Telegraph and Texas Register (Houston, Tex.), Vol. 3, No. 9, Ed. 1, Saturday, February 10, 1838 Page: 2 of 4
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LAWS F THE REPUBLIC OF TEXAS.
., JOINT. RESOLUTION
-To'Telecl a Committee of Jive Ac. to locate the scat of
m, i ' Government. '
Sec.' 1. Resolved, by the senate mid house ofre-nrrtmtnii-Dfjt
af th ruaublic of Ti'jcos in ronsress as
sembled, That they will .elect a joint committee of
. . r .1.' '. l.l .ui. f.m !. hollar-
nve;two irom me senate anu mice uum ,.....-..
of representatives, to be elected by their different
houses, to whom shall be referred all the proposi-
tions for the location of a permanent seat of gov-
ernment, that the said committee be instructed
forthwith after the adjournment of congress, to re-
pair to that section of country in which it is pro-
posed to locate the seat of government, and exam-
ine, and.make plots of the different places propos-
ed.as.proper for the seat of government, and to vis-
it and examine such other places as may be propos-
ed fortfie seat of government, and prcp.irc plots
and descriptions of all such places with the condi-
itions on which,theycan be. had bythc government,
'and report thereon on the'first Monday of.thenext
-meetingof congress.
Sec. 2. Arid be it further, enacted, That said
committee, shall receive"the same pay as if in actual
session of, congress, for the time they are serving
on said committee, and they are hereby instructed
to.makercontracts on the most favorable terms they
can, subject in all cases to ratification or rejection
by. congress!
'- Sec: 3. And be it farther rnnci'd, That the said
committee shall have power to make reservation of
tt i l i t? i 1. - nU.inlml ntif lii tt tino I
an vacant tanas wnicn may uu miuhmju .h.i..h .
miles' of any point which the comiriittcc may think
proper to designate as suitable locations for the
seat of government, and due notice of said reserva-
tion shall be forthwith given in at least three pub-
lic newspapers, and no county surveyor shall sur-
vey any 'land tin the said reservation until after
said reservation, shall be relinquished by con-
gress, provided, that it shall not be lrwful for said
committee, to make such reservationsjin more than
'five different places,
rf- ' JOSEPH ROWE,
Speaker of the house of npresenlalivcs.
MIRABEAU B. LAMAR5
President qfths senate, us
i .Approved, Dec. 14, 1837.
1 SAM. HOUSTON.- .
' A PL'AN '
For the better regulation of the administration of Jus-
tice in Texas , i
coierraoED.
Op Chimes committed by' the Superior and
j -i Primary Judges. "
SECTION. 5. Art. 84. In case the superior
judge shall be accused of any crime whatever offi-
cial or ordinary, the provisions of the 197 art. of
the constitution shall "be'observed, and the legisla-
ture shall previously .declare that there be just'
cause ,of action. - -
Art. 85.' The provisions oftEe above cited 179th
articleiof the constitution shall also'be observed in
. accusations against primary judges for crimes of
office, the supenor court hrst declaring tnat tncre
be just cause for action.
Ar- 86.-Tor this purpose, -the accusation shall
be formed without the.necessity of thoDroccss Su-
mario. provided in this law and the trial .snail be en-
teredjUpon and pursued according o the process
unmmaif rienano, uii iue;veijiii:i. m uiu juij. j
conformity with the regulations of law in such ca-
ses, the judge shall declare whether there be suffi-
cient cause for action or not.
,Art. 87. The declaration of the judge being in
the affirmative, the plaintiff shall present his accu-
sation in form, directed to the corresponding hall
of tha supreme court, which shall be added to the
record, and without any examination whatever,
shall he remitted to the aforementioned hall of jus-
tice. 7
Art. 88; In conformity with thef.icts manifested
in the record, and without admitting new evidence,
the supreme tribunal shall proceed to take cogni
zance of and determine the cause, according to all
.ii- ? i. nt .i :
. tne 'Circumsuiutea ui mc base, uuu rctuurscs permu-
ted by the law, without the necessity of the per.on-
al appearance of the plaintiff, the Fic.il acting as
-prosecutor in the case.
Art. 89. The defendant may allcdgc in his dc-
"fencethenullity of the record, in conformity with
;the provisions of 'this law in such case,
"i Ari. .90. The sentence given, the proceedings
shall be transmitted to the' superior court, foruita
execution' ' . r, ,
Of the administration of Justice in Civil cases.
c SECTION.-.' Art. 91. The primary judges,
and commissaries, shall determine by themselves
alone,, and verbally, all demands, the import .of
"which shall'not exceed ten dollars','and a record of
'such decisions shall be kept, in a book fen; that, pur-
,' nose, and designed by thejudge or commissary and
t . A? ah Iwv i-wwt AAPna An & a 4-1 n .A?..
ine panics, ui uy inu muioara in uuc me parlies
may not know howto write..
