The Texas Countryman. (Bellville, Tex.), Vol. 6, No. 3, Ed. 1 Friday, January 26, 1866 Page: 3 of 4
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Prwhimriloa oy tsa Governor.
Ex^trifai On-'^v, \
Citv oí' Atuáli, Scpí?f 5, 1853. ^
WJIEKEA'S. the exhausted conui-
lion ct the'Treasulry, oí tho' State
makes it uecessary to pro wed to
the collection of.Taxes, ¿it the ear-
liest clfiy possible, in order to meet
tho current expenses of the present
provisional Government, and also
to defray.,tho expenses of a Con-
vention, wheu tho same t hall as-
semble : Therefore, I, Andbrw J.
IIAmtj.to.\, by virtue ct' tho au-
thority vtb'-tHl in m%j us í'rovjsiónu
Governor of'the Sl«ifu of Texas,
do 'order and proclaim as. follows;
lit. The Ass.osab'ts aiid Collectors
oí the respective counties m the ¡átate,
shall, between the tenth day of Sep-
tember and tin: fir&tday of-December
of*ho present year, A.D. Í865, pro
cwil to assess a direct ad valuroii
tax oil twelve and a half..«unta upon
e cii hundred dolíais va hie of própi-
ty, real and personal, except such
property as may bo exempt from
taxation by the laws. in totee oritur.to
the second day of March, A. D., IStil
2d, Tíui Assessors and Collector
sha}! olfa \yithiu tho time mentioned
iu lliO' foregoing section, assess a po
tax of One dollar fur each malo per
sou of the ago of twenty oue year*?,
and upwards, resident in, their res
pective counties ; freedmeti, ic}iots
and persons non cwifpos tnintin ex
cépted.
yd. Tho Assessors and Collector
shall also assess and collect within
tlie time mentioned in tho first sec
tion oí this prpplaiiialioti, license aw'
occupation taxes, fur the current year
1605, from all persons subject there-
to by i lio* laws in, force prior to the
second'day of March,. A. I). 1SG1 ;
and i,n ail things respecting these
taxes, the said Assessors and Collect
ors will be governed bv'the said laws.
4th. The list of taxable property
which the tax-pay.-r is required to
furnish to the Assessor, shall contain
a description oí all taxable property
held by ihe party in his or hev own
ri¿hf, or as guardian, executor, ad-
numerator, agent or attorney, on ilie
1st day of «July of the present year,
A..I). ÍOü«); and.tfte said list shitil
b¡i ve.-ii'ed by the oath of the person
returning ihe same.
«3r!i. '1 he assesstnent rills required
to be auulb "out, by \he laws in force
prior io the second day'of March, A.
13Ü1, shall be made out and re-
timied to the ofíice of the Clerk of
County Court in each Comity, and
to vile oil)co of the Comptroller of
I'uulic Accounts, in this city, on or
liefore the 1st day of January, A. D.,
iSoti.
Gth. Each person owning or claim-
ing property situated in any other
couo,y than thai'iu which he or she
resides, mav render the same for as-
■ %t >
sessment to the Assessor and Collect-
or of ihe County wher. he or she
n-sides; and the value of property
situated in a'iiy other county than
that in which the assessment is, made,
shall be determined iu tile-same man-
ner as if the proper'y were situated
iu the county where ihe assessment
•J
is.made.
7th. The Assessors and Collectors
will collect the direct ad ádor'em tax
between the 1st dav ot December, A.
v
D., lo33, 'irid ihe 1st day of l'ebuui-
ry, A. jD., IbGo ; and for ail' of said
tux remaining unpaid on the 1st day
<jt February, A. !>., jyüO, they ¿hoi
proceed immediately thereafter, to
luvy upon and sell property, in accord-
ance with ihe laws in ibrcu prior to
the second day of March, A. iJ. 1861.
Sill. The taxes .shall be paid ill
sp.-cie, or iu the Treasury A otes oi
ihe United States'; and the Assessors
and Collectors shall specify, Hi their
returns, the kind of currency,in which
the tax was paid; and they símil
pay-into the Treasury the same des-
cribió of currency as '.hey received.
Drii. Upon all property situated in
the county wlwro the assessment is
made, such county tax will bo assess-
ed and collected as lias been, or may
be, ordered by the County Court of
the County ; and upon all property
situated in other counties than that
in which the assessment is made,
there shall )jh aseessod and collected
a County tax equal to one half oft he
State te.x. 1
10ch. la making up their assess-
ment lolls, and in per/oriaing all the
duties of their oiticcs, the Assessors
and Collectors will r.so the forins
which were in use by their predecís-
k W'K ' i
«te 'if*
fe
'i- , ^-X" ' •*
m
sore prior to the second day of March.
