The Texas Democrat (Austin, Tex.), Vol. 1, No. 10, Ed. 1, Saturday, March 14, 1846 Page: 1 of 2
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EMI.WB'EKLT.
' Published every Wednesday amd Saturday by J. . Ford & II. .Crosaican, corner of Congress Aveane and Fecasa Street. -
VjOLITME I.
AUSTIN, TEXAS, SATURDAY, MAliCH 14, L846.
NUMBER 10.
THB
BEaroCRATe
rS
Some honorable tjeiiuluts liive usaeiled that lie
could nut rcMgn unites he actually posse&sud the
office. In other words, that he"cuu!il resign neither
nulil nor pose.-Mon until he had theXiUur. If so, lus
resignation ib null and void, .is having been (irema
lurrly in.ide, and he is sliil entitled to quality himself
and t;i he his seat.
Let ns ui;iof, then, that he should now enter the
other chamber, and, ptCbLMitiu the credential that he
might once have iiud, demand formal initiation, say
ieg atlhe same lime. my resignation of a beat here
lb void, as it was ut'idu before I pu-a-esuc it, and he
lore this body existed, and hence my election si. II holds
ijood." The icply in such c.ise ought mid, I believe,
would I e, "jour light having been resigned before
consummation, you sl.utd in Hie mine position as if
you li.id never been elcrti d your election and its
ti-rin me wiped nut. and leaves no tnutk to stand for
1 you or neainsl you."
Let us suppose that thn rrj-clcd member should
thi'ii present himself in this Senate ml request u5, if
mi itliji-ctioi.s were apparent, to rnnlirm the nomina-
tion now before u. if 1 may judge from what has
been s.iid, the reply would be, "your nominalioti can
tint be cnufirmrd, because you have been a member
of the other House."
All thi, Mr. President, involves a contradiction,
wlin h emild nevT h.ive been coiilemplaU'd by our
Constitution ; and if its provisions are to be construed
on a plan so illiberal m.d narrow, they v. ill bind the
powers of government in feller Mint will repress its
nmst efficient action, and deprive it in many cae of
the service of citizens in stations they are most filled
to occupy.
PeiMins have in limes past been elected to the
Congros of Texas u lien they wete absent from the
country', only on pie.-iiiiipliiiiilh.it they would teliirn
in time and serve if elected. This may also be done
under the Stal government. Should the person so
elected not teturn in tunc, nr decline serving, would
it be dotnir justice to him or the State to debar his
abilities from being exercised Tor the next two ycats
in any office like that In which Mr. Howard is inimi-
nated. They would bo so debarred it the mere result
of an election creates an actual member of the Legis-
lature ; and sui h injustice can only be avoided by
establishing the pri:uiplc that a member elect has no
official xisicnce until his election is consummated,
and initiation makes him a member by act.
There is one point, Mr. President, i) which I have
not yeL touched. When Mr. Howard's piospcctivc
right to a legislative seat was resigned the TZepiiblie
of Texas had not vet been pronounced to be " no
more.' Hi rigfil became extinct not only before the
Legislature to which ho wa elected had been organ's-d,
hut before the Stale government of which that
body formed a part, had ai quired a visible existence,
and before the Constitution of the Republic had
ceased its functions. He was elected by people of the
Republic to icpresent them on a scene as yet only
prospective; and before thrt scene had opened the
President of the Republic announced his wilhdiawil.
If he could not be the member of a body which did
not exist, still less could he be a Legislator of the
Stale while the Republic was yet in being. Under
this view of the chsc the idea of bis official exislence
ns a member of this Lcjjisl iturrs aLthat time becomes
doubly absurd Ins immunity fiotn the Htlendaut dis
abilities becomes' doubly fortified and any action of
this- Senate reaching to that time becomes doubly re
trnspeclive.
Mr Pcesident. I submit these remaik to the consi-
deration of the Senate; but it tt lion, members will
duly weigh the several points i,f the case. I think they
will need no aigiiment of minp to convince them that
his Exrellency the Governor has not committed the
erroi of nominating an ineligible man to office.
ADDRESS OF JUDGE BRANCH,
On tak ng the chair, as Speaker of the II -use of
Rj'preseiitunves, on Moodr.y. 9 h March, 186:
Gntllrmrv nfflir Home of Rrprrsrutitlirrs
The dunes of the station to which your pirtiality
hns c-lled me. places ineceitnio'y. in no enviable po
sitio". I am cal'ed upn. Geut'c men.by n vote nf
jhjs H mi'-c. to fill nn oficp which, in the opinion of
in-ioynslrenilvccutieiLbyjMiolher.
