of the artist's chiselling—denoted, with
all the peculiar force of that feature, high and stern resolve. The upper
lip, docked with a silken jet black mustache, the evident growth of early
manhood, served to soften the sparkle of his lustrous deep-set eye. It
Was an eye where beamed the soul of thought, while its restless fierce¬
ness told but too truly that the kindlier feeling of his nature had yielded
to the mastery of the sterrter passions.
Through the early part of that insurrection which despotism and op¬
pression had fanned into open rebellion against the Turkish yoke, Ste-
fano had served in the infant navy of his country. Disgusted, however,
by the preferment accorded, by the necessities of the Greek Govern¬
ment, to the foreign mercenaries whom the hope of aggrandisement had
enticed to the rebel ranks, in a moment of pique and discontent he
had deserted her banner. It was not till the marauding hand of her
enemies had despoiled him of home, of fortune, and the bright smile of
her he loved, that his ardent nature seemed called into action. It was
the sacking and burning of the town of Scio by the Turkish fleet that
then aroused, in all its vindictiveness, that spirit of retaliation which pride
and high lineage from Maniote princes had made his just inheritance.
Now, nothing left to bind him to his island home — his estates confis¬
cated his chosen bride, she who had been to him as part of his exist-
THE SCIOTE.
25
fence, a victim to the general conflagration, or worse, in servitude to the
cruel Turk — he carried with him again into his country's service a
youthful spirit of recklessness and enthusiasm, which the consciousness
of his loosened ties to earth served but to foster.
" Yes," he continued, " yes, thou idol of my heart! this sabre, the last
best bequest of my father, shall carve thee out a fearful retribution;
and if now thy spirit dwelleth in the land of dreams, vouchsafe a prayer
for him who liveth but to avenge thy wrongs ; or, breathing still in this
dark world, still record thy prayer, for Heaven's self could not make
thee purer than thou art, thou incarnation of nature's sweetest poetry
in soul and body too. Ila! the breeze freshens — inform the captain —
pipe up the hammocks — keep her close to the wind, my lad!"
" Our auguries were sooth, Stefano! the canvas bellies finely to the
breeze. Bring the fire-hulk in closer tow." Having thus ordered, the
captain, who had come on deck at the intimation sent him, thoughtfully
paced his quarter-deck. He was a man whose form might have lent
something to the athleta? of his early ancestors. His head and profile
had lost little, in the general degeneracy of his country, of those peculiar
characteristics which we now term classic and deem the perfection of
manly beauty. His eye was quick and piercing, and seemed to take in
every thing in its range ; whilst the lines of the face, with the compressed
brow and lip, denoted thought and energy, and a spirit attuned to noble
emprise. He was habited in the costume of the island-sailors of the
Archipelago, with loose trowsers meeting the stocking at the knee ; about
his waist he wore a red scarf or sash, which secured his sabre and pis¬
tols ; and over all, an embroidered jacket, with slashed sleeves, which
being cut low in the neck, exposed his ample and manly throat. Such
was the gallant Canaris, " the modern Themistocles" of Greece.
But the reader has been kept too long in ignorance of facts antecedent
to the date of our story, and which, as they are wholly historical, we
shall now briefly advert to. After the establishment of the revolution in
the Morea, all those islands of the Archipelago, whose population were
Greeks, the Porte garrisoned with small and insignificant forces, taking
hostages for their fealty, and at the same time imposing small annual
tributes in men and money; the first were destined to serve a given period
in the Sultan's fleets. The successes, however, of the revolutionists on
the Morea, stimulated the Sciotes to rise against the Turkish garrison
of their island, which, after a feeble resistance, surrendered to their arms.
The Porte, determining to punish this breach of faith, first sacrificed all
their hostages, and then sent a powerful fleet to quell the insurgents.
This was soon accomplished, and without a blow. Some time after,
and whilst the offending Greeks slept in the happy consciousness of for¬
given outrage, their town was sacked and burnt — their women violated
— their garners and vineyards stripped and laid waste, and the work of
desolation completed with every fiendish enormity in the chronicles of
VOL. VI. 4
26
THE SCI0TE.
crime. Scarce a Greek was left to tell the unhappy tale. Hassan, the
perpetrator of this dark villany, now reposed, with his powerful fleet, off
this ruined town, in all the tyrant's security of guards and guns ; and the
present enterprise — the offspring of the gallant Canaris—meditated, with
its little armament, the destruction of part, at least, of this Paynim host;
an undertaking as hazardous in its design as chivalrous in its execution.
It was in this general wreck, and during a temporary absence from
the island, that Stefano found himself bereft of all that constituted to him
the carnation of life. His ardent imagination, unschooled by wholesome
moral, and wandering without a guide in the trackless wilds of metaphy¬
sical polemics, left his mind open to the first powerful impulse that might
assail it. His dark passions, now excited more by his personal than his
country's wrongs, found a concentrated object — it was a fearful mono-
me — revenge!
Canaris, still absorbed in thought, continued pacing the deck, when
Stefano, throwing more formality in his address than had marked their
last intercourse, now approached him. " Your orders have been obeyed,
Sir; the fire-ship is in complete preparation, the combustibles distributed,
and the magazine train and match in due order." He paused a mo¬
ment, and then added, " I would crave a boon of my noble commander,
if he would not deem me importunate."
" Name thy wish, Stefano ; for thou canst not ask that which I would
not grant, consistent with mine office."
" That I may be permitted to lead our hazard."
" I had thought as much. It is the work of a stout heart and cool
head ; the one, at least, has always been thine ; the other must be, now.
Our enemy is both strong and many, and circumspection is a powerful
safeguard against such fearful odds. To none would I so willingly con¬
sign a daring enterprise, if thou couldst but negociate so wonderful an
alliance."
Bowing in acknowledgment of the equivocal compliment he had just
heard, the young Greek quickly replied — " My head and hand have at
last found a congenial object. May the one be as ready to execute as
the other to design."
" Have then thy wish! My plan is simple, and if the wind stands, it
will go hard with us but we teach yonder proud Turk a lesson from the
lex talionis. Fortune and your own management must decide the mea¬
sure of its instruction. My object will be to place you well to wind¬
ward of the enemy's fleet•— for I rvould not hazard discovery from our
white canvass by running too close — your vessel will drive then with
the wind and set of the sea, which, aided by the helm and their close
line of anchorage, must necessarily expose some part of it. And now I
commit you to your own discretion. Take with you such men as you
confide in, and may God prosper your undertaking."
THE SCIOTE.
27
"I want no aid — the risk be mine alone;" and muttering, as if to
himself, he added, " and the glory too."
Jumping into the light caique, now ready to receive him, Stefano
seized the oars, and in a moment found himself a solitary being in pos¬
session of one of those dread engines of war which had so long kept the
hostile fleet in awe. Already his revengeful spirit brooded in anticipated
triumph o'er the thousands of souls that his unaided hand, ere another
hour, might launch into the stormy ocean of eternity. Remorse lay
buried in the deepest sepulchre of his soul; and who could foretell its re¬
surrection? "Yes!" he resumed, " that crescent which now floats so
proudly in yon Turkish banner — yet no longer a crescent, but a wan¬
ing moon — shall sleep to-night in its billow grave, never to rise again.
I swear it by the holy cross."
In the mean while Canaris had shaped his course for his proposed
point of destination, with the hulk still in tow, and all those little precau¬
tions against elemental treachery or mortal foe, which mark the skil¬
ful seaman. His vessel was cleared for action, the men resting at their
guns; the sails neatly trimmed to the wind, and that breathless silence
maintained, which both discipline and their secret enterprise rendered
so necessary. Nor had Stefano been idle : with anxious care he had
examined and renewed the separate trains which led to piles of inflam¬
mable materials deposited in different parts of the hulk, that the combus¬
tion might be so instant and simultaneous as to baffle any effort to extin¬
guish it. The vessel* itself was old and exsiccated ; added to which
there was a large accumulation of old tar-barrels, oakum well satu¬
rated with turpentine, and whatever else could be found easily suscepti¬
ble of fire, strewn in profusion about her decks. Dry and useless spars
had been placed, as chance directed, to represent masts and yards, and
well armed with the same ready auxiliaries of the burning element, and
with the view to connect it with the enemy's spars and rigging. At her
stern hung a heavy anchor, with a chain cable to it, well shackled to
ring-bolts through the deck and beams; and whilst examining the stop¬
pers, that nothing might check its fall at the time of need, Stefano mu¬
singly apostrophised it: — " Thou hast had rapid promotion, old boy!
from the hawse-hole to the cabin windows is not so bad in one day.
Well! do thy duly as faithfully here as there, and keep the old craft stern
to wind, as of yore thou didst her head, and thou art well worthy! The
cabin will be hot enough, ere long, I ween, to make a breeze through the
stern posts quite a refreshment."
The vessels had now worked well up to the northward of the town of
Scio, leaving the devoted fleet about a mile under their lee. Here,
* The Greeks, though eminently successful in this kind of warfare during the revo¬
lutionary struggle,— perhaps from want of means, — had paid but little attention to
the scientific construction of fire-ships. Old, and, for other purposes, useless vessels
being selected for such service.
28
THE SCIOTE.
at a concerted signal, the tow-line which had connected them was cut,
and the hulk left to her own guidance ; whilst Canaris stood out from the
land to secure a retreat should the enemy discover him and despatch a
heavy force to intercept that movement. The intrepid Stefano then let
fall a rude brown-stained sail — a common practice in the Levant—from
one of the temporary yards before noticed, and continued his stealthy
course directly before the wind. The heavens, which before were cloud¬
less, now wore a filmny veil of vapour, which more completely confirm¬
ed the sable reign of darkness. " E'en Heaven prospers my under¬
taking," said Stefano ; " and yon dark cloud will prove a meet pall for
the vile infidels o'er whom it now seems to hover as if in effigy of their
fate." Hushed was each sound, save the moaning breeze, or the crisp¬
ing of the wave as the .vessel crept along her murderous and clandestine
voyage. But not so hushed was the stormy soul of him who grasped
with convulsive force the helm that might be guiding him to the grave ;
for the fiercest passions of our nature were holding revelry there, whilst
all their tempering virtues had sought more genial homes. E'en fear
knew no abode with him ; but, like the impious wretch of classic memo¬
ry, who challenged the omnipotent lightning of his God, he stood defying
man or fate.
The poop lantern, which designated the admiral's ship, threw a pale
and sickly light o'er the small circle it enlivened, whilst its flickering and
uncertain rays served but as a safer guide to an ambushed foe. The
hulk had already approached within a cable's length of it with a myste¬
rious and magic-like quietness. The sentinels, if any there were, lay
wrapt in sleep, or charmed into forgetfulncss by their waking dreams;
for not a sound was heard to break the solemn silence of the hour. A
moment more, and a*sudden splash broke upon the water, with the rust¬
ling and rattling of the chain cable as the anchor drew it quickly towards
the bottom, and then the sentry's startled hail of " who comes there V
Another moment, and the foes had grappled side to side, whilst the trains,
like angry and hissing serpents, coursed along the decks in every direc¬
tion, leaving the whole body a living sheet of flame, and revealing to the
panic-stricken Turk, as it floated above in sullen dignity, the azure
stripes and quartered cross of the Grecian banner!
Confounded, bewildered, and therefore without resource, the votaries
of the specious doctrines of predestination made but feeble efforts to
avert their doom. The wild-fire spread with eager rapidity, and the
hatches forming a sort of funnel, the flames were forced out as if from
the crater of a volcano, whilst the pitchy lava tracked its fiery course
adown her sides. Already the spars, rigging, and hull of the Turkish ship
were crackling with its fury; and the ignition was completed by the ex¬
plosion of the hulk, fragments of which, hurled high in air, came blazing
among the adjacent vessels. Two of these were now recking piles.
Then arose an uproar, which was second only to the explosion. The
TIIE SCIOTE-
29
gloom of night, broken by the lurid streams, served but to reveal more
fearfully its sickening horrors. The ear drank in sounds of mortal ago-
ny — the groans of the dying, vainly calling on Allah to assist them —
the sudden plunges of their corses, as with the relaxation of death they
fell on the water — the crackling and falling of spars, and the gradual
consuming and dismemberment of the huge fabrics, which but a short
moment before rode so proudly on the ocean-billow, an injured nation's
scourge—It was the full fulfilment of^Stefano's vow of a "fearful retri¬
bution."
But where was he — the arch-destroyer — gathered with his enemies
to the common sepulchre of ocean ? or, fiercely and secretly exulting
o'er his life-stained scene of havock ?
end of part i.
TO .
I.
Yes ! I swore to be true, I allow,
And I meant it, but, some hdw or other,
The seal of that amorous vow
Was pressed on the hps of another.
II.
Yet I did but as all would have done,
For where is the being, dear cousin,
Content with the beauties of one
When he might have the range of a dozen ?
III.
Young Love is a changeable boy,
And the gem of the sea-rock is like him,
For he gives back the beams of his joy
To each sunny eye that may strike him.
IY.
From a' kiss of a zephyr and rose
Love sprang in an exquisite hour,
And fleeting and sweet, heaven knows,
Is this child of a sigh and a flower.
J. R. D.
30
CONFESSIONS OF JEREMIAH DIBBS, HISTRION.
" Some are born great, some achieve greatness, and some have greatness thrust
upon them."—Malvolio.
If the doctrine of Pythagoras be true, — if the souls of men transmi¬
grate and take up their abode in the bodies of brutes, — then, reasoning
from analogy, the dispositions of inferior animals may be supposed to en¬
ter into and possess the spirits of men: being a firm believer in the first
philosophy, I cannot doubt the second. Admitting this to be an ortho¬
dox belief, it becomes a curious subject for the speculation of the philo¬
sophic philanthropists of the age. The science of Phrenology, wonder¬
ful as it is, would, by the perfection of this new philosophy, be entirely
superseded, as a superfluity of knowledge " neither useful nor ornamen¬
tal." How much more interesting to ascertain, by experimental observa¬
tions upon the genus " Homo," to what particular animal of the brute
world he is indebted for the propensities which incite him, than to
speculate blindly upon the probable beastly location of that soul when it
has left the abode of humanity. It would nullify and render superfluous¬
ly useless the doctrine of Gall and Spurzheim, upon the same principle
of expediency which, by the introduction of canals and rail-roads, has
abolished the use of that ancient " corduroy" invention which whilom ex¬
isted as a bug-bear to the peace of mind of all liege advocates of the
American system. The exposition of the propensities of frail humanity
could be obtained at once, and by a course altogether free from any of
the objections existing agaist the " modus operandi" of the phrenologists.
An unremitted attention of five years to the study of this interesting
subject, has resulted in the production of a folio volume, now in the press,
wherein I have so clearly elucidated the system, so firmly established its
truth, and so impartially exhibited its superiority over the doctrines of
Phrenology, Craniology, Physiology, Pedeology, and every other
" ology" now existant, that I have modestly entitled the work Cream-
ology ; a word significant of a system collecting, combining, and condens¬
ing the essential virtues of every known philosophy. From the sublime
principles of this religion I have been enabled to cast the nativity of my
own spirit, and to fathom its origin.
" Modest humility" being the grand trait in my character, I do not
blush while I acknowledge my spiritual obligations to that cruelly abused
and humble creature, the Angle Worm, whose animal existence — in this
particular individual — being annihilated within the beak of an eagle, I
have also, although in a less degree, inherited a portion of the aspiring
disposition of this sky-clearing sovereign of the air.
Thus much of my spiritual nativity is necessary to account for that
CONFESSIONS OF JEREMIAH DIBBS, HISTRION.
81
invincible humility of character, that singular modesty of disposition, that
" petticoat of the mind," which, like the mantling foam that veils the es¬
sential excellence of a " pot of beer," has stood like a wall between my
genius and the applauding acknowledgments of a grateful world.
I pass over my " nonage," the interesting period of brat-hood, and •
even the precocious outbreakings which made remarkable the scenes of
my early days, and come at once to that prime stage of vegetation when
the green bud of youth is supposed to expand into the full blown flower
of manhood. Fortune had been chary of her gifts to my dear parents,
in the mere goods and chatties which constitute what is commonly called
wealth; but, like Cornelia of old, when asked to exhibit their jewels,
they pointed to their children, myself (I humbly confess it) being their
crown diamond. Untended, therefore, by that " yellow slave," which
makes " black white, foul fair, wrong right," I was thrust out to " heartless
fosterage," with no other companions than my untried genius, a ragged
wardrobe, and an old copy of Shakspeare. The " Swan of Avon" had
been all my life to me, as he has been to other kindred spirits, a divinity.
I felt myself in decent company when I held communion with his spirit.
My talent, or, I may rather say, my genius, (for truly it was born with me,
a veritable " Poeta, non fit, sed nascitur,") was and is decidedly Shak-
sperian. I had read myself into the assurance that Shakspeare had never
had a true representative upon the stage, and out of a philanthropic re¬
gard for the memory of my favourite, I was induced to overcome the
natural timidity of my disposition, and resolve myself into a determina¬
tion to do justice to the bard by boldly taking upon myself the task of
enlightening the age upon the true characters of Shakspeare's heroes.
As for my mental qualifications for this task, the spirit of the Angle Worm
holds me dumb ; my " physical" are these : a person not much under five
feet; a countenance singularly massive, not very flexible, but wonder¬
fully expressive of certain passions ; a voice delicately soft in its lower
tones, and heavy, strong and sonorous in the utterance of energetic feel¬
ing, having, when much excited, a thrillingly effective break or squeak,
which is to the thick rolling of a heavy bass voice, what a clap of lightning
is to the sepulchral rumblings of a thunderbolt.
I pass over the foolish arguments of friends, stone-blind as they were to
my genius; I say nothing of my natural contempt for " trade" of all
kinds — I had "a soul above buttons." The "cacoethes ludendi" was a
disease born with me, growing with my growth and strengthening with
my strength. Shakspeare and the world had claims upon me — my
mind, therefore, fixed, firm, and unchangeable, was the stage.
I made my way to the "Far West." The world is wide, (reasoned I
philosophically;) this is a great country, and with its mighty rivers, un¬
trodden forests, and everlasting mountains, is worthy to be associated in
remembrance with the (to be) illustrious name of Dibbs. Yes, here
should bo my field of glor ; 1 j would I reveal the hidden glories of the
32
CONFESSIONS OF JEREMIAH DIBBS, HISTRlON".
" one immortalhere would I establish his throne, and wrest from the
tardy world a just tribute to his genius ; here would I identify myself
with the art I loved ; here embalm my own memory with the enduring
spices of the soul of Shakspeare ; and here should my name become so
much a part of his, that when I died, his only representative should fill
my coffin, and over our single tomb be graven the effigy of Shakspeare
and the epitome of our double death in this simple epitaph — " Hie jacet
Dibbs."
Visions of intermediate glory, of cotemporary fame, were rising like
golden stars in the bright perspective of the future. I thought of the
" great of old," the " mighty dead." Sparrows ! dead herrings ! com¬
pared with that luminous immortality which I saw just settling in a glori¬
ous halo upon my burning brow. Honour, fame, the world's applause,
the acclamations of an overflowing house, the bravos, the waving of
handkerchiefs, the tears, the faintings, the " exquisite fellows!" the " go
it, Mr. Dibbs," all like angel shapes, lived " in my mind's eye, Horatio."
I found no difficulty in effecting an immediate engagement in a very
" select company" of travelling artistes, then electrifying crowded houses
in the most populous city of the western world.
A night was immediately set apart, for my debut, and forthwith was
announced, in mammoth capitals, the play of " Hamlet." " Hamlet,
Jeremiah Dibbs," — "being his first appearance on any stage."
Need I say that I knew I should make an impression! Every thing
was favourable. The company severally took me cordially by the hand,
and encouraged the natural timidity of my disposition by hearty slaps
between the shoulders ; which last welcoming salute was a degree of
familiarity which, I confess, somewhat surprised me," considering the de¬
licacy of my situation" and the short period of our mutual acquaintance.
But there was one exception among these " hale fellows." Mr. Theo-
philus Higgins, the tragedy man, did not take me by the hand at all.
Courtesy is as much an evidence of good sense as of good breeding,
and, however fearful Mr. Higgins might have felt of being over-topped
by the new comer, his conduct towards me was as impolitic as it was ill-
bred. Had this gentleman shown towards me a proper degree of re¬
spect, I should not have hesitated to have given him certain hints in
regard to the character of Hamlet, that would, perhaps, have benefited
him in the eyes of the public. But I must do justice to Higgins. He
was in person about my height, but possessed of a degree of rotundity to
which I, in my " fattest days," never had claim. Although Mr. Higgins
could not " do" Hamlet, he certainly was a very sucking-dove of a " Ro¬
meo his voice was so melodiously soft, so cooinghj plaintive, that to
a sensitive audience his Romeo was as irresistible as heartshorn. I
was to have the assistance of an Ophelia in the person of Miss Aspasia
Veijuice, a lady, I was assured, possessing more power in that character
than any other woman west of the Alleghunies. Miss Verjuice was a
CONFESSIONS OF JEREMIAH DIBBS, HISTRION.
33
short dumpy woman, with fine sparkling grey eyes, one of which being
set a little awry, gave a decidedly marked expression to her counte¬
nance ; her voice was of a wiry and singularly effective tone, thrilling at
times to a painful degree. I felt assured, after my first interview with
this lady, that she must be an immense creature in sentimental tragedy.
I need say little of the rest of the " corps dramatique they were each,
in their several degrees, worthy of the high honour which beamed upon
them, in supporting the Higgins in his inestimable impersonations of the
Romeos and Benedicts ; or the tragedy woman, in her bewitchingly sen¬
timental Ophelias and Juliets.
The awful night, which was " to make me or unmake me quite," at
length arrived; and candour obliges me to own that there was nothing
phenomenal or otherwise particular in the appearance of the heavens on
that day.
Nor found I that the sun,
As he on other great events hath done,
Put on a brighter robe than what he wore
To go his journey in the day before.
My Hamlet dress—if I may be allowed to descend to secondary mat¬
ters—was perfectly characteristic, and combined an air of careless mag¬
nificence with that deep, sombre, gentlemanly melancholy which belongs
to the character. Following the example of the illustrious Talma, I
was accoutred before dinner, at my lodgings, in all the parapharnalia be¬
longing to the costume, not forgetting a sword and plume. I was en¬
cased cap-a-pee—truly and perfectly attired as the representative of
" Hamlet" should be, and as the representative of Hamlet has not been,
I fancy, since the days of John Kemble. I attitudinized my soliloquy
before the glass, and confessed myself satisfied, and felt tolerably confi¬
dent of satisfying my audience ; not the less so, I must say, when, on
turning round, I beheld Caesar, (not Julius Caesar,) with the dinner
moveables in his hands, in an attitude of unsophisticated admiration. He
handed me a note from the manager. It ran as follows:
" My dear Sir,
" The gentleman with whom you rehearsed the Ghost this morn¬
ing, will not be able, I fear, to support that character this evening, in
consequence of sudden indisposition. Mr. Fusbos, however, has kindly
offered to undertake the part."
Here was a catastrophe! I had intended to have given •particular
effect to my scenes with the Ghost, and had used extraordinary exertions
to drill Mr. Starveling (the delinquent) into a proper execution of several
peculiar attitudes, gestures, and other business ; and here behold Pilgar-
lick was taken suddenly with a fit of the " old soldier," and another per¬
son, whom I had never seen, was, at an hour's notice, to endeavour " to
undertake" the part. Fatal disappointment! I rode to the theatre in
the complete dress in which I had habited myself, and was stared at in
VOL, VI.
34
CONFESSIONS OF JEREMIAH DIBBS, HISTRION.
the green-room by the whole set, from Theophilus Higgins, Esq. down
to the candle-snuffer. Whispers went round, sly nods and winks! Jea¬
lousy all — I knew it—jealousy lest Jeremiah Dibbs should throw into
the shade even the august representative of Shakspeare's heroes in the
person of Mr. Theophilus Higgins. Mr. Higgins strutted up and down
the green-room with a careless impertinent air, casting occasionally very
unequivocal glances towards his rival. I felt confident in the powers of
my own genius ; I knew that I should astonish the natives, confound the
actors, and absolutely nullify Theophilus Higgins. None of the com¬
pany (the invisible Ghost excepted) had an idea of the manner in which
I intended to portray Hamlet. I had thrown out no hints at rehearsal;
I had " walked through the part," nothing more.
The prompter's bell rang, the curtain rose ; presently the call boy
vociferated " Hamlet." I was at the side in one moment, and in the
next I stood bowing before one of the most brilliant audiences that (I
flatter myself) were ever before congregated within the walls of that
western establishment. It was some time before I could speak; the
applause was astonishing. Thoughts of a " speech" crossed me; I
checked them by the pleasing anticipation of a modest, grateful " return"
at the fall of the curtain. At length the clapping of hands and the
huzzas ceased, and the play went on. I expected to make very little of
this scene ; I reserved myself for the first entrance of the Ghost. The
" Angels and ministers of grace defend us," I anticipated would be the
first thorough evidence of my quality that the audience would enjoy.
The scene, however, passed off with eclat, and I was cheered on my first
" exit." As I passed into the green-room, my ear was startled by the
finale of a very malicious remark from the lips of Miss Yerjuice ; it was
something evidently concerning my exit, something about audiences being
sometimes quite as much gratified with the exit as with the entr'e of certain
performers. Malice and jealousy again. Miss Yerjuice sank several
degrees in my estimation at that moment. I now looked around for the
Ghost, and was introduced to this incorporeal essence just at the inte¬
resting moment when it was about finishing operating upon what once
had been a round of beef, washing down that ethereal substance with a
Castalian draught of London porter! Heavens! what a thing to repre¬
sent a Ghost!! He stood at least five feet eleven in his slippers. He
spoke, and, oh horror! how he lisped ! I was confounded — dumb with
indignation and horror at the sight and hearing of such a Ghost. It was
too late now for ecstacies. Already " Hamlet" was again vociferated by
the call boy, and I had only time to beseech the Ghost, as he valued his
spiritual health, to keep himself from any increase of size if possible,
by abstaining for a few moments from any farther libations of " heavy
wet." I was again on the stage. The brief business with Horatio and
Marcellus was soon finished, when " enter the Ghost."
It is said that Betterton opened this scene with " a pause of mute
CONFESSIONS OF JEREMIAH DIBBS, HISTRION.
35
amazement;" that his voice rose slowly to a solemn trembling tone,
giving no other evidence of horror than such tokens could convey.
Garrick also was fixed " in mute astonishment," and did not speak until
after an interval of suspense, when his questions were uttered in a trem¬
bling accent and with the greatest difficulty. John Philip Kemhle was
no better: his scene with the Ghost is described as impressive in the
highest degree, (forsooth) : his voice seemed hushed; his eye fixed in
eager enquiry upon the spectre ; and the adjuration, " Angels and minis¬
ters of grace," was uttered in an irresolute tone, betraying (says Mr.
Bowden) the amazement of the speaker — betraying (say I) the igno¬
rance of the speaker. What! receive such a visitor in dumb silence! —
no violent paroxysms ! — no show of passion — no terrible evidence of
fear!! Nonsense. But so it was, not only with these miscalled great
actors, but so it is even at the present day, (although, thanks to the in¬
telligence of the rising generation, in a much more tolerable degree,)
with those who ought to know better.
"Some errors, handed down from age to age,
Plead custom's force, and still possess the stage,
That's vile."
I knew this " custom" to be " vile," and I determined to show my
originality and good sense by " reforming it altogether;" and permit me
here to declare it as my humble opinion, that the manner in which I ex¬
ecuted my reception of the apparition will be acknowledged as strikingly
true and natural, by every sensible person who has, in the course of his
career, ever encountered a Ghost. At the entrance of the spectre, we
(Horatio and Hamlet) stood at the top of the stage. Horatio ex¬
claimed —
" Look, my Lord, it comes !"
I threw off my cap, brushed up my hair, made a sudden rush to the foot¬
lights, fell on my knees, clapped my hands together and shook them
tremblingly towards (Mr. Fusbos, then and there representing) the
Ghost. In this attitude of fear, reverence, and fervent devotion, I uttered
in a voice of thunder, occasionally relieved by that peculiarly vivid
squeak to which I have alluded, the adjuration —
" Angels and ministers of grace, defend us."
The effect was electrical. The audience were as silent as a church¬
yard vault, until I came to the sentence —
" Let me not burst in ignorance,"
when there arose one shout of applause, one universal peal from floor
to ceiling. Not wishing, of course, to rise immediately from my grace¬
ful attitude, I gradually moved around to the audience on my knees,
and acknowledged the appreciation of their approval by three modest in-
36
CONFESSIONS OF JEREMIAH D1BBS, HISTRION.
clinations of the head and shoulders. Whilst in that reverential position,
as soon as I could be heard I proceeded and finished the prayer. The
audience were in an absolute tumult of delight; they stamped, huzzaed,
bravoed ; nay, positively roared out " encore," " encore !!" I felt more
than satisfied; " it was the proudest moment of my life." Still they
shouted " encore!" I arose, determined to gratify them. I looked
for the Ghost; he had vanished. I rushed from the stage to seek him;
he was drinking my health in another pot of porter! Higgins was
laughing immoderately. By main force I compelled the Ghost to go
through the scene again; but, from some cause or other, I am sorry to
confess that my efforts were not received with the same universal ap¬
plause which greeted their first exhibition.
The next scene with the Ghost I trembled for. The thing (the por¬
ter and roast beef) got along tolerably, lisping as it went, but in a tone
which (thanks to its profundity) could hardly be heard by the audience,
until it came to the exposition of the manner in which the murder was
committed, when, after clearing its throat, it proceeded after this fashion:
Thleeping within mine orchard,
My cuthtom alwayth of an afternoon,
Upon my thecure hour thine uncle thole
With juithe of curthed hellbore in a barrel!!!
The audience were convulsed with laughter. The Ghost was heard no
more. I attempted to address the house, but not a word would they
hear. I turned to the Ghost — he had quietly taken a seat upon the
platform, and was —picking his teeth ! ! ! The curtain fell.
TO A LADY,
who declared that the sun prevented iier from sleeping.
Why blame old Sol, who, all on fire,
Prints on your lip the burning kiss;
Why should he not your charms admire,
And dip his beam each morn in bliss ?
Were't mine to guide o'er paths of light
The beam-haired coursers of the sky,
I'd stay their course the livelong night
To gaze upon thy sleeping eye.
Then let the dotard fondly spring,
Each rising day, to snatch the prize;
'Twill add new vigour to his wing,
And speed his journey through the skies.
D
37
THE TRUTH OF HISTORY.
ENQUIRY CONCERNING THE GUILT OF CATHERINE HOWARD.
[by miss allison, author op the "guide to english history," " the child's
french friend," &c. &c.*]
" The search for Truth is the noblest of employments, and its promulgation is a
duty."—Madame de Stael.
Truth is in herself so lovely, and her voice, when heard, so omnipo¬
tent, that were she to unveil herself to the world, there are few, we
believe, who would not become her votaries. Yet how seldom is her
form seen! how rarely is her voice heard! Gentle and white-robed as
innocence herself—yet has the world been deluged with blood under the
assumption of her pure and holy name, which, like that of Religion, has
been too often used to " fence about all crime." The very spell her
name holds over the minds of men has been detrimental to her power:
for Falsehood has trumpeted forth that name, and under its magic in¬
fluence has the more effectually and universally spread its own deceitful
delusions ; and so it ever will be : the prejudices, the nationalities, the
education, and sometimes even the virtues of men, militate against the
universality of truth. The humble individual who treads in the path of
comparative obscurity, is rarely estimated as truth would dictate ; but in
more exalted stations in public life, how fatal to the cause of humanity,
of virtue, of the dearest interests of mankind, has been this proneness of
man to hug delusion to his bosom, to shut his eyes to the presence of
truth: he has guarded his ears from hearing her voice as effectually as
did Ulysses guard his from hearing the song of the Syren; whilst those
who would have made her presence visible, have mostly fallen a sacri¬
fice to their enthusiasm in the cause of this fountain of all good and all
beauty. The history of the world shows, in every page of its melan¬
choly records, that every end we seek or desire may be attained, Truth
and her handmaiden Justice excepted. Napoleon could rise from the
ranks to the French empire, made by him more extensive than that of
Charlemagne ; could hold the destinies of all the nations of Europe in his
hands, whilst kings attended at his levee ; but he could not command
* The circumstances under which the MS. of this article was placed in our hands,
are such as to prevent us from withholding the name of the ingenious and admired
authoress. This departure from a general rule, however, must not be taken as a
change of the principles upon which the American Monthly has ahvay been con¬
ducted. We still believe the use of names to be incompatible with the character of a
periodical which aims to represent views, tastes, and opinions of its own, and not to
be an arena for desultory discussion; and which prefers the vigorous mental effort of
the most obscure contributor to the use of a popular name, however imposing.—
Eds. Am. Monthly.
38
THE TRUTH OF HISTORY.
that Truth should guide the historic pen and illume the page on which
his great actions should be recorded. Washington could secure the
liberties of a great nation struggling in its infancy to possess itself of
liberty, that good which could alone crown with glory, greatness, and
power its maturer day; but could he secure that Truth alone should
chronicle forth his deeds ? And so it has ever been with all those who
have shone as stars or beacons to the world.
Shall we search for truth in history ? Alas ! it is but the chronicle of
the actions of a few men, saved from the mighty roll which time has
swept to eternity. Could these start again to life from their dreary man¬
sions, what would they find? their virtues perhaps scarcely noted, their
actions misrepresented, and their vices and those passions which link
them to humanity, magnified and blazoned forth.
But Truth has some votaries ! Yes, sometimes one of the higher or¬
der of beings, gifted with enthusiasm and genius, has flung away the
smiles of the world, health, happiness, and life itself, to obtain her; and
has found that time had thrown around her an oblivious veil, which it is
not permitted to human hand to raise, and the eye of human genius is
not piercing enough to penetrate.
A distinguished living author has said, that " Histories were, for the
most part, merely romances but those only who, in their search after
truth, have pored over ponderous tomes and conned the chronicles of
old, -can be aware of the difficulty, in some cases the impossibility, of
drawing a line between history and romance. Not to refer to the times
of Theseus and the Minotaur, or of those recorded by Herodotus, Quin-
tus Curtius, or Livy, how many historic events are involved in impene¬
trable mystery? Yoltaire, quoting the axiom of Aristotle, has said,
" L'incredulite est le fondement de toute sagesse. Cette maxime est
forte bonne pour celui qui lit l'histoire."
Whether, if the truth of some contested points of history could now
be demonstrated beyond dispute, be of any consequence to society at
the present day, it is needless here to enquire; though the reader of
history, the scholar, and antiquarian may perhaps derive some gratifica¬
tion from such demonstration.
The greatest enemies historic truth has ever had arrayed against her,
are the spirit of political party and the fury of religious sectarianism. Will
the soi-disant liberal be likely to do justice to the motives and actions of
one of opposite principles, of one whom he believes inimical to the liber¬
ties of his country, the amelioration of his species ? Or, on the other
hand, is the upholder of ancient institutions, he who believes men are not
all equal; that it is according to the laws of nature, as well as all-con¬
ducive to the well-being of society, that men should be ranked in their
different grades, according as intellect, genius, or education has classed
them, or sometimes even wealth, in countries where there is an heredi¬
tary aristocracy, always ranked below the other three, in republican
the tbutii of history.
39
countries alone valued above them; is it likely that one with such feel¬
ings should view impartially the conduct of the liberal, whose aim he
believes to be (erroneously 'tis true) to destroy those institutions and
level those distinctions which he believes to be the sole bond of the so¬
cial system ?
Fatal, however, as party zeal has been to the cause of truth, ten
thousand times more fatal to her cause has been religious zeal. From
the earliest chronicle of recorded time to the present hour, every page
is sullied with blood and crime, springing from this all-fatal fount;
from the sacrifice of Iphigena, or the Christians thrown to the beasts
of the circus, to the time when Christians became themselves persecu¬
tors, filled the dungeons of the Inquisition, or crucified their unresisting
Indian victims in the name of a God of peace. But it presents too ap¬
palling a picture of human weakness and crime ; we will turn from its
contemplation to the object of the present essay.
One of the many points of discussion among men devoted to historic
research, has been the weaknesses, the misfortunes, or the vices of Ma¬
ry of Scotland: her rank, her beauty and graces, and, we trust, her
melancholy fate, have excited interest in the bosoms of the gentle and
philanthropic. Whether the charges brought against Mary be true or
false, that a hearing has at least been given to the pleading of her advo¬
cates, is proved by the number of pages that have been written on the
subject by the first historians of France, England, and Scotland.
But there was, at nearly the same period, another royal lady, who
was as talented and as beautiful, younger, more innocent, and more unfor¬
tunate, for she shared the same cruel death without sharing the same
commiseration, and for whom the sympathy of her own sex and the
gallantry of the men have never been excited: this was Catherine
Howard, the fifth wife of Henry the Eighth.
That Catherine was innocent of all the crimes of which she was ac¬
cused, is beyond a doubt; and yet there is not a single historian who
has treated of this event and of these times but has credited all the accu¬
sations made against her. This at first appears singular, and can only
be accounted for, first, because the English historians have been chiefly
Protestants, and consequently consider Cranmer as the main instrument
and martyr of the Reformation ; secondly, the repugnance which every
honourable mind feels to believe guilt so horrible as must be that of her
accusers, if she Lr innocent. But guilt, horrible guilt, existed on one
side ; and the question is, whether the odium which is naturally attached
to it, and the punishment which justice awards to it, have, in this in¬
stance, fallen on the really guilty person.
The title of Duke of Norfolk had been borne by men who for centu¬
ries had ranked first amongst the princely aristocracy of England ; men
who stood as high for their intellectual endowments as for their great
power and vast possessions. Rarely, indeed, is to be found a single
40
THE TRUTH OP HISTORY.
family which boasts so many distinguished characters, distinguished too
according to the spirit and character of the age ; whether we recur to
the proud and haughty Bigod, who used to boast in the kind of doggerel
rhyme of that era, that
In his castle,* on the river Waveney,
He dared defy the King of Cockney.
Martial, bold, and enterprising, endued with that restless and ardent spirit
which led the Paladins of that era to seek adventure wherever danger
was to be found, or to combat with impossibilities on the plains of Pales¬
tine. Whether, in somewhat a softer age, the title of Norfolk is borne
by the gentle and courtly Mowbray, or with the Howards offers still
higher claims to distinction.
The first Duke of Norfolk of the Howard family died fighting for
Richard the Third, at the battle of Bosworth field. The title and estates
were in consequence forfeited by Henry the Seventh, but after a time
restored to the son. Sir Edward Howard, the eldest son of the second
duke of this name, was made Lord High Admiral by Henry the Eighth,
and lost his life in an engagement against the French in 1513. The
O © ©
second son, Thomas, was immediately appointed to fill the same high
office ; and, as his life was longer, he had more opportunities to distin¬
guish himself. With his father he commanded at the famous battle of
Flodden field, in which James the Sixth of Scotland was defeated and
mortally wounded. For this victory he was created Earl of Surry.
Made Lord Lieutenant of Ireland in 1521, he suppressed a dangerous
rebellion, and afterwards commanded successful expeditions sent against
the French and Scotch. Justly great, however, as was his fame as an
admiral and commander, he was not less eminent as a statesman and
legislator. His great talents gave him considerable influence over Hen¬
ry, who, possessing talents himself, (though so shamefully perverted,)
could appreciate it in others ; and he was a leading member of the coun¬
cil during all the better part of that king's reign, which proved so disas¬
trous for England. Catherine Howard, the orphan niece of this Duke
of Norfolk, was brought up by her grandmother, the widow of that Duke
who commanded the British troops at Flodden field. What were the
manners of the higher classes of females three centuries ago, long before
fashionable boarding-schools existed, or the world was deluged with no¬
vels and romances, to bewilder the brains and confound right and wrong
in the heads of the giddy and unthinking; before a three months' emi¬
gration to London was thought of any more than operas, fancy balls,
masquerades, or waltzes 1 The wives of the Howards, the Greys, the
Percies, and the Russels, passed their time at their baronial castles,
* This was Bungay Castle, in Suffolk ; a small portion of the brick-work alone re¬
mains to indicate its scite. Many of the castles still possessed by this family are more
perfect, and in their frowning grandeur, sufficiently show their former impregnable
strength. '
THE TRUTH OP HISTORY.
41
surrounded by the vassals and tenants of their lords, dispensing with a
liberal hand a portion of that wealth which they knew to be derived from
the industry of these tenants; superintending the education of the vil¬
lage children; or presiding in the tapestry room, where the daughters of
the tenants and vassals admitted into the hall passed two or three years
of their youth, under the eye and immediate protection of its noble mis¬
tress.
Such were the female occupations of that day; and Catherine How¬
ard, brought up by one of the noblest and most virtuous matrons of the
kingdom, we find branded by crimes and vices, which could scarcely be
committed by the most unfortunate and degraded female inhabiting the
lowest perlieus of the metropolis,
" Made vile by want and prostitute for bread
a bill of attainder having been passed against the Queen upon charges
which a little examination will prove, to every unprejudiced person, to
have been wholly false. Another bill for misprision of treason was also
passed against the venerable Duchess of Norfolk, her grandmother; her
uncle, Lord William Howard, and his lady; against the Countess of
Bridgewater, and nine other persons of rank, for having been privy to
the Queen's vicious conduct and concealed it!! And who were the
paramours with whom Catherine, with the connivance of her guardians
and natural protectors, threw off all shame and restraint? Were they
princes, or persons of high rank and great power, the splendour of whose
name, though it could not have redeemed the guilt, might with some have
formed some plea for palliation ? On the contrary, we find them amongst
the lowest menials of the Duchess's establishment! No, this could
never be. Convents were not then done away with. Would she not
have been placed in one, where a life of privacy, of restraint and morti¬
fication, might have corrected her early errors ? Or would she not have
been placed under the superintendence of some vigilant and staid ma¬
tron, whose precept and, better far, example might have led her into a
better path? Would she have been allowed to reside with her relatives
to bring disgrace upon their names ? No ; the conspirators against the
life and (to woman dearer far) the fame of this unfortunate Queen, dared
not fix upon any person possessing station in society and reputation; for
then it would have been easy to disprove the impious lie ; so to the
charge of incontinence, Catherine has also had to bear the stigma of low-
minded, vulgar vice. They tell us Catherine Howard was very beauti¬
ful. Could she be so, if so really vicious ? It is goodness, intelligence,
and purity of mind which must stamp the seal of beauty on the brow,
and temper with the gentle grace of modesty, the lustre of the eye.
But to understand the origin of the plot against Catherine Howard,
we must take a cursory glance at the state of parties at that time. Ra-
pin says, " the country was at this time divided into two factions; one
VOL. VI. 6
42
THE TRUTH OF HISTORY.
which still wished for greater reformation, (spoliation would have been
a better word;) at the head of this was Cranmer." The other com¬
prised the great mass of the people, who still adhered to the religion of
their forefathers, who wished to see the church property remain with its
then possessors, who desired that the poor should continue to be relieved
from the abbey lands, and receive their due, the third of the tythes ; and
that the hospitals and colleges which Catholic piety and generosity had
raised and endowed so munificently, should remain to future ages to
adorn and benefit their country. At the head of this party was the Duke
of Norfolk, who, the historian tells us, " was as eminent for his merit as
for his high birth, and who, though during Cromwell's power he was so
submissive to the King's will as to consent to whatever he was pleased
to command, in private grieved at the late innovations in religion, and
could not endure either the Reformation or the Reformers." Rapin after¬
wards tells us " that Queen Catherine blindly followed the directions of
the Duke of Norfolk, her uncle, and used what power she had over the
King to support the credit of the enemies of the Reformation." Here we
see the true and only cause that brougl t her lovely head to the block.
The predominance of the Catholic influence in the councils of the
King was soon felt beneficially by the people. The pillaging of the
abbeys not only entirely ceased, but a portion of the wealth which had
been thus acquired, instead of being seized by Henry and his greedy
courtiers, was now appropriated to the erection of six new Bishoprics :
those of Westminster, Chester, Gloucester, Peterborough, Oxford, and
Bristol. It was in Peterborough cathedral that the ashes of Catherine of
Aragon reposed. Would this abbey have been made into a Bishopric had
the Protestants continued in power? Would one of the above Bishoprics
have been formed? No ; the whole of this vast church property would
have been seized by the Protestant reformers. Besides these, the prio¬
ries of most cathedrals, as Canterbury, Winchester, Durham, Worces¬
ter, Carlisle, Rochester, and Ely, were also converted into deaneries and
colleges of prebends. Besides, as if to disprove Hume, and those his¬
torians who dwell so much on Catholic persecution, we find " that al¬
though the King ordered the book of the Exposition of Christian Faith
to be printed, and prefixed an ordinance declaring all those to be heretics
who believed more or less than was contained in that book, which it
was not possible that all should conform to, yet it does not appear that
any person suffered upon that account in the course of 1541, which was
the year of the Catholic ascendancy.
During this year the King went to York to hold an interview with his
nephew, the King of Scotland; and it was whilst in that city, and in¬
fluenced by his Catholic advisers, that he issued out a proclamation that
all who had been aggrieved for want of justice should come to him and
his council for redress. " His aim," says Rapin, " was to throw all
past miscarriages on Cromwell, and put his subjects, particularly the
THE TRUTH OF HISTORY.
43
northern people, (amongst whom there had been numerous insurrec¬
tions,) in hopes of better times." Cranmer and the rest of the Reformers
had not accompanied the King to York ; they had remained in disgrace
in London, or at a distance from the court; therefore these, the only
popular acts of Henry after his divorce from Catherine of Aragon, can¬
not by any possibility be attributed to them.
But, thus banished from court and driven from the councils of the
King, what were the feelings of the Reformers ? They saw their oppo¬
nents triumphing in their disgrace : they must not only give up all hopes
of carrying on the work of spoliation and plunder, but they stood a
chance of being called upon to refund what they had already appropriated
to themselves ; or they must contrive some means to destroy the influ¬
ence of the Catholics with the King, and to kindle his wrath against all
of that persuasion who possessed credit and power. It would not do to
intrigue against any person comparatively indifferent to Henry, for
should they even be successful whilst Catherine possessed the King's
affections, other Catholic ministers would without doubt succeed those
in present favour. They knew well Henry's jealous and irritable tem¬
per ; they knew his fastidiousness with regard to female honour and
delicacy : on these they relied for the fortunate issue of their plot. Had
Catherine lived now, the press, with its three hundred newspapers, might
have saved her. Since his marriage, the King had daily blessed God
for the happiness he had enjoyed with his Queen; and during his jour¬
ney to York, to express his extreme satisfaction, his esteem and tender¬
ness for her, he enjoined the Bishop of Lincoln, his confessor, to draw
up a particular thanksgiving. Fond, however, as Henry is always ac¬
knowledged to have been of this wife, some part of the happiness he
enjoyed it is reasonable to attribute to his having escaped from the
councils of the Reformers, and to his being surrounded by those whose
object was to promote the happiness of the people, from which that of
the sovereign is inseparable.
It was during this visit to York that the Protestant plot against the
life of the Queen was planned; and on the return of the court to Lon¬
don it was put in execution, and a bungling affair it was, affording but
small credit to the genius for intrigue of its originators. John Lassels,
a brother to a discarded servant of the old Duchess of Norfolk, and
who, it is reasonable to suppose, was a Catholic, by his being in the ser¬
vice of the highest Catholic family in the kingdom, came to Cranmer, a
Protestant and persecutor of the Catholics, and told him in confidence
what he had heard his sister say respecting the lewdness of the Queen
previous to her marriage! Who would now credit such hearsay evi¬
dence ? We are not, however, told why, if this man ^Lassels) thought his
secret such a mighty important affair, he had not communicated it pre¬
vious to the marriage instead of about a twelvemonth after ; or why he
did not select some honourable Catholic nobleman to confide it to, instead
44
THE TRUTH OF HISTORY.
of Cranmer, whom, if a Catholic, he must have looked upon as little bet¬
ter than the arch-fiend himself. But such a one would have been rather
cautious how he gave credence to the slander of discarded menials.
Cranmer took upon himself the amiable office of undeceiving the
King with respect to the virtue of the Queen, and was near paying with
his life the penalty his baseness merited; for Henry disbelieved every
word of the statement made to him. Proofs must now be had, for the
conspirators stood in a perilous situation. Witnesses were sought
where alone they were to be purchased — amongst disgraced menials and
the lowest refuse of society. Bribery and corruption were set to work,
and it is not improbable that the wealth of which the Catholic church
had been despoiled, was now employed to bring the head of a beautiful
and innocent Catholic Queen to the block. Henry, we are told, burst
into tears when he was informed of the Queen's misconduct. But his
jealousy and violent passions made him fall into the plot of the Protes¬
tants ; their aim was now attained, and all the rest was easy.
Cranmer, his great supporter, the Duke of Suffolk, the Bishop of Win¬
chester, and Writhesley Earl of Southampton, who had shared so much
of the plunder of the church, who had gained possession of the property
and revenues of the Abbey of Winchester, and of the manors of Michel-
dever and Stratton, once the private property of the immortal Alfred,
were the persons appointed to examine the Queen. What justice had
she to expect at such hands 1 When first accused, we are told she de¬
nied all guilt; but on her second examination she is said to have con¬
fessed, though neither the bill of attainder passed against her, nor the
journals of Parliament state what she confessed. She was condemned
by a secret tribunal, in direct violation of the laws of the country, and
the members of which were the bitter enemies of her religion and of her
family, instead of being tried, according to law and justice, before the
peers of the realm. She was found guilty upon such evidence as would
not be received in a court of justice in the present day, without a single
advocate to plead her cause and demand for her justice — not even
two "such doughty heroes " as kept together in their chivalry,"* on a late
similar occasion.
The venerable Duchess of Norfolk was condemned to be beheaded
for not informing the King of her grand-daughter's incontinence before
marriage ; but this act was so odious to the nation, that it was thought
pj0ident*not to put it into execution, and the Duchess only suffered a long
imprisonment. But the scaffold was deluged with blood, amongst which
streamed some of the noblest in England. The name of Catherine
-Howard has been finked with infamy, and to the success of this Protes¬
tant plot may be attributed all the penal statutes and cruel persecutions
*.„.*In,one of Lord Denman's speeches, alluding to the trial of dueen Caroline, he
said, he and Lord-Brougham " had kept together in their chivalry."
THE TRUTH OF HISTORY.
45
that the Catholics endured in England and Ireland for near three hun¬
dred years.
The King was now again surrounded by the Reformers, and this was
soon manifested by the recommencement of the work of plunder. There
were in England, before the Reformation, according to the estimate made
by Cardinal Wolsey, six hundred and forty-three monasteries and three
hundred chapelries. These had an income of above a million and a
half, and maintained fifty thousand religious persons, besides succouring
and relieving as many more, consisting of the aged, the poor, and the
infirm. The hospitals and colleges had not yet been plundered, and
there were then ninety colleges and a hundred and ten hospitals. To
pave the way for seizing the revenues of these, no sooner was the af¬
fair of Catherine Howard settled to the wishes of the Protestants, than a
law was passed, by the same parliament which had passed the bill of at¬
tainder against her, to annul the local statutes of colleges and hospitals.
The Reformation, as it is called, went on gloriously; and that Cranmer
and his worthy associates might have nothing to fear from the influence
of any future Catholic Queen, they took care that Henry's next wife
should be a Protestant, and as zealous a reformer as they could desire.
It is interesting to remark how comparatively unimportant and local
events produce effects that sway for centuries the destinies of nations.
It might be an amusing flight of fancy to trace the probable destiny of
England had this Protestant intrigue failed. Had Catherine Howard
lived and retained the affections of her husband, the ninety colleges and
hundred and ten hospitals might have still existed to benefit and adorn
the country; Prince Edward would have probably been confided to the
guardianship of Catholic nobles, and the Protestant calendar would then
have lost this " sweet young saint." Elizabeth, whose religion was ever
political, influenced alone by interest or policy, and who became a Pro¬
testant because the Catholics never acknowledged the legality of her
mother's marriage, nor consequently her legitimacy, would have turned
Catholic to rule over a Catholic nation. The revolution which brought
Charles the First to the block, and which, on the part of the people, was
but the reaction springing from the cruelties and persecutions they had
endured during the three preceding reigns, would never have taken place ;
the blood of thousands upon thousands of innocent persons, shed the
hundred years succeeding Catherine's death, and during that worst of
all scourges, a civil war, would never have been sacrificed; England
would not have been under the necessity of sending to Germany for a
German prince to come and rule over them. With William the deliverer
came the debt, which, under the Hanoverian dynasty has been gradually
progressing from one million to eight hundred millions sterling, and
which is pressing like an incubus upon this rich, beautiful, and, spite of
mal-administration, happy country.
That the historians distinguished for learning, research, and philosophy,
46
THE TRUTH OF HISTORY.
who have written on the interesting reign of Henry the Eighth, should
have all credited the improbable charges against Catherine Howard,
without investigation, is singular. The writers of English history, du¬
ring the last fifty years, have, for the most part, copied their statements
from Hume; but Hume is, in many cases, chargeable with having
perverted the truth. An infidel in religion, it is natural to suppose he
would have been impartial in relating the religious feuds of the different
Christian sects. Viewing the Catholic religion as established in Eng¬
land before the Reformation, devoid of the good it produced, as condu¬
cive to the happiness and prosperity of the people, he considered it a
magnificent and all-powerful system of superstition, raised by imposture
and maintained by fraud, where the people were the prey and the dupes of
a priesthood composed of greedy hypocrites and artful knaves. He hailed
the Reformation as the grand blow struck against the Catholic religion ;
no new system, all-omnipotent as that had been, could ever succeed it.
He espouses, therefore, all the way, the side of the Reformers ; he exults
over their deeds of spoliation and destruction, as paving the way for the
final overthrow of Christianity. By assuming the right to judge divine
revelations by human judgment, he saw the giving rise to multitudinous
sects, which must weaken the power of the church, and by the singularity
of some of the tenets maintained, and the sectarian bigotry and illibe-
rality to which they naturally would give rise, offer to the infidel his
strongest arguments against revealed religion.
I shall be asked if I mean to charge Hume with knowingly perverting
the truth. That he suffered his prejudices to interfere with the correct
statement of facts, few of his readers who are at all acquainted with his¬
tory will deny.
By omitting dates, and by a little ingenious arrangement in the order
of narrating the events of this reign, the readers of Hume would be led
to believe that many of the odious deeds of the reformers were perpe¬
trated by Catholics, or at least whilst Henry was guided by his Catholic
advisers. He says " that the King's councils being now guided by Nor¬
folk and Gardener, a furious prosecution against the Protestants took
place, and fhe law of the six articles was prosecuted with rigour." This,
as has been before shown, is wholly false. He next relates the breaking
out of the insurrections in the north, and continues — " The rebels were
supposed to have been instigated by the intrigues of Cardinal Pole, and
the King was instantly determined to make the venerable Countess of
Salisbury, who already lay under sentence of death, suffer for her son's
offences." By relating this after the account of the marriage of Henry
with Catherine Howard, making (he Duke of Norfolk, the talented and
honest leader of the Catholic party, instrumental to the death of the
venerable Countess, who had already endured so much suffering, impri¬
sonment, and persecution, rather than become an apostate to the religion
of her fathers; who had seen, for that cause, one son lay his head upon
THE TRUTH OP HISTORY.
47
the block, and another son, the learned and good Cardinal de la Pole,
avoiding such a fate only by having escaped to voluntary banishment.
Now, what were the real facts a reference to dates will soon prove to us,
and place the guilt of these atrocious deeds upon other shoulders, a re¬
forming saint too! It was the grand despoiler of the convents, Thomas
Cromwell, that caused a bill of attainder to be passed against the Coun¬
tesses of Salisbury and Exeter more than a twelvemonth before his own
fall; and the deaths of these two virtuous and venerable ladies were the
last acts of his power. The Countess of Salisbury was beheaded May
28, 1540, in the seventieth year of her age, exactly two months before
Cromwell was brought to the same block, to suffer that death he so rich¬
ly merited, and which it would have been happy for England that he had
met many years before. He was executed July 28, 1540. Henry de
la Pole, Lord Montecule, was beheaded in 1538. The marriage of
Henry with Catherine Howard was solemnized August 8, just eleven
days after Cromwell's execution. His passion for Catherine had, how¬
ever, led him to give ear to the councils of the Duke of Norfolk; for it
was this nobleman who, sanctioned by Henry, brought the accusations
against Cromwell in the House of Peers. Not a person stood up in his
cause but his every way worthy colleague and successor in the work of
pillage, robbery, and murder, Cranmer, who wrote to the King in his fa¬
vour, for he felt they were embarked in the same precious cause.
The fall of Cromwell is generally attributed to the King's disgust with
Ann of Cleves, his marriage with whom was the work of this minister.
But Henry may be well exonerated from such an act of capricious tyran¬
ny. The son of a blacksmith of Putney, who had raised himself, by
cringing servility, to the highest and most powerful offices in the king¬
dom, attained immense wealth by the plunder of the church; the subser¬
vient tool of the King in every act of oppression, cruelty, and tyranny,
it is reasonable to suppose that Cromwell was hated by the people, and
detested and despised by the ancient nobility, scarcely one of whom but
had suffered from his insolence and tyranny. Numerous were his acts
in direct violation of the laws of the country, and which subjected him to
the charge of treason; and though for many of these acts he had the
King's sanction, yet, as in the attainder of Empson and Dudley, at the
commencement of Henry's reign, and lately in the trial of Polignac and
his associate ministers of France, the King's sanction cannot exonerate
a minister for illegal acts and a violation of the laws of his country.
As soon therefore as the Duke of Norfolk found that through his
niece, he had been restored to the King's favour and confidence, his first
act was to impeach and bring to condign punishment the cruel and rapa¬
cious Cromwell; for which act he doubtless received the approbation
and thanks of every good and honest man in the kingdom.
It is not, however, my intention to enter upon the discussion of the
errors on important points of history committed by the philosophical
48
SONG.
historian, the author of by far the most popular work on English history;
errors, for the most part, springing from prejudice, his dislike of the
church, his staunch support of kingly prerogative, and endeavour to exalt
it above the independence of the church, the privileges of the nobles, and
the liberties of the people. He passes over, with almost contemptuous
briefness, the history of the Saxons, as of a race of barbarians unworthy
of his learned acumen — those Saxon princes who laid the foundation
of England's future greatness, under whom that constitution was formed
of which Englishmen are so justly proud, and whose constitutional love
of liberty may be more peculiarly traced to their Saxon origin. Hume's
vindication and palliation of the Stuarts was but perhaps natural in a
Scotsman, but a philosophic historian should know no prejudice of coun¬
try ; he must be content to write for the few of his own era, secure of
the suffrages of the many of a future age. For ourselves, we seek only
to vindicate one, whom, in sincerity and truth, we believe innocent and
fearfully injured. Acknowledging with gratitude all the blessings man¬
kind derive from the Reformation, our whole soul revolts at the means
by which that good was accomplished. " Do not evil that good may
come of it," is one of the first maxims of morality and virtue; and we
execrate the bloody deeds of Cromwell and Cranmer, as every enlight¬
ened Catholic of the present day must execrate the massacre of St.
Bartholomew's day.
SONG.
In sunny youth the minstrel lyre
To notes of joy are strung,
And o'er each gaily answering wire
The boy enchanted hung.
His hope was free, his heart beat high,
For she, his lady love, was nigh ;
And tenderly her melting eye
Beamed on him as he sung.
n.
In sunny youth to pleasure's breeze
We set our silken sail,
And lightly borne o'er summer seas,
Her fairy islets hail.
The skies are alway cloudless there,
The fragrant bowers are bright and fair,
And music in the balmy air
Is heard o'er hill and dale.
hi.
Ah ! sunny youth, in distance beaming,
A light spot on the sea,
O'er wintry billows faintly gleaming,
We still look back on thee.
Wisdom points to scenes sublime,
But as her glacier snows we climb,
How blest appears youth's summer time
Of love and poesy.
49
THE AUTO-BIOGRAPHY OF WASHINGTON WILDING.
"Some play the devil, and then write a novel." — Byrok.
The Englishman who shot himself because he was- tired of the eter¬
nal monotony of buttoning and unbuttoning, was a fool for his pains.
The very worst thing you can make of life is to make an end of it.
There are occasions, indeed, when every man feels as if he would leave
orders with his servant at night to shoot him the first thing he did in the
morning ; but he must have a vulgar spirit who indulges a whim so com¬
mon. I never, for my own part, really made up my mind to any thing
of the kind but once ; and then I fancy my taste was peculiar and gen¬
tleman-like.
I stood by Niagara. The grandest image of Power that nature has
produced was before me. Of Potver, I say, for with that are associated
all my ideas of the sublimity of Niagara. It is the volume of waters
that it pours, and not the height from which they fall — it is the accumu¬
lation of the mighty mass, and not the position in which accident has
placed it, that strikes and overwhelms you—it is the fact of whole oceans
being brought before the eye at one glance, and not the circumstance of
their changing their level, that gives its majestic character to this stu¬
pendous scene. It is to the image of Almighty Power — it is to the type
of Him who holdeth the waters in the hollow of his hand, that the soul
bows in humility or lifts itself in sublimated awe. Here is the spot of
all others upon the broad earth — and I have travelled it widely — where
the nothingness of human pride comes home upon the heart: where its
hopes and its struggles — its aspirations after good and its conflicts
against evil — its dreams of distinction and its repinings at obscurity—
its hard wrestlings with the doom to which it is fated, sink into their na¬
tive insignificance, when compared with the operations of the immortal
Mind that is for ever developing itself around us.
" And what," I thought, as I reflected upon the paltry part I was play¬
ing in the paltry drama of human existence, " what are the joys and the
sorrows, the groping faculties, the misapplied energies, the feeble yet
frenzied workings of a soul like mine to liberate itself from the bonds in
which it writhes as in the grasp of death, to that Power who, in the infi¬
nitude of his resources, thus lavishes such a display of his might upon a
wilderness ? Can the position of such an atom as myself have been
studied in the combinations of a universe ? Can the destiny of aught so
insignificant be involved in a plan so stupendous ? Can the discordant
and unsympathizing soul of a being so isolated be cared for in the har¬
mony of creation ? It were balm to my jarring existence to repose but
for an instant upon that full and billowy tide — there where the soft
vol. vi. 7
50
AUTO-BIOGRAPHY OF WASHINGTON WILDING.
waters glide in their emerald depths so smoothly to the gulph below.
It were joy to me to revel one moment in the boiling surges into which
they break, and then, like the foam upon their surface, be swept away
to oblivion for ever. It were but why, self-deluding fool! slave of
thine own sickly fancy ! why dost thou let the happy impulse that prompts
thee ooze away in sluggish musings upon the fate thou craves! 1 A sin¬
gle plunge, a single sway of thy person as now balancing upon the brink
thou standest, and the wild fever of life is cured forever!" .1
looked to the bright blue sky — I looked to the green woodland and dewy
earth around me — I looked on all I could lament to leave — I looked
on that for which I left them all — and the proud wave seemed smiling
as if it wooed me to its embrace. I looked at my own bowed frame,
the unworthy offering to a bride so noble ; and I thought with a delirious
joy how freely my time-stiffened limbs would dance again upon those
toppling breakers.—I wondered whither the gleesoine current would
whirl the waif that was cast upon its bosom. — I thought of the savage
rocks beneath it, and wondered what strange contortions my form
would be twisted into before it was flung again to the surface.— I thought
of the hidden eddies which are said to writhe and turn a hundred feet
below the boisterous tide that sweeps so insolently above them, and won¬
dered whether it would ever come up at all; and then I wondered what
the coroner's inquest would be if it did! I looked at my shabby shoot¬
ing jacket, and linen torn and soiled by struggling over rocks and through
the thickets along the river's bank, and I remembered having called for a
negus just before leaving the public room at Forsyth's ; and now palpa¬
bly, as if of Dearborn's best printing, I read the following paragraph
against the precipice of Goat Island opposite :
" We learn from the Niagara-Democratic-Thunderer-and-Anti-Alco-
" hoi-Cascade, that the body of a man, who had evidently been some
" weeks in the water, was lately fished up opposite Queenstown. The
" deceased, from the condition of his apparel, was evidently a person in
" the obscurer walks of life ; and the testimony adduced upon the coro-
" ner's inquest made it but too apparent that he was only another vic-
" tim to the liquid scourge of our glorious republic."
Phoebus Apollo! and was it thus that the epitaph of Wash Wilding
was to be written ? was he not only to be damned in the opinion of the
sex by the recorded questionable condition of his under raiment
— but must the only notice of his fate be supplied by the cant of vulgar
fanaticism? Forbid it every planet that presided at his birth — forbid
it each star that trilled in gay chorus when such a lover of your music
was born: — and thou, old tide-compeller! chaste huntress of the empe-
rean, who rovest in thy virgin freedom, cold, immaculate and changeful
as when thou flirted'st with the Carian shepherd three thousand years
AUTO-BIOGRAPHY OF WASHINGTON WILDING.
51
ago — thou, by whose light alike red murder bares his arm, and longing
love pours out its wistful lay — forbid it, thou pale witness of many a
ruthless deed, soft listener of many a melting tale, breathed to thy spin¬
ster ears alone!
"No, no," methought; "not thus, not thus should we fling the
worthless weed away; let it toss but awhile yet upon the careless gale,
and even in perishing it may enrich the soil it once encumbered. The
recorded experience of the most insignificant being — the anatomised
heart of the obscurest individual, — if the record be but faithful, the self-
dissection fearless, — were no mean legacy to leave to the world; and
the humblest minds, like stars, which are noted only when they fall, may
still yield a ray of glory at the last. I ivill attempt my life, but it shall be
by auto-biography." And with this satisfactory termination to my re¬
flections, I returned, in tolerably good humour with myself, to my inn.
Upon reading over what I have thus far written, it has occurred to me
that the light tone in which the principal incident is detailed might give
pain to my graver readers, if any such I chance to have.
" Can it be possible," they ask each other, " for a thinking being to
pass through such a crisis of his existence, without its inspiring some
one harrowing reflection, some one feeling of a more serious character,
than any by which he appears to have been actuated in making so
strange a confession!"
My answer to this shall be brief and simple ; those to whom it proves
satisfactory will probably go on with my story; those who object to it
had better throw me aside altogether, for if we do not now, we never shall
understand each other, and the reader and I had better part company at
once. My answer is, that though for my own amusement I choose thus
to fling the acts and scenes of my life before the public, yet that my
feelings and reflections are mine own; that I cannot and will not bare
my bosom to mortal man, except so far as a revelation of its secrets shall
minister to what others are at liberty to consider the gratification of my
own humour and caprice. There are some feelings too sacred and holy
to be uncovered to the world under any circumstances ; there are some
emotions with which we dare not tamper; there are passages in our
lives which should be only between ourselves and Heaven!
And now, if the reader has discovered from this commencement that
I am one who has both thought and acted, though I have never written,
he will perhaps be willing to follow me in the details of a life which,
though neither long nor distinguished, has not been void of incident nor
wanting in interest.
It was just after the breaking out of the war of 1812 that I found my¬
self, with two or three other young Virginians, a matriculated student of
an obscure New-England college. I was then about seventeen years
52
AUTO-BIOGRAPHY OF WASHINGTON WILDING.
of age, proud, shy, and reserved, with nothing to endear me to my com¬
panions except a certain hardihood and activity in field-sports, which al-
way, more or less, secures the favour of the young; and little to
awaken the partiality of my teachers, except the quietude of my habits,
which had nothing in common with those of many a mad youth around
me. There was not one among them with whom in age, taste, or feeling
I had aught of sympathy. My years, indeed, were matched with most of
theirs ; but I was younger, and yet older, than all of them. Younger in
action, in experience, in that self-confidence which, while it stamps the
only decided impress of manhood, can spring alone from action and ex¬
perience. My faculties had never been tested by collision; my
knowledge of character, whether of others or of my own, had never been
shaped even by the society of those of my own years. My mind was
developed in undue proportions ; and at an age when the imagination is
just beginning to be active, mine had travelled so far beyond the usual
limits that it was doubtful whether judgment would ever overtake it.
Love, Philosophy, Religion! —there was not a form of them — there was
not a realm of feeling or fancy that it had not explored. And yet, bold
as were its sallies into the ideal world, my mind had the shrinking weak¬
ness of a child's when forced into contact with the tangible realities
around me. They called me haughty and conceited ; and yet there
was not a thing that I did but in doubt, not a sentiment I uttered but
with the most painful diffidence. I distrusted every thing in relation to
myself, except the knowledge of my most unmanly weakness; and so
completely did I despair of remedying a defect which seemed an essen¬
tial part of my nature, that I only attempted to conceal what I believed
it impossible to cure. I was willing to pass for the reserved and impe¬
rious youth that others thought me ; I was willing to forego the indul¬
gence of those social feelings which had warmed some of the most
darling dreams of my romantic fancy, so that the knowledge of my pecu¬
liarities could only be kept from others.
Born to an ample estate and with no caprices to consult but my own,
I might perhaps have lived and died without having a mental energy de¬
veloped, save those which promoted this dreaming and chrysoline exis¬
tence. But circumstance, " the nurse and breeder" alike of good and
evil—the talisman that evokes character alike from the palace and the
cottage—that makes a hero of a menial and moulds a sybarite into a
martyr — circumstance determined for me where my own disposition
would never have suggested a motive of action.
It was soon after the lamentable affair of Gen. Hull had been bruited
abroad through the country, awakening everywhere mingled feelings of
grief, dismay, and indignation, that the students of our college, were one
Sunday collected in the village church, whose white spire shot above
the elms that surrounded it, within a few yards of the institution. The
discourse of the preacher was suggested by the then alarming condition
AUTO-BIOGRAPHY OF WASHINGTON WILDING.
53
of the country, and the fervid puritan dwelt upon the duties which be¬
came each citizen of the republic at such a crisis, with an emphatic
sternness which would have put some thoughts of iron into the most
fainting bosom. He commenced, I well remember, by deploring the
original declaration of hostilities, which he averred was based upon
grounds that at the least were questionable. But he insisted that, how¬
ever good men might have wished to keep off so calamitous an event, yet,
as it could only overtake them at last by the consent of Providence, it
was their duty not to shrink from its decrees under any extremity ; that
it was the will of Heaven that we should pass through another trial like
that our fathers had endured, and it mattered not whose act had precipi¬
tated the moment of that trial; that our duty to God and our country
alike required that we should now fling all thoughts but of them behind
us ; that we should go forth as one man to meet the invaders of our
soil, and leave the rest to Him whose blessings descend alike in the
sunshine and the storm, at the unsullied altar and upon the blood-stained
battle-field!
The clear note of a bugle rang through the village as the patriot cler¬
gyman here paused to add the final blessing of the service. The tramp
of armed men was heard in the threshold of the church, and the summer
breeze that floated through the open porch unfurled the proud standard of
our country as, with uncovered heads, a band of regulars formed in silence
before the door. The lips of the preacher had not begun to move in
prayer, as with uplifted hands he bent forward toward the glorious
emblem of our Union, before the young and the old, the sturdy
yeoman and the strippling student, the bright village maiden and her
hoary sire rose, as by one impulse, to their feet; and not an eye in that
assembly but glistened, not a heart but vibrated while their pastor
poured forth his thrilling appeal to Heaven for a blessing on that banner
wherever its folds might wave.
The congregation was dismissed. The recruiting party — for such it
proved to be — filed slowly away from the church door, and winding
down a green lane hard by, soon disappeared behind the copses by
which it was skirted. The rustic equipages of the farmers who lived
remote from the meeting-house were drawn from the low shed beside it,
and as each received its freight in decorous silence they trundled off at
measured intervals through the main street of the village. The young
men only of the congregation appeared to linger about the church, as,
grouped here and there beneath the cloistered boughs of the ancient
elms, they were engaged in low and earnest discussion. At last these
also disappeared, and though the light laugh of some giddy maiden might
reach the ear, as her white dress fluttered for a moment above the stile,
while taking her way homeward across the fields, yet the calm of a New
England Sabbath soon settled over the place, and left the landscape to
the repose of summer noontide.
54
AUTO-BIOGRAPHY OF WASHINGTON WILDING.
Five days afterward, and what a different scene was there presented!
A company of raw volunteers was forming upon the green esplanade in
front of the meeting-house, preparatory to taking up their line of march
to join the Northern army, whose active campaign had just opened.
There were but sixty of us altogether; and though among them were
several students from other parts of the Union, yet the majority were
the flower of the youth of the adjacent country. The oldest could not
have been more than twenty, and scarcely one of the number but had a
sister, a mother, or some other near and anxious relative pressing nigh
to take, what might be, a last farewell.
The little town of had never before beheld so martial a display,
and the simple inhabitants congregated about us with mingled looks of
solemnity and pride. They were grave at the thought of so many of
their young towsmen being withdrawn from their number, and yet proud
of the array of stalwart youths which their village was about to send
forth to the armies of their county.
"I guess Uncle Sam has few likelier chaps to fight for him than old
Seth Mather's two sons," said Deacon Spires to an ancient but still sturdy
farmer, who stood looking upon his two boys with an air of stolid satis¬
faction mantling his honest features.
"Why, it requires no fool, Deacon," replied the father, " to see that
them lads have got the stuff about 'em. Job, though he'd never take
to his larnin, knows enough, I'm thinkin, to make a soger; and Asahel,
if he's as good a hand at a bagnet as he has at a fish-spear, may as
well become a capting as his gran'ther before him. I'm hopin, Deacon,
it will all turn out for the best, but old Seth would have been more
pleased if the young varmints had taken their axes and a yoke of oxen
and gone out to the Genesee country. What do you think, squire,"
added he, turning round to a sallow, lawyer-looking personage who,
with his feet cocked up upon the sill, sat quietly smoking his segar in a
window hard by — " Do you think Congress won't grant some land to
those lads when they're got through soldiering 1"
The roll of the drum broke in upon the opinion which the lawyer
was cautiously preparing to give while he brushed the ashes from his
segar, and the old man sprang forward to grasp the hands of his sons as
the order " Attention" called them to their places in the line. But the
command had to be more than once repeated before the new levies could
be brought to obey it. There were farewells yet to be wept, and bless¬
ings and injunctions that might have been protracted for ever, had not our
captain, a young medical student of singular firmness and decision, cut
short the delay by giving the order " march" in tones that no one cared to
disobey. The assemblage fell back to make way for us, and then, while
the old people drew near to each other to shake their heads and pro¬
phecy as to the result of " such doings," the younger portion hurried off
to station themselves upon a green knoll, round which we must pass in
AUTO-BIOGBAPHY OF WASHINGTON WILDING.