A.D;lyM; '
lltli. IVoper'v shall not in any
cuse, be asses^d at .a reduction of
inore thau tbir y-thre.e and oue ti^ivd
k'-'r Ceiituui upou jlw assessed value'
of the srtiae description' of property
in* the yéar AVD., I860 ; and in ev-
(jry case thepivseut value6t the prop-
-rtv to be assessed, shall bo ascer-
tained as nearly as practicable..
ÍStli, In the discharge of ají the
duiits appertaining to their olSee?,'
ihe Assessors and Colleuiors will be
govenu.'d by t,he lwV<i in pjrioi*
to thu Second day , of IVLirc^,, ^. 1).^
ISdl, except so far its thy'?e.Iaw$ 'aye
modified by the directions of thtó
proclamation, of may hereafter be
modified by instructions from me, cr
from the Comptroller of Public Ac-
counts, when there shall be one.
Finally, to prevent 111v* possibility
of litis proclá'fuattón being rnisutider-
stood by any'-one, Í thiuk proper to
declare that, those persons who .were,
formerly in a stnte of slavery, being;
no longer property, will not bo treijt-
,ed as sit eh ; and no distinction wií'
be tnnde between specie and th«
Treasury Notes of the (juited States
A. J. HAMILTON,
Punvisioual tí over nor of" TexaU
H. Bkll, Secretary of 6ta.te
l'roclriíiatioalsy ilic Governor.
Exk"uvivü Ornen,
Civy uf Au^iiu, 'Sept., «, ÍSS5.
WHEREAS, •ihe most deliberat" re
dectiou has convinced me that to
open tbn Courts of the country, a
the mesen Mime, for ihe'genera
collision of debts, wi/1 be {jfieátív
, • del Vi rae vi tal to til.
whereas,' various acts
. - .-«
in reference to
prbjá-rfy levied bui^y vi
writ of attachment or seqiu
but the district. Courts she
ceeiLto %i judgment . in ,t ^
debt,, uutil,fhis portion of this uj
¡nation ¿hsrll lié' revoki'*4. '
3d. All acts whidi
e4 by any assembly
tjiidtc
tricts iu the State, iu relation to thb
'orm of Utetvie/s, will, upon vausidér-
v'iU'y. .íwdí e.otv> ;ni-
S-iiqe, be yespected and opeyed by, the,
Distnct'Courts'. ' /'■ (
4&Ú Uprto the orgauizAtibii of tlie
District Courts iu> the respective
Cqunties, u^l píípsons. who olaiju
]>ivOpl
am
i «ve been
passed since, the second day o
March. A. D. 18(31, by assemblh
of persons claiming to exercise le
gisiative powers in this State, in
reference to the. time., of holding
Courts in the several «Judicial I)ia
;tricts of the State, and also chaug
inglhefóhn oi som't^• of the' Dis-
tricts; which said acts may be
productive of co-jfation and in eg-
ulari.v in the iiCtion.of rhe Courts,
li'.tiess some geuepal r'de be pre-
. i' is tiec'es-
i'Ci'ibed : And vrireivas
s"iiT to?nre«iiriin' sr.ru<*
eCilóg
An
or.su
Hj^tuiitions
es aóiu Counsel-
,i'e f
iors .it LiW wtia at;Ve turetoton,
i . • i ■
becu license*! to , it
f,
the
'Courts of ihe Stai:
nt
to deiim-
t'beiv (liiti) h n::d- diyit'l.i.ieS : 'Ami
whereas, the foriiM* laws of tlié
State for the puuishnii'ttt 'otVtffcncfcs-
coVnn.itied by slavt s find fr<-e }x<r-
sous of color are uo longer apoli-
cable to t e '.'hanged condition of
all persons of ertlor in the country;
ari'M it h necessary, in ihe absence
of State Legisiation on 4his su^jeet,
to define for the jjuutanftn of the
Corneé oí' :Ie-> Stale, in the admins
ictrati'/ii of the criminal law, thr
rights which persons of color, being
: free, are eUtiiled to imvé aceo'rdéel
, tO'theni:: •Tho1vtortv.I, A.\l>RB'.v J.
