USA > Texas > The history of the republic of Texas, from the discovery of the country to the present time; and the cause of her separation from the republic of Mexico > Part 35
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Sec. 1. That the president be, and is hereby authorized and required to issue promissory notes of this government, payable at the treasury of the republic, to the amount of 500 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 1000 dollars.
Sec. 2. That the said notes shall be payable twelve months after date, and shall draw an interest of ten per cent. per annum from date.
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Sec. 3. That the said notes, at any time before or after inatu- rity, shall be considered as cash, and shall be received as cash for all dues owing or coming to the government.
Sec. 4. That the president is authorised to have said bills printed, and draw on the treasurer for the sum necessary, to by paid out of any money in the treasury not otherwise appro- priated.
Sec. 5. That one-fourth of the proceeds arising from the sale of the land, contemplated to be sold by an Act of congress, shall be paid into the treasury, to be paid out only for the re- demption of these promissory notes of the government.
Sec. 6. That the president is authorised to sell 500,000 acres of land scrips, the proceeds of which shall be paid into the treasury, to be paid out only for the redemption of these pro- missory notes of the government ; provided that this serip shell be disposed of at no less than fifty cents per acre ; and provided further, that the agents appointed to sell the serip shall give bond and approved personal security in double the value of the scrip so delivered to him for the faithful discharge of his duty as agent.
Sec. 7. That all improved forfeited lands are hereby pledged for the redemption of these promissory notes of the government, and in addition the faith and credit of the government are hereby solemnly pledged.
Sec. 8. That these promissory notes shall be issued and paid out alone, for and on account of the expenses of the civil depart- ments of the government ; provided, however, that the president be, and he is hereby authorised and required to expend a sun not exceeding the siun of 100.000 dollars for the purchase of horus and munitions of war, to be used by the rangers and mounted gun men, and in a campaign against the Indians.
SAM Houston.
Approved, June 9th 1836.
AN ACT COMPENSATING OFFICERS OF THE CIVIL LIST.
Sec. 1. That the following shall be the compensation allowed to the officers of the civil list :-
President, with house furnished, 10,000 dollars ; vice-presi- dent, 3,000 dollars ; secretary of state, 3,500 dollars ; secretary of treasury, 3,500 dollars ; secretary of war, 8,500 dollars ; se- cretary of navy, 3,500 dollars; attorney general, 3,000 dollar ; postmaster-general, 2,000 dollars; commissioner-general of the land office, 3,000 dollars ; chief clerks of departments. 1,500 dollars; treasurer, 2,500 dollars ; auditor, 2,500 dollars ; chief
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justice, 5,000 dollars ; associate or district judges, 3,000 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 ; mileage for members of congress, for every twenty-five milese 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 receive the same compensation and mileage as the members and officers of the present congress.
Chief clerks of both houses, per diem, six dollars; foreign · ministers, 4,500 dollars outfit, 5,000 dollars salary per annum ; consuls, perquisites ; secretary of legation, 2,000 dollars ; as- sistant clerks, per diem, six dollars ; reporter, per diem, eight dollars ; serjeant-at-arms, per diem, five dollars; translator for congress, per diem, five dollars ; door-keeper, per diem, five dollars. Sec. 2. That the heads of departments be furnished with officers, stationery, fuel, lights, &c., at the expense of government.
Sec. 3. That no portion of the above salaries or pay of the members of congress, shall be allowed except in equal ratio with the payments made to 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 government, or the trans- lator and interpreter, the serjeant-at-arms, and the door-keepers of either house of congress.
Sec. 4. That all secretaries of legation be excluded from the operation of the third section of this act.
Sast Horsros, Approved, Dec. 9, 1836. President.
JOINT RESOLUTION FOR SENDING A! MINISTER TO THE UNITED STATES.
Whereas. the good people of Texas, in accordance with a pro- clamation of his Excellency D. G. Burnet, pre ident al in- terim of the republic, did, on the first Monday of September last past, at an election hell for president, vice-president, sena- tors, 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 repre- tentatives of the republic of Texas in congress assembled,
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that the president be, and he is hereby authorized and requested to dispatch forthwith to the government of the United States of America, a minister vested with ample and plenary power 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 States, a measure required by the almost unanimous voice of the people of Texas, and fully concurred in by the present congress.
SAM HOUSTON,
Approved, Nov. 16, 1836. President.
JOINT RESOLUTION AUTHORIZING THE PRESIDENT TO ISSUE SCRIP TO THE AMOUNT OF FIVE HUNDRED THOUSAND ACRES OF LAND.
Sec. 1. Resolved, -- That the president be, and he is hereby authorized and required to sign land scrip to the amount of 500,000 acres, and transmit the same to Thomas Toby, of New Orleans, for the purpose of being sold : provided that said serip 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 500,000 dollars, be previously sold, then, and in that case, it shall be the duty of the president to recall said serip, and forbid the further selling of the same.
Sec. 2. 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 to this government, on the faith of the authority given him by the president "ad interim," for the selling of land serip : and that he be authorized and required to pay all legal debts con- tracted on the faith of the same.
SAM HOUSTON.
