Texas National Register. (Washington, Tex.), Vol. 1, No. 33, Ed. 1, Thursday, July 24, 1845 Page: 7 of 8
eight pages : illus. ; page 13 x 18 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
kV"-'
wrv
5'
'-St-wV-1 ii-4.T'J'?vVM
'j-.
n
JSf
vy j - . '
Itly i
I! &&&$ 1? JgE I.OJJ A I mBI S3U$Bl 4"
Vivi
r--r ?
not be compelled to do so but shall pay an
equivalent for personal service.
19th Perpetuitifes of monopolies are
contrary to1 the genius of a free govern-
ment and shall never be allowed ; nor
shall the law of primogeniture or entailments-
ever be in force in this State
v 20th. The citizens shall- have the right
in a peaceable manner to assemble togeth-
er for their common good; and to npply tc
those invested with the powers of govern-
ment for redress ot grievances or other
proper purposes by petition address or
remonstrance.
2 1 st. No power of suspending laws in1
this State shall" be exercised except by
the General Assembly or its authority.
22nd. To guard against transgressions
of the high powers herein delegated we
declare that every thing in this "Bill of
Rights" is excepted out of the general pow-
ers of government and shall forever re-
main inviolate; and all laws contrary there
to or to the following provisions shall be
void.
Mr. RJayfield presented the following reso-
lution to the consideration of the Conven-
tion :
Resolved That the committee on Educa-
tion be instructed to inquire into the expedien-
cy of setting apart a given portion of the an-
nual revenue forever tor the support of com-
mon schools and. educational purposes and
'that they report the result of their delibera-
tions to the Convention.
Adopted.
The President announced a communication
from the Hon. C. A. Wicliliffe which was read
as follows :
Austin 1 0th July 1845.
Sir I have this moment received your fa-
vor enclosing to me a copy of the resolution
of the Convention of Texas now in session
tendering to me as one of President Tyler's
cabinet the expression of the approbation of
the Convention therein of the course pursued
by me upon the subject of annexation.
The question of the annexation of Texas
to the United States was by me and I may
be permitted to say by those with whom it
was my good fortune to be associated well
considered both in reference to Texas and the
United States. Tlie interests of both nations
demanded the Union and the Union will pro-
tect and perpetuate the interests of both. It
was a question which involved the cause of
free government in this hemisphere.
How could I the advocate of free institu-
tions and of the right of the people to govern
themselves better serve that cause in my re-
cent official station than to advocate the an-
nexation of Texas to the United States upon
terms honorable to both nations and thereby
extend over her citizens the protecting and
conservative principles of our Federal Con-
stitution which their fathers aided to esta-
blish? I viewed the question as purely American
with which the powers of Europe h;.d no
right to meddle and 1 am proud to believe it
has been so considered by the people of
Texas. I congratulate you sir and the peo-
ple of the two countries on the consummation
of this great question and render to the Con-
vention my thanks for the favorable expres-
sion of their opinion of my official conduct.
The destiny of Texas as a member of our
confederacy is in the hands of the Conven-
tion now assembled to form for the people a
Constitution. 1 will not permit myself to
doubt that the representatives of a people
whose bravery and love of Iibert7 have
achieved so much for themselves will fail to
provide for their country an organic law
which shall secure to them and their posterity
the blessings of civ if and religious liberty.
v For the kind manner in which you have
been pleased to communicate the resolution
and the senntiments personal to myself I pray
m
.?
36
jou to accept my profound acknowledgment. ( now mider discussion.
port to this -Convention i tie ;.result of their
deliberations cv
Adopted.. ;i
This same land subject will be a vexed
question unless the utmost" prudence and circumspect-ion
characterizes life course of the
Convention. Many of the delegates come
pledged to bring forward and vote for a clause
in the Constitution which wilt consign the
eleven league and other large land claims to
"the tomb of the CapuletsM and place them
entirely beyond the reach of law or anything
else that could bring them before an earthly
tribunal.- Others are unwilling to interfere in
any manner whatever- with- the rights of individuals-and
deny '.he delegation of .hc power
to the Convention to divest individuals of any
previously acquired right.
