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Texas. Legislature. House of Representatives.

Journal of the House of Representatives of the State of Texas [serial] online

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On motion of Mr. Mavriek, rule suspended, bill read second
time and pass< d to third reading.

On motion, rule farther susp- nded, bill lead third time and
passed.

A i ivi d fron . informing th<

1 1 1 ; V t the S dls :

A bill providing for the di p -ition of run



joint solution concerning iron foundariea in the State of
sed and amended the following Senate's bfll :
A bill to p't'unl the exj id bo pay for tb s of

s. P. HolUogswortb, and Capt. John Gr. Todd as special

- from the Convention to the C of the Confederate

ornery. Alabama.
And had alsoj passed the following bills, originating in that

:

A bill to provide for printing the Journals of the State Con-
vention

A bill to amend an net to t ferries, passed, January

23rd, 1850.

A bill to amend the act of March 15th, 1848. entitled an act
to provide for the election of Electors of President and Vice
President of the United State-, and I i repeal the eighth section
of paid act.

A liill fur the [relief of Win. Eubanks, a- f Simon

( '!■ mens.

Also, a joint resolution relative to tion of the Con-

vention.

Mr. Ross of B., chairman of committee on part of the House
with joint committee from the Senate, reported as follows:

The joint committee ot the Senate and House of Etepresedta-

. t i confer on disagreements of the two bodies, on the bill

nend the revenue law of February lGth, 1858, a majoity

have, instructed us to report, that the Senate recede from Its

i n I sections, and that the House accede to the

amendments of the Senate t<» the firsl Bection of the House bill.

And report adopted,

I »:i motion of Mr. Davis, the report from the committee on Fr-
Dance, recommending the passage of the bill to amend the ta>;
Law of February 11th, 1850, and the amendatory tax law to
same, approved Feb., 11th, 186*0, with amendments by the
committee, was taken up, read second time and ordered to be
i ■ s< d.

motion of Mr. Davis, rule further suspended, bill read
third time and passed.

On motion «,j Mr. Ross of R., the rule Suspended, and Sen-

bill f - amend the act of March J 5th, 1S48, entitled an act

to provide for the election of Electors of President and Vice

President of the United States, and to repeal the eighth section

Of said act. Head first time.

On motion of Mr. Ross of B., rule snujiended, bill read second
time and passed to third reading,






257

On motion, rule further suspended, bill read third time and
passed.

Mr. Perry, one ot the committee on Finance, reported, asking
to be discharged from the consideration ot the Governor's mes-
sage.

Mr. Goodrich, moved to reconsider the vote, referring the
bill to provide for the payment of certain debts contracted by
the State Convention to the committee on Finance.

Mr. Davis moved to lay the motion to reconsider on the table.
Lost by the following vote :

Mr. Davis calling for the yeas and nays.

Yeas — Messis. Armstrong, Benevides, Bryce, Oaddell, Crooks,
Davis, Edwards, Epperson, Francis, Fort, Harrison of V. Z.,
Henry, Lewellen, Middleton, Mundine, Munson, Norton, Red-
gate, Redwiue, Robinson, Ross of R., Speights and Whitmore
—23.

Nays — Messrs. Speaker, Baxter, Billingsly, Branch, Bryan,
Craig, Crawford, Clark, Cocke, Cumby, Dale, Duncan, Flewel-
len, Goodrich, Hall, Hairison of C, Harrison of U., Hartley,
Henderson, Hobby, Houghton, Hubbard, Lewis of M., Maver-
ick, Maxan, Morris, Mills, Navarro, Nelson, Parker, Perry,
Short, Smith, Upshaw, Wilder, Walworth, Whitfield and
Wrede— 38.

And the vote reconsidered and bill taken up.

Mr. Davis proposed to amend as follows :

Amend, by providing in the same manner for the payment of
the 10 percent. Treasury warrants issued to the soldiers defend-
ing the trontier.

Mr. Mills moved the previous question, which was seconded.

The question then being shall the main <|iiestion be now put,
the House ordered the main question by the following vote :

Mr. Davis calling for the yeas and nays.