Approved, Dec. 10, 1836. President.
AN ACT MAKING APPROPRIATION FOR PAYING THE EXPENSES OF THE GOVERNMENT OF TEXAS.
Sec. 1. That there is hereby 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
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the years 1836 and 1837 ; to wit : for defraying the expenses of the navy, 150,000 dollars; for the expenses of the army, 700,000 dollars ; for the executive and civil departments of the government, 150,000 dollars; making an appropriation of one million of dollars, which said one million of dollars the secretary of the treasury is hereby authorised and required to pay out of the treasury, out of any money therein not otherwise appropriated by law.
Sec. 2. That if there should be no monies in the treasury when the same may be demanded according to law of the secre- tary of the treasury, then and in that case he shall issue scrip to the person or persons lawfully entitled to the same.
Approved Dec. 15, 1836.
SAM HOUSTON, President.
AN ACT SUPPLEMENTARY TO AN ACT FOR THE PUNISH- MENT OF CRIMES AND MISDEMEANORS.
Sec. 1. That if any person or persons shall introduce any African negro or negroes, 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 the republic, to be piracy, except such as are from the United States of America, and had been held as slaves therein, be considered guilty of piracy ; and, upon conviction thereof, before any court having cognizance of the same, shall suffer death withont the benefit of clergy.
Sec. 2. That if any person or persons shall introduce into the republic of Texas, any African, 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 republie in conformity with the laws of that government, shall be deemed guilty of piracy ; and upon conviction thereof, before any court having cognizance of the same, shall suffer death.
SAM HOUSTON,
Approved, December 21, 1830. President.
SIXTH SECTION OF AN ACT PASSED 21ST DECEMBER, 1836, FOR PUNISHING CRIMES AND MISDEMEANORS.
Section 6. Any person who shall steal or entice away any slave out of the possession of the owner or owners of slave or slaves, shall be deemed guilty of felony, and on conviction shall suffer death.
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JOINT RESOLUTION TO SEND A MINISTER TO THE COURT OF GREAT BRITAIN.
Resolved, -- That the President be 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 neces- sary to advance our mutual interest : and that 9,500. dollars are hereby appropriated out of any monies in the treasury, not other- wise appropriated, to carry this resolution into effect.
SAM HOUSTON.
Approved, May 15, 1837.
JOINT RESOLUTION FOR THE RELIEF OF FREE PERSONS OF COLOUR.
Resolved, by the senate 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 republic of Texas at the date of the declaration of independence, and their natural issue, are 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 required of them by law.
SAM HOUSTON, Approved, June 5, 1837. PRESIDENT.
AN ACT TO INCORPORATE THE TRUSTEES OP INDEPEN- DENCE ACADEMY, AND OF THE UNIVERSITY OF SAN AUGUSTINE.
Section 1. That John P. Coles, Robert Stevenson, Asa Hoxie. M. Cummins, Shubach Marsh, James B. Miller, and James G. Swisher, be, and they are hereby incorporated, a body politi .. under the name and style of the " Trustees of Independence Academy," capable of suing and being sued, pleading and being impleaded, of holding property either personal, real, or mixed, ot selling, alienating, and conveying the same at pleasure, of having a common seal, and of changing the same at pleasure; and of doing whatever else that may be necessary and proper to be done for the benefit and advancement of said institution, not contrary to the constitution and laws of this republic.
Sec. 2. That this charter and privilege shall extend to the said
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trustees, and their successors in office, as long as they confine the benefit of the same, to the advancement of the sciences and the promotion of useful knowledge, to the rising generations ; which institution shall be accessible equally alike to all, without regard to opinions of religion or politics.
Sec. 3. That Elisha Roberts, Jesse Burdit, William McFarland, John Cartwright, Summer Bacon, George Teat, Augustus. Hotch- kiss, Henry 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.
SAM HOUSTON,
Approved, June 5, 1837.
President,
AN ACT TO INCORPORATE THE TRUSTEES OF WASHINGTON COLLEGE.
That William Smith, Asa Hoxie, 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 title of the " Trustces of the Washington College," and by that name they and their successors in office shall, and may have continual 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 corporations of a like nature to do, not contrary to the constitution of this republic, or the provisions of this charter, as hereinafter enacted.
Scc. 2. 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, cither in person or by proxy. in the selection of trustees, and shall himself be eligible to the office of trustee.
Sec. 3. That the trustees of the Washington College shall be
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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. That the trustees for the time being shall have full power to enact such bye-laws, rules and regulations, for the go- vernment of said college as they may deem necessary for the prosperity of the same.
Scc. 5. That the chartered property of the college shall be liable for the debts of the same.
Sec. 6. That the institution hereby incorporated shall be lo- cated at, or in the vicinage of, the town of Washington, on the Brazos river.
Sec. 7. That the privileges, venents, and facilities of the said college shall be equally accessible to all, without regard to pecu -. liarity of opinion.
Approved, June 5, 1837. SAM HOUSTON.
AN ACT REGULATING ELECTIONS.