1 Hamilton, by virtue óf ilie1 power
vested in iiw as JVovt^onal Gov-
ernor of the State-of'Tex'as have,
'determined.-and ' do «irdth.* arid pro-
claim as tolh'ws: ' ' . '
Ist. The severlil District Courts-Of
tire State, will proceed, itpon their or-
-'•ani^u ion wi;h the tri of all crin.i-
n ,
nal rcoulbriiiiiv will) cxht-
of thij
as peisons oi
eq'uiWd by tííe' presiding*
uke the oitth of pr
n the Pyo^atnaticsi of the Paéai&ent
bf the UÚÚed of the. $^tjh ol
'May, A D„ 18G5;', ihii oath éhaíj be
4aken in ope*! Court • and it shiill be
¡the duty of the presiding iludgel to
examine all Attor^ys and Counsel
lora* und er oat h, tty ascertain tvh\jfher
or not they are witjiin any cf the e*
captions to the general amnesty o;
feivd by the FWóident of tbe Cnitec
States ; hud if any one sihaU^ appear
to be within any onn of the said esl-
ceptious, (and this point the Judge
shall summarily decide) he sjiaíl no
be permitted io practice as an Attor
ney or Counsellor of „Jthe' Courts uñti
he sha 11 have received pardon from
the President of the United States
It'any one heretvfore. licensed to prac
tice as an Attorney shall appeal' not
• o be within any oftfhe exceptions to
the general aninesi v, and ^shall take
(he oath of amnesty in opiin Court
he shall be entitled to practico as a*,
•Aitbrney aiid Counsellor iu -all the
Courts in whrcíi his former license
entitled him to appear.; and tho facts
.-hall be entered on- the minutes o
the Court under the direction of the
presiding Judgé, and the Clerk of the
Court shall give to th¿. party a cer
tiiicate under the seal: of the C( ur
"iliat lie is permitted to practice jas an
Attorney and Counsellor in the Copt
bt the State according to the, terjins
pi his former license; which perlifi
cate shall einitle the party rtiwiVing
'u do appear do tlie ,Courts té the
fit.ite without further exaniinatíon or
quest ion
: fftli'. All persons of coíor must i)
p u t u nou air eq ua 1 i ty with w bite iWn
in respect to the punishment of crime
and when they, are tried by virtue ot
indictments heretofore preaynted, ant
are found guilty,, the judgment of th<-
Court must be the same as Vf the de
feudant were a white person.
'bib. The. Justices of the Piimee
throughout the State v/ilF pcoceed to
hear and cletermine all maters \yithin
..heir jurisdiction, and to render final
judgment abd award executiori 'in
lioMt'oiipity;with..ealstirta laws. ■-
A. J. ÍÍAMILTON,
Provisional Governor of ,ífl!exáfe.
jA.Vit-:s Hi'Deut; Secretary óf Státe.'
of the dU
m
mwt
elupim the thirtieth
"to thü üstál
pySs
or the proper litense fixim tha first }Qg t
lay of th« month iu "which, the dte* fied
^t is,^st^i$he¿!.
uíÁ 4riwbnÍAÍ,«iáiU¿.
.Pen
required1 to bh iinüd'ó
assessed for the jáonth or quartet for
which retuve shoyld be íúade at tl
urn day, after the esiablwl
A tAaúbfactutter of tobacco, "for iu
stance, iu' a di#tri(jt estabtílphed after
the Tvrat jpd ,h«fore t|t# twyutieth diry
oí Jtayí wiU be assessed upou his
sdjes fo¥ thev tiionth of iá¡.prií..
When' any manufactured articles
are found in the hands of a purchas
iv sola ana pa
harids bf th^ mbrnfactui-er befíírethW
oommencement of the period for which
ílxo-is* ,prope.i;ly' fnxable, the . Article^
date, transmitía d
'
ten goods arrive in any
em port ¿under' rttfe' ttratispo
¡bflwl , or undef a permit «uu
tbe.GoUector pf Customs, trod«r4he
regulations of May 0,18% they will
be received into the proper Warehouse,
established under the Ihtemal Rev.
ejiue laws in ihe district intb ^vhfeh
^ods are brought# iyid the-c
certificates will be issued for
collation of tlie bond, in '
¡1:':' ... • - M
I
r*.
\ *• <v, .
f". ';%■<* Ü..-.V 5
■¡■1
m -
fmm
p &
iiápiil«
,WKv > . «Í
-V* :
lif-.J, <&• '•
ing laws, mm
the jirovisious
PrOtdum;ition f^o far
color are concerned.