Yeas — Messrs. Speaker. IVnevides, Billingsly, Bryan, Cad-
dell, Craig, Crawford, Clark, Cocke, Cumby, Dale, Duncan,
Plewellen, Francis, Goodrich, Harrison of C, Harrison of U.,
Hartley, Henderson, Henry, Hobby. Houghton, Hubbard, Lewis
of M . Maverick, Maxan, Maxey, Morris, Mills. Navarro, N< If
Parker, Perry, Boss of T., Short, Smith, Upshaw, Wrelder,
Walworth and Whitfield— 40.

Nays — Mem* Armstrongj Baxter, Bryoe, Davis, Edwards,
Epperson, Fort, Han V. Z . Lewellen, Middleton, Mun-

dine, Munson, Norton, Redgate, Redwine, Robinsoi t R.,

Speights. Waterhome, Whitmore and Wrede— 21
\vi the H '1 by the following vote ;

17-H



253

Ykas — Mi - - ik< r, Benevides, Billingsly, Caddell, Craig,

. :. -rd. Clark, Cocke, Curabv, Pale, Duncan, Flewellen, Hall,
Harrison of C, Harrison of I '.. Hartley, Henderson, Hobby,
Henry, Houghton, Hubbard, Lewis of M., Maverick, Maxan,
Maxey, Morris, Mills, Navarro, Nelson. Parker, Perry, Ross of
',' . Shott, Smith, Upshaw, Wealder, Walworth and Whitfield
—38.

Nays — Messrs. Armstrong:, Baxter, Bryce, Bryan, Dai
Edwards, Francis, Fort, Groodrich, Harrison of V. '/,.. Lewellen,
Lewter, Middleton, Munson, Norton, Bedgate, Redwine, Bobin-
son, Boss of B., Speights, Waterhouse, Whitmore and Wrede
—23.

On motion of Mr. Hartley, the vote was reconsidered and that
m >ti 'ii laid on the table.

Til.- Senate's bill suspending the Geological survey, was
taken up, read third time.

Mr. Kjilwim' proposed to amend as follows :

Strike out "the first of September," and insert "the first of
December." Adopted and bill passed.

8 Mate's bill to regulate the salaries of certain State officers,
taken up, read first time. *

On motion of Mr. Henderson, rule suspended, read second
time.

Mr. Morris moved to strike out all relative to the private Sec-
retary. Adopted.

A message was received from the Senate, informing the House
that the Senate had passed the following bill :

A bill making an appropriation for the mileage aid per diem
I ay of the members, and the per diem pay of the officers of the
adjourned session of the eighth Legislature.

Also, had passed the following bills, originating in thai body.

A bill requiring the Commissioner of the General Land Of-
fice, to issue patents upon surveys, heretofore made, not in a
form required by law.

On motion the rule was suspended and bill passed.

Mi. Maxey, one of the committee on Enrolled Bills, reported
as follows :

The joint committee on Enrolled Bills, have examined the
following bills and find the same correctly enrolled :

A bill to be entitled an act to amend an act entitled an act
to incorporate the Columbus Tap Railway Company, approved,
February 2nd, 18G0.

A bill to incorporate the Texas Baptist College.

A bill to authorize and require public sales in the county of



259

Havs, to be made upon the public square in the town of San
Marcos.

A bill supplementary to an act to apportion the State of
Texas, and to regulate the clccf ion of members to Congress.

Joint resolution to authorize the Governor to appoint two
Commissioners to examine iuto the affairs of the Central Kail-
road, and to report to him.

A bill donating land to Cyntha Ann Parker.

A bill for the relief of John A Cummings.

A bill for the relief of Thomas H. Duggan.

An act to amend the 71st and 92 sections of an act to regu-
late proceedings in the District Courts, approved May 13, 1846*.

A bill to incorporate the Houston Cotton Press Company.

A bill providing for a change of venue in the case cf the
State of Texas vs Albert G. Walker, now pending in the Dis-
trict Court of Tarrant county.

A bill to establish certain regulations for the management of
the Lunatic, Deaf and Dumb and Blind Asylums.

A bill to be entitled an act concerning the town of Crockett.

A bill to incorporate the Star State Telegraph Company.

Senate's bill to rerpiire the Commissioner of the General
Land Office, to issue patents out of their order, was taken up.
Read first time.

On motion, rule suspended, read second time and passed to
third reading.

