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Journals of the Senate of the State of Texas [serial] online

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Walker— 13.

Mr. Chambers offered the fallowing amendment:

" Provided, that nothing herein contained shall be so con-
strued as to give or grant any ])ortiun of land, or land certifi-
cates, to any manufactory heretofore constructed within the lim-
its of this State." Lost.

Mr. Martin offered the following amendment:

" That the privileges and benefits of the above act bhall only
apply to the owners of the first ten establishments of each kind
enumerated in this act; and five shall be east of the Trinity
river, and five west."

Mr. Miller offered the following as a substitute for the amend-
ment proposed. Add the two following sections:

" Section — . Be it further enacted, That not more than eight
factories shall be entitled to the benefits of this act; and four of
the eight shall be located east, and the other four west, of the
Trinity river.

" Sec. — . He it further enacted, That before any of the
land certificates provided for liy this act shall issue, the company
or person to wh- m they are to be issued shall execute to the
State Vjond, with at least three good securities, to be approved
by the Comm ssi<tner of the General Land Office, in a sum e(]ual
to the value of the certificates to be issued as fixed by law for
landscrip, cocditicntd lor the fnilliiul difervance of all the
obligations imposed on such comj>any, or persons, by this act,
and for the continuance of the investment for which the certifi-
cates are to issue, for, and during, the term of ten years." Lost.



156

The questii)n recurring; njion the adoption of I\Ir. Martin's
anicndii ent, was ]>ut ancl lost.

Mr. I>hint'h otlVrcd tJi^' i'dlliwini; amendment:

Strike out '^ $10,000" when it occurs, and insert "31000."

Mr. Hy(fe moved to refer to the committee on ISt-ate ADairs,
with instructions to report to-morrow. Lost.

Mr. Herbert moved to indefinitely postpone the amendment,
and the bill. The yeas and nays stood as fblUtws:

Ykas — Messrs. lUanch, l)ui,'gan, Guiun, Herbert, Miller,
Scarborough and Stockdale — 7.

Nays — Messrs. Chambers, Dulaney, Erath, Fall, Gentry, Har-
mon, Hyde, Lott, Martin, Neal, Parso- s, Potter, Schleicher,
Shepard, Throckmorton, Walker and Whaley — 17.

Mr. Potter moved the [)revious question, wiiich was ordered;
n])on which,

Mr. Martin moved a call of the Senate, which was sustained.

Mr. Shepard moved to suspend the call. Lost.

Mr. Stockdale, chairman of the committee on Enrolled Bills,
reported :

A joint resolution in relation to the Ptevenue Cutter " Dodge,"'
correctly enrolled, pr(t[)erly signed, and this day i)resented to the
Governor.

A bill providing means for the payment of cia'tain debts cre-
ated by authority of the late Convention of the Pec])le of the
State of Texas, with the report of the committee on Finance,
olTering amendments thereto, was read, amendments adopted,
and bill ordered to be engrossed.

Mr. Gentry made the following report:

The special committee, to which was referred the House bill
authorizing a loan, and imposing a s])ecitic tax to meet the ])riii-
cipal and interest thereof, and s})ecitying how the money arising
from the loan shall be applied, liave considered tiie same, ai.'d 1
am instructed to report tlu^ bill back to the Senate, with the
following amendments; and recommend the adoption of the
amendments, and the passage of the bill:

First amendment: Substitute for the caption the following:

" A bill authorizing a loan, and imposing a specific tax to
meet the i)rincipal and interest theret)f, under the ])rovi8ions of
the thirty-third section of the seventh article of the Constitu-
tion of the State.*'

Second: Substitute the following for the first and second
sections:

" Section 1. Be it enacted Inj the Legislature of the State of
Texas, That the Governor of the State of Texas shall cause to



157

be executed the bonds of the State for tlic stim of one million
dollars, in sums of one thousand dollars each, redeemable in six-
teen v'^ars, and bearing interest at the rate of eight per centum
per annum, payable pcmi-annually; with coupons for the semi-
annual interest attached, payable on the first of July and first
of January of each year. The bonds shall be signed by the
Governor and Treasurer, and shall be registered by the Comi)-
troller, who shall certify the fact of such registration on the
back of the bonds; and the coupons shall be signed by the Trea-
surer. The bonds and coupons shall be payable at some bank in
the city of New Orleans, in the State of Louisiana."

Third: Substitute the f dlowing for section 3:

" Section* 2 The Governor shnll ap})oint an agent to nego-
tiate the sale of said bonds, from time to time, and to place the
proceeds of such sales in some bank in the city of New Orleans,
to be subject to the order of the Comptroller of the State, and
by him to be placed in the State Treasury. Said agent shall
be governed by the instructions of the Governor.''