2¡J. Suits for the detei'riain.'ttion of
rights of every kind, im-luding suit's
for the collection of debts, may be
instilu't-"d, p;o\ided il.e parties iusti-
tntiug them tishall comply with the
laws of the State and oi' she Uuitod
Slates respecting the institution of
sftits, and the i.-su ince of jirocess';.
and iu all suits' -involving, ilie title of
land, and for the trial cf ihe right of
property heretofore levied on by vir-
tue of any writ of execution, seques-
tration, or attaclimynt, and for inju-
ries to the person, Mcluding actions
for false imprisnnmefit and for slander,
and in actions for tlie recovery oí
damages tor trespass upon property,
ail Courts having jurisdiction, may
proceed to find judgment and ( execu-
tion : and in all actioné of di-bt where
the plaintiff ¿ball.he eníiíled, ur.dér
existing laws, to the writ of injunc-
tion, sequestration, or attachment, it
shall be the duty of tl.t; Courts hav-
ing jurisdiction/to i$Mie such writs,
and to make any order that may bu
access ry and in ccnxojpiiiiiy with law,
COLLECTS T&XlBS I3Í S3VB.TfeS
LATEL? m zar&üaKacTK>arv
TniSASURY Diíp't, June 21, lésfl.
tít'cúoa 46 of the Internal llevo-
Viue Act, approved June 30th, 1SÜ4,
pi«ovid''S that wlienever the authority
oí the United StHt.e's K-hail have been
re-established in any'So^te where the
exec ution oi;' tiie laws*had pr^vioiioly
been impossible, the provisions of tlie
act shall be put in force in such Stutj,
with feueh modification of inapplica-
ble regulations iu regard to assess-
ment levy time and manner of collec-
tion, as may be directed by the de-
partment. •
Without waiving in any degree the
fights ox government in respect to,
taxes tLat have heretofore''"acctuedJ
or assunri
er from his Jegal responsibility
such taxes, the department does pot
deem it advisable to insist at present
lipon their payment, so icr as they
were pnyáble prior to the establish-
ment of a collection district, embra-
cing the territory in which the tax
payer resides.
13ut Assessors itt the several col-
lection districts recently istnblisbt'd
in the States lately in insmrectioh ¡we
diiected to require return*, and to
make apsessmeni for several classes
bey
iu insurrection.
.The holder of any distilled spirits,)
manufactured tobacco, cr¡ other ar
tide wliich is liable tqt seizure on
account1 of the absence of inspection
marks,' róay pietebnt to tlie AsaeSáor
the evidence that tue articles in- his
hands,.,-,or undwr ciiícumst^iceí which
obtain ip the. particular ci^e, are «ot,
subject to tax,'except as above sta-
¡ted j a«4 if the Assessor is satisfied,
he wiibcause the package's to b feo
marled that'-they may be identified
and sold, w^hout liability to seizt\re.
Whenever any collector shrfll have
reason to believe that the holder of
any gó'bds on ^fiicl^ the tax has not
been paid inténds to remove tbe ssmio
beyoud the limits of the States late-
ly iU insurrection, and to evade the
payment of the.tax, lie will seize tlie
£oods and take the necessat^f steps
for rheir condemnation, unless the
bolder shinl give boi^d, as liereiaafter
prescribed ..for ,|tbe transpprta^ipu or
exportation of ilie goods, or shall re-
turn the same to the Assessor and
pity to ttb.fi Collector tlie ainóunt of the
tax ti)at shall' be found díte. Iu all
Case? in \vhich a seizure shali^be made
upder tliesc instrui^iqus, the Depart-
ment, on being ' informed of such
¿eizUre, Will* consider the case, and
Sxtend such measure of relief us tlHr
the facts will justify.
Iu tlie S tate^ of V irgiuia, Tenp,e«;
áeeí Louieiati^, collection districts
were some timé si rice established,
with such boundaries as to fticlude
territory; in which it has but recently
become possible to enforce, the liiwaj
oftlm ÜnUied States. Iu tho^e dis-
tricts, tljio rule laid down above wijl
be so modilied as to require the as-
siossment iftVd coiiettion of tho first
taxes which became due after es-
taUishmeut of assessfrtSnft divisions
in the particular locality.