On motion, rule further suspended, bill read third time and
passed.

Senate's bill to permit J. H. Saunders, the guardian of Web-
ster Saunders, to remove his property from the State of Texas,
was taken up, read first' time.

Rule suspended, bill read second time and passed to third
reading.

On motion, rule further suspended, bill read third time and
passed.

On motion of Mr. Harrison of V. Z., the rule was suspended,
and Senate bill to amend an act to organize the Justice's Courts.
and define their powers, was taken, read first time.

On motion, rule BUSpended, bill read second time.

Mr. Dale proposed to amend by striking out: "first of De-
cember." and insert, "January the first L862."

Mr. Short moved to lay the amendment on the table. Car-
ried and bill passed to third reading.

On motion of Mr. Henderson, rule further suspended, bill
read third time and ] iwing vote :



2C0

M - ra Baxter, Benevides, BUlingsly, Bryce, Bryan,
1 . Csr.Clark, Cocke, Cumby, Davis, Duncan, Edwards,

Flewellen, Francis, Fort, Gtoodrich, Hall, Harrison of C, Har-
rison of V. /. Hartley, Henderson, Hubbard, LeweLen, Lewter,
Mabry, Maverick, Maxan, Maxey, Middleton, Mills, Mundine,
Munson, Navarro, Owens Parker, Perry, Redgate, Redwine,
Robinson, Ross of Ii.. Short, Smith, Speights, Qpsnaw, Waal-
Whitfield, Whitmoreand Wred< — 50.

N.ws — Messrs. Speaker, Armstrong, Crawford, Dale, Epper-
son Harrison of U., Hobby, McKnight, Norton and Water-
house — 1".

8 oate'a bill to provide for the sale of land ceded to the
United Slates for Indian purposes, WBJ taken up. Read first
time.

A message was received from the Scnatt , informing the House
that the Senate concurs in the House amendment to regulate

the salaries of certain State pfficers, &C, &C., and

Refuse to concur in amendments to Senate's bill to suspend

I - ological Survey, and'

Had passed House bill concerning theAlamo Ditch, and

The hill to prohibit the sale of intoxiaating liquors within
three miles of Baylor University.

On motion of Mr. Mills, rule suspended and Senae hill making
appropriation for the subsistence, transportation and supplies for
the regiment, ordered to be raised by an Ordinance passed by
the Convention, was taken up, read lirst time.

< ui motion, rule further suspended, bill read second time and
passed to third reading.

Mr. Mills moved a further suspension of the rule. Carried
by the following vote ;

Mr. Ross of R , calling for the yeas and nays.

Vkas — Messrs. Speaker, Armstrong, Baxter, Benevides,
Bryce, Bryan, Clark. Cocke, Cumby, Hale, Davis, Duncan, Ed-
wards, Epperson, Flewellen, Francis, Fort, Goodrich, Hall,

Harrison 01 C, Harrison of U., Hartley, Henderson, Hohhy,

Houghton, Hubbard, Lewellen, Lewis of M., Lewter, Mabry,
Maverick, Maxan, Maxey, Morris, McKnight, Middleton, Mills,
Mundine, Navarro, Norton, Parker, Perry, Redgate, Robinson,
Loss of T., Smith, Speights, Dpshaw, Waslder, Whitfield and
Wrede— 51.

Xavs — Messrs. Billingsly, Caddell, Craig, Crawford, Crooks,
Redwine, Ross of R., Waterhouse and Whitmore — 9.

And hill passed.

Mr. Clark, one of the committee on Enrolled Bills, reported



261

correctly enrolled a bill to authorize the county courts of the
counties herein named, to regulate the pay of Sheriffs in certain
counties, and that the same had been presented to the Governor
fur his signature and approval.

Mr. Redwine, by permission, introduced a bill to supply de-
ficiencies in appropriations for 1861, read first and second times
and ordered to be engrossed.

On motion, rule further suspended, bill read third time and
passed .

Mr. Maxey offered the following resolution :

Resolved, That the Speaker appoint two additional clerks to
assist the Enrolling clerk. Adopted.

Mr. Maxey, one of the committee on Enrolled Bills, reported
•as fellows :

The joint committee on Enrolled Bills, have examined the
following bill and find it correctly enrolled, properly signed and
this day presented to the Governor for'his approval.