Fourth: Substitute, for section 4, the following:

" Section 3. The ])roeeeds of the sales of said bonds shall be
applied to the following objects, and to no other purpose what-
ever:

" To the payment of all indebtedness of the State created
for the defence of the frontier, and to the payment of appropria-
tions which have been, or may hereafter Ije, made for the mili-
tary defence of the State.

" To the repayment of all the disbursements made from the
treasury, or anticipated from the accruing revenue of the State,
or from any 8])ecial fund or funds in the State Treasury, to meet
approj)riations to pay the expenses of the State Convention, and
of the extra and adjourned sessions of the Eighth Legislature.

" To the payment of all appropriations made to meet the
debts created, or incurred, by authority of the State Convention,
and to meet any deficit in approjmations made to meet the ex-
penses of said Convention, »nd of the expenses of the extra and
adjourned sessions of the Eighth Legislature.

"To the payment of any deficit in the appropriations made
to meet the ordinary expenses of the Government for the year
1861, arising from the anticipation of the revenue to meet ex-
traordinary demands. •

"Fifth: .(\mend fifth section by striking out of second line
from bottom the words 'may now V)e,' and inserting the word«
' is now ', and make the fifth section the fourth; the sixth section
the fifth; and the seventh section the fiixth.



158

" Sixth: Amojul the sixth section, as renumbered, by adding
the following Itinviso:

"Provided, that whenever the State shall have retained and
cancelled one-fourth of 'this issue of one million dollars of bonds,
it shall be the duty of the Comptroller of the State to docrejise
the sjx'cihc tax herein jirovided for one cent, on the one hundred
dollars of the value of the real and personal property assessed;
and upon the retirin<T of each additional sum of two hundred
and fifty thousand dollars of this issue of bonds, one cent, on
the one hundred dollars of said specific tax shall be taken oiT.

" Seventh: Substitute, for section 8, the following:

" Section 7. The money realized by the specific tax provided
for in this act shall be applied, first, to the j)ayment of the inte-
rest coupons maturing upon tlii> issue of bonds, and the residue
shall be deposited iu the State Treasury, nnd constitute a special
sinking fund for the redemption of the principal of said bonds.
Whenever fifty thousand dollars of said sinking fund ^hall have
accunuilated in the Treasury, it shall be the d\ity of the Gov-
ernor to cause the Comptroller and Treasurer to invest said
amount in the redemption of said bonds. F(»r which purpose
the Comptroller shall give thirty days notice, by publication in
one newspa])er })rinted in the city of New Orleans, and one in
the city of Austin, that he will redeem, or ])urchase, said
amount of bonds from the lowest bidder; and he shall receive
sealed ])roposals therefor, to be opened by him in the ])R\sence of
the Governor and Treasurer, and he shall redeem the bonds of-
fered at the lowest rates: provided, that in no instance shall
said officers pay a higher rate for said bonds than ten ])er centum
jiremium on their value; and further ;)ror/(As(^, that in case they
cannot be jturchased at a rate within the limits aforesaid, then
the said officers may invest said sinking fund in the bonds of
the Confederate States of America, rrovidtd, they can bo ob-
tained within the same limits as to price, and said federal bonds
shall be placed in said sj)ecial sinking fund.

''Eighth: Substitute for section U, (and make it section 8,)
the following:

" Section 8. The plate upon which the bonds are engraved
shall be returned to the Governor and Comptroller, with the
bonds, and shall be by them destroyed.

'* Ninth: Make section 10 section 9; make section 11 section
10; make section 12 section 11."

On motion of Mr. Potter, the rule was suspended, and the
report and bill was made the special order for to-morow, at
twelve o'clock.



159

Mr. Throckmorton, in behalf of the joint committee on the
Reduction of Expenditures of the State Government, made the
followino; report:

Yonr committee have examined into, and considered of, the
appropriations and expenditures of the Lunatic, Deaf and Dumb,
and Blind Asylums. The salaries of officers for the asylums,
(excejit superintendent of Lunatic Asylum,) are not fixed l)y
law, hut are fixed i)y the trustees of the several institutions.

The patients of the Lunatic Asylum, and the jmjiils of the
Deaf and Dumb, and Blind Aayluiu8,|are sujiported by the State
entirely, so far as provisioning and lodging them. The officers
of the institutions, and their families, are also lodged, and fed,
at the expense of the State. The great pressure upon the State
Treasury, and the necessity there exists for an increase in the
taxes, and a corresponding necessity for the most rigid economy
in the administration of every department of government, have
induced your committee to report the accompanying bill, and to
recommend its passage.

