716 



TEXAS. 



term commencing March 4, 1871, and ad- 

 journed. The question came before the Senate 

 at the first session of the Forty-second Con- 

 gress, when the claim of General Reynolds was 

 disallowed, and Mr. Hamilton was admitted to 

 his seat. The bill readmitting the State to 

 representation in Congress was passed on the 

 29th of March, 1870, and on the 26th of April 

 the Legislature reassembled and continued in 

 session until the 15th of August. Many im- 

 portant laws relating to the reorganization of 

 the civil power in the State were passed at this 

 session. Much trouble having been experi- 

 enced in the counties on the northern and 

 western frontier by roving bands of Indians, 

 an act was passed for the enrolment of twenty 

 companies of mounted rangers, each company 

 to consist of fifty privates, and the requisite 

 officers ; to be armed with effective and ap- 

 proved breech-loading cavalry arms, and to 

 serve for the period of twelve months on the 

 frontier. 



By a law passed at this session, providing 

 for the organization of the militia, all able- 

 bodied male citizens between the ages of 

 eighteen and forty-five, residing in the State, 

 with certain special exceptions, are made liable 

 to military duty. The Governor is command- 

 er-in-chief of the military forces of the State, 

 which consists of two classes the State Guard 

 of Texas, and the Reserve Militia. The former 

 consists of all such persons liable to military 

 duty as shall voluntarily enroll and equip them- 

 selves for service, while the latter comprises 

 all liable to military duty not enrolled in the 

 State Guard, and provision is made for the en- 

 rolment of all such in the several counties at 

 least once in two years. The Governor ap- 

 points one adjutant-general, with the rank of 

 colonel, who, in addition to the duties properly 

 belonging to that office, acts also as quarter- 

 master and commissary-general, as chief of 

 ordnance, and as inspector-general. All fines, 

 forfeitures, and assessments, imposed by way 

 of punishment for violation of the laws gov- 

 erning the military forces of the State, are paid 

 into the Treasury as a fund to aid in arming 

 and equipping the State Guard. All persons 

 liable to serve in the Reserve Militia may avoid 

 such service by paying the sum of fifteen dol- 

 lars, which becomes a part of the above fund. 

 By this act great discretion and power are 

 given to the Executive in cases of disturbances 

 in the State. "It shall be the duty of the 

 Governor," says the law, " and he is hereby 

 authorized, whenever in his opinion the en- 

 forcement of the law of this State is obstruct- 

 ed, within any county or counties, by combi- 

 nations of lawless men too strong for the 

 control of the civil authorities, to declare such 

 county or counties under martial law, and to 

 suspend the laws therein until the Legislature 

 shall convene and take such action as it may 

 deem necessary. In this event the Governor, 

 by his proclamation, shall designate the county 

 or counties wherein the laws are to be so sus- 



pended ; and the Governor shall call out such 

 part of the State Guard, or Reserve Militia, or 

 State police, as may in his opinion be necessary 

 to the suppression of disorder. The expense of 

 maintaining the State Guard, or Reserve Militia, 

 called into active service under this section, 

 may, in whole, or in part, in the discretion of 

 the Governor, be assessed upon the people of 

 the county or counties where the laws are sus- 

 pended." Whenever the laws are suspended 

 as above provided, it is made the duty of the 

 Governor to provide for the trial and punish- 

 ment of offenders, and to prescribe all necessary 

 regulations for the formation and government 

 of courts-martial and military commissions. 



For judicial purposes there is a Supremo 

 Court, consisting of three judges, and the State 

 is divided into thirty-five judicial districts, for 

 each of which a district judge is elected, who 

 is required to hold three terms of his court an- 

 nually, in each county of his district. There 

 are also justices of the peace, with jurisdiction 

 in petty cases, who try issues by themselves, 

 or with a jury of six men. For the purpose of 

 maintaining the companies of rangers on the 

 frontiers, the sum of $750,000 was authorized 

 to be raised by the sale of bonds, redeemable 

 at the pleasure of the State, after twenty years, 

 and payable after forty years, bearing interest 

 at seven per cent, per annum in gold, payable 

 semi-annually. A tax is to be assessed on all 

 property and occupations according to general 

 laws of the State, for the purpose of paying the 

 interest on these bonds, and creating a sinking 

 fund of two per cent, for the payment of the 

 principal at maturity. A very important act 

 relating to the public lands of the State was 

 passed, by which it is provided that " every 

 head of a family, who has not a homestead, 

 shall be entitled to one hundred and sixty 

 acres of land out of any part of the public do- 

 main as a homestead, upon condition that he 

 or she will select, locate, and occupy the same 

 for three years, and pay the office-fees on the 

 same. And all single men, twenty-one years 

 of age, shall be entitled to eighty acres of land 

 out of any part of the public domain upon the 

 same terms and conditions as are imposed upon 

 the head of a family; " and any person who 

 shall hereafter in good faith actually settle on 

 any part of the public domain, not exceeding 

 one hundred and sixty acres, shall upon fur- 

 nishing satisfactory evidence of such settlement 

 be entitled to purchase the same from the 

 State at the price of one dollar per acre. Any 

 person now occupying any part of the public 

 domain in good faith may within twelve 

 months from the passage of this act take the 

 necessary steps to appropriate the same or a 

 part thereof as a homestead, or to purchase 

 the same, or a part thereof, according to the 

 provisions above recited. 



The holder of any genuine land certificate or 

 other valid land claim against the State shall 

 hereafter have the right to locate the same 

 upon any part of the public domain as above 