Mr. Darnell offered a resolution instructing
the Committee on General Provisions to in-
quire into the expediency of providing by-
laws at the earliest day practicable; that all
or one-half of the properly belonging to the
wife by deed gift bequest or inheritance at
the lime of her mariiage shall remain the
property of ilie wife and that one-half of the
property of the husband at the time of mar-
riage shall vest in the wife; us also on e hull'
of the property that shall be acquired after
marriage-after the payment of all just debts
shall likewise vest in the wife.
Adopted. 9 -
This would be placing the "lordsof crea-
tion" pretty much under petticoat govern-
ment giving the keys of Plutus into the hands
of Venus; and depositing our hearts and our
treasures together both to be guarded bv the
witching smile of beauty. Let us not look
too inquiringly upon the picture thus present-
ed to the mind's eye or we may be greeted by
the sight of a griddle impending ahove the
bead of some unfortunate "Mr. Caudle" who
with uplifted hands and pity-imploring voice
cries "Don't Mrs. Caudle don't" and like
some patriotic soul who sits ruminating amid
the fallen columns of his country's greatness
he too will mourn for a departed sceptre und
the sweet memorv of other days whilst his
feelings of despair will find vent in the good
old tune
"My breeches oil my breeches !n
Cut badinage apart the insertion of some
clause in our Constitution in accordance with
many of the features of this resolution is
imperatively demanded by the circumstances
of the times and the liberal spirit of the age.
For although woman who was for ages tlie
humble servitor of man's caprice and the
drudge and plaything of his tyrannical plea-
sures in the progressive march of civilization
has been elevated to a position approximating
more nearly to an equality with their self-
constituted masters enough has not been
done; many of her just rights are still tram-
pled beneath the iron hoof of illiberal power
and her very existence in legal contemplation
is merged in the august person of her hus-
band. That relic of ancient barbarism
which vests in ihe husband ail the property of
the wife liable to be squandered by him inde-
pendent of her will should long since have
disappeared from the body of the common
law. Its gross injustice is so apparent and
so completely at war with the almost faultless
perfection of that unrivalled system of juris-
prudence it is matter of astonishment that it
has not grown obsolete. As it is limvpvnr
still enforced destioying by its .unjust singu
larity tlie beauty ot the otherwise symmetrical
proportions of the common law it is grati-
fying to see Texas taking an early and pro-
minent stand in its repudiation thus provin"
to the world that the barbarous usages of war
have not so hardened our natures as to lessen
our appreciation of that sex to whose refined
influence we are indebted for most of the
flowers of happiness we find scattered along
the paths of peace; whose very helplessness
extracts from us an homage power could not
force and wealth cannot purchase.
1 lie Convention have ihe liill of Rights
T1
Htf"
"
general -MipetihteAdahciMmrolover
the District Courts and shall hold its ses-
sions once in every- yeafyiietween the
months of October and June inclusive. at
not more than three places in "the State.
Sec. 4. The Supreme Court shall ap-
point its own Clerks who shall hold their
offices for four years and be subject to re-
moval by the said Court for neglect of duty
misdemeanor in officeand such other caus-
es as may be prescribed by law.
Sec. 5. The Governor shall nominate
and by and with the advice and consent
of two-thirds of the Senate shall appoint
the Judges of the Supreme and Districts
Courts.
Sec. 6. The Judges of the Supreme
Court first appointed under this Cohstitu
tion shall hold their offices for four years :
and all vacancies that may occur during-
that period shall be filled for the remainder
of the term only. The Judges of the Dis-
trict Courts appointed immediately alter
the expiration of said term and 'to fill all
subsequent vacancies shall hold their offi-
ces fpr six years. ' ' ' . 1W H
Sec. 8. The State shall be divided into
conveninnt Judicial districts (and each dist-
rict shall not contain more than .seven
counties.) For each District there shall
be appointed a Judge who shall reside in
the same and hold the courts at one place
in each county and at least twice in each
year in such manner as may be prescribed
by law.
Sec. 9. The Judges of the Supreme
Court shall receive a salary not less than
dollars annually and the. Judges
of the District Courts a salary not less than
doljars annually and the salaries of
the Judges shall not b diminished during
their continuance in office.
Sec. 10. AH Judges of the Supreme
and District Courts shall by virtue of their
offices be conservators of the peace
throughout the State. The style of all
writs and process shall be "The State of
Texas;" all prosecutions shall be carried
on in the name and by the authority of the
State of Texas and conclude "against the
peace and dignity of the same."