Art. 92. The decisions in these eases shall be
,,executed,in conformity, with the 179th, artidcW
,,the constitution. -
Art.,93. In all civil demands, and in those for
personal injuries, the alcaldes shall exercise the of-
fice of conciliators, in conformity with the laws to
that effect.
Of tiie Trial by Writing. .,
Art. 94. In order to commence an action by
writing, the complainant shall present himself be-
fore the primary judge of the respective jurisdiction,
and shall signify his demand by a petition plainly
and clearly expressed, accompanied by a certificate
Art. 95. The iudcre shall immedialelvcUe the
defendant, by a writterifnoticc, appointing the da
of trial, and express in the citation the name of the
plaintiff, and the subject matter of the demand.
Aft. 96. The sheriff shall notify the defendant
of the citation, and shall deliver him a certified co-
py thereof, and if he cannot be found, the said co-
py shall be left at his house, or at the house where
may reside, or ll lie cannot oe nouneu in mis
up in tnc most puuuc
manner, it shall be posted
place in thejunsdiction.
Art. 98. When the defendaut cannot be found,
or his residence be out of tbe state, and urfder such
circum-tanccs that he cannot soon return, or being
cited in the manner mentioned in the preceding ar-
ticle, he do not reply in the time specified in the
citation, or if in any stage of the trial whatever,
one of the parties shall not appear, when undcrob-
ligation to do so, thejudge on inibrm.ition and po
tion of the party interested, shall appoint an attor-
ney ad litem, for the party absent, and the trial shall
proceed in the same manner as if tne party nim-
self were present.
Art. 99. The absent party, however, may at
any time appear and continue the trir.1 in person,
and in that c.ise the powers of his attorney shall
cease.
Art. 100. The defendant, or his attorney having
replied to the demand, and the pleadings of the
parties being concluded, the case shall be ready for
trial. . . ' t "
Art. 10 L '.Neither of the parties shall be permit-
ted to present more than two writings, and the term
of three days shall be allowed for the Replica, coun-
ted from that of the Contestation, and the same time
shall be allowed for the Duplica, counted from that
of the Replica; and the' judge shall deliver these
documents to the parties to whom they may respec-
mmmmmimmimmm
Art. 118. In civil cases al-u, the executive officer
shall-be governed by the' directions contained in
the order of execution.
Art. 119. In respecting to judgments which de-
mand an order of execution, the corresponding pre-
cept shall be issued, without the necessity of nqw
application by the party.
Art. 120. The creditor who solicits an execution
atrainst his debtor, shall present a petition to the
judge, in which he shall set forth the grounds of
his solicitation, accompanied by the corresponding
document.
Art. 121. If the document be of that character
which carries with it Aparejada cxecucion, the cor
responding precept shall be issued witsout delay.
Art. 122.- If the debtor cm be found he shall be
required by the executive officer, to satisfy the de-
mand set forth in the precept, or to designate pro
perty on which the execution may be levied.
Art. 123. If the debtor cannot be found, or re-
refuse to designate property, the officer shall pro-
ceed to levy the execution, first on personal proper-
ty, and if this be not sufficient to satisfy the demand,
secondly, on real estate, and lastly embargoing hi-
rights a'nd claims, if the other property be not suf-
ficient. Art. 124. The property executed shall be sold al
public auction, after thirty days notice to that effect
having been given, by posting up written notices, in
three of the most public pliices of the jurisdiction.
specifying the kind of property, and the day and
place of sale.
Art. 125. The dclendant may oppose tne saie
within eight days from that on which the execution
was levied, by presenting a written statement to
the judge, expressing the exception that he belieres
to exist in his favor. If this exception be proved
before the day of sale the property hall be re
turned; otherwise the s.ilo shall take place agreea-
Art. I4U. in1 order to give to tnis law tne corres
ponding publicity, in the two languages spoken by
the inhabitants of Texas, it shall be published in
)oth idioms, and for that purpose, the governor
shall appoint a translator possessing a critical know-
ledge of both.
For its fulfilment, the Constitutional Governor of
the State shall cause it to be printed, published,
and circulated. Augustin Viesca, President. Josr
Jesus Grande, D. S. Jose Maria de Uranga, D. ,S.
I therefore command that it be printed publish-
ed, circulated, and carried into due effect. Given
in the Capital City of Monclova, April 17, 1834.
