Telegraph and Texas Register (Columbia, Tex.), Vol. 1, No. 49, Ed. 1, Tuesday, December 27, 1836 Page: 4 of 4
This newspaper is part of the collection entitled: Telegraph and Texas Register and was provided to The Portal to Texas History by the The Dolph Briscoe Center for American History.
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OEFJCIAL.
AN ACT,
To Incorporate the Texas Rail-road, Navigation and Banking
Company.
Sec. 1. Beit enacted by the senate and house of representatives of
the republic of Texas in congress assembled, That Messrs. Branch T.
Archer, James Collinsw&rth, 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 " Texas rai&-boad, 'navigation and banking company;" and
by that name, they and their successors, shall -and may have continual
succession, and shall be persons in law, capable of suing and being
Bued. pleading and being impleaded, answering and being answered
unto, defending and being defended, in all courts and places whatsoever;
and tkat 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, nr mixed,
for the use of the said corporation, and doing and performing all things
which are necessary and common for companies of a similar nature to
do, not costrary to the provisions of this charter, as hereinafter enact-
ed, 6r to the constitution of this republic.
Sec. 2. Be it further enacted., Sfc. That the said company shall
have backing 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
ISabine, by means of internal navigation and rail-roadsj from, and to
such particular points of connexion, as may be agreed upon and selected
dy said company, with a privilege 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 U farther enacted, Sfc. That the capital stock of said
company, shall be five millions of dollars, and be divided into fifty thou-
sand shares, of one hundrod dollars each; and that Messrs. Branch T.
Archer, James Collinsworth, and their present associates, be, and are
hereby appointed directors of said company, and whoso duty it shall
be, to do and perform all the business incumbent upon them as such,
necessary to the successful operation of said bank and the completion
of said works, and the same shall coptinue in office, until their succes-
sors shall be duly elected and qualified.
Sec. 4. Be it further enacted, Sfc. That the aforesaid directors,
their successors or assigns, shall have-full jower to borrow money upon
the faith of this charter, and also to pledge such property, real or per-
sonal of their own, for the payment of the same, as in their wisdom,
may best conduce to the interest of said corporation, 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 it has a specie capital ofone 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 exchange, at such rates
as the market may afford ibr the time being; and that the said directors
shall have fullpoweMo imact such by-laws, rules, and regulations, for
the government of said bank, and the works therewith connected, as
they may deem necessary for the use and protection of ,tha same, and
for the election of directors and all other matters. "
Sec. 5. Be it-further enacted, &c. That upon the going into ope
ration of said bank, said company shall pay over to the treasurer of
Texas, a bonus, mgold or silver, asjshall be required, the sum of twenty-five
thousand doDarSj 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 xail-xoads as may be constructed, so long as such charter
shall continue; and also the said government or republic of Texas, shall
haye a free privilege of transporting all soldiers, provisions, ammuni-
tions and munitions of war, and also all transports and ships-of-war, free
of tolls or other charges.
Sec. 6. Be it further enacted, 6fc. That said charter shall continue
in full force and virtue, for and during the period of forty-nine years
from the passage ofthis act, at the end of which time, thasaid company
shall have the privilege of renewing the same for a like period, by pay-
- ngto the government, five hundred thousand dollars in gold, onailver,
and by a further paying thereafter, of.fiye pr cent, per annum, upon
'the nett profits arising .upon all tolls, feesand charges of said works.
s Secv7. 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. Beit further enacted, Sfc. That if, at any time, from and
after the passage of this act, in me opinion of the companythe com-
mercial wants of the country, andtthe welfare of the company shall" re-
quire it, said capital stock may be increased to the sum of ten millions
of dollars, by paying over to the government or state of Teas, at that
time, a further bonus of one hundred thousand dollars: Provided, in no
instance, shall said company discount more than three dollars to one,
upon the capital paid in: And, provided, furtheimore, that upon the fai-
lure jof said bank 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, bpar an interest of
ten per cent, per.annum, uutil paid,.and for tho payment ofl which, all
the chartered property of said company shall be held responsible.