55
making our final exit from the village. A noble wych elm drooped
over the road immediately in front of this spot, and here, beneath the
canopy of pendant branches, a group of village girls, arrayed in white,
were collected to pay us a parting compliment. They had prepared a
little ceremonial to be gone through with while presenting us with a flag
which had been worked by them from materials provided by the select¬
men of the town. But alas ! when our detachment halted to receive the
parting present, the speeches prepared for the occasion were wholly
wanting, and all the theatrical display which they had studied yielded
like frostwork before the gush of real emotion. The youngest of their
number, who were mere children, did indeed fling a few of the garlands
with which they were provided in our path; but the wreaths of those
whose brothers and lovers were leaving them, perchance never to return,
were neglected, as with looks of concern they clustered around the sob¬
bing girl who had been deputed to play the principal part in the scene.
The youth who was to receive it, Winthrop Grey, — I remember him
well, for he was afterward brained by the same shot which gaye me my
first wound, — was hardly less affected; but though his lip quivered
and his eye glistened, yet his look was as proud and his tread as firm
when he stepped from the ranks to receive the flag, as if not a feeling for
her that held it were tugging at his heart-strings. There had been some
love-passages between these young people, and both were blamed be¬
cause they had not lead to a betrothal of the parties. Some said that
Grey's now joining the army was a cruel desertion of his old sweetheart;
and others insisted that her coquetting with the students had driven him
away from his native village. Caring little for such gossipred at the
time, I should hardly have recollected so small a matter except for the
queer coincidence of the girl's being married on the very day that her
lover was slain, some two months after the scene here commemorated.
At this moment, however, the emotion of the lady was not less than that
of the young Ensign. The banner was received with a mute military
salute ; and the choral strain with which the simple-hearted villagers at¬
tempted to conclude their unsuccessful ceremonial, died away in silence
before the flourish of our music could echo with a more joyous note its
failing cadence.
An hour after and a rapid march had carried us far from these scenes
of rural quiet and college seclusion, while the woods resounded with the
jest and laughter that were continually breaking from our fresh and un¬
disciplined ranks.
END OF CHAPTER I.
56
THE LEGEND OF SAN DOMINGO DE LA CALZADA.
PROM THE GERMAN OF A. VON TROMLITZ.
One morning I attended Donna Zoa, the fair daughter of the physi¬
cian in whose house I was quartered, to the chapel of La Calzada. I
knelt reverentially by the side of my lovely companion, gazed in her
dark dazzling eyes, bowed respectfully as I touched her full round arm,
and placed my hand solemnly on my sinful heart when the officiating
priest elevated the venerabile. But even during this sacred ceremony
my glances sought Donna Zoa, and as I beheld her zealously beating
her beautiful bosom with her small and delicate white hands, my ima¬
gination was rapidly straying into errant flights, when the crowing of a
cock close behind me roused me from my delicious day dreams.
I looked around, and to my astonishment beheld a snow-white chan¬
ticleer, and a hen of similar feather, confined in a gilt cage that was sus¬
pended from one of the pillars of the gallery. The watchful bird, having
now commenced crowing in earnest, appeared to be wholly unable to
cease sounding his shrill clarion, and continued to prolong his larum
with perpetual iteration.
" In the name of all that's wonderful, my dearest Seilora," said I,
when we had returned home, and I found myself again alone with the
sweet little Donna, " how came yonder cock and his partner to be domi¬
ciliated within the walls of your consecrated chapel I"
" What, dost thou not know that?" said the pretty devotee, with a
look and tone of surprise, " though thou art already two days a resident
of La Calzada!"
" Verily I do not, fair maiden," replied I; " and if the bird had not
instinctively mistaken me for St. Peter — for my heart too was at the
moment about to desert and deny the heavenly symbols presented by the
priest, for the lovely earthly object that entranced my sight — had the
admonitory creature not crowed, I should very probably have departed
from La Calzada without discovering the singular fact, and of course
have remained ignorant of the reason for this pious preservation of the
fowls."
"Well then," lisped she, looking archly the while, "if thou wilt be
duly attentive, and not vex me with perpetual interruptions, as thou didst
yesterday while I was playing to thee on my guitar, I will relate the re¬
markable history of the feathered pair. But, prithee, be seated; here
stands an arm-chair."
I obeyed, and she began: —
" A long, long time ago, a young man, named Domingo de la Villa
Real, arrived with his parents in this city, on a pilgrimage to our Lady
LEGEND OF SAN DOMINGO DE LA CALZADA.
5 7
of Logrogno. Here the father fell sick, and they were compelled to
suspend their journey. The son and his mother were naturally deeply
distressed by this occurrence, and visited the chapel daily to implore
the Holy Virgin for the speedy restoration of the poor patient's health.
There one day Donna Josepha, the daughter of a rich jeweller, saw
Domingo as he was engaged in earnest prayer; and while she gazed at
the handsome and pious stranger, the devil obtained such a mastery
over her mind, that she became deeply and desperately enamoured of
the youth. Day after day did she visit the holy house to see the beloved
object for whom her heart languished; and daily was her passion aug¬
mented. Nor did her folly and infatuation end here. Having made
herself acquainted with the domestic concerns and situation of the family,
she supplied the wants of the sick father, visited and nursed him, and did
for him whatever the invalid's condition seemed to require. Domingo
regarded her as an angel of light, and when he waited on her to thank
her, in his own and his parents' behalf, for her manifold kindnesses and
attentions, he expressed his gratitude with such animated eloquence,
flowing from an ingenuous and sensitive heart, that the silly maiden con¬
strued his fervid language and glowing eulogistic phrases into a declara¬
tion of love. Unable to restrain herself longer or suppress her feelings,
she yielded to the sway of her passion and avowed the uncontrollable
affection for him which was raging in her bosom with consuming ardour.
But what was her astonishment when Domingo coldly, and with an earn¬
est solemn voice, told her that his heart and attachments were dedicated
exclusively to our Lady Mother, and dead to every feeling of earthly
love. That she "
" Oh, the fool!" exclaimed I, transferring myself from the chair to the
sofa on which Zoa sat, and winding my arm around her slender waist —
" the fool! how could his heart be cold and insensible to the glowing
love of an angelic woman, a heavenly creature! Had this occurred
with us — and Josepha, lovely Senora, could not have been half as fair
as thou — the Virgin and all the saints in the calendar had been instantly
banished from my heart to make room for thee !"
Zoa moved gently from me, yet without altogether severing the per¬
sonal contact. " Heretic !" cried she with a severe voice, — " wouldst
thou forget the holy Virgin, and desert a heavenly for an earthly love ?
But," proceeded she, recovering herself, and resuming the narrative
tone, '' interrupt me no more, if thou wouldst have me finish my story."
" When Domingo had said to her all that his pure heart suggested on
the occasion ; when he had depicted to her heaven and hell, purgatory
and paradise, he took leave, hurried to the chapel and prayed, not for
his sick father, but for the infatuated and erring Donna Josepha — be¬
seeching the Virgin Mother to free her heart from sinful passion and fill
it with chaste and virtuous aspirations.
" Days elapsed, and Josepha saw him only at chapel. The frowning
58
LEGEND OF SAN DOMINGO DE LA CALZADA.
countenance of the Madonna on the altar-piece could not purify her de¬
sires, nor detach her affections from the pious young man. The flame
of her passion, constantly fed in secret, steadily increased ; and when
ultimately the suffering father became convalescent, and Domingo called
once more to repeat his thanks for the many favours she had conferred,
her feelings again broke forth in an avowal of continued and unalterable
affection. Domingo repeated his former declaration, and admonished
her to control her perverse inclinations. But, unable to suppress or
check the tempest of her passion, she threw herself on his bosom and
declared that, separated from him, she could not enjoy happiness in this
world.
" Domingo continued firm and unmoved. Replacing her in her chair,
he compared her to Potiphar's wife and himself to Joseph, denounced
the vengeance of heaven against her if she persisted in the indulgence
of her unholy desires, and then left her with scorn. But where is the
female love that could endure contempt without being converted into
hate 1 Domingo's reproaches and bitter taunts banished affection from
the bosom of Donna Josepha, and—ah! Satan is ever busy with the souls
of poor mortals, when he finds them straying in sinful paths—she secret¬
ly slipped a valuable gold chain into the youth's pocket, as he departed.
" Placidly conscious of his pure love to God and the Yirgin, and re¬
joicing in the restoration of his father's health, Domingo, attended by
his parents, had resumed his journey to Logrogno, when the officers of
justice overtook, seized and searched him. The gold chain was found
in his possession, and he was consequently carried back to the corregi-
dor of La Calzada and arraigned for the theft. All his asseverations of
innocence availed him naught. The chain found on his person was
conclusive evidence of his guilt. He was convicted of the crime, con¬
demned, and executed. Josepha — the cruel, revengeful Josepha —
saw him led to the gallows, and exultingly beheld him die!"
" Oh! can woman be so hard-hearted and unfeeling 1 Can she com¬
placently murder what she fondly loved 1" exclaimed I, and, probably to
revenge my sex's wrongs, I pressed Zoa closely to my heart and im¬
printed a burning kiss on her lips.
" Senorcried she, pettishly, and sprung up from the sofa. But
immediately bursting into a loud laugh, she resumed her seat, saying —
" Thou, Senor, I am more than sufficiently assured, wilt never be con¬
demned to the gallows for insensibility to lady-love or cruelty to a female
heart. But keep thyself still and remain quiet, or I shall never get
through with the legend."
I complied, and she proceeded :—
" The distressed and heart-broken parents of Domingo departed again,
after his execution, and journeyed to Logrogno ; where they performed
their vows to the Yirgin, and, assured of their son's innocence, prayed
for the repose of his soul.
LEGEND OF SAN DOMINGO DE LA CALZADA.
59
" They then started to return to their distant home. But, influenced
by love for their lost child, they resolved to visit once more his mortal
remains, which yet, conformably to his sentence, swung aloft in the air,
an object of awful admonition to sinful men and of enticing allurement
to hungry ravens. They approached and knelt beneath the gallows, and
while their fervent prayers ascended to heaven, they heard a voice from
above, saying — 'I, your son Domingo, am not dead ! I live, protected
and preserved by the power of the Holy Mother ! Go to the corregidor;
tell him to remove me from this ignominious exposure, and tyid him sus¬
pend the wicked and abandoned Donna Josepha here in my stead ! Ye
hesitate, in doubt and fear ! Have ye no faith 1 Obey my words, my
beloved but incredulous parents !'
44 The mother looked up, trembling with terror; but her son hung there
stark and stiff as a corpse. No sign of life or animation could be per¬
ceived. Yet, trusting to the voice from above, the parents went to the
corregidor, whom they found seated at the dinner-table with his boon
companions, preparing to enjoy the savoury dishes that were smoking
before them.
in Worshipful sir,' said the mother to the testy officer, 'I would re¬
spectfully request you to cause my unjustly executed son, my dear Do¬
mingo, to be taken down from the gallows, that his innocence may be
made manifest and proclaimed to the world; for, by the goodness and
power of the Holy Virgin, he yet liveth. And I would further desire
you to cause the wicked and revengeful Donna Josepha to be hung up
in his stead. Thus am I commanded to say by a voice from above.'
"4 Old Hecate!' exclaimed the corregidor, in a towering passion,
4 dost thou dare to disturb me at my dinner, and venture in this presence
to impeach the justice of my judgment 1 Begone instantly, or I will or¬
der you to be hung also, to keep your rogue of a son company!'
" But the old lady approached him with a confident look and firm step.
4 Sir,' said she, 4 when heaven commands, it is your duty to be silent and
obey! I repeat it, my son is alive !'
44 4 He alive !' cried the corregidor, with a smile of derision —4 yea,
woman, he is as certainly alive as are those roasted fowls in yonder dish ;
and I shall believe it when they revive, return to their former haunts,
and eat, and flutter, and crow!'
"And behold!" — here Donna Zoa devoutly crossed herself, moving
timidly closer to my side —44 out of the massive silver salver that stood on
the middle of the table, rose a snow-white cock majestically, strode with
measured pace, like a grandee of our stately kingdom, towards the cor¬
regidor, stopped directly before him, clapped his powerful wings thrice,
and crowed shrill and clear as though his throat had never been severed
by the slaughtering knife of the cook's assistant. His mate, white as
himself in her new sprung plumage, followed him with shy demeanour,
advanced to his side, and clucked! Confounded and convinced by this
60
LEGEND OF SAN DOMINGO DE LA CALZADA.
unexpected miracle, the corregidor instantly commanded that Domingo
should be taken down from the gallows, and the false and wicked Donna
Josepha be hung in his stead.
" The handsome and holy youth, now fully restored to life, was quick¬
ly conducted before his unjust judge, and absolved from all imputation
of crime. Josepha, despairing and conscious of her guilt, confessed her
sin; though she still continued too haughty and hardened to ask for¬
giveness from Domingo. She was led forth to execution, her bosom
swelling with rage and hate and disappointed malice. Amid hearty and
universal execrations of the gathered crowd was she hung on the gallows
where the pious Domingo had unjustly suffered.
" The collected multitude then besought the holy youth to remain
among them and be their exemplar of a virtuous life. Acceding to
their wishes, he fixed his abode here. He died at a good old age, and
as many other miracles had distinguished his earthly career and authen¬
ticated the holiness of his life and conversation, he was canonized after
death, and this blessed city was named after him San Domingo de la
Calzada."
"And the cock and the hen?" said I.
" Yerily, the memory of the handsome youth had nearly driven them
from my mind," replied Zoa. " The cock and his faithful mate, as evi¬
dences of the miracle, were confined in a golden cage and deposited
within the consecrated walls of our chapel. Their posterity have been
preserved pure, with Castilian scrupulousness, even unto this day.
Those which thou sawest are their present family representatives.
When either of them dies, general mourning for the loss fills the dwell¬
ings of La Calzada, and others of their race are selected to supply the
vacancy.
" Moreover, the example and the history of the holy Domingo," con¬
tinued Zoa, " have so powerfully influenced the pious inhabitants of this
city, that since his day love has been wholly banished from the hearts of
our maidens."
" San Domingo has henceforth lost his power! I break the unholy
spell which has hitherto enthralled your hearts!" exclaimed I, as I
locked Zoa in my embrace, and the liquid glances of her deep dark eyes
told me plainly that the gentle, kind-hearted and lovely girl would
speedily have forgotten San Domingo and his legend, in listening to a
tenderer tale — if her father had not just then unexpectedly entered the
chamber, and prevented her passing her vows to a stranger.
THE TREASON OF GANELON.
TRANSLATED FROM THE ITALIAN OF ARIOSTO.
To those who have already perused our last number, and there en¬
countered an article containing some account of the chivalric poets,
accompanied by specimens of- their style and similarity to the classic
writers, it will probably be no cause of surprise to find that we have de¬
termined, in pursuance of the plan therein undertaken, to publish, in
such portions as may suit our monthly issues, a literal translation of
" The Treason of Ganelon," a heroic poem of Ariosto, of which the
poet wrote but five cantos, leaving it in an unfinished state.
Those who have already derived pleasure from reading the accurate
and animated translation of the Orlando Furioso, published in England
by Wm. Stuart Rose, will probably not be displeased at seeing an ori¬
ginal translation executed on a plan as nearly as possible similar to that,
of a poem which Pigna, in his life of Ariosto, states to bear the same
relation to the Orlando Furioso as the Odyssey to the Iliad of Homer.
These five cantos, which have been rarely printed, and never trans¬
lated, received no title from their author; but " The Treason of Gane¬
lon'' is that which their subject indicates. The romantic history of
Charlemagne is divided between two sets of knights : the heroic, as
Orlando, Rinaldo, and the like ; and the false and treacherous, who were
always labouring to ruin and betray him, under their leader Ganelon,
whose name is used with every possible variation and abbreviation —
Ganelon, Ganellon, Gano, and Gan. He was of no great prowess in
battle, but indefatigable in his perseverance and inexhaustible in the re¬
sources of sagacity and cunning.
In this respect the Ganelon of Ariosto is an Odyssey, and its appro¬
priate motto would be
avSpa fxoi svvsifs (xoutfa tfoXurpotfov ——
while his former poem may be considered as an Iliad, expressing the
Homeric Agamemnon and Achilles in Charles and Orlando, the Dio-
medes and Hector in Rinaldo and Ruggiero. With this brief prelimi¬
nary notice, we proceed to lay before our readers the poem itself, which,
we can hardly doubt, will meet their approbation.
62
THE TREASON OF GANELON.
INTRODUCTION.
The Kings of Africa and Spain, with their various confederates, had been driven
out of France, and the former had been slain in the Island of Lampedusa, and his own
kingdom, with its capital, Biserta, had been subdued by Astolfo and his auxiliaries the
Imbians, or Ambyssinians. Ruggiero, having been converted and baptized, was be¬
come the husband of Bradamante, had been elected King of Bulgaria, and had bound
himself to repair to his new dominions within three months. But of that no account is
taken in this poem, and the Neophyte is numbered among those who look up to
Charlemage for their advancement in life. Charlemagne, victorious over all his ene¬
mies, and at peace with all his neighbours, is sharing with his brave companions the
fruits of their joint exertions. But in so doing he offends the powerful house of Ma-
ganza by his liberality to the opposite faction, and makes an irreconcileable enemy of
Ganelon, the head of that family and a man of transcendent abilities. Such is the
state of affairs out of which the action of this Poem arises. By him a new and more
formidable league is formed against France, the disastrous consequences of which
Ariosto certainly intended to carry down to the fatal day of Roncesvalles.
CANTO I.
ARGUMENT.
The bard, who sang mad Roland, now doth sing
Alcina's deadly hate toward the brave,
And how she moved the fairies and their king,
And how she went to Envy's darksome cave;
How Ganelon was urged by Envy's sting,
What recompense Charles to his warriors gave,
And eke how Ganelon, by fairies' guile,
Was waft to Alcina's distant isle.
1
Between rude Scythia and luxuriant Ind
A mountain seems almost to touch the skies,
And so far leaves all meaner heights behind
That with its eminence none other vies.
One lonely cli9j and proudly to the wind
Lifted, while round it stone-heap'd chaos lies,
The stateliest temple bears, and fairest form'd
Of all that by the circling sun are warm'd.
2
A hundred cubits steep the measuring lead
From the first cornice to the basement goes;
Rise other hundred, upwards, to the head
O' the golden dome which doth its top enclose ;
And if a thousand for its girth be said
Such rough account small error will disclose.
A clear pellucid crystal, quarried all
Out of one block, surrounds it like a wall.
3
A hundred aspects have its hundred faces
That from each other equidistant are,
TUB TREASON OF CANELON.
63
And ever in the intermediate spaces
The lofty front two equal columns bear.
Above, below, their capitals and bases
That metal show which is most rich and rare,
While emerald forms the shaft or sapphire blue,
Pure diamond, or ruby's florid hue.
4
What more of ornament the fane displays
I pass unsung. Who reads, or hears, may guess.
There Demogorgon,* who controls the fays,
Lends them their power, and makes it more or less,
When each fifth year brings round his lustral days
(So use approved, and ancient laws express)
Doth from throughout the world, unto this hall
The powers of Fairyland to council call.
5
Then each one's tale is hearken'd and discuss'd,
Whom good betides, whom evil stars attack,
And none for damage had, and deeds unjust,
Or good advice or better succours back.
They study then their casual feuds to adjust,
The zeal, which overleapeth, to call lack,
And their strict union so to bind and close
As may no inlet leave to foreign foes.
* Demogorgon is a being of whom, I believe, no mention is to be traced higher than
the poet Pronapides, who was himself somewhat more ancient than Diodorus Siculus.
Theoclontius, an ancient author of uncertain date, whose works had formed a part of
the since destroyed collection of Pont of Perugia, incorporated into his prose writings
the substance of Pronapides; and Boccace has since, in his turn, transfused a portion
of it into his Genealogy. But the original Protocosm .of Pronapides was known to
John Galen or the Deacon in the fourteenth century. It is a Theogony, referring all
the heathen Gods to Demogorgon, instead of Uranus, father of Saturn; in a word, to Hell
instead of Heaven. From Demogorgon sprang Eris, Pan, the Three Fates, Heaven,
Earth, Python, Erebus, the Giant Night, Orion, &c.; he resided in the Cave of Eternity,
and was the Soul of the Earth and the Head of the Triple World. He presides over all
manner of evil spirits, fairies and the like, who only disport themselves by his license,
" And when the morn arises none are found,
For cruel Demogorgon walks the round."
Gorgon from of old denoted an object of terror, and Demos means the people; but the
rationale of the name is lost, for the present, with the works of Pronapides. Marenus,
an eminent Rosiconcian sophist, says that his fraternity " disguised the matter and
practice of their art under the name and fable of Demogorgon." Postel, another of
tbem, calls the same supreme lord over the Intelligences of the Elements. Jlzazel de
Causis, c. 10. — It is well known that many of the Eastern Magi, and especially the
sect of Manichus, held Evil and Matter to be equivalent terms. Demogorgon is nearly
equivalent to Arimanes; but it is not a term used by the Persian or other professed Magi,
but invented for a disguise (as Maunus intimates) in countries where Magianism was
not approved of. From the following verses in the burlesque play of Locrime —
"Alas ! too soon, by Demogorgon's knife
The martial Brutus is bereft of life" —
we may infer that the poets of the vein of King Cambyses, whom that production is
intended to ridicule, made use of his name to signify Death or Hades. Demogorgon,
besides that famous and popular appellation, has another name, which nobody knows,
because nobody ever dared to mention it; the consequences to arise from such a te¬
merity are as uncertain as those of the " Speaker's naming the honourable member."
All that is known with any degree of certainty is, that an Etruscan lady was-once ac¬
quainted with it, and whispered it softly into the ear of a bull, who instantly went rav¬
ing mad and died soon after.
See the ancient Scholia on Statius, 1. 4. v. 516.
64
THE TREASON OE GANEEON.
6
From time to time, (as year and day demand
Their presence to the five years' council due)
Some from Iberia's, some from India's land,
Hyrcania, or the sea of vermil hue,
Nor bridled them a steed, nor vessel mann'd
To skim the seas, nor them yoked oxen drew,
But merrily departed through the murk
Disdaining aid through man's or nature's work.
7
Some choose to navigate the fields above
By mighty demons driven in ships of glass,
Who oft the bellows blow, to make them move,
More lustily than e'er blew Boreas.
Others (like him who with St. Peter strove
False Magus* to his cost, and perish'd) pass
Upon the infernal angels' necks astride,
And some with wings like Doedal are supplied.
8
With silver some delight, or gold, or rows
Of gems, to decorate their elfin coach,
Propell'd by eight, or even ten, of those
Who vanish at the blessed morn's approach,
And are pitch black, with horns, and tail that grows
Unsightly, and the clovenf foot's reproach.
Griffs, hippogriffs, and birds of such queer feather,
Are in their flying chariots yoked together.
* Simon Magus (according to the general tradition of the Fathers) opposed himself
to the preaching of St. Peter at Rome; and he was desired by Nero to exhibit in his
presence some specimen of his theurgic powers. He accordingly raised himself from
the ground to a considerable height, declaring that he was about to fly up to heaven.
But the arts by which, as St. Luke says, " he long time bewitched the people," failed
him at this pass, and he fell down again and broke his legs, of which he shortly after
died. Compare the Romance of Merlin, fql. xcii. Jocelin, Acts of St. Patrick, c. 42.
The story told by Suetonius, in Nero, c. 12, may perhaps be an inaccurate account of
the exploits and fall of Simon. Theophanes mentions, that in the eighth century cer¬
tain of the Persian Magi endeavoured to work the same miracle with no better success.
They were called the Maurophori or Black-robed. Theoph. Chron. 4, p. 361.
f Con piedi strani e lunghe code e coma. It is an old and established notion that
evil natures, however they may disguise themselves and appear as " angels of light,"
are nevertheless doomed to carry about them a mark of their reprobate condition in the
bestial form of at least one foot. The idea may be borrowed from the Capriped.es Sa-
tyri, or from various considerations, of which the discussion is here unsuitable. Ariosto
closes his description of the exquisite charms of Alcina with these lines: —
" Si vede al fin de la persona augusta
II breve asciutto e retondetta piedi;
Gli angelici sembianti nati in cielo
Non si ponno celar sotto alcun velo."—Orl. t. vii. 15.
Which Mr. Rose renders —
" A foot neat, short, and round, beneath is spied
and intimates, in a note upon the two following lines, that something is there borrowed
from the Platonic doctrines concerning spirits. Pulci uses asciutto as the epithet of a
horse's hoof, c. xv. st. 107. But I think I perceive another meaning: Alberti inter¬
prets asciutto by these words — aride, macgre, decharmd, extenu<5, and by no
commendatory phrase, such as neat; nor do I think a lady's foot can fairly be
praised either for its brevity or its rotundity. It may be asked, how could Ariosto
seriously ascribe angelic perfections of persons so indelible in their natures as to admit
no veil, to a toothless and foul hag, whose apparent beauty (as he says presently after,
drake's poems.
65
9
They, fairies now, but nymphs in times of yore,
Or goddesses, a nobler title, hight,
With much of jewels and of precious ore,
Their garments have adorned, and tresses bright,
And now they throng at their high conclave's door
A numerous train magnificently dight.
The care of each is not to be surpast
In gaudy geer, and not to arrive the last.
[to be continued.]
DRAKE'S POEMS.*
The name of the lamented Dr. Drake, though not so widely known as
others of far less claim to literary renown, has long been identified with
one of which his countrymen are justly proud. Nor has his early asso¬
ciation with Mr. Halleck in the production of the best series of political
satires that ever appeared on this side of the Atlantic, been the only tie
that has linked his name with the rising poetic genius of his country.
A number of his pieces have for years been handed about in MS. and
copied so extensively as to be disseminated over half the Union ; while
his stirring lyric, " The American Flag," has long since established
such a hold upon popular favour as effectually to embalm the memory
of its author. The admirers of Dr. Drake's genius, however, — and
who that has read "The Culprit Fay" does not rank himself among
them,—have long been anxious to see some more tangible character
given to his reputation, by the collection of his writings and their embo-
dyment in a permanent form.
This has at length been accomplished by the publication, of which
the proof-sheets are before us. j* The volume is made up of two long
poems (one of which was never finished) and a number of fugitive
verses, written, many of them, in early youth, and often thrown
st. 73) was a mere optical illusion. If her charms were themselves a veil thrown over
deformity, how can we ascribe to them an undisguisable reality ? It seems to follow
that the last couplet, " Gli angelici," &c. &c., is a severe joke upon the fairy; and while
to the ear it says " Angels are ever bright," it insinuates that " devils always show
" the cloven foot," or " the club foot." Mr. Retsch, in his designs to illustrate Goethe's
Dr. Faustus, has employed the diabolic foot with great ingenuity and effect.
*" The Culprit Fay," "Leon," and other poems, by the late Joseph Rodman
Drake, 1 vol. Dearborn.
f Before handing his MSS. to the publisher, the editor politely furnished us with
several minor pieces, which had not, to his knowledge, appeared before in print.
They will be recognised by the initial D. in our present number.
VOL. VI.
9
66
drake's poems.
off so carelessly by a hand which wrote without effort, that great ine¬
quality will be discovered in a collection, of which a majority of the
pieces were meant only for the eye of private friendship. Enough re¬
mains, however, to stamp the mind of the author as one of no common
order, and to ensure for him an eminent and enduring place among the
distinguished names of his country.
The poem which commences the volume has long been known to
most of our readers, either through MS. copies or from extracts which
have, from time to time, found their way into the newspapers. It is
now, for the first time, given complete to the public; and we do not hesi¬
tate to rank it among the most exquisite productions in the English lan¬
guage. For luxuriance of fancy, for delicacy of expression, for glowing
imagery, and for poetic truth it is rivalled by no poem that has appeared
on this side of the Atlantic. Our author went to the very well-springs
of poetry for his inspiration, and he drew richly from that salient and
ever-living fount. He studied nature — studied her not as she appears
in books, wherein the pedantry of science dims her lustre, or servile
mediocrity, ever content to copy, paints her in our clime in the guise
peculiar to others, and with the stale colours that have long since been
appropriated to others — he studied her in her own virgin retreats, by
the mighty rivers and mossy forests of his own fresh land; amid the
splendour of a vegetation rendered various by an ever-changing climate,
and beneath skies' whose tints alone can rival its autumnal glories. He
studied nature, not to find how or wherein she resembled the descrip¬
tions that have been given of her in other regions, — not to turn the
time-worn associations of other countries to the new aspects of his own
— to seek for English daisies upon a prairie, or make nightingales sing
in a magnolia ; — but to know her for herself alone — know her as she
lived and breathed in the primal freshness around him. The multiform
shapes in which her beauties are displayed in our land—the profusion
in which she has lavished her gifts upon this — the last work which came
from her hand — the exhaustless variety of shrubs and flowers that mock
the meagre Flora of Europe's less genial clime, were perhaps unknown
to him. But none of these graces upon the grander features of nature,
however minute, escaped his observation when brought beneath it. He
appears to have had that first great attribute of genius, the pervading
power which, like the rays of heaven, can at the same time steep the
mountain summit in light and touch the humblest floweret at its base
with glory; and this it is which imparts a greater degree of nationality
to the principal poem of this collection than any which has hitherto been
written. Its whole atmosphere is American. It is a fairy tale of our
own clime, and its imagery and accessories are applicable to no other
beneath the sun.
The story is that of an elf who had broken his vestal vow, and dared
to love an earthly maid.
drake's poems.
67
" He has lain upon her lip of dew,
He has sunned him in her eye of blue,
He has fanned her cheek with his wings of air,
Played with the ringlets of her hair,
And, nestling on her snowy breast,
Forgot the lily-king's behest.
For this the shadowy tribes of air
To the elfin court must haste away —
And now they stand expectant there,
To hear the doom of the culprit fay."
The gathering of the goblin crew is thus described : —-
" They come from beds of lichen green,
They creep from the mullein's velvet screen ;
Some on the backs of beetles fly
From the silver tops of moon-touched trees,
Where they swing in their cobweb hammocks high,
And rock about in the evening breeze ;
Some from the hum'-bird's downy nest —
They had driven him out by elfin power,
And, pillowed on plumes of his rainbow breast,
Had slumbered there till the charmed hour;
Some had lain in the scoop of the rock,
With glittering ising-stars inlaid;
And some had opened the four-o'clock,
And stole within its purple shade.
And now they throng the moonlight glade,
Above — below—on every side,
Their little minim forms arrayed
In the tricksy pomp of fairy pride!"
This must remind the reader of Pope's description of the " denizens
of the air" in the Rape of the Lock; nor is it a whit inferior in delicacy
of poetic fancy to that beautiful passage commencing
" Some to the sun their insect wings unfold,
" Waft on the breeze, or sink in clouds of gold ;
" Transparent forms, too fine for mortal sight,
" Their fluid bodies half dissolved in light,
" Loose to the wind their airy garments threw,
" Their glittering textures of the filmy dew
" Dipped in the richest tinctures of the skies,
" Where light disports in ever-mingling dyes,
" While every beam new transient colours flings,
" Colours that change whene'er they wave their wings."
Midnight is the hour of meeting; and whoever, at that witching time
of a summer's night, has floated beneath the towering crags of the Hud¬
son, when the moon-beams silvered their grey heads and touched, as
with frost-work, the shadowy foliage around their base — or, climbing
through thickets of sumach and sassafras, where the glimmer of some
mountain rill has guided him upon his tangled path, has paused to listen
to the creeping murmur around him, or to watch the fire-fly sparks that
shower along the shaggy hill-side, — will own the exquisite truth of the
following picture:
" 'Tis the middle watch of a summer's night—
The earth is dark, but the heaven's are bright;
Naught is seen in the vault on high
But the moon, and the stars, and the cloudless sky,
And the flood which rolls its milky hue,
A river of fight on the welkin blue.
68
drake's poems.
The moon looks down on old Cro'-nest,
She mellows the shade on his shaggy breast,
And seems his huge gray form to throw
In a silver cone on the wave below;
His sides are broken by spots of shade,
By the walnut bough and the cedar made,
And through their clustering branches dark
Glimmers and dies the fire-fly's spark.
* * * *
The stars are on the moving stream,
And fling, as its ripples gently flow,
A burnished length of wavy beam
In an eel-like, spiral line below;
The winds are whist, and the owl is still,
The bat in the shelvy rock is hid,
And naught is heard on the lonely hill
But the cricket's chirp and the answer shrill
Of the gauze-winged katy-did ;
And the plaint of the wailing whippoorwill
Who mourns unseen, and ceaseless sings,
Ever a note of wail and wo
Till Morning spreads her rosy wings,
And earth and sky in her glances glow.
'Tis the hour of fairy ban and spell:
The wood-tick has kept the minutes well;
He has counted them all with click and stroke,
Deep in the heart of the mountain oak,
And he has awakened the sentry elve
That sleeps with him in the haunted tree,
To bid him ring the hour of twelve,
And call the fays to their revelry ;
Twelve small strokes on his tinkling bell—
'Twas made of the white snail's pearly shell:
' Midnight comes, and all is well!
Hither, goblins! wing your way!
'Tis the dawn of fairy day.'"
The court is now seated around the elf-king, whose
" throne was reared upon the grass
Of the spice-wood and the sassafras ;
On pillars of mottled toitoise-shell
Hung the burnished canopy —
And o'er them gorgeous curtains fell
Of the tulip's crimson drapery."
The sentence of the culprit, in consideration of his lady-love having
been among the purest of earth's creation, is partially remitted by his
spiritual peers ; and the monarch, with a lenity worthy of our merciful
Recorder, condemns him only to a punishment which to a fairy must be
a mere matter of moonshine, especially when compared with the awful
doom which is thus hinted at by the court: —
" Fairy! had she spot or taint,
Bitter had been thy punishment.
Tied to the hornet's shardy wings;
Tossed on the pricks of nettles' stings ;
Or seven long ages doomed to dwell
With the lazy worm in the walnut-shell;
Or every night to writhe and bleed
Beneath the tread of the centipede;
Or bound in a cobweb dungeon dim,
Your jailer a spider huge and grim,
drake's poems.
69
Amid the carrion bodies to lie,
Of the worm and the bug, and the murdered fly:
These it had been thy lot to bear,
Had a stain been found on the earthly fair."
So terrific a fate, however, does not impend over the culprit, and he
is merely ordered to
" seek the beach of sa,nd
Where the water bounds the elfin land,
Thou shalt watch the oozy brine
Till the sturgeon leap in the bright moonshine,
Then dart in the glistening arch below,
And catch a drop from his silver bow."
This, however, is only to wash away the stain which sullies his elfin
honour, and the judge proceeds —
" If the spray-bead gem be won,
The stain of thy wing is washed away,
But another errand must yet be done
Ere thy crime and dishonour be lost for aye;
Thy flame-wood lamp is quenched and dark,
And thou must re-illume its spark.
Mount thy steed and spur him high
To the heaven's blue canopy;
And when thou seest a shooting star,
Follow it fast, and follow it far —
The last faint spark of its burning train
Shall light thy fairy fire again."
The criminal pauses but to pluck a colin-bill before he leaves the pre¬
sence. His faded wings have lost their power, but the buoyant soul of
an immortal still sustains his delicate nature as he takes his toilsome way
adown the mountain.
" Through dreary beds of tangled fern,
Through groves of nightshade dark and dern,
Over the grass and through the brake,
Where toils the ant and sleeps the snake;
Now o'er the violet's azure flush
He skips along in lightsome mood;
And now he thrids the bramble bush,
Till its points are died in fairy blood.
He has leapt the bog, he has pierced the brier,
He has swum the brook, and waded the mire,
Till his spirits sank, and his limbs grew weak,
And the red waxed fainter in his cheek.
He had fallen to the ground outright,
For rugged and dim was his onward track,
But there came a spotted toad in sight,
And he laughed as he jumped upon her back;
He bridled her mouth with a silk-weed twist;
He lashed her sides with an osier throng;
And now through evening's dewy mist,
With leap and spring they bound along,
Till the mountain's magic verge is past,
And the beach of sand is reached at last
Soft and pale is the moony beam,
Moveless and still the glassy stream,
The wave is clear, the beach is bright
With snowy shells and sparkling stones;
The shore-surge comes in ripples light,
In murmurings faint, and distant moans;
70
drake's poems.
And ever anon in the silence deep
Is heard the splash of the sturgeon's leap,
And the bend of his graceful bow is seen —
A glittering arch of silver sheen,
Spanning the wave of burnished blue,
And dripping with gems of the river dew.
The elfin cast a glance around,
As he lighted down from his courser toad,
Then round his breast his wings he wound,
And close to the river's brink he strode;
He sprang on a rock, he breathed a prayer,
Above his head his arms he threw,
Then tossed a tiny curve in air,
And headlong plunged in the waters blue.
Up sprung the spirits of the waves,
From sea-silk beds in their coral caves,
With snail-plate armour snatched in haste,
They speed their way through the liquid waste ;
Some are rapidly borne along
On the mailed shrimp or the prickly prong,
Some on the blood-red leeches glide,
Some on the stormy star-fish ride,
Some on the back of the lancing squab,
And some on the sideling soldier crab;
And some on the gellied quarl, who flings
At once a thousand streamy stings —
They cut the wave with the living oar,
And hurry on to the moonlit shore,
To guard their realms, and chase away
The footsteps of the invading fay."
The inhospitable river sprites prevail against him, and the stout little
swimmer is compelled to make for the shore. Faint with his discom¬
fiture, he lies down on the beach to recruit; and then taking a pull from
a hare-bell flaggon filled with calamus juice, (have they no temperance
societies in fairy land 1) he turns with renewed vigour to his task.
" He cast a saddened look around,
And what to do he could not tell ;
But he leapt for joy when on the ground
He spied a purple muscle shell;
Thither he ran, and he bent him low,
He heaved at the stern, and he heaved at the bow,
And he pushed her over the yielding sand,
Till he came to the verge of the haunted land.
She was as lovely a pleasure-boat
As ever fairy had paddled in,
For she glowed with purple paint without,
And shone with silvery pearl within;
A sculler's notch in the stern he made,
An oar he shaped of the bootle blade ;
Then sprung to his seat with a lightsome leap,
And launched afar on the calm blue deep.
The imps of the river yell and rave,
They had no power above the wave,
But they heaved the billow before the prow,
And they dashed the surge against her side,
And they struck her keel with jerk and blow,
Till her gunwale bent to the rocking tide.
She wimpled about in the pale moon-beam
Like a feather that floats on a wind-tossed stream;
And momently athwart her track
A quarl upreared his island back,
drake's poems.
71
And the flattering scallop behind would float,
And spatter the water about the boat;
But he bailed her out with his colen-bell,
And he kept her trimmed with a wary tread,
While on every side like lightning fell
The heavy stroke of his bootle-blade."
The wee-voyager gains the object of his quest, and hies him back to
his woodland home to refresh ere he starts anew upon the airy expedi¬
tion which must still be accomplished before morning. The lapse of an
hour perhaps still finds him napping in the velvet leaf where he had
coiled himself up to rest; but his task has to be accomplished before
dawn.
"Up Fairy ! quit thy chick-weed bower,
The cricket nas called the second hour,
Twice again, and the lark will rise
To kiss the streakings of the skies —
Up! thy charmed armour don,
Thou 'It need it ere the night be done.
He put his acorn helmet on;
It was plumed of the silk of the thistle down ;
The corslet-plate that guarded his breast
Was once the wild bee's golden vest;
His cloak, of the rainbow's mingled dies,
Was formed of the wings of butterflies;
His shield was the shell of a ladybird queen,
Spots of gold on a ground of green;
And the quivering lance, which he brandished bright,
Was the sting of a wasp he had slain in fight.
Swift he bestrode his fire-fly steed;
He bared his blade of the bent-grass blue ;
He drove his spurs of the cockle-seed,
And away like a glance of thought he flew,
To skim the heavens and follow far
The fiery trail of the rocket star.
The moth-fly, as he shot in air,
Crept under the leaf and hid her there;
The katy-did forgot its lay,
The prowling gnat fled fast away,
The fell moscheto checked his drone
And folded his wings till the fay was gone,
And the wily beetle dropped his head,
And fell on the ground as if he were dead ;
They crouched them close in the darksome shade,
They quaked all o'er with dread and fear,
For they had felt the blue-bent blade,
And writhed at the prick of the elfin spear;
Many a time on a summer's night,
When the sky was clear and the moon was bright,
They had been roused from the haunted ground,
By the yelp and bay of the fairy hound ;
They had heard the tiny bugle-horn,
They had heard the twang of the maize silk string,
When the vine-twig bows were tightly drawn,
And the nettle shaft through the air was borne.
Feathered with down from the hum'-bird's wing.
And now they deemed the courier ouphe
Some hunter sprite of the eildrich ground ;
And they watched till they saw him mount the roof
That canopies the world around;
Then glad they left their covert lair,
And freak about in the midnight air."
72
drake's poems.
And now his fire-fly courser speeds through the firmament. A thou¬
sand dangers beset his path ; the shapes of air are at work around him ;
his rein is twitched by shadowy hands, and flame-shot tongues around
him play. But the undaunted fay maintains his place in the saddle with
a firmness that would do credit to Roulstone's teaching, while II Dia-
volo himself could not be more cool amid the fire-works that dazzle
him. At length he reaches a region where new dangers beset him.
" Sudden along the snowy tide
That swell'd to meet their footsteps' fall,
The sylphs of heaven were seen to glide,
Attired in sunset's crimson pall;
Around the fay they weave the dance,
They skip before him on the plain,
And one has taken his wasp-sting lance,
And one upholds his bridle rein.
With warblings wild they lead him on
To where, through clouds of amber seen,
Studded with stars resplendent shone,
The palace of the sylphid queen."
Our little hero now, for one of so amorous a complexion, is rather
precariously situated. A sylph makes love to him outright; and she
too is the very belle of sylphdom — one of those beings who, as Ana-
creon Moore tells us, mingles the holy light of other worlds
" with all the bliss,
The fond weak tenderness of this"—
a creature that would stir up both body and soul to mutiny; but our
staunch fairy lover, though he had neither read Ccelebs, Joseph Andrews,
nor " The Yeiled Prophet," is true to his plighted faith, and it may be
said of him, as of young Azim in Lallah Rookh, that
" He who arms
" A young warm heart 'gainst beauty's charms,
" Who feels their magic, yet defies their thrall,
" Is the best, bravest conqueror of them all."
He lets the lady know that his affections are pre-engaged ; and finding
it impossible to keep him in heaven, she very commendably facilitates
his return to earth by all the means in her power. Presuming that he
is tired of riding, she furnishes him with a cloud in which he may drive
as comfortably along the firmament as in his own stanhope; and coming
at last in the track of a meteor, he flings down the reins and catches a
spark from the streaming rover just as the last coil of its tail quivers
over him. His fire-fly poney is now saddled anew, and a down-hill
gallop brings the happy fay once more to his green-wood home, where
his elvish friends receive him with the following roundelay: —
" Ouphe and goblin! imp and spright!
Elf of eve! and starry fay!
Ye that love the moon's soft light,
Hither—hither wend your way:
dkakb's poems.
73
Twine ye in a jocund ring,
Sing and trip it merrily,
Hand to hand, and wing to wing,
Round the wild witch-hazel tree.
Weave the dance, and weave the song,
The wanderer is returned again,
His flame-wood lamp burns bright and strong,
His wings have lost their crimson stain,
Twine ye in an airy round,
Brush the dew and sweep the lea;
Skip and gambol, hop and bound,
Round the wild witch-hazel tree.
The beetle guards our holy ground,
He flies about the haunted place,
And if a mortal there be found,
He hums in his ears and flaps his face;
The leaf-harp sounds our roundelay,
The owlet's eyes our lanterns be;
Thus we sing, and dance, and play,
Round the wild witch-hazel tree,.
" Leon," the second piece in the collection, is by no means equal to
the Culprit Fay, though it contains many passages of strength and
beauty. It is written in the same measure as Byron's Corsair, and re¬
sembles that poem in the construction of the verse. In the following
passage which, in describing the heroine, gives the reader an insight in¬
to the story, we are strongly reminded of Byron:
" And yet a keen observer might espy
Strange passions lurking in her deep black eye,
And in the lines of her fine lip, a soul
That in its every feeling spurned controul.
They passed unnoted— who will stop to trace
A sullying spot on beauty's sparkling face?
And no one deemed, amid her glances sweet,
Hers was a bosom of impetuous heat,
A heart too wildly in its joys elate,
Formed but to madly love, or madly hate;
A spirit of strong throbs, and steadfast will,
To doat, detest, to die for, or to kill,
Which, like the Arab chief, would fiercely dare
To stab the heart she might no longer share;
And yet so tender, if he loved again,
Would die to save his breast one single pain.
And he who cast his gaze upon her now,
And read the traces written on her brow,
Had scarce believed hers was that form of light
That beamed like fabled wonder on the sight;
Her raven hair hung down in loosen'd tress
Before her wan cheeks' pallid ghastliness,
And, thro' its thick locks, showed the deadly white,
Like marble glimpses of a tomb at night.
In fixed and horrid musings now she stahds,
Her dark eyes bent to earth, and her cold hands
Press'd to her heart; then wildly thrown on high,
They wander o'er her brow, and then a sigh
Breaks deep and full, and more composedly
She half exclaims — "No! no! it cannot be,
" He loves not — never loved — not even when
" He press'd my wedded hand—I knew it then,
\ OL. VI.
10
74
drake's poems.
" And yet—fool that I was—I saw he strove
" In vain to kindle pity into love.
" But Florence! she so loved — a sister too!
" My earliest, dearest playmate — one who grew
" Upon my very heart — to rend it so!
" His falsehood I could bear, but her's! ah! no,
" She is not false — I feel she loves me yet,
" And if my boding bosom could forget
" Its wild imaginings, with what sweet pain
" I'd clasp my Florence to my breast again."
With that came many a thought of days gone by,
Remembered joys of mirthful infancy,
And youth's gay frolic, and the short-lived flow,
Of showering tears in childhood's fleeting woe,
And life's maturer friendship, and the sense
Of heart-warm, open, fearless confidence.
All these came thronging with a tender call,
And her own Florence mingled with them all."
This poem, having never been finished by the author, is rather a me¬
mento of the versatility of his genius than a fair specimen of its power
in a new range. Judging, however, from these remains, Dr. Drake
was rather a poet of fancy than of feeling; and he succeeds better in
every thing than in describing emotion. His touches of passion are
overwrought, but his play of fancy is delicate and sparkling in the highest
degree—blazing forth occasionally in the noblest strains of poetry.
From the evidence here given, it would appear that the last verse of
his most popular piece, " The American Flag," was, as generally printed,
written by Mr. Halleck. The stanza originally stood thus: —
" Flag of the free heart's only home,
By angel hands to valour given,
Thy stars have lit the welkin dome,
And all thy hues were born in heaven;
And fixed as yonder orb divine,
That saw thy bannered blaze unfurled,
Shall thy proud stars resplendent shine,
The guard and glory of the world."
For which, in place of the last four lines, the following by Mr. Halleck
were adopted:
" Forever float that standard sheet,
Where breathes the foe but falls before us,
With freedom's soil beneath our feet,
And freedom's banner streaming o'er us."
Not the least attractive pieces in this volume are those which record
the intercourse of this " Castor and Pollux of Quizzers," as they were
dubbed in those days when Croaker & Co. kept the town continually
upon a broad grin. The ease, humour, and occasional flashes of true
poetry which characterise the following epistle to Mr. Halleck, remind
us of some of the happiest sallies of the Croakers:
" Well, Fitz, I'm here ; the mairs the pity,
I'll wad ye curse the vera city
drake's poems.
From which I write a braid Scots ditty
Afore I learn it;
But gif ye canna make it suit ye,
Ye ken ye'll burn it.
My grunzie's got a twist until it
Thae damn'd Scotch aighs sae stuff and fill it
I doubt wi' a' my doctor skill, it
'11 keep the gait,
Not e'en my pen can scratch a billet
And write it straight.
Ye're aiblins thinking to forgather
Wi' a hole sheet, of muir and heather
O' burns, and braes, and sic like blether,
To you a feast;
But stop! ye will not light on either
This time at least.
Now stir your bries a wee and ferlie,
Then drop your lip and glower surly;
Troth! gif ye do, I'll tell ye fairly,
Ye'll no be right;
We've made our jaunt a bit too early
For sic a sight.
What it may be when summer deeds
Muir shaw and brae, wi' bonnie weeds
Sprinkling the gowan on the meads
And broomy knowes,
I dinna ken; but now the meads
Scarce keep the cows.
For trees, puir Scotia's sadly scanted,
A few bit pines and larches planted,
And thae, wee, knurlie, blastic, stuntit
As e'er thou sawest;
Row but a sma' turf fence anent it,
Hech! there's a forest.
For streams, ye'll find a puny puddle
That would not float a shull bairn's coble,
A cripple still might near hand hobble
Dry-baughted ever;
Some whinstone crags to mak' it bubble,
And there's a river.
And then their cauld and reekie skies,
They luke ower dull to Yankie eyes;
The sun ye'd ken na if he's rise
Amaist the day;
Just a noon blink that hardly dries
The dewy brae.
*****
Yet leeze aiild Scotland on her women,
Ilk sonzie lass and noble yeoman,
7G drake's poems.
For luvers heart or blade of foeman
Oer baith victorious;
E'en common sense, that plant uncommon,
Grows bright and glorious.
Fecks but my pen has skelp'd along,
I've whistled out an unco song
'Bout folk I ha' na been amang
Twa days as yet;
But, faith, the farther that I gang,
The mair ye'll get.
Sae sharpen up your lugs, for soon
I'll tread the hazelly braes o' Doon,
See Mungo's well, and set my shoon
Where i' the dark
Bauld Tammie keek'd the drunken loon
At cutty sark.
And I shall tread the hallowed bourne
Where Wallace blew his bugle-horn
O'er Edward's banner, stained and torn
What Yankie bluid
But feels its free pulse leap and bum
Where Wallace stood!
But pouk my pen ! I find I'm droppin
My braw Scots style to English loppin;
I fear amaist that ye'll be hoppin
I'd quit it quite :
If so, I e'en must think o' stoppin,
And sae, gude night.
The same Burns-like humour and spirit are betrayed in another letter
to the same gifted friend ; but we can only quote the following Apostro¬
phe to the Western Star, with which the writer breaks off in the midst
of other matters:
" Gads me! my hat — by all that's checrlv,
The moon is up and shining clearly!
Hey! for an Harlequinian antic,
I've been a month across th' Atlantic,
And this the first good glimpse my eye
Has gotten of a Yankee sky.
And there's the star! yc west winds fan her,
That shines upon my country's banner •
She loves the west; she seldom flings
Her sparkle points on eyeless kings,
But keeps them for the gallant lads
Who wear her in their black cockades.
Here, where mist, clouds and smoke unite
To stifle up each heavenly light,
Long may we watch each wind that blows,
Before that glittering eye unclose !
drake's poems.
77
Thus to my country's sore dishonour,
Old England's fog lay long upon her;
'Till roused at last, each spirit proud,
Her cannon thunders burst the cloud,
And poured o'er Europe's hills afar,
The glories of the Western Star!
Lord ! but she's gone! and here again
Our old acquaintance, mist and rain;
Ye vapourish jades, the red plague rid ye,
If ye'd not come until I bid ye,
Ye'd still be wearing, I've a notion,
Your white foam night-caps o'er the ocean,
And I'd have time mine eyes to feast
On my bright star an hour at least.
Yet Hesper 1 tho' ye now must darkle,
Lord bless you for that pleasant sparkle;
I think ye must have known, this even
A Yankee eye was raised to Heaven,
And shoved the surly clouds askance
To give him just a kindly glance,
Mind him of home, help on his letter,
And make him sleep to-night the better."
Our quotations from these interesting remains must now be brought
to a conclusion, gladly as we would still dwell upon them; but our read¬
ers, we conceive, will prefer that any space we have yet to devote to the
subject should be occupied by another extract in preference to any ad¬
ditional remarks of our own; we therefore conclude by quoting the
piece entitled
NIAGARA.
" An ocean falling over a mountain."—ModernTraveh.
I.
Hoar, raging torrent! and thou, mighty river,
Pour your white foam on the valley below;
Frown, ye dark mountains ! and shadow for ever
The deep rocky bed where the wild rapids flow.
The green sunny glade and the smooth flowing fountain,
Brighten the home of the coward and slave ;
The flood and the forest, the rock and the mountain,
P»,car on their bosoms the free and the brave.
II.
Nurslings of nature, I mark your bold bearing,
Pride in each aspect and strength in each form,
Plearts of warm impulse and souls of high daring,
Born in the battle and rcar'd in the storm ;
drake's poems.
The red levin flash and the thunder's dread rattle,
The rock-riven wave and the war-trumpet's breath,
The din of the tempest, the yell of the battle,
Nerve your steeled bosoms to danger and death.
III.
High on the brow of the Alps' snowy towers
The mountain Swiss measures his rock-breasted moors,
O'er his lone cottage the avalanche lowers,
Round its rude portal the spring torrent pours ;
Sweet is his sleep amid peril and danger,
Warm is his greeting to kindred and friends,
Open his hand to the poor and the stranger,
Stern on his foeman his sabre descends.
IV.
Lo! where the tempest the dark waters sunder,
Slumbers the sailor-boy, reckless and brave,
Warm'd by the lightning and lulled by the thunder,
Fann'd by the whirlwind and rock'd on the wave;
Wildly the winter-wind howls round his pillow,
Cold on his bosom the spray showers fall;
Creaks the strained mast at the rush of the billow,
Soundly he slumbers, regardless of all.
v.
Mark how the cheek of the warrior flushes,
As the battle-drum beats and the war-torches glare,
Like a blast of the north to the onset he rushes,
And his wide waving falchion gleams brightly in air,
Around him the death-shot of foemen are flying,
At his feet friends and comrades are yielding their breath;
He strikes to the groans of the wounded and dying,
But the war-cry he strikes with is "Conquest or Death!"
VI.
Then pour thy broad wave like a flood from the heavens!
Each son that thou rearest, in the battle's wild shock,
When the death speaking note of the trumpet is given,
Shall charge like thy torrent or stand like thy rock.
Let his roof be the cloud and the rock be his pillow,
Let his stride the rough mountain or toss on the foam,
He shall strike fast and well on the field or the billow,
In triumph and glory! for God and his Home!
79
LITERARY NOTICES.
The Linwoods ; or, " Sixty years
since" in America—By the author of
Hope Leslie—2 vols. Harpers.—This
season has certainly been very productive
of original works in the lighter departments
of literature. The capital novel of " Horse
Shoe Robinson," and Mr. J. T. Irving's
Indian Sketches, (a work which, with
some faults of a young writer, abounds in
vivid description and is rich in that dry
drollery that gives his racy attraction to
Knickerbocker,) came before us in our
last number; and now, in addition to the
new volume of American poems from
which we have quoted so largely, we
have here another excellent " home pro¬
duction," by the admired authoress of
Hope Leslie. The Linwoods is a story of
the Revolution. The plot is woven from
domestic scenes and feelings, which are
so acted upon by the political influences
of the day as to give a strong historical in¬
terest to the details. This interest is fur¬
ther heightened by the introduction of
distinguished and well-known persons,
who, though they have little to do with
the main conduct of the story, yet flit
across the scene in such a manner as to
give elevation to what otherwise could
hardly aspire to the dignity of a historical
romance. The chief characters—and
these are no less than five — who, at diffe¬
rent times, may be taken for the hero or
heroine, are, with the exception of Isabel¬
la, by no means the best in the book;
though they are all in keeping and well
sustained throughout: but, unless it be
Bessie, they are too systematic to be true
to life. Finished though they be as por¬
traits, yet they want the life-like freshness,
the vitality with which a few happy
touches have endowed the others. Old
Linwood, black Rose, and Kisel, are de¬
cidedly our favourites; the last, especially,
though a mere outline of a character, is
thrown off with a free and original hand.
We think he might have been used with
more effect, however, in developing the
plot; he figures in several important
scenes, and yet is a mere supernumerary,
in all save one. We could not help a
feeling of disappointment when he pre¬
sented himself so opportunely to be placed
in the situation of the young officer who
gets into difficulty by personating his
character, that the substitute was not
made, instead of leaving poor Kisel to be
condemned to death as a " skinner." Isa¬
bella Linwood, the heroine, is a noble
creation, and the decided traits of her
character are brought into admirable relief
by the yielding nature of Bessie Lee and
the volatile disposition of her brother. She
is a picture worthy of the hand that drew
Hope Leslie; though, notwithstanding
the interest of the tale which she graces,
we still think that the fame of our authoress
must still rest upon the admirable work by
which she is best known.
Not the least attractive part of these
volumes are the descriptions of nature
which are scattered throughout them.
Miss Sedgewick has all that keen suscep¬
tibility to the beauties of the natural world
which, though often existing in the hum¬
blest mind, is still the unfailing accompa¬
niment of genius; and this it is which
makes her descriptions at once forcible
from the truth and eloquent from the
feeling with which they are imbued. We
would gladly illustrate our observations by
a few of the many beautiful passages with
which we have been struck; but the limit
of these notices do not admit of such an
indulgence, and the little room we have
here to spare must be devoted to a few
aphorisms, which will give our readers
some idea of the spirit that breathes
through these pages, to whose story we
have religiously avoided giving a clue.
Of a fragile and sensitive girl it is said :
* " Physically and morally she was one
of those delicate structures that require a
hardening process ; she resembles the ex¬
quisite instrument that responds music to
the gentle touches of the elements, but is
broken by the first rude gust that sweeps
over it."
A person with a calm and easy dis¬
position is assimilated to " one of those
short-stemmed flowers that lie on the earth;
no wind moves her."
In regard to the first severance of the
tie with the mother country, it is said that
"It ought not to have heen expected
that when the young country came to the
muscle and vigour of manhood, it should
continue to wear the leading strings of
childhood, or remain in the bondage and
apprenticeship of its youth."
Again:
"It has been justly said that the seeds
of our revolution and future independence
were sown by the Pilgrims The
fires of our republic were not kindled by a
coal from the altars of Greece and Rome,
whose freest governments exalted the few
and retained the many in grovelling igno-
80
LITERARY NOTICES.
ranee and servitude. Ours came forth
invincible in the declaration of liberty to all
and equality of rights."
Of the ministers of the "Established
Church," prior to the revolution, it is strik¬
ingly said —
" They preached equality in Heaven,
but little thought it was the kingdom to
come on earth. They were the electric
chain, unconscious of the celestial fire they
transmitted.
The ties and trusts of early life.
" The instincts of childhood and youth
are true and sage. I love every thing, and
every body I loved when I was a child. I
now dread the effect of adventitious cir¬
cumstances— the flattering illusions of
society — the frauds that are committed on
the imagination by the seeming beautiful."
"Etiquette—the divinity of small po¬
lished gentlemen."
A fair rebel from the old regime: —
" A new light had broken in upon her,
and she began to see old subjects in a
fresh aspect. Strange as it may appear
to those who have grown up with the rec¬
tified notions of the present day, she for
the first time perceived the folly of measur¬
ing American society by a European stan¬
dard— of casting it in an old and worn
mould — of permitting its vigorous youth to
be cramped and impaired by transmitted
inanicles and shackles. Her fine mind
was like the perfectly organized body that
wanted but to be touched by fire from Hea¬
ven to use all its faculties freely and inde¬
pendently."
Of a mind in fragments, that has been
shattered by some fatal jar, it is beautifully
observed —
" It takes no durable impression; to
attempt to make one is like attempting to
form an image in sand ; and yet, like this
same sand, which from the smelting fur¬
nace appears in brilliant and defined forms,
his thoughts, kindled in the fire of his affec¬
tions, assume an expression and beauty
that would astonish you."
A thoroughly selfish man is described
as one who " resembles those insects who,
instead of the social senses of hearing and
seeing, which connect one sentient exist¬
ence with another, are furnished with feel¬
ers that make their own bodies the focus
of all sensation."
"Watching and anxiety had subdued
her brilliancy, and had given a depth of
tenderness, a softness to her expression,
bordering on feminine weakness. When
a man has a dread, however slight it may
be, that a woman is superior to him, her
attractions are enhanced by whatever in¬
dicates the gentleness and dependence of
her sex."
A sweetly-spoken malicious girl: —
" She thought Helen Ruthven much
like a bee, who stings while laden with
sweets."
A graceful dancer: —
" She seemed to have surrendered her¬
self to the music, and to be a poetic mani¬
festation of the pleasure of motion."
A worldly lover: —
"He believed he truly loved her, and he
did as truly as he could love. But Jasper
Meredith's love, like water that rises
through minerals, was impregnated with
much foreign material."
" Vanity has a wonderful tenacity of
life: it resembles those reptiles that feed
greedily on every species of food, the most
delicate and the grossest, and that can
subsist on their own independent vitality."
A Life of George Washington, in
Latin prose—Harpers.—A life of the
Father of his Country, in good classical
Latin, and written on this side of the At¬
lantic, is certainly something new in the
literary line in these days. Scholarship is
" looking upand the classics, maugre
the attempt to " Lynch" them in certain
parts of the country, are likely to rise.
Seriously speaking, however, we hail the
appearance of this work as the commence¬
ment of a new era in our country; and we
trust that it will meet with a success which
shall induce other efforts of the kind, and
crush in the bud the insane conspiracy
against the learned tongues which seems
blowing into life in certain parts of the
Union. Let but the lives of our distinguish¬
ed men, and the thrilling scenes in which
they played a part, be embalmed in the
noble languages of antiquity—let the as¬
sociations of patriotic story be linked in
the mind of the young student with the
medium in which it is here conveyed, and
the classics will be so entrenched in the
affections of the rising generation, that no
new fangled systems, however backed by
popular clamour, can ever banish them
from among our elementary studies. The
work before us we may take another op¬
portunity of examining more particularly;
at present we have only to observe that it
has been stamped with the approval of
some of the most distinguished linguists in
the country. The testimonial of Profes¬
sor Anthon alone is sufficient to fix the
character of the book. This life of Wash¬
ington was composed in Latin by Francis
Glass, A. M., late a schoolmaster in War¬
ren county, Ohio, and edited by his pupil,
J. N. Reynolds, at whose request he com¬
pleted the work, and by whom a very in¬
teresting notice is given in the prefab of
circumstances under which it was pro¬
duced,
aiv abdekss
o n
Delivered before the
emostheivtan a phi kappa societies;.
on the
saix'sr
in the
wera^iaia©at^tr <d®
by
baviel chandler, esq'
A MEMBER OF THE PHI KAPPA SOCIETY.
printed by william a. mercer, washington, gai
1835.
PHI KAPPA IIALL, Aug. 7th, 1835.
On motion of the Hon. Johh McPherson Berrien,
Resolved, That in consideration of the splendid manner in which Mr. Daniel
Chandler has discharged the appointment as Orator, from the Phi Kappa Society,
to deliver an Oration on the day after Commencement—a Committee be deputed to
wait on him and request a copy of his eloquent Address for publication.
Resolved, That 5,000 copies of the Address be published at the expense of the
Society.
PHI KAPPA HALL, Aug. 7th, 1835.
Sir :—In compliance with the instructions of the Phi Kappa Society, the un¬
dersigned, the Committee appointed in conformity with one of the foregoing resolu¬
tions, return you the thanks of that Association for the very able, eloquent, and ap¬
propriate Address delivered in the College Chapel before the Demosthenian and
Phi Kappa Societies—and request a copy of your Oration for publication—hoping
earnestly that the Address particularly intended for the Students, which was
not delivered on account of your indisposition, will be embodied with the main part
of the Oration. Very respectfully, yours,
JOHN JONES, i
B. C. YANCY, > Committee.
W. H. LEE, )
Daniel Chandler, Esq.
HELICON SPRINGS, Aug. 8th, 1835.
Gentlemen :—Your note requesting for publication, a copy of the Address, which
I had the honor to deliver before the Demosthenian and Phi Kappa Societies, was
this day received. I feel gratified in ascertaining, from the Resolutions adopted
by the Society, that my humble exertions upon that occasion, have met its appro¬
bation. In compliance, with your request, a copy of the Address will be placed at
your disposal. Yours respectfully,
DANIEL CHANDLER.
Messrs. John Jones, )
B. C. Yancv, > Committee.
W. H. Lee, )
ADDRESS.
Respected Auditory:
Another year has passed, and the grave and gay, the learned and curi¬
ous, the humble and distinguished, have again assembled at this seat of learn¬
ing, to witness the triumphs of cultivated intellect, the ardour of youthful emu¬
lation, the gorgeous display of fashion's whims, and the winning smile of beau¬
ty's charms. Again we witness, the splendors of an imposing ceremony,
and the enlivening circumstances of a Commencement scene-*—and with feel¬
ings responsive to the claims of duty, attest the improvement of the Student,
the fidelity of the Instructor, and the prosperity of our oyn dear Institution.
The divinity of mind has in every age, had its worshippers,—and the rich
embellishments of a cultivated taste, have never been displayed, without a
train of circling admirers. When they are exhibited, in the aspirations of
youthful ambition—infusing a rich spirit into lifeless matter, and casting a
brilliant illumination over surrounding darkness—they cannot fail fp vindicate
the cause of popular Education, and recommend to public consideration, the
important subject of intellectual improvement. The exhibition of the few
last fleeting days, has removed the prejudices of some, and fired the new¬
born zeal of others. Judging from the performances themselves, and the
satisfaction evinced by those who are most deeply interested in the diffusion
and perpetuation of such blessings, we may safely confide in the anticipation,
that from this day forth, the pride and boast of Georgia's munificence, will
strike deep its foundations in the affections of the people, and send far and
wide its cheering light, to aid, elevate, and bless, the struggling and enquiring
pilgrim. Here he may resort, and lingering here may live. Science will
shed upon his mind its enlivening beams, and religion pour upon the darkness
of his soul, the light of immortality. He can here grasp the sublime truths of
Philosophy—trace the varied combinations of Chemistry—dive into the dark
depths of Metaphysics—ascend the towering heights of Mathematics—and
following the sciences through their sublime devclopements, to the wisdom,
power,and goodness of their Author, learn the adoration which is due to Him
from his creatures, and reap the reward, which he has promised to his wor¬
shippers.
In this day of intellectual illumination and individual enterprise, when
mind in its unfettered activity, and its conscious powers, is blessing the world
by its inventions and discoveries, it is impossible to limit the extent of its ac-
4
quirements, or circumscribe the boundary of its flight. It will march with the
sun, while he kindles his fires upon this "diurnal sphere," and dwell with the
stars, as in their linked spells and quiet beauty, they remind the child of im¬
mortality of his final resting place.
"Tyrants! in vain ye trace the wizzard ring;
In vain ye limit mind's unwearied spring:
What! can ye lull the winged winds asleep,
Arrest the rolling world or chain the deep!
No:—the wild wave contemns your sceptered hand—
It rolled not back when Canute gave command !"
Intimately connected with the powers, operations, and triumphs of the in¬
tellect, is a subject, that comes home with peculiar force to our bosoms, feel¬
ings, and interests. To its influence, the statesman is often indebted for that
profound sagacity, which controls the destiny of nations, and regulates the
social relations of man; to its power the warrior in the pride of victory, dates
the creation of that martial feeling, which fired his soul with the love of dis¬
tinction, and nerved his arm in liberty's defence; to its early impressions, the
scholar, laden with the rich spoils of antiquity and the treasures of modern
acquisition, attributes that thirst for knowledge which led him to explore the
mysteries of science, and court the pleasures of literature; and to its sanctify¬
ing effects, the Christian, as he reposes on the hopes of a blissful immortality,
looks as the true source of that tranquility of mind, which enables him in the
dark hour of his dissolution, to link the last pangs of expiring nature with' the
first raptures of ceaseless joy. It concerns us all. It interests the present
and all coming generations. It is the parent of patriotic feeling, of virtuous
'sentiment, of religious desire, and literary distinction. It connects time with
eternity, and brings into sweet identity, hope and immortality. And still, it
is rarely honored with the distinction of a grave discourse, or recommended
by the force of a sincere compliment. It is contemned by power, and insul¬
ted by wealth. Legislation neglects it, and learning itself blush ye gift¬
ed spirits of the age!—casts upon its humble pretensions, the withering smile of
a cold recognition. It is now an Outlaw in our State, and persecution with
all its ancient rigor, still impedes its struggling march. My hearers will be
relieved from suspense, but not surprised to learn that the subject alluded to,
is FEMALE EDUCATION, and that it hath an humble but zealous advo¬
cate, in the Speaker upon the present occasion.
The praises of Woman have been sung in every age; and in all countries,
where the light of civilization has diffused its blessings, her virtues and her
worth have had admirers. To paint her loveliness and recommend her
charms, the fictions of the poet, and the tropes of the orator, have been call¬
ed into requisition. The mind has been stretched to its utmost tension,to exalt
her worth, and the imagination, in the exuberance of its productions, has
drawn upon its resources, to embalm her memory and canonize her name.—
A devotion that partakes of the spirit of chivalry, and an adoration that runs
into the extravagance of idolatry, characterize the feelings and control the
actions of those who live upon her smiles and die in her love. In the ardor
of youthful admiration they invest her with an ideal perfection, and ascend¬
ing beyond towering arch or glittering dome, place her so high,
" It were all one
That we should love a bright particular star,
And think to wed it."
But a spirit as destitute of liberality, as it is devoid of all native manliness,
has too often presided over the customs, manners, and legislation, that have
fixed and regulated the rights, duties, privileges, and obligations of woman.—
She has been sunk by the force of public opinion beneath the high destiny
of her creation. She has been deprived of many of her natural rights by an
arrogant assumption of all superiority. Consigned by the usages of society
to the drudgery of domestic employment, and constrained by necessity to the
performance of duties, in the discharge of which, neither strength of intellect,
nor cultivation of mind is required, the opinion has too generally prevailed,
that she is deficient in intellectual endowments. This impression, together
with the conviction, that there is no necessity to devote either time or atten¬
tion, to the developement of her mind or the regulation of its powers, has
tended to lower the standard of female worth, and to expose the sex to the
mortifications of ignorance, and the humiliation of a gross inferiority. Is this
impression warranted by facts! Can it be justified upon any system of na¬
tional policy, or be sustained by reference to any consideration, connected
with individual happiness, or social enjoyment! It shall be my object, upon
the present occasion, to show that these questions, must be answered in the
negative, and to demonstrate the importance and necessity of Female Edu¬
cation.
The intellectual capabilities of females, have never been fairly devel¬
oped, or accurately tested. Individual cases may be found, in which the ex¬
periment has been partially made, and notwithstanding the paucity of their
number and the inaccuracy of the test, the result has been such, as to au¬
thorize the presumption, that, if not equally gifted with the other sex, they
are by no means deficient in sprightliness of imagination, quickness of per¬
ception, originality of thought, and depth of reflection. But what have gen¬
erally been their opportunities for improvement, and how many facilities
have been afforded them, in their efforts to acquire it! Have they been in¬
structed by those, who have devoted their time and talents, in qualifying
6
themselves for a satisfactory discharge of tfieir duties? Have the grand ma¬
chinery and apparatus of scientific discoveries, been thrown before them,
with all the light of oral explanations, and experimental illustrations? Have
they enjoyed the benefit of twenty'One years' sedulous application, before
they were drawn into society, to make a display of their acquisitions? Have
their lots been cast upon such times and countries, as to enable them to de¬
vote without interruption, the vigor of youthful feeling and the maturity of
grave reflection, to the investigation of abstruse questions, the explication of
grand phenomena, and the developement of deep and mysterious principles ?
Who would have encouraged a trespass upon the sacred dominions of sover¬
eign might, and selfish, aristocratic nobility ? What reception would have
been given to a philosophical dissertation, or a political disquisition, emana¬
ting from a female mind ? Who would have believed her theories, though
founded on philosophical principles, or adopted her discoveries, though sus¬
tained by fact, and confirmed by experience ? What encouragement has she
received from science in its munificence, literature in its wealth, and learn¬
ing in its generous liberality? Who has stood in the open portals of science,
and invited the timid, though gifted intellect, to the consecrated services of
her temple ? Who has presented to her youthful eye, flashing with ambition's
fire, the glittering reward of literary distinction"; or held out to her admiring
gaze, the diadem of ceaseless fame ? When her genius has burst the bands of
restraint, and in the elasticity of its powers, sprung to an altitude as astonish¬
ing for its novelty, as grand for its sublimity, she is unable even from the
height of her exaltation, with the splendors of glory circling her brow, and a
bright illumination irradiating her mind, to flash the light of conviction up¬
on the astonished beholder. He gazes and doubts-—admires and disbelieves.
If truth extort a compliment, its value is destroyed by allusions to the single¬
ness of the phenomena, and by explanations, which deprive talents of their
due, and merit of its reward. But the opinion as to feminine incapacity, is
yielding the tenacity of its grasp, and the developements of the past, made
under circumstances of peculiar neglect and oppression, are loosing the strong¬
hold of pre-conceived opinions and pre-existing prejudices. Truth has flash¬
ed its light upon the world, and the force of its eloquence, has arrested the
attention of philosophizing Sceptics, and moralizing Metaphysicians. It has
pointed to ancient and modern days, and rescued from oblivion's wave, the il¬
lustrious names, of many a daring dauntless soul, of many a gifted splendid
intellect.
Aurelian, in storming the devoted city of the Syrian Queen, was constrain¬
ed to admit the greatness of her mind, the intrepidity of her valor, and the
heroism of her soul; and history, in the justice of its delineations, has inform-
7
ed us, that JZenobia, banished to the villa of Trivoli, could boast a worthiness,
to wear a glittering crown, with Palmyra's great destroyer.
The name of Aspasia, is associated with Grecian glory and Athenian elo¬
quence, and" she who was able, by the greatness of her intellect, the extent of
her acquirements, and the graces of her eloquence, to instruct the most dis¬
tinguished Philosopher, and effective Orator of antiquity, has purchased from
the illiberality of the age, the right and title to a deathless fame.