URANCisro viDAunm
and Viixasenor.
JOSE MIGUEL FALCON,
Secretary.
TELEGRAPH.
Honston, Saturday, Feb. 10, 1838.-
By the Tariff as lately) modified by congress, tlie duties haye
been removed from sugar, coffee, tea, salt, flour, all kinds of
bread stuffs, pickled pork, bacon, iron, steel, household furni
ture, cstton bagging, bale rope, books and itationarT,machine-
l ry of all kinds', waggons,, carts, harness, farming utensils, lime
and lumber. Tbe implements brought in by emigrants for their
own use are also free of duty. All dry goods of which cotton
forms a component part, are subject to a duty of ten per cent.
ad valorem. - - -,
tivelv anuertain. immediately on receiving them.
rf. 109. Forthp rfisuntrli of civil casus, the tri-. ble to notice.
bunals spoken of in the 7th article of this law shall Art. 12b". Either of the parties may requestlhat
hold their sessions at the times therein mentioned,! the superior court review the sentence givenup-
and they shall continue till the conclusion of all ion the opposition, and in that case the provisions;
the causes before them.
Art. 103. AH causes shall be despatched accor-
ding to the order of their dates, unless there be
just grounds for delay, subject to the strictest res
ponsibility of thejudge.
i Art. 101. For this purpose a record shall be kept,
in . which shall be entered with all clearness, the
causes ready for trial, according to their dates, sta
ting the names of the parties, their attorneys, if i
they have any, the matter of conclusion of the
pleadings preparatory io the trial.
Art. Wo. tin, the day assigned lor tne trial, tne
parties shall present their evidence and for this pur-
posci they shall previously deliver to the judge a
list of the witnesses whoc testimony they require,
in time sufficient for them to be summoned by the
sheriff. -r. n
106. If any of the witnesses reside ontofthe
jurisdiction, the party interested shall present his
interrogatories in sufficient time, and snail give no-
tice to the ot,her parties in order that he may add
such interrogatories as he may think proper which
he shall do within three days.
Art 107. The judge shall transmit these docu-
ments, with an official notice to the judge of the
place of residence of the witness, or with a com-
mission in which he shall appoint one or more ex-
aminers who shall take down in full, the testimony
givenf under the usual form 6f oath in such cases.
Art. 108. "On the day appointed for the trial, and
the parties being ready, the box containing the
names of the jurors which have been cited accor-
dine to the I6th article of this law, shall be placed
before theniland the plaintiff and defendant alter-
nately, commencing with the former, shall draw out
the numberof names necessary to form the jury : and
during the remainder of the trial the same formal-
ities shall be observed as arc prescribed in the trial
Criminal Plcnario.
Of affeals to the Superior Court.
SECTION. 7. Art. 109. the parties being sat
isfied with the decision of the court, it shall be car-
ried into execution; or otherwise cither of them
may, within eight d.iys, petition for au appeal to
the superior court.
Art. 1 10. The party who considers himself ag-
greived, and may wish to interpose this remedy,
shall swear that he docs not intend it for the pur-
pose of delay, but that he believes justice has not
been done, according to the law in his favor, and he
shall present his petition within the time specified,
in which, he shall set forth the reasons upon which
it is founded
Art. 111. The petition shall be admitted by the
judge, who shall give a copy thereof to the other
party, who shall contest tn: same wiinin uirce
days counting from that on which the petition was
presented, and these shall be remitted to the secre-
tary of the respective judicial district.
' Art. 112. The, secretary shall keep a book,in
which he shall takdan account of all the civil cases
thus transmitted, expressing the names of the liti-
gants, the matter of controversy, and the day en
w.hich he received the documents.
Art. 113. The superior court having opened its
session in the respective district, and the criminal
cases, which.have the prefeienco. being despatch-
ed, the court shall proceed to heir and determine
the civil cases, first hearing the verbal pleadings if
any are to do mauc.
. Art. 114. The superior court shall be guided in
its determinations by the provision of this Jaw con-
cerning the appeal of Nullity, from tu. 81st to the
bid art. inclusive.
Art. 115. The cause being returnt u, the judge
shall be remitted a certified opy of the record, the
original being returned to the respective judge for
the execution of the sentence, according to the pre-
ceding article.
Of EXECUTION AND OF THE THHF. EXECUTIVE.