It will be observed, in the bill we have jiroposed, that the pu-
pils of the Deaf and Dumb, and Blind Asylums, shall not cost
the State more than ^LIO 00, annually, each. We mean by
this, that the average cost of each pupil, for educating and sup-
porting hiiu, shall not be a charge to the State for more than
that sum ; and all over that sum shall be paid by the parents or
guardians, and, in the case of the indigent, by the county that
sends them. We suppose, by a rigid system of economy, (after
the schools are properly started,) that one hundred and fifty dol-
lars per annum will support and educate this unfortunate class
of our people.

It is extremely difficult for us to determine what in necessary,
and much, indeed, all reforms and improvements, must be en-
trusted, in a great degree, to the observation of the officers and
trustees of the several institutions. If they are administered
with prudence and economy, the State can keep them up. But
if extravagancies and superfluities enter into the admistration of
them, they had, at once, better be abolished.

We believe they are doing great good, and that the blessings
of tlie unfortunate will be hcaprnl upnn those who inaugurated a
system of so much humanity. And to make it continuous, and
that thotisands of poor creatures hereafter may have cause to
bk'ss the generosity of their State, it is earnestly hoped that
thope trustees and officers who control the several institutions
will have an eye, and a heart, single to their permanency, and
the blessings which they are to confer upon the helpless, for
whose benefit they have been endowed.



100

The coramittoe are satisfied that the trustees and officers will
do their whole duty, in carrying out the o]>jects had in view in
tlie cndownunt of the several asylums. The gratitude of the
whole State is due the trustees of the several aj-yluins. Their
labors are gratuittjus, and })rouipted wholly by the must Wuevo-
lent and generous impulses.

On motion, the Senate adjourned until ten o'clock, to-morrow
niurning.



Thursday, A])ril 4th, 1861.

Senate met pursuant to adjournment. Prayer l)y the Chaplain
— roll called — quorum present — the journal of yesterday was
read and adopted.

M# Shc[)ard, chairman of committee on State Affairs made
the tollowing reports :

The committee on State Affairs, to whom was referred a reso-
lution for the re])cal :of a former resolution, ])roviding that no
business of a private nature should be transacted during the
present session, have consiilered the same and instruct me to re-
j)ort that- it is now too late in the session, to make it of any
jiractical benefit, they therefore recommend that it be laid on
the table.

The committee on State Affairs, to whom was referred a bill
lor the disposition of run-away slaves, have considered the same
and instruct me to report the same to the Senate, and recommend
its passage.

The committee on State Affairs, to whom was referred a bill
for the relief of the Commissioner of the Boundary Survey,
liave had the same under consideration, and a majority thereof
instruct me to re})ort the bill to the Senate, with the recommenda-
tion that the same be rejected , for the reason, that its j)rovi8-
ions are in du'cct contravention with the 25th section. Article
third of the constitution of the State of Texas.

The committee on State Aifairs, to whom was referred a peti-
tion of sundry citizens of Tyler county, for the relief of sheriffs,
have considered the same and instruct me to report it as inex-
pedient to grant the prayer of j)etitioners, and therefore the com-
mittee recommend that the petition be indefinately postponed
and that tln.'y be discharged from further consideration of the
s.ime.

The committee on State Aifairs, to Avhom was referred a bill
presrcibing the duties and obligations in certain cases of com-



IGl

mission merchants, factors and others, have had the same under
consideration, an I a mijority of the committee instruct me to
re])ort that in their opinion such le<];islation is inexpedient and
unnecessary, they therefore recommend the rejection of the bill.

Mr. Fall, chairman of committ(»e on Eno;rossed liills, reported
correctly engrossed, a bill to provide for the sale of land ceded
to the United States government for Indian purposes by act of
the Legislature, approved Feb., 6, 1854.

Mr. Hyde, chairman of the committee on Private Land
Claims, made the following report :

The committee on Private Land Claims, to whom was refer-
red a bill for the relief of Charles Linney, have considered the
same, and have instructed me to refer the same back and recom-
mend a substitute, and recommend its adojUion and passage.

The said Charles Linney, was a citizen of Te.xas and a Car-
ried man, previous to the Declaration of Independence in 1836,
and is still a citizen. He presented his claim to the Court of
Claims, with the witnesses, which Court approved the claim.
Since which time the witnesses have both died, but were well
known to Hon. G. B. Erath.

James Adams received a certificate for a headright, which
was issued after the closing of the Land Office in 1835, which
has been declared void, and his heirs claim this certificate in lieu
of the former.