If Cleopatra, the proud Egyptian Queen, was the spoiled child of fortune,
she was also the boasted representative of female learning. So happy was
the combination of her personal accomplishments and mental acquirements,
that she coulcf amuse the gay, entertain the grave, interest the learned, and
confound the distinguished. Speaking with equal fluency ten distinet langua¬
ges, she could hold her Court with the ambassadors of as many different na¬
tions. She could win by the blandishments of her person, and charm by the
attractions of her mind.
The virtues and maternal devotion of Scipio,s illustrious daughter, adorn
the brightest page of historic fame. In the discretion of genuine devotion,
she rejected the hand of princely pride and regal power, for the sterling worth
and unobtrusive merit of a Roman citizen; and when she became the " mo¬
ther of the Gracchi," she could boast with true propriety, of jewels more pre¬
cious, than the sparkling diamonds and glittering gems of the Campanian
Lady.
The fame of Myrtis and Corinna, the fair instructress and victorious com¬
petitor of Pindar's lyric verse, has come to us from distant time, perfumed
with the sweetness of Grecian incense; and Sappho's muse hath survived the
Lesbian coins and monumental temples, that wore her image, and eternized
her name.
The eloquence of Hortensia, the accomplished daughter of Tully's rival,
has been preserved by the fidelity of Appian's pen. When the Triumveri
resorted to the low expedient of raising contributions from Roman ladies, to
resist the arms of Brutus and Cassius, she boldly appeared before the tribu¬
nal, and plead the cause of her companions and herself, with a zeal, ability,
and eloquence, that reached the heart of her oppressors, and gained the ob¬
ject of her intrepidity.
And where are Agrippina, Aurelia, Atia, Corellia, Julia Precilla, Loe-
Ua, and the long bright throng, that shine resplendently through the dim vista
of years gone by 1 They live in the recollection of every friend of lkerary
taste, and plead in soul-subduing eloquence, the injured cause of female
greatness and female worth.
If we descend to modern times, the light of truth will still disclose, Empires
8
won by female valor, Sceptres wielded by her hand, Crowns lying at her
feet, Men the play-things of her power, the World the theatre of her greatness.
If Boadicia could well aspire to Britain's ancient throne, it became
the indisputable right of Elizabeth, in the greatest, brightest day of England's
renown. Notwithstanding her admitted infirmities, the elevation of her views,
the grandeur of her conceptions, the varied accomplishments of her mind,
and the dazzling splendors of her intellect commanded the homage of an ad¬
miring world. Statesmen respected the wisdom of her counsels, Philoso¬
phers admired the ingenuity bf her speculations, Poets were charmed by the
delicacy of her taste, and even Divines, forgetting the injunctions of the
Decalogue, in celebrating the " birth-day of the Gospel," worshipped as she
passed. Viewing the splendors of her reign, and properly appreciating the
grandeur of her administration and its blissful results, the proudest name of
the Tudors or Plantagenets, had not a right "more divine" to rule, than
Elizabeth of England.
The name of Catharine, the second, is associated with Russia's prosperi¬
ty, splendor, and glory. This is the more remarkable, as her sex were regard¬
ed by the legislation and received opinion of that country, as beings of subor¬
dinate rank—alike destitute of intellectual endowments, and of a spiritual exis¬
tence. To such an extent was this prejudice carried, that in taking a census of
the population, as late as the reign of Peter the Great, men were denomina¬
ted souls, and women were denied the dignity of this appellation. But Catha¬
rine redeemed the intellectual character of her sex, and by her policy and
achievements, shed upon the page of the World's history, a brightness and
glory, that have shown with undiminished lustre, through the lapse of inter¬
vening ages.
With the splendor of Maria Theresa's reign, we are all familiar. The
virtues of her heart were only equalled by the accomplishments of her mind,
and her " queenly existence" demonstrates what good can be effected by a
wisdom, that studies the happiness of a people, and a prudence that controls
the selfish suggestions of our nature. When she received the reigns of do¬
minion from the hands of her falling father, the countries over which it was
her privilege to exercise regal authority, had, by the imbecility and misman¬
agement of her unfortunate predecessor, been reduced to ruin and distrac¬
tion. Soon after her accession to the throne, while young and inexperienced
in the arts and science of Government, she was called by the peculiar circum¬
stances of her situation, to display the strength of a resolution and the bold¬
ness of a design, that carry with them the thrilling interest of a romantic ad¬
venture. In the war of the Austrian succession, Frederick's arm3 were vic¬
torious—Silesia was his, and the capital of Maria Theresa, was in imminent
9
danger of a disastrous invasion. In vain she applied for assistance, in vaia
she expected promised deliverance, in vain she looked to her ministers for
advice, and to her friends for consolation. In the strength of her despair, she
flew alone to Presburg, and by the blandishment of her charms, the policy of
her measures, and the magnanimity of her soul, was proclaimed Queen of
Hungary. With the iron crown of St. Stephen upon her head, and his
glittering scimitar girded to her side, she appeared before the Senate of her
new but enthusiastic subjects. The splendors of a Queenly robe were laid
aside for the simplicity of the Hungarian costume. The habiliments of
mourning flowed gracefully around her—maternal solicitude was depicted up¬
on her countenance—and the situation of her suffering subjects pressed hea¬
vily upon her heart. Her feelings spread from bosom to bosom, the flame ran
with electric rapidity, and all awaited with beating hearts, her tale of sorrow.
Rising before the assembled nobles, "fair as the sun and lovely as the moon,"
she tells them in thrilling, feeling language, "that the very existence of our
kingdom, of our person, of our children, of our crown, is now at stake ; and
forsaken by all, we place our sole hope in the fidelity, arms, and long-tried
valor of the true Hungarians." The touching appeal, the melting manner, the
visible distress, the urgent necessity, overcame the assembled chiefs. Her
enthusiasm is caught—her martial feeling has fired the bosom of restless souls
—and it spreads from heart to heart, till all are wrapped into a blaze of ex¬
citement. The glittering sabre is drawn, the pointed spear is displayed, the
martial cry is heard, and with one accord, there bursts from every heaving
Dosom the animating, cheering cry, "our swords and our blood for your Ma¬
jesty—we will die for our King, Maria Theresa!" The valor and loyalty of
the devoted Hungarians saved the heroine of Presburg, and she lived to bless
the world, and raised her kingdom to the first rank among the nations of Eu¬
rope.
Leaving the splendor of Palaces and the exaltation of Thrones, we shall
find in the tranquility of private life and the unobtrusive pursuits of literary
acquirements, the same evidences of moral grandeur and intellectual great¬
ness. We shall there see, shining in brilliant glory, the " precious fragments
of Elizabeth Smith—the venerable learning of Elizabeth Carter—the eleva¬
ted piety of Hannah Moore—the persuasive sense of Mrs. Barbauld—the be¬
witching fictions of Madam D'Arbla}'—the vivid, picturesque, and terrific
imagery of Mrs. Radcliffe—the glowing poetry of Mrs. Hemans—the match¬
less wit, the inexhaustible conversations, the fine character painting, the prac¬
tical instructions of Miss Edgewortb, the great known, standing in her own
department, by the side of the great " unknown."
Thpse Examples, selected from the great number, that swell the volumes of
10
the world's history, must serve as illustrations of the vigor and strength of fe¬
male intellect, and vindicate the pretensions of the sex to high intellectual en¬
dowments, from the unmanly imputations of a stupid scepticism. Let it not
be said, that her mind is not susceptible of great improvement. Away with
the supposition, that she cannot master the sciences, or understand the higher
branches of literature. She can comprehend them, in all their varied extent,
and diversified ramifications. Give her an opportunity, and science will be
her handmaid—philosophy her companion—and literature her play-thing.
Such then, being the capabilities of the female mind, I am led by an easy
and natural transition, to the consideration of the importance of its cultivation.
The proposition strikes one, with the force of an axiomatic principle, and
the only wonder is, that the world has slumbered through so many ages on a
question, that involves in its determination, individual greatness, social hap¬
piness, and national prosperity. The marked difference, that exists in the
education of the sexes, cannot be justified upon any principle of sound philo¬
sophy or legitimate reasoning. Their duties, responsibilities, and engage¬
ments are widely dissimilar, but this very diversity of pursuits, if dispassion¬
ately considered, will demonstrate the necessity of forming by education, the
female mind, and of improving by early attention, its natural powers. Man,
stands before us, in all of his native dignity. He commands admiration by
the boldness of his designs, the grandeur of his conceptions, the chivalry of
his deeds, and the pre-eminence of his talents. He delights to figure in the
world's eye, and to hear his praises rung by every tongue. He glories in the
stormy agitations of life. His throne is tempest, and Jris state convulsion.
He rules nations by a word, shakes kingdoms by his influence, overturns
governments at his will, and destroys his fellow-man in the mere wantonness
of power. Riding upon the whirlwind, he mocks the raging storm; playing
with the lightning, he hears unmoved the thunder's voice. The wings of time,
make for him music as they move ; and he forgets too often, as he is wafted
to Eternity's brink, the dread realities of a " God in thunder, and a world on
fire." Such are generally the aspirations of his mind, the employment of his
life, and the consummation of his career. To be prepared for their strange
vicissitudes, and to control with facility, their wonderful mutations—Man
should be educated.
Woman sits by her fireside, in the beauty of her charms, and in the wor¬
shipped graces of her loveliness. The nature of her duties, the care of her
children, the laws of the land, and the usages of society, bind her to the home
of her love. She delights to smooth the rough asperities of nature, to temper
the burning heat of restless ambition, to check the adventurous spirit of dar¬
ing heroism, and to sweeten by the endearments of social intercourse, the
11
passing hours of a brief existence. When the world is convulsed by the mad¬
ness of ambition, and distracted by the vice and folly of legalized wickedness,
she enlivens and purifies the domestic circle, by the affections and charities of
a " well-ordered life, and a blameless conversation." She watches with ma¬
ternal solicitude, the sportive tricks of helpless infancy—listens to the sweet
music of its voice—exults in the endearing playfulness of its smiles—weeps
at the melting accents of its cry—and as she rocks the little manly spirit to its
repose, strikes the silver-toned notes of merry happiness, and enjoys again
the " dewy freshness of life's morning hour." In time's rapid flight, the days
of childhood have passed, and the little prattler, stands by his " mighty mo¬
ther's" side* life's young pilgrim. With a deep sense of the responsibility
of her trust, she moulds his mind, and forms his manners; directs his powers,
and regulates his conduct. In process of time, she unfolds the saving truths
of his condition and danger, destination and immortality. She strikes the
chords of deep-toned feeling, opens the fountains of sympathetic emotions,
kindles the flame of virtuous ambition, points to the source of religious con¬
solation, and at last, sends forth the wanderer upon the world's wide theatre,
with a mother's love, and a mother's blessing. To perform appropriately
these high and delicate trusts, should not Woman be educated1
The importance of female education, may be considered in the firstplace,
with reference to the females themselves. It has been a common opinion,
and even now its incorrectness is not universally admitted, that the cultiva¬
tion of the female mind, is inconsistent with the domestic duties of the wife,
and that her time' can be more appropriately and profitably employed, in
studying the thrifty arts of household industry, than in acquiring a taste for
intellectual enjoyments. This is not true. Knowledge will interfere with
•no duty of life, nor will it weaken the force of any obligation that is imposed
by nature or society. .Such is not its effect. It springs from a source, that
forbids such a supposition. As the mind is enlightened, its perceptions will
be increased, and its convictions deepened. It can then see more vividly the •
nature of its obligations, and appreciate more highly the necessity of their
performance. Instead of regarding the economy and industry of domestic
engagements as onerous duties, the enlightened female, will esteem them a
peculiar pleasure; because their importance, and her responsibility, will come
home to her good sense, with a force and frequency, that habit can never create.
She will discover too, that such employments are not incompatible, and that
method and system, will enable her to devote her time and attention, both to
domestic arrangements and intellectual improvement. True knowledge is
the parent of human virtue, and human happiness. It softens the feelings
and susceptibilities of the heart, deepens the affections and devotions of the
V>
soul, and elevates the views and conceptions of the mind. It sheds a "cheer¬
ing light on domestic duties, and its very sparkles, like those of the diamond,
attest at once.its power and its purity." Admitting, however, that such a
supposition is warranted by fact, is it not inconsistent with the spirit of the
age, and the obligations we owe the female sex, to hide in neglect and smo¬
ther in ignorance the bright light of an immortal mind I Have they not im¬
portant duties to discharge—duties that extend beyond the sphere of house¬
hold industry"? Have they not too, trials to bear and sufferings to endure,
that conquer the fortitude of the greatest—that often rend the spirit, and
make existence itself a miserable allotment"? There are troubles that sweep
like a whirlwind over the path of woman's life; and what can prepare her
for the violence of their shock, but the elevating principles of education, and
the tranquilizing spirit of religion? The cultivation of her mind, would not
only raise her above misfortune's storms, but exalt her in her own estima¬
tion, and give her in the social circle, a degree of intellectual importance,
which she has never enjoyed or properly appreciated. The consequence
would necessarily be, a reformation of the social habits of the sex, a renova¬
tion of her intellectual pursuits, and a regeneration of her spiritual energies.
She would cease to delight so much in the giddy amusements, that serve on¬
ly to dissipate time and waste away existence. Reading would be an em¬
ployment, study an amusement, contemplation the source of happiness, and
reflection the rich treasury of many a blessing. Conversation would assume
a more refined and elevated tone, and partake of that simplicity, purity, rich¬
ness, elegance, eloquence, and spirituality, that ever characterize intellectual
improvement and true feminine dignity. The collisio# of mind with mind,
would strike out the fire of genius. It would glow in friendly discussions, and
blaze in more animated debates. It would spread from bosom to bosom, and
burn from altar to altar, till every heart was warmed by the vestal flame, and
purified by the holy essence. New tastes would be formed, new habits crea¬
ted, and new occupations pursued. An impetus would thus be given to fe¬
male exertions. She would enter the race for literary distinction, and strug¬
gle for the prize of scientific reward. A consciousness of intellectual power,
would engender in every bosom a feeling of self-respect-—this would lead to
improvement—improvement to distinction, and distinction to immortality,
In view ©f these important truths, how long will it be before the female mind
is directed to intellectual acquisitions, employments, and pursuits?
The importance of this subject will be conceded, if we consider in the
second place, its effects upon the feelings, pursuits, and happiness of the oth¬
er sex. Man is social in his nature, and delights to hold communion with re¬
fined and intellectual beings. His mind requires relaxation; and flying from
13
the dullness of abstract speculations, or the perplexities of a complicated bu*
siness, he will seek a congenial spirit with which he can enliven the flight
of a passing hour. He will find it in the woman, whom education has bless*
ed with refinement of feeling, delicacy of sentiment, elevation of thought,
and sanctity of character. With such an one, his recreations are consecra¬
ted to Science, and his very amusements become the schools of instruction.
If he sustain her a tenderer relation than that of friend, his sources of hap¬
piness will be multiplied beyond the limit of computation. In all the trials
of life and the vicissitudes of fortune, Home with its hallowed endear¬
ments, will be the centre of attraction. It will draw to its sanctuary adver¬
sity's child, and shield from the enmity of an unfriendly world, fortune's out¬
cast. The Wife is there, to welcome, to comfort, and to bless. It is her
happiness, her pride, her true glory. The Husband sees, feels, knows it.
His heart runs to meet its hope, and throws itself, with an entire recumbency
upon its sustaining prop. Dissipation's paths are now deserted, and pleasure
with its syren song, can no more allure its victim to ruin's brink. In the
vain pursuit of present happiness, he has tried to grasp its fleeting phantoms.
It has mocked him with its Protean forms, and cheated him by its Camelion
hues. Driven by adversity's storm, he has sought it at last, in life's chosen
companion* Lucretia-like, she is found at home. 'Tis consecrated ground!
who will intrude 1 'tis a privileged spot! who can interfere 1 Be still, ye
raging tempests,—be hushed, ye roaring storms,—a refuge is sought,—a*
refuge found.
" Ask the gray pilgrim, by the surges cast
On hostile shores, and numb'd beneath the blast;
Ask who reliev'd him—who the hearth began
To kindle,—who with spilling goblet ran—
Oh! he will dart one spark of youthful flame
And clasp his withered hands, and Woman name."
The importance of Female Education, can be more fully exemplified, by
reference to its effects upon the hopes, characters, and prospects of the rising
generation. Childhood is helpless, and wants protection, ignorant, and
needs instruction, peccable, and requires supervision. The pliancy of his
feelings, the tenderness of his heart, the susceptibility of his mind, and the
flexibility of his purposes, all show, that at this critical period of his existence,
it is a matter of the utmost importance to his future usefulness and-happi¬
ness, that a virtuous direction be given to his principles, and holy aspirations
be kindled within his bosom. As his faculties expand and his mind strength¬
ens, science brings her contributions from every region in the realm of
thought. They are often dangerous in their nature, ruinous in their tenden¬
cy, and destructive in their elfccts. Owing to the neglect of early instruc-
14
tion, and the want of proper information, false systems are embraced, dan¬
gerous doctrines entertained, incorrect impressions imbibed, fatal opinions
encouraged, and delusive hopes indulged. These evils can only be obviated
by a correct, systematic, and judicious course of juvenile instruction. It
must commence in the nursery. There impressions are to be made, and
truths inculcated, which will endure through time, and extend through eterni¬
ty. The mind is very soon susceptible of impressions, and the durability of
these impressions, is generally in inverse ratio, to the earliness of their in¬
culcation. They often, when thus acquired, influence the conduct, control
the actions, and stamp their characters, upon the page of man's destiny.
From whom, is he to derive these sentiments, opinions, and principles?
Where is he to look for instruction, for direction—for the light, to illuminate
the darkness of his mind, and the sun to warm the torpidity of his energies?
The mother in the tenderness of her love, in the fullness of her heart, in the
solicitude of her feelings, in the strength of her resolution, and the bound¬
lessness of her influence, is to open the leaves of the dawning intellect, and
direct the branches of the expanding faculties. She is appointed by nature,
and made by the usages of society, the first instructress of the immortal mind.
Who can estimate the power, she exerts, over the precious trust, committed
to her charge ? How boundless her influence ; how illimitable her sway;
how irresistible the force of her instructions ! The Orator may arise in the
dignity of his profession, and catching fire, from the inspiration of his theme,,
may flash the lightnings of his mind, roll the thunder of his voice, and sweep
away in the whirlwind of his eloquence, an electrified audience, and fail af¬
ter all in the accomplishment of his purpose. He has prejudices to encoun¬
ter, opinions to combat, impressions to remove, and opposition to overcome.
And when the storm of passion has passed, and the tempest of feeling
subsided, it will he discovered that the lightning's blast has been resisted, and
the thunder-boli's power defied. Not so with the Mother. Her eloquence
is ever felt, because it is always effective. It is not dressed in the splendors
of rhetoric, or encumbered with the drapery of a meretricious decoration. It
plays in mild persuasion, around the yielding heart, and steals upon the mind,
like the " soft breeze of summer." It enforces its argument by smiles, arms
its reasoning with kindness, and produces conviction, by its touching gentle¬
ness. It has not the pride of opinion to combat, the stubbornness of preju¬
dices to remove, the inveteracy of habits to conquer, and the presumption of
self-sufficiency to overcome. • The consequence is, her eloquence reaches
the heart, and infusing into the young immortal mind, her own feelings, con¬
victions, sentiments, and principles—she moulds a character, and fashions a
man, that may work the redemption of the world.
15
The present system of juvenile instruction as pursued in our country, is
deficient in several important particulars—and these deficiencies if traced to
their proper origin, will generally be attributed, to the neglect or mis-direction
of maternal influence. The object of Education is two-fold. In the first
place—so to cultivate the principles of our nature, as to bring them to the
greatest possible perfection,—and in the second place, to manage and control
the impressions and associations of early life, in such a manner, as to secure
them against the mischiefs of error, and the dangers of a false philosophy.
If the principles of the mind, the affections of the heart, and the aspirations
of the soul, be judiciously developed, controlled, and directed, one great ob¬
ject, in juvenile instruction, will be accomplished,—and then, if habits of
mental exertion are acquired, impressions of a moral nature are made, asso¬
ciations of a proper character are formed, and a taste for intellectual enjoy¬
ments has been cultivated and confirmed,—the great business of human edu¬
cation, will be consummated. To accomplish objects of such great impor¬
tance, and momentous magnitude, it is necessary that the agent, by whose in¬
strumentality, this work is to be commenced and perfected, have a correct
knowledge of the principles of human nature, and of the laws which regulate
their operations,—a due conception of the capabilities of the mind, and of
its sources of enjoyment.
If a love of literature and scientific investigations, is not implanted in the
mind, in the days of its pliancy and impressibility, it will, with great difficulty
be inspired, after our habits are formed, our pursuits selected, and our charac¬
ters developed. The mind from its very nature, must have some object on
which to fix its attention, and if not properly directed to the light, that reveals
its high capabilities and true destination, its spirit will evaporate in the frivolity
of its engagements, and its energies be prostrated for the want of suitable em¬
ployment. Hence the necessity of creating in infancy a thirst for literary
pursuits, and a taste for intellectual enjoyments; and of preparing every per¬
son, by a proper cultivation of the intellect, and a correct discipline of the
mind, to become, if circumstances or necessity require, the instructor of his
own children. Upon the mother, this duty generally devolves. The father
cannot do it. The nature of his business, the bent of his inclinations, and the
engagements of his mind, often preclude the possibility of his devoting any
of his time to this important subject. Immersed in the duties of his profes¬
sion, distracted by the multiplicity of his engagements, agitated by the storms
and tempests of politics, and aspiring himself to distinction, he too often for¬
gets the claims of his rising offspring. The nature of such employments, and
the absorbing character of such pursuits, throw upon the virtues, labors, love,
care, and attention of the mother, the fearful responsibility, of training and
16
educating the*dear pledges of their love. If she have no taste herself for
literary pursuits, no knowledge of the operations of the mind, no disposition
to undertake the drudgery of a systematic course of instruction, the young
immortal, with its faculties expanding and courting the dews of science, grows
up in neglect and withers on the sterile soil of home, or is sent abroad among
strangers, to acquire those rudiments of learning, which domestic instruction
should have afforded. Thus situated, he is either neglected, or exposed to
the vices of the world, the dissipations of the age, the temptations of pleasure,
and the seductions of a false morality. Free from the wholesome restraints
of parental authority, without a mind previously disciplined by instruction,
or a heart sufficiently fortified by virtue, he plunges into the vortex of dissi¬
pation, and amid its ingulphing whirls, is wrecked and lost, to a mother's
love and a country's hope. The dangers of sending from under the parental
eye, females of a tender age, are still more serious. In their infancy, they
always need a mother's care and a mother's attention. Timid and confiding,
ingenuous and unsuspecting, warm and enthusiastic, they are exposed neces¬
sarily to the demoralizing effects of a promiscuous association, and to the
unseen dangers of a thousand temptations. Needing counsel, the timidity of
their nature, often prevents them from applying to their superiors for direc¬
tion, and requiring admonition, the tenderness of their years, frequently dis¬
arms reproof of its instruction. In times of trial, who is to direct them?
When perils are near, who is to warn them? Who is to guard the "glad
bright creatures," springing into life with " patient, vigilant, never wearied"
attention ?
" There is none,
In all this cold, and hollow world, no fount
Of deep, strong, deathless Iove,*save that within
A mother's heart V
Is there 110 way to enlighten the mind without running the risk of corrupting'
the heart? Can no system be devised, that will accomplish the great objects
of juvenile education, without hazarding the happiness of the parent, and
destroying the usefulness of the child ? The spirit of the age responds, there
is. The genius of philosophy tells us, that an enlightened system of Female
Education, will make the nursery the school of wisdom and instruction. In
the solitude of its retirement, the affections can he cultivated, the mind devel¬
oped, the passions regulated, and the character formed. There our sons can
be prepared to tread with safety the fields of science, and our daughters quali¬
fied to become, in their turn, the instruments of elevating the aspiring mind,
and sanctifying the youthful heart.
The importance of thus enlightening the female mind, may be illustrated
by taking another and more extensive view of the subject. The education
17
that thus qualifies the mother for the instruction of her oVvn household, will
not be confined to its circumscribed limits. It will scatter in rich munifi¬
cence, its blessings o'er the land. Prepared by study and experience for the
important duty of juvenile instruction, she will send forth from a teeming press,
books and productions, suited to the taste and adapted to the comprehension
of the youthful mind, and calculated by their simplicity and sublime morality,
to inspire the feelings and principles, which ensure greatness, glory, useful¬
ness, and individual happiness. In this department of science, a new era has
already been witnessed, and the names of Barbauld and Edgeworth, Taylor
and HofTland, Moore and Sigourney, deserve to be inscribed high on the
rolls of fame. In this province, Woman is at home. She knows the feelings
and dispositions of the youthful heart—the powers and capabilities of the ex-
panding mind. She can therefore accommodate herself to the tenderness of
early years, and by a rich infusion of her own spirit into the productions of her
pen, conduct the inquisitive mind to knowledge, virtue, and practical useful¬
ness. Her light will not be confined to the little system of which she is the
centre. Taking to itself "the wings of the morning," it will fly to every
point, where the darkness of ignorance prevails. It will beam on the moun¬
tain, glow in the vale, and warm into life and action, the dormant energies of
many a child of poverty, who will itself become the centre of new systems,
equally grand and beneficial.
In the elegant and fashionable literature of the day, a wide scope is pre¬
sented for the active employment of her mind. There the sprightliness of
her wit, the purity of her style, the elevation of her thoughts, and the spiritu¬
ality of her religion, can shine in their most attractive lustre, and sparkle with
their greatest brilliancy. Her descriptions of natural scenery are graphic—
her delineations of passing events are faithful—her pictures of rural felicity
are striking—and her expositions of the passions and emotions of the mind,
find a counterpart in the stormy realities of our existence. She breathes in
every word the purity of her own thoughts, and throws around every senti¬
ment, the charm of her own loveliness. Licentious productions are abroad
in the land, recommended by all the charms of style, all the delusions of so¬
phistry, all the attractions of wit, and all the fascinations of talent. Our youth
revel in the voluptuousness of their scenes, and banquet on the elegance of
their descriptions. It is woman's pen that kindles the beacon light, which is
to warn the young and the unwary of the fatal rocks, that lie beneath the
smooth waters of these seductive effusions. There will always be seen and
felt in her productions, the virtue that exalts, the sentiments that purify, the
trials that call forth a Seraph's energies, and the " sweet affections, that strew
with flowers, life's dusty highway." Vice will never find in her an advocate—
1^
licentiousness a friend—or infidelity an apologist. iSlie bieathes the atmos¬
phere of virtue and piety. Iler heart is religion's home. It deepens hci
feelings, exalts her thoughts, and purifies her affections. How comprehensive
its morality—how sublime its mysteries—how subduing its effects—how en¬
couraging its promises—how lasting its rewards! Child of immortality! here
is your hope—Country of my love !-on this rock must rest the temple of your
freedom.
The importance of this subject may be further illustrated, by considering
its influence upon public opinion, and its connection with the prosperity and
perpetuity of our Government. The liberty of our country is bound up in its
virtue—its virtue depends upon its intelligence—and its intelligence springs
from the cultivation of its intellect. We may legislate—we may enforce with
stern inflexibility the most sanguinary laws—the pulpit may thunder its elo¬
quence Sabbath after Sabbath—the press may pour forth its bitter denun¬
ciations from day to day—and unless public opinion is enlightened, elevated,
and refined, crimes will multiply, and guilt, instead of being disarmed and
driven from the land, will laugh to scorn the efforts that are made for its sup¬
pression. We must strike at the very foundation of all private transgression,
and public iniquity. We must enlighten the public mind, purify the public
morals, engage public attention, and then we will remove from their lodge¬
ment, vice, ignorance, idleness, and all of their concomitant evils. Then
our country, in the pride of its strength and the beauty of its promise, will
march with a rapidity that has never been equalled, to the summit of nation¬
al greatness and earthly renown. She lias already accomplished much, but
more remains to be done; and the danger most to be dreaded is, that a de¬
clension in public virtue, and a servile, sycophantic spirit, that seems to char¬
acterize the age, and strike dead the high and noble exertions of an indepen¬
dent mind, will defeat the grand experiment we arc making. A few years
since, our country was without commerce, without credit, without resources,
and without a government. Her destiny was unknown. It was the theme of
countless speculation, and the object of serious apprehension. After resist¬
ing the fury of the whirlwind, she stood tottering on an unstable basis. By a
concurrence of extraordinary events, she adopted a Constitution, salutary in
its provisions and limited in its powers. Since that time, she has organized
her Government, increased her population, extended her territory, establish¬
ed her credit, invigorated her finances, and enriched her treasury. She has
waved the wand of the enchantress, and spoken into existence the visions of
her fancy. Where once the Indian roamed, and panther prowled, cities
now stand in proud magnifiri nee. The plough bov's whistle now salutes
the ear, where late the war-whoop echoed through the wild-wood. Wheie
ill
once the smoky wigwam stood, the stately church now rears its lofty spires.
The forests have fallen beneath the axemen's steady blows, and been trans¬
formed into habitations of refinement and elegance. Commerce, command¬
ing the arts and sciences to her aid, has thrown otf her sluggish auxiliaries,
and now appears in new and imposing attributes. She sweeps along the land
with the lightning's wing and the thunder's voice. By her own inherent en¬
ergies, she rides proudly over the rushing torrent, and scuds lightly over the
foamy ocean. She visits every land, and returns with the treasures of every
clime. Our Navy moves in majesty by her side, and dares the nations
of the earth to arrest her pursuits. Within our borders, is to be seen industry
in all its forms, and all its skill. Science has her votaries in every depart¬
ment. In government and all its connexions and dependencies, they have
no- rival. In Philosophy, Theology, Belles Lettres, and the exact sciences,
they are fast rising to the first rank. Through all the length and breadth of our
country are to be seen wealth, peace, liberty and happiness. How are these
blessings to be preserved and perpetuated ? By parchment scrolls and paper
constitutions I Well said the pungent Randolph, "you may entrench your-
selfinparchmontto the teeth, the sword will find its way to the vitals of the
Constitution. I have no faith in parchment—I have no faith in the Abraca¬
dabra of the Constitution." If the durability of our institutions and the per¬
petuity of our liberties depend on them, we have no reason to boast of our
political pre-eminence, our national superiority, our individual rights, or ci¬
vil immunities. They are within the power of the first aspiring demagogue.
They will be trampled under foot by the first successful Tyrant. An iron-
handed despotism, as relentless as death and remorseless as the grave, will forge
for you its chains, and clank their music in your ears. What are parchment
limitations or paper prohibitions to the popular Tyrant ? Can they bind him?
Will they restrain him ? Ha will snap them asunder as "burning tow," and
scattor their shattered fragments to the winds. No! fellow citizens, the dura¬
bility of our Government and the permanence of its institutions, rest upon
the elevated virtue, the enlightened opinion, and the irresistible moral force
of a free people. Our Union was cemented by blood—it is consecrated by
affection. It cannot be riveted by physical power. The bonds that unite us,
are moral ones. They spring from the mind and heart. Their strength is
found in virtuous patriotism, in liberal feelings, in magnanimous concessions,
and in mutual forbearance. Cultivate these feelings, principles, and senti¬
ments, and you cement the very elements of your Union. Every patriot will
then c,ling to it, as the only "pledge of freedom and peace." Around its glit¬
tering stars and streaming stripes, will be found clustered the chivalry of the
land. United in the bonds of "one great brotherhood," our eyes will cease
20
to gaze on the splendors of a central Sun, but will contemplate in their beau¬
ty, twenty-four eternal Stars, lighting up the temple of freedom, with their
quenchless lustre.
If such be the influence of intelligence and morality upon public opinion,
and such their connection with the prosperity and perpetuity of our Govern¬
ment, is not the deduction necessarily legitimate, that our country itself will
feel, through all of its diversified relations, the saving effects of the intellectu¬
al powers of the female mind ? Such will be the result. Our public men
will be more pure, enlightened, virtuous, disinterested and patriotic. Our
private citizens will be more industrious in their habits, elevated in their feel¬
ings, and intellectual in their pursuits. Our sons will abandon the scenes of
dissipation and ruin, and with excited thoughts and holy aspirations, struggle
for honor and immortality. And our daughters, catching the spirit of the age,
will in the tranquil devotion of their feelings, kneel at the altar of science and
religion, and invoke the blessings of their holy ministrations. What a change
in the aspect of our country! What a difference in the moral and intellectu¬
al character of the people! May it be our happy lot, to realize in the fulness
of their fruition, these cheering and sublime anticipations !
Having attempted, after illustrating the capabilities of the female mind, to
demonstrate the importance of its improvement, I will in the conclusion of my
remarks, exhibit to your consideration a few data, that will tend to show the
necessity of adopting in our country, and particularly in our State, an enlight¬
ened and systematic course of female education. There are in the U. States
2,000,000 of mothers--—spread over its surface, mingling with its society, and
rearing up the future defenders of our liberty, and supporters of our institu¬
tions—and of this number, what proportion is qualified to fashion and direct a
mind, "formed in the finest mould, and wrought for immortality?" How
many of them are now engaged, in giving their children the advantages of a
preparatory education? How many in our State, where the light of educa¬
tion is not so generally diffused, are affording the young and inquisitive mind,
the full and lasting benefits of inductive instruction? Had I the means of as¬
certaining with certainty the exact number, the bare statement of the fact,
would produce a revulsion of feeling through this enlightened assembly, and
would force upon the mind of scepticism itself, a conviction of the necessity of
attending to the intellectual improvement of the female sex.
Again—There are in the United States, 5,000,000 of females, and in Geor¬
gia 145,000—amd of this number, how many have contributed to the elegant
literature of the day—the rich poetry of the age—the bewitching fictions that
amuse—and the sober dissertations that instruct? A Sigourney and a Sedg¬
wick have sent from their glowing minds, the bright scintillations of an "ethe-
21
rial fire;" and a few other gifted spirits have struck their harps of poesy,
and sung its quiet tunes to the "sleeping woods"—but we have looked in
vain for that bright constellation of " eternal stars," which lights the heavens of
literature with its sparkling radiation, and attracts the eyes of the world by
its dazzling brilliancy. We have seen a meteor flash its light, and pass in
blazing glory through the world—but seldom has the bright orb of science,
burst with its splendors from the sky, and cast upon the female mind its glit¬
tering beams. Our country has produced but few distinguished females,
who have presumed to dispute the dominion of authorship, with the aspiring
minds of the other sex. Why is this the case ? Why have not the pages of
our Literature, been enriched with the names of a Carter and a Smith, a
Moore and aBarbauld, a Dacier and aD'Arblay, a de Stael and a Hemans,
an Edgeworth and a Radcliffe? We have the materials in rich abundance.
Diamonds lie buried in our intellectual mines. They shine through the rub¬
bish and neglect of ages. Polish them by the hand of culture, and they will
sparkle in the coronet of fame, and glitter in the crown of immortality.
As a further illustration of the necessity of an enlightened system of Fe¬
male Education, I would state that the number of Females in the United
States, between the age of 15 and 20 years, may safely be estimated at 500,-
000, and in the State of Georgia at 15,000. They are in the bloom of
youth and the loveliness of beauty. They mingle in our society, contribute
to our social enjoyment, and spread the witchery of their charms over youth¬
ful feeling and matured reflection. And of this number—so captivating by
their personal attractions, and winning by their native delicacy of sentiment—
how many have enjoyed the privilege of conversing with the mighty dead of
other days; of holding communion with the master-spirits of Grecian and
Roman fame; of walking with Philosophy in its brilliant discoveries, or
keeping pace with Science in its progressive improvement 1 How many of
them have enjoyed the inestimable benefits of an enlightened education 1 Are
they familiar with general and natural History—with natural and moral Phi-
losophy-^-with Chemistry, Geometry, and practical Mathematics—with Chro¬
nology, Belles-Lettres, and Rhetoric 1 How many of them have never heard
of Newton's Principia or Bacon's Organum ? And how few of them, under¬
stand the philosophy of the human mind and the laws of its operations—the
science of Theology and the sublimity of its truths 1 These questions come
home to our feelings and interests, and could satisfactory answers be obtained,
they might awaken the public mind to the consideration of the most impor¬
tant subject, that has ever engaged its attention.
Again—There are in the United States, at least 2,000,000 of Females,
under the age of 15 years—and in tho State of Georgia, not less than 75,000.
-22
What proportion ol' this number, embracing the promise and beauty of the
land, is reaping the fruits of instruction, or enjoying the pleasures of knowl¬
edge"? Upon many of their minds, the first ray of science has never shot its
sacred light—and the few who seek the consolations ofintellectual instruction,
repair to temples erected for other worshippers, and kneel before altars con¬
secrated by a stranger's blessing. In our country, there are 61 colleges,
containing extensive philosophical and chemical apparatus, valuable cabi¬
nets of minerals, and libraries that embrace more than 300,000 volumes—and
to the disgrace of the nation be it spoken, not one is dedicated to the cause of
female education. No apparatus explains the principles of her studies—no
libraries throw their collected light upon her neglected mind. She has no
sanctuary in which to place her shrines—no altar where she can kneel, and
with saint-like devotion, "make of her prayers one sweet sacrifice." Child
of promise! the day of thy liberation drawoth nigh. Knowledge has raised
her eyes to Heaven, and sent to its glittering throne, her prayer of faith in
thy behalf. On its power I rely—in its efficacy I trust. In the performance
of its duties, it fears no danger, spares no expense, omits no exertion. "Its
seat is the bosom of God, its voice the harmony of the world. All things in
heaven and earth, do it homage, the very least as feeling its care, and the
greatest as not exempt from its power. Both angels and men, of what condi¬
tion soever, though each in different sort and manner, yet all with uniform
consent, admiring it as the parent of peace and happiness."
These facts collected from a great variety that are at hand, demonstrate the
true cause, why the most interesting portion of our population is yet in com¬
parative ignorance and obscurit}'. Give the female, the same advantages of
instruction with the male; afford her the same opportunities for improve¬
ment, and she will struggle with the boldest mind, for the mastery in science
and in letters, and outstrip in the proud race of distinction, many of the favor¬
ed objects of parental solicitude and legislative bounty. Shall not these ad¬
vantages be afforded her? The spirit of the age, which seems by the ubiqui¬
ty of its presence and the greatness of its power, to pervade every country,
animate every bosom, and prosper every cause, is destined soon I trust, to
shed its blessings upon the female mind. In this great'work of moral and in¬
tellectual illumination, will Georgia remain inactive? She has been forced
at last, to strike her march in the broad way of internal improvement, and af¬
ter pursuing for years the vacillating policy of a timid legislation, has caught
on the verge of ruin, the pervading spirit of her sister States, and consented before
her destruction was sealed, to the greatness of a noble undertaking. Animated by
the expectation of future improvements, she begins to reap in anticipation
the fruits of her liberality and enterprise—and looking beyond the scenes of
2:3
surrounding desolation, sees in imagination lies- cities flourishing, her lands
improving, her population increasing, and her Institutions multiplying. To
realize in the fullness of their glory these bright anticipations, the Female
mind must be enlightened, and the humble invocations which the votaries of
Science are sending to the Heaven of their love, must be answered by the
responsive benedictions of a free and happy people. In view of its fu¬
ture triumph, who will step forth the champion of an injured cause? Who
will dare, nobly dare to introduce in our State, an enlightened system of
Female Education? Is there no one present, who honors the tears of
beauty and prizes the smiles of virtuo ? Is there here, no friend of Female
worth—no admirer of Female greatness ? If there be, on this day sacred to
the cause of Literature, in this Temple consecrated to the services of Science,
the assembled Beauty and Virtue of the land, make this one appeal to the
heart, that will be enshrined in their affections, and to the mind, that will be
remembered in their devotions ! Shall it be in vain? Let the liberality of
the age reply—let the Spirit of Georgians determine !
Ye Rulers of the Land—Legislators of the Country—Friends of Litera¬
ture, and Patrons of Science—to you I appeal. I come in the name of your
Daughters—I plead at the request of your Wives—I ask for the benefit of
your Sons. Shall it too be in vain ? By the blessing of God it shall not.
I sec already the smile of promise; I hear the voice of encouragement.
The vista of futurity begins to brighten. The day-star of hope is on high—
the light of learning streaks the skies—and soon the sun of Science, will
pour his dazzling splendors upon tho Female Mind. "Visions of bliss ! with
every broath to Heaven, I speed an ejaculation, that the time may hasten,
when your reality shall be no longer the ground of votive supplication, but
the theme of grateful acknowledgement; when the choral gratulations of the
liberated myriads of the elder world, in symphony, sweeter than the music
of the spheres, shall hail your Country, Americans ! as the loveliest Daugh¬
ter of Freedom!''''—and your State, Georgians! as the fairest offspring of
Christian hope and Female Education.
Gciitlcinctt <>f tsic
E&cEBiostEicsiiaii smrt Phi Kappa Societies.
The present actors upon the stage of life will soon pass from its
busy scenes, and their places must be supplied by those who are treading in their
footsteps. We are in a world of change. Its mutations arc constant, and its vi¬
cissitudes are strangely chccqucrcd. Time, in the rapidity of its flight, carries all
things speedily to their destined end. Dissolution is stamped upon the works of
man, and written visibly upon Nature's face. It is high Heaven's decree, and none
can resist its force or avert its stroke. This succession and gradation of existences,
21
are not capriciously regulated or unwisely ordained. It lias been iny object in tlift
remarks submitted to the consideration of this enlightened Assembly, to demonstrate
that they may subserve the best of human purposes, and by proper attention, be in¬
strumental in the great plan of man's intellectual elevation and moral regeneration.
Appreciating as you do, the advantages of a liberal education, and interested as you
must be, in every enterprise, that has for its object the illumination of the mind
and the improvement of the heart, I anticipate with certainty your zealous co¬
operation in the noble undertaking, that is destined, if vigorously commenced and
successfully prosecuted, to form a new era in the moral and intellectual history of
our State. Some of you have just completed your Collegiate course, and will soon
leave the place that is hallowed by many a tender recollection, to mingle in thd
strife and agitations of a tumultuous world. The scenes of your youthful strug¬
gles and early joys will never be forgotten. Memory will still linger around these
sacred walls, and often, very often, cheer the dreariness of life with the freshness
of their wonted enjoyments. These sacred hills, dotted with the beauty and splen¬
dor of architectural magnificence, may pass in the dimness of distance beyond a
visual ray, but they will never fail to bring with their recollection, the cheering as¬
sociations of happier days. The murmuring stream moving onward in its indicated .
course—the stately grove, bending beneath the moaning blast—the solitary grave¬
yard, adorned by monumental tributes to departed worth—all, all will pass before
the mind with their early vividness, bringing with their fond reminiscences the sad
conviction, that
" Our time's a moment, and a point our space."
You are about to enter upon a more enlarged sphere of action, and necessity, if not
choice, is the impetus of your transit. Henceforth you will have to contend with
men—with the veterans of age and experience. Be not discouraged if the public
voice refuse to pronounce you triumphant. The time will come, when to the ardor
of youth, you will add the maturity of age, and to the fire of ambition, the strength
of wisdom. Then your swords will be flushed with victory, and your temples
adorned with the garlands of glory. But till then, struggle for immortality. She
is not to be courted with cold indifference, or won by occasional exertions. To
reap her earthly rewards, time must be improved, opportunities appreciated, talents
exerted, and genius applied. Fix high the standard of your ambition. Gaze on the
splendors of the sun, and in the triumphs of a bold ascension, learn man's destina¬
tion from his celestial origin. In the great moral and intellectual warfare that is
now convulsing the civilized world, you have taken sides, and the commissions
you have recently received, show that you are prepared for the contest. Grasp
the rod of Hermes—wield the thunderbolts of Jove. In the dangers of the con¬
flict, virtue will be to you an amulet of protection, and wisdom a talisman of
safety. You have cause for encouragement. The star of hope is planted in the
darkness of our moral sky, and the bow of promise, with its varied splendors, now
spans the circling heavens. Be yours the glory to usher in the bright and cheering
day, when the sun of Science will warm every heart and illumine every mind—
when our Sons and Daughters in the pride of their strength and the beauty of their
promise, will realize in the fulness of their fruition, the priceless blessings of an
enlightened Education. It may then be yours
"The applause of listening Senates to command,
The threats of pain and ruin to despise;
To scatter plenty o'er a smiling land,
And read your history in a nation's eyes."
MR. WEBSTER'S REMARKS
UP03T THAT PART OF
THE PRESIDENT'S MESSAGE
WHICH RELATES TO
THE KEVEAUE A WD FIMAMCES.
BF.LIVF.REK
IN THE SENATE OF THE UNITED STATES,
December 16 and 17, 1840.
WASHINGTON:
PRINTED AT THE INTELLIGENCER OFFICE.
1840.
REMARKS.
Wednesday, December 16, 1840.
The motion submitted by Mr. Wright on Monday last, proposing to refer so much of
the President's Message as relates to the Finances to the Committee on Finance, coming
up for consideration—
Mr. Webster rose and addressed the Senate nearly as follows :
Mr. President: It has not been without great reluctance that I have
risen to offer any remarks on the message of the President, especially at
this early period of the session. I have no wish to cause, or to witness, a
prolonged and angry and exciting discussion on the topics it contains. The
message is, mainly, devoted to an elaborate and plausible defence of the
course of the existing Administration; it dwells on the subjects which have
been so long discussed among us, on banks and banking, on the excess of
commerce and speculation, on the State debts, and the dangers arising from
them—on the sub-Treasury, as it has been called, or the Independent Trea¬
sury, as others have denominated it. I propose now to deal with none of
these points. So far as they may be supposed to affect the merits or char¬
acter of the Administration, they have, as I understand it, been passed upon
by the country ; and 1 have no disposition to reargue any of them. Nor do
I wish to enter upon an inquiry as to what, in relation to all these things, is
supposed to have been approved or disapproved by the People of the Uni¬
ted States by their decision in the late election. It appears, however, thus
far, to be the disposition of the nation to change the Administration of the
Government. All I purpose at this time to do is, to present some remarks
on the subject of the finances, speaking on the present state of things only,
without recurring to the past, or speculating as to the future. Yet I suppose
that some proper forecast, some disposition to provide for what is before us,
naturally mixes itself up in a greater or less degree with all inquiries of
this sort.
In this view, I shall submit a few thoughts upon the message of the Pres¬
ident; but I deem it necessary to preface what I shall say with some few
preliminary remarks.
And, first, I will say a word or two on the question whether or not un¬
founded or erroneous impressions are communicated to the People by that
document in several respects. In this point of view I first notice what the
President says in the 8th page. He there represents it as the great distinctive
principle—the grand difference in the characters of our public men—that of
onu class of them it has been the constant object to create and to maintain
a public debt, and with another, to prevent and to discharge it. This I
consider as an unfounded imputation on those who have conducted the Gov¬
ernment of this country. The President says " he has deemed this brief sum¬
mary of our fiscal affairs necessary to the due performance of a duty spe¬
cially enjoined upon him by the Constitution. It will serve also to illustrate
more fully the principles by which he has been guided in reference to two
contested points in our public policy, which were earliest in their develop¬
ment, and have been more important in their consequences than any that
4
have arisen under our system of government: he alludes to a national debt
and a National Bank." About a National Bank I have nothing at present
to say; but here it is officially announced to us that it has been a great con¬
tested question in the country whether there shall or shall not be a national
debt, as if there were public men who wished a national debt, to be created
and perpetuated for its own sake ! Now, I submit it to the Senate whether
there has ever existed in the country any party, at any time, which avowed
itself in favor of a national debt,^er se, as a thing desirable? Does the
history of the past debts contracted by the Government lay the least founda¬
tion for any such an assertion ? The first national debt we have had was
the loan negotiated in Holland by John Adams. None, I presume, ever
doubted the policy of such a loan in the then existing circumstances of the
country. Then there came the debt contracted, for the pay of the Revolu¬
tionary army, by the Continental Congress, or rather by the country through
that Congress. Next were the debts incurred during the war by the States
for the purpose of carrying on the war. Provision was made for discharging
these debts as the cost of our Revolution; can any body object to a debt
like this? Of the same character were the loans made by Government to
carry on the late war with Great Britain. These are the principal national
debts we have ever contracted, and I cannot but think it singularly unfortu¬
nate that what looks so much like an imputation on those who authorized
these loans should come from the head of an Administration which, so far as
I know, is the first that has ever commenced a national debt in a time of
profound peace.
And now to proceed to the actual state of the finances.
The message, though it does not call the obligations of the Government
a national debt, but, on the contrary, speaks in the strongest terms against
a national debt, yet admits that there are Treasury notes outstanding, and
bearing interest, to the amount of four and a half millions; and I see, con¬
nected with this, other important and leading truths, very necessary to be
considered by those who would look out beforehand that they may provide
for the future.
Of these, the first in importance is, that the expenditures of the Govern¬
ment during the term of the present Administration have greatly exceeded
its income. I shall not now argue the question whether these expenditures
have been reasonable or unreasonable, necessary or unnecessary. I am
looking at the facts in a financial view purely—and I say that during the
last four years the public expenditure has exceeded the public income at the
rate of seven millions op dollars per annum. This is easily demon¬
strated.
At the commencement of the first year of this Presidential term, in Janu¬
ary, 18-37, there was in the Treasury a balance of six millions of dollars,
which was reserved from distribution by what has usually been called the
Deposite Act. The intention of Congress was to reserve five millions only ;
but, in consequence of an uncertainty which attended the mode of effecting
this result, the Secretary, in his calculations, wishing to be, at least, on the
safe side, it turned out that the sum actually reserved was six millions.
Here, then, was this amount in the Treasury on the 1st of January, 1837.
Events occurred during that year which induced Congress to modify the
deposite act, so as to bring back again into the Treasury the fourth instal¬
ment of the sum to be deposited with the States, which amounted to nine
millions. I find, further, from the communications of the Secretary of the
Treasury now submitted to the Senate, that, for the stork for the TTnWo/t
5
States in the Bank of the United States for which bonds had been given to
the Treasury by the Bank of the United States of Pennsylvania, which
bonds are now paid, there have been received eight millions- Now, sir,
these are all items of a pre-existing fund, no part of which has accrued since
January, 1837.
To these I may add the outstanding Treasury notes running on interest,
(four and a half millions ;) and the whole forms an aggregate of twenty-
seven and a half millions of dollars of surplus, in addition to the current
revenue, which have been expended- in three and a half or four years—ex¬
cepting, of course, what may remain in the Treasury at the end of that term.
Here, then, has the Government been expending money at the rate of near¬
ly eight millions per annum beyond its income. What state of things is that?
Suppose it should go on. Does not every man see that we have a vast debt
immediately before us ?
But is this all?—is this all? 1 am inclined to think that, in one respect
at least, it is not all. The Treasury, I think, has not duly distinguished, in
reference to one important branch of its administration, between Treasury
funds proper, and a trust fund, set apart by treaty stipulation, to be invested
for the benefit of certain Indian tribes. I say the Treasury has taken, as
belonging to the Government, that which properly belongs to a trust fund
which the Government engaged to invest in permanent stocks for the bene¬
fit of certain Indian tribes. This makes it necessary to look a little into
these trust funds. By our treaty with the Chickasaws, the proceeds of the
sales of the lands ceded to the United States by that tribe, were to be in¬
vested in permanent stocks, for the use of the members of that tribe. At
the date of the last communication which I find from the Treasury, the
amount received on these sales was $2,498,000 06. Bonds had been pur¬
chased to the amount of $1,994,141 03; but as some of these bonds were
purchased at rates above par, the sums vested in them amounted to
$2,028,678 54; this would leave a balance of $369,000 uninvested at that
time, and the Secretary informs us that the portion of it which had been re¬
ceived from the land offices had been " mixed up in the general fund."
Here, then, is one item of trust money—money not our own—which has
been mixed up with our own money, and received as part of the available
funds of the Treasury. The stocks purchased for the Chickasaws appear
to be as follows :
1 Md.
1 Do.
1 Do.
1 Do.
Interest, where
payable.
Philadelphia
Do.
Treasurer's office, Ten.
Do. Do.
Phoenix Bank, N. Y. -
Do. Do. -
Union B'k, N. Orleans
Commercial Bank, do.
New York -
Baltimore
Do.
Do.
Do.
Interest, when
payable.
1st January and July -
Do. Do. -
25th January and July -
Do. Do. -
1st Monday May and
November -
Do. Do. -
1st Monday June and
December -
Do. Do. •
1st January and 1st July
8th February and Aug.
Do. Do
Do. Do. -
1st Jan. and quarterly
Times re¬
deemable.
1848
1853
1861
1852
1865
1857
1856
Ad libitum
1849
1844
1870
Rate
per ct
5i
Amount
of each.
$1,000 $125,000 00
125,000 00
65,000 00
1,666 66
1,000
35,000
15,000
50,000
Amount of stock for Chickasaws
- $1,994,141 03
6
As a matter of account and book-keeping, this might be thought correct,
or it might not; but I think it would have been better to keep a separate
account for funds thus held in trust, as every private individual does, who is
made a trustee for the interests of others. If the facts are as I have gath¬
ered from the report submitted to Congress, here are three or four hundred
thousand dollars of the trust fund not invested, and which remain yet to be
invested for the benefit of these Indian tribes. As to the rates at which
these bonds were purchased, I find it stated that one " lot" of Alabama
bonds was taken, March 31, 1836, at 4^per cent, premium; others, imme¬
diately after, at 4; others, in May, at 3^; and others, in March, 1837, at
I per cent. off. Tennessee bonds were purchased at par. Ohio bonds at
II jo advance. Part of the Maryland bonds at 3 per cent, off; part at 1
per cent, off, and part at 14r4^ advance.
So much for the investment under the treaty with the Chickasaws. But
we have other treaties presenting a more important case. We have treaties
with eight tribes of Indians, by which treaties the United States stipulated
to invest the amounts agreed to be paid for the lands ceded by them in State
stocks. Take, for example, the stipulation in the treaty with the Sioux of
the Mississippi. The article of the treaty is in these words :
" Art. 2. In consideration of the cession contained in the precedihg article, the United
States agree to the following stipulations on their part: First, to invest the sum of
$300,000 in such safe and profitable State stocks as the President may direct, and to pay
to the chiefs and braves as aforesaid annually, forever, an income of not less than five per
cent, thereon."
The stipulations in the other treaties are substantially the same. The
whole amount thus agreed to be invested for the eight tribes, by treaties,
mostly entered into in the years 1837, 1838, is $2,580,100. This appears
from the following statement, which I find in the documents:
Statement exhibiting the amount of interest appropriated by Congress to pay the follow¬
ing tribes, in lieu of investing the sums provided by the treaties in stocks.
NAMES OP TRIBES.
Amount pro¬
vided by trea¬
ties to be in¬
vested in safe
stocks.
Annual inter¬
est appropri¬
ated by Con¬
gress.
Treaties.
Ottawas and Chippewas
Osages -
Delawares ...
Sioux of Mississippi -
Sacs and Foxes of Mississippi
Sacs and Foxes of Missouri -
Winnebagoes
Creeks ...
Iowas -
$200,000
69,120
46,080
300,000
200,000
157,400
1,100,000
350,000
157,500
$12,000
3,456
2,304
15,000
10,000
7,870
55,000
17,500
7,875
Resolution of the Senate.
Resolution of the Senate, Jan¬
uary 19, 1838.
Treaty, 1832.
Treaty, September 29, 1837.
Treaty, October 21, 1837.
Treaty, October 21, 1837.
Treaty, November 1, 1837.
Treaty, November 23, 1838.
Treaty, 1837.
$2,580,100
$131,005
Now, sir, not one dollar of all this has been invested. The very state¬
ment which I have quoted shows this. That statement declares that, in¬
stead of investing this large sum, according to contract, the United States
pays interest upon it, as upon a debt.
We are indebted, therefore, to these Indians in the whole amount we
agreed to pay for these lands, which have been transferred to us, surveyed,
7
put in market, and large portions of which, I suppose, have ere this been
disposed of. We promised to invest the proceeds for their benefit—which
has not been done. Instead of asking for money wherewith to purchase
these stocks, the Treasury has been contented to ask for the amount of in¬
terest only, holding the United States debtors to the Indians, whereby a
debt, to all intents and purposes, to the whole amount of this trust fund, is
created, and is to be added to the amount of debt due by the Government.
I do not say it must be paid to day, or to-morrow, but it is an outstanding
debt; the Government is under an undischarged treaty obligation to raise
the money, and with it to buy stock for the benefit of the Indians.
In addition to all this, there will be found, I have no doubt, a heavy amount
of outstanding debts due for public works, expenses growing out of army op¬
erations in Florida, indemnities for Indian spoliations in the South and West,
and springing from a variety of other sources.
Now, sir, I agree with all that is said in the message as to the great im¬
policy, in time of peace, of commencing a public debt; but it seems to me
rather extraordinary and inappropriate in the President to admonish others
against such a measure, with all these facts immediately before him. In
principle, there is no difference, as to the creation of a public debt, whether it
be by issuing stock, redeemable after a certain period, or b}' issuing Treasury
notes, which are renewable, and constantly renewed; and if there be any
difference in point of expediency, none can entertain any great doubt which
of the two forms is best. Treasury notes are certainly not the cheaper of
the two.
Now, we find the existence of this public debt as early as the existence of
the present Administration itself. It began at the called session in September,
1837. From the date of the first Treasury note bill, in October, 1837, there
has been no moment in which the Government has not been in debt for .bor¬
rowed money. The Secretary says it is not expected that the Treasury
notes now out can be paid off earlier than in March, 1842. In whatever
soft words he chooses to invest the matter, the sum and substance is this:
that there must be a new issue of Treasury notes before the Government
can be freed from embarrassment.
I must confess that it seems to me that the scope and tendency of the re¬
marks in the message are to produce an erroneous impression. Here is
a series of very strong sentiments against a public debt—against beginning a
public debt—and all said in face of a debt already begun—existing now, and
under such circumstances as to create the fear that it will turn out to be a
very large one. We know that these various outstanding charges cannot,
or at least will not, be brought together and presented in one aggregate sum
for some months to come. Is it intended by this document to forestal public
opinion, so as, when it shall appear that there is a public debt, to give to it a
date posterior to the 4th of March nexll I hope not. I do not impute such a
design. So far, however, as I.am concerned, I shall take special good care
to prevent any such result. I shall certainly recommend that there be a
new set of books opened ; that there be what merchants call " a rest." That
what is collected prior to March, 1841, and what is expended prior to March,
1841, stand against each other; so that, if there shall appear a balance in
favor of this Administration, it may be stated; and if the result shall be that
the Administration is left in debt, let that debt appear, and let it be denom¬
inated " the debt of 1841," and which it will be the duty of Congress to
provide for.
8
In one or two other respects the message is catenated to create quite an er-
foneous impression. In the 5th page the President speaks on the subject of
the Treasury notes in as mitigated a tone as possible, and tells us, first, that
" this small amount still outstanding" is " composed of such as are not yet
due." I suppose we all knew that; and then he adds that they are " less by
twenty-three millions than the United States have on deposite with the
States." I ask the Senate, and I would, if I could, ask the President,
whether he means to recommend to Congress to withdraw the deposites now
in the hands of the States in order to discharge this debt on Treasury notes?
Do the Administration look to these deposites as a fund out of which to dis¬
charge any of the debts of the Treasury ? I find no recommendation of such a
measure. Why, then, were these two things connected ? There is nothing
in the fact that the amount of Treasury notes is less by twenty-three mil¬
lions than the amount deposited with the States, unless the President means
to recommend that the latter sum shall be looked to as a means of discharging
the former. Does he mean merely to inform Congress that twenty-three are
less than twenty-eight ? If not, why are the two thus placed in juxtapo¬
sition, and their amounts compared ? The Secretary of the Treasury
treats the matter in much the same way. He speaks of the deposites with
the States as of funds in the Treasury. Look at his report. In stating
the resources of the Treasury he mentions the twenty-eight millions on
deposite with the States. What can be the purpose of such a statement ?
When a Secretary of the Treasury presents to the world a statement of
the means of his Department, it is universally supposed that his statement
is confined to what either exists in the Treasury, or is likely to accrue
under the operation of existing laws. But this deposite with the States
is no more under the control of the Treasury than any other money in
the country. He knows full well that an act of Congress is as neces¬
sary to his disposal of any part of that sum, as it is to augment the rate
of duties at the custom-house. The Treasury can no more use the de¬
posites with the States, than it can lay a direct tax. What can be the
purpose—the fair purpose—of presenting sums as funds in the Treasury
when they are not in the Treasury? Or what can be the fair purpose of
referring to a fund as a means of payment, when it cannot be touched, un¬
less the President means to recommend to Congress to recall the deposites
made with the States? That Congress can do, and so it can augment the
rate of duties ; but, till it does, those deposites are no more means in the
Treasury than if they belonged to another nation. The day, I hope, will
come—I have long desired it—when we shall see plain fact plainly stated ;
when the reports of our fiscal officers will deal less in guesses at the future,
and will no longer use /orms and phrases, I will not say which are designed
to mislead or to mystify, but the result of which is to mislead the nation by
mystifying the subject.
I said that though the honorable Secretary pretty clearly intimates that
we must resort to a new issue of Treasury notes, yet the result of all is, that
if Congress wish to avoid the necessity either of increasing the duties, or of
issuing new Treasury notes, he has a resource ready for them, viz: to re¬
duce their appropriations below even his own estimates. This is much like
what he told us last year: and yet when we did reduce our appropriations
within even his estimates, still the Treasury is in want of money.
One other remark is suggested by what the President says to us on the
6th page of his message. He tells us that it is possible to avoid the " crea-
9
tion of a permanent debt by the General Government," and then goes
on to observe, " But, to accomplish so desirable an object, two things are
indispensable : first, that the action of the Federal Government be kept
within the bounds prescribed by its founders." Now, I did suppose that
this duty of keeping the action of the Federal Government within the
bounds of the Constitution was absolute ; that it was not affected by times,
circumstances, or condition, but was always peremptory and mandatory.
What is the inference to be drawn from the President's language ? If the
Treasury is empty, you must keep within the Constitution; and what if it is
full? Are you to break its bounds'? To transcend the Constitution I I
had always thought we should neither be tempted to this by an overflowing
Treasury, nor deterred by an empty one from taking such a course as the exi¬
gencies of the country might require, to fulfil our own duties. The duty of
keeping within our constitutional limits is an absolute duty, existing at all
times, and in all conditions of things. If the Treasury be full to overflow¬
ing, we are still to undertake nothing, to expend money for nothing, which ts
not fairly within our power. And if the Treasury be.empty, and the public
service demands expenditures, such as it is our province to make, we are to
replenish the Treasury.
There is also an important omission in the message, to which 1 would call
the notice of the Senate and of the country. The President says the reve¬
nue has fallen off two and a half millions of dollars under two biennial reduc¬
tions of the rate of duties at the custom-houses under the law of 1883. Be it
so. But do we not all know that there is before us, within a year, a much
greater " relinquishment," if that is the term to be applied to it, and within
a year and a half more another and the last of these reductions? Do we not
see, then, from the present existence of a large debt, and from this further re¬
duction of duties, (that is, if nothing shall be done to change the law as it now
stands,) that a case is presented which will call for the deliberation and wis¬
dom of Congress, and that some effort will be required to relieve the country ?
But here is no recommendation at all on the subject of revenue. No
increase is recommended of the duties on articles of luxury, such as wines
and silks, nor any other way suggested of providing for the discharge of the
existing debt. Now, the result of the whole is, that the experience of the
President has shown that the revenue of the country is not equal to its expen¬
diture; that the Government is spending seven millions a year beyond its
income ; and that we are in the process of running right into the jaws of debt;
and yet there is not one practical recommendation as to the reduction of the
debt, or its extinguishment; but the message contents itself with general and
ardent recommendations not to create a debt!
I know not what will be done to meet the deficiency of the next quarter.
I suppose the Secretary's recommendation to issue Treasury notes will be
followed. I should, myself, have greatly preferred a tax on wines and silks.
It is obvious that if this or something like it is not done, the time approaches,
and is not far off,.when provision must be made by another Congress.
1 have thus stated my views of this portion of the message. I think it
leads to what may render an extra session necessary—a result I greatly dep¬
recate on many accounts, especially on account of the great expenditure with
which it will unavoidably be attended. I hope, therefore, that those who now
have the power in their hands will make such reasonable and adequate pro¬
vision for the public exigency as may render the occurrence of an extra ses¬
sion unnecessary.
10
Wednesday, December 17.
Mr. Wright having spoken in answer to Mr. Webster's remarks of the day before'
Mr. Webster replied to the following effect:
Mr. Webster said he should detain the Senate but a short time in an¬
swer to some of the honorable member's remarks, as he had really not met
the argument of Mr. W. yesterday. To begin with the subject of Indian
treaties. The honorable member had said that the fund arising from the
sale of the Chickasaw lands had all been invested to within some forty or fifty
thousand dollars. He (Mr. W.) had founded what he had said in relation to
this fund on the returns furnished to the Senate ; and, according to that doc¬
ument, the balance uninvested amounted to $360,000; but had added that
he had heard that $90,000 had been invested since the date of the returns.
Mr. W. had made no complaint of the mode in which this fund had been in¬
vested, so far as it had been invested ; and, if the whole of it had been in¬
vested, so much the better. But in regard to the two and a half millions of
the fund belonging to the Winnebagoes and other tribes, and which, accord¬
ing to the treaty, was to be invested for the benefit of those tribes, he
asked of the Senate whether Mr. Weight had fairly met the force of the
argument he had advanced, (if it had any force to be met ?) He had
not complained of the treaty, nor had he charged the Administration with
any extravagance or want of providence in entering into it—that was not
the point; the point was, that this amount constituted a debt, for the pay¬
ment of which it was incumbent on the Government to provide ; and that,
as such, it ought to be kept before the view of Congress, whereas it had
been kept entirely out of sight. That was his point. The honorable
member admitted that it was a debt, but contended that it was not to be
reckoned as a portion of the public national debt. If, by this, the honora¬
ble member meant to say that this amount formed no part of the debt arising
from borrowed money, unquestionably he was right; but still it was a na¬
tional debt; the nation owed this money ; and it entered necessarily, as
one important item or element, into a statement of the financial condition
of the Government. The honorable member had asked, if this were so,
why such a statement ought not, in like manner, to include the Indian an¬
nuities ? They were included, in effect. Did not the annual report from the
Department always state the amount of those annuities as part of the expend¬
itures for which Congress was to provide ? Ar© they not always in the esti¬
mates ? So the member asked why the pensions were not to be included I
The same answer might be made. The amount of that expenditure also
was annually laid before Congress, and it was provided for as other demands
on the Government. He had not complained of this amount of two and
a half millions of Indian debt; he himself had never opposed these treaties;
all he had contended for was, that,, as an amount to be provided for, it was
as much a part of the public debt as if it had consisted of borrowed money ;
it was a demand which Congress was bound to meet. In any general view,
therefore, of the liabilities of the Government, was there one element of
those liabilities which could with more truth and justice be inserted than this?
He (Mr. W.) had said that he commended the argument of the President in
opposition to a national debt; and he should be quite unwilling to have it sup¬
posed that any thing he said could be wrested (he did not charge that it had
been intentionally so wrested) to favor the idea of a public debt at all. But
he must still insist that the language employed by the President on the 8th
page of his message did refer to past political contests in this country, and
11
did liold out'the idea that, from the beginning of the Government, in the po¬
litical contests which had agitated the country, there had been some men or
some parties who were in favor of the creation and continuance of a public
debt, as part of their policy ; and this he (Mr. W.) had denied. The idea
in the message was, not that there were certain great interests in the country
which were always, from the nature of things, in favor of such a debt on ac¬
count of the advantages derivable from it to themselves, as the honorable
member has argued to-day. If the President had stated this, as it had now
been stated in the speech of the honorable member, nobody could have taken
any exception to it. But that was not what the message did say. The point
of objection was, that the message charged this fondness for a national debt
upon some one of the parties which had engaged in the past political strifes
of the country, and had represented it as a broad and general ground of dis¬
tinction between parties; that one was the advocate of a national debt, as of
itself a good, and the other the opponent of the existence of a debt. This he
regarded as an imputation wholly unfounded ; and it was on this ground that
he had objected to that portion of the Executive communication. No facts
in our history warranted the allegation. It was mere assumption.
Mr. W. proceeded to say that he had, when before up, omitted one im¬
portant item in stating the amount of expenditures under the existing Ad¬
ministration beyond the accruing revenue, which ought to be brought to the
public view. If he (Mr. W.) was in error, the honorable member would put
him right. In March, 1836, a law had passed postponing the payment of cer¬
tain revenue bonds in consequence of the great fire at New York, for three,
four, and five years. The great mass of these postponed bonds had fallen
due, and had been received into the Treasury, since the present Administra¬
tion had come into power. The total amount was about six millions of dollars.
This being so, then the whole amount of expenditure, over and above the ac¬
cruing revenue, would amount to thirty-four millions, or thereabouts, and would
thus give an annual excess of expenditures over receipts of eight and a half
millions a year; and he insisted, again, that, looking at the matter in a purely
financial view—looking at the comparative proportion of liabilities and of
means to discharge them, when the President found an excess of the former
continuing for four years, at the rate of eight and a half millions per annum,
and did not particularize any one branch of expenditure in which a consider¬
able practical deduction could be made, (unless so far as it might take place in
the pension list by the gradual decease of the pensioners ;) and when he pro¬
posed no new measure as a means of replenishing the exhausted Treasury, the
question for Congress and for the nation to consider was, whether this was a
course safe to be pursued in relation to our fiscal concerns'? Was it wise,
provident, and statesmanlike I
There was another point in which (Mr. W. said) the honorable member from
New York had entirely misapprehended him. He (Mr. Wright) had said
that Mr. W. appeared to desire to avoid, as a critical and delicate subject, the
question of the tariff; or, rather, had complained that this Administration had
not taken it up. Now he (Mr. W.) had not said a word about the tariff, fur¬
ther than to state that another great reduction was immediately approaching
in the rate of duties, of which the message took no notice whatever ; while it
did not fail to refer to two reductions which had heretofore taken place.
What he (Mr. W.) had said on the subject of imposing new duties for revenue,
had reference solely to silks and wines. This had been a delicate point with
him at no time. He had for a long period been always desirous to lay such
12
a duty oh silks and wines ; and it did appear to him the strangest thing
imaginable—the strangest phase of the existing system of revenue—that we
shouldimport so many millions of dollars' worth of silks and wines entirely
free of duty, at the very time when the Government had been compelled, by
temporary loans, to keep itself in constant debt for four years past. So far
from considering this as a mattter of any delicacy, had the Senate the con¬
stitutional power of originating revenue bills, the very first thing he should
move, in his place, would be to lay a tax on both these articles of luxury.
Were Mr. W. to draw an inference from the speech of the honorable mem¬
ber, it would be that it rather seemed to be his own opinion, and certainly
seemed also to be that of the President, that it would be wiser to withdraw
the whole or a part of the money deposited with the States than to lay taxes
on silks and wines. In this opinion Mr. W. did not at all concur. If the
question were between such a withdrawal and the imposition of such a tax,
he should without hesitation say, lay the tax, and leave the money with the
States where it is. He was greatly mistaken if such a preference did not
meet the public approbation. He was for taxing this enormous amount of
twenty or thirty millions of foreign products imported in a single year, and
all consumed in the country, and consumed, as articles of luxury, by the rich
alone, and for leaving the deposites in possession of the States with.whom
they had been placed.
Mr. W. said he believed he had now noticed so much of the honorable
Senator's speech as required a reply ; and he would resume his seat with
again repeating that it had been no part of his purpose to ascribe either ex¬
travagance, or the opposite virtue, to the Administration in the purchase of
Indian lands or other transactions. That was not his object, or his point,
on this occasion. He only wished to present a true financial view of the con¬
dition of our affairs, and to show that our national debt was much greater and
more serious than a hasty reader of the President's message might be led,
from its perusal, to conclude ; and however warmly it admonished the coun¬
try against a national debt, yet these admonitions were all uttered at a mo¬
ment when a national debt had already been begun, and begun in time of
peace.
Printed-fcy M. D.J. Sladk, Monitor Office, Tuscaloosa.—(Price one cent for each page.)
^**4^
IN THE LEGISLATURE OF ALABAMA,
on the
■GENERAL TICKET BILL.
IN SENATE—Friday, Nov. 6, 1840.
Resolved, That so much of the Governor's Message as relates to the General Ticket System, bo
referred to a select committee.
On motion of Mr. Hudson, it was ordered, that the Chair appoint a member
from each Judicial Circuit in this State, as members of the select committee on
the resolution in relation to the General Ticket System.
Messrs Terry, Hall, Andress, Dent, Lloyd, McAllister, King, Dailey, Clarke,
and Toulmin were appointed that committee.
Wednesday, Dec. 9.
Mr. Terry, from the select committee, to whom was referred that part of
the Governor's Message, in relation to the General Ticket System, reported the
following bill—which was read the first time, and ordered to a second reading.
A BILL
To be entitled an Act to establish the General Ticket System in elections for Representatives in
Congress, from the State of Alabama.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Alabama, in General Assembly convened, That each qualified vo¬
ter in the State shall be entitled to vote at the next General election, and eve¬
ry two years thereafter, for the whole number of Representatives in Congress
ito which this State now is, or by any subsequent apportionment may hereafter
be entitled ; and among those persons who shall be voted for as Representa¬
tives in Congress at the next General election, the five persons having, the high¬
est number of votes throughout the State, shall be deemed and considered du¬
ly elected Representatives to the Congress nsxt ensuing such election.
Section 2. And be it further enacted, That it shall be the duty of the
sheriff of the several counties in this State, at the next general election after
the passage of this act, and every two years thereafter, to open a poll and hold
an election for Representatives in Congress, agreeably to the manner pointed
out in the foregoing section ; they shall provide a separate box for the Con¬
gressional tickets, as at present required by law ; they shall within thirty days
after the election, make their respective returns of the election by sending them
carefully enveloped and sealed, by special messenger, addressed to the Gover¬
nor of the State, and'shall respectively, they and their securities, be subject to
a penalty of one thousand dollars, recoverable by action of debt, to be prose¬
cuted by the Attorney-General, or the proper Solicitor in the Circuit Court of
the proper county, in case they foil so to do. within the time prescribed as afore¬
said. It shall moreover respectively be their duty to make out three lists of
the voters for Representatives in Congress; one of these they shall deliver to
the Judge of the County Court of the proper county, to be filed in his clerk's
office ; one other they shall respectively retain, and the third they shall care¬
fully envelope, seal and forward to the Governor, to be filed in the Executive
office, with the return-- of die elcetimi. The speed messenger who shall be
employed to bear the returns of elections as aforesaid, shall receive fiom £
Governor a warrant on the Treasurer for dollars lor every t^nty ml|es
travelling to and returning from the seat of government; and dollars ior
defraying expenses of one day's delay.