Sec. 9. Be it further enacted, 6cc. That any person or persons
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 damnum, directing the sheriff of
s&ia cuuniy 10 summon a jury oi six ireenoiaers, wno snail assess, in e
damage which said road or canal may 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 tho party so refusing such a-
ward, together with the sum of two dollars per day for each of the jury-
men, 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 portion of tho public landsJby their im-
provements, they shall have the right to take possessiqniofj-andpay to
the government the minimum price of such Ian&7SrovidedKtwevGr.
that said company shall not bo permitted to occupy more than one half
mile ot sucn public land tronr their works, on either side.
-.. Sec. 10. Be it further enacted, $ v. That if any person or persons
wl atsoever, shall wilfully, by any means whatever, iniure, molest, or des
troy anypart of the road3 orcanals, constructed by said;company under
this act, or any oflfcw worjuUdings,, fixtures, or machines, or other
porperty, sucn pereoa srper&ww so attending, shall, each ot them bo li-
.ab!& for all damages occasioned thereby, -and at anv time within twelve
months after such offence shall havebeen''Committed, and upon convic-
iwvj.uojranuuw uv4amic uui, uAiieeuuig lea uiuuaana uojiars, orimpns
iwmea not ascecdiogwelVe months, or both, at tho discretion of the
lgfsfp7 y-fe it furlherenacted, Sfc. That the 'said company shall
MWXC j" 1 &0 bank Qi sucH'pIace as they may think pro-
$8h dwesMHshAS many branches, therepfr as-lh,oy may iujink the
ffmximiuGBMi use community require. - ,
' f?, W? U further'aiactcd, c. That mexej;utgo!shajySnu:-
sUjr ajpjgoint government conunissipner, whoso usmeM-it sh'all&to
extane mtotnT circumstances of 'said corooraiion.'and reDbrLthoreoii.
jfrgether the government ðaBbeen Drooorlvmade out andnaicf over
il wvn..dRn.,nr L .i a-2. ! vt - - V 4''
uj bu; unniui uuici ui uxu KUVHrriTTiHrtr. in rrpjiivn Tnn enmf? i rm nnv
tlsvSweafter determined- by .sqmeiutuie con-
grss, io ue pHfl Y.Baiuisuiuaon i4 ma. v
SMBYjfiirthejRacted, c. That in the avent tho "first
Baiaef- bomstf tWbnty-fivousend avillarsTsball notrpakT within!
Jeighteen months from and after the passage of this act, the said charterj
shall be forfeited, and forever thereafter be null and void.
Sec. 14. And be it further enacted, Sec. That said company shall
not issue any note for a smaller sum than five dollars, neither shall they
establish more than two branches without the consent of some future
congress, and they shall pay one per cent, upon thediVidends of said
Bank for the use of the republic.
lKAlNGRAM,
Speaker ofihs house of representatives.
RICHARD ELMS,
President ofrthc senate pro tern.
Approved, December 16th,1836f ,
- " .4 ' 4 r SAM HOUSTON. , L
" " JgEa&oirnvE Dotbtmbnt,
- Columbia, 13th ecemjber, 1836.
To the honorable the senate ana hmise ofremesentatives : i - v
Gentlemen: It becomes my BulanH at thee same timeit'
crives me Dleasuffc to call your attention to a trentlema'tf and
a friend of Texas, who hds but recently arrivedrf tlie coun
try, anu nas ciaim upon you: viz. jonn vv ooawarajisqijpt tne
state of New York. - K - -A
The accompanying documents, the one markedA, the oth
er B, will enable you to see upon what this communication
is founded. Actuated purely by a spjrit of patriotism"and,'benev-
olcnce. he has been the devoted and constant fnend,ofn.lesas
through all her difficulties and struggles for liberty. When a
dark and threatening cloud hung big with destiny tover,her
when it was feared by many that the tocsin of her liberty was
soon to be sounded; and some were induced to abandon her to
her fate, he stood firm as her friend and her advocate; his ener
gies were only increased by the dangers which surrounded her.
But he found consolation and hope in the justness of our cause,
and the firmness of our people; and he now appears among us to
cheer us in our prosperity and success, as heartilv as he sympa-
thises with us in adversity. 5
Judge Woodward comes fiom the most populous and weal
thy state of the North, and brings with himsuch testimonials of
character and worth, as doubtless will ensure your probable con-
sideration of his claims, when it is recollected, that our success
much depended upon the exertions of such gentlemen persons
who were actuated to interfere purely from benevolence and a
moral conviction of thajustness of our cause.