Mr. Duggan, from the committee on Claims and Accounts,
made the following report :

Your committee on Claims and Accounts, to which was refer-
red the petition of Samuel Everett, asking for relief, have exam-
ined the same, and find that the said Everett was on the third
of November, 1859, wounded in an Indian fight, receiving a
severe wound in the face, disfifjuring him very much, and another in
the arm, disabling him. Said Everett, was seiving in the com-
pany commanaed by T. J. Hales.

A majority of your committee instnict me to report the
accompanying bill, and recommend its passage.

A bill f n the relief of Saml. P^verett. Read first time.

Mr. Potter, chairman of the Judiciary committee, made the
following report :

The Judiciary committee, have considered a joint resolution
pro])osing an amendment to the seventh article of the constitu-
tion. Under the provisions of the constitution, no amendment
of the constitution can be propoR<Ml by the Legislature, except,
at a regular biennial session. (See Cons. Art. 7., Sec. 37.)

The committee would be glad to see the proposed amend-
11-S



1C2

mcTit pn^raftoil upon the ronstitntion, Imt, in view of the fact
that tins is not a rogiilar sesssiun til" the Lt'i^ishiturt'^ I am vlincted
by the'! committee, to return the joint resohition to the tSemite,
am] ask to he (lischar;j:ed from its further consideration.

Mr. St(iek(hih% from the committee on Internal Inii>rovement8,
to \vh(»m was referred a bill, to extend the time ior completina^
the iin|injvement of the lira/os lliver, reported the snime to the
Senate, and recommended its ])assage

Jlr. Stockdale, chairman of the committee on Internal Im-
provements, to whom was referred a hill snpjdementnry to and
amendatory of an act to amend the fourth section of an act to
provide lor the investment of the special school fund in the
iionds of railroad com])anics, incorjiorated by the State, jmssed
Au<2;ust 13, 1856, ap}>roved February 22, IS.'iS, reported the
sanje tfl the Senate and recommended its passa<;e.

Mr. Hyde introduced a bill ]»rovidinf; for a chanpe of venue
in the case of the State of Texas vs. Albert G. Walker, now
]tending in the district court of Tarrant county. Head tirst
lime.

On motion of Mr. Hyde, rule suspended, bill read second
-tinae and ordered to be engrossed.

Rule I'urther suspended, bill read time and passed,

Mr, Totter introduced a bill jiroviding for the jtrinting of cer-
tain matters, with the general laws of the extraordinary session
of the eighth Legislature. Read first time.

Rule susj>ended, read second time and ordered to be engrossed.

Rule furtlier suspended, bill read third time and jmssed.

j\lr. Hyde introduced a bill, n)aking provisions for the transla-
tion and printing of certain general laws and ordinances in the
Spanish and Cierman languages. Read first and second times
and referrec' to the committee on Printing.

Mr. Dulaney introduced a joint resolution, remicsting the
Representatives of the State of Texas in the Conft^erate Con-
gress, to use their influence to obtain the j)assage of an act of
Oopgress, establishing a mail stage route, from the city of
HUroveport, Louisiana, to the town of Nacogdoches, Texas,
rufljiing on the present route by way of Greenwood, La , Car-
thage, Panola county, and thence direct to Nacogdoches, &c.
R^d first time.

Rule suspended, read second time.

j^Ir. Martin movcil to amend by adding :

." Also, the route from Waco to Tyler by the way of Corsi-
cana, Navarro county." Adopted.

Mr, Lott moved to amend by bidding :



163

** From Tyler, via Starrville, Smith county, to Marshall in
Harrison county." Lost.

Mr. Harmon moved to amend hy adding :

" And all other cstahlishod mail routes in the State. Adopted.

On motion of Mr, Martin, hill and amendments were laid on
the table.

A bill to provide for the redemption of Treasury warrants,
issued to William Fitzhugh. Read second time.

Mr. Herbert offej-ed a substitute which was adopted and
ordered to be engrossed.

Rule suspended, bill read third time and passed.

Mr. Gentry introduced a joint resolution concerning rights of
transit through Mexico. Read first time.

Rule suspended, read second time and ordered to be engrossed.

Rule further suspended, read third time and passed.

A message was received from the House, reporting the passage
of a bill to attach the county of Edwards to the county of
Uvalde, for judicial and other purposes, until organized, and

A bill to authorise the county courts of the seveial counties
to transfer portions of the jury fund to the general county fund
originating in the Senate, and

A bill to change the boundary line, between the counties of
Ooliad and Victoria, originating in the House.

On motion of Mr. Stockdale, the bill was taken up. Read
first time.