Sec. 3. And be it farther enacted, That so soon as the returns or the elec¬
tion for Representatives m Congress are received, or at the expiration of thir¬
ty days from the election, it shall be the duty of the Governor, in the presence
of the Secretary of State, Comptroller and Treasurer, or any two of them, to
epen the returns of election as aforesaid, and count them ; and it shall be his
duty to declare by proclamation, with all convenient dispatch thereafter,, a
statement of all the names voted for, and the aggregate vote which each per¬
son received. It shall be the duty of the Governor to lurhish to Representa¬
tives elect, certificates of their election, under the great seal of the State, and
in case of a tie, it shall be his duty to order a new election. In case o'f vacan¬
cy by death, resignation or otherwise, it ^hall be his duty to order an, election
, to fill the vacancies, making proclamation of the same, and also issuing writs of
election to the several sheriffs, which election mall not be holden with less
I than days preview - u nice, by proclamation. Elections in cases of a tie,
and to fill vacancies, shall be hoklen as near as may he, to the manner prescrib¬
ed for holding regular elections.
Sec. 4. And be it farther enacted, That after any and every new apportion
ment of Representatives, among the several States by Congress, it shall be the
duty of the Governor of this State, to publish and declare to the electorsof this
State, by proclamation for three months, the number of Representatives in
Congress to which this State will be thereafter entitled, and it shall be the du>
ty of the electors, sheriffs, and all others concerned, to govern themselves ac¬
cordingly thenceforward, until the next apportionment, when information shall
be communicated to them in like manner.
Sec. 5. And be it further enacted, That in cases where this act may be si¬
lent touching the duty of sheriffs, they shall be governed, as far as applicable,
hy the general law of this State, concerning elections for Representatives in
Congress, as at present existing ; and all laws and parts of laws contravening
the provisions of this law. are hereby repealed: Provided, that the State shall
be divided into districts alter every apportionment by the Congress, as hereto¬
fore, with a view that a member of Congress may be selected from each dis¬
trict by the qualified electors throughout the State, as hereinbefore directed.
Thursday, December. 10, 1840.
The bill was taken up among the orders of the day, read the second time,
and ordered to be engrossed for a third reading.—Yeas 15—Nays 12.
It was subsequently made the special order of the day. for Thursday, 17th
of December, at which time it was postponed until the next day, and made the
special order. It was then discussed, and was again postponed to the ensuing
day, (Saturday, Dec. 19.) and made the special order. After much discussion,
it was read the third tunc, and passed the Senate, at 8 o'clock that night, by a
vote of 19 yeas to 12 nays, viz:
YEAS.—Messrs. Cottrell, (President,) Clarke, Creagh, Daily, Farrar, Hudson, Hall,
Jones, Lloyd, McAllister, McConnell, Rice, Rodgers, Smith, Terry, Tculmin, Turner,
Wilson, of Fayette, and Wilson, of Jackson.—19.
NAYS.—Messrs. Alston, Andress, Biiford, King, Lea, McVay, Oliver, Phillips,
Reese, Ross, Thornton and Wornack.—12.
Note.—Those in italics are Whigs. Messrs. Dent and Watrous, both Whigs, w re
absent. If present, they would hare voted with the nays.
On Thursday, Dec. 17—when the General Tic.'
ket bill was called up on its third reading, and the
question seem:d likely to be put, without discus¬
sion by tlv majority—
Mr. THORNTON said —He had indulged
the hope, that the friends of the measure under
•consideration, would have thrown some light upon
it, before they fina'ly tested the will of the Senate.
He had waited with anxious expectation to hear
some, if not all, of the reasons which lay at the bot¬
tom of this radical change in our system of fede¬
ral representation. It appeared to him that the
majority, for whose benefit and by whose power,
the bill was urged before the country, ought to pro¬
claim their arguments and views, for tin sake of
the uninformed—the uninitiated in the secrets of
such grave legislation as the bill proposed to con¬
summate. As for himself, he desired the subject to
be fairly and thoroughly investigated, and laidopen
in the Senate by those who originated the bill ; as
without the advantage of such public discussion,
"he might still have his doubts on the propriety and
justice of the proposition, unremoved, and his con¬
victions left as they were. The lights and disco¬
veries which abounded at Tammany Hall, had not
been placed before his mind, because he was not'in
the counsels of those whorulcd in that convocation.
He was not of that political brotherhood who had
dedicated their patriotic labors, on the altar of
Tammany. It was possible that if the illumina¬
tions of that centre of Democracy could reach his
mind, through the medium of discussion, he wouM
have his apprehensions quieted, and would co-ope¬
rate with the friends of the system. He thcre-
, fore respectfully suggestedto Senators, his own si¬
tuation in the matter, and hoped they would con¬
descend to give some reasons for the innovation
they were about to make on the elective franchise.
He craved information on thenubject: others crav¬
ed it: the people craved it. In his long and ex¬
tensive communications with the people, he never
. heard them complain of our present mode of elect,
ing Representatives to Congress. Not a whisper of
dissatisfaction from them bad ever reached his oar.
Where, then, djd the suggestion, or the plan to a-
bolish the Congressional districts, and substitute a
general ticket, receive its birth? or froVn what
masterly genius or wise consultations did it spring?
The genius and the wisdom of a Caucus suddenly
flashed upon the Executive mind, and all at once
"we see the system recommended in his annuel
•message. It was created in Tammany, and re¬
served for the Governor to give it an oificial direc¬
tion before the Legislature. lie stiV I the occa¬
sion to assure gentlemen that their object was too
jjttlpable to deceive rational beings—the people
I
could not be bound by the will of one man, ndfj
g'illed by the deliberations of Tammany Hall,
come under whatever disguise might be chosen.
Mr TERRY had no idea that any argu¬
ment he might advance would satisfy the
Senator from Greene (Mr» Thornton,) for in
his opinion that gentleman had made up hia
mind not to be satisfied on the question. The
Senator and his friends had conceived a great
hatred to the hill then pending, because the
principle on which it vyas based, happened
to meet the approbation of the Governor, and
was deemed by him of sufficient importance
to give it a place in the recommendations of
his message. It ought not to be forgotten
that the law imposes upon the chief magis¬
trate of Alabama, the solemn duty of rccom-,
mending to the legislature, from time to time,
such measures as he may deem necessary
for the public good. In compliance with this
duty, the Gov'r invited our attention to the
mode of electing Representatives to Con¬
gress from this Stale, and urged reasons in favor
of the system the bill pioposed to adopt, which
are, or ought to he conclusive to every unprejudic¬
ed inind. But reducp the question to its merits f
take from it all superfluous mutter, it would not b«
difficult to convince any man,whose judgment was
not barred against conviclion, that the bill would
carry out the great ptinciple of representative go¬
vernment, in *t much purer degree, thau the dts-i
trict or sectional plan of representation, now in
use. The signs around us are too manifest not to
he fully understood. Reasons would be of no a-
vail with the opponents of lite bill. They have
satin formal judgment upon it, and condemned ii
in advance, for the sole cause, that they fear it wil
deprive their parly of their unmerited power, ir
the lepresentatiou of the Siale, in the Federa
councils, and restore to the majority of the people
their absolute and unquestionable right to govern.
My purpose, said Air Terry, is not to make i
speech On another occasion, when the bill was
acted on, I stated my views as fully as I was able
and have nothing more to add to them. But sine*1
the loud call made on the f.iends of the bill, fo
some reasons to support it, I will briefly travel o
ver the ground which I then took, and on which ,
now stand. Were I to urge reasons in favor oflht
system, powerful enough to move heaven ap.c
earth, they would have but little influence on lh<
opponents of the bill.
I ask the gentleman from Greene. (Mr Thorn¬
ton.) is it right that the Slate of Alabama, knowi
to be opposed, by a majority of six or eight thou
sand, to a United States' Bank, should send threi
fifths of her representation in Congress, favorabh
to such an institution, and by whose paramoult
vote, the State would be tied hand and foot to i
National Bank ? In that event, what atfentiol
would he paid to the popu'ar will—which is no •
tiling fit ore nor h ss than lite sovereignty of Alabg
inn. Idem (J, it method of choosing represents
tives best, wmcii will secure a true and faithful e.^
pression of the wishes of the people. On the dis
trict plan, such ts not always the case.
Look at the Districts in '.hi? State-—their struc
lura and preponderance. The first and second are
represented bv Democrats, and I have no fears
that they will fall into different bands. The fourth-
is also represented at this time, and lias been for
many years, by a distinguished champion of our
faith—I mean the Hon. Dixon H. Lkwis. But the
vote of his district, in the late presidential elec¬
tion. shows it to be so strongly Whig, that little
hope is entertained of its going as it has done, in
former years, for the democracy. The third and
fifth districts are represented by Harrison Whigs
and there is no telling when they will cease to be
so represented.
How will stand Alabama, in the next Con¬
gress, under the District System? That a
large majority of her citizens are democratic
—thoroughly and entirely democratic, there
is no doubt. In every election where they
have voted in the mass, they have gloriously
proved it. I trust this will suffice as some¬
thing like a reason for the change which it
is the object of the bill to effect.
The law, creating the district system, in
pre scribing the qualiticationof residence with¬
in its limits, to a member of Congress, is, in
my opinion, unconstitutional; and in this o-
pinion I am supported by distinguished mem¬
bers of the Whig party! Judge Hopkins.
than whom better authority will not be requi¬
red by the opposition, has been heard to say,
he believed, that the Legislature of Alabama
had not the right, under the C.mrtitution ot
the United States, to restrict or abridge the
qualification which ft declares a representa¬
tive shall possess, as an inhabitant of the
State," for which be shall be elected. Here,
in the district system, the representation is
narrowed down to particular limits—to a few
counties. If this be right, he may be restric¬
ted much farther. I undertake to say, that if
a representative, residing without the limits
of the district whose votes elected him, pre¬
sented himrell to Congress, and claimed hi-
seat, furnishing at the same time, the neces¬
sary evidence of his election—he would be
allowed to take his seat, in spite of the State
law, giving him certain limits, less than the
whole State, to reside in.
Another valid reason, in my judgment, is,
that as the reoresentation of the State will
be increased, by the next apportionment, a
Called session of the legislature will be ne¬
cessary to remodel the Districts, should the
bill not becoma a law. This would be atten¬
ded with much inconvenience and expense;
and to avoid this it is necessary and important
to pass the bill—even if it shall be repealed
at the next session.
Much has been said, to discredit the raea-
•sure now before us, by stating that it had been
jumped up in the Senate, by the dictation of
Tammany Hail. I assute the senator, (Mr
Thornton) who made this charge, that, now
the bill is fairly jumped up in the Senate, if
he can give it chase, overtake and devour it,
(it will be the proudest achievement of his
life. The same gentleman has railed opt vi¬
olently against the proceedings of Tamma¬
ny Hall, where he says this measure has
been devised. I can inform him, that in the
discussions at Tammany, this subject has
never been mentioned, but once, in my hear¬
ing. The bill was never read there. The
first time 1 ever heard it read, was in the Se¬
nate, after the committee reported it..
The district plan might defeat the wishes
of the democracy of Alabama, in the election
of President of the United States. Sup¬
pose, in some future contest for that high of¬
fice, the election should devolve upon the
House of Representatives, and the Whig
members from this State should gratify their
individual preferences, they would have three
out of the five votes to which the State would
be entitled, to bestow upon a candidate in fa¬
vor of a National Bank, and to whom the
majority in Alabama might be, in other re¬
spects, decidedly opposed.
This view of the subject, with those I
have named, and others I might add, show
the vital necessity of having Representatives
in Congress of the same political faith with,
the majority of the people.
Another benefit of the system is to do a -
way that sectional feeling which exists in
the districts: to unite the people more close¬
ly in the bonds of representative union and
harmony. This can be done only by the
General Ticket System.
Why should the senator from Greene, (Mr
Thornton,) have displayed so much zeal in
opposition to the biil, if he was unacquainted
with any reason for its passage? It was the
validity of the reasons in favor of the propo¬
sition which excited his zeal and astonish¬
ment. I ask the senator, suppose he was-
starting on a journey to Texas, in a wagon,
with a team of five horses, would he set out
with three that pulled forward, and two that
pulled back? More especially, would he ven¬
ture upon his trip, with only two that made
head-way, and three that counteracted the
progress of the others, and actually forced the
wagon back, or, at bost, kept it stationary ?
In this way, might our representative team,
at Washington, worry each other, and the
State. The principles of the bill are purely
democratic, and cannot be gamsayed. The
position of Alabama and her common inter¬
ests, call for the system of general suffrage,
which the bill pre-eminently secures.
I will add another remark, in conclusion.
The Whig papers at the North, and in the
Middle States, speak confidently of a called
session of Congress, soon after Gen. Harri¬
son takes the reins of government. In that
event, Alabama would be unrepresented in
that session, which might, for all we know,
involve tremendous interests. From the 4th
of March until the 1st of August, the State
is destitute of representation. The appor¬
tionment, under the present census, will he
made by this Congress, and the general tick¬
et would enable Alabama to have her full
compliment to march on short warning, ana
with little delay.
I believe that the facts I haye enumerated,
amount, at least, to the fraction of a reason,
why the bill should pass.
Mr OLIVER did not suiter personal considera¬
tions to deter him from addressing the Senate, in¬
disposed as he had been for a few days, and in spite
of the lessons 'of the past, and in view of the well as¬
certained party majority &c.—need he refer to de¬
clarations of members, that this bill should pass ?
No such considerations of discretion should weigh
down tho paramount duty which he owed to his
constituents and to the interests of his country !
Why asked Mr O., this radical change in the
laws and usages of a State ? why this sudden dis¬
like to the venerated recollections of nearly a quar¬
ter of a century ? Yes, Mr President, all that is
noble and venerable—all that is proudly associated
with the sovereignty and existence of this our be¬
loved State, belongs to the periods which have
known no other system of representation in Con¬
gress than the system now sought to be subverted
for party considerations—benefits to inure alone to
one party, and not for the good of the people !—
and look too at the time chosen !—just after the
great Democratic defeat!
It seems to me sir, that the title of the bill
should be amended. It should be the codicil of
the last will and testament of modern Democracy;
a supplemental bequest to the State of Alabama
for the benfit of certain party leaders, in addition
to the four main legacies left to the American peo¬
ple, to wit: a bankrupt Treasury; and insolvent
Post-Office; a six years war with a handful, of In¬
dians, and a new National debt of twenty millions.
Yes sir, party strife is to be the result of this pre¬
cious legacy, or sir, if gentlemen dislike the pro¬
posed title it may be amended so as to read, a bill
to disfranchise cerrtain politicians and to provide
for certain persons, hereinafter to be named.
Sir, are we to have the adroit and and dexterous
cuttings, and shiftings of place men; are we to
have fastened on the open and generous people of
our State, the wily systems of huckstering poli¬
ticians ; a system which by forms of law, steals
away the rights of the people ? Arc we to have
here sir, the gerrymandering of Massachusetts ?
Aye sir, the Albany regency of New York? or
what seems nearer the truth in sound, the Tam¬
many tactics of that State ; already the Democra¬
cy have name <1 their place of nieet.yg, in'this GifjV
Tammany Hall!-—and wc sir, the people ot the-
State, and especially of all South Alabama m fu¬
ture are to be managed by the Tammany tactics of.
Tuscaloosa. How smoothly the wards allitcratelThe'
Tammany tactics of T.uscaloosa ! But will these
tactics work as smoothly ; will the people tamely
submit to this great outrage upon their political
rights.
And sir, I ask with a solemnity befitting the
importance of the subject; does this command to
change come from the people—from the proper
sources of power; or goes the command from cerr¬
tain leaders here to the people—to obey ? Do a
few bid the many to submit; or has there a cry
come up from a few broken down politicians like*
the cry of Sterns starling from the cage, " I can't
get out! I can't get out!" Do certain insolvent
politicians wish to trade now on Democratic capi¬
tal and wish this law so subversive of local inter¬
ests and rights passed for their greedy aspirations
after power? or have certain political Mordecais
been discovered in the peoples gates; favorites of
the. people, because of their sterling integrity and
unbending fidelity to popular rights and constitu¬
tional liberty and is this the political gallows which
envy and ambition is about to crcct for their de-
strctiou ?
P.Ir President, I ask you sir, will the honest
Democrats themselves suffer such injustice to be*
done—the honest representatives of their State !
I call for the usual indications of the popular"
will on all graat questions—I ask for the eviden¬
ces that the people call for a change. I call
for the proceedings of public mcetgs. Yes sir, I
ask where are the petitions on this subject ? Why
sir, you did not a few years ago legalize the steam'
practice of medicine in this State, without piles of-
petitions out measuring the reach of the tallest
Giraffe that treads amidst the wilds of the tropics^
You do not change a county boundary, or even'
the time of holding some of your courts without
such evidences of the popular will, but now sir,-
instead of petitions reaching from the capitol to
the white bridge ! aye sir, out to the University r
we have this bill on its third reading without a sol¬
itary indication of the wishes of the people. I
know that it will be said that the Executive in
his annual message proposed it. But these mes.-
sages from that of the President of the United-
States, with those of the Governors of the States,
are stereotyped, or customary annual documents.-
Yes sir, he brought the scheme before tbelegisla.-
ture, and brought also the ravages of the army and
the cut worm on the cotton crop to our notice;
and does it follow that wo must raise a State agri-
Cultural society. 1 have a high respect for the
talents of the Evocative and sincere personal re¬
gard for hi m individually, but I deny that this re¬
commendation comes villi any Iti—1—■ sanctity
from him than the ordinary topics winch make up
his annual messages; shor': notices, and a few par¬
agraphs got up expressly to order ; cut and carved
to suit the time and occasion transcribed and re¬
printed under tho heads of the voice of the press,
constitute the apologyand authority for this mon¬
strous outrage upon the rights of the people ; there
should have been shown some little decent respect
for them at least; another session might have pas¬
sed, party virulence should have subsided and then
the calmness of repose might have given some
little countenance that it would be for the good of
the whole State.
Sir I will not enter into a defence of the Whig
party, nor follow Senators in their denunciations
of the great leader they have elected. No sir, the
voice of a nation; the voice too of the democracy
of numbers so often vaunted of by the late Demo¬
cratic party seems to have no music now for the
oars of gentlemen. I need not refer to the result
and the causes of this great result. This is not a
fit occasion to bring up the mournful rcminescen-
ces of defeat. Nor need I refer to the later scenes
enacted since the result has been ascertained!
Why sir,vwere I to indulge in a few similes I could
too instead of referring to the odds and ends of par¬
ties, abolitionists and federalists, some of whom, of
course belong to the Democratic party, refer to the
electoral votes of some of the last voting States!
the scene was a farce, the firing of blank catridges
in a mock battle, or we might become more serious
and say it was more like the opening of a letter from
the dead to the dead ! how painfnl to remember !—
What are the arguments presented by the friends of
the bill; the best one that could he adduced, that
of obtaining talent, is cutoff by the amendment,
which says that selections may be made from dis¬
tricts. And sir, look at tho fears of the friends of
this bill; an impracticability engrafted on it to gull
the people, to coax them and to prove that they are
yet to have District representation. This, is an
-arrant mockery; what becomes of the amendment
if a Whig and Democrat are elected by the people
at large in the State; two members from the first,
second and one member from the third, and none
from the fourth and fifth ? This sir, is an imprac¬
ticable mockery, and needs no further comment
than to call the attention of the people to show its
intention. But sir, look at the injustice of the
whole bill; members having no local knowledge or
feelings in common with Montgomery or Mobile,
forced by the people of tho Northern counties by
'this bare majority of 5.123 upon them ; or mcrrt,
boro having no knowledge of the wishes of the
people of the great northern section foisted upon
them ; but sir, more of this hereafter.
The next. argument drawn from the annual
message, I think is, that it concentrates the ener-
gies of the State, and that it promotes genuine
State rights' doctrines. This is a new political
discovery, a more sucker on the State rights stock.
Why sir, I need not ask you, is that gilded Eagle
carved out of wood which hangs over and deco¬
rates the recess in which you preside; the proud
bird of Jove—the imperial Eagle, that floats amidst
the clouds and gazes at mid day yith unblench-
ing eye upon the sun ? Or is the sickly and half
formed fruit of an autumnal bloom to be compared
with that of summer? No sir, and thi3 sickly
State rights doctrine bears the same resemblance
to the true doctrine of our republican forefathers,
and cannot be received into the creed.
But sir, what becomes of this idea of concen-
tration, when vTe have a Whig legislature and
there is a Democratic majority in the State—or
reverse the proposition, a Democratic legislature,
and a Whig majority of the people ; a Whig legis¬
lature and Democratic representation ih Congress,
or vice versa. Who are the Simon Pares!—
which party promoting the genuine State rights
doctrines, and which concentrating the energies of
the State? Then, sir, if weare to have a wooing
after majorities, instead of the principles of the
the constitution, why not carry out the party ma¬
noeuvre, and break up the connty lines and repre¬
sent this 5520, the majority which seems to call
forth the pity and adoration of the Democratic
party here. I ask you sir, what becomes of the
argument of concentrating the energies of the
State, when the legislature elects two Whig Sen¬
ators, and the State Democratic Congressmen;
here is divided energies, and ihe main argument
of the gentlemen from Limestone that a U. States
Bank, might be prevented from passing is thus
overthrown.
But tiie election of a President for concentrat-
ing the energies of a State, is the only plausible
argument, but when are we to have an .election by
the House ? Will the large States suffer it? and
even if we were, it would be better to run the risk
than to do a great and flagrant wrong to a large
minority in this Slate.
The election of Vice-President is not in point—
the Senators might be divided for they are elected
at different periods, and often by legislatures hold¬
ing adverse political sentiments, and sir, by the
way, whilst on this subject it may be well to ask
the same question in relation to the Vice-Prcsiden-
ty, which the Senator from Limestone asked oflparticular sections of our State, must he forgotten
the Senator from Marengo—"did he in the lastifor the momentary triumph of party!! Yes, mf
election get his first choice?" No sir, he did not J President, the free people of Alabama arc to be
if I may judge from the nomination ho made in'thrown into the hands of wire pullers; calculations
the Democratic Convention, some 12 months ago on hazards arc to bo made, and the art of modern
of the Governor of Tennessee! But sir, this idea demagogues who become great men by paragraphs
of State concentration and Stale rights,' is a new and puffs; who know the art of getting into or
spark in our bonightcd day. But I would ask, b| wielding the press; or using that instrument called
Alabama less sovereign than New York? Is a a political trumpeter; will bo put into successful
small man less a freeman, than a large one ? if play. These selfish aspirants for office will be like
not, why this anxiety to sponge up the District'the half wittcd brother of a great man who, when
system of representation, but this new Demo-jhe saw the splendid mansion of his brother's in
cratic State rights discovery strikes at the usages flames, was horror stricken, lest an old fiddle with
and laws of the Old Dominion, and of South Car J three strings, on which he played, should be lost;
olina, the two States which voted for the little but at last, when he succeeded in caving it, ex-
Magician. The last argument of the Senator from claimed with an oath, that he had saved what he
Limestone, that it will be necessary to call the wanted, and the house might burn to the ground,
legislature together to apportion off Districts if so far as be was concerned. And so, sir, with ccr-
this bill is not passed, falls entirely to the ground, tain political aspirants; let the State and its great
because no such election under a new apportion- interests suffer—let every great measure perish, so
ment of Congrgss can take place ; our next clecJthcy get their wishes; a place in Congress—an
tion will be under the present apportionment—it'office at all hazards.
has not been necessary heretofore in the course of But, sir, I ask with due respect, in behalf of our
twenty years under similar attitudes of apportion- present system, if cur divisions will not be useful,,
ment; and cannot take place now; I will waste'producc vigilance, excite emulation and cause the
no further time upon this imaginary contingencyJpcoplc to be better represented? If, as many divines
Having glanced at the arguments presented by .suppose, that religious divisions promote piety and
the friends of the measure 1 now present a few.Christianity, will not good results proceed from
objections against it: la healthful and proper vigilance amongst our mem-
1st. It is a party movement, its end and aim, jbers of Congress? We then will not have a set of
is to perpetuate party domination.
2d. Its effects will be to disfranchise 28000 vo¬
ters of the Whigs, and place them without a voice
for them and their familes and their interests in
the Halls of Congress !
3d. It strikes at the two great principles which
lie at the root of delegated power, representation
and responsibility.
4th. It disregards that great feature in all repre¬
sentation, local wants, wishes and interests.—
Why, have we our State divided cjff into coun-
'ties? Certainly for the convenience of the people;
that their local interests may be promptly attended
to. Then, sir, if the mere wish to carry out the
will of the majority of the voters of the State be the
'object of the friends of this measure—why not ob¬
literate county boundaries and elect members for
the Legislature by the popular majority in the
State? If you can disregard local interests in the
■one case, why not in the other? For this general
ticket system disregards the great interests of the
southern portion of our State; commerce may be
overlooked; the slave-holding interests confined so
■often within local bounds are totally overlooked, in
this chase after a majority instead of a great prin¬
ciple.'.' All the great and increasing interests of
idle political drones all looking to one leader—wait¬
ing for him to give the nod or direct their votes.—
No, sir, instead of looking to some leader, some
political portion of the State where majorities lie,
each will look to his constituents and be governed
by their wishes, and be amonable to them.
But suppose this new political invention of con¬
centrating the energies of a State and promoting
genuine State Rights, were to be followed by other.'
States, how would wc stand by the side of New
York and Pennsylvania?—or, sir, suppose the
Whigs were to take a notion to follow this exam¬
ple of their Democratic brethren, and were to use
the same arguments, what would the Democrats of
Tennessee and North Carolina, think of their dis¬
interested partizan friends here, would they thank
them for this movement.
But, sir, the rights of the States are reserved, the
powers of Congress are delegated, not dependent
upon party tactics, whims or caprices of political
demagogues. And, sir, in the recent outrage up¬
on the rights of New-Jersey, who is not proud that
the District System furnished us with two gallant
Whigs to battle in the true cause of State Rights,
who regrets, that has any respect for genuine
Stats Rights, that there was a small division of
itlic energies of this State in favor of Ncw-Jcrscy?
Mr President, it is a beautiful system, this in-
termingling of the friends of State Rights and of
the Constitution from different districts. It is one
•of the many ligaments which will help to bind this
great confederacy together; cementing us in the
"bonds of the Union. Certainly no Democrat now
objects to the part their friends from other districts
■acted with them; how else could they have got an
Atherton or a Duncan? or passed any measure
whatever through Congress?
I respectfully ask Senators for their authority
for passing this measure—we, sir, recently heard
•much of test votes for the choice of a United
States Senator—they declared that these test votes
were made on the 1st Monday in August last, and
not on the 9th of November, and so they voted.—
but, sir, when was the test taken for this measure?
Where and when was it put to the people? Noil
mi ricordo-^-"I cant recollect." Sir, will be the
answer, like the witness in the celebrated trial of
the Queen of England!
Sir, the Senator from Jackson, yesterday called
for the postponement of this measure in order that
he might hear from his constituents. Sir, he re¬
presents almost half of the majority of the Demo¬
cracy of this State; he acts aright, he waits to be
instructed before he undertakes to destroy the long
cherished system of the State; he represents a great
Democratic county, and carries out the true dem¬
ocratic principle in his course! Who pretends that
a majority of Senators have been instructed by the
people? No, sir, the Democratic counties have
not even authorized this outrage upon their Whig
brethren.
Sir, do( not commit such an outrage—do not
disfranchise the whole minority of the State—do
not verify the falsehood on Gen. Harrison, and
course our party to personify the guurded and cagcd
party—do not make us really the great mum party
of the Union. Look, sir, sixty-two thousand vo¬
ters in the State, twenty-eight thousand represent¬
ed by two Whigs, while thirty-three thousand
have five Democratic representatives, (including
.Senators) representing them. Is this even hand¬
ed justice? when, if the election in Nov. had been re»
garded here, it would have given us a Whig Sena*
tor. But, blind party zeal, or revenge, or love of
office, has sent forth the decree, that the whole of
the Whigs are to be disfranchised,—Sir, the issues
which representatives have made should be
adjusted and settled between therrt and their
constituents. Yes, sir, in our District, there is a
pending issue, and do our talented representative the
justice to let him convince us if we are in an error
in our opposition, or, sir, if he does not again run,
let those who wish to take up the gage and sustain
his positions, have a fair chance. We prefer Dem.
ocrats if we must have them, who fire are neigh*
bors—who will respect our local wishes—whose
moral characters and political attainments are well
known to us.
Sir, we in common with our democratic breth¬
ren, pay our taxes, serve on juries, and hold our¬
selves ready at our country's bidding: are we not
then citizens of the same State? Have not our
children the same local interests? Are not our des-
tiny the same? Then why draw partizan distinc¬
tions for the benefit of a few hungry party leaders,
ready to make a good political bargain whenever
they have an opportunity? I ask you, sir, will
Benton, Jackson, and other counties, stand this
anti-Democratic system? Are these great coun¬
ties willing to furnish capital—good democratic
capital, tor a few political demagogues to manage
and trade on? Are free men to be transferred like
cattle in the market? The hot and feverish hand
may grasp an unsubftantial shadow; and that aVa-
lanche which was threatened to come upon the
south, may fall upon ■ democratic aspirants, and
crush them to powder. Sir, it would be well for
the party leaders here to remember that the great
steam-ship Humbug has just been through an aw-
ful squall—the great Magician has lost his wand,
it has sunk into the gulf of oblivion, where no fath¬
om-line can reach it. And, sir, the chief jugglers
are thrown overboard, and have sunk, and no firing
of Democratic cannon here can agitate the 'waves;
no effort can raiso their dead bodies to the sur¬
face-
0
"MR TERRY'S SECOND SPEECH.
After mr Oliver had concluded his remarks,
[fifths of the representation of the State in Congress
will, at the next election by districts, be in Whig
Mr Terry said—I do not intend to make a hands. In the remarks I had the honor to submit
speech, but I wish to give the gentleman who hasjwfien I was last up, I succeeded in proving the
just addressed the Senate (mr Oliver) a fair hint onjdanger which the sovereignty of Alabama had rca-
the occasion. Had I expected a debate on this;Son to fear from this State of power. In addition.
question, I might have concocted my views and
prepared some remarks to off-set the arguments
which have fallen from the opponents of the bill.
Much has been lugged into the discussion which
has no relevancy—a great deal has been said about
Tammany Hall and the schemes which are said to
be hatched there; but not a word is spoken in rela¬
tion to certain head quarters in this city, known as
North Bend. But the Senator from Montgomery,
mr Oliver, claims to oppose this measure on the
principle of State Rights, and says that he is a
disciple of that school. The time has been when
I had the utmost confidence in the State Rights
doctrine and practices of the Senator; but since
he has joined the log-cabin, hard cider and coon-
skin party, headed by Doctor Harrison of Ohio,
that confidence has been very much shaken.
Since the gentleman from Montgomery has
thought proper to allege to his former opinions, and
such as he still professes to entertain, I beg leave
'to remind him where he once stood, and ask what
'is his present position? Several years ago he was
a staunch, honest and bold nullificr; reprobating
with all his might and zeal the doctrines of the
proclamation, as ultra-federal. Now we find him
ardently supporting a man that has just succeeded
to the Presidency, who publicly declared that the
proclamation conferred more honor and glory on
•Gen. Jackson, than did his victory at New-Orleans.
This opinion of ;the proclamation rested upon the
expose given by mr Webster to that document,
which expose was so revolting to the republican
principles of Gen. Jackson, that he came out with
an explanation disavowing the opinions and senti¬
ments of mr Webster on that extraordinary paper.
Gen. Harrison has always been a high tariff, in¬
ternal improvement and national bank man, and
yet he is quoted by his followers as good State
Rights authority, and lectures arc read to us on
this subject, in liis name!
to this, the new apportionment by Congress will
increase the representation of Alabama before the
4th of March next, and if the districts are contin¬
ued, the State will lose the benefit of such increase,
for there is no provision for it, unless a called ses¬
sion of the legislature is ordered by the Governor,
the expense -and burthens of which ought to be
prevented, if in our power to do so. (Here mr Oli¬
ver explained, and said that Alabama could not
have the benefit of her increased representation
until the 27th Congress expired; for she yet want,
ed two years or more to complete the ten, after the
last apportionment.] I am not sure that the geil*
tleman is well founded in his premises; yet, for the
sake of argument, welay aside that view altogeth¬
er, as not being very important.
But it is insisted that the bill grew out of thc«
Governor's message, and that it is therefore the less
ntitlcd to consideration on that recount. Even if
such were the fact, and that it owed its introduc¬
tion-entirely to that document, it furnishes no just
ground of opposition to the bill; and I take this oc-
asion to say that if such a measure had not been
ouggestcd in the message, I had determined, before
left home, to bring it forward on my own re¬
sponsibility in the Senate, during the present ses¬
sion. Let its origin be owing to what cause it may,
the system is now in the halls of the legislature
and will be carried through. The gentleman from
Montgomery might as well take the pill at once;
he will have it to swallow, as he did the resolu¬
tions in this Hall the other day, concerning the
District of Columbia. It is needless for him to
make wry faces or pretend to nauseate on the sub¬
ject; he has to swallow the pill. I am willing to
make it as palatable as I can, without destroying
the effect of the medicine. Farther than this I
cannot go, however auxious to accommodate the
gentleman. The bill was postponed yesterday .at
the request of the Senator from Jackson, (mr Wil-
But it is said, the bill disfranchises 28,000 Whig son) in order that he might receive instructions
voters in the State. To this I reply, that if the jfrom his people how to vole on this question. The
bill does not pass, every democrat in the Siatc will (instructions have arrived and they are just such as
be speedily disfranchised. See the turn which rnrjl predicted; they are decidedly favorable to the
Lewis'district has taken? It may be given np to'bill. The Senator from Montgomery has warned
the Whigs, for they have a clear majority. Three (us against the passage of the bill, as our example,
lending to proscription and disfranchisement as lie
is pleased to say, will rouse the vengeance of some
of the large Whig States, who will in their turn
adopt the general ticket, and thereby exclude eve¬
ry democrat from a scat in Congress; in fact swal¬
low up the whole democratic party. If the bill was
certain to produce such consequences, I would
vote for it with pleasure; as I regard it as a matter
of principle and not of policy. The Senator says
we are weaving the web of our own destruction;
that if the Whigs get in power, we may suffer by
it. Be it so: if the Whigs have the majority at any
time hence, I would not vote to repeal the bill.
It is contended, as an objection to the bill, that
all the representatives in Congress may come
from one section or town in the State. There is
very little force in this objection, because it would
never occur that all the representatives would so
reside. To obviate this, however, the proviso en¬
grafted on the bill, on the motion of the Senator
from Autauga, mrHall, secures to each district a
candidate within its limits, but to be supported by
tfle aggregate voters of the State. I understood
the gentleman from Montgomery to say, that he
preferred to vote for a democrat that he knew per¬
sonally, with whose character and principles he was
familiar,—rather than to vote for a Whig, in a dis-
tantpart of the State, who was a stranger to him.
The Senator shall be gratified—wo intend to give
him, under the general ticket system, a member
from his own district, who will represent the State
faithfully in Congress, [mr Terry referred to mr
Lewis.] In settling upon the probable democratic
majority in this State, we ought not to look upon
the result of the late presidential election as a fair
test, because there were 5,527 votes more than
could'bc found names on the tax lists. Where did
these come from? Georgia, no doubt, furnished a
liberal share of them, near her line, where the new
counties became all at once so strongly Whig.—
Double voting from one county to another was un¬
questionably practised among the numerous frauds
fpr which that election was distinguished.
I took occasion to say on this floor, that the par¬
ty which rallied under Gen. Harrison and elevated
him to power, was composed of the odds, ends and
fragments of old tederalists, anti-masons and the
disaffected' of all' parties. I never did say that'
.Southern Whigs were in alliance with the aboli¬
tionists of the north; for I believe that in the south
all parties are as one man on the question of aboli¬
tion; it would bo unnatural for them to be other¬
wise. But the Senator asks, if I got my first choice
in the nomination for Vice President? I answer,
that I did. In the Domocratic Convention in this
city, twelve months ago, I moved to strike out the
name of Col. King, in the resolution, and to put in
that of Col. Polk, because I was so instructed.—
Col. Johnson was endeared to me by the unmerit¬
ed and measureless abuse which was heaped on
him by the Whig party. I yielded him my hearty
and best support. Having replied to the question,
I now appeal to the .Senator to know if he got his
first choice for President? (Mr Oliver said he did
not.) Then if he got his third choice, he was ea¬
sily pleased. The Whigs who were in this Capi¬
tol last winter, as well as in other places, were so
confounded and thunderstruck when they heard of
the Harrisburg nomination,-that many of them de¬
clared they would as soon vote for an incendiary
who was about to apply the torch to their dwell¬
ings, as to support Gen. Harrison for the Presiden¬
cy. Yet we find these very men, before the Au¬
gust and November elections, so frequently on the
stump, making speeches for Gen. Plarrison, that
they wore the stumps as sleek as otter slides.
Reference has been made to the Hon. Dixon H.
Lewis; and I consider it appropriate to confess that
my opposition to mr Lewis, in years past, was sof¬
tened down, and in a great measure removed, by
the high enconiums on his integrity, talents and
republicanism, paid him by the Senator from Mont¬
gomery. T was then comparatively a young man,
and looked up to the age and experience of the
Senator as it is natural for the young to look up to
the old. Ilis councils had very great influence on
my mind, and I regret that lie occupies different
grouud now, politically, from what ho did then,
and that instead of being the supporter of his ear¬
ly and highly extolled friend, mr Lewis, he should
be anxious to destroy the authority of his name and
opinions.
My aim is not to make a speech on the bill; I
shall have the honor of voting for it, and that will-
satisfy my ambition.
his District for Congress in Ib22. .But it is serious¬
ly urged by the Senator from Limestoue, as a crime
in Gen. Harrison, that he supported the tariff.—
Admit that he did, Gen. Jackson is equally guilty;
he likewise advocated the tariff and voted for the
high protective system of 1824, as a Senator in
Congress- In this respect, they are both upon a
footing; and it will be found, that run out the com¬
parison as you please between Gen. Harrison and
any other prominent statesman, and his abilities
and patriotism will not suffer in the least degree.
In glancing at home matters, the Senator from
Limestone has arraigned the Whig party for dou¬
ble voting at the late election. If such a fraud
had been practised, I condemn it—I desire success
only upon honorable terms. Before the Senator
ventured this charge, he ought to have recollected
that there were two parties who could play at this
game, whose skill and success in its exercises were
so nearly equal, that the most experienced and im¬
partial judge wOuld have felt at a loss upon which
to bestow the palm of superiority. Another grave
accusation, preferred by the Senator, is, that the
Whigs of the south made eommon cause with the
Whigs of the north, in supporting Gen. Harrison.
Suppose they did; and I will go a step farther, and
say that the overwhelming vote Gen. Harrison re¬
ceived in all quarters, shows that the whole people,
en masse, made common cause in bis favor. But,
the idea or the insinuation that the Whigs of ihe
south courted the aid of the abolitionists in this
great struggle, is so monstrous, absurd &. criminal,
that it is unworthy the least notice. What does
the popular majority of upwards of 130,000 votes
for Gen, Harrison, signify? Do the 234 out of
295 electoral votes, prove any thing at all in the
estimation of the gentleman? or is %c test of
strength between Martin Van Bur en and William
Henry Harrison so equivocal, that'he must still
persist in the charge of his party, about the odds a-,id
ends of the earth, the fragments of creationf and
the refuse of federalism, spirit of abolition arid
saoh terms.
I respectfully invite the attention of the Senator
to an instructive and gratifying fact, which cannot
fail to reach his gallantry, if not mitigate the de¬
nunciations which he has dealt out by wholesale,
against the Whig party. Since the days of Wash¬
ington and Lafayette, when the fair daughters
of our country strewed garlands and flowers in
their path, there has not been such a manifestation
of the public spirit and holy enthusiasm of the gen¬
tle and better sex, and as was seen in the wide ex¬
tended borders of this glorious Republic, during
the late presidential canvass. What convention—
what outpouring of freemen to consult, for the pre¬
servation of their dearest rights, took place, that
was not graced by the soft and flowing and elegant¬
ly wrought banner presented by their delicate
hands; accompanied by the smjles and cheering of
beauty, which would eonfirm the wavering, and
render brave and resolute, in the great cause of
Reform, even the most timid spirit? Ta the ladies
are we indebted in a great measure for that deep
and pervading public sympathy which swept every
thing before it from the Atlantic to the Rocky
Mountains, and from the Lakes of Canada to the
Gulf of Mexico. Let the Senator from Lime-i
stone, and all who thoughtlessly or wilfully asperse
the Whig party, bear this fact in mind, and sed
with what justice, propriety ol- self-rcspect they
can assert that the odds arid ends and fragments
of all classes make up the Whig party. Sir, it is
a sublime spectacle to contemplate the glowing
and virtuous tribute paid by the ladies of our coun-
try, to the exalted character of Gen. Harrison; a
purer or more sublime evidence of sincerity, has not
been seen since the days of the widow's mite.—1
Defamation may riot in that great man's fame; but
his shield is in the hearts of his countrymen, and he
will descend on the pages of history, to future. ages,
as one of the purest and most successful benefac¬
tors of his country?
I beg to say one word on the subject of caucuses,
to which my attention has been drawn by the
Senator. My vote on this bill is not influenced by
any decision in eaucus—for I have attended none
to receive instruction how I should vote. Whate-
vcr bearing a caucus may have had on this ques¬
tion, I am unconscious,, except by the bitterness of
the pill which is rolled out for us to swallow. If
we are bound to take it, be it so—our next appeal
will be to the people. The gentleman from Lime¬
stone has said that in former days, he was influ¬
enced by my example and instructions, in the for¬
mation of his political creed, or in his opinions of
particular men, and has been pleased to allude to
my gravity and age. Whether with more or less
experienced than the Senator, I have made Up my
mind, on mature reflection, to vote against this
bill; and if it will be any satisfaction to the gentle-1
man, or flatter his youthful appearance, (said mf
O., good humoredly) I am ready to go with him
before a glass and let it decide who wears the linea¬
ments of age the most distinctly. [Mr Terry re¬
plied, smilingly, that the glass would be in great
danger from either of our faces.],
It
When mr Terry concluded |predecessor! And yet, these arc the gentlemen
Mr Oliver replied—My indisposition will pre-J who strike at my consistency, and vainljT imagine
tent me from saying much at the present time.— they can overturn it. On that point, sir, I defy
We have just been told, that in reference to the their efforts, and ask of them only a fair and unpre-
subject under consideration, it is a pill we shall judiccd review of my former course, and an honest
have to swallow. I know it, sir. The decree has comparison with that I am now pursuing. Since
gone forth, and is stamptcd on the records of the the gentleman from Limestone has forced the his-
dominant party,, that bitteras the dose is known to tory and character of Gen. Harrison in this discus-
be, to the friends of State Rights, and as fatal as'sion, I beg leave to ask, what has he to fear or his
it will prove to the minority, whose voice it will friends to regret, in his relations and acts toward
forever silence, and whose influence in our fedcraljtlic south? I inquire of Senators who are in the
system can never be felt or recognized,—it will be majority, and who seem to relish every assault on
forced down our throats. The gag and the screw
of party will enable you to accomplish your pur¬
pose. The despotic power of numbers, unguided
by the convictions of justice, will inflict upon the
minority and the great interests of the people, the
evils of disfranchisement and innovation. I have
been a State Rights man; not in theory alone, but
in the firmest and most resolute practice. I am sucli
yet, and I hope shall so remain to the close of life.
My experience in public life has been alluded to,
in connexion with my political principles. What
I professed, I carried out in action; I intend to do
so still I should like to be informed by the gen¬
tleman from Limestone, mr Terry, on what occa¬
sion, and where did I ever give a vote, that was
not strictly in accordance with sound State Right,
doctrine? I admit with pride and satisfaction,
that I do not belong to that Van Burcn State
Rights party, who, like the finger board on your
highway, tells the highest and best road to this or
that ferry, but never moves thitherward. Such i:
the character of the professions and practice of ma¬
ny of the leaders of that party, and for their hypoc¬
risy and crimes, the people have hurled the admin¬
istration headlong from its giddy height of power.
the distinguished man to whom the country has:
done nothing more than justice in calling him from
retirement, to direct the ship of State;—I inquire
of them, where was Martin Van Buren in 1819-20?
They well know, as every body does, that he was
fomenting jealousies and discord between the north
and the slave-holding States, by instructing Rufus
King, to vote in the Senate of the United States
against the admission of Missouri, with the right
of slavery. When the great issue was made up—
an issue which shook the very foundations of this
Union, where was Gen. Harrison; and what was
the part he acted on that trying occasion? j3ir,,
history inform us that in the proud days of Rome,
a mighty gulf opened it's devouring jaws, and threat¬
ened to swallow up the city and all its inhabitants.
An oracle was consulted on the frightful event,,
and it responded that if the most valuable of the
sons or treasures of Rome were cast into the abyss,
it would, close up and leave the rest in safety.—
What do we see recorded? Curtius, one of the
noble Senators, the most beloved and influential
citizen of Rome, mounted his gallant steed, and
foldiug his Senatorial robes, ihade the plunge and
'saved his country! Similar to this in principle was
But my consistency has been drawn in question,1 the conduct of Gen. Harrison on the Missouri ques-
because I support Gen. Harrison, who, we are told,! tion. He saw the chasm that menaced dcstruc-
endorsed the proclamation. That sentiment I dis- tion to the Republic; and with the devotion and pa-
approve; but if my opinions are assailed on that ac- triotism of the Roman Senator, he threw himself
count, and I am held responsible, as a supporter of into it, at his own personal and political sacrifice,
State Rights, for this declaration of Gen. Harrison,'and, restoring the harmony of the Union, he was
with what kind of grace or consistency can gentle- immolated upon the altar of his constituents' dis-
men view their own position, who supported the'pleasure. At the session of Congress in 1819, the
author of the proclamation, and hung it up in gilt records of the country show that Gen. ^Harrison,
frames after it was printed on satin, and who havejas a Representative from Ohio, voted against that
expended all their energies in trying to keep inl clause in the bill, for the admission of Missouri,
power one who not only endorsed and sanctioned^ which prohibited the further introduction of slave-
every principle in the proclamation, by conforming ry or involuntary servitude within her limits. He
to every whim and dictate of Gen. Jackson, bull wished her to come in with her constitutional
who solemnly pledged himself, in the face of the rights, and for the vote he had the independence,
world, to tread in the fnotstrirs of his illustrious honcsfv and rolf-donial to <rivc, he was beaten in
SPEECH OF MR. PHILLIPS.
After mr Oliver had concluded his reply to mr
Terry, the floor was taken by
Mr Phillips, who addressed the Senate: It has
been asserted time after time by the friends of the
bill now under consideration, that however bitter
and disagreeable the pill might be to the minority
in the Senate, and throughout the State, they will
have it to swallow and make the best of it. I ask
the Senator from Limestone, who made this dec-
laration, if he spoke advisedly? [Mr Terry here
said that he did-] Well, sir, this shows the extent
of party organization, and how fully prepared Sena¬
tors are, when they come into this Chamber, to an¬
nounce what shall be done, and to execute the or¬
ders under which they seem to act. I shall not
travel out of the question to attack Gen Plarrison
or mr Van Buren. As well might counsel discuss
the validity and justice of the sentence of a court,
while the culprit was at the foot of the gallows; or,
to use a different figure, after a party had lost eve¬
ry thing at a game of cards, and was stript penny-
less, as well might he examine the pack of cards and
the operation of the game, to see how it happened
that he lost so much. There would be as much
reason and expediency in either course, to change
the fiat of justice or ward off the b[ow of fortune, as
to attempt an exposure of the plot and the combi¬
nation by which the bill is pushed to its destiny.
But it seems that the great good to be accom¬
plished by the bill, is the prevention of a United
States Bank. It is contended that the people of
Alabama have, upon all occasions, shewn their
hostility to such an institution, and that if the dis¬
tricts are allowed to send representatives whose
opinions accord with their several constituencies,
they would furnish a majority of the delegation
from this State, who would so far trample upon
public liberty and popular rights, as to cast the
vote of the State for a National Bank! Now, sir,
this plea, like all the numerous progeny of hum¬
bugs which the party urging it, have played off on
public credulity, will soon be buried in the rubbish
of oblivion. The Senator speaks of a United
States Bank with such horror and solemnity, and
seems to attach to its success in obtaining a char¬
ter, the downfall of all that is dear and valuable in
the land, that we may expect to see announced,
in a few years, in some paper near Mooresville,
in Limestone county, "Departed this life on ,
the Hon. , the late distinguished Senator from
this county, in the legislature of Alabama.. The
Idis case which terminated hi's mortal existence, Was*
an uncompromising enmity toward a National
Bank; and no sooner had he heard of the establish¬
ment, by Congress, of the present institution, than
he was seized with the most painful spasms, and
continued in this situation until death relieved him
of his sufferings. At short intervals of his afflic¬
tion, he conversed calmly and rationally with
his friends, and appeared quite resigned to his fate,
when the ghost of the late Bank of the United
States flit before his vision, and with a true demo¬
cratic groan, he expired." Such, sir, is the politi¬
cal obituary which may be written on the Senator.
There is a party or horde of aspirants in the'
southern aild central portions of Alabama, who-
have been neglected by the people, most unpardon-
ably, as they conceive, and for whose especial ben¬
efit, the system provided in the bill, has been
brought forward. They have made again and a-
gain, lime after time, a tender of their disinterested
services, and the people have as often rejected
them without mercy, until at length they could
stand it no longer. Have office they must, or they
were forever undone. Well, sir, on this desperate
resolution being takei^ and echoed with a voice
which despair is alone able to utter, within the pcr-
lieus of Tammany Hall,—the grand scignors of the
cabal who preside there, and distribute the offices-
of the State, sent forth an edict that it was their
sovereign will and pleasure, that no Whig should
at any time thereafter, represent the State of Ala¬
bama, or any part of it, in the national legislature.
They further commanded the democratic majority,
in the General Assembly to sec that their decree
was executed, according to the plan to be laid be¬
fore them by the Governor of that party, in his an¬
nual message. This was the contrivance, and
here is the consummation. Yes, sir, these long
neglected and oft vanquished soldiers of Democra¬
cy, must have a pension; they must be sheltered
from the angry elements of party warfare, which
had so long beaten upon them; and we now see
them stretch out their imploring arms to the moun¬
tains, and exclaim, save me North Alabama, Or I
sink. "Behold an old man, broken with the storms
of State, has come to lay his wearied bones among
you." Such is the fearful extremity to which cer¬
tain leaders have been driven, to preserve their po¬
litical fortunes, and to ward off those future disas¬
ters which would make them a "buoyant pesti¬
lence."
What is the mode of representation in a ma-
u
jority of the Status ol' this union.' Cast your eye
on the map, and you find that twenty out of the
twenty-six States of this confederacy, vote for re¬
presentatives to Congress, by districts, such as the
people of this Slate have voted under, from the
year it came into the Union. The ancient and
patriotic States of Virginia and South Carolina,
who have recently given such an evidence of their
republicanism that the Senator from Limestone
will admit them as good authority;—even they
have adopted the district plan, and their galaxies
of statesmen have shone forth in the political hori¬
zon, from districts, which it has been reserved for
the originators of this bill to stigmatize,at this late
day, as anti-republican and full of evil! Yes, this
lieinous principle or mode of representation, which
people of the districts, than to place it in the hands
of the gentleman and his political co-workers.—
Another consideration presents itself, in behalf of
the district system. Suppose a representative is
elected by general ticket, while he professes cer¬
tain opinions, and these opinions afterwards under¬
go a change? How can he be instructed by the
people at large? Can they meet in a great prima¬
ry assembly and prescribe to him aline of conduct?
Or will it be practicable for them to hold their con¬
sultations in each county or precinct, in many of
which there is a variety and even opposition of in¬
terests, to which his new opinions may be favora¬
ble or hostile? If he should be from South Ala¬
bama, and the people there should think proper to
instruct him, he might turn to them and say, "a-
has existed in Virginia, South Carolina, and three iway with your instructions,. I owe not my election
fourths of the old States, since the Revolution is to your votes, the people of North Alabama invest-
laid open to the detestation and scorn o'f all howest cd^nc with official power, and to them am I respon-
men and pure patriots, by the midnight clique of^ible"—and thus the "insolence of office" would1
Tammany and their instruments and^ abettors!—|triumph with impunity over the great conservative
To lay aside the motives and purposes to which right of instruction, when justly exercised by an
the bill is indebted for its introduction here, stilljinjured and insulted constituency. This difficul-
tho quesiion results what good will it accomplishjty would never occur in districts, the people of
for the people? Will their great constitutional .whom, and their special interests, would be fully
rights be better secured, or their immediate inter-'known to the representative, and duly respeGted.
ests better promoted' The advantage of the dis- If a member from the south offend the north, how
trict system is plainly illustrated in the peculiar is he fo be controlled? The general ticket system
condition of North and Sou^h Alabama. The for-'exposes the representative to the temptation cfl
mer is, emphatically, a grain region, too eold for gratifying the strongest portion of the State, at
the extensive and successful cultivation of cotton-'the expense of the rest. He will reflect on his pros-
All her produce is sent to New-Orleans,'while thatjpccts for re-election or promotion, and will be apt
of the southern part of the State finds an outlet at to agree in opinion with those who have the most
Mobile. Suppose an appropriation was asked orjvotcs to bestow. Of course he will prefer their in-
required of Congress, for lighthouses and fort.ifica-jtcrcsts, and neglect those of others. The first ob-
tions at or near Mobile? Can the representatives ject in his mind will be to advance himself, and he
from North Alabama, within roar of the Muscle^ will not be backward to discover the most certain-
Shoals, be advised of the utility and necessity of way to success.
such an appropriation? Or to reverse the case,
how could a representative from Mobile or any
The objections I have stated are conclusive a-
gainst the bill. In addition, let us inquire whatis
southern county of the State, wTho perhaps had ne-jmeant by State Rights and republican principles?'
vcr seen the Tennessee river, vote understanding-|Do they signify something or nothing? Will any'
ly for an appropriation for improving the Muscle'ouc deny that the framcrs of our constitution were1
Shoals, or for any other object in that quarter?—jdesirous of infusing into it all the vitality of the pur-
Middle and South Alabama feel an interest in the^cst republicanism? that principle of government
prosperity and business of 'jMobile, because it is which secures the greatest good, to the greatest
their great and only market, while the people of the number? Why docs your constitution lay off the
northern section have nothing to do v ith Mobile,'counties into 900 square miles, if only the collec-
but look entirely to New-Orleans for the sale of live and aggregate voice cf the people is allowed
their staples and the purchase of their supplies.
To remove, however, the objections on this head,
the Senator from Limestone says, that lie will give
us a member from each district. I must concede
to be heard ? If the whole number, as a solid mass,
is to govern, why keep up your county representa¬
tion? Why organize the police, and officers of a
county, according to certain laws prescribed to all
to him great opportunities to know what is to be,in common, and to some in particular? The rea-
done in future, under the provisions of the bill, but son is self-evident; it enables the people to- act in
I had much rather leave (lie choice dirrcllv to the scjiaraf e and convenient communities, where the
li
fcndofall government is better attained—mutual
knowledge and action for their mutual welfare.—
•This is the foundation of all wise, permanent, just
and successfull government. The object in divi¬
ding the State into counties was to carry out the
representative principle, the very salt of the sys¬
tem and of republican doctrine. It- enables the re¬
presentative to be in possession, clearly and une¬
quivocally, of the will and interests of his constitu¬
ents, by which means he can truly reflect that will
and subserve those interests. A recent case has
occurred in Georgia where three of her represen¬
tatives, elected by general ticket, pursued a course
dictated by their own judgment, in relation to which
tbey were deprived of the benefit or rule of instruc¬
tions, because they were responsible to the whole
people of the State, who had no way of expressing
or communicating their will on the questions
which proved'so prejudicial to the representatives
at home. Until their course was condemned by
the people, at the ballot box, they had no regular
or official medium, through which they could know
the sentiments and will of their constituents. Un¬
der the district system, the case would have been
very different; and these gentlemen, who are cut
cut off in their early political career, would have
known precisely whether they kept the track, or
wandered from it.
But we have arrived at the point among our¬
selves—I mean the democratic and Whig parties
of Alabama, when in the crusade now under full
sweep, by which the minority is to be crushed and
annihilated, as to all participation in the federal
government,—wc see the lessons of experience set
at naught; the warnings of the oppressed scoffed at;
;>
'the lights now before us, (to use the language of
one who will shortly be relieved of the care and
anxiety of place) wholly disregarded, as well as
the practice of other States who have clung to the
district system as the sheet anchor of their institu¬
tions and prosperity. All these arc thrust aside to
make way for this patent right system of new-light
democracy, which is to rebuke by the splendor of
its achievements, four fifths of the States of the
Union, and to furnish Congress an amount of ta¬
lent hitherto unknown in its annuals. The bill is
to be passed in the Senate to gratify the party; but
my life upon it, the triumph will be short. A glo¬
rious light will burst upon this country and-stream
from the mountain tops. The party may do its un¬
clean work in haste, while it is called to-day; in a
short time the new fanglcd and new-striped demo¬
cracy, which has converted the offices and treasure
of the people, into a common property among the
leaders of the faith, will be swept from the c.ounry-
as if by an earthquake. It will soon follow in the
wake of its great high-priest, Martin Van Buren,
who has a furlough from the people's service for an
indefinite period. That spurious and crafty stamp
of political coin, which he passed off on the unsus¬
pecting people, under the name of democracy, and
by which he brought up many of his deluded fol¬
lowers, who, no doubt, curse the day, when he suc¬
ceeded to power,.—will sink as low in the waves of
public indignation, as ho is himself buried in the
depths of political dishonor and personal retirement.
This general ticket bill is the last cqnvulsion—the-
last throe of the party, and proves that those whom
God intends to destroy, he first deprives of reason.-
{When Mr Phillips concluded his remarks, Mr like to present them, in the regular order of the de
Gottrcll (President of the Senate) took the floor, bate, it is placed out of our power to do so, by the
in a speech of much length. As he has been call- cause just stated. When they shall appear, under'
ed on by the late Democratic Convention, for a co- the proper auspices, the implied injunction on the
pyof that speech, together with the one he deliver- Reporters of the Senate, will, perhaps, be removed,*
ed on the following day, wc do not feci at liberty toj as they become public property. We mentioned
publish them, from our notes taken in the Senate, the subject, a few days ago, to Mr Cottrell, in or-
during their delivery. It would, we conceive, be der that, if his speeches were ready for the press, we'
a violation of courtesy to the speaker, to antici- might obtain and publish them. He said he had
pate the remarks, as written out and furnished by not, as yet, sufficient leisure from public business1
himself, on special request. Although we should lo write them out.]
&'alurday, Dec. 19.
Mft. OLIVER'S THIRD SPEECH.
Mr OLIVER said he was indebted to the
Lindness of the Senator from Greene (Mr
Thornton,) who was entitled to the floor, for
the opportunity to reply to a few remarks
which fell from the Hon. President of the
Senate, (Mr Cotlrell,) on yesterday; and I
assure that gentleman, that the kindness and
respect ever felt for him, is still entertained,
notwithstanding our political differences.
In the course of his speech Mr Cottrell
laid down the position, that to comply with
the requirements of the constitution of the
United States, no representative in Congress,
who is not voted for by the people of the
whole State, can be a representative, in fact,
of the State, but only of such district for
which, and by whose inhabitants he was elec¬
ted. The position was ingeniously taken,
and well argued, by the senator. I award him,
said Mr Oliver, great credit, for the ability
and shrewdness with which he defended it ;
but when the authority of the constitution is
invoked, it is proper and necessary that we
should refer directly to its provisions, and see
what they contain.
On the first blush of his proposition, one
would incline to it, from its striking plausibil¬
ity; but when we place it beside the consti
tution, and draw the parallel, its consistency
■and force vanish like mist before the sun. I
beg leave to read the first clause of the fourth
section of the first article of the constitution
of the United States, which is in these words:
" The times, places and manner of holding
elections for senators and representatives,
shall be prescribed in each state, by the le¬
gislature thereof; but the Congress may, at
any time, by law, make or alter such regu¬
lations, except as to the plan of choosing
senators.'''1
Now, sir, this clause gives the absolute and
unqualified right to do as she pleases, in the
stitution. They possessed all the attributes
and essentials of sovereignty, anterior to the
adoption of that instrument; and the gov¬
ernment thereby established had no existence,
and does not even now, possess a vestige 01
power, but such as the States, in their sove¬
reign capacity, delegated to it. The federal
government, unlike that of the States, has no
residuary mass of powers. It can only move
within the sphere prescribed to it, by its sov¬
ereign masters, the States, whose agent it is,
acting undor a specific letter of atiorney, fof
the common benefit of its principals.
The ground on which the Hon. President,
(Mr Cottrell,) has poised himself, that the
State of Alabama, in establishing her district
system, has violated the federal constitution,
because, it is alleged, that she does not there¬
by secure such a representation of her sove?
reignty, in congress, as is indispensable to
the law-making power of that body. He as¬
sumes that the only mode by which the State
can delegate her authority to her representa¬
tives, to act in her name, and express the will
of her people, is, tnat the people of the State,
regardless of county or district lines, shall
declare their choice for representatives.—-
Thatthis may be done by the state, in view
of the relation in which she stands to the fe¬
deral government, and of her own reserved
powers, is a position which I would be the
iast to gainsay. This would be, at most,but
the election of a particular method, which
attaches, among others, to her original char¬
acter, independent of the constitution or com¬
pact, to which she became a member, upon
an equal footing with the old states,by whom
our federal system was created and organis¬
ed. In the plenitude of her discretion over
the subject, which the senator has magnified
into -a constitutional question ; Alabama has
the right to require every vote to be given at
any one point—in Huntsville or Mobile, as
she may think proper. Or she may tud into
election of representatives to congress. This the opposite extremp, and direct the congres
right, in its fullest and most perfect exercise, sional elections to be postponed until after the
is secured to the State, and she can prescribe,sessions of congress. Nothing in the federal
where and when the elections shall be held—[constitution prohibits such experiments) if the
for what sections or districts of the State re-.Legislature of Alabama had the disposition
presentatives shall be severally chosen, and to make them. But then, at this very June-
that when so chosen, they shall be commis- ture, the federal government, seeing the evil
sioned, under the great seal, as representa- of the practice, and the inequalities and un-
tives of the State. Yet the power is grant- certainties it might occasion in the represen-
ed to congress, by the States, to interfere in(tative system, would throw itself upon that
this matter, and prescribe any regulations it clause of the constitution which I have quo-
may think proper, not repugnant to the rightS|ted within hearing of the senate, which says,
of the States. I am not of that class of po- in effect, that congtess shall have power to
liticians, who believe that the States acquir- alter and regulate the times,places andman-
ed any rights from or under the federal con-,ner of holding elections. Of course, this
gives congress jurisdiction over the subject
of electing representatives to that body ; and
until it has better reason, than any now ex¬
isting, to interfere in this matter, Alabama
will never find the wisdom or expediency of
either the district or general ticket system,
drawn in question by congress, or a specific
mode pointed out to her.
If tne Senator objects to the district sys¬
tem, because it does not give the state the
full exercise of her rights, under the federal
compact, he is entitled to the praise of origi¬
nality in his discovery. The question pre¬
sented by the bill, has no reference or appli¬
cation to constitutional power: the state is
supreme end exclusive, in this matter. If she
thinks proper to assign the supervision of cer¬
tain local interests, to her several represen¬
tatives in congress, and to limit the voters of
-each section, whose interests are thus com¬
mitted, to the individual agent who is to
guard and promote them,—there is no vio¬
lence done to the federal constitution, nor is
there any omission of duty, in carrying out
the full measure of residuary powers which
exist in the states, and are independent of,
.and superior to the constitution.
Again, said Mr Oliver, it is strange that the
-framers of the constitution, many of whom
afterwards represented districts in congress,1
did not find out that they were acting contra¬
ry to the constitution of the country—a dis¬
covery left for this late day in the history of
-constitutional doctrine. And sir, to close this
part of the argument, it strikes me that the
senator yields his position, in supporting the
amendment, which says that the representa¬
tives may be selected from congressional dis¬
tricts.
I have glanced at these features of the
States Rights doctrine, which I have always
cherished, to show the gentleman from
Lowndes, that the lessons which he has been
kind enough to say he imbibed from me, on
the subject of state rights, have failed to
place him in a correct attitude. Yet, casting
■ my eye back a lew years, to what the sena¬
tor professed and carried out, with the ener¬
gies of an ardent and honest mind, I ta,
much pleasure in saying, that if I had the
honor to be a political teacher to that gentle¬
man, his attainments and auccess as a pupil,
have done me infinite credit—far more than
I deserve. His is not the first example, where
the abilities and accomplishments of the stu¬
dent, have far outstripped those of the pre¬
ceptor.
I have just cause to be proud of the remi¬
niscence which the gentleman has brought to
my attention; but sir, he was the sovereign
and I the servant; it was his support that
nerved my arm, in defence of the state rights
principles. The Hon. President mistakes
my words, when I spoke of the proposed
measure, as a radical change : I had no al¬
lusions t»the radical party; and sir, as the
gentleman and myself both belonged to that
party, I certainly can point with some degree
of propriety to the course of that gallant and
consistent band of politicians, to prove that
he has changed, and not I. Look at that par¬
ty, every where—in S. Carolina, in Georgia,
and in this State—Ere not most of them
now whigs, battling in the cause of republi¬
can principles"?
It wbs certainly imputing to me a very
strange and imperfect idea of state rights,
that I should maintain the principle, that the
counties bore the same relation to the State,
that the latter did to the general gsvernment;
and that the principle of representation by
districts, with a view to the better protection
of local interests, for which I contended,
would obliterate State lines, and destroy
State sovereignty, by moulding up the peo¬
ple of the Union, into one solid mass, to be
parceled out into sectional representation.—
This singular misconception of my views,
led the senator to use the term consolidation,
while examining s,ome of the points I made.
Wishing to disabuse the minds of others, and
to set myself right on this question, I have
claimed the indulgence of the senate, and
have been honored with that of the senator
from Greene, to whom the floor had been as¬
sign ed, at this hour.
17
SPEECH
OF THE
, Hon. H. I. THORNTON, of Greene,
4n opposition to the General Ticket Bill; delivcrei
In the Senate, Saturday, December 13th 1840
after Mr. Oliver had concluded.
Mr. THORNTON said—Mr. President: It doe;
not become mo to interfere with the State Rights
difficulty, in which.the Senators from Lowndes and
Montgomery (Messrs. Cottrell and Oliver,) have
acted so earnest apart. I am not in a position to
render anymediatorial services in settling the points
of difference for which they respectively contend :
"non metantas. commonere tites." In that contro¬
versy I have no lot. Viewing it in what I believe
is its true character, a family quarrel, politically
speaking, I might share a fate, were I to espouse
the side of either in that question, similar to that
of the humane but unfortunate party who, observ¬
ing a contest between a man and his wife, gallant¬
ly aided the weaker side, and was violently assailed
by both "for fiis pains.
The Presidential topic has been dragged Into
this debate, and much bitterness and acrimony dis¬
played by those to whom it resulted unsuccessfully.
I am willing to make a generous allowance to
men's feelings after they have sustained such an
overwhelming- defeat in the late strife ; alter they
have been routed and dispersed in a manner com¬
parable only to the events of Waterloo, under the
proud chieftain of democracy, who led his heroes
to the charge. I shall not indulge my rejoicing
here over the fallen fortunes of Martin Van Buren,
or recriminate in the'harsh spirit to which his devot¬
ed followers have given vent on this floor and else¬
where. Rather will I'be governed by the Roman
maxim, " nil demortuis nisi bonu?n," to say noth¬
ing of the d'ead, unless you could say something in
their favor. On this principle I am wholly debar¬
red from speaking of Martin Van Buren. His po¬
litical death warrant hps been signed and scaled bjr
the people, and I am disposed that the rites of bu¬
rial should not be disturbed by the shouts of tri¬
umph, even of those he so much injured in the
palmy days of his power.
What possible application certain terms and
phrases, not original within this chamber, but
which have been rung and bellowed to the winds
by every deep throated democrat in the land, until
the very hills and forests eclioed with the derisive
and scornful cries of " bard-cidcr, log cabins and
coon-skins what relation, I say, these exploded,
terms of an arrogant and power serving party, have
[to the measure under consideration,—is. a riddle
too ingenious for my solution. Yet, we find Sen¬
ators as familiar with them, in discussion, as if they
I rested the fate of every proposition upon their ma¬
gic. Such resorts are more appropriate on the hus¬
tings, where slang is a legitimate substitute for ar¬
gument, in the estimation of some, than in the
grave deliberations of a co-ordinate branch of the
government, and on a question which should be
treated with the dignity to which its importance en¬
titles it. Though necessarily forced by gentlemen
into an examination of the means which the late
Presidential canvass called into active requisition,
it is with much reluctance that I do so, and I feel
persuaded that I shall go no farther than the law
of self-defence strictly justifies. Lest our opponents
might construe our silence, under these charges
into an acknowlegement of their justness, I desire
to place the whole matter on higher grounds, and
to repel the contemptuous slang with which the
conduct of the Whig party has been pursued and
villificd.
I am not disposed to make war on the emblems
and devices which the democratic party thought it
no disgrace to employ in the advancement of their
principles or their policy. I hope to be excused in
failing to apprehend which of these terms, princi¬
ples or policy, have had the most influence on the
actions of that party. But, dismissing this enquiry
in order to follow out another, I beg leave to men¬
tion the universal practice of every sect, civil or
religious, to adopt some sort of emblem or memori¬
al significant of their objects, or the sympathies by
which they are governed, or those they aim to en¬
list. I venture the opinion that in no case are em¬
blems selected or used, but In reference to some
fact or incident which it is wished to commemorate;
and however unseemly to nice and delicate minds
they may appear ; or however shocking to nerves
of exquisite sensibility, they will be found, on anal¬
ysis, to contain a striking lesson, though it may
seem at first as improbable as that a jewel exists in
the toads head. The origin of these emblems is
generally traced to some occurrence, or associated
with some individual or exploit, whose memory'it
is sought to perpetuate, for social or political pur¬
poses. In this way, on a mere indifferent casual¬
ty, sprang up one of the most ancient and honora¬
ble orders of English Knighthood; the Order of
the darter. It is stated in history, that at a
court ball of Edward III, "the Countess of Salis¬
bury dropped her garfer ; and the King taking it
up, observed sonic of the courtiers to smile, as if
they thought that he had not obtained this favor by
accident, upon which he called out, " Honi soil
qui mal ypense"—Evil to him that evil thinks."
This motto, growing out of so trifling an incident,-
now blazons the National Shield of one of the
most powerful governments on earth; yet who does
not perceive the elevated moral which that motto
conveys; though it fell from the lips of a Prince,
who was not perhaps, the finest model in his king¬
dom for personal virtue to imitate.
In regard to the emblems and devices which
the Whigs adopted in the late Presidential contest,
ho matter from whence derived, they were equally
as rational and patriotic as those under which the
supporters of Gen. Jackson rallied, on a similar
Occasion. Anxious to receive justice, and willing
to render it, at all times, to any person or party, I
must ask the indulgence of the Senate, to advert
briefly, to the important theme of Hard Cider and
Log Cabins, which has been rung in our ears, by
the democratic Van Buren party, throughout the
whole campaign, and which was earnestly harped
upon to show the unfitness of Gen. Harrison for
the Presidency. Now, sir, the latitude given to
this discussion, will enable me to refresh the mem¬
ory of Senators, by whom and for what reason,
these odious and undignified terms, hard-cider and
log-cabins, were put forth in the canvass. It is a
fact which has not been denied, of the truth of
which there is the most ample preof, that a writer
for an administration paper in Baltimore, criticis.
mg the qualifications of Gen. Harrison, soon after
his nomination for the Presidency at Harrisburg,—
had the arrogance and pride to declare, that give
Gen. Harrison a pension of two thousand dollars a
year and a barrel of hard-cidcr, he would remain
in his log-cabin the balance of his life. This was
a deliberate insult to tho poverty of the Hero of
the Thames; and the mass of his countrymen,
feeling the shaft quiver in their sympathies, deter¬
mined to hurl back the outrage and make its au¬
thors and abettors quail under its effects. This
they did with resolution and zeal, by transferring
these terms of Seproach and insult, into inscrip¬
tions on their banners and shields; and proving, by
an actual exhibition of log-cabins on: wheels, mov¬
ing on the public highway and in the crowded
streets of our cities, that the independent freemen
of this country, without regard to fortune or rank,
were not ashamed of log-cabins, nor of those who
dwelt in them. It had been raised by a haughty
and brainless pride as an objection to Gen. Har¬
rison, that he occupied a log-cabin and drank hard
cider. There was something so harsh and relent¬
less in the spirit that dictated such an insult, that
the American people rose up, in a solid phalanx, to
avenge it, and to show the venerable chief of mahjr
battles, that his age and poverty could not be thus
assailed with impunity. Terrible was the chas.
tisement, as you well know, that has been inflict¬
ed on these violators of the purest sympathies of
our nature ; and yet in the face of this momentous
lesson, we find gentlemen on this floor actually in¬
dulging that exploded slang.
It would be very far from my wish or purpose, to
revive topics that have long ceased to attract by
their novelty ; nor would I have referred to them,
in the slightest manner, on this occasion, but for
the habit of Senators in pressing them into service
on almost every question of a political tendency;
From the fondness they exhibit for these bantlings
of their wit, now emaciated by long and violent
use; these gorgeous figures of their patriotic indig¬
nation, a cool and calm observer would rationally
judge that they constituted the whole armory of
democratic warfare, and that every subject resolv¬
ed itself into hard-cider and log-cabiii propositions.