- -Noinember of tin House regret moresinccrelv
tary pmo'Trom tHnt'IJ mo . r - ' Hwirm 'herein. 1 thin I do. 'n necessity which hns, occurred nt -this
ri'iip, rrlcitfru,"Stcr.c!iKer. VA iniij'ijtUy ol Hie .
TH13 TISXAS DlS.?iOAAT.
TEKAla.
Subscription. Four dollars per annum payable in
B-ance.
A-Taertiting. For cacS square of ten lines or un-
dur, tirt insertion, one dollnr. For each subsequent
imortion, fifty cents.
A deduction of fifty per cent, will be made upon
yearly advertisements, with the privilege of renewing
ilia same quarterly.
Announcement of candidates for office fivcdoilars.
Marriage and Obituary notices of more tbanthrpe
lines in length, charged the same as advertisements.
O" AH trauscietit advertisements must be paid for
in advance.
An allowance of ten pnr cent, upon all sums be-
tween twenty-five and fifty dollars, and of twenty
par cent, upon all sums over fifty dollais, will be
made to agents.
All letters on business connected with tho office,
moat be addressed to Ford & Cronican. and be"
Pos I Paid.
JLJ
REMARKS OF SENA'iOR NAVARRO
On tho nomination ofVolney E Howard, Esq., to the
office of Attorney General.
Jfr. President It-is perfectly clear to me that the
nclnmlion now before Hie Senate of Volney E. How-
ard as Attorney General, i one that may be consti-
tutionally confirmed at least if there be no other
abjertiou than his being or having been a member of
this .Legislature. If there be any others, I will be
glad to hear them and acknowledge their real force;
but that he has over been such member I cannot'
admit. .
In construing thn meaning of our Stale Constitu
lion tho rpiril and the object of it provisions must be
considered .well as the letter. The24 h sectiorfof
the thirdarliele provides that no member of the Le-
gislature shall, during his term, be eligible to any
office which has be-n created, or benefitted in salary,
by the Leg-slaturp of the samp term, or to the fillieg
of whieh office legislative action is neccs-ary. The
object of the provision doiilitles was to prevent any
member aiding by hit vole or influence In creating
an office or rIInt ' par. with the view of stepping
into it himelfl." Tiiis objcl annol be contravened
hj -appointing to office a m're member elect, w ho has
resigned before inking his- sat, or giving a vote, or
using any influence whatever in the Legislative body.
Mr. Howard.it is true, was elected to remesent the
County of Rexar. He thus acquired a right to take
aVeftt fn the House, provfrieirifp chosn to comply with
the requisite forms of initiation Instead of doing
that, he renounced his fight two days' befuro the Le-
gidaturn was organised.
L-t ii4unpno that, though willing to avail himself
of that right, some disabling accident had pievented
his journnv hither, and induced him to resign before
being qua! fiod Ought that painful accident to have
rrndeipd him incapa!l of s-rving the S ate in many
other high capacities, merely because he might have
had a. seal m the Legislature?
Let ti-suppose that h- had nciii-illy prcFcnlc d his
ereden'ialu and taken the ii-itiaiory oath, and a mo-
ment after It were discovered thai, from some consti-
tutional defect, like ihit tf being under age, bis &. at
was va Rati I. VVJio cnuld-then luivn asserted that he
had pvor had a legal existncn as a member, or
ihnt lw barren plcion h-icl fastened on him the
fncial'tsabilitleff thalwou'd'have ncco opauied uc-
srMV.u-T-BK-o'Hntton? As well imgiit 6Uch disa
bility -attach to nn unsuTcTSsMuTVindidate
It is clear 1 in that Vilney E. Howard has no
-moriO'ad nn offi'-iiil pxistenco as a member of ibis
body, "than he would have Ind in either of the ra-es I
Jinve ited, and hetiep. thnt lip is whol'v frpe from the
disahilitv that neh an exisi"tice would involve It",
fay way of otetHp'ior. we call that legal -existence a
crime on which we are now deciding, it might per-
haps be shown that hn has been guilty ofihe inlet lion
bill no', thjTaet'andjto the laller only can the pen-
ally be awarded. " '
Byiwccj JinNand nt being tfiere is no ioleriuc-
!iate stafe The "Ties1 '. cmnwi to llusf'His hjs.,
1ieen or ha' he not hen jC reinher iP-Uij Iloiife of
Rnprejcdntntiv'cs fjie-has lieo. I eH ftr deumen
The pronlaui'-itnn nf the ta-t Weiit i ri-.j
citftd a proof that Mr. IToWj Un tve-ii a Tnembcf, , Il-'jr'. in.wnr. fierv tn'ntura consideration, have
inct?-Jtpmcliins his reigoatioo; inci .10 ic, vrn 1 la uihl h nere-Tv. ..-- tf&Pr -eiinrrassments I
have b"rn tofd. can relinquish wliat -he has not, nnu 1 may fie mv,"l"'l"' cl hv ih-s fttyer4i f "timi'm, T
the relinquishment of an offir.ppati on lyTollow posses.