Section 1. By the senate and house of representatives of the republic of Texas, in congress assembled -- That the chief justice and associates in each county of the republic shall designate election precincts at the most suitable places for holding elections in their several counties. And it shall be the duty of the chief justices of the counties to issue writs of election to the several precinets established, appointing a presiding officer in each to hold the election, stating specifically in the writs the officer or officers to be elected, and the day on which the election shall take place.
Sec. 2. 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.
Scc. 3. 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
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the electors, one of which shall be delivered 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 officers of the election.
Sec. 4. 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 after- noon, the presiding officer making proclamation at the door of the house at the time of opening and closing the polls.
Sec. 5. That immediately after closing the polls, the officers of the election shall proceed to count the votes, and make out a cor- rect return, which shall be sealed up and delivered to the chief justice 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. That the chief justice shall give at least ten days' no- tice (except 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 vacancy) of every election, by an ad- vertisement published in a newspaper, if any be printed in the county : or, if there be no paper published in the county, then by an advertisement in manuscript, in cach precinct. stating the names of the several presiding 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 ten days from the day of holding the election ; and upon the receipt of the returns, the chief justice, in presence of the returning officer, shall examine the several documents, and immediately execute and deliver to the person or persons having the greatest number of votes, a certificate of election.
Sec. 7. That no officer of an election shall examine any vote, or unfold any ticket presented by a voter.
Sec. 8. That when a man shall offer his vote, unless some officer of the election will vouch for his qualifications as an elec- tor, he shall cake an oath that he is legally qualified according to the constitution and laws, to vote for members of congress.
Sec. 9. That regular enlisted soldiers, and volunteers during the war, shall not be eligible to vote for civil officers.
Sec. 10. 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 deli- vered to him, containing the grounds upon which he relies to
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sustain the contest, or, in case the candidate elect cannot be found, then the notice and statement to be left at his usual place of abode. No ex parte statements or testimony shall be received as evidence in any contested election, without the consent of the opposite party.
Sec. 11. That this Act shall take effect and be 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 republie shall, after the passage of this Act, vote for a member or members of con- gress 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 hundred dollars ; to go to the county treasury.
Sec. 12. That in senatorial districts, now or hereafter to be established, consisting of two or more counties, congress shall, from time to time, designate and determine the county, whose chief justice shall issue the necessary certificate 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 precincts of their respee- tive counties, for senator, duly authenticated, and hand them to the chief justice of the county so designated by congress, within ten days after said returns are received by him or thein.
Sec. 13. 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.
See. 11. That in case of a tie between any two or more candi- dates 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 votes.
Sec. 15. That in case of a tie between any two or more candi- dates for senator to congress, if the county in which such tie shall occur be entitled to a senator, then, and in that case, the chief justice of such county shall decide the tie; but if the senatorial district in which a tie occurs be composed of two or more coun- ties, then the chief justice of the county authorized to give a cer- tificate in the senator elect shall decide the tie.
Approved, October 26, 1837. SAM HOUSTON.
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AN ACT FIXING THE SALARY OF INDIAN COM- MISSIONERS.
Resolved,-That the sum of 5 dollars per day be allowed to all Indian Commissioners appointed by the President, according to law, while on actual service, going to and returning from any place, to hold, or attempt to hold, a treaty.
SAM HOUSTON, President.
Approved, 1st December, 1837.
AN ACT TO SUSTAIN THE CURRENCY OF THE COUNTRY.
That from and after the passage of this act, nothing but gold and silver, or promissory notes of this government, shall be re- ceived on payment of duties on goods imported into this republic; nor shall any bank-notes be received in payment of any duties to the government of Texas.
Approved Dec. 11, 1837. SAM Houston, President.
AN ACT TO PROVIDE FOR THE PUNISHMENT OF CRIMES AND MISDEMEANORS COMMITTED BY SLAVES .AND FREE PERSONS OF COLOUR.
Sec. 1. That from and after the passage of this act the follow- ing shall be considered as capital offences, when comnitted by a slave or free person of colour: To wit, Insurrection, or any attempt to excite it; poisoning, or attempting to poison ; com- mitting a rape, or attempting it, on any free white female; as- saulting 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.
Sce. 2. That it shall not be lawful for any free person of colour to inveigle or entice away from his or her owner or master any slave or slaves, nor to aid or assist any slave or slaves in leaving the republic, without the consent of the owner of such slave or slaves ; nor shall it be lawful for any free person of colour to conceal or render aid or assistance to any runaway slave, with the intent to prevent the return of such runaway slave to his or her owner. And, upon conviction of any of the foregoing offences before the district courts, such free person of colour shall be fined
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in a sum equal to the value of such slave or slaves, And on failure to pay the said fine, he shall be sold as a slave for life.
Sec. 3. That all other crimes and misdemeanors, known to the common law of England, committed 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. That upon complaint made upon oath to any inember of the county court, of any offence not capital, having been con- mitted by any slave, it shall be the duty of said court forth- with 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 challenges the nul !- ber of twelve should not be had, it shall be made up from the bystanders.
Sec. 5. That it shall not be necessary in such cases that a bill be found by a grand jury, but the party shall be required to pro- ceed 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.
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