But, it would be doing an act of injustice to the
party, whose arguments often consist of such per¬
tinent authority, to pass over in silence their he¬
raldic insignia, imperishable mottos and felicitous
emblems. Relying on the Senate for its patience,
I will take the liberty of glancing at two or three
emblems with which the present democratic party
dignified and ornamented their escutcheon.
First of all was theHickory tree. The idea of this
being a sign to battle under, was furnished, we
are told, by a circumstance honorable to GenJack-
son, whose character and virtues it is designed to
commemorate. Seeing a soldier or subaltern on
foot, much exhausted, and nearly broken down in
the march, in one of his Indian campaigns, Gen.
Jackson, with that hardy and magnanimous reso¬
lution, which at times was turned to good account,
lighted from his own charger and placed the hum¬
ble private or subaltern in his saddle, while he
himself trudged on foot. Halting at camp, or for
refreshments, some person in the army expressed
surprise that the commanding General should ex-
pose himself to so much fatigue, as marching on
foot, when his frame or constitution did not appear
the stoutest. Reply was made by another, that
Gen. Jackson was as tough as hickory, and could
not, therefore, be injured by exposure. That was
the origin, as we are informed, of the celebrated
metaphor of the Hickory tree, under whose protec¬
ting boughs and shade, more carousals and bac¬
chanalian songs have echoed at the muster ground,
the horse race, the cock-pit and court yard, than
there were beads on all the hard cider that Gen.
Harrison ever manufactured or stored away, at
North Bend. In all these lamb-like and innocent
U)
diversions under the hickory tree, more bald faced
whiskey was consumed to enliven the song and to
animate the patriotism of these assembles, than
there was hard cider guzzled down the throats of
the whigs put together, during the late contest.
Having disposed of one democratic emblem, with
which I do not pretend to find fault, I proceed,
Secondly, to hickory brooms, with which the
pountry has been swept to the verge of ruin
These, I take for granted, were invented to signify
the cleansing efficacy of Gen. Jackson's adminis¬
tration, coming into power, after that most extrav¬
agant and rapacious of all Presidents, it was alleg¬
ed, Mr. John Quincy Adams! The idea of the
broom was no doubt suggested by that sentiment
in Glen. Jackson's first inaugural, " that among the
duties he had to perform, and which the public de ¬
manded, was legibly written the task of Reform."
Whereupon, Gen. Jackson, the day he went into
office, put his hickory brooms in motion and speed¬
ily reformed out of office almost every man who
refused to wear the collar. Such is the nature
find performance of the broom, which all true dem¬
ocrats regard with superstitious reverence, as hav¬
ing delivered the country, in 1828, of a prodigal
Executive, whose annual axpenditures were $13,-
000,000, and substituted in its place a very econo¬
mical and circumspect administration, which re¬
duced the national expenditures annually to the
nominal sum of $39,000,000!! You have now
the immense benefits which the hickory broom has
achieved for the country, and I leave it for the
present, in thfe custody of those who have so mate¬
rially aided in saving, by its magic, such immense
end frazzled. I was at a loss to comprehend this
design, until I met Mr. Grundy, who informed m£
that it meant sweeping the offices of the Govern¬
ment. I then fully appreciated the exploits of the
broom, for it had just before swept me out of a lit¬
tle office I received under the Presidency of Mr,
Adams. Now let us dispense with our party em¬
blems, for the present, while we have more impor-
tant business to transact, and let us make a friend,
ly settlement somewhat in this order: Let the
hog offset the coon; the hickory be upon a foot¬
ing with the log-cabin, and yonr Polk-berry bounce
to which I have not as yet paid my respects, fer¬
ment by the cask of our Hard-cider. These things
will do to jest about, and even this liberty I should
not have taken here, but for the rabid pluuge made
at the Whig party, through their emblems, by Sen¬
ators who have preceded me in this discussion.
I now approach the grave question on which
we are called, not to deliberate, for we have been,
spared that labor by deliberations elsewhere; not
to decide, for others have decided for us ; but to be¬
hold in astonishment what the' intolerance and
mania of party will accomplish. Had not the rea¬
sons and policy for which this bill was introduced,
been sufficiently obvious, to induce the lovers of
equal-rights, and privileges under the federal con¬
stitution, to oppose the bill with all firmness;—the
confession frankly made by the Senator from Lime-,
stone, (Mr, Terry,) that its object was power, is
abundantly sufficient to rouse every Whig and re¬
publican of Alabama,to smite it with the bold arms
of freemen, nerved in defiance of their holiest
ghts. I look upon the provisions of the bill as so-.
sums of the peoples money. I now come to notice entirely abhorrent to every idea of justice, and so
another political emblem, which has figured quite
prominently in the Hickory tree and broom festi¬
vals, viz:
The whole Hog. While I declaim on this no.
ble and, by the democrats, highly honored device;
the brilliant transparencies in which the round
forrp and snout of the animal was graphically re¬
presented, and. borne in the processions where
hickory poles mounted men's shoulders, and hick¬
ory brooms swept at' their heels; my imagination
is almost dazzled by these by.gone reminiscences,
and the shouts of the anti-hard-cider men who
palpably at war with every principle of freedom,
that in order to give the bill its proper caption, and,
to express its true character, I will read to the Se-.
nate, what in due time, I may offer in lieu of the
fraudulent and deceptive title with which the bill
is now garnished. My substitute is as follows:
Whereas the " greatest good of the greatest
number," is the sole desideratum of all just govern-,
ment; and the rights of a minority is a solecism in
politics ; and. whereas, the number of faithful dem¬
ocrats now early desirous of serving their party, is
too great for the number, cf offices within their pow-
mingled on the occasion, seem yet to echo in my or to control; and whereas,■ according to.the long
ear. But, this is not all that I have seen under established division of this State into separate Con-.
the auspices of the whole hog. I actually beheld gressional districts, there are largely upwards of
a warm-hearted and active democrat, carrying a'one hundred thousand.people, residing in the south-
live hog on his shoulder, not with felonious intent,'era division of this State, called Whigs,, who in the
but purely to carry out the principles of his party; exercise of the elective franchise, as they have
and I also saw him pinch the animal, ever and anon,'hithcito been permitted to use it,for representatives
to make it cry glory to the chief! Several years in Congress, are wholly regardless of the interests,
ago, I saw a hickory pole in Tenncssro, with one wishes, and feelings, of a larger number of people
residing in the northern section of the. State, who
are called democrats; therefore be it enacted, Ac.
Now, sir, this is an exact and condensed repre¬
sentation of the principles avowed by the majority,
in supporting this bill. The real, genuine, Simon
Pure democracy has been sleeping in darkness and
in silence, until it was discovered and brought to
light by the wisdom and vigilance,—the lynx-eyed
sagacity of the present race of self-styled demo¬
crats, who rally under one common banner, bear¬
ing the inscription, that to the victors belong the
spoils! This watch-word, by which modern
democrats pass muster, hail each other and give
the countersign, is the Shiboleth of a political lea¬
der, whose heart is as cold as the latitude in which
lie lived, and who has practised his doctrine on the
American people, until they have toppled him from
his throne, and sent him back, shivered and thun¬
derstruck, to be annointcd by his beloved Regency,
and built up again when the people shall pardon
his manifold sins, and forget the mischief entailed
upon the country by his wretched administration.
A full and complete amnesty, of all injuries, will
never be granted by a plundered nation of freemen,
by whose indignant and almost unanimous voice
his destructive career has been arrested. Yet, it
has been reserved for the boasted democracy who
strove might and main to perpetuate such an ad¬
ministration, to make the discovery all at once,
that the district system was unconstitutional and
inexpedient ? The State Rights sages of Virginia
and South Carolina, who have lighted our political
horizon with the torch of republican orthodoxy,
and whose wisdom and experience constitute the
land-marks by which every sound and liberal po¬
litician wishes to be guided ; even these illustrious
men, were not astute enough to make the discov¬
ery that the plan of representation, sought to be
abolished in the bill, was erronious in principle
and at war with the spirit of free government, as
well as the sovereignty of the States! And to
make the deception still more plausible, and to en¬
trap the judgment and feelings of State Rights
men, they arc peculiarly summoned to support the
hill!
Let us examine the grounds of this strange and
unheard of proposition. The first step will be to
enquire, What is democracy? Is it not, that the
voice of each individual shall act effectually in
those regulations of the State which govern it? Is
it not clearly conceded and apparent that the peo¬
ple, the legitimate and exclusive source of all pow¬
er in this country, should so participate in the ac¬
tion of government, as to influence it entirely by
their will ? That mode, then, of ascertaining the
wishes, and of course the interests of the people, it
is the duty of the legislature to adopt, which Will1
secure in the highest degree, the exercise of that
prerogative to govern, which is inherent in, and
inseparable from the people, under our form of
government. This is the doctrine and practice of
true democracy. To attain the very quint essence
of popular rights, and, as declared of late, popular
sovereignty, it is essential to resolve civil society
into its pristine elements; and so far as practicable,
let the public, by which I include the whole peo¬
ple of the State, meet in one great council, to de¬
liberate in person, and each to express directly,
without any intervening medium, what he prefers,
and for the majority of the multitude to sway the
interests of the whole. This would, as I conceive,
be the beau ideal of democracy. But from the
size of the community, and the inconvenience, nay
impossibility, of such an assemblage of the people,
the doctrine of representation comes in, which
should be so regulated and applied, as to give the
most, efficient and successful operation to the sys¬
tem, thereby approaching as near as can be, the
results of public opinion, as if made known in a
general council of the whole population. This is
unquestionably the true democratic principle of
government; and it is a departure from the main
intention professed by all parties, viz: that the
greatest good to the greatest number shall prepon¬
derate, to insist that any portion of the people,
shall be deprived of the right of representation in
the passage of laws to bind them. The bill cuts
off the whole mass of South Alabafna ; but then,
to hush our complaints, the friends and supporters
of the bill say, we shall have the privilege of vot¬
ing! This-is mockery, added to insult and dis¬
franchisement ; it is a mere phantom to delude
the careless, and to still the voice of remonstrance.
Sir, the people of South Alabama can never be
thus easily duped of their rights; you can never
persuade them that they are in the possession and
exercise of their political franchises, when they see
and feel and know that they are never again to
have a representative in Congress, who will reflect
their will, and carry out their opinions. This is
the situation in which you propose to place them,
and then you turn to them, with arrogant triumph
and irony, say, oh ! you have the right to vote still!
no harm done you, you have the unqualified right
to vote for representatives. Such is the fraud at¬
tempted to be practised on the understanding and
liberties of the southern freemen of Alabama!
Power may enable you to consummate that fraud,
and silence a large portion of your fellow-citizens,
in the councils of the Republic; but my word for
it, you will rue the day when you committed this
violence.
It is not disguised that the largest number of Congress or the Legislature, is indispensable totlie.
voters reside in the Northern part of the State, a'rightful exercise of the sovereignty of the State
considerable majority of whom belong to, or act and is the only mode in which that sovereignty
with, the dominant party. Suppose that there is'can be wielded; That without this undivided or.
a perfect unanimity among them, (which, to a aggregate bestowment of power, on the part of the-
certain extent, is really the fact) and that they people, and if this undivided or aggregate relation-
are thrown upon the South and received into the'and capacity of the representatives, either in the
mass ? Does not the enormity of the proposition federal or State Legislature, no valid law can be-
become manifest, and its flagrant injustice naked-'passed, because the very soul of the law-mak-
ly exposed? For the sake of illustration, in an¬
swer to the argument advanced in favor of the bill,
that there can be no constitutional representation
of the State, in Congress, but through an election
by the whole people in a solid community of all
the representatives in that body, I will suppose
that 100,000 people have the right to send ten re¬
presentatives.—Now if all these 100,000 people
followed the same pursuits so that the products of
their labor were identical and their feelings and
interests altogether harmonious, it would be to a
great extent, a matter of indifference,whether their
ten representatives, were elected by the whole
mass voting for all, or by divisions of 10,000, each
electing one. Convenience might demand, even
upon the supposition of the identity above suggest¬
ed, that the latter mode of choice should be adopt¬
ed. But sir, when, as in all large communities,
the interests, and pursuits, and kind of property of
the people, are wholly different, then, although in
either mode, they may be said to have ten repre¬
sentatives, yet for all the legitimate purposes of
representation, the election of all, by the vote of
the whole constituency, would be wholly ineffec¬
tual. The largest interest in the community, like
Aaron's Serpent, would swallow up the rest. But
if the position laid down on yesterday by the Sen¬
ator from Lowndes, (Mr. President Cottrell) he
legitimate, there is no constitutional way in which
we can avoid those evils. Nothing he says but the
actual sovereignty of a Stale is competent to enact
laws, and nothing he says amounts to this sover¬
eignty, but the united; joint, and simultaneous
voice of the people, centering in the same identi¬
cal representatives by whom the law making au¬
thority is assumed or ever exercised. I would
like to be informed, how, if the position be well
taken, the sovereignty of Alabama, can be recon¬
ciled with her constitution, which provides that
the Senators -and Representatives composing her
State legislature shall be elected by the qualified
voters of her counties! The proposition of that
Senator based entirely, as he claims, on the' doc¬
trine of State rights, and on the principles of the
constitution results in this deduction, via: that
the joint act of the whole people of the State, in
ing power, to wit: Sovereignty, is not present in
either body. If such is not the irresistible conclu¬
sion on the premises laid down, I have been in er¬
ror all my life as to the steps by which reason ac-.
complishcd its process. If the laws of the State,
enacted under the system of county and district
representation in the legislature, be of any force
or obligation on the people, it follows that the po¬
sition of the Senator trom Lowndes, relative to
State Sovereignty, stands unvindicated and unau¬
thorised. It follows, then, as a matter of neces¬
sity and truth, that other modes of conferring the
representative power, may be properly used, either
for the National or State Legislature, than that by
general ticket. Of the correctness of this princi¬
ple, I leave others to judge on the illustration just
given ; which, if considered unapt, may be laid to
the charge of the impalpable nature of the proposi¬
tion to which it relates. But in this region of the
debate, terra incognita, as I frankly admit ittc be,
there is one thing which I think I clearly perceive;
and that is, that so far as this bill is concerned, I
need not fear, before any impartial tribunal, to
compare with the gentleman as a state rights manr
For I maintain, that under the Federal Constitu¬
tion (Congress not having interposed) the Slates
have the undoubted right, to adopt either mode
of electing her federal representatives; whilst I
understand the gentleman to declare, that they
have not the right to adopt the district system.
Who, that does not shut his eyes, cai) be blind to
the facts involved in this great question? The peo¬
ple of the northern part of this State inhabit dif¬
ferent degrees of latitude,—they possess a va¬
riety of interests, and follow pursuits different from
those of the people of the southern part of the
State. All these subjects constitute them, in a po¬
litical view, a distinct people, to whom the same
measures would not be acceptable, that would pro¬
mote the welfare of the south. Hence the proprie¬
ty of separate representation, that would have that
degree of personal or local knowledge \yhich could
benefit them on any question touching the class of
interests with which they are identified. Every
question that can arise in Congress, touches the-
interests of some pursuits, or some communities,
the selection of common representatives, either in more than others. The great, duty and object of
2\
the representative, is lube ladened with the views
and feelings of his constituents; and by this means,
adjusting all fairly ahd equitably, the result of le¬
gislation takes place. In some States, there is a
distinct and pervading difference in the occupa¬
tions and interests of their people. For instance,
one section may be wholly agricultural; another
section entirely commercial, and a third, altogeth¬
er manufacturing. It is well known, that each of
these, requires a different system of legislation, as
the same policy which promotes the one, injures or
■destroys the other. If representatives are there¬
fore elected by the whole people of the State, it
will be out of their power, from the very tenure by
which they hold their seats, to use that exertion in
behalf of any one, or indeed of all, these interests,
which would satisfy their general constituency; and
in this distraction and uncertainty ui duty and
opinion, they will be so tied down, to all useful
purposes, as will render their services merely nom¬
inal. In the State of Now-York, this diversity of
pursuits exists in the fullest degree; and if she sent
her representation to Congress by general ticket,
how could the numerous members from the city of
New-York, whose information and experience was
mostly confined to commerce, know what to do
with the western or northern sections of the State,
where the agricultural interest prevailed? Or, re¬
versing the case, would it be expected that repre¬
sentatives from the laboring or manufacturing dis¬
tricts, would be acquainted with the general state
of trade, and those facilities or burthens with which
the action of Congress uniformly connects it? The
cupidity of one interest would not be restrained
and held back by a countervailing influence. One
would gain the ascendency over others, and thus
present, in bold relief, the evil of that system of re¬
presentation which the bill before you, aims to fix
on the people of Alabama.
But, referring specially to the effect of the bill, it
promises no good, except to. the pany by whom it
is brought forward, or more qualifiedly speaking,
the leaders for whose benefit and aggrandisement
the question was sprung in caucus. The demo¬
cratic features of this proposition arc mere play and
imposture; and so naked and monstrous did it ap¬
pear, even to the friends ol'the bill after it showed
its face in public, that the}7, in sheer policy,.tacked
on the idea and form of a district! They7 saw7 at
once that it was too shocking, and tjiey pasted a
little gilding on the pill, which they have declared
with all the airs and confidence of power, they in¬
tend to force down our threats, even if the muzzle
should have to be put on us. As to a district se¬
lection for representative, the amendment to the
bill is perfect moonshine—a mere catch trap, nr.d
really signifies and amounts to nothing. But.is
this proviso to secure in fact, each Congressional
district a representative, or more definitely express,
ing myself, supply the State with her full comple¬
ment of representatives, who shall severally reside
m the districts, as heretofore, but the only change
to be wrought is, that they become representatives
directly of the whole State, instead of their respec.
tive districts? A man who has an eye for the mar¬
vellous, cannot fail to be struck with the consis¬
tency of the argument used by the Governor, in
favor of the General Ticket system,—that it will
command the best talents of the State for the pub¬
lic service, by opening the field to all to become
candidates, let them reside where they may, even
in the same district or town. This ground has been-
strongly pressed m the discussion, and it is yet in¬
sisted upon, as a weighty reason, why the district
system should be abolished. The same proviso
which has been glued on to the bill, as an experi¬
ment on public credulity, literally destroys thatar-
gnrnent, if theproviso itself has any operative mean¬
ing, which I am free to assert, it has not. To,
show how egregiously deceptive and equivocal is
that clause of the bill, and to expose the miserable
fraud which is attempted to be played off on public
opinion, the gentleman from Limestone, the. god¬
father of the bill, has promised to give us a demo,,
cratic representative from each of the districts.—
[Mr Terry replied, I make that promise.] This is
really undertaking -what the Senator cannot per¬
form; but in making the promise, he forgets that
the chief and most plausible object of the bill, is to
secure men of the greatest character and notoriety
in the State, to represent it in Congress; and yet
he falls back upon the districts, and says that each
is furnish a represcntatjva as heretofore. His Ex¬
cellency reasons one way, and sweeps the whole
State, out of which to rake up the most suitable
candidates; the Senator tries to accomplish the
same result, but prefers to retreat, from public in¬
dignation, behind the ramparts of the several dis¬
tricts. Here we find two distinguished worthies,
each striving for power in the same hands; but in
the midst of subterfuges to conceal their plots, they
clash on principle, and convict each other of insin¬
cerity and evasion. In one thing, however, there
is no disagreement among the party; their leaders
all clutch at power with the same avidity—exhib¬
it the same lawless lust of dominion, and the same
determination to get every tiling in their own hands,
and hold on to it, for the interest of the party,—not
that of the county at large. O no, sir; that would
be an exertion of magnanimity which they have
furnished us with no grounds to suspect they will
make.
23
'Sir, we know where the power lies, arid we also
Itnow what power is appealed to in the bill, for the
purpose of punishing the refractory Whigs of S.
Alabama, who had the hardihood to prefer repre¬
sentatives to Congress, of their own political faith,
over the candidates put forth by the democratic
party. But if in the plenitude of their liberality,
the majority should permit some man to be elect,
ed from a southern district, what would be his
character? However qualified in other respects, he
would not feel that diffusive sympathy for his con¬
stituents of the whole State, that it would be na¬
tural for him to possess and indulge in common
with the people of a district, by whom alone he
shall have been elected. Under the general ticket
system however^ he understands, that northern
votes gave him office and honor; and to northern
men alone will he feel responsible, and to them
will he pay court. He will feel as the hireling of a
lordly power, whose interests and disposition are
foreign to those of the community in which he re¬
sides. You will see him perched on an elevation,
not raised or respected by his neighbors, but up-
home on the shoulders of northern domination,
which scoffs at our weakness, and mocks us with
their power. To these political1 autocrats, who
trample on our rights with impunity, we must bow
and oringe, as if grateful to them for our very ex¬
istence! We must raise a shout of thanks for the
poor boon of voting for a candidate from a southern
district, whose success will be owing entirely to
northern influence, and whose labor will be sub¬
servient to those by whom he is promoted. What
assurance have we that the successors of the pre¬
sent spirits of Tammany, will even hold out the
ignus fatuus light of a district nomination? The
time will come when this will be refused by the
northern horde, whose merciless intolerance will
sweep over the fair plains of South Alabama, after
the example of the northern hordes, of antiquity,
who desolated the South of Europe. Our degraded
Condition—powerless—disfranchised—will tell how
like the invasions af other times from the North.
I almost imagine that I see the Goths and Vis-
goths pouring their myriads, in clouds of wra'th,
■tra the green fields and beautiful valleys of the
South. In the measure before you, we see an ut¬
ter prostration of all democratic principle, which
is understood to signify, that every individual shall1
have an effective voice in the government of his
country.. The minority is placed in a state of vas¬
salage; but they will not silently remain in that
•condition. No sir; they will remonstrate and re¬
bel against this usurpation of power. Like all
family quarrels, much bitterness will ensue, and
strife the most dcadlv. I had rather be at once
under subjection to a foreign power,—in colonial
vassalage itself, than to be ht the mercy and 'di:«'
posal of the remorseless majority by whom we
shall be ground into dust. What are we to appre¬
hend from the future abuse of power, when we hear
it boastingly proclaimed on this floor and every
where,— in doors and out, that the bill shall pass?
Yes, I know it will pass, no matter what objec¬
tions lie in the way—even if liberty itself has to be
sacrificed, the bill must pass. The means to ac¬
complish the end, have all been arranged; we have
no deliverance to hope, except Providential. The
tourniquet has been fixed on the limbs of the minor¬
ity, and the genius of quack democracy stands
with the knife drawn to bleed them until they gasp
in' the agonies of dissolution. We are to become
the subjects of brute power, on genuine democratic
principles!
Sir, we find Senators so transported with the
idea of their brief authority, and so carried away
by the hopes which the bill opens to them, of en¬
slaving their Whig opponents, that they have actu¬
ally introduced, by way of illustration, the figure
of a team of horses, pulling a wagon to Texas! and
asked, if we desired to travel a journey, if we would
venture on it with two horses that pulled back,,
while three moved forward! or more especially if
three stood still, and thwarted the rest? The apt-'
ness of the figure lies in the intention of the ma¬
jority to become the teamsters, while the Whigs,
whom they regard with a most cordial and bro¬
therly hatred, are to be the beasts of burthen, to be
driven at the crack of the whip of their sovereign
masters, the mountain democrats! I see no ne¬
cessity for the comparison, unless it be to taunt and
goad the minority. Even if this were the object,'
it will redound to no advantage; for be you assur¬
ed, that the offensive features of the bill, and the
harsh declarations on this floor, will be justly ap¬
preciated by the rebellious Saxon spirit of indepen¬
dence which flows in the veins of the Whigs of
Alabama. They will not pull in- the harness at
the bidding of any man, or set of men; nor will
they tamely submit to the rescripts of power. The
principle of mental or moral action, in the body of
the people, appears to be kept out of view byjhe
majority, in the discussions on the bill. They flat¬
ter themselves that if public opinion can survive a
system of brow-beating, and defiance, such as the
imperious majority has called into play, thus far, in
the prosecution of their scheme; they will then fall
back, as a last resort, upon the drilled force of
numbers, and sweep down the south by the two-
edged weapon of the ballot-box; thus carrying ev¬
ery represent t.ive in Congress, from this State, and
leave more than two fifths of the people without a
■J
'ispigle voice or organ in the national counsels!—>
Ttiey adjust the principle of representation, not on
the republican ratio, that every 47,700 souls shall
have a representative; but on the exclusive, exqui¬
site and double refined system of modern democra¬
cy, which hazards every thing upon a majority of
one, and on the plea that such majority shall go¬
vern, in all cases, they stifle the voice ofaminori-
' ty of more than 28,000 freemen—lawful citizens
and voters of the State of Alabama! I do not pre¬
tend to say that the democratic majority in the
State, is only one; but I insist that the doctrine of
majorities is pushed to such an absolute extent,
that the foulest proscription is justified by the
dominant party. The wills of men ought to be
■ left free; their right to govern should not be an
empty concession—but it should be felt in practice;
in every branch and avenue of the government.—
It behoves the legislature, then, whose duty it is to
understand the rights of the people, and fix an
equitable rule of protection to those rights, to em¬
brace all, in whose name it professes to speak, and
to provide thatall be equally treated. The gener¬
al ticket system does not afford this equality—it
muzzles, in fact, and cuts off more than two fifths
of the governing power of the State. It is true,
every man, even under the district mode of repre¬
sentation, will not secure the candieate for whom
he votes—some votes will necessarily have been
cast in vain; but then, a fair opportunity was al¬
lowed to make an honest selection. Who will be
so reckless or blind as to assert that the Whigs of
Alabama have the slightest chance to elect repre¬
sentatives to Congress, whose sentiments accord
with their own; after this bill shall have passed?—
As well might you fetter and chain a man in the
strongest and darkest dungeon, and mock him,
through his prison grates, because he does not ex¬
ercise his liberty and breathe the pure air of hea¬
ven, as to say to the minority, your rights are held
sacred by the majority, and that all j-ou have to do,
is to choose your own representatives? The great
object I wish to preserve and to see effected, is, a
fair representation of every part of the State.
Although it is not very fashionable, among the
new-light democrats of the day, to refer to the con¬
stitution of the United States, except to pervert and
violate it, I call the attention of gentlemen of
that party, whose power is absolute and unques¬
tioned here, to the 2d section, article 1, of that in¬
strument, which, in reference to the legislative de¬
partment says, "The House of Representatives
{shall be composed, of methbers chosen every se¬
cond year, by the people of the several States;" and
Section 3d, uThe Senate of the United States
shall be composed of tico Senators from each
i -
Slate, chosen by the. legislature thereofi, for she
years; and each Senator shall have one vote."—
You perceive that, by these two clauses, there is
a wise and proper distribution of power between
the two branches of Congress. Representatives
arc elected by the people, in their primary charac.
ter, for the term of two years; while the Senators
are chosen by the State legislature for a term of
six years. It strikes us most forcibly, that the
House of Representatives, holding its tenure di¬
rectly from the people, to be renewed so frequently,
Was intended to guard the rights, and redress the
grievances of the people, with which it was sup¬
posed they had an intimate knowledge'. The Sen¬
ate was more remote from the people, and could
not be reached by them, except through the legis¬
lature which invested them", for the term of six
years, with the sovereignty of the State. By this
adjustment of power, the smallest ana least popu¬
lous State in the Union, was equal in Congress to
the largest State—Alabama stood side by side
with, and equal to, the empire State; and Rhode
Island, whose territory is less than a single county
in the western part of Virginia, has her two Sena¬
tors who cast the same vote as the Senators from
the "Old Dominion." This plan exemplifies the
intention oftheframers of the constitution, in pro¬
viding checks between the sovereignty of the
States, which is represented alone in the Senate,—
and the rights and interests of the people, as the
source of power, which receive consideration in
the House of Representatives, whose members are
only an emanation of the people. While I admit
that the sovereignty of a State is made up of the
people, yet that sovereignty has but one channel
through which it can act in the federal govern¬
ment, and that is in the Senate. It cannot be suc¬
cessfully maintained, that a State can divide its
sovereignty, and entrust it to different hands at the
same time, to be exercised in different modes. The
State Rights doctrine is, if I am not misinformed,
that sovereignty is indivisible; it therefore follows
that there is but one njedium through which it can
be transferred, and no disciple of the State Rights'
school will pretend that the House of Representa¬
tives contains the elements of State sovereignty.
The prime benefit of this organization of the two
branches of the federal legislature, seems to be, to
furnish a corrective, should the Senate, which is
more Aristocratic in its compositien,—trample on
the liberties of the people. No act of such ten¬
dency could be passed but with the concurrence of
the House, which consisted of the people them¬
selves, by a certain number of agents in whom
they had reposed the trustof political guardianship.
But the Senator from Limestone will accept no-
'thing, short of the sovereignty of the State in the
popular branch of Congress; in order, as he con¬
tends, that the State shall move with undivided
force, and, as a natural attribute of sovereignty,
that she may rise above what is written, thereby
substituting the whims and fancies of the domi¬
nant party, for the constitution. When I wish to
ascertain the limits of the federal government and
the rights of the States, I look to the constitution
of the United States. In the grants of power there¬
in enumerated, I find how far the general govern¬
ment may go, and what subjects may be covered
by its legislative, judicial and executive depart¬
ments. Its power is wholly derivative; it is the
.common agent of the States by whom it was cre¬
ated, and who defined and limited its authority.—
So long as it moves in the sphere precribed to it in
the constitution, which is the measure of its pow¬
ers, it is independent and recognises no dictation;
but when it transcends those limits, there is a duty
resulting.to the States, of the same nature as that
belonging to a principal in rclatjon to the power of
attorney which has been violated by his agent.—
What that specific course is or ought to be, I leave
to be settled by those political sticklers, who arc
fond of magnificent theories of State sovereignty,
but whose resources fail them in their application
to emergencies. I am prepared to admit that the
entire mass of powers which belong to indepen¬
dent governments, except such specific grants as
the States have furnished, jointly and severally, to
the general government, for external purposes and
domestic regulations,—belong, in the most extend¬
ed sense, to the several States of this confederacy.
This position docs not deny the qualification I think
Accessary to make, that in the face of these reserv¬
ed rights or powers,, they do not amount to such a
perfect standard of sovereignty, as without which,
the Senator from Lowndes has affirmed, there is no
law-making power. According to his definition of
sovereignty, it is a unit, and cannot be represented
except by a unit; that sovereignty admits of no re¬
striction and that it puts forth its true quality, un¬
shackled, and unlimited. I beg leave to read to
the Senate a few prohibitions which I find in the
constitution, that raise a rational presumption at
least, that many of the essentials of complete sove¬
reignty, have been surrendered by the States. At
section 10, of article 2, will bo found something like
the following:
No State shall,
1. Enter into any treat)', alliance or confedera¬
tion:
2. Grant letters of marque and reprisal:
3. Coin money:
4. Emit bills of credit:
5. Make apy thing ,but gold and silver coin <a
tender in payment of debts:
6. Pass any bill of attainder or expost facto law,
or law impairing the obligation of contracts:
7. Or grant any title of nobility:
8. Without the consent of the Congress, lay any
imposts or duties on imports or exports, except
what may be absolutely necessary for executing its
inspection laws; and the neat produce of all duties
and imposts, laid by any State on imports or ex¬
ports, shall be for the use of the treasury of the Uni¬
ted States, and all such laws shall be subject to tho
revision and control of the Congress.
9. Without the consent of Congress, lay any du¬
ty of tonage, keep troops, or ships of war in time of
peace:
10. Ei^ter into any agreement or compact .with
another State, or with a foreign power:
11. Or engage in war, unless actually invaded,
or in such imminent danger as will not admit of
delay.
If the foregoing restrictions d,o not curtail
the powers of sovereignty", and make the
"unit" appear of secondary magnitude, I am
unable to comprehend the meaning of terms.
Is he a State rights man who says the States
are not restricted ? A true State rights man
is one who claims no more for the States than
is reserved to them, and denies to the federal
government nothing that is granted. Each
party to the constitution moves in its appro¬
priate sphere; there is no necessity for colli¬
sion—wheel works within wheel and cycle
within cycle. Such I conceive to be the ju¬
dicious frariiework of our federal system, and
whatever promotes the harmony of the parts,
adds strength and prosperity to the whole.
But a formidable objection has been brought
np, by the Senator from Limestone, against
the district system, because it might, by pos¬
sibility, in the progress of events, throw pow¬
er in the hands ol Representatives wh.o
would outrage all sobriety and patriotism, by
giving the vote of the Slate to a candidate
for the Presidency, who would s,tgn the char¬
ter of a national bank ! This is indeed quite
a blast, so keen and cold as to impede the
breath while we chase democratic phantoms.
The contingency for which thesenator wish¬
ed to provide—the election of President by
the House of Representatives,—will never
happen, as long as this Union endures, if the
people take sides in the contest as they did
when the illustrious and immortal Van Bar¬
ren, was racing against a gentleman of Ohio,
who will in a few weeks undertake the duties
of the office, which his competitor, in respect
to public opinion, relinquished, because he
could hold it no longer! All the office holdr
era who rendered themselves particular fa-
voiit"; of Mr. Van Burcn. by doing his will,
26
and thereby all the mischief in their power, popular rights of the people in the other branefs
will magnauimously vacate their offices in it is at once a conclusive proof that sover-
due time thereafter. It is indeed very inap-'eignty in the latter was never contemplated
propriale, so early after their fatal overthrow, or desired by the iiamers of the federal con-
for the democratic parly to speak of elections slitution. To adjust the action of govern-
of President by any otuer political body, but ment so that the extreme of consolidation
the great body of freemen themselves. Sir, shall be avoided on the one hand, and fac-
there is a wider field, a more exalted subject lious tuisrnle on the other, it lias been wise-
held out to the view of the statesman, than ly contrived that the States shall move in their
mere President making and office-seeking,'several orbits, and, unlike the solar system,
with which the mini and thoughts oi the afford light and vigor to the centre, instead of
Senator have been so long and intensely as-,receiving it from thence. This relation ex-
sociated, that he seems to have lost all idea ists, intrinsically, in the Senate of the United
of any thing else. For these, which his par-. States ; and it is the only branch of thefeder-
ty denominates the spoils of victory, he isjal machinery in which tl.e constitution ad-
whetting his appetite, and trying to satisfy,mits the exercise of State sovereignly. Gen-
that of his voracious brethren with something tlcmen may declaim about the sovereignty of
more tangible than paper-work; for the bill is the Staie being vested in representatives
one tiaing and its rewards another. Toward chosen by the people,—that to confer ?<wer-
the first he has contributed his toils, and in eignty the people of the who!° r,'ate must
securing the latter he has done all that party act collectively ; that without tiie presence of
violence and ingenuity could exact oraccom- sov
p'.ish. He is the Ma rnus Anollo on tin; floor,
of the general ticket bill. Ifr, i; rivals here
well may they hide in his sh ' ■> v and peep
forth under his lead. In their presence, I
am not free to allude to their respective abil¬
ities—th^ master spirit, in the battle, when
the field is cleared for action, is a volunteer,
wholaying aside the robes ofdignifi d office
fights in the line, and acquits himself with
credit.
Much stress has been laid on the possibil¬
ity that the vote of Alabama, might, at some
future time, when the people fail to elect a
th? representatives, they are
inadequate iM task of makinglavvs. Now,
this is all very specious in debate, and il fig¬
ures well to the ear in sound, and to the eye on
paper ; but when the analysis of reason takes
iiold of it, and runs its searching process
through the mass of tinsel by which it is fur¬
bished, it will be seen that this doctrine is so
palpably monstrous in its results, that the
legislature of which this Senate forms a part,
has no sovereignty, because it members were
not elected by the people in the aggregate.
You cannot so bruise the question of sover¬
eignty, by the hammer of logic, as to expand
President, be given to a man whose ideas of it over Congress, in the popular branch, and
government may not altogether accord with roll it up, as an awful mystery, over the heads
those of gentleman who have been so placid [of your own 1 gislature—that supreme law-
as to style themselves democrats! the pure,imnking nuthoiitv which you so eagerly ad-
the double-refined anti-bank democracy ! Are|mit, while it is made up of a hetrogeneous
gentlemen so limited in their conceptions ofjrepresentation from forty-nine counties,"and!
political service, as to believe that President thirty-three Senatorial districts. Here is the1
making is the leading theme at all times?\iinit of sovereignty, with a vengeance, made
Wh at shall become of all the varied interestsmp of materials bundled together from counties
of this great people——thi s broad and limitlessjand districts, upwards c! four score! The
extent of country, stretching from every r ""nt
of the compass? These to be overlooked in
the race for President;, whose chief occupa¬
tion, like that of th 1 present incumbent, sha
peopi
did not, in their11 aggregate capacity,"
elect the thirty-three Senators on this floor,
or the one hundred representatives in the
other end of the capitol? And yet, accord-
be to distribute offices to the most servile of,ing to the position of the gentleman from
his flatterers and supporters? those who will
freely abuse their truststoadvance his power?
Sir, th°re is a broad and magnificent prospect
Opened to the view of the statesman, the pa¬
triot and the philanthropist, in the future des¬
tiny of this growing an I gigantic Union.
Turn your eyes for an instant upon the mil¬
lions and tens of millions for whose happiness
Jaws are to he provided, and whose interests,
hopes and fears a"1 identical with your gov¬
ernment. The division made by the consti¬
tution, or the States to be personated in the
national legislature, by ihe Senate, and (he
Lowndes (Mr. Cottrell) there can be no sov¬
ereignty except when the people of the whole
Slate unite, as a mass, in its grant; and that
where there is no sovereignty, there is no
power to make laws. Thus you find your¬
self, Mr. Pre-idem by your own system of
reasoning, in the daiiy usurpation of power
which does not belong to you, nor to this Se¬
nate. You sign bills, as the constitutional
organ of this body, which by that very act, in
conjunction with two other signatures^ are
perfected into laws, which control the lives,
property and reputation of your fellow-citi-
fcens. And arc you Sir, elected and sent hen
by the people of the whole ? Or, rather an
you not the honored servant of a single coun
ty, and, as you justly boast, received not;
single vote but from citizens of that county '
What stripe or hue of sovereignty do yoi
bring into thisstrangeclusteroflegisiators,\vhc
l)y the mere operation of out political sy stern,a«
you contend, are eo instanti moulded into a u-
nit, which is sovereignty itself in the only form
hat constitutes laws valid ? You maintain
that sovereignty is a unit, and is indivisible.
Let us examine your proposition. You eith¬
er possess the whole vesture of sovereignty,
or you have not a particle of it. If the first,
you receive it from a Senatorial district, com¬
posed of one county ; which is less than the
whole, or l-49lh part of the State, and your
constituents, perhaps, are in about the same
ratio to the whole people of the State. What¬
ever sovereignty, then, attaches to yourcom-
rnission as Senator, is thus derived. You
cannot add to it one jot or tittle, by any sort
of political union with other Senators, in the
same attitude; nor do they, individually, wield
a hairs-breadth or grain of sovereignty mor
tfyan yourself. Sir, where is your boasted
argument of sovereignty, built on the will of
the entire people of the State, which you in¬
sist is the only basis and source of sovereign¬
ty ? You zealously contend that a represen¬
tative cannot represent any comrnunitv or
people but those by whom he is elected. Tli
people of one county elected you, and theii
credentials gave you a- seat in this chamber:
therefore you are but the representative (o>
Senator, which is'tantamount) of the people
of that county. Such a fraction of the voters
of Alabama, had no sovereignty to grant, or
they had a portion—but your position is, they
must have it complete, or none at all. Not
having it in perfection, on account of their
number, they could not give you a full suit of
harness, and you reject all patch-work in sov¬
ereignty ; therefore sir, it is demonstrated be¬
yond a quibble, that you came h°re without
a vestige of sovereignty, according to your
own text, and that you have acquired none
since, because you are not in the service, nor
do you represent, any people but those by
whom you were elected. It cannot be that
the sovereignty of thejState, which is person¬
ated by the legislature, is made up of a frag¬
ment here; a block there, and a pillar else¬
where. You, then, not being clothed with
sovereignty, & unable to coalesce with others
to acquire sovereignty, in your official char¬
acter, it is a matter of astonishment how you
reconcile it with your sense Y ' to wield
the sword of sovereignty, by iii...wtig laws,
which th° people of the whole State never
placed in your grasp ?
So much for the constitutionality of the
1-M
:/
ejquestion. In their efforts to stir up public
; opinion, and alarm the good people of this
- State, on a subject not even remotely involv-
i ing me integrity of the constitution, butwhich
?iis altogether of a party character;—gentle-
i men have not deemed it incompatible with
i the gravity of legislation, to invoke extrane-
Joes and foreign topics, the more effectually
|to cloak their ultimate designs. I will not
trouble the Senate with multiplied illustra¬
tions to prove, that Alabama is entirely free
land untramelled on the question to which the
bill relates. There is nothing in her own, or
|the federal, constitution which restricts the
I exercise of her amplest discretion on the sub¬
ject; but the right 10 inteifere tvith the regu¬
lations of Alabama, as to the mode of electing
representatives to Congress, is granted to the
general government. This delegated pow¬
er is merely passive, until Congress shall
have good reason, from the conduct of the
State, to interpose its authority. For in¬
stance, suppose the State, in a moment of ex¬
citement, should repeal the laws for the elec¬
tion of Representatives to Congress? and
suppose the other states were to do so likewise?
the wheels of government would be motion¬
less, but for the very power conveyed. Then,
for its own protection, and the performance
of those duties which it owes at home and
abroad, the general government would feel
bound to take the matter in its own hands.
Such a resort has, never yet been necessary;
Alabama at least, has not omitted to furnish
Vr quota of representation in the national
legislature. The State has unquestionably
the power to prescribe either the district or
general ticket system of representation to
Congress; and the attempt by the advocates
of the bill to throw dust in the eyes of the
people, by a gratuitous and unsustained ap¬
peal to the constitution; by the ghosts of State
sovereignty which they have conjured up, on
an issue in which that attribute is not the
least concerned,—and to send them forth to
terrify the wavering: is the best evidence that
they waik on slippery ground, and catch at
every shrub or shadow in their reach, to
maintain their foothold.
Mr. President—men have at all times found it
necessary and useful to consult the opinions and 16
acquiesce in the examples of great and good men,
who have been distinguished for their abilities,
knowledge and virtue. This practice obtains
equally in the halls of legislation; in the field of
science and m -rata ; in the professions of law and
theology, and in every pursuit in which men aro
engaged, for the promotion of their happinessi .1
have said this much by way of introduction to cer¬
tain Stateg and statesmen who have shone as
bright luminaries, in the political hemisphere. Be-
hold Virginia—Lhe birth-place and sepulchre ofi
Washington, of Jefferson, of Henry, of Madison,
of Monroe, of Richard Henry Lee, of Marshall,
and a host of illustrious sons, who have conferred
honor and happiness on their species! What says
Virginia on State sovereignty?' Hovy docs she
vote for representatives to Congress ? Is she, the
great model of state rights,' as proclaimed by her
celebrated report and resolutions in 1798-99, which
gentlemen on this floor profess to cherish with rev¬
erence,—is she,-—the proud and chivalrous " Old
Dominion," so inattentive and purblind to her
great constitutional rights, as to continue a system
fraiught with such degradation and mischief as
the democratic party of Alabama have all at once
discovered the district system inflicts upon the
people,, the dear people, the sovereign people I
of the State. Believe ms, sir, this doctrine which
fs here promulgated with so much vehemence, that
the district system: is unconstitutional and incom¬
patible with the sovereignty' of the States, is wholly
new, and was never advanced by the immortal
champions of state rights. Mr. Jefferson, who was
justly regarded as the distinguished head of the Re¬
publican and State Rights party, closed a long and
eventful life of public service, in the progress of
which he had written volumes 011 the character
bf our political system, and in a very especial and
comprehensive manner, asserted the right s of the
States and their inherent sovereignty,—without
knowing as much about the frame-work of our
government as the democratic supporters of the
bill have condescended to inform us ! The brilliant
and triumphant career of Mr. Jefferson as a philo¬
sopher, statesman and friend of man, in which he
ransacked every form and principle of government,
l'roui the remotest ages of antiquity down to his
period ; even that splendid career, marked by the
combined wisdom of ancient and modern times,
and by iniimate personal association with the fa¬
thers of our Republic and of the constitution ; and
himself the renowned author of the Declaration of
Independence—such a career and such a man
passed from the world, without having made the
discovery of state rights, with which ou^ ears have
been comforted on this floor! Hallowed shade of
the gpcat " Apostle of Liberty!" Could'st thou
but know in what Syberian darkness thou hadst
left thy countrymen^ as to their political relations,
how wouldst thou rejoice at the bright and spark¬
ling meteors, which have for the first time since
men lived together in social communities, shot
across the world, to dazzle it by their splendour!
.Sir, the mighty dead have left no record that any
master intellect evor fathomed the depths of poli¬
tical science, to the extent that Senators on this
floor have assured lis they have, in the perfections'
of this bill. The Pinckncys, the Lowndes, the
Hayncs, the McDufEcs, the Prestons and Cal.
houns, of the gallant Palmetto State, have remain¬
ed in utter darkness on this subject. Their minds
were never irradiated by the glorious light which
has flashed upon the profound science of govern¬
ment, from the advocates of this bill.
It is a solecism to maintain that because a repre¬
sentative is elected by a particular district,be is not'
the representative of the State. Are you notsir, at
this very moment, legislating for the people of
the whole State ? Do you not participate in the
enactment of laws to govern the whole people?
From whende did you derive authority to do this,
if not from the people of your county ? So in re¬
gard to representatives in Congress. They have
no connection with the sovereignty of the State-—
they can have none ;—they are the immediate re-
prepentatives and agents of the people of the State;
and whether they are jointly or severally elected,
by more or less voters, they are authorised to speak
in the name of the people. If they are elected by'
different parts of the State, defined by law, they
are still the representatives. But as an act qf
justice to the Senator from Lowndes, I coAfess
that he suggested a train of thought which involv¬
ed the district system in difficulty, yet when I
looked at the constitution, my doubts and misgiv¬
ings were entirely removed. The political pro."
plem which had been fashioned with so much in¬
genuity, by that Senator, and which, for an instant
awoke distrust in my own mind., and seemed to*
create a strong impression on others, was on the
question of pure sovereignty in the States, and the
imperative necessity, as it was urged, of that sov¬
ereignty acting entire and unbroken, so as to main,
tairi the quality of a " unit." The idea was
plausible enough, and was quite welcome to my
reflections ; for if there be any side on which my
prepesassions are enlisted, in our federatvie system,,
it is on the side of the States, to whom I desire that
every power should belong for their own preserva¬
tion, against the encroachments of the general
government. It did appear quite agreeble to hear
a process of reasoning, in defence of State sover-
cigntv, which tended to establish the attribute in
all its fullness and entirety,as a mathematical 'unit.'
Without denying the competency of the State to
make what laws she pleases, within the range of
her qualified sovereignty, I must take occasion
to dissent from the position of the Senator from
Lowndes, that nothing short of absolute and un¬
mixed soveignty can exorcise, effectually the law¬
making power. If the view taken by the Senator
were legimate, no State in the Union would have
power to perfect a statute, or create those tribu¬
nals and offices necessary to the administration of
laws. I have conceded the fact that the States
entered into the national compact in their high
Sovereign character; but I do not subscribe to the
doctrine that after becoming parties to that com¬
pact, by which I mean the constitution of the U.
States, they retained the full measure of sovereign¬
ty by which they formed a common government,
■yvhose utility depended on mauy of the grants which
none but sovereigns could bestow, and which, to
the extent of those grants, divested the States of
the quality of irresponsible sovereigns. This you
find clearly illustrated in the surrender or restric¬
tions specified in the 10th section of the 2d article
of the federal constitution, to which I have alrea¬
dy referred, I consider that original and perfect
sovereignty cannot exist in a government or State
which has yielded up the power, 1st, to make
treaties. A sovereign, under no restraint, has the
light to enter into treaties, alliances, or confeder¬
ations. The States are forbid doing either of
these. No sovereign deserves the name that has
Pot the power, 2dly, to commission its citizens, in
time of war, to capture the property of its enemies
on the high seas, to obtain indemnity for wrongs
done. This the States dare not do, consistent
with their fidelity to the constitution. Who will
claim sovereignty for a State that has deprived her¬
self, by express grant, 3dly, of the power to coin
money ? Sovereign governments have the ad¬
mitted and unquestionable right to work up their
precious metals into coin, and thereby furnish a
circulating medium; but this no State of the Union
has the power to do. In the same vein of deduc¬
tion I might carry out the half score of grants
"which have made quite a breach in that " unit" of
sovereignty, which has been held up in such flam¬
ing colors, before the eyes of the Senate.
Having disposed of the important question of
sovereignty, so far as it applies to the bill before
you; and having paid careful and somewhat pro¬
tracted attention to the arguments of the Senator
from Lowndes, by which he ably contended that
the objects of the bill were identical with the sov¬
ereignty of the States,—I shall present in conclu¬
sion, a more general view of the issue which has
been tendered by the majority, which having two
sides in fact, is so managed that but one has the
least consideration shown it by that majority. I am
:rcady to confess that if the task of President-mak¬
ing were all that the representatives of Alabama
had to perform in Congress, then it might be pro¬
per enough to securo such an expression of the
will of a majority of the people as to execute their
obninr. fnr the chief man-istracv. Even in thai
limited sphere of our representatives, it would noS
be indispensable that the general ticket system1
should be called in, for the obvious reason that the'
preference of a majority of the people is always
made known anterior to the contingency by which
the election devolves on the House of Represen¬
tatives. If the candidate for whom a majority of
the people of the State voted' at the Presidential
election, shall be returned before the Representa¬
tives of the people, it will certainly be the duty and
pleasure of each State representation, to cast the
vote of the State Conformably to the expressed will
of their constituents, or a majority of the people.
This course would be imperative, and would, in no
instance, I apprehend, be declined. But there are
other objects to be accomplished by our federal sys¬
tem of representation. The vast scope which the
national legislature, in fulfilment of its duties, has
to embrace, is almost unlimited; and directs the
mind of the patriot and statesman to something
more elevated and ennobling than the aggrandize¬
ment of party candidates, who will make of the
federal Executive, an instrument to reward fa¬
vorites apd punish those in a different relation.
However strongly attached Senators may feel to'
a man who would thus prostitute the first office in!
the Republic,—a very large majority of the people'
of the United States have shown within a few
weeks,- how little sympathy they feel in behalf of
such a candidate.
There is another aspect in which I venture to
present this question. It is well known that the
people of North Alabama are severed from those
of the Southern part, by a diversity of interests and
employments. They have different markets and
different investments, New Orleans is the great
outlet of the North, while the only seaport of the
South, Mobile, is not patronized by them, and its
prosperity as little regarded by the people in the
Tennessee Valley, as if it were a foreign city,
which it might as well be to all intents and pur¬
poses, for the benefit it derives from that quarter.
A change of climate, or other influence, will pro¬
duce a division of labor in the same State. In one
section, the agricultural interest prevails, and in
another, the manufacturing. Is it not right to have
representatives in Congress especially charged with
the supervision of each interest ? In the northern
quarter of this State, there are bagging factories
and hemp fields, the profits on which would be
enhanced by a protective tariff, which should cut
off the importation of the foreign article, and there¬
by open the market solely to the home manufac¬
ture and trade. The people of the southern por¬
tion of the same State,'cultivate a different staple
which they export from their own market, and re-
Ccivc for it, in the most part, foreign fabrics, whose
cost is greatly increased by the system of duties
which is found beneficial to the home manufactu¬
rer, augmenting his price to a level with the for¬
eign article, on which a high tax is paid, ahd which
is reimbursed by the additional charg vn" the con-
sumer. Thus you sec the possibility of collision
at home—of those deadly feuds and jealousies
which sometimes rend brethren of the same State.
■South Carolina was a memorable case in point
several years ago, and I earnestly hope that no
cause may exist to place the people of Alabamu in
the same attitude toward each other. Sir, I would
feign indulge the dream—the pleasing vision that
a subject so well calculated to lead to this unhappy
result, among ourselves, as the success of the bill
now under discussion, may not be pressed. Should
it ever be my fortune to act with the majority in
the State, I would scorn to exercise a power in
derogation of the rights of the community. In
casting around mo for the motives by which this
proposition is sustained and likely to bo engrafted
upon your statute-book, I ask myself, can there
be a spirit of revenge that has to be wreaked on the
minority ? Gladly would I persuade myself that
there is no ground for the suspicion. I have heard
of a man who had gone abroad in the world and
had been offended and buffeted by others, who on
his return home, beat his wife : the latter in a spir¬
it of passion and revenge naturally fell aboard of
some luckless urchin, who in his turn beat the dog,
while he gave as a reason that da 1 '7 beat mam¬
my—mammy beat me and I beat the dog ! While
I suggest the comparison, I yet hope that no Wa¬
terloo defeat or Presidential buffetting has influenc¬
ed the majority to adopt this principle of punish¬
ment on their opponents. This same prescriptive
party boast of their excessive love of majorities and
make it the pretext for the work of destruction they
aim to perpetuate on their Whig adversaries. Sir,
it is the weak for whom the constitution has
wrought a panoply of protection ; the strong and
powerful are at all times and in every country able
to take care of themselves. Minorities are some¬
times called factions, which is a convertible term
for fractions. Now, if there be on the wide face
.of-the earth, a broken 'party—one that has dissolv¬
ed down to a. fraction, without any he; - restor¬
ation, that is the party of Wrtin Van Buren, taken
in its general plight. In Alabama that party yet
rules with a red of iron. Absolute and selfish in
the disposition of office and rewards, it seeks by
every expedient which it can devise, to perpetuate
its existence for the benefit of its own m embers,
though it has to trample under foot every right and
security which others may claim. The bill before
you is the entering wedge to that stupendous sys*-
tcm which the majority aim to carry out' in the
government of the State, by which they alone shall
wield its power and share its patronage. This
seems to be the end and design of their legislation,,
at least so far as this bill is concerned.
Mr. President—I had intended to give a silent
vote on this important question, knowing that any
efforts of the minority in the Senate, would be vain-
in opposition to this favorite and magnificent
scheme of the majority, ushered into light as I
have had occasion to represent in the course of my
remarks. But I felt a sense of duty to my constit¬
uents who might require something more at my
hands, and hence it is that I have asked the in¬
dulgence of the Senate, on which I shall trespass'
no longer, than to say, that however much I may
revolt at the democratic pill which is already made
up, and which the doctors and sages of that faith
declare the minority shall swallow, I am as'
well prepared now as I ever shall be,, to sit and
take the nauseous nostrum.
[Note by the Reporter.—The foregoing speech--
of Mr. Thornton was delivered i n the morning ses--
sion. After the Senate had taken a recess for din¬
ner, and had again met, Mr. Thornton took occa¬
sion to explain, that he did not intend to charge the
people of the northern part of the State with any
design to encroach upon their brethren of the south.
He should feel sorry if he was so understood in an
argument on the main question to which the his¬
torical reference was applicable in no offensive
light. This explanation he thought proper to make-
on the suggestion of a friend of his from North
Alabama, who complained of a portion of liis re¬
marks on that quarter of the State in which he
himself bad long resided, and whose citizens Mr.
Thornton highly respected, among whom he had
the pleasure to boast of many warm and valued
personal friends.]
31
REMARKS OF MR. LEA,
On the General Ticket Bill.—In Senate,
Saturday Dec. 19.
Mr. President—from what I have witnessed in
this discussion, it is plainly discovered that the
■Senate is treading on the practice of Congress, of
saying any and every thing. Notwithstanding the
district sj'stcm. This is indeed, a forced and uru
natural conclusion, and vanishes at the first glimpse
of the instrument they pretend to quote. We
maintain that in the atsmcc of restrictions by
Congress as to the mode and manner of electing
representatives, the State has a free discretion over
the subject, and may adopt, cither the district or
general ticket system, as best suits the people.
There is no ground of controversy on this question*
Before wc came to this place, we had heard sug¬
gestions that the districts would be altered at the
mass &. variety of irrelevant subjects that have been
introduced here, on the question now pending, I P^ent session of the legislature ; but we were not
am determined, so far as I am able, to put the is¬
sue on the true ground. My object is not to con¬
sume the time of the Senate in profitless discussion,
prepared for this extensive sweep—this ferocious-
war of a temporary majority, who seem to keep out
of the way of the public will, and only strive among
but 10 bring before it a few points which merit a '
th'-mselvcs to keep the minority forever down.
passing notice.
The democratic party now have two Senators and
The friends of the bill insist that they are thejthrce representatives in Congress. Their bare
true state rights men, and that their only aim in maJoritJ of votes ,s not equal to half the ratio of
pressing it, is to obtain the benefit of the Btate the voters to one representative ; and yet with their
rights doctrine. They disown the opponents of fil'° democratic members to Congr.ee (hey are not
the bill as kindred spirits of that faith, and set|can.lent» bul rais0 11,0 ™ir-whoop agal"st ,he ml*
them down as passive and obedient under encroach. nor'ty on ,be sma^ frac..on of less than half the
ments on state sovereignty. To prove how deeply constiu. _ 3 of a district leprcsentative ! Lere is
versed they consider themselves in knotty political equality with a vengeance a fair division of power!
questions, they have taken much pains to declare Such a division as the Lion made with the Fox,
that the present mode of electing memb ess to Con. ovcr body of the blag, when his imperial beast
gress, by districts, is unconstitutional. This is an RMp, alter ordering his iccble companion to divide
the prey into two equal parts, told him, that one
original idea, reserved for the occasion, and put
forth with much emphasis and solemnity. I in.
quire of the advocates of the bill, if they do not
profess a measure they cannot stand up to ? They
tell us that the body of the people should be repre.
eented. That position no one controverts. They
further tell us that the majority shall govern. This,
no one denies. But then wc are gravely informed
that because under the district system there is a
local representation, we fail to embody the will of
the people of the State, which is necessary to ena
blc the representatives to be in fact what their
commissions purport—Representatives of the
State and not of districts. Wc are also reminded
that according to the present plan, the lesser num¬
ber are likely to rule the greater, and that the
Whig minority of the State, would, in all human
probability, elect three representatives to Congress,
while the Democratic majority could elect but two.
This they say is anti-republican and anti-state-
rights. Now, we desire to respect the power of
the majority, and to preserve that balance of repre¬
sentation which shall include the body of the peo¬
ple and local interests together. This is effectual¬
ly done by the districts.
nibble, with which Reynard contented himself,
showed his proper and courtly behaviour. Sir,
wc have but a nibble indeed of the Congressional
representation from this State, as I have already
shewn, and for claiming that as a right, we are to
share the fate which the royal beast visited on an¬
other character in the fable.
The constitution of the United States limits us
to the number of representatives in Congress, but
does not res*' :et the manner of electing them; that
is left entirely to the State authorities. Therefore,
the long and elaborate arguments to which we
have listened on this floor, to prove that Alabama
does not fulfil her obligations to herself and to the
Union, arc, in my judgement, wide of the true'
question.
Intending to say but little, after the patience of
the Senate has been so heavily taxed in this discus¬
sion, I beg leave to address a word to the majority,,
not on the principle of the measure, for that would
be wholly unavailing, but its policy. I will say to:
them, it is possible (for events more unlikely have
happened) that the popular will, in this State, may-
change, and that the general ticket system may
Among the curious principles drawn out in favor jprove a besom of destruction to the democrati®
of the bill, is that of the unconstitutionality of the party. If would occur to an impartial mind as
tmorc prudent in the majority to retain the decided
advantages they now have, over their opponents,
in five out of the seven members of Congress, than
to hazard all by a bold., adventurous step, like that
Inow taken. But it is not for me to counsel: of course
my position renders my notes of warning as idle
jbreath; yet it is not confiding too much on the
unknown future, to say that I may live to see the
now dominant party in this State, humbled in sack¬
cloth and in ashes, and imploring that liberality
iand justice which they now refuse to others.
An extraordinary fact-has been developed by the
majority—that all the great interests of the State ;
the welfare of her institutions ; the hopes of poster¬
ity, and even the demands of justice itself—all, all
are sacrificed and slurred over in the great strug¬
gle of President-making 1 This question seems to
hover, like the spirit of democracy, over every sub¬
ject that can be introduced in the halls of legis¬
lation! Sir, I am equally overwhelmed with sur¬
prise and regret, that the majority, who manage
every thing in their own way and for their own
benefit, should thus devote their energies to so
profitless and shadowy an enterprise. But the
limits I have prescribed to myself, will not suffer
me to say more. The bill has been amply discus¬
sed, yet the objections to it have not all been ex¬
hausted. I know the power is here to pass the bill,
and I also know the determination of the majority
ito pass it. Gentlemen have the whole matter in
their own hands, and will carry out the opinions
they seem to entertain, that the minority have no
rights. Be it so—I have done here, but I shall
reserve to myself the right to proclaim my views
Elsewhere, and before an impartial tribunal.
REMARKS OF Mr. TERRY,
In support of the General Ticket Bill.—In Senate^
Saturday, Dec. 19, 1840.
After Mr. Lea had concluded,
Mr. TERRY rose and said—On this question I
desire no collateral or false issues. The Senator
from Perry (Mr. Lea,) has referred to the practice
of Congress, of mixing in their debates subjects,
parties and facts totally disconnected with the
matter under consideration. I confess that much
latitude has been indulged here, in this discussion.
But who caused it to take so wide a range ? Did
any member of the majority give it such direction?
I desire to place the responsibility of this part of
the discussion, at least on the right shoulders.
Sir, the gentleman from Marengo (Mr. Alston,)
was the first to overstep the usual limits. He
made free with Tammany Hall, and the caucus¬
es, which he said were held there, to dictate this
very measure with which we are now occupied-
Then it was, and not till then, that I referred to
the nomination at Harrisburg, and to the Whig
Convention which has been called to assemble in
this city in a few days,
I am not aware that I made any declaration
that the district system was unconstitutional. I
said the act was so, compelling a candidate or
member to reside in a particular district. In Vir¬
ginia, where they elect by districts, it is frequent¬
ly the case that members of Congress reside out of
the districts for which they are elected. On this
subject I have stated the opinion of Judge Hopkins,
which is entitled to very great respect from his
high character as a jurist. I ask what kind of jus¬
tice is there in the scale of parties as it will likely
stand at the next election ? Three-fifths of the
representation of the State will be in Whig hands,
while a large majority of voters arc democrats.
The object of the bill is to prevent this inequality.
The Senator Srom Greene, (Mr. Thornton) had
made a warm appeal to Southern members, and
said much to excite jealousy and ill-feeling between
the two sections of the State. He went so far as
to call the people of North Alabama, Goths! [Mr.
Thornton here rose, and by leave, explained, that
the use of that term was not descriptive of the
people in the Northern part of the State. The
balance of power which the bill would give the
North, had reminded him of a passage in history
where the Goths of the North had overrun the
South. He intended nothing further, and would
be the lact to cn: t reflections on (he people of tha,t
or any other quarter of the State.] Let that mat-
ter pass. I call upon the democrats of the south
to come up to this law.
It has been said by gentlemen opposed to the bill,-
that the majority are wholly engrossed with Presi
dent-making. Even if this were so, it is no small
matter. Much of good or evil depends upon the
choice of President. On this, however, I will not
dwell. We are informed, by the Senator from
Greene, that the essence of true democracy would
be, to assemble the whole people of the State in one
body, and in this form, learn and obey their will.
I admit that would be truly republican; but it can¬
not be done. The bill proposes to come nearest
that mode of ascertaining the will of the people ; it
provides that they shall vote in a mass, for repre¬
sentatives, only at different boxes for the sake of
general convenience. It has been urged against
the bill, that because the north has the greatest
number of voters, it would furnish all the represen¬
tatives, and that the scheme of a general ticket or¬
iginated in the north. So far as that portion of the
State is concerned, it had nothing to gain by this
system—it is already safe,, and has a large surplus
of democratic votes which they wish to tell at the
ballot-box, and not remain valueless.
The Senator from Greene suggested that the
bill originated from feelings of disappointment in
the late Prcsidental election, and on that supposi¬
tion he related the anecdote of a man that whipped
his wife—that she whipped the boy.'<Sb the boy whip-
ed the dog. Now, the only application I can make
of it, is, that the abolitionists are the man ; Gen.
Harrison, the old woman who get lashed into the
traces ; the democrats the boy, and the whigs of
this State, the dogs ! This is the only use I can
make of it, and it may go for what it is worth.
The general ticket system was brought forward
in the legislature of this1 State, two years ago.
A great deal has been said in this discussion
about party emblems, and a complete history of
them has been given by the Senator from Greene.
The retort of the Senator from Lowndes was so ef¬
fectual, that I have little to add ; but I will ask, is
there any analogy between a parcel of drunken
m'en, putting up a hickory pole, and that cool and
extensive parade of men who had condescended
to rally under hard cider, log cabins and coon
skins. As to the propriety of coons in the Whig
party, it is all well enough: there can be no loss to
find out who was the coon. \ es, sir, Gen. Harri¬
son himself was the coon, and there was a pretty
good resemblance between that animal and the ewr
doctor. 13ut as to log cabins, it was a device be¬
neath the dignity of auv party. It was a perfect
—ii i -.it, K IHnap' M llirthi rl in In;.1 y.i'iitqs.
Sir, it was a base fraud. Look at the bill that was
introduced in Congress, in favor of settlers on the
public land ? Who opposed it ? These very men
who profess now to be the exclusive friends of those
who live in log-cabins. I am thankful that
Alabama was not found in support of the log-
eabin candidate. I recollect when the votes from
the Southern counties were coming in, that gen¬
tlemen, now opposed to the bill, did not think it so
very bad ; but no sooner had the returns from the
northern counties demolished whiggery in this
State, than the proposition become most frightful
nd despotic ! I have before stated, what I now
repeat, that had the majority been against me, in
the late election, I would have introduced- the bill
from a sense of duty.
I understood the Senator from Greene, to say,
in tire outset of his remarks, that he was inclined
to say nothing against the bill on its passage, but
reserve his strength for his constituents. Well has
the Senator complied with his first inclination, for
although he has made a pretty and showy speech
on the occasion, and one pleasant to listen to, yet
I must be allowed to express my belief that he has
reserved his strength, as very little of it appeared
in his speech. After paying all the attention in
my power, I was at a loss to ascertain his posi¬
tions or doctrine, or to find the gism of his argu¬
ment. I know the distinguished abilities of that
gentleman; and give him a good case, and he could
make as powerful a showing as any man in the
State. But he has managed this question in a
manner very different, and much less ably, than
he would if he had been on the right side. It
was like a bad case in court, which after all the
ingenuity of counsel, would still fail. The Sena¬
tor talks about a pill that is ready for him, and
makes wry faces at it. We often see physicians
force pills down the throats of contrary patients,
and by that means save their lives. In a political
sense, this is the case with the Senator and his par¬
ty. It cannot but be expected that the Senator
will nauseate at good republican pills. He has
always >been on the wrong side in politics. He
tells us, that he supported the younger Adams and
received office under him, from which he was swept
by the long broom of reform. He got his deserts;
for while he was in office, enjoying its profits and
infiuence, he was a dead weight to the new admin,
istration of Gen Jackson, by opposing his principles.
If the Senator from Greene v.-as not a federalist, he
was monstrously tainted. The Whig party should
he- the last to complain of any apparent hardship.
Did they not endeavor to pass, a few years ago, in.
Congress, an unconstitutional law to prevent ofiL
rvrsof tlm government from speaking or writing a
>1
word on the political parties of the day ? I am injelected by C, D, and E districts. His residence.
favor of liberty of speech, and want none to be de¬
nied this privilege. I wish none to be intimidated
by threats,—free discussion should be extended to
all, and I wish the friends and opponents of the bill
to enjoy this constitutional right.
REMARKS ;OF MR BUFORD,
Sepatqr from Russell and Barbour, in opposition
to the General Ticket Bill, delivered in the Sen
q,te, Saturday, Dec. 19,1840.
After Mr Terry had concluded his remarks,
Mr BUFORD said—Aware, Mr President, of the
practice and potency of caucus legislation, I am
fully persuaded that no remarks I may 'have the
honor to offer the Senate, can have the effect to
.alter its settled will, or influence its action, in
reference tq the question now under discussion. I
hut too deeply feel this is not the place where the
majority discuss and settle important questions:
sir, is nothing: it is the exclusive support by, - and
the exclusive responsibility to a given constituen¬
cy, that makes the elected the exponent of their
peeuliar sentiments—the representative of their pe
culiar views and interests: as well say, the colo¬
nies were represented in the British parliament,
where they were only oppressed and plundered.
Gentlemen concede—the proviso concedes—the
principle of sectional representation; and sir, this
ends the controversy; for how can there be repre¬
sentation without exclusive choice? The argu¬
ment is exhausted, but force supervenes, and gen¬
tlemen pass the bill because they can, and because
they will.
To illustrate: suppose the State entitled to but
two members: under this bill, suppose it divided
into two sections—north and south: one embrac¬
ing say, the commercial, and the other, the agri¬
cultural interest. The north, say, is one vote
strongest. Candidates are selected, (from each
honorable Senators to be sure, have informed us... . . ... ,
.. - , ' , _ , , district if you choose) by whom selected? Why,
tqat this mil was not read in caucus, and i doubt1 71 ^
1 , , . „ sir, by the stronger party; and elected by the stron-
nqt, ocrrectiy, the constitutional rules, I suppose of ,, . ' , -T . 1
. . , „ . „ ger—the one-majority party- JNow, to whom are
reading, writing, perhaps too of discussion, were all f. , . : , . .
,. n, - , 1 they responsible and whom do they represent?—of
dispensed with,—while only the collar was fixedon: , , . , V. ,
. , ' ,7- 1 course the paramount interest. One section thus,
And gentlemen come now,prepared to dispense with'. , , ■ _ , . , .
.... , • .. , I m fact and effect, has two representatives, and the
thq constitution—with right and justice, and per-'^
petrate the outrage this bill contemplates. I ° ler' n()ne'
But, I said, the outrage consisted, also, in taking
Outrage I have termed it. It is so in two points
of view. First, in destroying the security of sec¬
tional interests: And secondly, in taking away the
rights of the minority.
I hold it, Mr President, a political axiom, that
every possible division of populated territory has its
peculiar and seperate interest. Divide the State,
for example, into any given number of large por-
away the rights of the minority. And, sir, what
property is more strongly vested? What right more
sacred—more near the freeman's heart, than that
shield, and safeguard of all property—the right of
representation?
In the true theory of government, representa¬
tion is but the substitution of agency for personal
tionsof territory, embracing equal population, and action.
each will be found to have, in some respect, an in¬
terest different from all the rest. And, sir, who
will affirm that this peculiar and separate interest
is not entitled (if practicable) to a separate and
In pure democracies, small communities, where
every citizen may meet, discuss, vote and act in
the business of legislation, who, sir, ever thought
the majority party might take this privilege from
distinct representation. But sir, it may be said,'the other, any more than they might take their
the proviso contemplates such separate reproeenta-'lands and houses? Suppose a fifty-five hundred
tion: That proviso, sir, is specious and deceptive:'and twenty majority, out of 62,462 voters, (our
"Provided, That the State be divided jnto dis- number) should take a fancy to attempt (for the
tricts, with a view that candidates may be selected public weal, of course,) this kind of innocent ap-
from each district." The selection may, or may propriation—of "concentrating" Whig lands and
not be so made. There is nothing in the bill tojhouses, think you sir, no vengeance ajid blood
render the result necessary, or certain. Then a-would follow?
gain, sir, would the candidate selected, (unless cho- But, sir, the community grow large, unwieldly,.
sen exclusively by the particular district,) be inj and must act through agents—ih.eir representa-
fact the representative of its peculiar interest, or ofitives. Have not both the majority and minority
other dominant interest elsewhere? Most clearly party, equal right of representation, in proportion
of the latter. It is but insult und mockery to say I to their relative numbers? Most clearly; for each
that the member from B district is the representa-|had tjxi light LU gU JJKlBUinfily, feliU Udcb the right
>)TtQ send his agent.
live of its peculiar interest, when nominated and)noji
Partisan rage may becloud the judgment—
grasping selfishness may lead astray, but these pro.
positions are too self-evident, not to be admitted
by the honest, in their better moments of calm re.
flection.
But, it is said, the majority ought to rule: grant¬
ed; but this bill, sir, has no relation to that proposi¬
tion. The question is, have the minority rights—
the right to be heard, to be represented: or ought
they not rather to be plundered and impaled, for
the devilish heresy, of being in the minority.
Since the world began, this spirit of greedy in.
tolerance has fathered every political iniquity
it dismembered Poland—erected the inquisition—
burnt the martyrs
I fear me, sir, there is something sadly wrong in
the tone of the times. It is not too much religion;
at'least not the religion of Christ; that is pure char,
ity, good will and fair dealing with all men—it
•knoweth no guile and intendeth no wrong. It may
be, sir, the spirit of a dark and austere asceticism
is loo much prevailing. A shrewd observer has
remarked, that asceticism and licentiousness al¬
ways co-exist, in equal intenseness. The Scottish
freebooters, sir, in their day, were distinguished for
observance of outward form; and when making
their forays, to levy blackmail in the low lands, it
was then, they ever crossed themselves, with a more
devout precision.
What have we seen here, sir? Have we not
seen one and the same session, in the spirit of su.
per-pharisaicalism, setting human passion to tune,
and prescribing the key, to which notes of indig
nation should rise—restraining natural liberty, sir,
even in regard to conduct abroad, so that chival¬
rous sentiment, that better germe to the stern oak
of national honojr, may find no soil here, and "cra¬
ven Alabamians," shall be spit upon, and become
a prey—-a by-word and a mockery among every
foreign people.
And, sir, (as in a spirit of self-compensation, i. e.
doing one outrage for every specious act) do we
not, at the same session, see the deliberate attempt,
by one set to force away rights, from another, mere¬
ly because the latter is too weak to defend them.
But, sir, it is objected that by the district sys.
tem the minority party may happen to have the
greater representation. Who, sir, pretends that
any human institution is free from evil? Which,
sir, is the greater evil, that the minority, once in a
thousand years, may possibly, have the greater re¬
presentation? or that they shall never have any?
Gentlemen urge that the whigs already have three
districts, and argue against the injustice of our
having the greater congressional representation.
What now, w, the number of congressjonal repi\
senlatives? Why, sir, s^ven—call them members*
Senators, what you will, still they count seven—
seven representatives. What the Whig proportion?