ion. A clnuso in the Cons'itouon has also been
referred tv1iich makes any member of the Legishi
4ure ineligible to !hpi.ofiiccs referred to di.ring the
term frwWch4iWns ebcled; atd it is asserted n
4histhat mere election mnsl, during its term, involvn
tn disability refrcd lo.
"Rut. Mr. President, there isa dtfT'renre lielwenn mi
officer by light and nn officer by act. Election cnavU
mKC uie inriner, 11111 noining avp iu loruinl nsctitnp ft
.t ..r j .ii. .... ....yi. ii.. i.n... t. . U
iioil miijr ii'-i "mti vim t-.iit- iou itiiii'r. Jl l ill l-
ejrs nnth-it lli(!'ffii"r be elected fir n term to which
the Constitution refers in connection with disahilitv
The requifit" formalities ofioitiHlio'i alone rtn con-
ui:imsie the election; and without thai the elecioml
tr'n cannot exist. Anv credei till given In nn officer
fcpfore thnt consummation, in merely a voucher of his
right, which be rmy use or nnt as Iip pleaes. If he
-resign that right before lie becomes an officer by act.
Jiis election and its term become as null and void as if
they had fever exiled.
Now I astetl that Mr. Howard has never been n
member of the other Tloue.beenuse be was not one
by act The right which he had to iTeenme one was
ilinqii'hedhv him before the time of coniirnmntinn;
a.nd the President, in order to ii-e intelligible lcrm.
and to -avoid Ingicil distinction, in a brief nroclniun
iion announced that the member elect from B xnr hnd
resigned. He rould only resign what 1m than had,
which wa.1 not hii ofHcB,"but hit right to it.
00 not tcei L. J' egraicto: lor ine jr.r. .r hi ki ;.-r
upon me an honor the more esteemed, c unej ft i'
c'oes Troin llioe w i'li whom I hn-.e ien fr t.r,.-
time, nssoeiatcd ; nil I can promise in return for voir
confidence, is bj' " strietJittention to the rules whieh.
vou have idniiled lot vmr government, and an jm-
pnrlinl npplicniion of licm, lo the huiness of -the
FJo'ise, lo endeavor in some measure to deserve it.''
if ,,
'o the Editor of the Democrat : ?tK
I have understood il has been suppord by some
TEXAS LEGISLATURE.
thnt the article which nppeared in the last number of
the Democrat, under the signature nf a " Texian of
Bcxnr." was infrub'd to ri fl -ct on the conduct of our
fri.nd Colonel Hays or hissnhliets I hereby declare
'bat sin h w as not the :uteiition. nor am law are that
Ibo nrticlrt could heir thil coustruelio'i It, (hat
communication I icflected on tneniircs. not iiidividu-
al. On the defective n.iUirn of the relai.ons eslalw
lihed wiih the lodmus. which restrain our miliiary
commanders from clin-lisW any act of bad fiiiih thev
may commit, not 011 the officers who ar (bus impe-
bd in discharging a duly they would willingly
fu'fil.
I esteem Col. Fl'iys as 3 friend and for his well
known biavery and character, nnd ai.piecinle the val-
uable services perfoiinrd by him nnd his troops; and
had I occasion In n fleet on je conduct of an officer,
I would doit openly and not ' impliotion.
". ' - A TEXIAN OF BEXAR.
SENATE.
Tuesday, March 10th.
Senator Wnll.'tce preacjiited the petition of
Simpson Hnllmvny, priiyiii1; rt-lief, o ; rend
and referred to Cmnniiltt'e cm Public Lands.