I am sure that you will give to Judge Woodward suchf as-
surances, that he will be secure in his investments in Texas,and
will satisfy him that wc are not ungrateful to our friends.
Through his exertions, together with others connected with him,
in procuring additional strength to our navy, which will soon, I
am informed, if it has not already arrived jipon our coast,) we
will be enabled to keep the entire command ofthe Gulf. It is the
intention, I understand,' of Judge Woodward to settlemany fami
lies in Texas; and coming as he does, from the northern part of
the United States, and being a gentleman of fortune, high cha-
racter and influence; through him, we may reasonably expect
to introduce into the .country many valuable and enterprising
citizens. And when j know that it is at all times the pride and
wish of a free people, to do justice to merit, and at the same
time to know, that you, their representatives arc governed by a
spirit of liberality and intelligence, I feel confident that the
claims of Judge Woodward upon this Republic, willnot be
passed unrewarded.
SAM HOUSTON.
, , TtesdaDecember 20, 383G. -
The senate met pursuant to adjournment. " ' p
MjMr. Everett submitted a foint resolution for the Womtmff of a
contractor general ofthe army, which was read three several time?'and
jjuaseu me senate. j --
? Mrvlriorit chairman of the committen on finrnllrttTi!nj.'-Tfinrtrf0fT
jSjindry bills as having been approved by the president, arid sundry bills
The senatethen went into business with closed doors, and after
SBmc time spent-therem, adjourned until 3 o'clock, P. M.
H N
A message was received from the house of renresentativek Rtat;n.
their concurrence in. the amendments to use "geaeril'fend office."
Mr. Everett submitted aniactas tsulstitute'fSr an act to proluW f"
the introduction of African negroes : which was read 3 aareral times amh I
passed the .senate. , , JU ? NN
JThe bill for tho compensation of the comptrollerjapd clerks of the,
different departments, passed pbesenate. ' j
jJVMessjrs.-.bv,erott, Qorzmg and, Lester, were appointed acommittee j
m the.part.of the senate, toawaiUm the president, and inform hiimthp. iL
two houses of congressiwerdready to adjourn. X &
-Messrs. CorzihelSomervell and Grimes,oreipbointed a com
mittee of conference on the part ofthe senate,,to cpnfer- with atcorannt- v j
tee on the part ofthe house of representativesSoh jthe bill establismnfr r
district courts. , , . y& .' V,- v
Un motion of Mr. Morehouse, the senate adjourneduntil rto-mor- N
row morning, 10 o'clock. " '
J V v x.
tUa cn .... .M. . nc...rarrm
vanuus racssases were receivea nom me nresiaent. and tne senate.
. a ' ' . i , -. , ,ij i . ..la. it.' -.. .
went mto secret session, and alter several nours spent therein, tne ,- c
doors were opened.
Acommittee was received from the house of representatives, in-
forming the senate, their house was readyvto adjourn on to-morrow, at -12
o'clock, and stand adjourned until the 1st day of "May next, to meet -at
the town of Houston. J-
On motion of Mr. Somervell, the senate adjourned until to-mor-
row morning, 10 o'clock. v
m
The select committee to whom .was referred the resolution
from the senate, with the accompanying papers relative to the
claims of the honorable John Woodward, haye had the same
under consideration, ahd have instructed me to repoi t,
That the honorable John Woodward comes recommended
to. us under circumstances of a most flattering character to him
self, and in a manner that should endear him to every citizen of
Texas, and to every lover of liberty, wherever found.
In the darkest hour of our struggle, he was the firm and
constant friend of Texas; and'most materially aided us in thus
far accomplishing the obiects of our revolution, and it would
"be worse than sacrilege to deprive him by any legislative
action oi ours, oi any legal, nguis wmen uu may pusses.
Your committee consider that any action on the. subject
would at this time, be improper; because it is not understood
that the rights of Judge Woodward have been attempted
to he interfered with; and it is not considered by your commit-
tee that any such intcferenc e will be attempted.