But three to four. And what, sir, the relative
strength of parties, among the people? Why, sir,
by the official returns of last election, there were
of democrats, 33,991; of Whigs, 28,471 votes; to¬
tal 62,462. Then, sir, democrats have one repre¬
sentative, to about every 8,000 voters, while Whigs
have but one to about every 9,000.
The gentleman from Limestone gives the case
of the bank question—says that Alabama's popular
majority is anti-bank, and yet a majority of her
members in the lower House, might misrepresent
that sentiment.
A monstrous evil to be sure. Suppose all the
people (in true democratic style) met in person, in
Congress, then, sir, while there might be 33,991
for pulling down and destroying, would there not
be 28,471 for conserving, and sustaining the cred.
it system? And, sir, would not that be a greater
proportionate influence, than our three agents to
four, divided as now in separate functions? And,
sir, notwithstanding my profound respect for the
opinions of the honorable Senator from Lowndes,
I must be permitted to say, that, "with the lights
now before me," neither mode of electing members
has in my opinion any relation or connexion what¬
ever with the subject of Slate Rights; except in¬
deed, in regard to the single matter, of whether
the State can choose the mode that suits her best.
And truly this seems a new sort of State rights
which consists in their negative.
The gentleman, by way of principal argument,
gave a concise and clear theory of State right prin¬
ciples—that theory, sir, is my creed—it was my.
first, and shall be my last political faith.
From these doctrines, the gentleman deduces,
as a corollary, his chief proposition, to wit: That
"the interest repiesented by members in Congress
is one and indivisible." This, sir, is the whole'
substratum of the gentleman's argument: the
warp (if a log cabin man may be allowed a home¬
ly figure)—the warp, sir, to the whole woof of the'
gentleman's forcible and eloquent remarks.
"The interest represented by the member in1
Congress is one and indivisible." This proposi¬
tion, lam free to confess, (though a mere fallacy)
has, for thinkers of the old State rights school, the
force of great plausibility, but indeed, sir, I must ■
apprehend, that to the gentleman's present .asso-•
ciates, it can be but as the sounding brass, and
tinkling cymbal—it is somewhat aside from their
former channels of thought. We said, the argu- 1
ment was plausible and forcible,—it is so. Yet—
(and we say it in all modegty)—yet, sir, it strikes
o
US that a very "plain tale" may put It down.
Suppose, sir, the federal constitution had been
bo framed, that the people of all the States should
meet in person, in Congress, and legislate (on con.
stitutional subjects.t directly for themselves, with,
out the intervention of representative agents.
In order to protect State individuality and sove.
reignty, suppose further, that they (tlie vlhole peo¬
ple) should vote, in two several places, on every
law before it could pass. In the Senate Chamber,
(for example) all the people of each State should
give but two votes, while in the other house, each
federal citizen should give hisseperate vote. Now,
sir, would such £ Constitution be less dem'ocratic?
It would be in the very spirit of democracy.
Would it make us more a consolidated govern¬
ment? Unquestionably not one whit more.
The relations of the States to each other, and to
their common government, would then be precise¬
ly what it now ist Well sir, would not sectional
interests then be repressnted, in that place I have
called "the other house!" Would not, sir, in the
language of the gentleman, "each petty locality,
each valley and each mountain"~~yea sir, and
each farm and fireside too, be there represented?
The gentleman contends that federal powers re¬
late not to local, but to indivisible State interests.
Are the matters of Muscle Shoals appropriations,
and Coosa canal questions, unity or local interests?
Do they not purely concern the latter? And have
not such like things been subjects of congressional
action? Is a mail route, by line of stages, through
South-Eastern Alabama, an indivisible, or local in¬
terest? Clearly the latter, unless it afreets the
Tennessee valley, equally with our Florida bor¬
ders.
And sir, is not that topic, with a thousand others,
clearly within the constitutional power of Con¬
gress? But, sir, the people go not in person, (ra¬
ther sending agents)—only, be it remembered—
only for convenience—(This proposition being ad¬
mitted, our conclusions must follow,—being deni¬
ed, the people will teach democratic leaders a more
loyal faith.) And, sir, if all went in person, who
will deny the right of each to represent, if you
please, his own farm—his own wife and children?
Now if right in personal legislation, it is right in le¬
gislation, by agency. Talk not to me sir, about the
selfishness—the danger of sectional feeling—of lo¬
cal representation: it is but the tyrants apology for
taking away the people's rights.
I apprehend, Mr President, the world is crude in
the science of legislation. Our inventions for the
security of civil liberty and private right, are as yet
but clumsy and bungling.
We have seen miracles of discovery in every
other department; but lately the ideaB of railways
and steam navigation astounded us;—every field
of science is enlarging its border; and sir, if the
now-growing spoils-and-force-principles do not, by
prevailing, cause retrogression, and bring again the
dark ages, who can affirm, that the day will not
come, when not only geographical sections, but
minorities, in that character, may have-t'heir pe¬
culiar and separate representation.
Understand nre, sir—like the Senator from'
Lowndes, I too am a nullificr-^-and therefore be¬
lieve in the inalienable right of every entity to pre¬
serve its own existence. And sir, did the people
of the States now legislate in Congress personally,
as I have supposed; if a minurity of a given State,
contemplated, through concert with other States,
treason, or destruction of any great, permanent,-
state interest, the majority party, "in the last re.
sort," according to my creed, would have the right
to make the minority stay at home, and that too1
by force, if need be. But sir, the case ihust be
equally strong, and the urgency equally great, now,'
to justify the majority party in depriving us of Re¬
presentation; in other words—in making the mi¬
nority-agents stay at home. But sir, what does
this bill contemplate? Is it only to make our agents
stay at liome? No, but worse still sir, it is to send
in their place, pseudo-agents, to misrepresent and
betray us.
Why sir, the same physical acts, under different
circumstances, are quite different things. In the
ocean I may thrust another from the plank: this is
but self preservation; but if done from mere wan¬
tonness, it becomes brutality and murder.
Where, sir, the wave, (or storm of our brewing,)
that threatens state existence? Ah! I know, sir,
that blind party can always hatch excuses—al¬
ways conjure up scarc-crows, tojustify its own vio¬
lence. But, sir, are we destructives, or plotting
treason? or meditating some wild experiment to
ruin the State? No sir, the minority is conserva¬
tive, and oppose innovation: We would adhere to'
old and tried usages, under which we have seen
and known that liberty was secure, and individual
and national prosperity was advancing, till we had
become a great people—the pride and envy of the
world.
I call upon democrats to answer me now, not as
partisans, but as common countrymen, friends, and
brothers, where find you the apology, for the wrong
you meditate?
But again, sir, the gentleman is in error in sup¬
posing the district system, imposes on members the
qualifications of residence within a particular
sectionuuuihcreiia honorable Senatiors of the same
shy diffi r u if!i Hit jiiseht"-: t lie gent It man from
Limestone has otherwise and correctly stated the
case.
[Mr Cottredl—Will the Senator allow me to
read the act?]
Mr Buforij—Certainly sir.
(Mr C. read from Aikin's Digest. 114-15.)
Mr Buford—"n' importe," Mr President: I will
•not controvert positions I have not considered.—
Admit, if you will, the unconstitutionality of that
restraining clause, and what the remedy? Shall
we blot out the sun for the spat on his disk? Dis¬
card a vital principle, and destroy a glorious sys¬
tem, for some petty bungle in the mode of its use?
No sir, but strikeout—repeal the objectionable
clause: let the district choose from the whole State.
To this no one will object. While you do not, and
•cannot compel the distriet, to select without its
limits, the agents' residence affects not the princi¬
ple of the district system. Exclusive choice hp,
■~and exclusive responsibility to a sectional constit.
uency, is the principle wc contend for; that only is
sacred to us, and that only we implore you not to
touch or tamper with.
We care not where the member resides—in the
moon if you will—if elected by, and responsible to
•only a given section, by the very nature of things,
and by every principle of human action, he is the
•exponcntof whatever peculiar sectional sentiment
may there exist; though at the same time, in the
•terms and meaning of the constitution, he is a re¬
presentative of the State, in its common interests.
Should a principle so obviously just, need the
-authority, referred to by my friend from Dalias, of
'thalong practice of twenty States in the Union to
-sustain it? It somewhat surprised me, Mr Presi¬
dent, that though there was evidently a view of
good state right sentiment, running through the
whole argument of the gentleman, yet most of his
grounds are deduced from the language of the fed¬
eral constitution. The state right creed I have
believed in, is drawn from no constitution save that
that God made, to wit: the nature of things. 1
had thought the federal constitution a limitation
rather than a grant of state powers.
But to proceed; by paragraph first of sec. 2, arti¬
cle 1, Federal Constitution, "the House of Repre¬
sentatives shall be composed of members chosen,
every second year, by the people of the several
Slates." Upon this clause the honorable Senator
predicates two propositions. 1st. that each mem¬
ber must be elected by all the people, being qualifi¬
ed voters, in the State. And 2d. that the district'
system is in violation of the electors rigid, to vote
for every member.
This—(from sentiments of personal rcrp^c:, I
will not call it a quibble)—hut this construction'
depends on the sense in which the term people ia
here used. Now read paragraph 1st of sec. 3,
same article: and every unprejudiced mind, it
scorns, would conclude, that "people" in the first is
•meant only in contradistinction to legislature in
the last paragraph: And sir, if in this sense the
"people" do not elect under the district system, I
am very sure. the "legislature" does not; and so,
perhaps, our members heretofore have been going
of their own heads.
The reason, sir, of our construction is obvious,
in this provision the intent only is that represents,
tives of one branch, shall be directly responsible to
the original source of power—the people. And
we hope to shew, that the district system is a con¬
trivance best adapted to that end. This view, sir,
if correct, disposes of both propositions. There in
nothing, sir, in the constitution to prevent the
otates devising the means of both sectional and
minority representation. And when that era comes,
I will believe our government capable of arriving at
perfection—that "ultima tkule" of human effort.
Let gentlemen disguise this matter as they will,
the pretences, Mr President, about "concentrating
the energies of the state," and all that, when ana¬
lysed, come at last to the robbers reason for con.
centrating the cash of honest men, to wit: because
he wants it, and because he has the power to take
it. Let its advocates coolly search their hearts—r
pry out and analyze the secret reason, and doubt¬
less it will be found to be, but that of taking place.
from one and appropriating it to self, and self'*
party.
If indeed, Mr President, the present system be
liable to the evil of sometimes giving the minority
the greater representation, (and experience will
hardly shew it) wise legislators, in the spirit of true
benevolence and true philosophy, should set to
work to devise a remedy adapted to our intricate
social relations, and protecting the relative rights
of all. But, sir, we are to be told such a system
would be too complex, and impracticable; and they
cut the gordian knot by taking all; they give us
tlje bed of Prooustes, if too long wc arc cut off, if
too short, stretched out to fit it.
Tyranny loves simplicity—the plain and easy—
so of robbery, and I fear me, of the anti-conserva¬
tive democracy of the present day; on the contra¬
ry, however, enlightened patriotism is studious of
intricate appliances, to meet the tangled relations
of a cultiva'ed and free people.
Again, Mr President, I have thought with much
concern, the t mdency of the times was to intense
oarty action, to a rule of force: And indeed, sr,
-his proposition, to change an old and somewhat
fi ne .honored cns'om; to take away used and vest-
«d rights; and coming too at the time it does, in.
deed seems to me to be of the order of force.
Why, sir, if the principle be right, carry it out,
elect members of the assembly so, sheriffs, clerks,
constables, and where will you end? Why, sir, in
one party, or one section rather, plundering the
other.. You will end, sir, in reviving the foray for
lifting cattle and levying contributions.
But again, sir, those who are wisest know best,
that every important political measure deeply af¬
fects the morals and manners of the people. This
measure I apprehend, will at least in some degree,
tend to depreciate private moral worth.
Virtues, sir, are cherished that recommend to
popular favor, and just in that proportion are they
cherished.
The more you limit the circle of the constituen.
cy, the more the retiring and domestic virtues
avail the candidate for public esteem; but the more
that circle is extended, the less they avail, and
therefore the less are they cultivated.
Under this system of unknown and stranger can.
didates, will the modest virtues of charity and
good citizenship be advanced? Will seekers of
popular' favor more incline to build churces, say
their prayers, do public benefactions? No, sir,
they will worship, not one God, but one Deamon
only. The Moloch party, with his brutal oblations
will claim their entire devotions, private worth,
intelligence, learning, qualification, honesty, all
are bartered for peace-offerings to that idol, party;
a Jugernant, who delights in human sacrifice: kin¬
dred and friends are stabbed on his alters; and his
sweetest incense comes, of the t:ais of his victims,
and the utter beastliness of his votaries. Such is
the worship you would exalt. Are we philanthro¬
pists, patriots, men, or mere beasts, drunk, and
wallowing in the swill of party?
Again, Mr President, this measure will weaken
the force of representative responsibility—dilute
and weaken the popular control; for as you multi¬
ply the constituency, you impair their influence.
This measure, sir, will estab'ich the regency, and
caucus system; it will necessarily do so, and gen¬
tlemen know it. It will erect a triumvirate, make
the representative responsible to a junto, instead of
the people, and in fact and effect, take the elective
franchise from the people, and give it to caucuses.
The honorable Senator from Limestone, thinks it
a great virtue of the measure, that it will have the
effect of destroying sectional feeling, and making
the member the representative of the whole State.
Now, Mr President, this argument is founded on
the tacit assumption of the people's dishonesty, and
implies the idea that the people originally had not
therightto represent their sectional interests in
person, and therefore not the right now to have
them represented by agent. » If this be democracy,
I do not understand the term.
But again, Mr President, of this measure, wheth¬
er wright or wrong, one party thinks it wrong—
deeply feels it so: it is now goading, like iron m their
hearts. Its adoption will therefore necessarily em¬
bitter party strife, and produce retributive wrongs
in turn—"rtemo leadet me impune," is a sentiment
that finds a responc in every human breast. And
I warn gentlemen now, if they thus trample on
our rights, they will find us fighting, in a way they
have not dreamed of—the war shall be carried into
Africa, to the invaders own homestead.
Wrongs, Mr President, go not to the grave with¬
out leaving numerous offspring. Every political
outrage begets its foul harpy, with claws of a tiger
and vomit of a buzzard, to fly to and fro, sewing
nausea, discord and human misery; and ever in the
end, clawing at the eyes of its own progenitors.
This measure, Mr President, if passed, will
crush its advocates. Why sir, wrong and lust of
vengeance, will ever beget enthusiasm: enthusiasm
is contagious, and must conquer.
This, sir, is true in politics as in war. Many
proofs a re found in the latter. The Mexican strug¬
gle for independence gave rise to a memorable in¬
stance. The Spanish power had broken and dis-
pcrited the patriot forces; Giorca De Salvaretta, a
young maiden of family, of singular beauty and ac¬
complishment, was detected in correspondence
with her plighted lover, a patriot prisoner; she was
put to the torture, and shot. Every rebel in the
land was inspired as one man, at the news: she and
her house was devoted to their cause; and this out¬
rage enkindled in their breast a reckless and phren-
zied enthusiasm, before which, under the war cry
of "remember the murdered maiden," their numer¬
ous foes fell, like the angel-smitten hosts of the As¬
syrian Camp, and Mexico was freed.
The late invasion of Texas by Santa Anna, of-
fcrs another remarkable proof of the power of en¬
thusiasm inspired by recent outrage. All remem¬
ber the massacre of tuc Alamo: at San Jacinto,
wiih the battle cry of "remember the Alamo," in¬
spiring a fierce madness, the 7'exians met, utterly
rounted, and cut to pieces an army numbering dou¬
ble their force: and though the cry for quarter
came loud and fast, "me no Alamo, me no Alamo,"
yet, as usually happens, the vindictive conquerors
took no time to distinguish the innocent from the
guilty.
One parallel in politics, sir, I would name: In
the recent presidential contest, power's partisans
foolishly sneered at the Whig candidates' log cabin,
and falsely called him a coward. The insult and
wrong inspired a wild enthusiasm, and with thejl always wish to know their name, at least,
battle-cry of "remember your injured soldier, and if not the ingredients of which they are com-
remember your log cabins," a feeble band, boldly posed. I ask the Senator fiom Limestone,
rushed upon fearful odds, and the hireling hosts of Tt,rl7,) who appears to be the great
a , ..„ . , , , , democratic physician to this measure, what
power ned, till now scarce one is left to be ashamed. ; 1 V, , . j • •
v . , ' „ ., . . iis the name of the pill he is about to adminis-
And so Mr President, if this outrage is perpetra-'tp,. lQ us? j-Mp- Ten.y repliedi the Stale
ted, there will be another San Jacinto affair. Clubs Rights pj|].] No sir, that is not itstruename,
will be reorganised; war and vengeance be sworn —ii i,s the derno-Tammany-cratic pill. It
the cry of "down with the robbers" will arise, and a is a miserable dose; but I suppose I have t&
day of reckoning soon come; and with it, perhaps,'swallow it. ^ I have taken many pills in my
(and it is said "more in sorrow than anger) with it;1,ff; hut this is the most unpalatable with
* lurbmk it hnfl ntfnn 1.1 Inn tA ir /ot f n n /-» vihtf *
perhaps, a long list of retributive wrongs uu giui gjc]jed
factions vengeance, and like this measure, to curse
the republic by relarding the progress of benevo¬
lence, better philosophy and wise legislation.
[Note AJ—In regard to that clause of our
present district law, which renders non-resi
dents of the district ineligible, on reflection
I think it unnecessary and useless, but clear-
. j which it has ever fallen to my lot to be phy-
o qlvlrorl
REMARKS OF MR. PHILLIPS,
As the vote in the Senate was about to bo
taken on the passage of the General Ticket
Bill-
When Mr. Andress had resumed his seat,
Mr. PHILLIPS remarked, that he di'scov-
ly within the constitutional powers of thelcred plainly the eagerness of the majority to
State. The State retains all powers not ex- consign their victim to the tomb—he saw the
pressly taken away or delegated to the exclu-flushed impatience and deliberate resolution
sive control of Congress: by the federal con-'of Senators to open the political grave of the
stitution, her representatives in Congress Whig minority in the Stale, and bury then) so*
shall he persons at least twenty-five years deep that their ghosts could never haunt the
old, inhabitants of the State when cho-Jseared consciences of thosf by whose vio-
sen, and shall have been seven years citizens lence and rapacity the bloody deed had been
of the United States. But no where is it af-.accomp'khcd. Sir, you may complete your
firmed that all such shall be eligible, or that woik;—it is in your power to do so, and you,
the States shall not
tions. In other words, the States have mere
ly allowed the constitution, in these three par¬
ticulars, to narrow the class from which re¬
presentatives may be chosen. Now this i
no grant of the whole subject, and is not in¬
consistent with further restrictions by the se¬
veral Stales. The term person as used in
the federal constitution, includes free ne¬
groes—even slaves: therefore either, being
an inhabitant twenty-five, and seven years a
citizen, is eligible to Congress. And may
not Alabama declare them ineligible? If so,
she can prescribe any other proper qualifica
further Testric- are bent upon the mischief; but my word for
it, before we meet within these walls next
year, that victim will have a glorious resur¬
rection !
REMARKS OF Mr. McVAY,
of lauderdale,
In opposition to the General Tieket BilL
IN SENATE.
Saturday, Dec. 19.
When Mr. Phillips hue. resumed his seat,
Mr. McVAY rose and addressed the Se->
nale.—It is well known that I voted against
the question.ordering this bill to a third read-*
tion, and impose any other reasonable re- jng. It may not be out of place forme to
striction.
REMARKS OF MR. ANDRESS
( f monroe.
When Mr. Buford had taken his seat,
Mr. ANDRESS said-n—I had intended to
make a few remarks explanatory of the vote
I should give on this bill; but the entire sub¬
ject having been so fully and ably discussed
by gentlemen who have preceded me,—toge¬
ther with the lateness of the hour, and the
manifest disposition of the majority to take
the vote on the pas sage ol'the bill this evening,
that I shall decline trespassing on the Senate.
A celebrated pill has been frequently spok¬
en of in this chamber, which, it is said must
be taken by the minority. Before I take pills.
trouble the Senate with some of the reasons
why I pursued that course, and why I shall
cast my vote in opposition to the bill at every
stage of its progress. When I left home a
few weeks ago, for this place, to take my seat
as a servant of the poonle of my county, I
left them entirely satisfied with our present
system of electing members to Congress. I
have Jived long enough to dread the spirit of
innovation by which tnis measure was brought
before us; and although its supporters are of
that political party with which I have honest¬
ly and conscientiously acted heretofore, still
I cannot surrender mv own opinions of right
and justice, to follow that or any other party.
I supported Martin Van Buren for the Pres¬
idency, and I was in favor of his plan of all
Independent treasury. I opposed a National!
Rank, and still entertain the opinions 1 havel
uniformly expressed on that as well as other
prominent questions with whuh th,j admin-'
isirations of Gen. Jackson and Mr. Van Bu-'
ren have been connected. Having been'
among the first to avow toy sentiments on1
this bill, after it was called up for discussion,!
I feel no reluctance in giving my opinions
now, notwithstanding the Senate, by its re¬
fusal to adjourn at this late hour, has shown
its determination to take the final vote this
evening, anu thereby cut off further discus¬
sion.
I will not conceal my surprise at the re¬
marks of the Senator from Lowndes, in
which he complained of ttie gentleman from
Montgomery, for having introduced national
politics, and I am worse surprised at the
charge made by the Senator from Limestone,
that the gentleman from Marengo was the
first to break ground on subjects which did
not properly belong to this discussion, and
vvhich have been the occasion of so much
party feeling and waste of time. I heard no
allusion to any thing of the sort, until the
gentleman from Limestone dragged in the
Harrisburg nomination, and the materials of
which he said the Whig jparty was composed.
Preferring to see justice done the Senators
who have participated in the debate, even
though I may not act according to strict par¬
ty rule, which enjoin tilcnce when one's
friends arc wrong, I have made these state¬
ments, in the hope that a spirit of moderation
find candor may have its due influence on the
action Of the Senate.
[Mr. Terry took the floor to make an ex¬
planation. He protested that he was not
justly responsible for the wide latitude the
discussion had assumed; that he had not said
a word about national politics, until the Sen¬
ator from Marengo had spoken of Democra
tic caucuses in dictating to the people, as he
alledged, whom they should elect toCuugress.
H earing his party thus gratuitously assailed,
observed Mr. Terry, then it \Vas that he act¬
ed in self-defence and charged on the Harris¬
burg nomination and the Whigs generally.]
Remarks of mr. Alston,
OF MARENGO,
In opposition to the G-mprnl Ticket Bill,
in senate,
Saturday, Dec. 19.
After Mr. McVav had taken his sat, and
Mr. Terry had made his explanation,
Mr. ALSTON said—Since it has been
gravely charged that I'was the first to smug¬
gle topics into this discussion, which wen-
uncalled for and extraordinary, I beg the in¬
dulgence of the Senate, while 1 endeavor to
put the saddle on the right horse in this mat¬
ter. 1 did not consider it a departure from
the merits of the question to say, as I
did, that a caucus would certainly be the re¬
sult 5 and against the dictation of a caucus,
come fiorn what quarter it may, I am always
ready, on principle, to enter my protest. I
maintained thai, under the district system,,
any man of Ins own free will and accord,
could offer, and make himself known to the
people who were to elect; and if they approv¬
ed his ability and qualifications, they could
make him a representative. This I stated
as the antagonist principle of electing repre¬
sentatives to Congress by the people of the
whole State, as there must necessarily be,
from the nature of things, a mutual want of
knowledge on the part of the candidates and
of the people, on those important subjects
whiehlie at the root of all salutary legislation.
in view of the change proposed in the bill, of
the mode of our federal representation, I did
state what I fullv believe will be the conse¬
quence,—that a few party leaders will be vir¬
tually the appointersof representatives to con¬
gress and that the people will be the mere in-
strumejits of executing the decrees of a caucusl
Sir, I heard that the proposition now be¬
fore you. was mooted in a late democratic
convention in this city. I am sorry that it is
brought forward by gentlemen to provide fir
certain decayed politicians and gri edy aspi¬
rants, who have 11 fought, bled and died" iti
the democratic ranks. Of course I may be
in error as to the true motives which origina¬
ted it; but the appearance of the times, and
the scenes that have just transpired, warrant
the conclusion that there are certain southern
gentlemen to whom I have referred, that
must be held up and kept out of the yawning
gulfof political oblivion. This idea will cling
to it, and i see no other good it can accom¬
plish.
[Here Mr. Lta requested Mr. Alston to
yield the floor till he could move an adjourn¬
ment; which he accordingly did, when the
Senaterefusedto adjourn—yeas 10—nays21.
Mr. Hall moved the previous question; and
the question announced by the President was.
shall the main question be now put? which,
was decided in the negative—yeas 13—navs
17.
Mr. Hall then moved that the Senate ad¬
journ, which was lost on a division ; yeas 11,
nays 16.]
Mr. Alston tlien proceeded—I am glad sir,
that I again have the floor, and I intend to
keep it until I complete the remarks I desired
to make.
With the utmost stretch of what little sa¬
gacity I po ses-, I cannot see for what other
cause or object the district system is to be
abolished, but to gratify certain gentlemen of
the party for whom provision cannot other-
wise be made. It is hoped and expected by
the advecates of the bill, that they willsucceed
in electingall the representatives^ Congress,
from their party. Well, if they do this, it
will be a benefit to one party, while it will
wholly cut off and annihilate the rights of the
Whig party. The provi m to the bill is mere¬
ly nominal—no penalty attaches to ir% non-
observance. It lacks all the. essentials of a
law, and creates no obligation. If it L compli¬
ed with, the paWv has the power; if it is not the
party makes it right; but! discern a trap set
here for public opinion. While the Excu-
tive of the State, (wlio is the official author
of the suggestion) recommends the general
ticket, because it will secure the best talents
of the State in Congress, without regard to
• district lines, this proviso, if it is really any
part of the bill and in the least degree binding
sweeps away that part of the Governor's ar¬
gument, which was the most plausible he
urged. Even suppose that you nominate by
districts, and throw southern candidates in
.the field; they will look elsewhere for suc¬
cess—they will fix their eyes on the northern
people of the State, and will concede their
sectional policy to the strong hands of the
north.
. I am satisfied in my own judgment that
the constitution has nothing to do with the
one mode or the other, of electing represen¬
tatives to Congress. The State can adopt
either, according to her sovereign will, unless
the General Government thinks proper to
interfere under that power jjiven to it, which
has been so fully shewn by the gentlemen
from Montgomery and Greene. Had the
federal government divided the State for par¬
tial purposes, then a hue and crv might have
been raised ; bu whoever heard of the S'ate
infringing, her own rights I The Senatoi
from Lowndes has seen prop°r to follow ii,
t e wake "f the gentleman from Limestone,
in his criticisms on the Whii party,—in the
hard names he bestows on them, and the lev¬
ity with which he descants on their emblem-.
He is not satisfied to stop here; he must hold
up Gen. Harrison as a federalist, because hi
supported the tariff in 1821, and approved the
proclamation and force bill. Sir, did not Mr.
Van Buren do the very same thins? He
supported the tariff of 1824 and 1828, and
endorsed every line and sentiment of the pro¬
clamation and force bill. If less than this
constitutes Gen. Harrison a federalist, is not
Mr. Van Buren a federalist al-n? It is said.
Gen. Harrison claims for the federal govern¬
ment the power to construct works of inter-
fc il improvement in the States. Suppose he
entertains that opinion (and on this question
he has been very much misrepresented) are
the skirts of Mr. Van Buren wholly free from
the same charge ? Did notiie vote, in the
Senate of the United States, for the erectiofl
of toll gates on theCumberland road, by which,
the citizens of the States thro' which'the road
passed, would be taxed by the general gov¬
ernment, for the right ol way over their own
soil? Does the history of parties in this
country, from the. palmy days of federalism,
to the present time, afford a more conspicu¬
ous instance of federal enoioaTiment on the
rights of the States? I venture to say it
does not; and still gentlemen have the face
to condtmn Gen. Hariison as a federalist for1
the very acts which constitute Mr. Van Baren
a republican of the purest stamp ! But I do
the distinguished bead of the whig party,
who will soon be placed in the national exe¬
cutive, grcaA injustice, in leaving the com¬
parison so free ; he never vottd for a meas¬
ure half so pr< gnant with federal doctrine and
usurpation as the bill for which Mr. Van Bu¬
ren voted, to erect toll gates on the Cumber¬
land road, and which was arrested by that
honest republican, Mr. Monroe, in the exer¬
cise of the veto power.
But all these topics have nothing to da
with the question before us. I regret exceed¬
ingly that they have been introduced. They
were forced in by others, and then the blame
was sought to be cast on me. There was no
justice in this attempt, and I have proved it
groundless.
As we are oh the eve of disposing of th ,
bill, and hushing the debate on it here, allow
me to refer to the Senator frcm Lowndes as
he was, in his political relations, four years
ago. He was'lhe spokesman of the Whigs
m the other end of thecapitol; actually speak¬
ing against time to defeat the election of a
United Stales Senator? Varying his posi¬
tion to suit himself, he feels authorised to read
homilies on political consistency to his for¬
mer associates, who now occupy the ground
they did then, ;.hd which he so gallantly de¬
fended. He was eloquent four years ago,
as i.e is now; as honest now, as he was then
I suppose his change is owing to his present
convictions that he was then wrong. We
should never have reminded him of the past,
in relation to himself, had he not in a spirit,-
little tempered with charity accused his old
Whig companions and brethren with feder¬
alism and consolidation. He ought not to
have thrown us unto such company. Doesi
he really conceive that by opposing the bill, I
we are federalists or consolidntionists? If
such be his opinion, he has lost much of that
frankness and discernment for which I.e
had credit. When I fiisl had the honor of
a s3at in the other branch of the legislatue, I
loikcd up to the Senator from Lowndes as a
le ider. He was so then, and a very efficient
one. Is he still among State rights men,
who battled for his beloved Carolina in her
42
day of pent and adversity? Can he look) After Mr. Alston had concluded,
around him and find one in two score of his Mr. LEA said—Before the drama is cios
present allies, who then agreed with him in ed, I have a remark to submit. I had indulg-
opinion, and who fought under the same glo- td the hope that the majority would have been
rious banner? He cannot; no sir, he cannot, content with avoiding this odious tyranny;
Those with whom he has joined his political they have had the aid and votes on this floor,
fortunes, were panegyrists of the proclama-and in the other end of the capital, of members
tion and force bill; they were the ardent sup- whose constituents spoke as whigs at the pres-
porters of what he has termed on this floor, idential election. Whig counties have been,
strong federal doctrine. It little becomes misrepresented by a portion of the majority,
him to arraign the consistency or othodoxy of This was indeed a severe chastisement and
the opinions of other men, when his own one which the rninorty resisted with all their
have been so strangely metamorphosed. This might; but your power of numbers over¬
much I have felt disposed to say, on the oc-whelmed them then, as you perhaps now
casion. |silence them forever. It is all mockery to
Gentlemen have thought it not beneath tell the people of the south that they shall
their Senatorial gravity to say a great' deal ha ve a representative—it is insult! You tell'
about the mottoes and emblems of the Whig them they may select a candidate, but shall.
party, and have said that we presumed upon not elect him.
the ignorance of the people in holding up to' We bow to your behest, for we see it is
them coon skins, bard cider and log cabins, thus written. Though we are the sacrifice,.
Sir, the cause of all this parade of emblems', if we meet our fate with as little murmuring as
indeed all have been used which Senalors'possihle. Numbers are against us—yes sir,
enumerate, was to rebuke some lordly aristo- number of rotes only. Your work of ruin
erat who sneered in his pride at the humble toward your political opponents, is complete;
dwelling of our candidate, and whoreproach-we have said all that we could say—let its
ed him with his poverty and simple habits, pass. It is a mere name. We shall hence-
Every reflecting man at once condemned forth look to the justice of the people ; their
such littleness of spirit, and the great body of representatives have trampled upon our rights,
the people rallied to Gen. Harrison, and in hisl We shall tell the people the beginning and
election to the Presidency have prepared tbe| the end of this process. We shall repeat it
way for a happy reform in our much abused before them and trust their judgment. There
~ ' is no use in further discussion upon the case,
government. But, sir, even suppose that such
devices were intended to amuse and concil¬
iate the plain classes of the community, what
right had the democratic party to make a
noise on the subject, when they themselves,
not content with hickory trees, called in the
aid of elegant Polkrstalks to signify theii
choice for Vice-President, and inflated Bags,
to denote the' great bead of the party in Ala¬
bama, and the celebrated chief-magistrate
who has since thought it no disgrace to play
second fiddle, in his communication to the
legislature, to a set of political adventurers,
who fatten on the offices of the country, and
who have taken into their especial keeping
the honor and sovereignly of the Slate.
I must content myself with what I have
already said; but for the charge of the Sena¬
tor from Limslone, that I had thrown a fire
brand into this discussion, by referring to
subjects calculated to excite feeling, and
more particularly to national politics, to which
I made no allusion,—but for this charge, in
which the Senator's memory deceived him,
I should have remained, in all piobability, a
silent spectator of the deed which you are
anxious to consummate, the only obstacle to
which I can offer, will be the vote I shall cast
in the name of my injured and disfranchised!
constituents. I
t- is sealed, and we only wait to hear the voice
of Senators responding to the call of their
names.
Mr. JONES of Sumter, took occasion to
say—When this measure was first agitated,
and for some time after it was introduced
here. I had made up my mind to vote against
it—but on further reflection, after having con¬
sulted my democratic friends, my determin¬
ation has been changed, and I shall vote for if«.
[The roll was then called, when 31 Sena¬
tors answered te their names.. Yeas 19—
Nays 12. The President then announced,
that the bill had passed the Senate.]
0° This concludes the Debate in the Senate..
That in the House of Representatives (about the
amc quantity,) will form another pamphlet, and
will be printed at the Monitor Office, Tuskaloosa,
qy the 10 th of February, 1841.
[FT Orders, enclosing cash, (postage paid,)- will
he promptly attended to, by
M. D. J. SLADE.
Tuskaloosa, Feb. 1,1841,
DEBATE
OX THE
GENERAL TICKET BILL.
IX THE
HOUSE OF REPRESENTATIVES.
THE GENERAL TICKET MLL.
The war on the General Ticket Bill commenc¬
ed in the House of Representatives on Wednes¬
day.
Mr REYNOLDS moved to suspend the order of
the day, for the purpose of taking up the bill from
The Senate, to alter the mode of electing members
of Congress.
Mr HUTCHINSON said, the question to sus¬
pend had jjst been,taken and lost, Mr H. alluded
to the load of business which had accumulated on
table, The penal code, the most important sub¬
ject now before liie House—and likely to claim
much ot our attention If the gentleman would
Wait until the penal code was adopted, he would
then go with himm, for taking up this question.
The gentleman certainly cannot suppose that this
subject will pass off quietly. He knows very well
that it will consume and absorb much of our time.
Mr SAUNDERS said — Does the gentleman
from Montgomery wish to place this bill at the heel
of the session ? Certainly if lie feels any interest
in the bill,he would not desire to place it at the heel
of the session,. The gentleman has intimated, that
the dominant party desired to pass this bill, with¬
out discussion—to force it upon the whig party, by
a gag, or something of that sort. Sir, I can say'
that no such intention is entertained by the party
of which I am a member. All the actions of the
party to which I belong, are open. Last night, sir,
we nominated a candidate for Governor—and we
dare the whigs to do likewise.
Mr HUTCHINSON said, the gentleman cer.
tainly gives a very strange interpretation to my
language. I had no such views as he intubates
He throws out the idea that I am in favor of the
bill. He knows I am not in favor of it, but oppos¬
ed to the bill, and expect to fight it to the last.
But sir, I do not wish to suspend the business of
'the house, for the purpose of tailing it np now. I
[have heard the gentleman himself say, that the pe¬
nal code was the most important question now be-
fore the House. I agree with the gentleman—it
is: and I ask the gentleman, why he desires to
place it the heel of the session, a measure of such
vast importance to the whole people, for the pur¬
pose of introducing into the house a measure of a
purely political character, and the most exciting
that could be brought before us.
Mr MOORES, of Marengo, said he was not
fraid of this General Ticket bill. He was wil¬
ling for it to have its turn in the considerations of
the House—but there certainly were the weightiest
easons why the bill should not now be taken up;
and the most important had already been alluded
to: the Penal Code. Mr Moores was proceeding,
when,
Mr LITTLE sadi he desired to give some rea-
sons why the orders of the day should not be sus¬
pended.
The Speaker said the gentleman, under the rule,
must be brief.
" Be brief?" exclaimed Mr Little. I did not
know before now. that the remarks cf any man
could be limited by the chair. If you mean, by
being brief, that I should confine myself to the
subject before the House, then sir, I will be brief.
But I shall claim the liberty of speaking as long as
my ideas of propriety dictate.
The first reason, sir, which I will suggest to the
House, why the orders of the day should not be
suspended, is, the importance of the Penal Code.
The subject of the criminal laws of the State is
now the order of the day—and I contend that the
consideration of a matter of such vast importance,
should not be suspended, to be superseded by a
merely political question. We all acknowledge
the importance of the penal code—and if it is of
importance, why forget that importance now, when
the close ofihe session is ot hand—and lay it aside
for one, which, at best, is of* but small importance,
to the people of the State : and which is, of itself,
to say the best of it, of doubtful policy. I put the
question—which is of the most importance to the
people of the State, the penal code, or the general
ticket law? The penal code proposes to change,
radically, the criminal laws of the_ State—to be
made applicable tcfa new system of punishments,
which the legislature has adopted.—It bears upon
the morals of the whole State, & pervades all the
interests of the community. Shall this great sub¬
ject be laid aside, now, for the purpose of consider¬
ing a question which is, as I have already said, pure¬
ly political—purely partizan in its character, and of
doubful policy?
And, sir, let us look at the reason of the thing.
If we lash up party excitement here now, at this
Stage of the proceedings, is it to be supposed that
we can then proceed calmly and quietly, and with
due reflection, to the consideration of this Code?—
Surely not, sir: any man who lias common under¬
standing, must conclude, that after, or in ihe midst
of this great political war, the House will be ut¬
terly incapable of progressing with the business
before it, in a way to accomplish it with a due de¬
gree of calmness and reflection-
I do not desire to drop this general ticket bill:—
let it come up at a proper time, and then I shall be
prepared to speak and vote upon it. But I desire
to do the business of the Legislature, first—and
then I will agree to go into the business ol poli¬
tics.
We have been asked, by the gentleman from
Lawrence, {Mr Saunders,) if we desire to place
this question at the heel of the session. Sir, I would
answer that question, by asking the gentleman, if
he desires to place the Penal Code at the heel of
the session ?
Mr SAUNDERS replied: The question, as I
understand it, is not between the Penal Code and
the General Ticket System ; but, whether or not,
the General Ticket Bill, which has come to us
from the Senate, shall remain amongst the orders
of the day. And let me say, Mr Speaker, while J
am up. that I am gratified to hear gentlemen mani¬
fest so much anxiety and interest on the subject of
the Penal Code.—And allow me to make a little
prophecy: you will see, sir, gentlemen who have
hitherto voted against the progress of the Penal
Code, now vote for its remaining before the House,
as an excuse for keeping oft' the consideration of
tins General Ticket System. Yes sir, gentlemen
who have indicated an intention to throw every
obstacle in their power, in the way of the Penal
Code, will nowdo all they can to sustain it—for the
purpose of keeping it before the House.
Mr LITTLE asked iMr Saunders if he alluded
to him, when be spoke of the enemies of the penal
code. He certainly had been a friend to the code,
from the beginning.
Mr SAUNDERS said, I did not allude to the
gentleman from Sumter.
Mr SHANKS said he would suggest a few rea¬
sons why the motion to suspend should not pre-
vail. The penal code is the most important sub¬
ject now before the bouse—and it ought not to be
placed at the mere}' of the general ticket bill,
which would certainly consume much of the time
of the house.
Mr HUTCHINSON said,—One word, M>
Speaker, as to the prophet—and I will premise by'
saying that the scripture advises us to "beware of
false piophets—of men who come with long robes,
wise words," &c.
The gentleman has intimated that the whigs who
opposed the penal code, will now go for it, for the
purpose of keeping off this general ticket bill. I
wish it distinctly understood thai I am no enemy
to the penal code. I have voted for the code, iu a
spirit of compromise and concilliation. I am not
like some gentlemen on this floor, who, because
they cannot have a thing exactly as they want it,
will not have it all. I act upon a different rule: if
I cannot get the bill precisely as I want it, I then
take it in the best shape that I can give it. As
well as the gentleman from Sumter, I have record¬
ed my votes for the code.—and I will say, sir, that
we the whigs geneially, will vie with the gentle*
man from Lawrence, in our votes for the penal
code.
Does the gentleman suppose that the minority
of this house will sit quietly here, and suffer the
majority to puss this law by force, and without dis-
cussion?—that we will not raise our bauds to push
the trainpler off? He is mistaken.
And he has vauntingly spoken of the bravery of
his party, in nominating a candidate for Governor.
Is this openness of action so rare, with the demo*
cratic parly, that it is become a matter to be boast¬
ed of'/
[The Speaker called the gentleman from Mont¬
gomery. lo order.]
Mr Hutchinson proceeded.—Am I not allowed
to answer the gentleman Irom Lawrence, in the
position he assumed?
The Speaker answered—No.
Mr Saunders said, the best answer the gentle¬
man can make, will be to dare to nominate a can¬
didate for Governor.
[The Speaker endeavored to restrain Mr Saun¬
ders, by culling him loudly to order.
Mr Hutchinson said—I tell the gentleman from
Lawrence, that the whig party of the convention
dare do all that become men and patriots,—who
dare do more, are neither.
[Here there was a good deal of confusion and
excitement.]
MrMOORES of Marengo, said—It is evident¬
ly apparent to all who look upon this matter, apart
from politics, that we Will be doing violence to the
rights and interests of the people of the State by
laying aside a matter of the greatest possible im¬
portance, and giving way to a question so peculiar
in its character as to engross every member of the
house, on one side or the other of it. And, not only
are the interests of the people, on the great sub¬
ject of the penal code, neglected and outraged, but
there are various and individual rights and interests
upon this floor, which will evidently be violated, if
we suspend the order of the day, for the purpose
of taking up this general ticket bill.
Itfr VVinslon of DeKalb, called the previous
question, which, after a good deal of confusion, was
sustained. And the house resolved to suspend the
order«of the day, for the purpose of taking up the
general ticket bill.
There were several other points of order made,
and the chair was always sustained.
Tuesday, Dec. 26.
The General Ticket Bill being the special or¬
der of the day—
Mr SPRUELL said—Mr Speaker, if I am not
mistaken in the reading of the bill, it touches a
sensitive string. It interferes with the sacred ob¬
ligations existing between the people and their re¬
presentative. It removes the representative at a
greater distance from the people, and renders him
entirely superior to and independent of them. I
thought I discovered in the bill, as it was read,
that individual interests, sectional considerations,
and the interests of a dominant party are to be
subserved, by its passage. Let us enquire, if
such inducements are the legitimate ends of le¬
gislation.
This bill proposes a great change in the policy
of the country. Itproposes that the people of Ala¬
bama shall hereafter elect their members of Con¬
gress, not according to the plan which they have
followed for twenty years—ever since they were
a State—but on a new plan, by which the whole
people will vote for every member—and which
requires that the five members who receive the
highest number of votes in the State, shall be e-
lected.
This bill proposes, sir, that we shall no longer
fee allowed to elect a representative who is, from
his location, supposed to be best acquainted with
our local interests. That we shall no longer se¬
lect a representative, whom we know as a neigh¬
bor and a friend, and whose qualities we can ap¬
preciate ; but that we shall be forced to voce for
such men as may be palmed upon us, by caucus
—whatever may be their claims, or wherever tfieV
may reside.
Sir, I am surprised—I am astonished at this
proposition. I am amazed, that that party who
speak so often, and so affectionately, of the dear
people, should seek, by a measure of this charac¬
ter, to dissolve the close connection which has
heretofore existed between the people and their
servants, the representatives. And this is sought
to be done, too, without any intimation from the
people, that they desired it. Sir, are there any
petitions on your table which indicate the wishes
of the people, on. this subject? Does your clerk's
desk groan, under a load of memorials from the
pie, expressing any wish to break up the old and
settled policy of the State, in regard to electing
members of Congress ? No sir, not a single voice
in the whole State, coming from the sovereign
people, has been heard, either- in or out of this
Hall, on this subject. No dissatisfaction with the
old systepi has been expressed, by the people.—
And yet we are told, that this measure must pass
—because it is a democratic measure.
Sir, all democratic measures spring up amongst,
and come from the people. Every change sought
to be made, on a settled policy, if a democratic
change, must come from the people—for they are
the centre and source of all sovereignty, the
springs of all'democratic legislation. Well, sir,
does this measure come from the people? No1
sir. Then, whence comes it ? It comes from his
Excellency the Governor of the dominant party.
It sprung up in the prolific imagination of a man,
distinguished with the appellation of Govern¬
or of Alabama,—distinguished, also, perhaps
for his vast proficiency in all sorts of learning J
skilled in the machinations of party, and amply
impressed, (as this bill indicates) with the neces¬
sity of providing for the contingencies of the fu¬
ture. And more than all, distinguished, in
1840, for the great discovery, that the people were
dissatisfied with the present system of electing theitf
members of Congress—that they wish to repudi¬
ate a system which has been so long established ;
and that such a law as is embodied in this bill is
necessary to carry out true democracy, by the bet¬
ter enabling the democratic party " the more
perfectly to concentrate their political ener¬
gies.' This exraordinary democratic gover¬
nor makes this wonderful discovery, in the
year 1840, that true democracy requires that
the lines which separate particular sections
of the State, should be washed out, and that
all sectional considerations should be disregar¬
ded.
It is a little singular, sir, that other gover¬
nors, who have been distinguished for en¬
lightened policy, and enlarged statesmanlike
views, on subjects of this character, should
not have thought it their duty to make such a
recommendation. Perhaps they were not
so thoroughly democratic as his present ex¬
cellency. That is the reason why they did
not make the discovery which has fallen to.
the lot of their illustrious and fortunate suc¬
cessor. And perhaps his Excellency desired
to attone for past offences, by making this
show of democracy at this date—and to con¬
vince his friends, that notwithstanding his
foimer warm opposition to the hero of New
Orleans, he was now as thorough a democrat
as could be found any where.
[Here Mr Spruell was interrupted by Mr
Saunders, who said the Governor's motives
and character should be protected from such
insinuations.]
Mr Spruell continued. — I presume, of
course, that the governor has friends here, to
defend his positions. The gentleman from
Lawrence can defend him and his policy,
when I am through. I claim the right of com¬
menting upon that portion of the message-
which refers to this subject. So far as his
message and his propositions are concerned,
I shall claim the privilege of dealing with
them, without gloves. If the gentleman can¬
not defend his Excellency's positions, upon
constitutional grounds, then I should say the
Governor was in a bad box.
[Here Mr Spruell asked the Chairman,
(Col. Young.) if he was in order?
The Chairman said that he had not c; Q-
ceived that the gentleman had been, or was
out of order.]
Mr Spnioll continue*'.—T was saying that
probably his Excellency desired to attone for
past offences against the mighty leader of
democracy. And perhaps, as he is a man of
policy, he might have desired to gratify the
gentleman from Lawrence, [Mr Saunders,]
the champion and herald of those mighty ava¬
lanches of the North, with avhose overwhel¬
ming influence we have been threatened so
often, during the session. Perhaps his Ex¬
cellency desired to see a practical illustra¬
tion of the figure of the gentleman from
Lawrence, when, in the excess of his poeiic-
al imagination, he placed Jackson county by
the side of old Greene—-the verdant home of
genuine whiggery. No doubt the addition of
2000 votes from that region of country would
change the political complexion of the third
congressional district.* and as Jackson could
not be moved down into the district,—why
to subserve the same purpose, the district
must bera wed to Jackson or what is the same
thing, the lines of the district must be blotted
out. " If the mountain will not come to Ma¬
homet. Mahomet will go to the mountain."
Sir, I cannoi be convinced that the Whig
party are not entitled to a voice in the coun¬
sels of the nation. When State Rights prin¬
ciples were agitated, and the country was
shaken to itscentrp, by the struggles between
the Sovereignty of the Stales, and the Fede¬
ralism of the Proclamation and Force Bill—
thbn the Whigs had a voice. When the
great -Sub-Treasury scheme was agitating the
country from North to South—then, the
Whigs had a voice. In all times of peril to
the country, or the Constitutiou, the Whigs
have had a voice in the counsels'df the na¬
tion. And that voice has been heard, and
felt, and obeyed. But it has been reserved
for the magnificent Bashaw of Alabama to
discover that they ought not to be any longer
entitled to this privilege: for, by cutting them
off from its exercise, the dominant party
may be the better enabled to concentrate its
energies ! !
Sir, when the great question which created
sucti a lumult in the nation, was settled, I
trusted that the political excitements had pass¬
ed away for a season. I expected that men,
who had hitherto been lost to the extravagan¬
ces of party zeal, would be contented—at
least for a while—to see the angry ocean of
politics, which had been so long lashed by
the storms of contending parties subside into
a momentary calm. But I am mistaken:—
Defeat but adds turbulence to the waves.—
Notwithstanding the democrats have receiv¬
ed a quietus, at the hands of the mighty peo¬
ple, they are still making efforts to array and
rally their party, " to concentrate its ener¬
gies,"—and to this paramount desire, they
prostitute every right, disregard every obliga¬
tion, however sacred, and sacrifice every con-;
siderati'on of equality and justice. And'this,
bill is one of the offsprings of their efforts ai
party tactics:
"The brood of party, without, father bred."
Sir, I have said the people have not asked
for this change.—The people are satisfied
with the present system. During my can-,
vass, in the summer, I never heard either
whig or democrat, say that he was dissatisfi¬
ed with the district system. And let me here
allude to a scene which I witnessed, and a
voice which I- heard in the senate chamber,
a few days ago. It was the voice of an old
man, high in the esteem of the democratic
party—but who has passed that period of life
when men are governed by interested mo¬
tives.—He expects no office—seeks- none,—
has no ambition above that of being permit¬
ted to die with a clear conscience. That ve-
nerable old man, when this bill was before
the senate, said—"I am a democrat—a Jack¬
son man—a sub-treasury and a Van Buren
man—but I am opposed to this bill: because,
when I left home, my people were contented
with the old system—if they were not, they
did not inform me of the fact."
Sir, should not this speak volumes to young
politicians? If '•'■trees have tonguesas
Shakspear says they have, let us give a
tongue to each of the gray hairs of tha,t o]d
man's head, and let them speak.
Sir, considering the professions of regard '
for the people, which we have so often heard
from the democratic party, we have reason to
be surprised, that such a proposition as is con
tained in this bill, should come from them—
particularly at this lime—just as the little ma¬
gician is about to retire to Kinderhook.—
VVhat do they expect to do by its aid? Do
they hope to sustain the sub-treasury by it?
Do they expect to conquer the people, now
that they have discovered that the people can
cope, single-handed, with a powerful and un¬
scrupulous administration ?
I discover in this bill, the secret determina¬
tion of a few baffled partizans, lo oppose the
coming administration—right or wrong; be¬
cause they have been too committal againsl it,
ever to hope to receive favor or reward at its
hands. A few master spirits, who have lost
their mastery, and been cloven down by the
people, are secretly determined to build them¬
selves up again, upon the foundation of the
gullabillity of their blind followers : and for
this purpose, maddened with defeat, and
glowing with pretended zeal, they have tail¬
ed the cry of party—and invoked the aid of
King Caucus—over/whose mid-night resolu¬
tions,
" Brooding darkness spreads his jealous wings."
Yes, sir. it is for the special benefit of a
few broken down politicians in South Alaba¬
ma, that this bill is to be foaced down the
throats of the people. It is to benefit gentle-llhought that the gctlcman referred to them mere
men, who, for their little twistings and turn- ly out of his love for the poetical images which
ings, would be entitled to everlasting retire-.they presented to the mind; or perhaps for the sake
ment,but for its.passage. And are the mem-Lf the musical sound of the word, avaknche!-
bers of the democratic party, on this floor,i , , , „M , . -
willing to aid in this dirty wo'rk?-to sacrifice java]anche! What word 13 30 soft
the inestimable privilege of protecting tlieiri^yr*°iaic?
so sweet—so
I say, sir, when I first heard of, them, I
people, in the enjoyment of their rights, for
th.e sake of ministering 10 the depraved ape-
tites of a few ambitious aspirants, who have
no considerations but self—no aims but suc¬
cess in their personal views? I trust not.
Sir, we have heard a great deal, in this
House, from time<to time, about relief laws.
There was a relief law passed, in IS37, and
in 1840—both perhaps of doubtful policy—
but both for the relief of the people—the whole
had no fears that they would be brought down Bp-
onus so soon. But lo! the glaciers are melting in
the heat of this party warfare, and these mighty
instruments of destruction, those sweeping ava¬
lanches are coming upon us with all their force and
powers! And while I am speaking of avalanches,
let me extend the picture a little. In the countries
where they do exist in reality—in the icy, and
snowy regions of Switzerland, when they do fall,
people. This bill looks to me more like a re- who are the sufferers? The lordly habitants of a,
lief law, than either of those reierred to.-S-|fadai cast]e? yg0; rp{JC rich, the noble, the proud,
Not to relieve the people, but to relieve those|t]-,0 aris;ooratic? No. It is the cottage of the pea-
few master spirits which I have alluded to,
in this, their imminent peril. It is to prevent
the destruction of some democrats who are
now m office—but whom the people will
hurl from station, so soon as they are permit¬
ted again to exercise their inestimable fran¬
chise— unless this bill takes that franchise a-
ivay. This bill is to save the infant of de- __ _ _ ^ _ f
mocracv, in the fourth congressional district.U u J-iu r J <. a- * u .
~ ■ , ' .i* i'ii j 7 • ff^rash with a frequent conflict: but ye pass,
Yes sir, an effort is made in this bill, to legis-1 . 7 , . „ ,. ,
late the people out of power, by legislating And onl^al1 on thtnSs tbat sLlU wouU lme;
their servants, who have betrayed and de¬
ceived them, into office! And yet this is pal¬
led democracy !! The people, who desire a
phange of officers, are defeated in their de¬
sires, by the all-omnipotent legislature—by
sant, the poor, the traveller, the defenceless. They
are the people who suffer from these crumbling
mountains of ice. Listen to the reflections of the-
poet: "Ye toppling crags of ice!
Ye avalanches whom a breath draws down,
In mountainous o'envhelming—
I hear ye momently above, beneath,
On the young flourishing forest, or the hut
And hamlet of the harmless vallager."
If such is the effect of the real avalanches, may
not the figure be carried out and applied to the ava-
their lanches boasted of by the gentleman from Law-
their servants, whom they send to do men r
will—and who preach democracy at the very rence—:for upon whom are they to fall—in the
moment they attempt to destroy it! contemplation of this bill? Not upon the few am-
And this relief which I speak of is to come now.'bitious aspirants—not upon the aristocracy of the
This is the moment—now or never—come quick, land—but upon the people, the hut and cabin of
do not waitfor the people. If you delay in bring-J tie harmless forrester. Yes, sir, it is by the aid
jng us this legislative aid now, it will be everlast- of those avalanches of the north that the people are
ingly too late; for it will not bear the scrutiny of a Jto be disfranchised and legislated out of their dcar-
sober second thought. Let it not be forgotten that est rights.
the relief laws of 1837 and 1840, were to sustain j And upon what pretence is this to be effected?
the Banks and relieve the people—so is this relief iThe Governor desires to carry out " the great ope-
bill, to sustain partizans at the expense of the peo- native principles of representative democratic gov-
ple. But, in the actual results of the relief laws ernment," and to do this, he finds it necessary to
referred to. both the banks and the people were in-.coccntrate the energies of the dominant party,
jured—so will this relief bill prove to be, in my be- ( He sets out with this proposition, " with a view
lief, the ruin of the partizans it seeks to sustain, and [to concentrate more perfectly the political energies
also of the democratic party. The people will not jo/ the State, (meaning party,)—I beg leave, re-
suffer the outrage. The energy of South Alabama spcetfully to suggest the propriety of changing the
will be roused lo the utmost, and the avalanches mode of electing members of Congress by districts,
with which we are threatened, will be hurled back and of substituting instead thereof the general tick-
to the mountains of the north, to the great morti
fication of those very gentlemen who desired to see
those frozen vandals cover and desolate our plains.
Sir, when I first heard of the avalanches of the
north, I had no absolute fears on the subject. I
ct system." This system he says gives to a ma¬
jority of the whole people of a Stale, at all times,
whatever may be their political opinions, the entire,
undivided weight of the whole representation in
Congress.
Here we are brought, to the merit of the whole
tnattcr. The object of the bill, (and it will not be
denied) is to give to the dominant party the whole
power and influence in the Congress of the United
States. And I would ask sir, which is the most
democratic mode; that which gives a portion of
the representation to each party, in the sections
where the one or the other may predominate, or
that which secures to the party in potver in the
State, the whole of the representation ? Let us
illustrate the practical operation of the Governor's
theory. There are in this Stale 33,991 democratic
votes, and 28,471 whig votes. The Governor's
ihcory, (which gives, in his own language, the
entire weight and influence of representation in
Congress to the dominant party in the State.)
would lead the representative to regard alone the
peculiar interests of the 33,991 democrats,at whose
hands he had received office, to the total neglect
of the 28,471 whigs ! Is it possible sir, that the
framers of our constitution ever contemplated such
a principle as this, in the theory of our representa¬
tive democratic government ? Sir, the only just
interpretation which you can give to'the language
and position of the Governor^is the majority are
alone to be represented, and the minority to be dis¬
franchised. The minority are stripped of every
right, except the right to contend—which right
becomes, under the Governor's theory, a mockery;
an oppression.
Upon the true principles of republicanism, sir,.I
contend that all the interests of a community,
should be represented. As the repicsentation now
stands in this State, let it remain. You have three,
we of the minority have two. This is just as it
should be, your33991votcs may entitle you to three,
we give them to you willingly. Our 28,471 votes
entitle us to two, let us keep them. Sir, there
could not be a better illustration, even in theory,
of the justice and equality of the district system,
than this, which I have just referred to—the pres¬
ent state of the parties in Alabama. The majority
and minority are represented, nearly according to
their number in Congress. But according to the
theory of the Governor, the minority arc entitled
0 none at all! Sir, they have no right whatever to he
represented—^because the power of the dominant
party, at this particular juncture, must be concen¬
trated, so as to give to the majority in the State
the whole of the influence in Congress.
Another objection which I have to this bill is, it
lessens the dependence of the representation up¬
on the people. It removes him further from tin
people. The entire representation would be sub-
servient alone to the will and wishes of the demo¬
cratic part}'—because from that party the power
emanates. The whig, nr. the minority party, are
denied the poor privilege of saying to a member of
Congress, we are your constituents. Or, if they
presume to claim the right or authority of a consti¬
tuency, the representative denies this right by
saying,ycu are not my constituents,because you did
not vote for me. They tvho gave me office are
my constituents, and no others ! Yes sir, to this
point the matter is reduced. The minority are
denied the unalienable right of a constituency!
The representative, under this system, is not de¬
pendent on the will or wishes of 64,000 freemen--
tj,ut only on one half of that number !
And where does the majority lie ? Is it scatter-,
ed over the State ? No sir, it lies in a particular
section ; under the mighty avalanches. These
frozen giants which have been brought to strut be¬
fore this House so often. The counties of Jack-,
son, Marshall, Blount, St. Clair, &A. &c. They
arc the regions of country which contain this ma¬
jority. They are the favored sections of country
which contain this majority. They arc the favor¬
ed sections—favored by the songs andpeans of the
Editor of the Flip Flap (Flag of the Union) for the
timely aid which they bring in, to meet and coun¬
teract the whig victories of the South ? You reduce
it down to this sir, Jackson county is to govern
Alabama ! Jackson county is to control the des¬
tinies of your State! The northern counties-
sir, would rale you with a rod of iron. Remember
sir, this system plants upon you the caucus policy.
The caucus elect—and not the people ! The peo¬
ple, blinded by party zeal,will vote for whomsoever
the caucus nominate !. And will not your north¬
ern counties occupy high places by the side of the
midnight monarch—King Caucus ? They would
occupy and surround the throne, and, acknow¬
ledging no power but their own, would make the-
nominations to suit themselves. They might go
on and favor the South for a while, but, about the
year 1842, they would inform certain gentlemen
of the south, that they need not expect any furth¬
er promotion ; wait, they will say, till county lines
are done awa.y with, and then, perhaps, you may
go to the legislature 1 And upon this, sir, we-
would have paraded before us another wise dis¬
covery by another learned Theban;-That, the more-
perfectly to concentrate the political energies of
the State, county lines must be abolished, and the
members to the legislature be elected by general
ticket! This is the very essence of genuine de¬
mocracy. In 1840, these northern gentlemen
: vould say, we abolished the district system—the
more perfectly to concentrate our power, but still
,he confounded whigs are in Congress! Why!
in 1841, the whigs had a majority legislature, and
instructed our men out on the bank question.
Then would come the thundering proposition:
The one hundred members of the legislature must
be elected by the whole people !!! Why ? Be¬
cause this is the only way to get the power from
the whigs! and to concentrate the political ener¬
gies of the State!
And to show, sir, that my allusion to the doing
away of county boundaries, is not imaginary, I
will show that the Governor must have contem¬
plated this end,—to carry out what he calls " the
great operative principle of representative govern¬
ment, and concentrate more perfectly the political
energies of the State."—To effect this in its full
extent, there would be a necessity for doing away
with county boundaries—for in his own language,
he tells us.—" In elections, whatever method is
most likely to obtain an expression of the will of
the majority and carry it out in practice, is most
congenial with the true theory of our form of gov¬
ernment." Can language be more expressive—
.more explicit. I suppose his Excellency means of
course, the modern democratic theory of govern¬
ment, "might gives right, and to the victors belong
the spoils."
And here let me refer to the proviso of the bill,
that each " district may have a member,"—Sir,
this is tacked on as a sort of bribe to the southern
democrats. But how long will this promise be re¬
garded ? only so long as it may please the majori¬
ty in .the north. And in the doing away of
county boundaries too, this same provision may
be inserted—that each county may have its usual
number of representatives selected from it. But
suppose there should be one county in the State in
which there was no democrat, what would be the
alternative ? Why sir, the dominant party would
float some stragglinglo co foco upon that county,
perhaps from Jackson, or Blount, where legislators
abound; and this straggler would, upon the gener¬
al ticket, be one of the one hundred representatives.
And speaking of promises, who is so capable to
make them as the democratic party? We have
had examples of this. Is not your President more
skilled in the art of promising, than any man you|
ever heard of? Has he not more regard for the
people-—the dear people, than any man in Amer.
ica ? Is he not the most economical little prince
that ever lorded it over a deluded country; and the
most determined in his resolution to retrench the
expenses of the government ? And when these
promises fail to be carried out, who so skilled in
excusing the non-performance? The President
confesses that the retrenchment and economical
reform of the government has not kept pace with
his most earnest desires:—but then their ate a
thousand reasons why. And ainoiigst the grcAl
est reasons, we find the troublesome and disas.
tcrous wars with the Florida Indians! The glo¬
ry of the country had to be sustained—and the
arms of the soldiery kept burnished up—all this it
very well, and I, for one, am disposed to give the
carpet hero all the praise he merits—who questions
his claim to the title of " Hero of three wars?"
" Van Buren! Ah! the hero's son!
What mighty battles has he won ?
He plays the devil with Cologne—
Kicks men from office,should he hate 'em,
And wades through oceans of pomatum!
He fought the currency, and beat;
He laid great Commerce at his feet;
And now, with General Growler's aid,
He makes the Simenoles afraid."
Thus stands your Hero! He is certainly entitled
to the name, for the distinguished services he has
rendered to his country.
But let us go back a moment, to his Excellency's
message. After recommending this general ticket
system, he seems to have been touched, all at once,
with a sudden scruple of counscience—perhaps be¬
cause he saw, in the perspective, the agrarian and
levelling lo co fo co influence of his theory, when
carried into full effect in the State, by blotting out
county lines:—and, by way of softening the influ¬
ence of such a conclusion in the minds of others;
he says—" If I have recommended any thing in¬
compatible with the public interests, the sure cor¬
rective will be found in the People."—Oh, yes sir,
there must be,in all the dishes which are prepared by
the leaders of the democracy,—a sugar plumb for
the people ! He confesses in his " kingly conde-
cention," that the people are capable of governing
themselves! Sir, the Governor is not entitled to
that discovery. If he claims it as original, he has
plagiarised the idea from the events of November.
Sir, I had hoped that the corrective which the
Governor speaks of, would have been found here
in this House—but I am mistaken.
Sir, in legislating for the people, and particular,
ly on questions of such vast importance as the
measure now before you, it becomes you to look
around and inquire, how, on matters of this sort,
do the older, wiser, and more experienced govern¬
ments act. What course do they pursue ? In
this inquiry sir, we find that in 26 of the United
States, twenty of them pursue the district system,
as the most republican. Only six pursue a differ¬
ent system, and in each of three of them only one
member of Congress is elected. Therefore it may
be said that only three out of the twenty-six States
elect by the general ticket plan. And how do we
find these States who arc most renowned for patri-
'iptisni. How is Virginia; how South Carolina;'
New York, Massachusetts,(the Bunker Hill State;)
all these with Tennessee, Ohio, and Kentucky, and
other of the oldest and wisest Statesin the Union,
pursue the District system. Why do they contin¬
ue in this course, if it is not republican—not State
rights? Perhaps they have hot seen the lights
which have suddenly flashed across the hrain of
the Democratic Governor of the State of Alabama!
Is not Virginia good authority now? She seems
to be democratic. Tennessee, would have been
good authority, one year ago. Ohio too, the next
largest State, she would have been good authority
one year ago. Alas! Ohio! the home of Chapman,
the great grower! Oh! that he was here to crow
over this immortal discovery of the democratic
Governor of Alabama! And what an elegant time
for crowing—now as Christmas is approaching,
I hope the shade of the departed philosopher will
pardon me for alluding to him on this occasion.—■
Nay, I feel assured that he will be gratified to be
associated, in recollection, with the immaculate
discoverer of this great secret in the theory of Dei
mocracy!
What would have been said of this measure, if it
had come from the Whig party in Ohio? I can tell
you, sir; they would say that the whigs were trying
to bring about an amalgamation, to form an aboli¬
tion majority in Congress. But, sir, I hope the
Whigs will not receive any credit for this demo,
cratic scheme.
What would be the effect of the passage of this
bill in all the States in the Union? In what an
attitude would the democrats stand in Congress?
What a woful minority would they present? They
would have not more than fifty or sixty members
he might begin, as is common, two or three hours'at most, in Congress! Did the Governor contem-
before mid-night! [Mr Spruell's speech was madejplate this result when he recommended this mea-
on Thursday, Christmas Eve.] And truely, sir,|sure? If this result would be the consequence of
it is no stretch of imagination to say, that this dis¬
covery is enough to excite the muscles of the throat
6f all the roosters in .the country. I have read re¬
cently, in the newspapers of the discovery of a
new world—but what is that in comparison to this
discovery in the theory of democracy? But it
seems, from the present instance, and from the past
too, that he who discovers, in the ordinary walks
of life, facts which other men had not been so for¬
tunate as to find out, isintitledto the most credit.
Sir Isaac Newton, for example, discovered in the
fall of an apple, the secret of gravitation. And
the passage of this bill by this Legislature, what a
different scene would be presented here? What
member of the democratic party would get up in
his place and say, with the Governor, that this
bill was necessary to concentrate the political en¬
ergies of the party? But the Whig party will never
adopt this measure; they oppose it in principle, and
there is no fear of the Whigs ever making such an
effort.
Mr Spruell concluded by saying, he had given
the outlines of what he intended to say, and would
not trouble the House with any further remarks.
(Debate to be continued.)
il^The Reporter committed an uninten¬
tional error,.in Mr. Spruill's speech, on the
General Ticket Bill. In speaking of the re¬
lief laws of 1837, and 1840, Mr. S. is made
tb say—they were " both, perhaps of doubt¬
ful policy." Mr. S., desires us to explain
that he did not look upon the laws referred
to, as of doubtful policy, hut on the contrary,
he had been, and was still in favor of those
relief measures.
9
DEBATE
on
THE. GENERAL TICKET BILL,
(continued.)
HOUSE OF REPRESENTATIVES.
Mr MOORS, of Marengo, said-
Mr Speaker: I propose, in a few remarks, to
discuss the merits of the General Ticket system;
and in the commencement of what I shall say up¬
on this subject, I am reminded of an occurrence
that happened in the convention which formed the
Federal Constitution: whilst the various proposi¬
tions were under discussion, and whilst party feel¬
ings, and local prejudices, were raging to such a
height that there was great danger that the con¬
vention would dissolve, without accomplishing the
objects for which it had assembled, Dr Franklin
rose and observed, that he should move ap ad¬
journment, but before making that motion, would
just propose that the convention be opened every
morning, by prayers, in order that the influences
of religion might aid. in allaying that violence of
party feeling, which was likely to ruin their delibe¬
rations; and if some Democratic member would,!
with-the same holy and patriotic view, make a sim.'
ilar movement here, I have no doubt, that a much 1
more calm and dispationate disposition would be
made of the important measure now before us,
than is likely to be done, in the present excited
state of the house. ]
It will be recollected by the old members of this 1
House, that two years ago, this samfe General
Ticket system was proposed, and then the Demo, i
cratic party were violently opposed to it. The :
Journal of the House of Representatives for the '
year 1838, page 105, says, that the House took up, 1
on its second reading, "the bill to alter and change
the manner of electing, members to the Congress
of the United States from the State of Alabama"— '
Mr Priest, (a member from Lawrence county)
moved to postpone the bill until the 1st day of
February; which motion was decided in. the affirm-1
ative. Yeas 52—Nays 26.
Among the yeas, and of those who were then 1
opposed to the General Ticket system., I recog,:
nize the name of the Hon. Speaker.
[Here the Speaker left his £hair, and asked to.
explain: He said:
Mr Chairman: I can explain, in a very fevy
words, the reason of my change of opinion, on this
question. Two years ago, there was no probabili¬
ty that the minority of this State would rule the
tnainritv. anfl Vinvfi in C!<vnnrrf»SR mnrm vntoR nrwl in_
fluence th^n the majority. Upon the democratic
principle, on which I have always acted, I now
place my support of this bill. If the district sys¬
tem continues to prevail, sir, the party who have a
majority of 5,000 votes and more in this State, will
have only two members of Congress, while the
( Whig party will have three.]
Mr Moors continued:—I also perceive that
my old friend from Morgan, whose democracy no
one ever questioned, also voted in the affirmative.
[Here Mr McClanahan also, asked leave to ex¬
plain: He said he voted upon this bill now by the
express instruction which he had received from
the people of his county.]
Mr Moors continued:—
I find among the affirmative voters, the name
of Mr Moore of Mad. I wonder what new light has
burst upoq the intellect of the Hon. member fron;
Madison.
[Here Mr Clemens asked to explain for his col¬
league, (Mr Moore of M. being in the Chair)
Mr. Clemens said, Mr Chairman, I will explaiq
to the hon. member from Marengo, the reason of
your present vote, and of mine also; we are instruct¬
ed by our constituents to vote for this bill. At the
time the vote referred to was given, I presume
there was no such obligation resting upon you,]
Mr Moors continued—I find also, the name of
the gentleman from Limestone, set down as op,
posed to the bill two years ago; but now he is one
of its first and staunchest defenders.
[Here Mr Wynn asked leave to explain—an<f
gave pretty much the same excuse for his change,
as the other gentlemen to whom Mr Moors had al¬
luded. These explanations created a good deal of
amusement, and showed very clearly that the gen¬
tlemen were all taken somewhat by surprise by the
far searching gentleman who had brought the very
disagreeable old journal into the House.]
* Mr Moors continued:—How Democrats, two
years since could oppose a measure which they now
so warmly advocate; and retain any claim to con¬
sistency of political conduct, is strange, passing
strange; if the bill ought to pass now, it at least
should have been supported by them, and I would
ask in all candor, what change has come ovei;.
"The spirit of thejr dreams"—
I know, Mr Speaker, that a specious argument in
favor, of this measure, is drawn from the fact, that
the democrats have a majority of some 5,500 votes
in the State, and consequently are entitled to more
than two representatives, wliich is all that they
will get under the present district system; but, sir,
why (lo they not propose an alteration in the dis-1
tricts; for it would not be at all difficult for the ma¬
jority in this House, so to alter the present dis¬
tricts, as to ensure them three representatives: but
no, that would not answer the purposes of the par¬
ty: provision must be made for a numerous gang of
hungry aspirants for office; an equal distribution of
offices would not satisfy the rapacity of all their dis¬
appointed and defeated expectants; they must have
the Lion's share of the prey—our present Whig re¬
presentatives must be legislated out of office.
Mr Speaker—I am opposed to the General Tick¬
et system, because I believe it is contrary to the
spirit of our free institutions. From the day our
pilgrim fathers landed on Plymouth's rock, the
right of immediate and direct representation, has
been contended for; our collonial assemblies, were
made up of delegates from towns, boroughs and
districts. As Colonies, we contended with the mo¬
ther country, for the right of representation; and
in that memorable document, (the Declaration of
Independence,) which finally dissevered us from
Great Britain, one of the reasons assigned, and one
of the complaints urged against George the Third
and his Government, was, that he refused to pass
laws for the accommodation of large districts of
people, unless those people would relinquish the
right of representation in the legislature—"a right
inestimable to them, and formidable to tyrants only.'