SECTION 8. Art. 117. The officer to whom
a wrif of execution may "dp committed in criminal
cases, shall covcrn himself with tho most scrupu
lous exactness according to the directions of tha
The squadron of the United Sbrts in the Gulf of Mex.co has
recently been dispatched to Vera Cr iz under sealed orders. It
is not? commanded by commbdorc Cassin.
of having attempted in vain a reconciliation with precept, in which the judges shali take care to dc
the opposit party; and without this requisite his dc- sign ate clearly all the circumstances which are to
mand shall not be admitted. ' be observed.
of tbe law concerning this appeal in the tnal
Civil Plcnaria, shall be observed. The dertermina.
tion of the judge in the case mentioned in the pre-
ceding article shall notwithstanding be carried in-
to effect.
Art. 127. Before the day of sale, the property
executed shall be appraised by two persons ac
quainted with the value of such property, each par-
ty choosinir ouc. If the debtor refuse to use this
privilege, the judge shall appoint the appraiser an d
shall also appoint a third, to decide in case of a di
vision.
Art. 128. On the day of sale the property shall
be cried, and sold to the Inchest bidder, but at a
price not less than two thirds of its appraised val-
uc, and tnc juuge snan give to mc purciuisei a. uiu
of iudicial sale.
Art. laa. In case there snouia ue no oiaaers, ir
two thirds of the appraised value be not otterea,
the creditor may receive the property, in payment
of his debt, with the deduction mentioned, and the
judge shall give him the corresponding instrument
of writing.
Art. 131). Any other creditor may oppose xne
payment on account of being preferred to the plain-
tin; and where tnerc are tnrce or more ureunuis,
havinir demands against the same debtor, and there
be not property sufficient to satisfy the whole, shere
I shall be called a Concurso.
Art. 131. This trial is had between the debtor,
and his creditors, all being plaintiffs and defen-
dants at the same time; and these preliminary pro
ceedings shall be concluded by two instruments of
writing by each ol the parties, ana tne xnai snail
proceed and be concluded according to all the
forms established by this law, for the trial Civil
Plcnario until the judgment, which in this case shall
be called the sentence of Gradvation, because in
it the order shall be designated in which all the
creditors who may have proved their right shall be
paid.
Art. 132. From this sentence, cither of the par-
ties may appeal to the superior court, the disposi
tions of the law in such cases being strictly-ob
served.
General Provisions.
Art. 133. That the superior judge may he re-
spected and obeyed in Ihe discharge of his several
duties, he may impose fines, not exceeding two hun-
dred dollars, or imprisonment not exceeding thirty
days; being always responsible for the abuse of this
power.
Art, 134. In the case of the appeal of nullity,
should it be necessary to transmit to tlje supreme
rnnrt a record that may be written in English the
judge shall appoint a translator, who si mil translate
it into SpaniSll, ana tne appellant snail pay me tusi
of translation.
Art. 135. The dress of etiquette of the superior
"- -" - . . . i --.
judge shall be black, or dark blur;, and a white
sash With gold tasscis auu mis ureas suu.il ue uoeu
nn all solemn occasions.
Art 136. When the judge, com missary, sheriff,
or constable act unjustly, illegally, or arbitrarily,
in the administration of justice the party aggrieved
may have recourse to the superior judge, who after
tnkin? the information Sumaria of the fact, shall
despatch the necessary order for the correction of
the onence.
Art. 137. AH the municipalities shall contribute,
according to the number of their inhabitants, to
the construction oi a jan, in me capital oi tne ais-
trict to which they belong, anid in the mean time,
for the securing of offenders, s ill fines and other pe-
cuniary penalties, which, may be imposed accord-
ing to this law shall be appli cd to that object
Art. 138. The superior ji'idgc shall give account
every month to the government of the state of the
administration of justice in his circuit, as also effects
which this law may produce and the difficulties or
doubts which may offer themselves, in its execution,
in order that be may recommend to the legislature
the proper remedy.
Art. 139. The salaries established by thfe law
shall be paid, the first year, with vacant lands situ-
Thewarin Florida Is still unsettled. It has already cost the "
govcrnmont several millions-of dullart, and another million is-
now required for iU further proecation . When the difficulty
will be brought to a Coan is somewhat doubtful probably nt '
so long as congress conti'iues Its libsral appropriations. That
a handful of saviges, alnuit deititute of ammunition and snb-'-sistence
should be able to bid detinue? to a government of such'-
unlimitcd power and resources, may appear tosome,alittle sur-
prising; but that surprise is quickly banished by the reflection, .
that, whilst the Indians, stimulated by the strongest feelings,
are struggling witbtho spirit of vengeance arr- desperation, the .