Sec. 11. The District Courts shall have
original jurisdiction in all criminal cases
and in civil cases when the matter in con-
troversy amounts to one hundred dollars;
and the said courts and judges thereof shall
have power to issue all remedial and origi-
nal writs that may be necessary to give
them a general superintendance and con-
trol over inferior jurisdictions.
Sec. 12. The Governor shall nominate
and by and with advice and consent of two-
thirds of the Senate appoint an Attorney
General who shall hold his office for
years aud a District Attorney for each dis-
trict who shall hold their offices for two
years and the duties salaries and perqui
sites of the Attorney General and District
Attorney shall be prescribed by law.
Sec. 13. There shall be appointed for
each county a convenient number of Justi-
ces of the Peace one sheriff one coroner
and a sufficient number of constables who
shall hold their offices for two years to be
elected by the qualified voters of the district
or county as the legislature may direct;
Justice of the Peace sheriff and coroner
shall be commissioned by the Governor.
sec. J 4. io juoge snan sit in a case
W
.
I-
FROM ENGLAND.
i'itX
I am whh great respect
Your fellow citizen
C. A. WICKL1FFE.
Mr. Parker introduced a resolution requi-
ring the committee on the Judiciary to take
into consideration-the propriety of incorpora-
ting a provision in our Stute Constitution
securing to the State the right of adjudicating
the land titles of the same or in other words
to deny or take away the right of appeal to
the Supreme Court of the United States in
.any land case originating in or belonging to
lhui S?te f Texas' II was -aid upw the
table for one day when it came tin. n rmr
but spirited debate ensued between Messrs
Parker and Henderson the farmer for the
latter against the resolution.
Mr. Moore submitted a substitute
Resolved That the committee on the Judi-
ciary be and are hereby instructta' to take
into consideration how far the title to lands
owned by the citizens of Texas wi!J be effect-
ed by aa adjadieaton of their rights in the
Federal Coeru f the United States and rs.
FORD.
REPORT
Of the Committee on ihe Judiciary.
Hon. John Hemphill chairman of the
committee on the Judiciary made the fol-
lowing report:
Sec. 1. The Judicial power of this
State shall be vested in one Supreme Court
in District Courts and in such inferior
courts as the Legislature may from time
to time ordain and establish and such ju
risdiction may ne vested in corporation
courts as may be deemed necessary and be
directed by law.
Sec. 2. The Supreme Court shall con
sist ot a Chief Justice and two associates
any two of whom shall form a quorum.
Sec. 3. The Supreme Court shall have
appellate jurisdiction only wnich shall be
coextensive with the limits of the State
and the Sopreme Court and judges thereof
Buau nave jwww iu issue writs oi injunc-
No Judge
wherein he may be interested or where
either of the parties may be connected with
him by affinity or consanguinity within
such degree as may be prescribed by law
or where he shall have been of counsel in
the cause. When all or any of the Su-
preme Court shall be thus disqualified the
Court shall certity the same to the Govern-
or of the State who shall immediately
commission the requisite number of per
sons learned in the law for the trial and
determination of said case; when the Judg-
es of the District Court are thus disquali
fied the parties may. bv consent appoint
a proper person to try the said case; and
the judges of said courts may exchange
districts or hold courts for each other
when they may deem it expedient and
shall do so when directed by law. The
disqualifications oi judges of inferior tribu-
nals shall be remedied as may hereafter
be by law prescribed.
Sec. 15. Inferior tribunals shall be esta
blished in each county for appointing guar
dians granting letters testamentary and of
administration for settling the accounts of
executors administrators aud guardians and
for the transaction of business appertaining to
estates and the District Coo a shall have
original and appellate jurisdiction and general
iF'ftten Days llatcr.-rW steamship Aca
dia Capt.i Harrison arrived at Boston on
Wednesday evening the 2d inst. She sailed
from Liverpool on the 19th ult.
The intelligence from Great Britain posses-
ses no great interest for people on this side of
the Atlantic .In regard to Texas there seems
to be a cessation of excitement in England.