A bill to be entitled, an act making an appropriation for the
mileage and per diem of the members, and the per diem pay of
the oiHeers or the adjourned session of the eighth Legislature.

On motion of Mr. Armstrong the Senate bill for the relief of
Wm. Eubanks, assignee of Simeon Clemens, was taken up, and
read first time.

On motion, rule further suspended, bill read second time and
passed to third reading.

On motion, rule further suspended, bill read third time and
passed.

On motion of Mr. Wilder, the Senate bill to legalize the
certificate of Jacob Laux, read first time.

On motion, rule suspended, bill read second time and passed
to third reading.

On motion, the rule further suspended, bill read third time
and passed.

The Senate bill to suspend the Geological survey with amend-
ments by the House, was taken up, and the House receded from
its amendments,

Mr. Francis mored to adjourn until .°, o'clock, P. M., Lost.

On motion the Souse adjourned till 7.^ o'clock, P. M.



7.J o'clock, r. M.
House met — roll called — quorum present.
The special order of the day, to-wit : The joint resolution



262

concerning the ordinances and acts of the Convention, was
taken up.

On motion of Mr. Hartley, the Senate joint resolution on the
Bame subject, was substituted then

A message was received from the Senate informing the 11
that the Senate had passed Bouse bill making appropriation to
supply deficiencies for the year L861, and

BUI to amend the 19th section ofan act to provide for thi
ment and collection of the taxes, approved, Feb.. 1 I. IS. "A

Mr. Maxey, one or the committee on Enrolled Hills, reported
as follows :

The joint committee on Enrolled Bills, have examined :1k'
following bills, and find them correctly enrolled, properly signed
and this day presented to the Governor tor his approval, viz :

A bill to be entitled an act concerning the Alamo hitch.

A bill to be entitled an act amendatory *A' the laws to rafc

n venue by direct taxation.

A bill to be entitled an act to authorize and require the Com-
missioner of the General Land Office, to patent surveys out of
their regular order.

A bill to amend an act entitled an act to amend an act en-
titled an act to organize Justice's Courts, and to define the pow-
ers and jurisdiction of the same, approved Feb. 7, 1861.

A bill t" enable J. II. Saunders, the guardian of Webster J.
Saunders, to remove the property of his ward, from the State of

Te-;.

A joint resolution a acerning an iron foundry in the State of

Texas.

Aii act providing for the disposition of run-away sla\

An act providing means for the payment of certain debts cre-
ated by the ( lonvention.

An act prohibiting the sale of intoxicating liquors within
three mib's of Baylor I rniversity.

An act for the relief of Win Fubanks.
An act. to regulate the salaries of certain State Officers, &c.
An act to legalize the certificate of Jacob Lanx.
An act making an appropriation for the subsistence and
transportation of supplies for the regiment.

An ad providing tor the election of Presidential Electors.
On motion • •!' Mr. .Mills the main question was ordered. Mr.
lien calling for the yeas and nays.

Upon putting that vote, it appeared as follows ;
Ykas — Messrs. Speaker, Baxter, Billingsly, Bryan, Caddell,
Craig, Crawford, Clark, Cocke. Cumby, Dale, Darnell, Edwards,



263

Flewdlen, Fort, Goodrich, Hall, Harrison of C, Harrison of
V. %., Harrison of U. Hartley, Henderson, Hobby, Hubbard,
Maverick, Maxan, Afaxey, Morris, Middleton, Mills, Munson,
Navarro, Nelson, Parker, Perry, Robinson, Ross of T., Short,
Smith, Speights, Upshavr, Waalder, Whitfield and Wrede — 44.

Nays — Messrs. Armstrong, Bryce, Davis, Epperson, Henry,
Lewellen, Mundine, Norton and Whitmore — 9.

Mr. Darnell submitted the following protest :
Hon. M. D. K. Taylor,

Speaker of the House of Bepresentaiives :

The undersigned, on behalf of his constituents and the peo-
ple of Texas who have served their country as soldiers on the
frontier, pursuant to his notice given last night, hereby enters
his solemn protest against the action of the House upon the sub-
ject of payment of the Rangers, in refusing to receive the ten
per cent, interest warrants, heretofore ordered to be issued to
soldiers, in payment of government dues.