The effect of the bill now under consideration,
may be, and probably will be, to disfranchise the
south, and enable the north to elect representa¬
tives for the south—thus virtually deprising the
south of any representation, and indirectly produc¬
ing the very effect which caused us to complain
against the British King. The federal constitu¬
tion, as all agree was, the result of a compromise
of the interests and views, and feelings of the dif¬
ferent States which compose now, this great con¬
federacy; and in the Executive department, some
of the features of Monarchy are detained. In the
Senate, aristocratical features exist; and in the Re¬
presentative branch of the federal government,
there exists that democratic feature, which ren¬
ders our government, truly a republic. Repre¬
sentation under the articles of confederation, was
essentially different from what it is under the con¬
stitution. By the provisions of the 5th article,
and 2d paragraph, of the articles cf confederation,
no State was allowed to send less than two nor
more than seven members to Congress. By the
provisions of the constitution, (article 1, sect. 2,)
the House of Representatives is to be composed of
members chosen every second year, by (he people
of the several States; and here an important inqui¬
ry arises, and one which has a direct bearing upon
the question under discussion, viz: What did thefra-
mers of the constitution mean, when they declared
that the House of Representatives should be com¬
posed of members chosen by the people? They
certainly did not mean that the State should be
represented; for the State in her sovereign capaci-
ty, is represented in the Senate; and there each
State is equally represented. Delaware having
as much weight and influence as New-York.
Without going *into a lengthened argument to
sustain the position here assumed, I shall content
myself by calling the attention of the House to the
remarks of one of the framers of the constitution:
Mr Sherman observed, that as the people ought to
have the election of one of the branches of the le¬
gislature, the legtslature of each State ought to
have the eleetion ef the second branch in order to
preserve the State sovereignty, and that each State
ought in this branch to have one. vote."—See Se¬
cret proceedings and debates of the Convention
in 1787.
If then, the States are represented in the Con¬
gress of the United States, by the Senate, as to
their sovereignty, then let us inquire, what was the
object of the first branch of the national legisla-;
ture, which was to be chosen by the people; wheth.
or the District or General Ticket system, was de¬
signed by those sages and patriots, who formed our
constitution. It is sufficiently obvious from what
has been before said, as indeed from the very
words of the constitution itself, that the first
branch of the national legislature, or the House of
Representatives, was designed to representthe peo¬
ple and ndt the States; and then, as wc believe,
the only remaining question is, are the people ag¬
gregately to elect representatives, or, was it design¬
ed that eadh State should be districted, and each
district elect its representative? I frankly acknow¬
ledge, that the latter seems to me to be the true po¬
sitions. It is known by those who are at all con¬
versant with the proceedings of the Federal Con-
vention, that Mr Edmund Randolph, a delegate
from Virginia, submitted to the Convention early
after it was organized, a set of resolutions, which
formed the basis of our present constitution. Mr
Mi Randolph's 4th resolution is in these words:—
"The membere of the first branch of the national
legislature ought to be elected by the people of the
several States."
Mr Pinckney, a delegate to the Convention from
South Carolina, presented a draft of a Federal
Constitution; the 3d article of which reads thus:
"The members of the House of Delegates shall
be chosen every year by the people of rhc several
States."
11
The resolutions of Mr Randolph, the draft of Mr
Pinckney, and the propositions of Mr Patterson of
New-Jersey, as amended, altered and agreed to in
committee of the whole House, was substantially
the same, to wit: That the members of the first
branch of the national legislature ought to be elect
ed by the people of the several States.
By reference to our constitution (article 1st, sec-
2d,) the House will perceive, that the very word;
of the above resolutions are retained.
To further illustrate what the convention mean
by the words, "chosen by the people of the several
States." I beg leave to call the attention of the
House to some of the arguments used by the dele¬
gates in conventions.
And first, I invoke the attention of the House,
to the remaks of Mr Wilson, a member of the Con¬
vention from old republican Pennsylvania. Mr
Wilson was of opinion, that the national legislative
powers ought to flow immediately from the people,
so as to contain all their understanding, and be an
exact transcript of their minds.—(Secret proceed¬
ings, page 111.)
How, I would ask, could a represenative from
Jackson county, be an exact transcript of the minds
of thecitizens now represented by Mr Dillet.
Again, whilst debating the aesolution, viz: that
the members of the first branch of the national le¬
gislature ought to be elected by the people of the
members of the assembly being elected by the peo¬
ple, that the idea of districts constantly occurred
to him.
But I am not done with authorities upon this
subject yet. The author of tho Virginia resolu¬
tions has spoken upon this matter, in a language
so plain and intelligible, that no one can mistake
his notions.
In the 52d No. of the Federalist, Mr Madison,
in speaking of the House of Representatives, uses
the following language.
"As it is .essential to liberty, that the govern¬
ment in general, should have a common interest
with the people, so it is particularly essential, that
the branch of it under consideration, should have
an immediate dependence on, and an intimate sym¬
pathy with the people"
Establish the General Ticket system, and the
representative will neither depend immediately on
the people, nor will that intimate sympathy exist
which m Mr Madison's opinion was particularly
essential to liberty.
The 56th No. of the same work above referred
to, the same author uses this language: "Divide
the largest State into 10 or 12 districts, and it will
be found that there will be no peculiar local inter¬
est, in cither which will not be within the know¬
ledge of the representative of the district."
Again, in the 62d No. of same book, Mr Madi-
scveral States, Mr Pinckney says—"I move that son observes, "If, indeed, it be right that among a
the members of the first branch be appointed in people thoroughly incorporated into one nation,
'every district ought to have a proportional share in
tho government." &.c. Thus it will be observed,
that Mr Madison, whenever he talks of representa¬
tion by the people, the idea of districts constantly
obtrudes upon him; and indeed, if his authority
such manner as the several State legislatures shall
direct, instead of the mode reported. If this mo¬
tion is not agreed to, the other will operate with
great difficulty if not injustice. If you make dis¬
trict elections and join as I presume you must, ma¬
ny counties in one district, the largest county will'is worth any thing, then this House cannot pass
carry the election"—And Mr Madison says—"I the bill before it, unless it be done in direct opposi-
oppose the motion," &c. (Secret Proceedings, page tion to the express and declared opinions of that
159.)
Thus the House will perceive, that Mr Pinckney
opposed that part of our present constitution, and
proposed to amend it upon the very ground that
you must have districts.
Mr Hamilton also proposed a plan of a constitu¬
tion; and the 3d section of his plan is as follows:—
•The assembly to consist of persons elected by the
people to serve for three yeas. His remarks upon
the above proposition, are, "that the assembly to bo
elected for three years by the people in districts—
the Senate by Electors.
146.
Thus you perceive that Mr Hamilton, federalist
unblemished republican, Ja's Madison, whose wri¬
tings I have just read.
Representation by msans of the General Ticket
system, is as bad^ if inded it is not worse, than re¬
presentation in England. As proposed in this law,
it is pretended that there is free representation,
whilst in reality the Whig party, amounting to
some 23 thousand voters, will be either unrepre¬
sented or misrepresented. The representatives of
the inhabitants of England and Scotland in the
House of Commons, amount to 558—of this num-
Secrct proceedings, page ber, one ninth, or 62 members, are elected by
364 persons, and one half by some 5,500 persons;
thus leaving the mass of the population unrepre-
as he was, and as much in -favor of a vigorous and sen ted. But uuder the operations of the General
strong government, as he may have been—yet. Ticket system, nearly one half of the voters, and
when he proposed or talked of representatives orliinre than one half of the whole population will go
unrepresented. In England, there is no decep¬
tion about the matter, the laws are as they have
been for ages, but here we are deceived and told
that you must not oppose the bill because forsooth
it is a democratic measure. The British parlia¬
ment in the plenitude of its power, and by an act
of tyranny, has upon several occasions, changed
the fundamental articles of the government. They
have several times changed the period of elections.
In the last instance, from triennial to septiennial
elections; and if this bill passes, I should not be
surprised if thetyranniealmajorityofthisHou.se,
should enact a law to continue them in power,
even beyond the time prescribed by our constitu¬
tion. The federal constitution prescribes that re¬
presentatives and direct taxes, shall be apportion¬
ed among the several States according to their re¬
spective numbers, counting three-fifths of the slave
population. The very idea of apportionment, con¬
veys to my mind the idea of the district system,
but I propose now to show that the General Ticket
system will operate unjustly and improperly in yiew
of her slave population. I know that it is an un¬
popular doctrine, to say that property should be
taken into consideration upon a question of repre¬
sentation, and I know that the gentleman from
Lawrence, Mr Saunders, made a fine demagoguei-
cal speech, when he deprecated the idea of proper¬
ty entitling people to representation, but I am sat¬
isfied also that the doctrine is not only constitu¬
tional, but republican.
Mr Madison, (Federalist No. 54) says, that "go¬
vernment is entitled no less for the protection of
property than of the persons of individuals." The
same great man in his speech in the Virginia Con¬
vention, hojds the same language. (See Niles' Re¬
gister, vol. 37, p. 259:) Ho says, whether there¬
fore, we be fixing a basis of representation for the
one branch or the other of our legislature, or for
both, in a combination with other principles, the
federal ratio is a favorite resource with me."
Another venerable President, who was a mem¬
ber of the same Convention, viz: Mr Monroe ad¬
vances the same doctrine. (See'Niles.) "I only
say that representation should bo based on the
white populatiou, with some reasonable protection
for property."
The amended constitution of Virginia upon this
subject, uses the very language of the Federal Con¬
stitution, which is as follows: The whole number
of members to which the State may at any time be
entitled in the House of Representatives of the U.
States, shall be apportioned as nearly as may be,
amongst the several counties, cities, boroughs and
towns of the State, according to their respective
numbers, which shall be determined by adding to
the whole number of free persons, including those
bound to service for a term of years, andcxcluding
Indians not taxed, three fifths of all other persons.
Com. Ver. Arti. 3. Section 5.
If then it be true, that our slaves should
be taken into consideration, in urging our
rights to representation in the Congress of the U.
States, let us examine for a moment how this Gen¬
eral Ticket system will operate: And first I will
observe, that the whole negro population of Ala¬
bama may be set down in round numbers at 225,-
000, which is not far from the truth—three-fifths
of this 225,000 will amount to 135 thousand, and
according to the present ratio, which entitles us-to
a representative for every 47 thousand (nearly,)
we perceive that our negro population, in fact,
gives us tbree representatives in Congress, which
we would not otherwise be entitled to. Where, let
me ask, does this negro population reside, in the
democratic portion of the State, who are favoring
this measure, or are they mainly in the Whig coun¬
ties? Let facts testify. In Chapman's Congres¬
sional District, there are about 25,000-slaves. In
Hubbard's, which is the 2d Congressional District,
there arc about 26,000; which united, only make
about 51,000, three-fifths of which would only
amount to a fraction of 30,000 which are entitled to
representation. In the 3d District, represented by
Crabb, there is a slave population of near 65 thou¬
sand. In the 4th, or Mr Lewis' District, the
slaves amount to something like 45 thousand. In
the 5th, or Mr Dellet's District, there are 55,000
slaves; which united, make a black population in.
the three Southern Districts, which are now Whig
Districts, of 165 thousand; three-fifths of which
give us a population of nearly 100,000 persons en-
titled to representation, and which alone would en¬
title us to two representatives in Congress of the
United States.
In my District, which is the 5th, Mr Dellet, a
choice of a majority of the voters of that district,
not only properly represents the wishes of the ma-,
jority of white voters, but likewise properly repre¬
sents the property of said district. This js the re¬
sult of electtng our representatives by districts,
but change the plan as that bill proposes,- and the
democratic county of Jackson, chooses for the 5th
District a person unknown to us, one who js not re-
sponsible to us, one for whom we have not Voted,
and consequently, one will neither represent us or
our property.
To illustrate my views upon this subject farther,
Greene county is entitled to a representation in
Congress for at least 18,000 thousand souls, Jack¬
son county is entitled to a representation for about
15,000 persons; yet under the operations of the
General Ticket system, with a population less than
that of Greene, which by our constitution requires
to be represented, Jackson county will have an in-
fluence in a ratio as 15 is to 20.
Again: When a State tax was collected in the
different counties, Jackson county paid some four
hundred dollars, and Marengo some eighteen hun¬
dred dollars, yet under the operations of this odi¬
ous General Ticket system, the former will have
an influence in electing a member of Congress for
the latter as 20 is to 8.
Could any project be more unjust, could any
proposition be more glaringly wrong? I could di¬
late and exemplify to a much greater extent, but
have, I think, said enough to convince any dispas¬
sionate mind, that in the adoption of this measure,
the Sounthefn counties are to be disfranchised.
It is said that this measure should pass, because
it is right arid proper that majorities should rule,—
and this is the only reason, that as yet, its advo¬
cates have urged in favor of its passage.
To the proposition that majorities should invari¬
ably rule, I beg here in my place, to enter my dis¬
sent, and give the reasons for that dissent: Mr
Madison, wMo has aiready been so often referred
to, says, in one of his speeches^ (See Niles' Regis¬
ter, vcl. 37, p. 259.) In monarchies, the interests
and happiness of all may be sacrificed to the ca-
prjees and passions of a despot. In aristocracies,
the rights and welfare of the many may be sacri¬
ficed to the pride and cupidity of the few. In re-
publics, the great danger is, that the majarity may
hot sufficiently respect the rights of the minority.
Mr Jefferson in his notes on the State of Vir¬
ginia, page 195, in speaking of a despotic govern¬
ment, observes that, "it will be no alleviation for
despotic powers to be exercised by a plurality of
hands and not by a single one—one hundred and
seventy-three despots would surely be as oppres¬
sive as one. Let those who doubt it, turn their
eyes on the republic of Venice."
The framers of our federal constitution were
well apprized of those truths, hence we see in ma¬
ny parts of that instrument, that certain powers
are placed beyond even the reach of legislative ma¬
jorities. Hence no expost facto law, no law es¬
tablishing a religion, no law prohibiting the free¬
dom of speech or of the press, can be passed by
any sort of a majority in the Congress of the Uni¬
ted States.
. The constitution of the State of Alabama has
similar provisions, and others superadded; hence,
banks in our State cannot be chartered, but by a
concurrence of two thirds of each branch of the
General Assembly. Two thirds are also required
before amendments can be proposed to the consti¬
tution. Four fifths before the constitutional rule
requiring bills to be read on three several days can
be dispensed with, &c. Many more examples might
be given, both from the federal and our State con¬
stitution, which would certainly prove the posi¬
tion I have assumed to be true, that neither the
State nor Federal Constitution were designed that
majoiities should invariably rule. What then, let
me ask, induces a bare majority in this House to
urge with such pertinacity the passage of a law
which alters so materially a law which has existed
ever since we were admitted into the Union? Are
they fearful that the present small majority will
diminish from scrutiny and discussion of the mea¬
sure or are they goaded on by revenge! because the
Whig party has been so successful in defeating
their candidate for the Presidency, or are they in¬
fluenced by that baser passion still, the love of pow¬
er and office? I would call upon the party to
pause, your majority is small, if the measure pro¬
posed was calculated to benefit our State, it would
certainly have more friends. I would ask, is it
wise, is it good policy, to force a law upon the
State which has much opposition? Is it patriotic,
is it in accordance with the great charter of our
liberties to place upon your statute book a measure
which nearly one half of the inhabitants of your
State are opposed to and look upon as oppressive
and tyrannical. *
I call upon the democratic party to look round
at our sister States—why has not South Carolina,
the land of Lowndes and Pinckney, passed such a
law? Look at the native State of Washington,
Jefferson, Madison, Monroe, Henry and others,
why has riot the Old Dominion found out that the
General Ticket system is a democratic measure?
Look at Kentucky, the home of the Hero of King's
mountain, and look at Tennessee, where the tool
of your party resides, no such a law as the one on
your table disgraces the statute book of either Ten¬
nessee or Kentucky.
But, Mr Speaker, it requires no great stretch of
the human understanding to account for the efforts
now made to enact into a law, the bill on your ta¬
ble; it is neither dictated by patriotism, nor sup¬
ported by calm reasoning, it is the result of that
same party feeling, which in the Hippodrones
drenched the plains of Constantinople in blood. It
is the effect of that same party feeling, which ac¬
tuated the contending houses of York and Lan¬
caster, to spill the best blood of the British realm.
The bill, sir, originated from party feeling, is at¬
tempted to be urged through the House with an
indecent haste, by the same party drill. I would
most urgently call upon the more reflecting portion
of the dominant party, to read the Farewell Ad-
dress of the Father of his country, to divest them¬
selves of that partisan feeling which is raging in
their bosoms;
"More fierce, more inexorable far,
Than empty tigers or the raging sea:"
And ask themselves, in the calmness of philosophi¬
cal reasoning is the measure just, is it right?
Finally, Mr Speaker, we call upon you, sir, and
the democratic party, not to disfranchise us; we
Appeal to your magnanimity and justice against
the measure. VVc conjure you as citizens of thi
same State, as friends connected by the same so.
cial tics, and as freemen burning with the same
love of country, not to force us in the language of
stern, but indomitable independence, to declare
that if this oppressive measure is passed over our
heads, that we look upon you as we do all tyrants,
as enemies—to be opposed and contended against
as long as a drop of the blood of our revolutionary
sires course through our veins.
J
DEBATE
ON
THE GENERAL TICKET BILL.
HOUSE OF REPRESENTATIVES.
December 28.
Mr. HUTCHINSON said—Mr. Speaker, when
I took my seat as a member npon this floor, I had
hoped that the angry party feeling which has
marked the late political canvass for thcPresidcncy,
would have passed away with the occasion that
excited it, and thatjicre wc might have met as a
common brotherhood, and forgetting those differ¬
ences in opinion upon national politics, have unit¬
ed and co-operated for the common interests and
welfare of the State. Ycf, althougusir, I had the
honor of acting in the late great political contest
on the triumphant side of the people againct their
rulers ; and although that peopie had so signally
rebuked the thousand calumnies and slanders
against their candidate, yet I was prepared to
meet gentlemen of this legislature upon more than
half way ground, to extend to them the hand of
amity, and to say, let farther controversy between
us cease, the coming Administration is an untried
one,—condemn it not in advance—and although,
we have every confidence in its integrity, firmness,
and patriotism—yet will we admit for the sake of
compromise, that after all it may deceive our ex¬
pectations; should it do so, we will unhesitatingly
assist you in reforming or destroying it. But if, on
the other hand, it should prove such as we have
imagined and promised you, then lay down your
arms of opposition and assist us in maintaining and
supporting such Administration as shall be char¬
acterised by wisdom, prudence, and a single eye to
the great interests of the , :i - i-try. Sir, this
was the spirit in which the Whig party of this
State emerged from the stormy contest which lias
resulted in such signal defeat to our opponents
throughout the entire country.
But how was this generous spirit met by the
dominant party in these halls ? A spirit of rancoi,
of party vengeance and proscription hitherto un¬
precedented in this State, seemed to engross the
souls of gentlemen of both branches of this Gener¬
al Assembly. Every office from the highest to the
lowest, sometimes to the total disregard of qualifi¬
cations, is made a matter for the rally of the party.
But this is not all, your house had not been organ¬
ized by the appointment of appropriate Committees,
many members hud not yet arrived, and those who
were here were not warm in their seats, before it is
proposed to go into the election of an nflW-r, the
• )
most, important in the State and the highest in tin
gift of this Legislature.—Yes, although on the eve
of a great national election which was to bring to
members here the most recently expressed will ol
their constituents, and though the minority only
asked for time till the people of the several counties
of this State could be heard from, yet even this was
denied to us, and to the people, and the election of
U. States Senator was forced upon us. I am not
going, sir, to describe the scenes then exhibited
here. I would to God I could blot their record
from your journals forever!
Why, I would ask, this indecent haste? Why,
this great unanimity in the Democratic ranks ?
And why now is the great and important business
before this Legislature to be laid aside and neglec¬
ted, and all tilings to give way to the sudden desire
to pass t'lis bill, without discussion or examination
into its merits. How have the various opinions of
different Democratic members so opposed to the
passage of this bill early in the session, been recon¬
ciled ? 'Tis true the proposition came from the
Executive on the opening of the session, and was
referred to a committee of this House, but all
thought it would meet the fate other extraordinary
and inexpedient measures of his Excellency had
so often shared in this body. Seven weeks have
passed and that committe makes no report. Six
weeks passed before we hear any thing more of
this favorite measure than the dissatisfaction of
both Whigs and Democrats, so often expressed, and
then it makes its appearance in the form of the bill
now before us, in the other end of the capitol. And
what brought it so suddenly before this Legislature
and secured for it so instantaneously the support
of gentlemen hitherto opposed to it? Why such
anxiety to press this matter during the Christmas
holidays u'hen there are so many Whig seats va¬
cant ? Mr. Speaker, I would net wontonly wound
the feelings of any gentrcnian on this floor, but a
sense of duty and candor compels me to speak
boldly and fearlessly the language of plain sober¬
ness and truth. I know I am addressing a stocked
jury, I feel that the decision of this great question,
a question of disfranchisement of those I have the
honor to represent here, has already passed with¬
out inquiry into its merits, a much more command¬
ing tribunal than this body. I allude sir, to King
Caucus, a power th it has reared his frightful head
among us and from whose midnight decisions no
member dares to appeal, and whose mandate none
h,,c the courage to disobey. I was early taught to
condcm caucusses, as anti-republican, as lodging
in the hands of a few the rights and interests of
the many; but never until this session of the legis¬
lature, had I viewed them in their own naked de-
form'ty. Why, sir, these decisions ofKingCau-'
cus are the supreme law of the land, a power vast,
ly above that of your Constitution, because always
ready with a judgment for every case—indeed they
are omnipotent.
Well did the lamented and venerable Macon, (a
name that should be honored by every Democratic
Republican) remark " that he had attended but one
Caucus and would never attend another, for he
found it noplace for an honest man
I was peculiarly struck with an idea that came
to my mind while the gentleman from Pickens,
(•Mr. Spruell) was speaking; after reiterating the
shabby apology of the Governor, that this General
Ticket plan was " for the pur-pose o f concentrating
more perfectly the political energies of the State,"
he remarked that the time might come when it
would be found necessary to abolish county boun¬
daries for the same party purpose ! Might did he
say, sir ? I tell him that they are virtually abolish¬
ed already! Sir, we are but now going through
the forms of legislation. The bill before us is even
now the law.—It was sanctioaed by the Tyrant
Cauces, in yonder bnilding, well known by its
new appellation of Tammany Hall, at an hour too,
well suited to this deed of darkness, for its boldest
advocates would not let the light of Heaven shine
upon the foul deed by which one section of this
State disfranchised another section ; and now it is
brought here in maturity, to pass through, in far¬
cical solemnity, the forms of the constitution.
And where let me ask, were the representatives
of the people when this midnight deed was perpe¬
trated ? Who then raised his protest in behalf of
those I have the honor in part to represent ?—Who
there stood forth tho champion of South Alabama,
when her dearest rights were prostrated ? Where
then was the representation of southern counties
secured to them in the constitution ? Where the
guaranty of being heard and represented in all
matters of general welfare? None,' none were
permitted to be there, but they who dared not to
dissent, and who could coldly view the very con¬
stitution itself protratc at the feet of this omnipo¬
tent tyrant, King Caucus.
Having thus summarily glanced at the circum¬
stances which brought about the reception of this
measure into your legislature, I will now proceed
to give my objections to the bill itself. First, then
it is contrary to that spirit of Republican Demo¬
cracy which is tho boast of our Government.
In the formation of our Government it. was in.
tended to combine the wisdom and experience of
ages with the Democratic spirit of a free people,
and the House of Representatives, the most numer¬
ous and powerful part of our Government, was the
Democratic branch. In a pure Democracy, the
people meet " en masse" and form their own laws,
and every citizen is a legislator; but in a country
like ours, this was impracticable, and our ancestors,
covered with the wounds of the Revolution, well
knew how to appreciate the blessings of freedom
when the people are themselves the sovereigns,
and they incorporated into the system of Govern¬
ment that feature which should most nearly resem¬
ble a pure Democracy, by having every variety of
interest represented by agents selected by the peo¬
ple themselves. Of course, then, that system which
will present the greatest variety of intescsts most
nearly approximates to the •Democratic feature,
where all would have a voice in the Government.
And the District system, which provides that
wherever the requisite number of citizens are found
there shall be chosen the Representative, is the on¬
ly one which will enable us truly to put in practice
this, the Democratic principle and spirit of our
Government. But if the interests of South Ala¬
bama be a minority interest, have they not aright
upon the principle of sheer justice alone, to be re¬
presented in your Congress, when it cannot be de¬
nied that it is the slave property of the south which
entitles the Stale to five Representatives. To them
you are indebted for the number of Representatives
you send, and yet this bill proposes to give the pow¬
er of selecting the representatives of this property
to those who, holding none of that interest, live
far distant from the people whose rights and pro¬
perty your Federal compact has thus secured and
protected. Will it not be a virtual abandonment,
upon our part, of the principle in the constitution
which guarantees to us such representation, to allow
the stranger to choose it for us? But again, the dis¬
trict plan must have been contemplated in the ap¬
portionment ratified in our fedaral compact, for it
gives to every certain number of individuals the
right of a Representative, without regard to State •
lines or State limits.
But compare the two systems in their practical
operation upon the rights and morals of the people.
The district plan is eminently suited to our people
and institutions, for while it takes from them one
of their own number to represent those who are his
friends andneighbors; one whosecvery sympathy is
for their immediate interests, and thus secures the
wisest &, best guaranty of a faithful representative ;
it makes the representative amenable to those with
with whom he lives; but reverse the picture: the ge¬
neral ticket scheme makes the stranger the represen¬
tative of a people he docs not know, whose interests
he docs not feel, and who has no sympathies in com¬
mon with them, though indeed he may live among
those whom he is most peculiarly called upon tore.
17
present, (for your bill most wisely provides that thejadopted the plan of electing the Representative
representative m&y live among his constituents) yet
he is hot accountable to them for his conduct, indeed
he owes his election to the people of a distant section
of the State, and it is to them alone lie is held re¬
sponsible for the misrepresentation of his District
by Districts, three others, electing only one Repre-
sental.ive have not yet given an evidence of theii
preference, and there arc but five States in lh(
whole Union who sustain the plain of electing by
General Ticket, and one of these was recently dis-
and his neighbors. Here,-then, is one selec'ced|franchised at Washington by party machinery for
from each District by those who are strangers both not electing those of the right stripe
to his virtues and his vices, and, as will be the case
in South Alabama, (for the very intent of the bill is
to elevate those whom the people have repudiated
and rejected,) they will become the masters and
petty tyrants of the people, instead of their servants
and agents.
Again, the General Ticket system is demoraliz¬
ing in its tendency, for under it the great claim to
preferment will be such as the most soulless, boiste¬
rous & noisy partizan may most successfully assert.
The private virtues of the kind ncirghbor and unas-
sumingcitizcn are neither known or heeded. He who
Suppose that all the States of this Union were
to make the important discovery so recently made
in these Halls, that the District system was con-
trary to the constitution, or in the partizan zeal of
his Excellency were to determine that it was re¬
quisite at this particular time, " the more perfectly
to concentrate the political energies of the State,"
and to adopt the General Ticket system for tha-t
purpose, how would this grand democratic con¬
centration stand ? Why, sir, there would be the
aggregate amount, Alabama includ; d, and all told,
of 16 democratic votes in the Representative branch
would be most unprincipled in the support of party, of Congress against 196 Whigs. A single Whig
and the most reckless and noisy in the denuncia¬
tion of his opponents, would be in the surest road
to'misrepresent and tyranise over the people.
Again sir, that' anti-Republican .power of which
I have before spoken, that hideous and unsightly
tyrant, Caucus, would have full and entire sway
under this system. It would be the only power
that could decide without appeal, the claims of the
hungry aspirants, who, driven from their federal
hives by the voice of the mighty people, would in¬
fest your State and startle your citizens with the
impudence with which they would assert their
State, the Empire State alone would nearly bal¬
ance the whole of your " political energies! and
that proud, party which exercises its petty tyranny
wherever it has power and which has been made
to sing so small" in the recent great contest for
the Presidency, would only sigh from its little soul
.amid the deafening voice of the great Whig party ?
Rut should the Whig party in their several States
adopt a course like yours, would it be fair, just,
generous or republican? No, sir; the whole air
would be rent with desecrations against such party
violence and malignity, and many an honest fe-
claims to a petty tyranny at home. To King'publican Whig would join your undivided phalanx
Caucus then all eyes would be turned, and thcrejin opposing such a monstrous measure. I for one,
in an assembly composed of the very aspirants dear to me as is the name of Whig, associated as it
themselves, would such a compromise of the peo-'is with all that is daring in the field or patriotic in
pie's rights take place as to elevate those most ob-jcouncil and cabinet, connecting as it does the glo>.
noxious, and at the same time secure by purchase rious and perilous days of Seventy-six with the
with the people's funds, the disaffected and disap- scarcely less important and victorious achievements
pointed. J of eightccxi hundred and forty, yet could the party
Previous to every election it is contemplated bjrj with whom I am associated thus dishonor that
the friends of the bill, and it must necessarily he its name of spotless patiiotism, I would unhesitatingly
practical operation, that a caucus must be held tojrenounce it and despise those who had so foully
settle conflicting claims, and this caucus settles as prostituted it.
effectually the representation of the people as if to But let gentlemen remember that wrong begets
them had been confided the whole power of the wrong, and that it is not always virtue patiently
elebtive franchise. Arc these not valid objections and without retaliation, to submit to outrage and
with every republic an against such a system ! Ob- injury.
jections which have not existed and would not ex¬
ist under the District system, and which arc boast-
ingly made the chief merit of this measure.
But, sir, is not something due to the wisdom,
Sir, I have not lost all hope of a returning sense
of justice on the part of members of this House—I
know that with many the party cords bind to gal¬
ling, and the late scones in the Senate do honor
experience and practice of other States in this mi- to some of those who are numbered in the Demo-
ion, to say nothing of our own ! There are now cratic parly. There have we seen two gentlemen,
eighteen States out of the twenty.six, who IinvwiADVoy and P'tm-'i who had the moral courage to
,1R
standout against caucus and party domination,1 tion ?—Was it accomplished Vy that small
and to vote upon this question against the disfran¬
chisement of South Alabama. Ycs, and even here,
though it may not avail us, we may have instances
of equal magnanimity and patriotism. Sir, I envy
gentlemen the proud opportunity of showing them¬
selves superior to the party discipline and tactics
which have been resorted to, to enforce the!r obe'-
dience.
But if mistaken in all this, wc have a last resort,
band who a few years since opposed Execu¬
tive dictation and usurpation, and who were
so few in numbers as to excite the derison
and contempt of the great Democratic party ?
I tell yon, no, these unaided could never have
accomplished that great woik—let the praise
and honor be given to those of the old Jack¬
son party who evinced by that moral courage
and determination which abandoned party
ties and party associations for the publicgood
j , i that they loved their country wore than their
which has never proved abortive—an appeal to the , rrp ,1 „ ", 1 i
1 party. 1 hese were the men who have done the
people; who, though they may be deluded, wih ori.^ y(Jur 0wn old associates sir. who have
never long be instruments of outrage, oppression abandoned you because you have forgotten
and tyranny. The beautiful expression of a classic patriotism arid republican principles, in your
poet, has from its verity become a trite ada""a Ice of okice and adherence to party, right or
"whom the gods wish to destroy they first make wrong. Y es, and I tell gentlemen here,that
mad," and how singularly true in the experience there are many yet in the Democratic ranks
and downfall of the lata Administration party. a'most pelsuaded to abandon them. And
~ ,,, . , t, ~ though you may smile in your security ol
Grown fat and bloated on the spoils of omce, they r rrif? J .- . , •1 ct . , r j
, , 1 , 5,500 votes majority in this Slate and heed
proceeded, step by step, of » outrage upon Ycoo- nQt the yoice of warnin£r or experience, but
Stitution and popular liberty," until they added to madly brave will lite Mackbcth in fatal secu-
a Proclamation, a Force Bill and an Expunging rity,
process, the disfranchisement a Sovereign State,
the enactment of the often repudiated Sub-Treas-
Fear neither death nor bane
'Till Birnam wood do come to Dunsinane.'
ury scheme, and tin. pro;>osition for an army of make hut a few more arrogant assumptions of
twohundred thousand men! to say nothing of the party power, pass this and other measures of
thousand delinquencies, defalcations, admission of outrage now in contemplation, and the peo-
negro testimony and sanctioning through corrupt Cutc!he boughs from their forest trees,
. . . , , , 'and that offensive sight to democratic eyes
presses, the stale slanders of virtue and character, u T ^ ° , ,, , 1 ,
, , Log Cabins on wheels, red pepper and
and the direct assaults upon the sacred institutions C()0n_skinS) with other emblems of republican
of education, and even religion itself. j simplicity will meet your offended enze. arid
These wie too muc'-> for the virtue and intelli- the sad reality will overwhelm your-iirighted
gence of (he people, and the arrogant security of imaginations ' Birnam wood lias come
the party in the well drilled " D?iiinrria!r line" was m Dunsinane.'
fatally delusive. The people were not what these) A es, al though the public mind now seeks
well fed democratic officersand drill acrg. ants took repose aUer the recent contest, and though
, naturally disposed rather to suffer a little
them to be, serv.le serfs and party vassals to do wron„ than tQ us(?the rcra,dy_y et theblood
their bidding. No, they turned in one might.v 0f )76 courses the veins of many a son of
column upon their insolent leaders and ordered South Alabama. That blood which flowed
them from those stations of honor and emolument so freely and nerved ihe arms for deeds of
which their too confiding natures had allotted to daring heroism, when those who should have
them. And should not these things be a warning fostered and protected these colonies, oppres-
to the dominant party here ? Will they not pause sed and burthened them with taxation with-
, „ , „ " , . x, - , , out representation, will,. xor a similar cause,
aud reflect upon the late of those elsewhere who 1 i • i • -i i - c.i ■ j a .
' mount high in the hearts of their descendants,
like them have acted on the vindictive principle ofi
• t- i "sxr-11 ti, • ii i-i . I " And they'll from their cabins come,
proscription? Will theym mad despair like their • '
. . , ... ... Sons of the biavc and free;
illustrious predecessors m the national councils '
, • , , • .. ... ... I A" Ma ir fatliors came when the stirring drum
rush against the known patriotism and intelligence. b
... , , , r ., • -ii Beat loud for liberty!"
of the people, and defy their will. . . . J
T, ,, . .. . :' , I Having thus given some of the most prom-
1 tell vou sir, that m the nas a^e of tms bill you • . . • .• fi • i. -n 1 „j
• ' ° J incut objections to this bill as they occurred
are erecting Hainan's gallows, and the very men t0 my m;n^ many 0[h(T, havjn£r been so ful-
for whose benefit it is intended, will one day hang ]y commented on and explained by those who
highintheir own infamy upon it. Il.iave preceded me, I shall now attempt to an-
Have gentlemen in Democratic Alabama swer some remarks of the gentleman from
forgotten from what ranks those came, whose Lawrence, (Mr. Saunders) who, having tak-
yoice has produced the late political revclu- en great latitude in this debate, I trust 1 shall
%e permitted to follow him, as 1 propose to
answer his remarks in the same order in which
they were delivered.
The gentleman sets out with a declaration
'of his surprise that the Whigs should com-
'.plain, or even resist the passage of this bill,
and presumes it is only done for " the purpose
of making political capital, that we may bait
the Log Cabin triggers to catch Democrats."
Can the gentleman be in earnest when he
■■expresses surprise that the Whigs should op¬
pose the passage of this bill ? Would the
gentleman himself deny that it is strictly a
party measure ? Where are his arguments
for the night Caucus ? and does he suppose
there is any Whig so blind as not to under¬
stand his object? it is' too plain, it is indeed
the only argument which has been advanced
in its support, " that it will more pefectly con •
lcentrate the political energies of the State."
And does the gentleman know so little of the
Whig spirit as to suppose we would remain
^quietly here, whilst our whole constituency
was disfranchised for party purposes? Does
he suppose we would sit tamely under oppres¬
sion, and because we were a minority in this
laody, not even raise our hands to push the
trampler off? Sir, the gentleman's inter¬
course with the Whigs should have taught
him this was not the whig temper. Buthecon-
cludes, our object is to make capital to bait
the triggers of log cabins to catch Democrats."
The gentleman pays but a poor compliment
to the intelligence of those he calls the Dem¬
ocratic party, when h e admits they .may be
entrapped and caught with coon skins and
red pepper. These, too, are the people, in
praise of whose intelligence and patriotism
'the gentleman himself is sometimes so elo¬
quent. But the dear people, whom the gen-
leman and the gentleman's party love so well
although so virtuous and intelligent, when
favors are asked at their hands, are the veri¬
est knaves and the silliest tools when they
refuse to do just what these people loving
Democrats wish them. Yes, and they have
all been seduced from their allegiance by a
'■coon skin and a barrel of cider. Here I will,
ill >no spirit of bitterness, repeat a dialogue
that took place in this town a day or two since.
A Democrat was rating a Whig upon having
caught and deceived agreat. many good Dem
ocrats with a barrel of cider. Yes. replied
the Whig, we caught a good many that wav,
but the next time we have a contest we will
bate with a barrel of whiskey, and then we
will catch you all. And this indeed is the
stvle in which these gentlemen insult the in¬
telligence of the mass of iheir own party.
" Oh sharaewhere is thy blush."
After this compliment to his party, the gen
tleman reads from debates on the Federal
•Constitution, and argues upon the propriety
of allowing the people, and not the States^
(or Legislatures) to choose the*Representa¬
tives. I was at a loss to discover the object
of the gentleman in all this, until 1 thought I
caught him humbugging after the Bentonian
fashion, and endeavoring to make false
issues with his opponents, similar to that
sought to be made by his great prototype, with
the Whigs on the assumption of State debts'
by the General Government. Who ever
thought of denying the position here, that the
election of Representatives should be lodged,
with the people, not the Legislature ? and,
yet this is the authority the gentleman has
read to us, and upon this question he has
commented, and I hope he will be left alone
in his glory to combat his own man of straw,
for if he cannot vanquish the enemy of his
own creation, he will not be able to measure
arms even with the knight of La Manchaj
But the interpretation given by the gentle¬
man, (Mr. Saunders) to the expression of
the gentleman fiom Greene (Mr. Murphy,)
was any thing but fair, for that gentleman
went into a clear and lucid exposition of what
he meant by the consolidattrd branch of th^
Government, and yet he has been answerer;
as though he were the advocate of consolidaJ
lion ; this too, is to be called Whig doctrine
Sir the gentleman's (Mr. Murphy's) exposi¬
tion was any thing but what the gen'tlemaf
from Lawrence wished and even representee
it to be. Suppose we compare his sentiments
with those of the gentleman who precederi
him on the Democratic side, (one of the oldi
est Democrats in this House,) who has beer
put forward to lead the van in the considera
tion of this question, and whose recent ser
vices in the Democratic ranks in his owt
county, (for I am told he was mainly instru
mental in increasing the majority there) en
title his opinions to great weight and respec
at the hands of ihe party. I allude to the gen
tleman from Limestone, (Mr. Winn.) An<
what was his exposition of the relation o
States to the Federal Government. Upoi
this matter he uses this remarkable expreS
sion, noted down by me at the time—"tha
each State bears the same relation to th
Federal Government that each county doe
to its State !!! Here, sir, is State rights doc
trine for you !—here is consolidation with
vengeance—and is this the docrrine of th
Democrats of this Hall? I trustnot althoug
from one of their leaders.—It shows, howev
er, what fit exponents they are of their new
ly assumed State rights doctrine, and give I
them great facilitv in charging their oppc |
nents with being Federalists and consolidt
tionists.
The next charge from the gentleman (M
Saunders) was upon the memory of Alexaij
der Hamilton. Sir, it is entirely too fasl1
ionable for the mushroom politicians of the
present day to prove their Democracy by the
abuse of that lamented patriot. He was a
Federalist in theory, but would never have
practised upon the broad plan of Federalism
lately in successful use among modern Dem¬
ocrats. I am not the advocate of the princi¬
ples of Hamilton, but I would be but too proud
to be the defender of the man. Defender,
did I say—sure the soldier of the Revolution,
the gifted, eloquent statesman and the bosom
friend of Washington needs 110 advocate be¬
fore an American jury. But eveiy measure
of Hamilton's, according to. the gentleman,
must be odious, hateful and Federal, because
from him. And yet the gentleman reads to
us authority from the Federalist, and tells us it
was written by the ablest and best commen¬
tators. Will the gentleman tell us if Hamil¬
ton was one of these able commentators, and
whether or not he wrote the identical paper
referred to as authority by the gentleman
himself?
Sir, I must, needs be disconnected in trac¬
ing the gentleman's argument, for he himself
was so; and he next gives us his views upon
the subject of internal improvement by the
General Government, and says that all the
Representatives of the State should stand
together in oppo-ition to it. In this opinion
the gentleman and myself are agreed, but not
in the inference he draws, that this will most
surely be effected by allowing all the Repre¬
sentatives of the State to be chosen by tin
same voters, for the gentleman's illustration
if the danger at once annihilates the securi-
;y of his proposition. Fie tells us that the
Northern part of this State was once seduc-
?d from her allegiance to this Democratic
principle, and bribed with a bonus of internal
improvements. Then, in the name of dear
lought experience, let us not trust that sec-
ion of the country with the making of Re-
iresentatives for the South. What has hap-
tened once, philosophy would say, may hap-
)en again—and this furnishes to my mind
mother insuperable objection to the General
Ticket plan.
But, " murder will out," and the gentleman
ells us that under the District system, the
iVhigs will have a majority in the Represcn-
ative branch of Congress. This, sir, would
10 doubt prove true at the next election, and
n entire change must be made in a well tri-
d and satisfactory system for the purpose of
uslaining one. who faithless to his charge is
bout to be ejected by his constituents and
leighbors.—This is the great secret, and the
rue Democratic principle upon which your
ill is based. And this, too, is to be done for
be benefit of one, who, it is said, has declar-
d his opposition to the General Ticket sys-
?m, and who. on one occasion since be gave
his adherence to the Sub Treasury declared
of you, the identical dominant party of this
Legislature, " that with a party practising
such outrages on the constitution and popular
libeity he could have no common sympathy,
no political union."
But you are told that majorities must gov¬
ern, that this is the essential principle of the
General Ticket plan, and that none dare ad¬
vance a different doctrine before the people.
Sir, this assumes that the people are so ig-.
norant that they cannot separate the right of
the minority to be heard and represented
from the right of the majority to g-overn. Who
are afraid of the people ? not the honest poli¬
tician who when he hows to the popular will
constitutionally expressed, would never lose'
sight of the principle or fear to advocate the
rights of a minority, for tlie guaranty of whose'
safety your very constitutions were framed.-
No sir, the people discern and appreciate such
men. It is the cringing sycophantic dema¬
gogue who loses sight of all interests bnt his-
own, who fears the people, before whom he
raises the shout for majority rights, declaring
their will omnipotent and his attachment for
the dear pi ople unbounded. I always mis¬
t-rust such men and cannot help thinking that
they want something.
•Sir, it is the right of a majority to govern1
but not to oppress, and I shall be mistaken ib
■ my conjecture if the unbridled will of the
majority in this Legislature does not teach
the people of Alabama that "the worst of tyJ
runnies is a 'multitude of tyrants.'1''
But we are told that the tax paying coun¬
ties of the State—those owning the slave pro¬
perty receive a quid pro quo in protection
from the northern counties. Protection sir,
against whom ! protection against what? Is
it that the non-«lave holding county of Jack¬
son with its hua:c democratic majority of
2,000 votes and other such counties in the
north will not perm it the south to destroy their
own property in their slaves by giving the'
vote of the State to the Whig candidate for
the Presidency, as Georgia, Mississippi,-Lou¬
isiana and other Southern Abolition States
have done! This must be the gentleman's
protection. They, no doubt have a peculiar
regard for our rights as slave-holders, some
of whom scarcely ever saw a black face.'
But we are charged with an attempt to ar¬
ray the South against the Noith? Who in¬
troduced this measure ? who are procuring
its way through this body upon the people?
Let the gentleman answer that, nor longer
seek that stale artifice which has been torn
from his party in the recent canvass, that of
crimination on the very point they feel most
guilty—are we to be condemned as broilers
for making that resistance the crushed worm
would do ? No sir, we arc actuated by a no-
21
bier sentiment than that, "the wretch who
meanly will submit to wear a shackle, con¬
temns the noblest gift of Heaven, and impi¬
ously affronts the God that made him fiee.
But he, (Mr. Saunders,) tells usofhis great
avalanche—this is a favorite figure with the
gentleman, indeed it has become quite fash¬
ionable in both ends of this capitol, to bestow
the highest eulogiums upon the Democracy
,of Jaickson county. Ever since the sugges¬
tion of the probable passage of the General
Ticket bill, Jackson county has corne into
high repute, and even 'southern Democrats
think they cannot speak too loud or loo long
in praise of the good people of Jackson.
I cannot tell why this is sir, but I should
like to see Jackson county set up for herself
and bring out ner own candidates, then I
think these fulsome praises of a particular
county would greatly decline, and honorable
gentlemen would not leave the high seats of
presiding officers to vindicate her rights and
praise her patriotism and intelligence.
In another matter the gentleman from Law¬
rence and myself are agreed. " He requires
,of a party something more than professions,"
and this is the very reason I am no Demo¬
crat, as he understands the term. They pro¬
fess some very good doctrines and remind
me strongly of the man who boasted he had
,the best wife in the country if it were not for
her ways, but said he, she has d—d bad ways.
But again, the gentleman tells us herepre
sents a great variety of fnterests and of indi
scntatives to Congress. Sir, there is always
danger and wickedness where there is de
ceit and disguise. The truth is, several bro¬
ken down politicians must be provided lor
they can expect nothing from the coming ad¬
ministration—the people at home in theii
own districts have repudiated them, the offi¬
cial terms of those in office are expiring, and
North Alabama being a strong horse must be
hitched to the teams to draw Southern Dem¬
ocrats out of the mud. And the North too, at
least the Representatives of the North, a-re
satisfied to endanger the choice of their own
Representation for the benefit of Southern
Democrats, because they may afterwards dic¬
tate terms having all power in their own
hands. And here again I object to the
scheme because it is dangerous to trust pow¬
er in any other hands than those whose inter¬
est it will be not to abuse it.
But this measure is not called for, the peo¬
ple are satisfied with ihe present system and
have not asked for a change. In no one coun¬
ty in the State has the matter Been discus¬
sed. It has originated with the leaders and
aspirants alone. Why the gentleman who1
first addressed the House in favor of this
scheme to whom I before alluded (Mr. Winn)
told us the only instructions he had received
" was a letter of three pages—the first saidi
nothing about it—the second advised to go
for it, and the third to go aginst it."
And yet some gentlemen would excuse
their inconsistences by telling us of instruc-
viduals here from the rich planter down to the|tions; sir, it is insulting our credulity to tell
peniless loafer, and "the lap dandy whig P\xxs of instructions from the people; the people
I do not doubt it sir, and the latter class he is'have uttered no complaint—are every where
peculiarly well qualified to represent, havingjeontent with the present system. No sir, in-
worked long and faithfully in.the Van Buren structions have come from a different quar-
harness who is himself the quintessence of
dandyism, fresh from the band-box, and up
jto his e?.rs in starch and cologne water!
But I am done with the gentleman from
Lawrence and shall conclude by noticing one
other objection to this bill. I have endeavor¬
ed to show that it is anti-republican, that it is
strictly a party measure, that it cuts off from
the South the representation of an interest
secured to her in the federal compact, and I
further object that the bill carries a fraud up¬
on its very face. Why incorporate that un-
paeaning and inoperative section that the re-
presenta'ives may be selected from the Con¬
gressional Districts ? This is not the lan¬
guage of law. The law is imperative and
its language is always, shall and must—not
may be—and why is it incorporated in the
bill? Because they were afraid to tiusl the
bill before the people without it. The very
clause, in our law they have so recently dis¬
covered to be unconstitutional, is in semblance
retained in this hill which contemplates a
radical change in the mode of electing repre-
ter, and 'tis to those.you would mete out the
reward of corruption and avarice.
Such are the motives impelling the passage
of this bill, and as such, cover and disguise
them as you may, they will appear to every
independent, reflecting and candid citizen of
the State.
Sir, I have detained you longer than I had
wished, and will therefore return my thanks
to the House for the attention they have giv¬
en to me during my remarks.
™—»■ ii u -'iu«.www—bjwhjii-i '"fpirinrfar'trnrr
ALABAMA LEGISLATURE'
house of"kepresentatives.
Monday, Jan. 4,1841.
PROTEST OF THE MINORITY
against the passage of the general ticket bill.
Mr BATES, for himself and others, offered the
following: *
The undersigned, availing ourselves of the con¬
stitutional right of the minority to enter their dis¬
sent upon the journals of this House, do hereby en¬
ter our solemn protest against the passage of a bill,
entitled "an act to establish the General Ticket
system in elections for Representatives in Con¬
gress from the State of Alabama," and against the
oppressive und unconstitutional mode by which its
passage through its different stages was secured.
The undersigned have been taught, by the majori¬
ty, that no appeal can have any other influence,
than to strengthen their determined system of
abuses. They have originated measures radical
in themselves, untried in practice, unknow to the
people, which are to be permanent and unversal
in their operation, without allowing to the minori¬
ty the privilege to amend, or the right to discuss.
They have construed rules to the adaptation of the
particular case, and enforced them with an eye to
success alone. The minority will not examine
the merits of the General Ticket Bill; to do that,
they will appear before a tribunal where gag laws
are not employed for the suppression of truth.—
They will confine themselves to an expose of the
means resorted to by the majority to establish this
system, and to do this, let facts be submitted to a
candid people.
The bill above referred to, being on its passage
in the House of Representatives (having passed the
Senate) was under discussion by a member from
Marengo (Mr Moors) who having concluded, a
member from Tuscaloosa (Mr Perkins) obtained
the floor, and submitted the following amendment
to the bill, viz:
" Be it further enacted, That this act shall not
lake effect until a majority of the people of this
State shall have voted in its favor, at the next an¬
nual election, at which time a poll shall be opened
at the different precincts in the several counties in
this State, by the sheriffs thereof, after giving ten
days notice; and those approving this act may vote
for it by endorsement on their ballot, "General
Ticket System," and the number of those thus vo¬
ting for it shall be under the certificate of the in¬
spectors of election at the respective court-houses,
and be forwarded to the Secretary of State, who
shall within the first week of (he next session of the
Legislature, communicate the aggregate of such
number of votes cast by the citizens of this State*
for the foregoing section of this act; and if it shall
appear that the majority of the qualified voters of
this State are in favor of the General Ticket sys¬
tem, the foregoing act shall then become the law
of this State."
The member from Tuscaloosa (Mr Perkins)
commenced his remarks in favor of the amend¬
ment, when Mr Speaker informed him the amend¬
ment must be first read to the House: during the
time the Clerk was engaged in reading the amend¬
ment, a member from Mobile, having seen a move¬
ment of the majority which indicated a call for the
previous question, and apprehensive they would
excuse this act of oppression by a pretended desire
to defeat the amendment, rose from his place and
addressed the Speaker while the Clerk was read¬
ing; after the member from Mobile had twice call¬
ed Mr Speaker, the member from DeKalb, one of
the majority (Mr Winston) rose while Mr Bates
was on the floor, Mr Speaker responded "the gen¬
tleman from Dekalb," Mr Bates, then observed
that the "gentleman from Tuscaloosa was entitled
to the floor." Mr Speaker replied that he had not
heard -the gentleman from Tuscaloosa claim the
floor. Mr Perkins then insisted on his right. Mr
Bates then asked Mr Perkins to withdraw his
amendment. Mr Speaker cried out, "the gentle¬
man from DeKalb is entitled to the floor. Will
the gentleman from DeKalb yield the floor to the
gentleman to withdraw his amendment." Mr Win¬
ston said he would not. Yet, strange to say, Mr
Speaker gave Mr Perkins leave to withdraw his
amendment, put the question of leave to the House,'
and disposed of the amendment, during the whole
time deciding the member from DeKalb was enti¬
tled to the floor. The member from DeKalb, one of
the majority, and friend of the General Ticket bill,
after making some remarks on the merits of the bill,
then moved the previous question, which was car.
ried by the friends of the bill. This decision of
Mr Speaker having deprived Mr Perkins of his
right to the floor, gave this organ of the previous
question (as it is construed by the majority in this
House) the power to suppress debate, and shroud
in darkness that deformity which distinguishes this-
odious system, and which the lights of discussion
would have exhibited to the people, a deformity
upon which its authors had not the nerve to re-
pose, as they had suppressed debate upon the se¬
cond reading of the same bill.
The minority having now detailed the manner
in which they were driven from the floor, will pro¬
ceed to the examination of the more important sub¬
ject i>i this protest. That is the conduct of the
majority upon tliis occasion, which if sustained by jpersonngcs, «ke. or the discussion of which may
the people, settles the question that a minority have jcall forth observations, which might be of inju-
no right to mingle, to deliberate, to advise in the rious consequence. The use of it has been exten-
public councils 01 onr country. ded abusively, &c.—its uses would be as well an.
The motion of the member from DeKalb being swered by other more simple parliamentary forms,
made for the express purpose of cutting off all and therefore it should not be favored, but restrict-
amendments, and to prevent any reasons being as- ed within as narrow limits as possible." The sub-
signed by the minority against the passage ofthejectwc are now considering is certainly not one
bill, and carried affirmatively by the majority, af. which would be embraced within the rules laid
ter which call had been made and entertained by down in the Manual. It was one in which the whole
the Speaker, we then, the undersigned, represen-^State was interested, one which proposed to dis-
tatives of the people of the counties respectively [franchise in the representative branch of our na-
opposite to our names, left the Hall of the House tional legislature, a large and respectable minority,
of Representatives, in order to bring the majority ,that have now two Representatives in Congress.—
to reflect, and respect the rights of those whom'Nothing of "injurious consequence" could result
we had the honor to represent. We remained un¬
til our appeals were unheeded, the voice of our con¬
stituents strangled, freedom of speech denied; we
remained until the constitution of our country had
been snatched by the rude hands of usurpation,
and we left when that Hall which a common coun¬
try had dedicated to common interests, had been
seized by an organized party, and converted into a
slaughter house of every principle of protection and
security in legislation, which government affords
to the weak, the inestimable right to dissent, to
fliscuss.
Under the convenient construction of the ma¬
jority when the previous qustion is curried affirma¬
tively, it precludes all amendments and all debate,
they shelter themselves from a just indignation of
such construction by the provisions of the 22drule,
of the amended rules of the House of Representa¬
tives, which provides if the previous question be
carried affirmatively, it shall preclude all amend
ments and further debate. In the construction of
every rule which prohibits the freedom of speech,
or restricts the right of discussion, it issaftestto
lean in favor of that right, and strongly against re
striction; this is peculiarly sound as to the delibera¬
tion of legislative assemblies in representative go¬
vernments, as . the only mode of ascertaining th
from debate by the enemies to this bill, who would
have been, if permitted, the advocates of the old sys¬
tem,under which we have lived and prospered. The
proposition was in fact a radical one, new, untried,
and not having been subjected to the scrutiny of
investigation, was the peculiar subject of debate.
The authority of the Manual, or the law of the
British Parliament cannot be successfully applied
by the friends of the previous question in this House.
There will be found no rule of the British Parlia¬
ment, no provision in the constitution of the Uni¬
ted States, no rule of Congress similar to the 23d
section of the third article of the constitution of
Alabama, which provides that "bills may originate
in either House, and be amended, altered, or re¬
jected by the other, but no bill shall have the force
of a law, until on three several days it be read in
each House, and free discussion be allowed
thereon, unless in cases of urgency, four fifths of
the House in which the bill shall be depending,,
may deem it expedient to dispense with this rule."
The undersigned have been unable to find any
clause in the constitutions of any of the States of
this Union, similar to that above recited, exceptiu
the constitution of the State of Kentucky, ours be¬
ing an exact copy of the 28th section of the second
article of that constitution. This, then, is a novel
interests and wishes of the people, is by means of question submitted to us, without the aid of any au-
full and free discussion. To sustain this propriety J thority, to be determined by a construction of the
of construction, it is not necessary to resort to language employed in the clause of the constitu-
those principles which form the basis of all free go-'tion above referred to. In many of the constitu.
vernments, the great designs of which are the pro-jtions of the States, they have required that all bills
tection of the weak from tho power and ferocity of shall be read on three several days, leaving the
the strong—but such construction is imperatively control of discussion to the legislative bodies.—
required by a proper regard to the provisions of tho The 88th rule of the House of Representatives of
fundamental law of this State, and the amended Congress (Manual, 183-4) requires three several
rules of the Plouse of Representatives: jrcadings. Why then with this Manual, the law
Mr Jefferson, in his Manual of Parliamentary of Parliament, the constitutions of all the States
Practice, p. 91, states, "that the proper occasion before them, did the Framers of our constitution
for the previous question is, when a subject is add the words "and free discussion be allowed
brought forward of a delicate nature as to high'thereon?" Wc must suppose that every line, eve-
ry word of our fundamental law was well weighed,
and justly considered, that no part of an instru¬
ment of so great solemnity and importance was
adopted without a great purpose in view; believing
then that we have no right to discard from our ob¬
servation and respect any portion of our fundamen¬
tal law as mere idle declarations, let us recur to
the words "and free discussion be allowed
thereon. In this recurrence the undersigned are
sensibly impressed with the peculiar force of the
language employed in the constitution, and can¬
not regard it in any other manner than as declara-
tory of the great right of freedom of speech. They
were not satisfied with the use of the word discus¬
sion, or the words discussion be had thereon, but
the emphatic words, free discussion re allowed.
We understand free discussion to mean a debate
that is untrammelled, free from shackles, free
from gags. Indeed it seems to the undersigned,
that this clause of the constitution was intended
for the protection of the minority, as it uses the
word allowed, synonymous with the words per¬
mitted, leave granted, all of which is done by
majorities. The words free discussion can be tor¬
tured into no other meaning than freedom of
speech, a privilege to argue, to discuss the policy
or propriety of the passage of all bills. It has been
urged however, that this construction would lead
to endless debate, that business could not be trans¬
acted unless the freedom of discussion be abridged;
we would reply that fundamental laws would not
only be insecure, but worse than useless, if in their
construction we should not consult the text, the
language, the spirit of the instrument, but only our
notion of convenience. With this standard be¬
fore us, the construction of the constitution would
change several times on every day. In the morn¬
ing the right of free discussion would be constitu¬
tional; at night, when cold or hunger, or thirst
pressed upon the majority, or when they might be
listening to a scorching rebuke, or searching ex¬
amination of some improper and impolitic measure,
convenience might suggest that the right of free
discussion should not be allowed.
With this disregard of the constitution, why the
necessity of reading laws on three several days?
Why postpone and not deliberate? Why delibe¬
rate and not discuss? What value is freedom of
thought, without freedom of speech?
It will be observed that the words "free discus¬
sion be allowed thereon," arc connected and im¬
mediately preceded by the words "no bill shall
have the force of a law, until on three several days
it be read in each House," all forming one and the
same sentence, and designated as "this rule"
which is defined to be something permanent, uni¬
form. and universal, unless we determined that the
'words "free discussion he allowed thereon," be noi
'a part of this constitutional rule. We virtually
strike them from the constitution as unmeaning and
idle declarations.
This clause of the constitution defines for itseli
what convenience should be, and provides for it.—
It contemplates convenience only in cases of ur¬
gency, and then gives the power to consult expe-
diency to four fifths of the House, in which the bill
may be depending, to dispense with the rule requir¬
ing all bills to be read three several days, and to re¬
fuse to allow free discussion thereon, because the
reading and discussion would be a consumption oi
time,which from urgency, mightbe inexpedient; but
even in cases of urgency, the constitution has not
left the power with a bare majority; if it had, they
would never have invoked the previous question,
every measure of the majority then would have
been a case of urgency.
The undersigned have been amused in examin¬
ing the rules of the House, at the conflict between
the pretended laws of the majority, and the actual
practice of that majority; the ninth of the amended
rules of the House of Representatives, 'seems, to
have been made in conformity with the clause of
the constitution above referred to, and to determine
what ;s meant by "free discussion:" It provides
that "no member shall speak more than twice to
the same question without leave of the House."—
This seems to contemplate free discussion, and to
prescribe reasonable limits for its exercise. The
2d, seventh, and eleventh rules designate questions
to be decided without debate. Why this parade
of rules? Why designate the questions to be deci¬
ded without debate, when according to the 22d
rule and their constitution, and actual enforcement
of it, no question is the proper subject of debate,
unless the stern despotism of the majority gracious¬
ly condescend to grant to the minority a constitu¬
tional right, which they have dared to usurp? It
is obvious, that under the ninth rule, each member
has a positive right to speak twice to the same
question without leave of the House. This the un.
dcrsigried conceive to be subjected to the cases of
urgency provided in the constitution, whenever
four fifths may deem discussion inexpedient.
The right of the majority claimed under the 22d
rule, that a bare plurality of one can refuse to al¬
low free discussion, destroys the 9th rule, and is in
positive violation of the constitution of this State;
which to our mind, absolutely requires a case of exi¬
gency to be presented and sustained by a majority
of four fifths.
The 23d section of the 3d article of the consti¬
tution only guarantees the allowance of "free dis¬
cussion" upon bills. This clause is silent as to
Questions of order which mav arise in the rcuulu-
tion of the House, and does not conflict with the
16th section of the 3d article, giving to each House
the right to determine the rules of its own proceed.
this tyrannical construction of a bare majority wa«
thus forced upon the minority, the undersigned
had but one arm. of defence left for the constitution;
ings. To illustrate this, suppose a motion to ad- and their constituents, and that was to arrest the
journ be made, it would not be contrary to the action of the majority by withdrawing from the
Constitution to determine that it should be decided
without debate. The constitution leaves that mat.
ter discretionary with the House. Suppose there
should be a rule of the House, that 110 bill should
be discussed, but should be passed into a law with¬
out debate, this would be unconstitutional under
the 23d section of the 3d article, and the reason is
Obvious, bills are the beginnings of rules of action
which are to operate upon the personal liberty, or
private property of the individuals who compose
our State; for that reason, before they become the
rules of action, it is just and right that those who
are to be governed, should participate in their for.
mation, and suggest the good or evil which may
arise therefrom. The rules of order for the House
are matters of their own, which do not affect the
people unless they may trammel the representative
right.
If the 22d rule of the House of Representatives
excepted all bills which may originate in either
House, then we would not contend that it was an
Hal], and leaving them without a quorum. The
minority felt, if they should sit still, and compose
the necessary number to effect this violation of
right, they would be participes criminis. They
would be not accessaries before the fact, but pfin-
cipals in the first degfee; aiding and abetting in the
dcstiuction of privileges sacred to those freemen
who had entrusted them with their interests. The
responsibility of this measure is justly thrown upon
the majority: they originated the bill, and in order
to pass it into a law, they suppressed a debate
which would have exposed their designs to the
people.
The minority feel the pride which always at-
tends the discharge of duty, that they can return
to their constituents, and tell them that in this un-
constitutional and unrighteous attempt at disfran-
chisement, this determined spirit of the north tb
wield the destinies of the south in obedience to
their own will and wishes; that we have done all
that representatives could do. We argued as long
improper exercise of power. The undersigned then'as permitted to speak, and when strangled, we
arrive at the conclusion that the 22d rule of thej abandoned them. When abandonment became in-
amended rules of the House of Representatives, is| efficient, we did then, for them and for ourselves,
in palpable violation of the constitution of the spread upon the journals, this our solemn protest
State of Alabama, which we have sworn to support
and defend on this floor.
We now return to the question. The General
Ticket bill was on its passege. This bill is novel
in ifs nature, intended to be permanent and univer
sal in its operation, opposed by more than one hun¬
dred thousand of those whom it was designed to ef¬
fect, and whom it was intended to disfranchise.—
Upon this important measure at this stage of the
bill, only one speech had been made, and only
three speeches against the bill on the previous
readings. Several gentlemen had prepared them¬
selves, and we~e anxious to discuss it, who had
not spoken upon the question, when one of the ma¬
jority rose and called the previous question, which
was carried affirmatively by Ihe majority: the mi¬
nority silenced, the debate suppressed, the law pass¬
ed over every barrier which the constitution, had
interposed to the reckless spirit of an infuriated
party. Can this nyijority argue themselves into
the belief, that upon so important a question, be-
fore a House composed of one hundred members,
every one of whom is presumed to be capable of
against tyranny and usurpation.
J. Bates, J. Spru.ill,
It. B. Campbell, T. McC. Prince,
Wm. ill. Inge, W. H. Norris,
~\Vm. M. Murphy, ' IF. H. Crenshaw,
Wm. H. Seawell, L. B. Fleming,
Cha,s McLemore, L. A. Kidd,
C. C. Langdov, W. A. Bell,
A. Q. Bradley, D. H. Norwood,
J. II. Mann, Win. McGill,
M. Ashursf, J. S. Hunter,
J. J. Hutchinson, A. C. Hollinger,
Blake Little, II. Perkins;
Wm. J. Peters, W. H. Griffin,
G. B. Hall; Wm. T. Shanks,
J. ill. Davenport, James Peterson,
W. B. Moors, John Barron,
R. Jemison, jr. K. R. Womack,
D. E. Davis, Solomon McAlpin.
L. W. Davidson,
Having, from sickness, been absent from the
House of Representatives when the proceedings de.
tailed above, were hac', I could not sign the pro¬
test. I assent, however, to the reasoning, and so-
speaking, that one single speech upon the passage
of the bill was, in the language of the constitution, lemnly protest against the General Ticket bill,
the allowap.ee "of free discussion thereon^1" When' E. YOUNG.
SOUTH ALABAMA VINDICATED:
BY CURTIHS.
From the Independent Monitor.
TO THE PEOPLE,
■Composing the late "Third, Faurth and Fifth Con¬
gressional Districts of the State of Alabama.
No. 1.
Fellow-Citizens:—It is at this moment, at the
expense of all political distinction in the State, as
well as by the sacrifice of personal interest, that
any one undertakes to defend yotr rights, against
the dictation and power of the falsely styled Dem¬
ocratic Party: And for this reason, prudence,
more than inclination, often presents an appeal to
the pen. There are moments, however, when in
dignation at an interference with the rights of
men prompts men to their duty: And this feeling
urges me; at the risk of incurring both the sacri
fices I have named, to call your attentiomto a mea¬
sure of your legislature, whjch in pursuance of a
recommendation from Artur P. Bagby, has passed
into a law. The duty, as I have said, is full of
peril; but to adopt an idea afforded me by a noble
Senator of Alabama, who is himself, in every thing
a Curtius, I will fathom the gulf.
If you look, fellow-citizens, about you, you will
discover that the elements of society are strongly
agitated. The spirit of innovation is abroad.—
With bold step, it marches upon the heels of the
receding age, and with sacrilegious hand, desc-
slave holding people. I say to those, jt involves
your right to representation for your slaves—a
right which the whole south poured out its blood,
and gave its treasure, to secure a right which has
been stricken at from the days of the revolution:
assaults upon which are now making upon the bor¬
ders of the Potomac; and which if you are not uni¬
ted as a man, to vindicate, will be mowed down in.
Alabama. Still less do I wish to be regarded as
the opponent of those who-are no doubt now nomi¬
nated on the democratic ticket; and whom the
avalanche democcracy, will support, without divi¬
sion. I take up the measure as it is—a violation
of the rights of the south—and I shall oppose it
because it rewards a few disappointed advocates of
Van Buren, at the cost of the admitted interests of
nearly two hundred thousand people.
The wonderful discovery of the Executive of
Alabama, that genuine State Rights doctrines, de¬
mand this General Ticket, has been made at so
late a 'day, and comes from a source so little enti¬
tled to the confidence of that party, as an oracle,
that I shall not find it difficult to place it among
the discoveries lately made in the moon. I shall
avail myself, however, of the annual speech of Ar¬
thur P. Bagby, which is only important as the peo¬
ple of Alabama have authorised it to assume an of-
crates and tears down, all the monuments conse- ficial form, in order to exhibit the positions upon
crated by past time, or established by its wisdom—' which the measure is defended,
arrested in its course upon the natjon, by the strong In this message he commences by saving—
arm of the popular will, it takes refuge, like an out-"With a view to concentrate more perfectly the
cast from one class of society, in a more limited political energies of the State, as far as practicable,
circle, and delights to exhibit its tyranny, and ex- and of consummaten f the genuine Staie Rights
pend its vengeance there. Driven out of the coun- doctrine, I beg leave respectfully to suggest the
cilsofthe country, where in outrages upon the eur- propriety of changing the mode of electing mem-
Tency, it lived upon the wages of political prosti- bersof Congress, by districts; and substituting, in
tution, it takes refuge in the legislature of Ala- stead thereof the General Ticket system." Again:
bama; and there consummates its infamous tri-"According to the principles of the constitution,
Umphs, in the passage of the General Ticket bill, the people of the States are represented in ike pop-
To arouse you, fellow-citizens, to a vindication of ular branch of the legislature—the people of the
'your rights—to show that rights secured under the States, in their .aggregate sovereign capacity."—
-guards of society, and the sanctions of the consti-j Again: "It (the General Ticket system) gives to
tution, have all been violated, in this bill, is the a majority of the whole people of the State, at all
object of these papers. Why I have not address- times, whatever mav be fheir political opinion, the
'ed them, also, to the inhabitants of the two nor- entire undivided weight of the whole representa-
thern districts, let them declare who have chosen tion in Congress: Wherias the district system not
to become guarantees that North Alabama ap- only.tends to engender an attachment to sectional
proves the measure; and who arc known to be too or local interests, at the expense of the whole, and
incorrigible upon the question, for eilher advice or sometimes to nourish a factious spirit, but to weak-
reformation. 'en the force ofthe State representation; and in some
I ask, for these numbers, no consideration as instances to paralizc it altogether in the national
mere Whig doctrines. The question involved legislature."
reaches farther than abstractions. It concerns so| Again: "It may bo safely assumed, that under
much of Alabama, as I address as a people; as a the General Ticket system, the most suitable
and talented individuals would not only be opt tcf
be indicuWl by public opinion, but would be select-J
ed:" "And would have their clairrts and qualifica¬
tions indorsed by a majority of the people of the
whole State:" And it will hardly be contended,1
that any one is qualified for a seat in Congress,
whose knowledge is so limited as to be confined to
the wishes, wants or interests of a particular diS'
trict."
To those who know his Excellency and the cau¬
cus regency, who manage matters in the party, the
following deductions, from the foregoing proposi¬
tion, arc clear.
First : That tlie object of the Executive
is to concentrate the political energies of the
State : that is, to concentrate his political par-
ty.
Second. That he desires to consummate
the genuine State Rights' doctrine. That
is, to consummate such dactrines as the Un¬
ion, Democratic, Proclamation and force bill,
anti-Bank, sub-Treasury party, recognise as
State Rights' doctrines.
Third. That the people of the State, are
represented in their aggregate sovereign ca¬
pacity,in theHouse of Representatives of the
United States. That is; that the sovereign¬
ty of each State, is there ii_pivsented, as such
ergo, whole numbers ought to elect it, against
numbers and interests of the people, connect¬
ed.
Fourth. That the General Ticket system
justly gives to a mere majority of numbers,
the entire undivided representation. That is;
that no other interest should be consulted,
than a bare majority of votes determine ;and
that the slaves and commerce of the south
are entitled to no consideration whatever, in
representation in the popular branch of the
Congress ; because not these, but the sover¬
eignty of the State is there represented.
Filth. That the District system would en¬
gender attachments to local inten^u, and is
therefore wrong in principle: and further that
that system is factious. That is ; that if the
whole State representation is not democratic;
it ought to be so. If three districts are whig
they are factious ; and therefore ought to be
controlled by two other districts, because not
being democratic, they are of course not fac¬
tions, because none but whigs are factious.
Sixth. That the General Tickei system,
is a righteous system, because under it, suit¬
able and talented individuals would be select¬
ed. That is; that because endorsed by a
majority of the whole State, they would of
course be talented and suitable ; because five
thousand democrats of North Alabama, are
of right the exclusive judges of all the talent
and qualification of the State. Whether,
when his Excellency uses the term suitable
in lieu of (jualificulion he sincerely admits
that a man may be suitable for the democra¬
tic party, but not qualified for any thing else,
I will not enquire.—But this part of his mes¬
sage, it seems to me would stand better in:
the scale of criticism, if it were not pretty
well known who will be nominated on the
Congressional ticket, by his party.
Seventh. That it cannot be contended that
any one is qualified for a seat in Congress
whose knowledge is limited to the wants,
wishes or interests of a particular district.
That is ; that none who have, in Alabama,
and nearly all the States of this Union for
upwards of half a century, confined their
knowledge to the wants, wishes and inter¬
ests of their constituents,have ever been qual¬
ified. It may be said, nevertheless, that the
Executive speaks advisedly upon this popo*
sition ; for if the writer is not misinformed,
the people of one District, at least, refused on
one occasion to endorse his claims to a seat
on the floor of Congress: and if we except
this purely democratic measure, the majority
of his party, since his Governorship began,
have never acquiesced in either his recom¬
mendations or appointments. Why verily,
the judgments of Duke Sancho himself, have
received more applause from saint and sin¬
ner, than his Excellency can lay up from the
bounty ol a democratic legislature, to comfort
him in his retirement.
But in viewing this subject it will not be
proper to linger upon the message of the Gov¬
ernor. We shall look beyond, and from eve¬
ry source of the science of government, en¬
deavor to establish the following principles.
First. That the sovereignty of the State,
as such, is not represented on the floor of the
House of Representatives of the Congress;,
but that the people and their slaves, are there
represented, in definite limits, embracing 47,
7U0 persons.
• Secondly, That representation by districts,
was in contemplation of the convention, which
framed the constitution.
Third. That such representation is most
consistent with the plain construction of the
constitution of the United States.
Fourth. That representation by districts,
is agreeable to the vital principles of repre¬
sentation, as exemplified in the theory of that
subject established in the British constitu¬
tion.
Fifth. That such mode corresponds with
the practice ot allgovernments, and the rights
of all men ; and is more just than by the gen^
eral ticket.
First. It is doubtless in the recollection of
all who have reviewed the history of the con¬
vention that framed the constitution of the
United States, that extraordinary bitterness
distinguished the proceedings of that conven¬
tion upon the quettion of State sovereignty.
The articles by which the States had pre-
viously been leagued, were notoriously de-'
fective; and to remedy them the convention
assembled at Philadelphia, on the 25th May,
1787. There were, as we are informed, three
several parties in that convention.