The constitution of Texas guarantees the rights of Judge
Woodward'and all others. And shjmld any obstacle be thrown
in his way, the judiciary, which i? now organized 6n a respecta-
ble footing, will promptly extend him that relief to which justice
and law entitled him.
Your committee arc of opinion, that Judge Woodward
should rest satisfied with his rights as theyare now protected by
the constitution; and that there is no reason to apprehend that
any legalfnghrwill ever be taken from him, either by the ac-
tion pf fhisicon gross, or hy the judgment of any court of justice;
and recommend the following.
J" MOSELEY BAKER. Chairman.
JOINT RESOLUTION.
In relation to the honorable John Woodward.
Resolved by the senate and house of representatives ofthe re
public of Texas in congress assembled, That this congress has no
ight to interfere in the vested rights of any individual, and that
the judiciary is the umpire to decidcrthe contested claims of in-
dividuals. Resolved, That the services rendered the cause of liberty in
Texas by the honorable John Woodward of the city of New
York,rso gratefully acknowledged by this congress, and that his
worth and virtues render his acquisition as a citizen highly de-
sirable by this congress.
Wednesday, December 21, 1836.
The senate met pursuant to adjournment, gnd was opened with v
prajcr, by the reverend W.W.Hall.t l s&
The senate went intosecret session, and after considerable time
spent therein, the doors were opened, & c
When the senatetadjouraed until 3 o'clock. P. Mi, fy
-- ! "- M j jLj
3o'cLCHnwi?.s7
The senate met pursuant to adjournment and went into busines ,
with closed doors, and after several hours. spent-therein, the doors. vcre ?4
opened. m
Messrs. Everett, Ellis- and Corzine, were appointed a committee tdjf-
await on the house of representatives, upon the subject of adjournment I.
A message was received from the house of representatives, inform-1
ing the senate, they had passed a resolution authorizing the president f .
to receive forty thousand volunteers. " "?" ,
When, on motion 6f Mr.' Horton, the senate adjourned nuntll 10
o'clock, to-morrow morning. '
k3 J4'1 "'.
VM? "z ' , TnxmsDAr, December 22,36P P
The 'senate met pursuant to' adjournment,-" ' f
And was opened with prayer by the reverend W.WrHaH:'
A message was received from the president, announcing that he
had vetoed the land bill, and the bill making rules and regulations for
the army of Texas.
The land bill was then taken under consideration, and- notwith-
standing tho veto ofthe president to it, finally passed by a constitulion-
iju-majontypjjne,senaje
The bill making rules and regulations for me army of Texas,"whicIfT"
had also been vctqed by the pr,esident was laid on. the taljle. w
Tho senate then, resolved itself into secret session, andtwhen the
doors were opene'd, , e ,."?
Adjourned until tho first Monday of May next. f
THE subscriber having been appointed by tte honorable B. CFraiMin?
administrator of the estate of ffm. S. Brorro, deceased, hereby-BbtiGeVf-all
persons indebted to said estate, to make payment; and all ihosebi7ing
claims againt said estate, will present the same within the time prescribedtty-F
law. I. C. HOSKINS. '$
4S-3t '
- NOTICE. . .
THE undersigned would feel thankful for any injbrmatioH.jgwjccrningjJusr
bonks and natters, manv of which were lost ordestrov&3ffck the time the
TVlexicans invaded the town of Matagorda; some of them hawrbeen found' at
tnemoutn oi tne crazos nvcr, kinajy preservea Dy a inenat anu snoaia aHy,,
more be found there, or elsewhere, the person having- s5cb knawledgeroili
lease furnish me with the same, directed to the care ol Mr. o.,B.i.Urigbsunp
latagorda, or to Mr. G. B. McKinstry, of Brazoria. '
48-4t I. ILTJEWIS.
tFIRST congress first session.
.INSE3TlTE.
Monday, JDecember 19, 1836.
Tho seriate met pursuant to adjournment.
An act establishing a general post office, accompanied by the pres-
ident's veto, together with the amendments ofthe house of representa-
tives, waff taken up and concurred inliythe senate.