On the bill entitled an act to make the ten per cent. Treasury
warrants receivable for direct taxes, having offered an amend-
ment to a former bill to make them receivable for all govern-
ment dues, which the House refused to sustain.

The report of the committee was against making the war-
rants receivable for direct taxes, and this beiug under consider-
ation, I moved to lay that report on the table, which the House
refused to do. My desire was to have the bill taken up for
consideration, that I might procure its amendment and final
passage.

Having endeavored, during this session, in every possible way,
to bring the warrants issued to soldiers, in paymeut for their
hard service, to a par value, and having been thwarted in my
every attempt, I now as the immediate representative of a large
number of those who have faithfully served the State, and
have not received their pay, protest against the action of the
House, and for the the following other reasons, viz :

1. That the Legislature has appropriated away the direct
taxes of ih" s:at", for payment of the members and officers of
the recent Convention, an extraordinarily numerous body, who
had performed service, long after the soldiers, and without I
ing themselves, any reasonable ground foi tion, ofsuch
liberality on the part of the Legislature, in thus appropriating
money tor them, to the exclusion of the soldier tor services,
performed long after the B had performed their service.

2. T I- srjslature still further appropriated the direct taxes
to pay for their own p< sod the services of their officers.






2C4

and I can Bee no rule of propriety — no shadow of right — no
ground for justification of such unwarranted action.

3. The Legislature have still further shown an unjust pre-
ference for paying of other indebtedness, incurred longsince the
Baugers performed their service — by providing for a loan for
the purpose <>f raising money to meet their bills — and nol satis-
tied with that, have by their action, taken from the School
Fund of the State, a sacred trust for the benefit of the poor
children of the country, $150,000 00, to pay parti'- for services
rendered in the rfeoent expeditions, fitted out against the U. S.
forts, &c., while the old soldier's claim for services of the year
I860, remain subject to be shaved and huxtered about at the
rate of fifty cents on tin 1 dollar, or less, as the necessity of the
p i >r soldier and his family may require him to dispose of them.

Eas it come to this, that favoritism is to be practiced, and
special class Legislation is to be had to the detriment and exclu-
sion of the honest and hard working man. who impelled by
patriotic motive, provided himself with an outfit and at the call
of a bleeding frontier, performed the most arduous service ?

Iii the name of my constituency — in the name of ray brave
fellow-soldiers — in the name of justice and of God, I protest
against snch iniquitous legislation.

N. H. DARNELL.

On motion the House adjourned until 7 o'clock, A , M. to-
morrow.



House of Representatives, ^

Tuesday, April 9th, L861. )

House met pursuant to adjournment— roll called — no quorum.

Mr. Maxcy, one ot the committee on Enrolled Bills, reported
correctly enrolled and properly signed, the following bills ;

A bill making appropriations to supply deficiencies for the
year 1861.

A bill to provide for the assessment and collection of taxes,
approved February 11th, 1850, and have this day been presented
to the Governor for his signature and approval.

The hour fixed by resolution for adjournment having arrived,
the Speaker declared the House adjourned sine die.

Approved, April Uth, 1861.

M. D. K. TAYLOR.
Speaker of the House of Representatives.



*



State Gazette Office, )

Austin, June 4th, 1861. $

Bird Holland, fcaqr.. Secretary of State:

Sib — The Index for the Journals of the House of Representa-
tives for the extra session of 8th Legislature have not been ha:a -
ded in to the State Printer by the Chief Clerk, Journals having
been completed on the 30th ultimo.

You will instruct me whether I shall deliver the Journals
without the Index.

THO. H. KENT,
Agent for John Marshall. State Printer.



Department of State, (

Austin, June 4th, 1861. j

Tho8. H. Kent, Agent for State Printer :

Sir— Your note of this date is before me. The Chief Clerk
of the House having failed to furnish the Index, you will pro-
ceed to deliver the Journals without delay.

Kespectfully,

BIRD HOLLAND,

Secretary ot State.






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Online LibraryTexas. Legislature. House of RepresentativesJournal of the House of Representatives of the State of Texas [serial] → online text (page 23 of 23)