In the French Deputies the matter was brought
up when M. Guizot made the following inte-
resting statement:
"If Texas wished to renounce its indepen-
dence and enter the American Union nobody
had a right to interfere or oppose the wish of
the people. If the Texians on the contrary
are desirous of preserving their independence
not only have we no right to oppose their reso-
lutions but I do not hesitate to say that France
would approve their eonduct and acknowledge
that they were right. We have recognized tlie
independence or'Texasr we considered it real
and we were interested in doing so. We not
only recognized the independence of Texas
hut we have concluded with that country trea-
ties of commerce which will cease to exist the
moment it shall no longer be an independent
state. France is interested in the duration
and maintenance of independent states in Ame-
rica. There are in America three great pow-
ers England the United States and the Re-
publics of Spanish origin. France is not an
American power but she has interests in that
continent ; she must consequently desire that
independent states should continue independ-
ent that a balance should subsist between the
three great American powers and that none
of them should obtain the preponderance.
We do not mean to protest against the Annexa-
tion of Texas to the United States nor to en-
gage in a struggle to prevent that Annexation
if it is to take place. We wish to leave the
Texians at libertv to act as they please ; if
they are anxious to join the United States
let them do to ; if not they are free to remain
as they are. France can only interfere by
throwing the weight of her influence in the
scale and expressing her opinion in favor of
the alternative which appears to her most con-
ducive to her interests. She is not called up-
on to act a compromising part nor to involve
herself in future difficulties but it behoves her
to protect by the authority of her name the
independence of states and to maintain the
equilibrium of the great political powers in
America."
(tWe arc authorized to announce CoL
WM. L. CAZNEAU as a candidate for
Brigadier General of the 1st Brigade Texa
Militia.
QWfi are authorized to announce CoL
J. C. MEGGINSON as a candidate for Bri-
gadier General of the 2d Brigade Texas
Militia.
By the President of the Republic of Texas
A PROCLAMATION.
WHEREAS by the term for which the several
members composing the Representative branch of the
Ninth Congress of the Republic ofTesas were elect-
ed will expire on the 1st day of .September next
And whereas the term for which the several mem-
bers" in the Senatorial branch of the said Congress
from the District composed of the ceuniies of Liberty
Harris and Galveston ; the District composed of tha
county of San Augustine; the District composed of
the county of Bexar; the District composed of the
counties of Jasper and Jefferson were elected will
also expire on the saidveighlh day of September next;
and whereas a vacancy has occuned in the office of
Senator from the District composed of the counties of
Shelby Sabine and Harrison by the resignation of
the Hon. Daid 6'. Kaufman ;
Therefore be it known that I ANSON JONES
President of the Republic of Texas do hereby in the
name and by the authority of said Republic order
and direct that an election for Representatives to the
Tenth Congress of said Republic and for Senators
as aforesaid in the Senatorial branch of Mid Cam-
cross be held in the several counties and district
aforementioned on tne first Monday (the first day)
of September next ensuing. And it is further ordered
that the Chief Justices of the said several counties
.give legal notice of said election and have the same
conducted in all respects in accordance with the Con-
stitution and the law tegulating elections; that pro-
per certificates be given to the Representatives and
Senators elect and that due returns be madeaccord-
ingto law to the Department of Stats.
In testimony whereof I have hereunto set my hand
and caused the Great Seal of the Ke
public to be affixed.
Done at Washington the fonrtb day
of July in the year of our Lord eno
thousand eight hundred and forty-five
and of the independence of the Repsb-
lie the tenth. ANSON JONES.
By the President
Eben's. Allen
Secretary of State.
.. j j-- I vrtlKi.ro
hod. lYluuuuimiser; villO Warrants. Hahena Antrnl r..r ik- .;l .nf.W t;k..nu .-j
Corpus and such other; reme'dial and origi-1 over executori administrator luurdiiai and
nal writs as may be necessary to give it a minors
General Post Orrice
Washington July 4tb 1845.
SEALED PROPOSALS will be received at this
Office until the 4ih day of August next fur lho
Transportation of the Public JHail ftomSan Antonio
de Bexar to Laredo on the Rio Grande in the coan-
tv of Bexar and from Corpus Christi to-Point Isabel.
(Punta IsokcU) n sn Patricio county the mail
to be carried once every week from these points th
hours of arrival and departure to be regulated at th
T 4 ffn si t s) tPsTW I SB 9
auct. ta at
JK? A
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Texas National Register. (Washington, Tex.), Vol. 1, No. 33, Ed. 1, Thursday, July 24, 1845, newspaper, July 24, 1845; Washington, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80127/m1/7/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.