1. One party, whose object and wish was
to abolish and annihilate all State Govern¬
ments, and to bring forward one General
Government of a monarchical nature, under
certain restrictions and limitations.—Luther
Martin's address to the legislature of Mary¬
land, page 13.
2. One party who, without the abolition of
State Governments, or ihe establishment of
ft Monarchical Government, under any form,
wished to establish such a system as would
give their own State undine power and influ¬
ence in the government over other States.—
ib. page 13.
3. One party, who were in favor of estab¬
lishing a fefleral equality, who were in favor
of adopting the then present federal system,
as the basis of their proceedings ; and so far
as in that system, defects existed, to remedy
them; and so far as more power was neces¬
sary, to give that power.—ib.p. 14.
The first ot these parties advocated and
proposed a plan by which the supreme Exe¬
cutive authority of the United States was to
be vested in a Governor to be elected to serve
during good behaviour; the Legislative, in a
Senate to consist of persons to be elected to
serve during good behaviour; and who were
tq be chosen from districts into which the
States weie to be divided: and an Assembly
to be elected by the people. No State to have
any forces, land or naval; and the militia of
the States to be under the sole direction of
the United States.
The second party, proposed a division of
government, into Supreme, Legislative, Ju¬
diciary, and Executive. The Legislature to
consist of two branches—members of the
first braneh to be elected by the people of the
several States, for three years: members of
the second branch, to be elected by those of
the first, out ofpersons, nominated by the in¬
dividual legislatures. This branch to be pro¬
portioned, like the first to quotas of contribu¬
tion, or the number of free inhabitants: and
the Executive to be chosen for a term of
years, by the national legislature.
The third party advised a system of gov¬
ernment, by which powers were to be given
to the Congress of the United States, addi¬
tional to those vested in it by the articles of
confederation: That the Congress shall
elect a federal executive, to consist of
persons, and to years: That if any
State or body of men in a State should op¬
pose or prevent the execution of acts or trea¬
ties, the federal executive should call forth
the powers of the confederated States, to en¬
force and compel obedience.
After much debate upon these several plans,
there was a compromise, between the friends
of the 1st, and those of the 2d propositions, by
which the first yielded to an inequality of re¬
presentation among the States in the first
branch, that is the House of Representatives,
by allowing representation, there, to arise, not
from, suffage, according to the rule established in
the articles of confederation, but according to a
ratio of representation proportioned to the whole
number of free persons ; and three fifths of others,
except Indians, and by which was to be represen¬
ted the people of each State, not as distinct sover¬
eign governments, but as people, comprised within
particular circles, which circles embraced the re¬
quisite ratio, which ratio included not free per¬
sons only, but three fifths of the slaves of ihe south.
And in return the advocates of the second
plan yielded to an equality of representation
among the States, by agreeing that each
State should, by their legislatures choose two
Senators, who should act as a check upon
the Executive, and the other branch of Con¬
gress; and who should represen y the sov¬
ereignty of the State.—(See secret pro¬
ceedings of the Convention, pages 15, 226,
230, 239, 243, 244, 246.
Before I proceed with argument and further
proof upon this subject, let mc again ask that it be
remembered, that Arthcr P. Bagby says in his
message, that "The people of the State, in their
aggregate sovereign capacity, arc represented in
the popular branch of the (national) legislature."
And, "That the will of ibis aggregate sovereign
constitutes the cardinal and distinctive feature of
representative government." And let it also be
rcmcmbw ■ <1 thatjfl disprove this assertion, and
show that the same doctrine was pressed upon the
Convention, as a federal measure, and rejected
by it as sucii; that then I not only remove from
tliis General Ticket system, the only support it liar,,
but also convict the Executive of sustaining a fed¬
eral preposition.
In connexion with this subject, a word to
State Rights' men. The general assertion,
that the General Ticket System is carrying
out the genuine doctrines of your party, will
not do for those, who now court a legitimate
marriage, after having sought your prostitu¬
tion. It may possibly help a few to seats in
Congress ; but cannot either compromise the
confidence ot the genuine State Rights par¬
ty; or reconcile more, than the mere complai¬
sance of consistent Democrats. Still iess
will the proposition answer in the scale of
ingenuousness, that Representatives in the
Congress, are Representatives of the State
sovereignty ; when it is recollected, that those
who say so, have spent the larger portion of
their lives, not only in pouring out the bitter.
hcss of their wrath udoii " Captain Jackson,",
and the principles of nullification; but have,
as Union men proper, always denied that the
State possessed any sovereignty whatever.
But coalitions effect immense changes in the
theory and practice of politicians; and we
m,ay hesitate to place any limit to the number
of wonders, when we are told, that even
Madison connty, embraces the finest nullifi-
ers in the Union !
I lay down, however, a few categories for
State Rights men. They base their doctrines
upon the views of Jefferson and Madison,—
Why did these great apostles of State Rights
suffer Virginia, the great mother of states¬
men to infringe State Sovereignty, by ad¬
hering always to the District system ?—
Shade of her mighty men! Why did not a
prescient ray ofknovvlege, disclose the light
that in the then future, should illume the
mind of the Executive of a State, unborn !
The State Rights party say, the States are
sovereign : But have they ever said, that that
sovereignty resided in the representative
bianch of the national legislature? If State
sovereignty was to be represented there, why
was the compromise effected, as I have shown
above; and different numbers of representa¬
tives apportioned between the several States?
Some of the small States opposed the Consti¬
tution, because this very apportionment, as
was contended, destroyed State Sovereignly
in that branch, by giving large States an un¬
due influence ; and the State of Delaware,
went so far as to instruct her delegates, not
to vote for any proposition which abolished
the right of each State to one vote. (See
Secret Proceedings, page 100.) Again—the
State Rights party say, the State may nulli¬
fy an unconstitutional act of Congress. How:
by its representatives in Congress? as must
be, it the sovereignly reside tlmre ! Or, by
a Convention of the people of the State, re¬
solving themselves back into the original so¬
vereignty which adopted the Constitution?—
Some State Rights men say, this would be a
means oi restoring the wounded Constitution
out of the principles of the Constitution: o-
thers of them say, it would be a means ofre-
sioring it, out of a remedy afforded out of the
original elements of society; and idlra the
Constitution: but no debate ever arose, nor
was any principle ever asserted, by which it
can be supposed State Rights men, of any
class, ever supposed, that because the State
has sovereignty, that sovereignty resides in
the House of Representatives of the United
States; and therefore the whole numbers of
the people of a State, must elect their repre¬
sentatives.
The crowded columns of the Monitor dur¬
ing the session of the Legislature, urges me
to close this numberhere. My next shall fol¬
low up the proofs and argument to more start¬
ing disclosures. CURT1US.
To THE PEOPLE
Cornprsing the late Third, Fourth, and Fifth
Congressional Districts of the State of Alabama.
No. 2.
The first proposition I have laid down, and which
I have I think in part sustained, includes two po¬
sitions: 1st. That the sovereignty does, not reside
in the House of Representatives of the United'
States. 2d. That there representation is in pro¬
portion to numbers^ and property in slaves to the
extent of three fifths.
I now proceed with proofs in regard to both;
drawn from debates in the federal convention; and.
debates in the States, on the question of the adop¬
tion of the constitution: And I ask again, to press
upon the consideration of the people whom I ad¬
dress, the importance of remembering, that these
proofs will show, that the position taken in support
of the General Ticket bill, to wit: That it ought to
be adopted, because it would concentrate the polit¬
ical energies of the State;—the people of which, in
their aggregate sovereign capacity; are represent¬
ed in the popular branch of the national legisla¬
ture—is not true: An d because they will also show,
that the representation, guaranteed to the south un¬
der the constitution of the United States, on the
basis of her people, and three fifths of their slaves,
will be violated by this bill.
Amcngthefirst measures adopted by the Coa-
vention which formed the constitution, was a reso-
'luiion, declaring, that "a national government
ought to be established consisting of a supreme,
judicial, legislative, and executive." This resolu¬
tion was moved after the convention had negatived
a resolve, that "an Union of the States merely fed¬
eral, ought to be the sole object of the exercise of
the powers vested in the convention." Afterwards
we are told, the word national was struck out. See
Luther Martin's address, p. 39—and secret pro¬
ceedings, p. 102.
A resolve was then moved, "that the national
legislature ought to consist of two branches, and
agreed to. Ib. p. 104.
It was then movedr "that the members of the
first branch of the national legislature, ought to be
elected by the people of the several States." Mas¬
sachusetts and Connecticut opposed this resolution
on the ground that this branch ought to be chosen
by the legislatures. Virginia supported the resolve,
ailedgirig that this ought to be the democratic
branch of the government. Secret proceedings,,
p. 104.
Upon the question of the propriety of two bran¬
ches, a long discussion arose in the convention,,
which discloses the intention of the framers, as to
where the sovereignty of each State should reside.
Luther Buy«,-"S0nm Of Hit1 Han. advo-
cates and patrons of the system, in convention,
strenuously opposed the choice of Senators by the
State legislatures, insisting that the State govern,
ment ought not to be introduced in any manner, so
as to be component parts of, or instruments for car¬
rying into execution, the general government."—
See address, p. 31*.
Again, be says, "It was urged that instead of the
legislature consisting of two branches, one branch
was sufficient, whether examined by the dictates
of reason, or the experience of ages. That the re¬
presentation instead of being drawn from the peo¬
ple at large as individuals, ought to be drawn from
the States as States, in their sovereign capacity:—
That in a federal government the parties to the
compact are not the people, as individuals, but the
States, as States: And that it is by the States as
States, in their sovereign capacity, that the system
of government, ought to be ratified, not by the
people, as individuals." Sec address, p. 35-6.
Again—It was contended that in the whole sys¬
tem (the Constitution) there was but one feature
which satisfied the friends of the rights of the
State under the old confederation, to wit: "The
appointment of the Senators by the States, in their
sovereign capacity, that is, by their legisla¬
tures." See Martin's address, p. 36.
Again, says Luther Martin, "Those who were
for two branches in the legislature, a House of Re¬
presentatives and a Senate, urged the necessity of
a second branch to serve there as a check upon the
first" But the friends of State sovereignty insist¬
ed, that none of these arguments could be applied
to a mere confederation of independent States,—
that a sovereignty, as such, cannot have jarring
interests; that they had met to form a treaty, as it
were between sovereignties, not between people
thrown, en masse together as inhabitants of a con¬
tinent in a state of nature; but as they in fact were,
people of several State governments. Ib. 35.
The question was taken, however, and two
branches agreed to, the one to be drawn from the
people in their individual capacity, the other to
be selected by the legislatures in their sovereign
capacity.
But the proceedings of the Convention exhibit
these views more fully. On page 111, of the pro¬
ceedings it is said, "Mr Wilson was of opinion,
that the national legislative powers, ought to flow
immediately from the people, so as to contain all
their understandings, and to be an exact transcript
of their minds." Mr Mason observed, "That the
national legisla'ure, as to one branch, ought to be
elected by the people, because the objects of their
legislation will not be on Stales, but on individual
persons." Mr Dickcrson moved "that the second
branch of the national legislature, be chosen by the
legislatures of the individual States. He observed,
thatmode would more intimately connect the State
governments, with the national legislature. Mr.
Wilson moved that the resolution be postponed:
and that the convention adopt the following re¬
solve; 'That the second branch of the national le¬
gislature be chosen by districts to be formed for
that purpose.' Mr Sherman said, the election of
the national legislature will be better vested in the
State legislatures, than in the people."
Again: "Mr Sherman said that as the people
ought to have the election of one of the branches
of the legislature, the legislature of each State.
ought to have the election of the second branch, in
order to preserve the State sovereignty." Ibid,
p. 120.
So much for the debate in the federal conven¬
tion; I will now show where the sovereignty re¬
sides, from the debates of the State Conventions.
In the Massachusetts Convention, Mr Ames
said: "The Senators represent the sovereignty of
the Stales. In the other House individuals are
represented." Supposing them to be elected by
the people, he says, "Whom in that case would
they, (the Senators) represent? Not the legisla¬
ture of the State, but the people. This would ob¬
literate the federal features of the Constitution.—
What would become of the State governments; and
on whom would devolve the duty of depending
them against the encroachments of the federal go¬
vernment?" If brought "Immediately under the
influence ot the people, then they will represent
the State legislatures less, and become the repre¬
sentatives of individuals. This belongs to the
other House." Elliott's debate, 2 vol. p. 71.
Mr Thatcher said, "The Senate are elected by
the legislatures of the different States, and repre¬
sent their sovereignty." Ib. 153.
In the Connecticut Convention, Mr Oliver Wol-
cott said, "The Senate are appointed by the States
and will secure the lights of the several States.—
The other branch of the legislature, the represen¬
tatives," will "be the guardians of the rights of the
great body of the citizens." Elliott, 2 vol. 203.
In the North Carolina Convention, Mr Davie
suid, "The Senate represents the sovereignty of
the States." 4th Elliott, 137.
Mr Iredell was in favor of giving the Senate a
power, "to preserve completely the sovereignty of
the State."y Ibid, 145.
In showing that the sovereignty of the State i»
not represented in the House of Representatives, I
have swept off the only position upon which the
executive of Alabama, on constitutional grounds,
bases the general ticket bill—and if the sovereign-
ty is not represented tliere, it follows that the peo¬
ple of every State, in numbers combining the re¬
quisite ratio of inhabitants, both under the techni¬
cal forms and precedents of the Constitution; and
upon every principle of expediency are entitled to
choose representatives, who will be answerable to
them, and stand a perfect transcript of their will.
I now proceed to prove that representation, in
the House, being by the Constitution authorised to
he in proportion to numbers and property in slaves,
to the extent of three fifths; it was in the contem¬
plation of the federal convention, that this repre¬
sentation should be had by districts, as more fully
perfecting this representation.
And proceeding with this branch of the argu¬
ment, I desire to call attention to some of the views
of the members of the federal and State conven¬
tions, in reference to the subject. Luther Martin
in the address before alluded to, uses this language:
"With respect to that part of the second section of
the first article, which relates to the apportion¬
ment of representation, and direct taxation, there,
were considerable objections." "It was urged,
that no principle could justify taking slaves into
computation in apportioning the number of repre¬
sentatives a State should have in the government;
that it involved the absurdit}7 of increasing the pow¬
er of a State in making laws for freemen, in pro¬
portion as that State violated the right of freedom;
That it might be proper to take slaves into conside¬
ration when taxes were to be apportioned." And
it was asked—"Why slaves should, as property, bo
taken into account, rather than horses, cattle,
mules, &c." and the opponents of the proposition
put their objections on the ground that it gave the
southern States an undue influence in the legisla¬
ture. See address p. 4:2.
The rule, however, as the constitution shows,
was adopted; and it is apparent, that as between
the States, representation was net intended to ap¬
ply to numbers only", but numbers, embracing the
slaves of the slave holding States, to the extent of
three fifths; so every reason which induced repre¬
sentation on this basis should induce the adoption
of the same principle, by the .States: And docs not
the State of Alabama violate this principle, when
she gives to one portion of Ihe State by numbers
only, a weight which, if numbers embracing three
fifths of the slave population, were considered, she
would not obtain? Yet, these special northern
friends of southern rights, pretend to enforce the
principle, that numbers should govern, because
■numbers would concentrate the political energies
of the State—not regarding the rights of those
particular sections of the State, which embrace all
that, the constitution requires to give representa¬
tion, to wit: Forty-seven thousand seven hundred,
persons, who are to be- computed by taking the
whole number of freemen, and adding thereto
three fifths of the slaves. The establishment of
such a principle would justly cause southern slave
holders to look well to the condition of their rights.
They would in truth tremble on a precipice, whose
chasm I fear to look down upon. I, however, now
venture to predict, that the advocates of the gener¬
al ticket bill, when they come to argue the question,
to the democracy of the mountains, will treat with
scorn and derision, the idea that slaves should be.
represented. I remember, in. the debates in the.
Massachusetts Convention, on this subject, it was.
said by Mr King, that five negro children of South
Carolina, were, in the constitution, equal to three
of the Governors of New England. Thus, I sup¬
pose, we shall have some good democratic leader,
telling the democracy of the north, 'Why they
want to make five of their "niggers" as good as
three of the democrats of North Alabama!
I again say, that the bill cannot bo defended un-'
less the rule is laid down, and adhered tor, by its
friends, that numbers only should control represen¬
tation: And if they do .this, they must adopt the
very arguments of those, who in the federal con¬
vention, were opposed to the representation of the
slave property of the south. For, as I have before
said, if this property is entitled to representation in
the National Congress, as a principle in the divi¬
sion of many States; afortioriit is entitled to the
same representation on a division of any one State.
Against these plain propositions, nevertheless what
say the advocates of this bill? Why, 'the State of
Alabama, is, as a party, democratic. In this re¬
spect she has not her full influence in Congress,
that is, she has not five democratic votes on the
floor of the House of Representatives, because,
three districts in South Alabama will elect Whigs.
These three districts have, all that the constitution
requires to give each of them a representative. We
have, however, five thousand democratic votes to
spare; and upon those three districts we will cast
these extra votes, and thus elect men, who agree
with us, on a mere abstraction? Here, I cannot
myself furnish argument half—one tenth part, so-
potcnt, as an extract from a speech of that great,
and much abused man, Alexander Hamilton, who,
in defending the south in the New-York Conven¬
tion says: "The first thing objected to, is that
clause, which allows a representation for three-
fifths of the negroes. Much has been said of the
impropriety of representing men, who have no will
of their own. Whether this be reasoning or decla¬
mation, I will not presume to say. It is the unfor
tunate situation of the Southern States, to have a
great part of their population, as well as property,
in the blacks. The regulation complained of, was
one result of the spirit of accommodation, which
governed the convention; and without this indul¬
gence no union could possibly have been formed.
But, sir, considering some peculiar advantages
"which we derive from them, it is certainly just that
they should be gratified. The southern States pos¬
sess certain staples, tobacco, rice, indigo, &c.
which must be capital objects in treaties of com¬
merce with foreign nations; and the advantages
which they necessarily procure in those treaties,
will be felt throughout all the States. But the jus¬
tice of the plan will appear in another view. The
best writers on government have held that repre.
mentation should be compounded of persons and
property." And "representation and taxation go
together—and one uniform rule ought' to apply to
both. Would it be just to compute these slaves in
the assessment of taxes; and discard them from the
•estimate in the apportionment of representation."
2d. Elliott's deb. p. 236.
But to show that it was the belief of the framers
of the constitution, that this principle of represen¬
tation, as in the foregoing extracts shewn to be
just, could be better protected in the district sys¬
tem. I proceed with proofs.
In the convention several plans were submitted.
•On page 146 of the secret proceedings, it is said,
that Mr Hamilton introduced his project, by which
he "proposes, that the Assembly (or House of Re¬
presentatives of the United States) be elected for
three years, by the people in districts.
Mr Pinckney was for leaving the whole subject
to the control of the legislature of the States. In
opposing a plan reported, he said, "if you make dis¬
trict, elections, and join, as I presume you must,
many counties in one district, the largest county
will carry the election," &c. Mr Madison oppos¬
ed Mr Pinckney's views, and advocated the plan
reported, by which Congress was to lay off districts:
And he said, "There are difficulties, but they may
be obviated in the details, connected with the sub¬
ject." Ibid, 158-P.
Again: Luther Martin says, it was urged in the
convention, that, "upon just principles of represen¬
tation, the representative ought to speak the senti¬
ments of his constituents, and ought to vote as
as his constituents would do (so far as he can
judge) provided his constituents were acting in per¬
son, "That the representative ought to be depen¬
dent on his constituents and answerable to them;
that the connexion between the representative and
the represented ought to be as near, and as close as
possible." Address, page 36.
In the debates on this question of representation
in the conventions of the States, I find the follow¬
ing concurring proofs.
In the convention of Massachusetts, Mr Jarvis
said, "by reenrring- to the second section, (of the
constitution) it would appear that 'representations
and direct taxes shall be apportioned among the
several States, according to their respective mem¬
bers," it equally appeared, that thirty thousand
inhabitants were entitled to send a representative;
and that wherever tiiis number was found they
WOULD HAVE A RIGHT TO BE REPRESENTED in THE
FEDERAD LEGISLATURE. Elliott, 2d Vol. p. 57.
Mr King said, "if it was practicable, it would be
necessary to have a district, the fixed place," for
the manner and place of elections. Ib. 74.
And alluding to the propriety of Congress adopt¬
ing some general rule on the subject, he says: "By
the Constitution of South Carolina, the city of
Charleston has a right to send thirty representa¬
tives to the general assembly; the whole number of
which amounts to two hundred. The back parts
of Carolina have increased greatly since the adop¬
tion of their constitution, and have frequently at¬
tempted an alteration of this unequal mode of re¬
presentation; but the members from Charleston
having the balance so much in their favor, will not
consent to an alteration: And wo see that the del¬
egates from Carolina in Congress have always
been chosen by the delegates from that city. The
representatives, therefore, from that State, will
not he chosen by the people, but will be the repre¬
sentatives of a faction of that State. Ibid. 75.
Here I pause to apply this argument to the case
I am considering. The Alabama legislature has
a majority of democrats in that body. The nor¬
thern part of Alabama has a majority of voters.—
Hence the legislature give to that portion of the
State, the control founded on numbers merely of
the whole representation in Congress. This re¬
presentation then is not chosen by the people, but
by a faction.
In the same debates, Chief Justice Parsons,
speaking of the propriety of giving Congress the
power proposed by the fourth section of the 1st ar¬
ticle, said—if Congress did not have this power, a
State legislature under the influence of ambition or
popular characters, or in times of popular commo¬
tion, and when faction and party spirit run high,
would introduce such regulations as would render
the rights of the people insecure and of little value.
They might make an unequal and partial division
of the State into districts, for the election of repre¬
sentation. Ibid, 55.
Alexander Hamilton in the New-York Conven¬
tion, said, "The rational and troter mode of
holding elections, will be to divide the STATE
tNTO DISTRICTS IN PROPORTION TO THE NUMBER TO
BE ELECTED." Ibid, 251.
With the view of giving Congress power to pre¬
vent the States from acting unjustly, in the man¬
ner and places of elections. Mr Smith proposed
the following amendment to the fourth clause of
the. first article: "And that each State shall be di¬
vided into as many districts as the representatives
are entitled to, &c. This was in the New-York
Convention; and when called on for his reasons,
he raid, "the amendment was founded oh the fun¬
damental principles of representative government.
,As the constitution stood, the whole State might
be a single district for election. This would be
improper. The State should he divided into as
many districts as it sends representatives. The
whole number of representatives might otherwise
be taken from a small part of the state." Ib. 312.
In the Virginia Convention, Patrick Henry op¬
posed the 4th section, 1st article, giving Congress
control over the time, manner, and place of elec¬
tions of representatives to Congress. He said,
"gentlemen have attempted to obviate the objec¬
tion, by saying that the time is to happen once in
two years; and that the place is he within a par¬
ticular district." Ib. 183.
Again: Patrick Henry says, "what does the
term, representation signify? It means that a cer¬
tain district, a certain association of men, should
be represented in.the government." Ib. 308.
In opposing this clause, Mr Mason declared,
that evil might arise. "Suppose, (he said) the
State of Virginia should adopt such regulations as
gentlemen say, (and in which I accord with all my
heart) and divide the state into ten districts,"
&c. Ib. 375.
Passing over various other opinions upon this
part of the subject, all tending to the same end, I
shall close with the authority of Charles Cotesworth
Pinckney, in the South Carolina legislature, on the
question of the adoption of the federal constitution.
He says, "the state may be divided into five elec.
lion districts, and the freeholders in each election
district may choose one representative; these free¬
holders need not all meet at the same place, in one
district—they may ballot in their particular pa¬
rishes and counties on the same day and the bal¬
lots riiay be thence carried into a central part of
the district, and opened at the same time; and
whoever shall appear to have a majority of the
votes of the freeholders of the whole district, will
be one of the five representatives for this State."
4 Elliott, 291.
And while at this authority, I will anticipate a
part of my subject, by calling to the attention of
the people of the districts I address, to the position,
that a time having arrived when, in the language
of Chief Justice Parsons, faction and party spirit
have run so high, as to render the right of these
people to be represented, on the basis of the constU
tuticn of the United States, insecure and of little
value to them—they have the right, and in duty to
the preservation of a constitutional principle of li¬
berty, ought to petition the Congress of the United
States, to pass a law by which to secure the con¬
stitutional privileges of which one hundred and
eighty-two thousand four hundred and sixty of the
people have been disfranchised; which people own
169,942 slaves. And for this position; I adduce
authority.
"If any State should attempt to fix a very irii
convenient time, for the election, and name only
one place in the State, or even one place in one of
the five election districts, for the freeholders to as¬
semble to vote; and the people should dislike this
arrangement, they can petition the general govern¬
ment to redress this inconvenience."
Charles C. Pinckney, in the legislature of South
Carolina. 4 Elliott, 291.
Again: "It is absolutely necessary, that Con¬
gress should have this superintending power, lest
by the intrigues of a ruling faction in a State, the
members of the House of Representatives should
not really represent the people of the State."—
Ibid 291.
And I now submit to the people of the three
districts, whether it would not be proper to elect
their representatives, and carry the matter, by
contest, before Congress. The five members who
will be elected under the general ticket law, will
to bo sure carry the great seal; and the disfran¬
chises of New-Jersey, will no doubt, then, prove
valiant defenders of state rights, and state seals!
But we can show, that the legislature, by this law
have disfranchised a majority of the State, accord¬
ing to the principles of computation recognised in
the federal constitution; and that the elected will be
the representatives of a party, and not of the peo¬
ple of the State.
This branch of the subject comes, however, most
properly under my third division; and in showing
that the district system is conformable to the plain
construction of the constitution, I shall take occa¬
sion to show the authority of Congress over the
matter; and to exhibit the relative proportion which
the numbers and slave property of the third, fourth
and fifth districts, bear, to the two other districts.
Among the provisions reported by the commit¬
tee of five who first drafted a constitution, was the
following: The legislature shall regulate the num¬
ber of representatives by the number of inhabi¬
tants at the rate of one for every forty thousand.
In Secret Proceedings, p. 256.
9
If'he control of Congress over the matter was
Subsequently given in the following words:
"The times, places and manner of holding elec¬
tions lor Senators and Kjprercntatives, shall bo
prescribed in each state by the legislature thereof,
but the Congress may, at any time by law, make
or alter such regulations—except as to the places
of choosing Senators." Constitution of the Uni¬
ted States, art. 1, sec. 4.
I have shewn above, by the speeches of Ch. J
Parsons, Patrick Henry, Mr Jarvis, Mr King and
Mr C. C. Pinckney, that both republicans and fed
eralists, agreed that the Congress was prohibited
from interfering with the place of choosing Sena¬
tors, because they were to be chosen by the legis
latures of the State, and represented the sovereign
ty of the State: And that power of controlling the
times, places and manner of electing the other
branch was given, because, that branch was to re¬
present; the people of particular districts; and to pre
vent the legislatures of the States from violating
the rights of these people to representation, ac¬
cording to the forms of the constitution; and also to
give the Congress a superintending power, lest by
the intrigues of a ruling faction, in a State, mem¬
bers of the House of Representatives, should not
represent the people of the State.
If I now show that a majority of the member ofi
the state, embracing free whites and three fifths of
their slaves have, been disfranchised by this bill, I
shall establish conclusively, the control of Con
gress over the subject, under the fourth section of
the first article; and its outrageous tendency, as a
measure of injustice and oppression.
The following table, selected from a published
statement of the last state census, exhibits the
state of white and slave population, in the several
state districts:
Districts in Congress and Population.
FIRST.
Whites.
Blacks.
Jackson,
13,610
1,747
Madison,
11,901
12,765
Morgan,
6,920
3,269
Blount,
5,004
385
St. Clair,
4,215
1,075
Benton,
8,121
2,390
Randolph,
2,814
403
52,685
22,042
SECOND.
Limestone,
8,564
7,103
Lauderdale,
9,198
4,861
Lawrence,
Franklin,
8,515
6,221
Marion,
Fayette,
Walker,
Pickens,
Tuscaloosa,
Jefferson,
Bibb,
Shelby,
Perry,
Greene,
Talladega,
Sumter,
Autauga,
Montgomery,
Pike,
Henry,
Dale,
Covington,
Butler,
Lowndes,
Conecuh,
Coosa,
Tallapoosa,
Chambers,
Macon,
Russell,
Barbour,
Mohile,
Baldvvin,
Clarke,
Washington,
Wilcox,
Dallas,
Marengo,
Monroe,
5,657
3,511
35,445
THIRD.
5,817
11,434
5,420
6,081
5,569
8,118
' 9,282
8,038
9,157
904
185
68,916
FOURTH.
5,528
6,652
6,926
4,530
4,546
1,579
6,099
5,980
3,567
3,956
2,982
7,289
2,735
4,035
6-280
72,675
FIFTH.
11.742
1,008
4,099
5,573
7,513
5,848
5,086
40,869
RECAPITULATION,
First District, 52,685
Second District, 35,445
Total in 2 north, dist. 88,130
Third District, 68,916
Fourth District, 72,675
Fifth District, 40,869
19,283
5,267
7,059
1,652
1,831
1,645
9,399
16,527
4,401
11,150
58,931
6,571
12.586
1,814
1,159
408
369
2,422
10,251
3,373
1,553
1,830
5,510
3,443
5,569
2,980
59,846
.6,4.74
1,294
3,433
8,132
14,961
11,000
4,821
51,165
22,042
19,283
41,325
58,931
59,846
51,165
Total in 3 south, dist. 182,460 169,942
By the above tabic;, it will be perceivt d, the
10
without Washingten county; the census of which
is not in the published table, the fifth district has a
population of 51,165 slaves, the second district 19,-
283 slaves—leaving- a majority in favor of the
fifth district, of 31,882. Three fifths of those with¬
out fractions, is 19,128—which added to the num¬
ber of whites which are left in the fifth district,
after deducting the white population in the second
district, leaves a majority of the numbers entitled
to representation, in the fifth district of 24,552.—
Now take the first and fourth districts: In the
first district, there are whites 52,685; in the fourth,
72,675; majority in favor of the fourth district
But suppose we consider this matter in another
print of view, and show where this boasted demo.'
cratic majority reside, who are thus to control all
Alabama.
According to official statements, the democratic
majority at the late Presidential election was
5,520. The first district composed of Jackson,"
Madison, Morgan, Blount, St. Clair, Benton, Ran¬
dolph, cast for Van Buren, 8,107 votes.
For Harrison, 1,717 "
Majority for Van Buren, 6,390
The second district composed of Limestone,
19,990; slaves in the first district; 22,042; slaves]Lauderdale, Lawrence, Franklin, Marion, Fay.'
in the fourth district, 59,846. Majority in favor of
the fourth district, 37,804, three fifths of whom is
22,680—which added to 19,990, the majority of
whites in the fourth district, makes 42,670—which
is the majority of members entitled to representa¬
tion in the fourth district. Add these together
thus:
Majority of whites and 3-5 of slaves in
5th over first district, 24,552
" '* 4th over second, 22,680
47,232
Add whites in third district,
" 3-5 of slaves in 3d district,
68,916
35,358
104,274 104,274
ette and Walker, cast
For V. Buren,
For Harrison,
5,290 votes.
2,930
Majoritv for Van Buren, 2,360
The third district composed of Pickens, Tusca."
loosa, Jefferson, Bibb, Shelby, Perry, Greene, Tal-"
ladega and Sumter, cast
For Harrison, 8,125 votes.
For Van Buren, 6,765
Total, 151,506
Sd that the whole majority of white persons in the
third, fourth and fifth Congressional districts; and
three fifths of the slaves in those districts, over the
first and second districts, is one hundred and fif¬
ty.one thousand five hundred and six. B.Ut
because there are forsooth, 5,520 more voters, in
those two northern districts, the 151,506 persons,
entitled to be represented, must be controlled by
them; as if representation in Congress was appor¬
tioned by votes; and not by the number of white
persons and three-fifths of their slaves. It is no¬
thing. that the Constitution of the United States,
artiole 1, sec. 2, clause 3, declares "that the number
of representatives shall not exceed one for every
thirty thousand." It is nothing that here is an
express clause,, that such a number of persons
(subject to farther enumerations) shall be repre¬
sented. It is nothing that it is plain, that the in¬
tention of the framers is shown to have been, that
every interest combining the particular ratio,
should be represented. It i3 nothing that by re¬
presenting every such interest you comply with
the essential object of government, which that same
Majority for Harrison, 1,208
Whole number of votes cast for V. B.
Weole number of votes cast far Harrison,
Majority for Harrison, 1,360
The fourth district composed of Autauga, Mont¬
gomery, Pike, Henry, Dale, Covington, Butler,'
Lowndes, Conecuh, Coosa, Tallapoosa, Chambers^
Macon, Russell and Barbour, cast
For Harrison, 9,622'votes.
For Van Buren, 7,082
Majority for Harrison, 2,540
The fifth district composed of Mobile, Baldwin,'
Clarke, Washington, Monroe, Wilcox, Dallas and
Marengo, cast
For Harrison, 5,401 votes-
For Van Buren, 4,193
31,437
27,795
*3,642s
Majority for Van Buren,.
Of the whole number of votes given, 41,188 were
cast in that portion of Alabama, which compose
the third, fourth, and fifth districts, and which gave
a clear Whig majority of 5.108 votes. The two
northern districts gave of the whole number of
votes cast in the State, 18,044, of which 8,750 were
majorities for Van Buren. The injustice of permit¬
ting these two districts, embracing 18,044 votes,
and 41,325 slaves to keep in subjection, ready har¬
nessed for any purpose, by mere numbers of vo-
eonstitution tells us was formed to establish ius- ters, three districts embracing one hundred and
tice, perfect the union and promote the gencrali eighty <-*./! aiyty whites.
welfare, &c.
and file hundred and sixtv-nmc thousand in ->c hun-f
1
fired and forty-two slaves—need but be stated, to
be admitted by all except those who, ravenous with
party rage, would wish to deal with Alabama as the
savage; who cuts down the tree, and destroys its fu
ture production, that he may glut his appetite, with
the fruits of the present season.
I have now shown that it was in the contem¬
plation of the framers, and expositors of the consti¬
tution of the United States, that representatives in
the first branch, should be selected by persons in¬
habiting districts, in order that such quota and in¬
terest should be represented: And also that no in¬
terest or principle of State sovereignty ever can
be compromitted by the district system, because
that sovereignty is committed to the Senate where
it is represented, under the appointment of the
•State legislatures; and where, quo ad hoc it will
be presumed to be safe. But notwithstanding, the
advocates of this general ticket bill, in the face of
all proofs—proofs showing that the right to choose
members of Congress is a right not of votes merely,
but a right founded on numbers and property in
slaves, conjoined, contend, for making a sacrifice
of all the interests of these, to answer purooses,
repudiated by every line of the constitution; and
■every commentary upon it. According to their doc¬
trines three districts in Alabama, possessing a ma¬
jority in numbers and property, necessary for repre¬
sentation, are to be governed by a bare minority of
numbers and property, because this minority of
Ayhat makes up the ratio of representation, con¬
tains a few more voters, all of whom inhabit a
portion of Alabama, whereas I have shewn, the
numbers and property in three fifths of the shares,
are not equal by upwards of one hundred and fifty
thousand, the same numbers and property in three
■fifths of the slaves,—in South Alabama; and which
these votes control. Thus, five members of Con¬
gress arc to be chosen—those five members, will
owe their election to the majority of votes, which
as I have proved, belong to the democracy of
North Alabama. They will be cast as the demo¬
cratic caucus direct, not as the interest of the
whole number of whites and three fifths of their
slaves require. The members elect will, there¬
fore, represent, not these last, but 5,529 voters, to
whom they must look for direction, as they look
for favor: And the whites and slaves of the south
must be represented, if at all, in the second degree;
and then only so far as docs not interfere with the
party, or its men! Well did a freeman once de¬
clare—that tyranny, consisted as much in being
under the control of representatives, of representa¬
tives, as being without any representation what¬
ever.
In the next number I shall establish the forego-
i
ing positions, further, by showing, that there is a.
distinction between a representation founded on
suffrage, (or as the term is used votes) based on
numbers only, and one founded on suffrage com*
bining numbers and three fifths of the slaves,—in
this, that the argument that the general ticket bill,
is defensible on the right of the voters as numbers
to control the election of all the representation, is
the very argument upon which, in some states,
(perhaps Mr Van Buren's views) they give free
negroes votes. CURTIUS.
*Note.—The above table does not agree with
published statements, because the counties formed,
since the Congressional districts were laid off, are
not included, to wit: DeKalb, Cherokee and Mar.
shall.
No. 3.
In my last, I said I would pursue this sub*
jeet to some further extent, by showing a dif¬
ference between a suffrage founded on the
mere number qf votes, and a suffrage combi-r
ning the number of the white population, and
three-fifths of their slaves.—And in which t
would consider, also, how far those who con¬
tended for free negro suffrage, founded their
positions on the doctrine, that numbers should
govern representation.
Universal suffrage is a favorite topic, Avith
political fanatics. But a fraud is committed
on the word "suffrage," as well as upon the
public ear, in this : Jt is made either to mean
the right of all men, to vote,—or to mean the
right of all men, forming portions of a gov¬
ernment, fa be represented. None of us de¬
ny the right of all to be represented. We
indeed go farther, and say, even cur property
—our slaves—should be represented. Bui
we say, to secure the representation of these
interests, they should not be under the con¬
trol of mere votes, ■ because a majority of
votes, may possibly not consist of a majority
of those Avho have slaves, and thus this inte¬
rest would go ahvays without representation.
The right of men to vote, then, which some
of the Northern States say, should extend to.
the free negroes, has nothing to do with the
question of what the. constitution says shall
be represented : and if it does not say that
votes only shall be represented, of course votes
only cannot constitutionally control represent.
tation—as must be the case, if the position be
true, taken by the Executive, that the will of
the people, which is to be ascertained by their
votes, constitutes the cardinal and distinctive
feature of representativegovernment—which,
I consider as only saying, that votes form the
representation. According to the constitu¬
tion of Alabama, white persons only, can
vote. A white man casts his vote, therefore,
for himself, hie.family and his slaves: he
1
thetrefoi'e does his part in providing for their'
representation ; and if a majority of those
who have the same interests, select certain
men, It is well; but if a majority of those
who cast votes for themselves only, having
no slaves, elect men, because they have a
majority of the votes, I maintain that the
slaves are not represented.
I Will show this, by another view. The
Northern States protect the interests of their
negroes, by allowing them to vote, because
they are, there, recognised as free. The
Southern States say, our negroes are not
free—they are slaves: but we will not give
you a preponderance in representation, by
counting out our negroes, and counting in
yours. You tay you count them in, on the
principle of their right to vote: we count
them in, on the principle that you tax us for
them. Therefore, while we cannot permit
them to vote, we insist on their representa¬
tion— because a representation and taxation
are inseparable. Does not every one perceive
the justice of this reasoning? And where
lies the difference, in the argument of the
advocates of the General Ticket bill ?
If North Alabama, having few slaves, and
a majority of white voters, insists on making
the will of this majority of voters, govern
the whole representation, does she not affect
the Southern interest, as uni . -tlv as the
Noithern States, who would apportion their
representation to their numbers, including all
their negroes, because they are free—and ap-
fiortion our representation to our whites on-
y, because our negroes are slaves ? YvThen
a State undertakes to prescribe the qualifica¬
tion of voters, it does so with reference to
the security of the. most essential interests of
the whole. Our Slate justly says the inter¬
ests of the whole cannot be protected by
allowing our free negroes to vote, because
they form a degraded class, and have no will.
The Northern States do allow them to vote,
because they say, that, recognising all men
as free, we must give them the right of ex¬
pressing that freedom by voting. What fol¬
ly to suppose, that the will of free negroes
ought to control representation, because they,
in some States, vote.
Demagogues and true lovers of constitu¬
tional liberty, have always had strong con¬
tests, upon this very point, of representation:
hnd I will directly submit proofs, showing
that the Federal Convention had more diffi¬
culty in settling a standard for representation,
than on any other question.
The pretended favorers of free suffrage,
among colored men, take these positions.—
All men, they say, are free and equal. De¬
mocratic governments are founded on the
icill of men,—all men, being free and equal,
have, of course, a icill; and if governments
2
should be foundtd on the icill of men, all
men should have the right of exercising that
irill. Universal suffiage, then, being the
most untrammelled mode of ascertaining the
will, should be adopted, because it determines
by numbers, what the will of men, which is
the'willof a society of men, is. Where then,
say they, a society is composed of men who
are free and equal, we have no right to look
to the color of men. And thus, say they, a-
mong white and colored men, the right of u-
niwrsal suffrage is proved to be equal.
These men, run mad after the subject ofpor
lilical ethics, however, forget to regard
the great object of society, which is security
against wrong,—and unless they prove that
numbers ha ve a stronger appreciation of right
and wrong, or that numbers will always se¬
cure the eternal principles of justice, from
being violated, they no more prove that num¬
bers should govern, than the advocates of the
General Ticket prove that numbers should
control a representation not given on num¬
bers only.
In reference to the above views, none of
us deny but that governmental liberty con¬
sists in administering the largest good to the
largest numbers; but this is not saying
that the largest numbers will always agree
upon what forms the largest good. So with the
General Ticket—none of say, that numbers
-:hould not be represented, — we only say,
that a bare majority of numbers, who vote,
should not control a representation ol the
whole number which is represented, and
which consists of more interests than mere
suffrage. Suffrage, I have said, is used gen¬
erally, to signify the right of voting: there-
tore, the advocates of general suffrage, say,
voting for men to govern you, is a natural right,
which is not given up, when men enter society—
because it would not comport with the dorign of
men, informing society, that they should give up
the means of controlling the end. If we look to
the derivation of the term suffrage, however, we
will find it comes from the same words as suffer :
suffero, sub, under, and fcro, to bear. Therefore,
I conclude, that a more rational application of the
word, wculd be to the lights of those who suffer
the burthens of society, i. e. pay taxes, &c. And
it is worth}" of remark, that in various parts of the
proceedings of the Federal Convention, I find the
word "suffrage," not applied to the mere right of
voting, but to the manner of determining the scale
of representation. Tiius, a resolution was intro-
duccd into the convention, of this character: that
the present nicde of representation was unjust—
that suffrage ought to be in proportion to number
or property.—(See proceedings, 103.) Now sure-
ly here, it was not intended, that voting was suf-
13
ftjlgc, because the words "representation," and "in'preoLntation. These objections cat'nc from the
proportion," were used, which excludes the idea.^non-alavc-holding States, and were based on
Again this resolution was debated : their jealousy towards the slave representation
"Resolved, that the .lights of suffrage, &c..'of the Gouth. Luther Martin says, it was said'
Ought to qe apportioned to the quotas of contribu-'iu Convention, that "all individual men, who
tion, or the number of inhabitants.—(Proceedings are equally free, have a right to equal represen-
117.) |tion." That an inhabitant of 011c State was of
I adduce these authorities to show that the word as much consequence as the inhabitant of ano-
"suffrage" should not be restricted to the tcrm'tber, "(hat if he was there as free," he was c-
livoting," which involves one right; but should be qually important, &c.—Address, p. 21, 22.
extended to representation, which involves ano-j Again, he trays, — "It was denied that an ei¬
ther; and because those who advocate the right of quality of suffrage was originally agreed to, ou
numbers, merely do so, on the assumed right of principles of necessity or expediency ; on the
those numbers to vote,—which, as I have shown,'contrary, that it was adorned, on the principles
is not the only right, upon which representation of the rights of men."—lb. 23.
rests.
Tho Constitution of the United Stales, (Art. 1,
sec. 2 clause 3,) uses the following words :
Mr Madison said, "In England, at this day,
of elections were open to ali classes of people,
the propcrfjr of the landed proprietois would be
'■fRepresentatives and direct taxes, shall be apynsccure. An agrarian law would soon take place."
portioned among the several States, according to Secret Proceedings 163,
their respective numbers, which shall be determi¬
ned by adding to the whole number of free persons,
incuding those bound to service for a term of years,
and excluding indians, not taxed, three-fifths of all
other persons."
By three-fifths of all ofhor perrons, was meant
slaves; and why "slaves" were not named, will
Mr Martin said — "Representation and taxa¬
tion, are ever inseparable."—lb. 192.
In the Massachusetts Convention, Mr Dana
said, that the blacks of the South should be
considered either as slaves, and as so much pro¬
perty, or in the character of freemen—as they
were told by the Northern Gia'.cs—"If then they
occur to every one. In debates, in Massachusetts,'are freemen, continued he, they might form an
Mr King explained this section : He says :
" These persons are the slaves."—! Elliott 62.
In this clause representation is not apportioned
equal basis for representation with white men."
Elliott, vol. 2. p. 66.
In the Convention ofNsw-York, Mr Smith said,
according to numbers of votes, but numbers of free " He could not see any rule by which slaves were
persons, and three-fifths of their slaves. And to to be included in the ratio of representation : the
show the view of even the non-clavc-holdirig principle of representation being that every free
States, upon this subject, it need only be remark-]agent should be concerned in governing himself,
ed, that while I presume New York, Connecticut, it was absurd, in giving that power to a man, who
New Hampshire, &c., have always counted their could not exercise it. Clavcs have no will of their
black and colored population, as part of the num- ewn."—2 Elliott, 227..
ber, entitled to representation, I do not know that In the Convention of North Carolina, Mr Gou-
any of them, have ever given these same blacks dy said, " If a State Las fifty thousand negroes,
and colored men, the unlimited privilege of vot-ishe is to send one representative for them. I wish
ing, without a property qualification. And here not to be represented with negroes."
I would like the friends of this general suffrage
bill, to answer the question, what becomes of the
doctrine, that State sovereignty depends on the
Mr Davie raid,
" The eastern Slates hail great jealousies, on
this subject. They insisted that their cows and
numbers of those who vote? In New York, nc-'horses were equally entitled to representation ;
groes, with a property qualification, vote. If nc- that the oncwas property, as well as the other. It
groes, as we know they do, vote, and a majority became our duty, on the other hand, to acquire
of voters will consummate State Rights, how much as much weight as possible, in the legislation of
of State sovereignty docs the free negroes re- the Union : and as the Northern States were more
present. ? |papulous in whites, this only could be done by in-
In the contention in the Federal Convention, listing that a certain proportion of our slaves,
amidst which the clause quoted above, was cli-'should make a part of the computed population."
cited, the opposition to that clause was predi- -I Elliott 59.
cated on the right of all free men, only to vote,! . Without multiplying authorities, on this point, I"
and ot a majority of those voting to control re-'submit it- to the candour of every candid man, if
14
tfiic above extracts have not proved, | Shaii all these persons not voting, be entirely un*
1. That mere numbers of votes, was never in represented, as must be the case, if representation
the contemplation of the framers and expositors is to be confined to the votes cast ? or if the repre.
of the constitution, in considering the subject of scntatives should be chosen in reference alone to_
representation. jtlic views, political or otherwise, of a bare majori-
2. That they formed representation oa a basis.ty of those who chose to cast their votes? Sup.
consisting of numbers, composed of freemen, and pose Kcntuckj' and Ohio, formed one State, does
three-fifths of their slavas.
3. That it was designed to leave the qualifica¬
tion of voters to the regulation of the Slates.
4. That the very doctrine upon which slave re-
resentation of the South was opposed, was the doc
not every one perceive, that, on the supposition,
that votes should control representation, Ohio
would elect all the representatives, opposed to sla¬
very. And suppose all slaves were in South Ala",
bama, and none in North Alabama,—would the
trine, that voters only should govern representation. 5,000 majority in North Alabama, core for the in-
The authorities cited, authorise the following'terust of the slave-holders, in South Alabama ?
deductions : j The Governor of Alabama says, " It (the Gene-
1. That the doctrine, that numbers of votes ral Ticket System,) gives to a majority of the
should govern, was a favorite doctrine with those whole people of the State, at all times, whatevor
who, in forming the constitution, insisted on ex-'may be their political opinions, the entire, undivi-
cluding the slaves of the South, from rcprescnta-'ded weight of the whole representation in Con-
tion. 'gross." I have shown, that it gives to a majority
2. That if, in Alabama, as contended, the nam-'of the whole people, who vote, not the whole enti-
ber of votes only forms the distinctive feature of tied to representation ; this weight, &c. And that
representation—becaus e the means of ascertaining it gives it to them, through their votes only. These
the public will, which is the cardinal feature of^ depending- on their iclil, I proceed to consider how
representation—such number of votes is not to be far the will of men should regulate regresentation.
confined to any class of votes, and ag an argu-| It is notorious, that if the will and interests of
ment, is equally potent, when these votes consist those entitled to representation, under the district
of the voths of free negroes, as when made up of system, is consulted, there will be three Whigs
the votes of men, who, beyond their votes, have
not one solitary interest to protect, ir. society.
I proceed to shew the folly of regulating reprc-
sention, by the, will of the number of voters; or
even the will of men.
It would be monstrous, in principle, to confine
the action of representation, to the mere mejoritv
of votes : because the voters might bo but a very
small portion of the whole number of the rcpre-
and two Democrats, in the next Congress. It is
equally notorious, that the General Ticket bill is to
avoid this state of things, and defeat the will of
these districts, by subjecting it to the will of the
voters of two districts, with more votes, but fewer,
representative elements, if I may so express my¬
self. How far, then, a democratic will, with a re¬
presentative interest, consisting of 88,130 whites,
and 41,325 slaves, is better capable of ascertaining
sentcd—which I have shown is not alone compos- the qualifications necessary in a representative—
ed of the voters. From indifference, the influence |t!ian cue embracing 182,460 whites, and 169,942
of a faction, and various other reasons, those enii- slaves, because the former has a few more votes:
tied to vote may not attend the polls ; and a mi-lor how it can be proved, because possessed of a
nority of the whole, thus control important clec-[majority of votes, to be more competent to deten¬
tions, as we have seen. In Alliens, the number mine upon correct principles of government, I
of voters was computed at 25,000,—the actual think, would be a puzzling enquiry, with the lu-
number of votes, scarcely ever exceeded 5,000, on urinous expositor of this system,
the most important and interesting questions.—.j Lieber (vol. 2, p. 520.) says, " There can be np
Thucydidcs viii, 72. j doubt, that an overwhelming majority of all the in-
In France, in 1836, the votes cast were 729,211, habitants of the earth, believe that the sun moves,
the number of voters, was 171,015. In 1837, the alld not Ike earth." " The mere number of itsalf,
votes cast were 151,729, the number of those en. does no more guarantee truth, than the chance of,
titled to vote, 198,836. birth."
In Conneclicut, in 1830, every 10th man votcd.l The Democracy say, the will of the pa¬
in 1836, the votes at the Presidential election,were J01"'1/ democtacy has the majori.-
1.498.8S5.—The white population war,, in 183(1, 'J'!,,11'™'0"; l!,e democracy la right. The
10,526,218—ao that one out of eleven white pev ** 01 T " 1'°°™° 3
' ' 1 the general ticket bill—therefore, the general
sons voW.-Leib. Pol. Fflh. vol. 2, p. 38. ■ icl:( T M]1 is rioilt! They do not tell us, how-
ever, that that 10ill is always directed as the
leaders in caucus, dictate. When John Wilks
Was asked, how he permitted himself to be
governed by the will of the rabble who in¬
structed him, he said—"Oh I always write
my instructions myself!!
Here I may well pause to consider how
shamefully dependent the right of represen¬
tation has become, when it is to do the bid¬
ding of mere leaders of a party, who stand¬
ing behind a screen on which is written "de¬
mocracy of the people," direct that people
Votes as they please—I may, too, well ponder
upon the propriety of allowing the will of vo¬
ters, thus governed, to become the index of
what the constitution is to perform, or the
citizens of the country to suffer. The right
bf representation is a sacred right. It can¬
not be interfered with, without moving one
step towards tyranny; and that step is doubly
dangerous if taken in the guise of democracy.
If we trace the origin ol this right, through
those dangerous and trying scenes, which
history exhibits in-the efforts, which men of
&11 nations have mace for liberty; we shall
be struck, with the fact, that the first attack
of tyrants upon the rights of men, or of men
upon tyranny, have been directed to the prin¬
ciple of representation. Edward the second,
while in a writ of election which called the
commons together in his reign, he admitted
/the propriety ol the doctrine, that the freehol¬
ders should choose "men of knowledge and
experience" to the commons, yet called upon
them to appoint the men, whom the privy
council shall recommend; and history tells us,
that upon this suggestion, many were return¬
ed as Knights for Shires, all of whom belong¬
ed to the court, or were in places about the
King. Strype 2, vol. 394. And a circular
of Mary, Q,ueen of England, orthe year 1554,
directs the sheriff to admonish the electors
to choose good Catholics, and inhabitants;
and her counsellor the Earl of Sussex, writes
to the freeholders of Norfolk and Yarmoutn,
requesting them to reserve their voices for
the persons, he should name. Strype, 3d vol.
155. Burnett, 2d vol. 228. In October, 1455,
Richard Plantagenet. Duke of York, John
Mowbray, Duke of Norlolk, and John DeVere,
Earl of Oxford, very openly, and in somewhat
strong terms, recommended two gentlemen
to be°elected members for the couuty of Nor¬
folk. Paston Letters 1, p. 96, 97.
In 1472, the Duk -s of Norfolk and Sussex
a Teed on the members for the county ofNor-
(olk. In that year also, the Duchess of Nor-
folks Steward procures the returns for Yar¬
mouth and recommends Sir John Paston, for
Maiden. Ibid. 99, 107.
History points with unerring finger to these
instances, as testimonies that the power of
the crown is in danger Irom the power ol the
people and that executive influence in Eng¬
land is hostile to a representation flowih
from the unbiassed will of the elector, an
furnishing a true transcript of his mind.
I said, that I would advert to the constito
tional history of England to shew, that th
application of the representative principle
was there, always to the interest, of particu
lar sections: And a careful examination 0
her history, enables me to present most con
elusive proofs in reference to the question.
In a writ of the 11 Edward 1, the sheriff
were directed to send two members fron
each city and borough within their respectiv
bailiwricks; and an able essay in the 61 num
her of the Edinburgh Review has so man'
authorities upon this subject that I canno
hesitate to transcribe them. It says, that tin
establishment of a constitutional principf
was shown as early as the reign of Richart
11, in this—"that deputies from all the mos
impoitant communities, with palpably dis
tinct interestsshould form part of a nation
al assembly. The separate and sometime^
clashing interests of the toivn, and countri
were not entrusted to the same guardians
The Knights of the shire were not consider
ed as sufficient representatives, even of tht
■rude industry and infant commerce oftha,
age."
Again: "In those ancient grants of repre¬
sentation, whether made by the King or Par¬
liament, we discover a great uniformity 01
principle, and an approach to the maxims oi
our present constitution. In Wales and Ches¬
ter, as well as in England, the counties were
distinguished from the towns, and the protec¬
tion ol their separate interests was commit¬
ted to different representations: the rights of
election were diversified, according to the lo¬
cal interests and municipal constitutions of
the several towns."
Again: "While we thus find in those an¬
cient examples, so much solicitude for an ad¬
equate representation of the separate inter¬
ests of classes and districts, it is particularly
worthy of remark, that we find no trace, in
any of them, of a representation founded mere¬
ly on numbers."
Again: "A principle was thereby estab¬
lished, that every great community, with dis¬
tinct interests, ought to have separate repre¬
sentation." See Selections, vol. 5, page 226.
These instances are important, because
from England we derived our notions of the
representative principle. It was the conces¬
sions in favor of representation by the Kings
of England, which may be supposed to have
rendered our ancestors so jealous upon the
matter, in the days of the revolution, and in¬
duced them to set violations of this right
down, as a greviance when they declared
their independence. They had a specious re¬
presentation, but not suchan one as thev had
the privilege of selecting. It was a represen-
16
Nation "obtained through a council appointed'there was imported in 1839, merchandise tri
by.the King, ana who were, creatures of his the value ot $895,201. Upon $280,350 of
tvili.* Our ancestors took the broad ground 1 !i i s amount the mirchants ot that city paid in
that paying taxes, gave repp'seniatioii—that 1^3". the dtnies uquircd by the tariliijiws of
if men organize into societies, they should the United States. To this interest is to be
choose the heads of ihat society, and espo- added a slave interest amounting to some
cially the directors of it, who make the wars, 32,CC0 more than either ot the two districts in
and levy tribute upon men. There the poo- Nm th Alabama. To represent these inter-
pleofthe colonies had r:o voice in assessing est'-, the people of that district are entitled to
"the taxes paid; and the principle was no more a representative, who actually presents a
unjust, than that now established in the gen (transcript ot their will when acting on the
eral ticket bili as 1 will iliuMraie. Suppose floor of Congress; and which would occur in
.the first district, embracing Jackson county,'the case of the district system. But North
be composed of 5,500 voters, who pay a head Alabama abolishes the lines of the districts,
or poll tax of'5,500 dollars. The 5th district by the aid of a small majority of numbers of
may compose ■ Mobile, a slricily mercantile!votes only; elects the whole representation;
interest, paying besides a poll or" head tax ofbecomos actually by the aid of this rriajority
5,500 dollars, a duty to the government on represented; while the oiher district is as i.t
importations of goods o! §20,000. Here Jaclt-j were only rir'tiully represented, not through
son, with her 500 majority, and 5,500 dollars its own meinbeis and interests, but through
poll tax, is to choose two representatives, and the votes only of a distinct district, opposed
regulate the interests of Mobile. 300 mihs to the mercantile interest, and whose popula-
distant, whose population equals 30.000, and
whose payments to government leach 25-
500 dollars.
Again: The system gives the people of the
districts forming the requisite ratio, a virtual
not an actual representation; a species of re¬
presentation which it was contended in the
commencement of our revolution we had in
the British Parliament. When the Colonies
complained, that .hey were taxed by a Por¬
tion, on what forms the largest interest of the
southern district pay rot one cent towards
the revenue. This is identically the grie¬
vance of which our forefathers complained,
when thev threw off their allegiance to Great
Britain; and insisted on an actual, not a vir¬
tual, representation, as lounded on the rights
of men, which are superior to all constitutions
not recognising them. When Jackson and
Madison counties undertake, because they
liament, where they were not represented, it are democratic counties, to control South Ala-
was answered, you have a virluul represen- bamn, with its distinct interests, and large
ration which is the principle of the constitu¬
tion, and you ought not to ask for more than
the constitution gives. But replied they, ac¬
tual representation, is what the rights of men
give; and we ought not to be satisfied with anv
constitution which gives less. But indeed
America had not the virtual representation
of the British constitution. Virtual repre¬
sentation of the British constitution, consist¬
ed in the selection of men by electors, who
formed the freeholders of the county and free¬
men of the city; and who were supposed like¬
ly to partake of the sentiments of the whole.
Thus while all districts and interests were
represented, all men were not; but if the un¬
represented were taxed, also the represented
were taxed. But separate laws were made
for the Colonies, and separate taxes laid up¬
on the citizens, which did not reach the citi¬
zens of Great Britain proper. So that they
did not have the virtual representation sup¬
posed. This distinction applies to the sys¬
tem under consideration—according to the
present ratio, 47,700 persons, of whom five
slaves shall stand as three white persons, re¬
siding in eight counties in South Alabama,
under the constitution, form one district, and
are entitled to one representative in Congress.
They are strictly a mercantile interest.—
of tUIc rllctri.'I Mohilp
slave property, I cannot perceive less ofa vi¬
olation of the rights of the south than the mo¬
ther country, perpetrated towards the Colo¬
nies: but when it is remembered that this
controlis recommended, advocated and adopt¬
ed as a purely party measure, intended to
form a ladder to aid the assension of a few
leaders to office, the disappointment of the
politician, is justly roused into the indigna¬
tion of the man: and contemplating so mani¬
fest, daring and despotic attack upon his
rights, with consternation and alarm, he
well hesitates whether to summon the peace¬
ful remedies of the constitution to his aid, or
invoke the spirit of revolution itself for redress.
CURTIUS.
» I U'ln, >■ I 'Mil, ili l»!*- U'ttwu
i i_\ own family. To this end, it must go in the
tb I place to toy sou, Fletcher Webster, who
js hereafter to be the immediate prop of my
house, and the general representative of my
name and character. I have the fullest confi¬
dence in his affection and good sense, and that
he will heartily concur in anything that appears
to he the best.
I do not see under present circumstances of
him and his family, how I can make a definite
provision for the future bejond his life. I pro¬
pose, therefore, to put the property into the
Mr. Webster's WIIJ \
ll
1 The following document, we doubt not, will,
be pei-used with the greatest interest. What¬
ever relates to Mr. Webster can never excite
any but feelings of the liveliest curiosity. A
will is, from its very nature, an object of inte¬
rest, when left by the humblest person, but that
which is the last relic of a great man, and the
greatest, in many respects, of his time, possess¬
es a transcendent interest. Such documents,
often afford the very best key to a, man's char¬
acter and life; for it is never made in any but
the most solemn frame of mind, and often when
the last hours of existence are sadly and slowly
turning their funeral voices to the tomb.
We give the Will, word for word, from the
Boston Courier:
IN THE NAME OF ALMIGHTY GOD:
I, Daniel Webster, of Marshfield, in the Coun-
ty of Plymouth, and Commonwealth of Massa¬
chusetts, Esquire, being now confined to my'
house with a serious illness, which considering
my time of life, is undoubtedly Critical, but-
being nevertheless in the full possession of all
my mental faculties, do make and publish thist
my last Will and Testament. ,
I commit my soul into the hands of my heav¬
enly Father, trusting in His infinite goodness
and mercy. '
I direct that my mortal remains be buried in-
(lie family vault at Marshfield, where monu¬
ments are already -erected to my deceased
children and their mother. Two places are(
marked for other monuments, of exactly the
same size and form. One of these, in proper
time, is to be for me, and perhaps I may leave
an ephaph. The other is for Mrs. Webster.—
Her ancestors, and all her kindred, lie in a far'
distant city. .M y hope is, that after many years,
she may come to my side, andjoin me and oth¬
ers whom God hath given me.
I wish to be buried without the least show
or ostentation, but in a manner respectful to
my neighbors, whose kindness has contributed
so much happiness to me and mine, and for
whose prosperity I offer sincere prayers to
God.
Concerning my worldly estate, my will must
be anomalous and out of the common form, on
account of the state of my affairs. I have two
large real estates. By marriage settlement-
Mrs. Webster is entitled to a life estate in each,
and alter her death they belong to my heirs.
On the Franklin estate, so far as I know, there
is no incumbrance, except Mrs. Webster's life
estate On Mafshfield, Mr, Samuel Frothiog-
i* u has an unpaid balance of a mortgage, now
■ nopn/ing to twenty-five hundred dollars.—
hands of Trustees, to be disposed of by thor.
as exigencies may require.
My affectionate wife, who has been to wo i
source«of so much happiness, must be teiukik
provided for. Care must be taken that sin
has some reasonable income. I make this \\ il
upon the faith of what has been said to me bt
friends, of means which will be found, to carry
out my reasonable wishes. It is best fliat Mrs.
Webster's life interest in the two estates be
purchased out. It must be seen what can be
done with friends in- Boston, and especially
with the contributors to my life annuity. My
son-in-law, Mr. Appleton, has most generously
requested me to pay little regard to his interest,
or to those of his children, but I must do some¬
thing enoughto manifest my-warm love and at¬
tachment to him and then!! The property best
be spared for the purpose ol buying out Mrs.
Webster's life interest under the marriage set¬
tlement is Franklin, which is very valuuLie
property, and which may be sold under prudent
management, 01 mortgaged for a considerable
sum.
I have also a quantity of valuable land in Il¬
linois, at Peru, which ought to be inimediatily
seen after. Mr. Edward Curtis, and Mr.
Blatchford, and Franklin Haven know all about
my large debts, and they have undertaken o
see at once whether those can be provided for,
so that th'ese purposes may probably be cur¬
ried into effect.
With these explanations, I now make the fol¬
lowing provisions, namely:—
Item. I appoint my wife, Caroline Le Ro '
Webster, my son, Fletcher Webster, and R
Blatchford, Esquire, ol New York, to be tl''j
Executors of this YYill. I wish mysaidExd
utors, and also the Trustees hereinafter nam1'"
in all things relating to finance and pecuniil'-
matters, to consult with my valuable friend'"
Haven ; and in all things respecting Marshfitt"
with Charles Henry Thomas, always an ii
mate friend, and one whom I love for his ot
sake and that of his family ; and in all thin,
respecting Franklin, with that true man, Job'
Taylor, and 1 wish them to consult in all ma-1
ters of law, with my brethren and highly c. j
teemed friends, Charles P. Curtis, and Georg"\
T. Curtis. T
Item. I give and devise to .Tames W. Paig"1
and Franklin Haven, of Boston, and Edward
Curtis, of New York, all my real estate in.tlie
town of Marshfield, in the State of Massachu¬
setts,, and Franklin in the State of New Hamp¬
shire, bfeing the two estates above mentioned,
to ha\!e mid to hold the same to them ami then-
heirs an I assigns forever, upon the fellow m
Triina melv --r—
First. To mortgage, sell, or lease so much
thereof as may be necessary to pay my wife,
(faroline Le Roy Webster, the estimated value
of her lite-interest, heretofore'secured to her
thereon by marriatro settlement, as is above
recited, if she shall elect to recieve* that valua¬
tion in the place of security with which tbosq
Rotates now stand charged.
{Secondly. To pay to my said wife from the.
rents and profits and income of the said two
estates, the further sum of five hundred dollars
per annum during her natural life.
Thirdly. To hold, manage and carry on
the saiii two estates, or so much thereof as
may not be sold for the purposes aforesaid, for;
the use of my son, Fletcher Webster, during'
his natural" l^fe, and after his decease, to con¬
vey the same in fee to such of his male descen¬
dants as a majority of the said Trustees may
elect, they acting therein with my son's con¬
currence, if circumstances admit of his express¬
ing his wishes, otherwise acting upon their own
discretion ; it being my desire that his son Ash-
burton Webster, take one, and his son Daniel
Webster, Jr., take the other of the said estates.
Item. I direct that my wife Caroline Le
Roy Webster have, and I hereby give to lien
the right during her life, to reside in my man¬
sion house at Marshfield, when she wishes to
do so, with my son, in case he niay reside there,
or in his absence; and this I do, not doubting
mV son's affection for her or for me, but be¬
cause it is due to her that she should receive
this right from her husband.
Item. I give and bequeath to the said Jas.
W. Paige, Franklin Haven and Edward Curtis,
all the Rooks, Flute, Pictures, '!tatuary and
Furniture, and other pais,, mil proper y now in
my mansion house at Marshlield, exce| t such
articles as are hereinafter disposed of, in trust
to iireserve the same in the mansion house for
I llj . •ejqissod
j l'i ^IPDD SR pmfJuo jjuaox p[noA\ qoiqAv
dtqj.iB ui? oonpo.id oj Supdma^u m squiom
I Uiauas pajoAap aq jcq} aunsBajd qipw pajuo
ijcopn os si.'av 'pipu amos uajua ptiq oqA\ puS
tpa.nl u possiq SuiAuq 'oqAV Goppa biuiSh^
IjAq 'pins sj pi 'papioacu o.ioa\ sdfqnf
|p jo| maqj jaqmamaj puv quma'AU's
[no ut;o o^\ "spi.iam p s« jotipuoo .uatp uodn
latuhpnl quns ssi:d fjrvv ppioAv aqj jo uomido
1 (qqnd aqt fuj; )sn.i) o ^ meoq sr:i[ p os
I uam.Cud jo sa.mpiuAo j[u jaolaj oj matp asnu.)
jnouv o.uqd p;qj jo upload aqj jo .fuimpsqo
s.ioa lad aq] pup F'lnmua.ip jou aq y uoijunsuiMj
oiusnq . i: si: uouujy o] .loa'i.jy .mo Aq pios
e \\ V ■;> T |)):a.Kj jo s.m.'Of paiminu •mi mi
nig tackle, and my Selden and Vilmoi
fur hie own use. I
Itvm. I give and bequeath to my gix#
Daniel Webster Apploton, my Wasll'
medals, for his own use, i
Item. 1 give and bequeath to my £
daughter, Julia Webster Appleton, the
presented to her grandmother by the late
George Blake. "»
Item. I appoint Edward Everett, OJ
Ticltnor, Cornelius Conway Felton, andf
T. Curtis, to. be my literary executors; r*
direct my son, Fletcher Webster, to seal j'l
my letters, manuscripts and papers, aixll
proper time to select those relating to nJIu
sonal history and my professional and a if
Jife, which in his judgment should be p,j|
at their disposal, and to transfer the sa}v|
them to he used by them in . such mamj |.
they may see fit. They may tece-iVe vch
aid from my friend, George J. Abbott, ,
now of the State Department.
Item. My servant, William Johnson-
free man. I bought his freedom not lonq}
for six hundred dollars. No demand is 1J
made upon him for any portion of thissurdl
so long as is agreeable I hope he will it |
with the family. |y
Item. Morricha McCarty, Sarah £L!
and Ann Bean, colored persons, now alstj >'
for a long time in my service, are all fp j
They are very wfell deserving, and wr - j
comes next to me must be kind to therm; q
Item. I request that my said Executor '
Tru stees be not required to give bonds for
performance of their respective duties u.
this Will. '
In testimony whereof, I have hereunto,
my hand and seal at Marshfield, and have b
lished and declared this to be my last Will
Testament, on the twenty-first day of Septa1
ber, in the year of our Lord eighteen bun ;
and fifty two. I
[Signed.] Daniel Webster. [Seal •'
Signed, sealed, published and declare,
the said Testator, as and for his last Will i>
Testament, in the presence of us, who af
request, and in his presence, and in the n
ence of each other, have set our names her]
to as subscribieg witnesses, the. word " j
boi, g erased in the third line from the boi'
of th v fifth page befor" signing— i
[Signed.j Croui.s I. Abbott,
John Jeffries.
Charles II. Thomas,
Died, in Livingston on Monday muninu «tli
_ st. after a short illness, Pleasant N. W .son
, Lsq. formerly of Tuscaloosa.
The virtuous and useful citizen whose death
it is our mournful task to record, had settled in
our Town within the last few months to reap
the benefits ofa well deserved practice in the pro-
fession of the Law. He brought with him a fair
name, a high reputation for talents and moral
worth. During the short period he passed a-,
mong us, his conduct proved how fully he was
entitled to the good opinion with which he was
received by this community. A man of honor
and integrity ; whose kindness of heart, mingled
with the suavity of his deportment, had gained U
the marked respect of all who knew him. Fond (fl
ly did w4 cherish him b and many were -the
hopes of success, happiness and long life^ which
were entertained in his favor. But death has
crushed those hopes, and the manly victim now
sleeps in the quiet and dark solitude of the grave.
How solemn and impressive his early fate, and
how peculiarly sad to his brethren of the Bar
his untimely death ! A few days ago, at a pub¬
lic meeting in our Town to pay suitable honors
to the memory .of the great and good Madison,
Mr. Wilson introduced Resolutions which, ap¬
pear in to-days paper. While his patriotism and
gratitude dictated a beautiful tribute to the ven¬
erable Ex-President, he dreamed not that the
tomb would so shortly hide himself from the
world forever. He is gone amidst the tears and
grief of a whole community ; but alas ! what
shall we say to his weeping consort now widow¬
ed and companionless ! How can we mitigate
the affliction which Heaven has thus visited u-
.jon his amiable and beloved family! Words
Are vain. Our sympathies cannot bestow peace
to her agonized bosom, nor can they wake him
from his eternal repose to delight and bless the
social .circle. Though cleft down in the meri¬
dian of life, with all his prospects bright and
cheering, though his frieuds feel desolate and
ty laments the blow, yet long, 'on"-
. nl the name of Pleasant N. Wilson be .id
t nioasir-2 but mournful rememberance.
:L
u
BS-~
SALARIES IN TEXAS.
The following are the salaries of the officers of
the Government of 'the Republic of Texas :
GOVERNMENT OF TEXAS. t
E xecuiive. ■. Salary.
Anmn Jones, President, $5,000
Stephen Z. Iloyle, Private Secretary, 900
K. L. Anderson, Vice President, 1000
Ash be I Smith, Secretary of State, 1,500
Joseph C. Eldridge, Chief- Clerk, * 900
Daniel J. Toler, C. Clerk Post Office Bureau, 900
VV. B. Ochiltree, Secretary of Treasury 1.500
Robert J. Clow, Chief Clerk, 900
James 15. Shaw, Comptroller 1,150
James W. Scott, Chief Clerk, 900
Charles Mason, Auditor • 1,150
Thomas W. Wood lief, Chief Clerk 900
Moses Johnson, Treasurer 1.500
VV. G. Cook, Secretary of War and Marine 1,5.00
Benj. F. Hill, Chief Clerk 900
Ehenezer Allen. Attorney General 1,500
'P. VV, Ward, Com. Gen, Land Office 1,500
■James VV. O'llara, Chief Clerk 900
James P. Hector, Draughtsman 850
Joseph Baker, Spanish Clerk 900
T, G. Western, Superintendent Indian Affairs 750
Diplomatic.
, Eng land and France, 4,500
Win. Henry Daingerfield, Holland
David S. Kh'ulfman, United States 4,500
Judiciary.
John Hemphill, Chief Justice 1,750
Thomas Greer, Clm k Fee; and 500
John U. I* ir»t riot 1,500
Wm. J, Junes, Sec. el do. 1,750
R. E. B. Tu} lor, Third do. 1,750
Wm. E , Fourth do. 1,750
R. T. VV heeler. Fifth do. 1,500
M. P. Norton, Sixth do. 1,500
John T. Mills, Seventh do. 1,750
District Attorneys.
George Quinan, First District Fees and 300
Win. Byrne, Second do do 300
Thomas Johnson, Third do do 300
ThoS. New comb, Fourth do do 500
O. M. Roberts, Fifth do do 300
W.II. Palmer, Sixth do do 300
VV. C. Young, Seventh do do 300
Collectors of Customs.
J. II. Cocke, L)i.-t't Galveston, not to exceed 1,200
Robert S. Heiiidoo, Brazos do 800
VV,(J. V. Disnieil, Sabine do 800
VV. M. Unit, San Augustine do ' 800
L. II. Mahhit, Sudo Lake do 800
James Bouriai.d, Rml Rivur do 800
Alexander Somervell. Calhoun do 800
S, M. Celimsu oi th, Arozi do 800