other party withontpnsaoas to gratify orglory to gaiaare on-
ly operating stcimis'mi arltm. mot scientifically .without ener-
gy, .and with no desire beyond the daily (pad pro quo. Such is
the difference between a people who war "or redres3of wrongs, ,
and a mechanical soldiery th it fi.'iit for p ty . The success with
which the Indian have baffleil their enemy, is cal iulatad to
have a bad effect upon our own country, by inspiring the sava--
ges with military confidence and disposing them to border dep
rsdations. Texas my yet bare to contend with the very Semi- -noles
who are now strugjliiirs j obntinately in Florida. Whri .
they shall be conquered anil driven fimlly to th west, they will
carry with them all the rmlice and hatred which this fesblc and
protracted war has enkindled ;.and the contempt which they
must necearily feel fo. the boasted superiority of American
arras, being imparted to the -vanonsytribes on our frontier, w
have a tendency to tempt them to difficulties -filch -otherwise
their fears and prudence might avoid .
The value of the promissory notes of Te'ias is rapidly advan-i-cicg
in Netv Orleans. The-disconnt on this money was fifty;
per cent, a week or two since, but the Tcturn of he Mexican ,
Minister, and the more gener.il diffusion of a correct know-
ledge of Us character have combined to inspire confidence, and J
consequently to elevate its standard of credit.
The Mexican minister near the government of the-fJnifedi
States, was in New Orleans on the 1st iust, and intended leav
ing immediately for Mexico, lie appeared to be exceedingly
exasperated againt the government of the United States, and'
declared that the intercourse between th two countries mnst
soon cease.
From thcN. O. Commercial Jlerahl, ofFcb.S, 1838.
FROM CANADA.
Our last dates from the frontier bring i is reports and
rumors of all kinds, and 'thrqugh a multitude? afchannclr. .
Gov. Head has informed tbe assembly that Sir George
Arthur may be expected soon. to enter upon' tbe duties ut "
his new office of it. Governor, made neccasarv bv the
present incumbent's resignation;
Two hundred men have heen dratted m .uetroii, by or
der of the governor, to aid the United Sttc3 in maintain
ing the laws.
The patriots on lake oimcoc have nsonsiczcd on the
N. W. Fur Company's arsenal, and arc marching towards
yoronto.
Five companies of the 32d had arrived at Toronto
three more expected.
Thirteen ships of war, with K,000 troops, had sailed
from difTerentBritish ports for JZiiifaT.
FrornMonroe, Michigan, there is-a, report that a num-.
ber of troops embarked on the 7 th,. under Col Dodge, in a
schooner, for Gibraltar, were, they were next day joined
by Col Sutherland, with scows, boats, &c., having .250
stand of arms, three field pieces, a large stock of provis-
ions, &c, the most of which was put on board the schoon-
er for Bois Blanc, a British Island opposite Maiden.. The
schooner, with thirty mon, get separated iromthe fleet,,
when they were fired on from, the shore, but they "return-
ed it, killing 60 of the enemy. On the evening of the
9th, the schonner got on shore in a squall, when the loy-
alists fired into her, killed 14 mcD, and took the vessel. -Cols.
Dodge and Sutherland both wounded.
The arms forcibly taken from Michigan by the patriots,,
have been returned on demand of the governor. ;
Tht Detroit Post says the patriots have takenBois-,
Blanc, and are 500 strong. They have cannon, muskets
lor auov, and abundance or powder, snot, nans, provisions,
&c. They are daily increasing in numbers. 5
The steamboat United States was to leave Buffalo for,
Detroit, with Dart of the Navv island force: and Gon-
Scott hnd notified that he should fire upon the boalyifthey
attempted the enterprise. "
Tha cannon belonirinir ta New York, which were re
covered from the individuals taking them, weno again ob
tained from Col. Ransom by fraud. An ordur signed Dy
Gen. Scott was handed to Col.' Ransom, requiring him to
send on to head quarters the cannon that bid been stop-
ped. The Colonel.doubtcd the genuincnevs of theorder,
but a citizen of that county testified that fan wasaequaint-
cd with the hand writing, and that it was Gen. Scott s,
Uponthis the cannon were given up. After investigation
it appeared that the whole was a forgery, and contrivance
to get the possession. t
The Mexican briir of narLibert'tda, and the Britith-
ated within the judicial circuit, and at the rate of barque Cervantes wore lost orT"Vxrr.j Cruz, about the 1st.
one hundred dollars for each Sitio. . inst. A. O. Pic.
9
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Cruger & Moore. Telegraph and Texas Register (Houston, Tex.), Vol. 3, No. 9, Ed. 1, Saturday, February 10, 1838, newspaper, February 10, 1838; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth47973/m1/2/: accessed July 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.