Whenever assessments are (o be
ipade, llased upoii transacfiohs which
" "vi. I die-
lUflUneras if the jcoods
sd
sou who
ed for a lfoepf|e fs found to
have paid a license tax to, a special
agentfil^pmntikí"i|i||péV the i
tions oftheTi-pasiny Departm
eomtnerdid intercoiwaeÁvithKi¡
amy. diatrlals; thé^OoUéctor will iaetfO
a license for the year ¡'ending May 1,
18G6, and will .collect only.;
aá TOrty bet due fojrtbe time
ing Hfteir tne expiration of f]
issued the special -agent. ' «
The amount assesaed and tlius ltft
uncollected, .will bo. abated when tit*
propei: cliiim V presented toM>o Oomr
missioilfer of Internal Revenue.
H. Mcculloch,
oil®
Br.íff¡
É
iw
e
Ml
Secrefttry
A (SÍAfcOüÍTjlt .y+
CJnited
information v.diicli be Can obtain as
to the average value of su«h depre-
ciated currency for the period cover-
ed .by t^Jie assessment. ' , *
The duties upon cotton and spirits
of turpentine are* Ijy special pro vis
ion of the statute, made payable by.
ling to exonerate the tax pay-itho person in wliQse hands the aii'i
his .legal responsibility for cíes are first fou^d by. ofHcers of In
terual Iteventte. With refeyenc^ to
tHosii articles, thereforv tlie,' iMo latf
ifomi v/ill not apply, but assessment
will be made, wherever they are found.
"Whenevor any periW^bplde, as
purchaser, any articles which, under Our niggers are'black
the Internal Kevenue lawp, may be ¡have thicker skull ,
i y ' .. <' 4 . ■ ^jé. ■
Some, years ago ?tn , Alabama piper
got off the following "bur^t pi eloqu-
ence.
There'-s not t¡he least shadow of «
'' <) ! J. *. >• - 11 ■ ** . < ■
¿doubt of the matter —ours i§ emphati-
cally, undeniably! ii^controyertibly,
comparo witljt it; Greece wasn't acir-f
iu#i¿ nificaí ce bt'foíe our country,
has logger rivers and more of tketri,
muddier,deeper, jind run faster, and
gó farther, arid make mpre noise, and
rise higher, and fall Kiwer, and do
more damage thdn any body else's
livers. It has more lakes, and the/'
are bigger* nod ,deeper, .and clearer
than those of ,any 'pother, nation. It
bas more cataracts, and ^hey fall fair
ther, and iaster, and harder, an<^ roar
louder, and look grander, tbáft all
other Cataracts, lit has more inount-
ian uoivn.. uuui uu oiuvr
motín Caín*. 11 has more ¿old,' and i t
íá heavier and brighter, rind is Wottlt
more than the gold of other natfons.
Our. steamboats are longed 'and
er loads, and bile their
oorry bigg
busters oltener, And tlie
may have been carried dn
predated currency it will be proper
for the Assessor to aeceiitainf the a-
uiouv.t ot llu; incorae, onvaluí,proales, Our men are bigger* higher, and
or receipts, in lawful nidn*y ,«f the thicker, andcttn fight harder, ^n'nd
ed States, according to tlwbesi faster, and ean drfnk more whiskey#
it than in other countries.
and can drink inore
chew: more tobáceo, spit more
further, kick up their heels higher,
and do anything else more cud better,
and offener, than men in all.other
uouhttfc8 combined. Our ladies are
pre! dftrj diesS^ iUer> spend moi e money,
bréAk moiVi hearts, Wear bigger hoépi^
'W4
m
eák moiVi hearts, Wear 1
a^d wear shorter dresses,,
devil, generally to a greaU
thftn all other ladies. Ouf fotitl.. .
e|in spoút louder, lie harder, make gat
foster, dodge quicker' abd turn often- '
er. niake more noise nnd 6b less work, -!!
than eyerybody else's no'.itic
f órk III.
louder,
St'RSUk IV UttW>„UtV UiÁlUUi^ VA Uf4 W
ceilained and (jete^jwi^ár. .. 5fhe prop.
t'vS 4 i
. mm
«
any oth-
lalilnud
traneported under bond, and desires n^ed tbrastllftg oi
to transport the same to' any North- er niggers. Our
era port, he may apply to tho As- er, grow faster, nnd
sefeaor to have tho at oui^ o^ tax as- their trowffrfl quicker than, all othe* .
children, . „ , u . <
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Osterhout, J. P. The Texas Countryman. (Bellville, Tex.), Vol. 6, No. 3, Ed. 1 Friday, January 26, 1866, newspaper, January 26, 1866; (https://texashistory.unt.edu/ark:/67531/metapth180220/m1/3/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.