Also, the petition of Horatio M. Hanks, uhicli
was referred to the same Coininitlee. Alto,
the piMitiiiu of Poller Reiily, and other Heirs
nf Phillip Puller deceased j read and referred
to the same Committee.
Senator Hogg;, chairman of the Judiciary
Cotninillee, to whom was referred the petition
of Louis O. DitrM, reported ly hill to "lie en-
titled an act to remove the disability of mino-
rity from Louis O. Durst; read ls-t lime.
Senator Robinson, otic of the Comiltee on
the Judiciary, to whom was referre In bill to
he entitled an act to reduce the license tax,
submitted a report dissenting from a majority
of the Cotumiitce, who recommended the re-
jection of the hill.
Senator Walla cp, one of the Commitieeon
Public Lands, to whom was referred the peti-
tion ol U.J. Thomson, reported by a joint re-
solulion for the relief of ihe heirs of Patsey
Lewis deceased ; reatl 1st time.
Senator Wallace, introduced a joint resolu-
tion instructing our Senators in thcU. S. Con-
gress, to apply for a copy nfthe acls and jour-
nals ; also, n copy of the decisions of the Su-
preme Court; read 1st lime.
Also, a bill to he entitled nn act to nlll w
notes, hotttls and other claims for money, tt-
giiiist a testator, or intestate to be plead and be
used as setoffs in an action brought aguinsl
the mvner thereof, by the executor, or-udininis-irator
of said testator or intestate, upon a
note, houd or other demand for money ; read
1st time.
Senator Parker, chairman pro tetn of lha
Committpe on Finance, to whom was referred
a hill to he eutilled an act for ihe relief of per
sons h-iving.gnoils in public stores, introduced
under the revenue laws of the Uepuhlic ol
Texas, reported tin: same and recommended
its rejection ; report .ndoptell.
OltDER-i OP THE DAY. - 1 -
A hill to be entitled an act to lesnlize -nnd
make valid, the official acls of Cliief,.iiiltl As
social J ustices, while setting as boards of Land
Commissioners between the first Monday in
September IS 15, and the first ofjanury IS4G ;
read 3rd time, and passed. J';
A hill 10 he entitled an act tW-eXPmpt from
taxation, two hiind.ed an 1 fifty dollars worth
of household furniture, or other personal pro
perty belonging to each family in the Slate;
read 3rd time, and p-i-sed.
A bill to be eutilled an net creating the
Cminty cifSmith ; read 3rd time, and passed.
A bill to be eutilled tin act creating the
County of Cherokee ; read 3rd time and pas-
sed. A hill to be entitled nn,ncttn prevent indi
viduaN from issuing hillschecks, protnisory
uole--, or other paper to circulate! as money ;
read '2nd time, and referredfln the Judiciary
Committee. J&"
A bill to be entitled an nctwLrepenl so much
of the common law as relates lo'dower ; rend
2nd time, and referred to theIudiciary Cotn-
miltee. ggj
A hill to he entitled nn nctto protect reli-
gion': denominations in theppncahle enjoy-
ment of their own ni"de of imlilitrrorship us
prni'led for in the 4ih sectimftnf the nil! of
ri.-.'c ; read 2m! time, and referred to the Jn
ill iary toji;;tn
A bill to be
(I nn
Cut" n V e
Committee therefore recommend its rejection ;
report adopted.
Senator jUourlnnd, chairman of the Com-
mittee on County Boundaries, to whom was
referred a bill lo be entiilpd an net to creuu
the County of Collin, reported the same buck
to the Senat . and recommended its passnge.
Senator Scott moved to take up a bill to
provide for the destruction of thealinbilities- of
Texas, which have been paid nnd redeemed ;
can ied, and bill referred on motion to Com-
mittee on Finance.
A message was received from the House
informing ihe Senate, that the House had
elected the Hon. E. T. Branch, as Speaker in.
the place of the Hon. John Brown, resigned.
On motion the Sennte adjourned until to-
morrow, 10 o'clock, A. M.
Wednesday, March 11th.