6 i Mr. Irion from the committco on enrolled bills reported sundry bills
Tw-approvcd bythe senate. -t
r :' The bill changing the names of certain counties was called up, a'nd
on motion of Mr' Everett laid on the table as unfinished business until
next session. ',, t ,
. ,Th& senate then. adjourne'd'untilf 3' o'clock P. M.
The senate met at the hour adjourned for.
To aBl -wlaosn if mav concern..
WHEREAS the subscriber did sign a bond or other piece of writrBg-,por
nortiutr to be a boncLfor the payment of one hundred and fifty .abuus.
to be paid-in government paper, three months after dater signed on the lit dayt f
oi uecemocr, ioou, muuu pajauic iu it . jj. xewcea, ui uruvr. iuc suujvhum
was compelled to sign said instrument to get possession df"a certain mare' pri-
vately or feloniously taken outof my possession some timein July; last Thwis
to forewarn all persons from tradipg for said paper, or recemng'iz in any way
whatever, as I am determined not to pay .said amount, or any part thereof, un-
less compelled Tiy law. hi
Washington county, Dec. 18th, HUGH'McGUiTFItfs "
NOTICE. " -
mHE undersiened havins: obtained letters of administraiios os tfee estatfsafT
Robert W. T. Carter, and Samuel May, deceased, jiotiScs aB prseBfcj&f--!
deb ted to said estates, to make immediate payment; and those havinclaiiQ! J
asainst the same, to present them within ihe time prescribed by lawl 'ia.a
" Velaco, December 5, 1836. 48 3t FRANCIS J. HAqKIN'
X HEREBY appoint Mr. John P. Gill my legally constituted agent duringjayv A.
JL absence. , juujuK.f
Columbia, December 16, 1836. 48 3t.
t . " I
VWH
"It ' " ft''
3 o'clock, r."3ir
HANBX & 3CUSK
TTAVE lust received per the schr Col. Fannin, a large auBalT'Of se
S j. u'-c t n.nnn c.. j."tu;.aT
m guouaT iimoug wmcu are uiuwu uoYaua pugtu, uuuuiceaaeu ijuai utsjjs-
Coffee and Imperial Tea, French and Peach Brandy, Holland Gin, besfcrecti-
fied Old Whiskey, very superior Champaigne "Wine, a variety of Cordials, Set-
dines, Lard, &c. &c. Also, a very extensive assortment of READY -"MAD. ,
WINTER CLOTHING, extra three Doiut Mackinaw Blanketsredairf-wiHi
FLANNELS, painted THIBET, &c. Sc. black and white SILK fod-J'11
uaia, liuvio HJ4U jixjjjiki vi trtij nujgiMauu uiv uu wv iui u f T i ITS
tered lor sale in iexas. Wc ajum m
HOLSl'ER PISTOLS, ever offered
Brazoria, 1836. , " j
THE Steamboat YELLOW-STONE,' Thof5'?Gray-d
son Master, will maize trios, for the servicsf tae db&kg 1
bctwten Quintana and Wnshineton. othe Brazos, whe-H
the state of the water will permit; and will convey cargC .
and passengers for any of the intermediate places for '
which fhc has superior accommodations, and will make equitable charges, ror
the undertaking and prosecution of this arrangement, the Yellow-Storiewili
require snppbcs of wood, at the undermentioned places, which nill be paidfbr
on delivery, at $3 per cord, for good ash or hackberry split fine and 4 feetwngL
At wasnmgton, :ju corusoi woau wujw
Behveen Wnshinrton and Grace's nlantation 100 u t . -
At or,near Grace's, 50
At San Felipe do Austin, 50
At or near Muskogee Bluff, 50 ,
AfRichmond, 100
At or near Henrj Jones's, 100
In the neighbourhood of Big Creek, . . . 50
At or near Boli ar, . . . 100
At any convenient landing place between .. -
Marion and Quintana, 300
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G.& T.H. Borden. Telegraph and Texas Register (Columbia, Tex.), Vol. 1, No. 49, Ed. 1, Tuesday, December 27, 1836, newspaper, December 27, 1836; Columbia, Texas. (https://texashistory.unt.edu/ark:/67531/metapth47912/m1/4/?q=%22%22~1: accessed June 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.