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

Rule further suspended, read third time and passed.

A message was received from the Governor.

Which was on motion oi Mr, Potter, transmitted to the House
of Representatives.

Mr. Erath, chairman of the select conimitteo of nine to appor-
tion the State for representation in thf Congress of the Confed-
erate States of America, reported a bill embracing the object :
to apportion the State of Texas and to regulate the election of
members of Congress. Read first time.

Rule suspended, and made the special order for 3 o'clock,
r. M., this day.

A bill for the relief of Chas. Ganahl. Read first and second
times, and referred to committee on Finance.

A bill supplemental to an act to provide for the investment
of the special school fund in the bonds of railroad companies,
incorporated by the State, passed August 13tb, 1856. Read
firi-'t time.



1G4

A bill maltinrj an nppmprijition for tl)c mili-n^ and per diem
j)ay of thu ineinbers, und the ])i'r diem pay of tlie ollicers of the
adjourned session of the ei}];hth Legi.slaturc. Read first and
aecond times and referred to the committee on Finance.

A joint resolution, authori7.ii)<; the payment of the wilary of
the late Capt. T. F. Plaster, deceased, as door-keeper ol the
House of Representatives, to I). C. Dickson. Read tirst time.

Rule suspended read second time and passed to a third read-
ing.

Rule further suspended, read third time and passed.

A bill to amend an act amendatory of the laws to raise a
revenue by taxation. Read first aud .second times and referred to
'.he Finance committee.

A joint resolution providing for tlie turning over of the
proj)erty now in the possession of the Slate, lately taken from
the U. y. govertment, to the Confederate States. R< ad tirsfc
and second times and referred to comuuttee on f^tate Affairs.

A bill ijrescrihiiig the manner of authenticating instrMment»
of record. Read hrst and second trn)es and referred to Judici-
ary committee.

A bill to amend the 4, 7, 8, 15, 18 and 34 sections of an aet
to ])rovide for the assessment and collect i)ii of taxes. Read i\r»t
and second tim<'S and referred to committee on Finance.

A bill to authorize the county courts of Nacogdoches and
others to regulate the pay of SheriiVs therein, in certain cases.
Read first and second times and referred to the committee on
Finance.

A bijl supplemental and amendatory of tlie act creating the
county of Kaufman, ajiproved Feb., 26, 1848 Read first and
second times and referred to the committee ou County Bound-
aries.

The bill providing for the encouragement of manufactories ia
Texas, being in order,

Mr. Blanch withdrew Kia amendment which was peikling whea
the Senate last adjourned.

]\Ir. Miller renewed the amendment.

!Mr. Martin moved the following as an amendment t<> the
amendment :

"And strikeout eight sections and insert five," which waff
accepted.

The; yeas and nays being called on the adoption, the question
was lost by the following vote :

Yeas— Messrs. Martin, Miller, Neal and Pitts - 4.
NAYS-^Mcssrs. Blanch, Chambers, Duggan, Dulaney, Erath,



165

Fall, Gentry, Grimes, Guinn, Harmon, Herbert, Hyde, Lott,
Parsons, Potter, Rains, Schleicher, Shepard, Stackdale, Throck-
morton, Walker and Whaley— 22.

Mr. Parsons moved to strike out eight sections and insert
four.

Upjn which the yeas and nays stood thus :

Yeas — Messrs. Blanch, Chambers, Dufrgan, Erath, Grimes,
Guinn, Herbert, Hyde, Martin, Miller, Neal, Parsons, Pitts,
Stockdale and Throckmorton — 15.

Nays — Messrs. Dulaney, Fall, Gentry, Harmon, Lott, Potter,
Rains, Schleicher, Shepard, Walker and Whaley — 11.

Mr. Throckmorton moved to amend as follows :

*' Strike out four sections and insert six."

Upon which the yeas and nays stood thus:

Yeas — Messrs. Dulaney. Erath, Fall, Gentry, Harmon, Hyde,
Lott, Neal, Pitts, Potter, Rains, Schleicher, Shepard, Throck-
morton, Walker and Whaley — 16.

Nays — Messrs. Blanch, Chambers, Duggan, Grimes, Guinn,
Herbert, Martin, Miller, Parsons and Stockdale — 10.

Mr. Herbert moved to amend by striking out : " ^10,000," and
inserting *• $20,000." Lost.

The question on the passage of the bill to a third reading
was then taken and carried by the following vote :

Yeas — Messrs. Dulaney, Erath, Fall, Gentry, Harmon,
Hyde, Lott, Neal, Potter, Rains, Schlieicher, Shepard, Throck-
morton Walker and Whah-y — 15.


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