Senator Hogg, chairman of the Judiciary
Committee, to whom was referred a bill to he
entitled an act to carry inio effect the 22ud
section of ihe 7th article of the Constitution
so far as relates to foiced sale of property un-
der execution, reporied the foHowitig substi-
tute for the original bill referred to them, to
wit :
Sec. I. Be it enacted by the Legislature of -the
State nf Texas, that 200 acres of land notf
included in a town or city lot, or lots, being
the homestead of a ftmily, shall not be subject
lo forced sale under execution for.rjrjyatedehts,
nor shall any town or city lot or -lois, being
the homestead of a familyfMtot to exceed in
value two thousand dollars, be subject to for-
ced sale under execution, for private debts.
Sec. 2. Be it further enacted; thnt one
hundred dollars worth of the household, and
kitchen furniture of each family in this State,
one year's provisions, five cows' and calve,
twenty hogs, one yoke of wotIv oxen, one
horse, one cart or wagon, two ploughs, two
-els of plough gear, six hoes, three axe, ten
head of sheep, one loom, one spinning wheel,'
I wo pair if cotton cards, and the wearing ap-
parrel of each family, shall be exempt fro&,
forced sale, for a y debt, or debts, tlut may-,
be contracted after the firht day of January,
.1847. - -
Sec. 3. Be it further enncted that the li-
brary of professional fnen,.lhe surgical instru-
ments nf physicians, ihe tools or implements
of mechanics, shall not he subject to forced
sale for debts contracted after the first day ofi
January, 1847.
Senator Wallace, one of the ComniiUsa
made the followiii"; report :
The people of Texas in theexercisc of ihfir
tiucoutrolaiile, supreme power, have declared
what is the law upon the stilvject nf protect jiig-
homesunds from forced sale, and no act of the
ordinary Legislature can contravene, extend, -or
circumscribe their high behest. Were the
Legislature lo resolve that the acts nfthe peo-
ple should be subject to a certain interpreta-
tion, the resoluli m would lie void, and unpro-
lific of good. If the Legislature could resolve
efficiently to that extent, nny net whatever of
theirs, wotthl necessarily supercede the Con-
stitution whe ever n new conflict might nriso
between them. The Legif httirrc though exer-
cMnir mighty powers, tire the ageu's of tho
people, uud ns such, are utterly incapable of
re'arding the operation of, or of diverting
from their course, the more mighty powers
ami decrees nfthe people.
If the Legislature could wield the power of
explaining the law, as declared by the people,
the explanatory act would he the controlling
superior, paramount law ; hence no net nfthe
LeisJ ,tu.e would ever he considered 'n tran-
State of Texas, tin: customs reveuTm'recei .e.ewlsimi of ulT urfc'jaUid power, or as te-
Ws 'qjie Re j mg repu Jimnt to iluvGonshiution ; lori V5?5
veil, or incurred under the law
public of Texas ; read 2nd lime, . referred- to
riuatice Committee. &
A bill o he eutilled an net defining the du-
ties of State Treasurer; read 2nd time,nnd
referred lo Finance Committee.
A bill to be entitled an act defining the "du-
ties nfCnmpirnllcr of public accounts of tlia
State of Texas ; read 2nd time, and referreu
to Finance Committee.
Senator Wallace introduced a hill to be. en-
titled an aet to allow defendants to plead a
partial failure of consideration ; read 1st time.
S itor iWcKiuney, chairman of thn special
Cot ittee :o whom was referred a bill to he ' irovernment, should exercise its own peculiar
entitled nn net to legitimate a certain child
named Mary R., reported that in the 15th
section of an act regulatinjr the descent and
distribution of intestates estate-, the object of
genera! auiihi'V might nntl probably would,
declnrn every act oT theirs nn illustration of
the primary law, or law adopted by the peo-
ple. The Cottslitution would cease to hare
obligatory influence, or to be considered ns a
chart of directions ; and it would never be re-
ferred to, as an arbiter for the settlement of
contests for power.
The power to interpret the irrcvisnble sets
of the people, judiciously entrusted lo a de- f2
partinent of government that is distinct from,
and co-ordinate with theliegislature ; n.nIjrfr&
people haves iid that each department tttp
ihe hili is fully met uud provided for, the i departments, a countervailing branch of go
power under prescribed rules; nutl exert a
restraining influence over thVother, on all ne-
cessary occasions.
By ibis (IiviMi.n of power among different
fj ...
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Ford, John S. The Texas Democrat (Austin, Tex.), Vol. 1, No. 10, Ed. 1, Saturday, March 14, 1846, newspaper, March 14, 1846; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth48310/m1/1/: accessed May 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.